Fillable Royalty Split Agreement (Law for All South Africa)

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Royalty Split Agreement (Law for All South Africa)

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This is a Royalty Split Agreement Template. It can be used to record the agreement of several
artists regarding ownership of a song and the split of royalties and earnings. Once the
Agreement is signed by the Artists, it is legally binding.
1. Read the full Agreement.
2. Decide which of the Artists (one or multiple) will fulfil the following roles:
2.1 The Owner: retains permanent ownership rights of the master recording of the song (refer to clause 6 of
the Agreement).
2.2 The Licensee: will be responsible for the distribution, licensing, marketing and publication of the Track for
the period of the Licensing Term (refer to clause 7 of the Agreement).
3. Insert the required information where necessary.
4. The Agreement assumes that there are four Artists.
5. The Artists sign the Agreement.
Instructions:
Royalty Split Agreement
Explanation of Agreement
Legalese is a creative legal agency that has redesigned legal services to suit creatives, musicians and
entrepreneurs. With years of experience within the South African music industry, we have created a set a
templates to assist young musicians in building their career professionally. This is our contribution to the
industry which we love. These agreements have been drafted based on our experience, however, keep in
mind that they are generalized agreements and do not constitute legal advice. If you require specific advice
regarding your work, you can contact us for assistance.
WWW.LEGALESE.CO.ZA
Manager Name
6. Distribution, Licensing, Marketing and Publication of the Track: In this section, the Artists agree to give
the chosen Licensee certain exclusive rights for the length of the Licensing Term.
6.1 The Licensee has the right to print, publish and sell physical copies of the Track, distribute the Track
through any digital music platform, assign, license and publish any public performances or recorded
mixes of the Track, authorise use of the Track for sync purposes, use the Track as marketing for the
Licensee, and collect any royalties or income derived from the Track.
6.2 However, the Licensee cannot give these rights to another person or organization without the consent of
the Artists.
7. Warranties: In this section, each Artist confirms that s/he has the legal right to grant the rights in this
Agreement, and that they will obtain confirmation of any necessary permissions of any person who
may have a right in the Track – for instance, if a sample is used.
8. Disputes: This section specifies what will happen in the case of a dispute. All parties shall attempt to
solve the dispute in a friendly manner, and if they can’t, they’ll approach an independent industry
expert who shall mediate the discussion. The dispute will be kept confidential.
9. Breach: This section states that if any party fails to comply with the Agreement, other parties are
entitled to give five days notice for them to comply. If they fail to comply after this notice, the other
parties can demand that the Agreement be carried out, and may also sue the party for any loss
they’ve suffered.
Each section of the Royalty Split Agreement is explained below.
1. Introduction: This section states that the purpose of the Agreement is to record an agreement
regarding ownership of a collaborative Track and the split of royalties and earnings.
2. Duration: This section explains the time period over which the Agreement is valid—from the day of
production of the Track until the Agreement is specifically amended or terminated in writing.
3. Royalty Split: This section lays out the percentage of rights that each Artist owns, and subsequently
the percentage of earnings that could come from the Track.
4. Roles and Responsibilities: This section states the Artist is responsible for publishing administration.
5. Ownership: This section specifies that the Owner retains ownership rights over the composition,
including the master rights.
Royalty Split Agreement Explanation:
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Manager Name
Between
and
(hereinafter referred to as “Artist 1”)
Artist 1 Full Name:
Royalty Split Agreement
Physical Address:
Identity Number:
(hereinafter referred to as “Artist 2”)
Artist 2 Full Name:
Physical Address:
Identity Number:
and
(hereinafter referred to as “Artist 3”)
Artist 3 Full Name:
Physical Address:
Identity Number:
WWW.LEGALESE.CO.ZA
Manager Name
(hereinafter referred to as “Artist 4”)
Artist 4 Full Name:
Physical Address:
Identity Number:
and
Song title
(hereinafter referred to as “the Track”, and
containing both the master rights and composition)
Artist(s) who will retain ownership rights
to the master rights
(hereinafter referred to as “the Owner”)
Licensing Term
(hereinafter referred to as “the Licensing Term”)
Party who will serve as the Licensee
(hereinafter referred to as “the Licensee”)
DEFINED TERMS
(“the Agreement”)
1. Introduction
The Artists have collaborated on the Track and have entered into this Agreement in order to record their
agreement regarding ownership of the Track and the split of royalties and earnings.
2. Duration
2.1 Subject to 3.2 below , this Agreement and the rights conferred herein shall be regarded as having
commenced on the day of production of the Track and shall remain in force in perpetuity.
2.2 This Agreement shall remain in force until such time as it has been specifically amended or
terminated in writing by the parties.
WWW.LEGALESE.CO.ZA
mechanical rights;
performance rights; and
needletime rights.
ARTIST 1 ARTIST 2 ARTIST 3 ARTIST 4
3. Royalty Split
The parties agree that following rights are owned in the following proportions and any income,
proceeds, or other earnings derived from the exploitation of the Track will be split between the parties
accordingly:
4. Publishing Responsibility
It is the sole responsibility of the Artists to register themselves as a member of CAPASSO, SAMRO or any
other applicable royalty collection agency in any relevant country.
6. Distribution, Licensing, Marketing and Publication of the track
6.1 The Artists agree to assign the Licensee the following exclusive rights for the Licensing Term:
6.1.1 the right to print, publish and sell physical copies of the Track;
6.1.2 the right to distribute the Track through any digital music platform which it deems as appropriate
and beneficial;
6.1.3 the right to publish the Track;
6.1.4 the right to assign, license and publish any public performances or recorded mixes of the Track;
6.1.5 the right to authorise the license and use of the Track in motion pictures, advertisements, video games
and television productions;
6.1.6 the right to use the Track as marketing for the Licensee; and
6.1.7 the right to collect any royalties or income derived pursuant to publishing or distribution of the Track.
6.2 The Licensee cannot sub-license or cede to any sub-licensee or sub-publisher any of the rights in
7.1 above, without the consent of all the Artists.
6.3 Upon expiration of the Licensing Term, the licensing rights described in clause 7.1 above shall
revert back to all the Artists, unless agreed otherwise in writing between the parties.
5. Ownership
The Owner retains the ownership rights over the Track, including the master rights.
WWW.LEGALESE.CO.ZA
8. Disputes
Parties must first and foremost attempt to resolve any and all disputes amicably and with the best
interests of both parties in mind. Should the parties fail to resolve such dispute in the aforesaid manner
or within such further period as the parties may agree to during their negotiation, the parties will
approach an independent industry expert who shall mediate the discussion on their behalf. The parties
agree that in no circumstance will either party publicise the dispute on any media platform, including
social media. The parties understand that any publicity of this nature can cause serious damage to the
other party, which damage may result in a financial claim.
7. Warranties
7.1 Each Artist hereby represent and warrants that s/he has the full legal right, power and authority
to grant the rights referred to in 7.1 above .
7.2 Each Artist agrees that s/he will obtain in writing all requisite consents and permissions of any
labour organization, copyright owner, other artists or any other relevant party whose
performances are embodied or who owns any rights in the Track and the Artists will pay all re-use
payments, fees, royalties and other sums required to be paid for such consents and permissions.
9. Breach
If any party commits a breach of this agreement and/or fails to comply with any of the material
provisions thereof (“the defaulting party”) then the other party (“the aggrieved party”) shall be entitled
to give the defaulting party 5 (five) days notice in writing to remedy such breach or failure and if the
defaulting party fails to comply with such notice, then the aggrieved party’s only right in respect of the
breach of this agreement is to demand specific performance by the defaulting party as well as damages
arising from the defaulting party’s breach of the agreement.
10. General
10.1 Service Address: Each party chooses the address set out below its name on the cover page of
this Agreement as its service address at which all notices, legal processes and other
communications must be delivered for the purposes of this Agreement.
10.2 Governing Law: This agreement shall, for all purposes, be governed and interpreted in
accordance with the law of the Republic of South Africa.
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Signed At (Location): This Day (Day):
Of (Month): (Year):
Artist 1:
Signed At (Location): This Day (Day):
Of (Month): (Year):
Artist 2:
Signed At (Location): This Day (Day):
Of (Month): (Year):
Artist 3:
WWW.LEGALESE.CO.ZA
Signed At (Location): This Day (Day):
Of (Month): (Year):
Artist 4:
WWW.LEGALESE.CO.ZA
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Royalty Split Agreement (Law for All South Africa)

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Completed 14 February 2021

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