I am Suzy Cohen and I am representing the publisher in their deal with the songwriter.

Term
The term is agreed to be for three (3) years with an option for a one (1) year extension. The songwriter
will produce the minimum of five compositions within the first term, then a minimum of one for each
of the extensions. 1
Territory
The deal will be valid within the borders of the United States and territories, as well as the internet. 2
Type of Agreement
This exclusive songwriting deal will include compositions completed before the date of signing. The
publisher retains the right to reject songs deemed to be not commercially viable. All copyrights of
compositions finished after signing will belong to the publisher. The copyrights will remain with the
publisher for the life of the copyright. In the event that the songwriter has recouped the advances paid
to them by the publisher and the publisher has not secured a cover recording of the compositions after
15 days following the expiration of the first term (consideration time for parties to determine whether
or not the option will be taken), the copyright will revert back to the songwriter. 3
Exclusivity
The songwriter will only write songs exclusively for the publisher and the publisher will decide if the
songs are capable of being commercially successful. If the publisher rejects a composition, the
songwriter will be notified within 30 to 60 days after delivery and the composition will be returned.
The songwriter will retain the copyrights to those rejected songs. 4
Advances
The songwriter will receive $50,000 as per the initial term, and then a $5,000 increase in the first
option extension. If a song reaches the top 20 in Billboard's record sales charts, there is a possibility of
a $6,000 bonus. The increases are the same for the second option extension. Advances will be paid after
the publisher receives the the promised songs. 5
1
2
3
4
5

The Musicians Business and Legal Guide, 2008, pages 157-158

The Musicians Business and Legal Guide, 2008, page 158
The Musicians Business and Legal Guide, 2008, page 170
The Musicians Business and Legal Guide, 2008, pages 158-159, 163
The Musicians Business and Legal Guide, 2008, page 167

Royalties and Royalty Splits

The net income from songs produced by the songwriter will be split between the songwriter and the
publisher, where the writer receives 10% of the net income and the publisher receives 90%. The income
from mechanical rights, film synchronization, streaming, permanent downloads, satellite radio, video
games, and cell phone rings are included in this (earnings are 10% from each avenue of income). BMI
will distribute earnings from live performances. The mechanical rate that the publisher is willing to pay
is 6.07 per original song and 1.75 per original song over 5 minutes. All performance royalties will
come from the songwriter's performance rights society of choice and the songwriter will have no claim
against the publisher for these monies. The publisher and future sub-publishers will split royalties as
75% and 25% respectively. 6
Creative Control
The songwriter will have full creative rights when writing their compositions. The songwriter does not
want their works to be used in films, commercials, or advertisements of R, NC-17, or X rated films.
The songwriter will decide on song changes for covers on an as-needed basis. Unless the songwriter
has a legitimate, genuine problem, compositions will be freely licensed. The songwriter retains their
right to first use for all compositions. 7

6 The Musicians Business and Legal Guide, 2008, page 166

7 Overscale Creative Rights http://www.wga.org/subpage_writersresources.aspx?id=81#1, Date viewed 3-29-2015