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Page 7
party once during any calendar year; provided, however, that if any examination
uncovers any material inaccuracy or underpayment, this restriction shall
no longer apply. A party shall be barred from instituting or maintaining
any claim, action or proceeding of any kind or nature with respect to any
statements rendered hereunder unless such claim, action or proceeding is
commenced within one (1) year after the delivery of the Accounting Objection
relating to such claim, action or proceeding.
This is just typical accounting language. Again, the only difference is that here both parties compute and report. Duration of Rights The rights of Err Bear and 2Publisher in and to the Compositions shall extend for the term of the term of the Songwriter Agreements and for the terms of any renewals, extensions or replacements thereof. This is the provision that incorporates the reversion of the songs to the Writers, as mentioned earlier. Remember, once the songs revert to the Writers pursuant to the Songwriter Agreements, this agreement no longer controls. The publishing companies can only agree to the things contained in this agreement during the period of time they own the songs. After that, the ball game is over. Conclusion There are many other provisions in my form of joint administration Co-Publishing Agreement. But most of the difficult ones are discussed above. The specific deal will be negotiated differently each time, and it is important to be flexible and creative. Just remember, there are a lot of issues involving the administration and exploitation of a song. If you cover them all in your agreement, you will maximize the likelihood of smooth sailing on your way to songwriter success. Becasue this article is so long and involved quite a bit of work, I intended to publish it in two parts, half this month and the remainder next month. Ultimately, I decided to publish it all at once, in its entirety. It will serve as my article for August and September. If I receive any questions about this or any other topic over the next few weeks, I will do a question and answer topic in September. Otherwise check back in October for my views on management contracts.
The copyright of the article The Art of the Deal- Independent Co-Publishing Agreements - Page 7 in Songwriting Industry is owned by . Permission to republish The Art of the Deal- Independent Co-Publishing Agreements - Page 7 in print or online must be granted by the author in writing.
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