What is a Single Song Agreement?

A single song agreement is a legal contract between a composer and a music publisher that focuses on a specific composition rather than covering the songwriter’s entire catalog or future works. This type of contract is often used when a songwriter and publisher want to collaborate on a specific project or song with commercial potential without committing to a long-term agreement or involving the songwriter’s entire catalog.

How Does a Single Song Agreement Work?

Imagine Carla Composer signs a single song agreement with Pure Publishing Co. for her latest single, "Me Fui Viral." Under this contract, Pure Publishing Co. is responsible for negotiating licensing deals for "Me Fui Viral," ensuring it is used in movies, commercials, and TV shows.

Additionally, Pure Publishing Co. will make sure Carla Composer receives the appropriate publishing royalties and will protect her copyright, taking action if "Me Fui Viral" is infringed upon.

In exchange for these services, Carla and Pure Publishing Co. will split the income generated by "Me Fui Viral" according to the terms outlined in their agreement.

Consequences of Not Using a Single Song Agreement

Failing to use a single song agreement can expose both parties to misunderstandings and potential legal issues:

• Lack of Clarity in Terms and Conditions: Without a contract clearly establishing each party’s rights, responsibilities, and expectations, confusion and disagreements may arise over how the song is exploited, how income is distributed, and what obligations each party has.
• Legal Disputes: The absence of a contract can lead to costly legal disputes over copyright ownership, royalty distribution, and song exploitation.
• Loss of Income Opportunities: Without a formal agreement, the publisher may lack the incentive to actively promote and exploit the song, potentially resulting in lost income opportunities for the composer.
• Creative Control Issues: Without a contract defining both parties' rights, conflicts may arise over creative control, including decisions about licensing, synchronization, and other uses of the composition.
• Copyright Infringement Risks: If it’s unclear who has the rights to exploit and administer the song, there is a risk of copyright infringement and potential litigation.

What Information is Typically Included in a Single Song Agreement?

A single song agreement generally includes several key clauses to establish the obligations and rights of both parties:

• Parties Involved: Identification of the composer and the publisher, including their contact information.
• Description of the Song: Details about the composition, such as the title, co-writers (if any), and any relevant information about the work.
• Rights Granted: A detailed description of the rights granted to the publisher, including copyrights, synchronization licenses, reproduction, distribution, and public performance rights.
• Term and Territory: The duration of the contract and the geographic area (territory) in which the publisher has exclusive rights to administer and exploit the composition.
• Royalties and Payments: The royalty percentages paid to the composer for different types of exploitation, such as mechanical royalties, synchronization royalties, and performance royalties, along with any advance or additional payment from the publisher.
• Publisher's Obligations: The publisher’s responsibilities, including promoting and exploiting the composition, licensing efforts, print publication, and copyright protection.
• Warranties and Representations: Assurances made by both the composer and the publisher regarding the originality of the composition and the non-infringement of third-party rights.
• Additional Clauses: Provisions for dispute resolution, applicable laws, confidentiality agreements, and other legal and commercial aspects.

These elements ensure that both parties have a clear understanding of their roles and responsibilities, minimizing the risk of misunderstandings and disputes.

What Rights Are Included in a Single Song Agreement?

For a publisher to effectively manage a catalog of musical compositions, they typically need to exercise the following rights:

1. Registering Recordings: With copyright agencies and other licensing bodies, if the composer hasn’t done so already.
2. Creating, Selling, and Distributing Recordings: In various formats, including physical, digital, and electronic.
3. Performing Songs: Allowing both the publisher and others to perform songs publicly or privately, whether for profit or nonprofit, via radio, television, the Internet, or other mediums.
4. Publishing: Or licensing others to publish printed versions of the songs, including sheet music and lyrics.
5. Adapting, Modifying, or Translating the Songs: Including recording in other languages, adding new lyrics or music, licensing versions by other artists, and authorizing the use of parts of the songs in other works.
6. Licensing Recordings: Managing licensing rights for user-generated content platforms like YouTube, Facebook, TikTok, and other audiovisual programs. This includes identifying, claiming, and monetizing videos containing the recordings.
7. Using Artist Names, Images, and Biographical Information: To promote recordings and publisher services.
8. Third-Party Use: Allowing third parties to exercise any of the rights granted to the publisher.
9. Revenue Collection: Ensuring that all income generated from the rights granted in the agreement is collected according to the specified terms and conditions.

Main Clauses in a Single Song Agreement and What They Mean

• Licensing of Rights and Compensation: The publisher has the exclusive right to commercially exploit the compositions transferred by the songwriter during the contract period. It may also specify that all rights to the compositions revert to the songwriter upon contract expiration.
• Publisher's Obligations: This clause requires the publisher to make reasonable efforts to exploit the compositions and protect the copyrights. If a composition isn’t exploited within a specified period, the songwriter can request the return of the rights. If the publisher fails to act within 60 days after notification, the rights will revert to the songwriter.
• Advances: The publisher may pay a non-refundable advance to the songwriter, which will be recouped from future income and publishing royalties.
• Compensation: The publisher charges a commission of 25-50% of the publishing royalties (publisher’s share), while the songwriter collects their writer’s share of royalties.

Is it Necessary to Hire a Lawyer to Create a Music Contract?

While it’s not strictly necessary to hire a lawyer to create or modify a contract, consulting a lawyer specializing in music and entertainment law is always advisable to draft or review contracts and legal documents.

If legal fees are a concern, platforms like Flou offer an affordable solution. With Flou, you can draft, sign, send, and track your contracts quickly and easily, all in one place.  Click here to try Flou for free today.