Maori Publishing Agreement
Maori Publishing Agreement
1. The Artist / Composer grants to the Publisher the right to collect royalties as
generated by radio play, gigs, public performances and any other royalty
collectable via PRS For Music and other PRO’s as well as Mechanical royalties
via MCPS, for their submitted titles.
Where deemed necessary, the Publisher has the right to engage Sub-
Publishers relevant to the recovery of foreign earnings.
2. The Artist / Composer hereby warrants that the songs are new and original
songs which are not currently assigned to any other publisher, collection
agency or copyright administration company and do not infringe the
copyright in any other song.
The Artist / Composer hereby indemnifies the Publisher from and against
all costs, claims, demands, proceedings and damages howsoever arising
of any breach of this warranty.
The Artist / Composer confirms that he / she has the authority to enter into
Agreement with the Publisher and that all song titles submitted for
publishing are genuine songs performed and / or written by the Artist /
Composer or the Artist / Composer and another or all other members of the
Act he / she represents, and that any gig, airplay, performance or
mechanical claim details subsequently submitted for royalty collection are
genuine and accurate.
3. The Publisher will credit the Artist / Composer with 80% of all royalties
received from PRS For Music / MCPS by payment via their chosen
payment method.
The Publisher will retain 20% of all royalties as an administration /
processing fee.
For PPL / Neighbouring Rights Royalties and where songs are
administered through a Sub-Publisher, the Publisher will credit the
Artist / Composer with 50% of all royalties received.
The minimum accountable value is one penny.
If the Artist / Composer is not a member of the Performing Right
Society or other Performing Rights Organisation (PRO) during the
Term of this Agreement, any performing rights in Works shall be
deemed to be licensed to the Publisher so that the Publisher shall
be the Administrator and Owner of the said rights during the Term
and shall be empowered in turn to assign the said rights to PRS For
Music.
4. In the event of the Artist / Composer not being a member of any PRO or PPL
then the Publisher will receive all royalties and pay them out to the Artist /
Composer in accordance with this Agreement.
If the Artist / Composer is a member of a PRO they will receive their full share
of the writer’s royalties and the agreed residual amount from the Publisher’s
royalties, (totalling 80% of all amounts due), direct from their PRO.
If the Artist / Composer is a member of PPL they will receive their full PPL
royalties direct from PPL.
5. The Artist / Composer understands they are able to give one month’s notice at
any time after a minimum period of twelve months has elapsed, in most
circumstances, to request termination of this Agreement.
7. The Publisher will have no other rights in the recordings other than the right to place
them into a Synchronisation deal (including distributed Compilation / Solo Album
placements), these rights being non-exclusive, meaning the Artist / Composer may also
submit recordings to other companies for Sync Promotion on a similar non-exclusive
basis.
NOTE : If placement of tracks on a distributed Compilation / Solo Album is secured then
such track placements may remain in distribution in perpetuity and are not subject to
any takedowns.
8. This Agreement incorporates, includes and has reference to the Full Terms and
Conditions as shown below (Expanded Terms & Conditions).
The rights granted to the LICENSEE do not permit the LICENSEE to:-
Claim authorship of the music represented under this AGREEMENT;
Transfer, share or sub-lease this license agreement with any other party;
Copy or duplicate the Work except for use in the LICENSEE'S authorised
productions.
TERRITORY
The territory of this contract is the entire Universe.
FEES
The LICENSEE will not owe any future additional royalties or fees to the LICENSOR for
future use of the Work within the terms of this AGREEMENT.
Publishers Obligations
The Publisher shall to the best of their ability ensure the collection promptly and in full of all
earnings in respect of the Compositions and to maximise the income due to the Artist /
Composer from the exploitation of the Compositions.
The Publisher shall ensure that the Compositions are notified to all relevant royalty collecting
and licensing societies in the UK and will endeavour to exploit the Compositions wherever
possible by such means as requested by the Artist / Composer including, but not limited to,
Synchronisation uses.
Synchronisational Usages / Album Placements
Tracks purchased, provided or selected by The Publisher for Synchronisational usages are
subject to the terms of a standard Sync + Master Recording Licence.
Grant of Rights - The Artist / Composer grants to The Publisher a perpetual, irrevocable,
non-exclusive right to represent, market, sublicense and distribute to clients on a Worldwide
basis their music for all types of commercial and consumer uses, for the financial benefit of
the Artist / Composer, including but not limited to TV Shows, Films, Commercials, Games,
Multimedia Projects, distributed Compilation / Solo Album placements (Themed or
Otherwise), Theatrical Productions, Background Music Systems, direct-licensed Commercial
Music Services (also known variously as environmental music, or in-store music), ringtones
and digital downloads.
NOTE : All tracks on distributed Compilation / Solo Albums (Themed or Otherwise) may
remain so in perpetuity and are not subject to any takedown requests.
INCOME EXAMPLES
Performance Income
Monies, fees and royalties arising out of the administration of the rights vested in the
Performing Right Society Limited (PRS For Music) and its affiliated societies for collection of
performance in respect of the Compositions (including without limitation those monies arising
from the performance or broadcasting of the Compositions) are referred to in this Agreement
as Performance Income and are collected by PRS For Music and paid direct to its members
in accordance with the rules laid down by that Society.
It is agreed that the Publisher shall collect this Performance Income in respect of each
Composition.
The Publisher will credit the Artist / Composer with 80% of all royalties received from PRS
For Music / MCPS by payment via their chosen payment method.
The minimum accountable value is one penny.
The Publisher will retain 20% of royalties as an administration / processing fee.
All due royalties will be sent to the first-named composer (the point of contact) in the case of
multiple non-PRO member songwriters.
If the Artist / Composer is working through a Management / Label and an appropriate signed
Contract / Agreement is in place to allow the Manager / Label to administer publishing
returns on their behalf, then all accounting may be via the Manager / Label.
If the Artist / Composer is not a direct member of any PRO (i.e. PRS / ASCAP / BMI /
SOCAN etc), we will receive their royalties and pay them out to them.
If the Artist / Composer is a direct member of any PRO their membership details will have
been added to the registrations we make for their songs, meaning that they will receive their
full writers share of royalties PLUS a percentage of the publishers share (totalling 80% of
gross amounts due) directly from their PRO.
(No additional amounts will be sent from the Publisher, they will receive everything due to
them directly).
The Artist / Composer will retain all rights pertaining to their own Writer-Membership of PRS
For Music and/or all other PRO's.
Mechanical Income
The Publisher will recover 100% of all Mechanical Income distributed by the Mechanical
Copyright Protection Society (MCPS) and shall then pay the Artist / Composer the full
amount recovered allowing for MCPS' variable administrative charges after a deduction of a
20% administration fee (the Mechanical Fee).
The minimum accountable value is one penny.
At the Publishers discretion they will opt to pay any due MCPS AP2 Invoice for clients based
in the UK who are engaged in releasing their own songs currently or previously on their own
DIY Label/s, but in this event would retain all subsequent amounts received back from the
MCPS (nett of MCPS Commissions).
If this service is extended to an Indie Label then, similarly, The Publisher would retain all
subsequent amounts received back from the MCPS (nett of MCPS Commissions).
On all other occasions, Mechanical Royalties would be payable by the Label concerned in
accordance with MCPS guidelines and practices.
The Artist / Composer will retain all rights pertaining to their own Membership of the MCPS
and / or any other Mechanical Rights Organisations.
Reconciliation Income
The Publisher will recover 100% of all Reconciliation Income distributed by the PRS and
MCPS and shall then pay the Artist / Composer the full amount recovered allowing for PRS /
MCPS administrative charges and after a deduction of a 20% administration fee.
The minimum accountable value is one penny.
Reconciliation Distributions refer to the royalties paid out by a PRO when there is money left
over at the end of any licencing year and distributed quarterly (approx).
The Artist / Composer will retain all rights pertaining to their own Membership of the PRS /
MCPS and / or any other Performing Rights Organisations / Mechanical Rights
Organisations.
Synchronisation Income
The Publisher has the right to promote any approved Compositions to Production
Companies, Music Supervisors, Synchronisational Agents and the like for use by means of
Synchronisation with any cinematograph film, television film or production, video cassette or
digital disc, commercial or advertisement or for inclusion on distributed Compilation / Solo
Albums etc.
Fees arising from Synchronisation uses are referred to in this Agreement as Sync Fee
Income and are collected by the Publisher in full.
The Publisher shall account to the Artist / Composer sums equal to the full Sync Fee Income
received from the licensee after a deduction of a 20% administration fee (the Sync Fee).
The minimum accountable value is one penny.
Synchronisational Promotion is undertaken on a non-exclusive basis and any
Synchronisation Fee Income negotiated and received by the Artist / Composer
independently of the efforts of the Publisher would remain the Artist / Composer's in their
entirety.
Income Examples
Please see our website FAQS section for more details.
DURATION OF RIGHTS & CANCELLATION OF AGREEMENTS
Duration Of Rights
The Artist / Composer agrees that this Agreement will be effective from a date five years
prior to the receipt of the Agreement, to the benefit of the Composer/s in perpetuity and
forms the basis of our Standard Agreement.
The Compositions shall be administered by the Publisher in perpetuity or until the Artist /
Composer gives the Publisher official notice that he no longer requires the services of the
Publisher by means of a Contract Cancellation Form.
Provided this is no sooner than a minimum period of contracture after initially submitting the
Agreement, then there will be no charge payable by the Artist / Composer.
If you have been granted any of our ADVANCE options, then this will effectively extend the
minimum period of Contracture by twenty four months or until the Advance is recouped,
whichever is the lesser.
Tracks accepted for licenced Sync Promo including placements on distributed Compilation /
Solo Albums (Themed or Otherwise) are considered to remain so in perpetuity and are not
subject to any takedown requests.
We retain the Post-Term Right to collect and retain Net Receipts generated from
exploitations during the Term Of Contracture if authorised and distributed by the PRS /
MCPS or any Foreign Agency.
No further amounts will be paid to any Artist / Composer after cancellation of their contract.
ACCOUNTING PROVISIONS
All royalties are paid to the point of contact for a Band / Act for onward distribution.
International payments will be sent in either the Local Currency, US Dollars or GBP Sterling
as determined by ourselves.
It is the responsibility of the client to ensure that we have correct Banking Details at
all times in order to send all royalties promptly.
Funds that we are unable to send and that remain unclaimed after three months may be
considered to be forfeit.
Mechanical Royalties
The Publisher shall account to the Artist / Composer (UK and International Clients) monthly
in the form of an itemised royalty statement within thirty (30) days of the first of the month for
all sums received to the Artists / Composers account with the Publisher, except for where the
Publisher has previously undertaken to pay any due Mechanical Invoices on behalf of the
Artist / Composer.
The Publisher will forward any payment due to the Artist / Composer with such statement.
The Artist / Composer will not receive a payment or a statement when no royalties have
been collected or if they do not exceed £10.00 for UK Clients or £50.00 for
International Clients (who do not use PayPal), in which case all due royalties will be held
over until they achieve this minimum amount.
The minimum accountable value is one penny.
Payment will be made by either Internet Bank Transfer, Wire Transfer or PayPal
(recommended), as requested by the Artist / Composer, with all attendant charges payable
by the Artist / Composer.
In the event that an Artist / Composer based in the UK has released, or goes on to release,
any physical copies of their music through their own label and this has then become subject
to an MCPS AP2 Manufacturing Invoice (even ones the MCPS may grant retrospectively),
then we will undertake to pay any such Invoice in full (for all titles that the Publisher
administers).
(By doing so, this will automatically extend the period of Contracture by an additional 24
months and negate the Artist / Composer's own share in future Mechanical Income).
If this service is extended to an Indie Label then, similarly, The Publisher would retain all
subsequent amounts received back from the MCPS (nett of MCPS Commissions).
Synchronisation Fees (Where Applicable)
Where the Sync Fee exceeds our minimum distribution threshold, these will be paid out to
the client immediately by the Publisher.
Otherwise, the Publisher shall account to the Artist / Composer quarterly (UK Clients), or bi-
annually (Foreign Clients) within our usual distribution statement for performing royalties,
itemising the total numbers of Synchronisational placements and fees (Sync Fees)
attributable to any of the Artists / Composers songs that have been selected for
Synchronisational usage within the preceding accounting period.
The Artist / Composer will not receive a payment or a statement when no Sync Fees have
been collected or if total amounts due do not exceed an amount of GBP 10.00 for UK Clients
or GBP 50.00 for International Clients (who do not use PayPal), in which case all due
amounts will be held over until they achieve this minimum amount.
The minimum accountable value is one penny.
Digital Royalties
The Publisher shall account to the Artist / Composer quarterly for all SoundExchange / Music
Reports returns.
The Artist / Composer will not receive a payment or a statement when no Digital Royalties
have been collected or if total amounts due do not exceed an amount of GBP 10.00 for UK
Clients or GBP 50.00 for International Clients (who do not use PayPal), in which case all
due amounts will be held over until they achieve this minimum amount.
The minimum accountable value is one penny.
Unpaid Royalties
It is the absolute responsibility of all Artists / Composers to ensure that the Publisher is
notified promptly of any change to their Email, Postal Address, Banking or PayPal details.
If the Publisher becomes aware that they are unable to pay out any due royalties, all efforts
will be made by them to contact the Artist / Composer to resolve the issue. If the Publisher
has been unable to receive any response from the Artist / Composer within one month
following the distribution, all current royalties will be considered to be null and void.
No royalties will be rolled over to the following quarter in any eventuality.
PAYMENT ADMINISTRATION
All payments are made directly to the Artist / Composer by their specified means of funds
transfer in either their Local Currency, US Dollar (International Clients) or Pounds Sterling as
determined by ourselves.
When dealing with DUOS / BANDS, we will send all royalties to just one point of contact for
onward distribution amongst all listed songwriters.
Where matters are handled by the Publisher on a BAND / DUO or LABEL / MANAGEMENT
COMPANY basis, all monies will be sent to the initially named point of contact within the
BAND / DUO or LABEL / MANAGEMENT COMPANY for onward distribution as is deemed
appropriate by them.
The only exception to this would be:-
If any of the co-composers are writer-members of a Performing Rights Organisation (such as
PRS, BMI, ASCAP, SOCAN etc), in which case the amalgamated Composers and
Publishers royalties due to those co-composers are sent to them directly via their PRO.
All International Payments will be subject to Bank Of England currency exchange rates and
Banking Charges in proportion to the value of the transaction, set by the handling agent and
deducted from the gross amount/s transmitted.
Payments direct from International PRO's will be made in accordance with their standard
arrangements for doing so.
DISPUTE RESOLUTION
If you have any general or specific cause for complaint regarding the quality of our services
or performance, in the first instance please detail your grievance/s in an email or letter and
we will respond within 48 hours.
In the event of any dispute as to the sums due to the Artist / Composer pursuant to any
accounting period within the preceding year, the Artist may appoint a recognised Chartered
or Certified Accountant to examine the books and records of the Publisher no more than
once in any calendar year.
The Artist / Composer shall give notice in writing of intent to audit within thirty (30) days of
said notice.
The Publisher will co-operate with any such Accountant conducting such audit and make
available copy documentation as may be reasonably required at an arranged appointment.
In the event of any such audit where the Auditor is not engaged on a contingency or
conditional fee or other speculative basis correctly revealing an under payment in excess of
Ten Per Cent (10%) of the monies due to the Artist / Composer or Five Hundred Pounds
Sterling (GBP 500) whichever is greater, the Publisher will pay the Artists / Composers
reasonable costs of audit (not to include travel, accommodation or subsistence costs)
together with the outstanding sum and interest thereon at one per cent (1%) above the
Publisher's Bankers published base rate from time to time calculated from the date of due
payment to the date of actual payment thereof.
No contract cancellation request can be actioned if there is an ongoing dispute between the
Artist / Composer and the Publisher.
MISCELLANEOUS / LEGAL
General
In England / Wales the legal age for Contracts is the age of majority (18) and we regret that
we cannot consider any applications for publishing administration for anyone below this age.
All notices which either party shall deliver to the other shall be sent by pre-paid letter post
using the address provided on the Agreement or scanned / sent by electronic mail to the
notified e-mail address.
All such notices shall be deemed served at the date three (3) days after the date of said
mailing or
upon actual receipt by the addressee whichever is earlier.
Nothing in our Agreement shall be construed so as to imply a partnership between the
parties.
The Agreement contains all of the terms agreed between the parties herewith.
A person who is not a party to the Agreement shall have no rights under the Contract (Rights
of Third
Parties) Act 1999 to enforce any term of the Agreement.
The Clause headings do not form part of and shall not be read into the construction of the
Agreement.
The Agreement shall be governed and construed in accordance with English Law and the
English
Courts shall be the Courts of sole jurisdiction.
You are advised to consider taking independent advice on any aspect included herein before
entering into any Agreement with us, if you so wish.
The client warrants that they will ensure the Publisher is kept up to date with changes of
address, email address and Banking Information at their own risk of loss or delay to any
royalty payments etc.
Offer new clients an immediate CASH ADVANCE against all licensed UK Gig / Event
or Residency claims for over TWENTY performances in any single claim, valued at
75% or GBP 100 (whichever is the greater) based on our estimated value of the
claim.
The minimum period of Contracture would be an additional 24 months or until the
cost of advance is recouped, whichever is the lesser.
OPTION 02. Live Performance Cash Advances
All UK live Gig / Event Claims take around six months to process.
In order to allow clients to benefit from such claims more promptly, we can offer established
clients who have been with us for at least ONE year the option to take an immediate CASH
ADVANCE against all licensed UK Gig / Event or Residency claims for over TEN
performances in any single claim, valued at 50% of our estimated value of the claim.
The total amount advanced will be subject to a 10% administrative charge, (or a minimum
charge of just GBP 10.00), to be repaid in accordance with our standard procedures.
The minimum period of Contracture would be an additional 24 months from the date of the
Advance or until the cost of any such advance is recouped, whichever is the lesser.
The minimum live performance advance for any Band / Act is GBP 20.
The maximum cumulative live performance advance for any Band / Act is GBP 500.
Royalties can vary depending on performance duration and Headline / Support status.
You must not have any titles published elsewhere.
We regret that this option is not available to PRO-member clients.
Nominal Values
The nominal values of our advance options are:-
New Client Cash Advance : GBP 100.00 or 75% of the calculated value of the
claim/s
Live Performance Cash Advance : 50% of the calculated value of the claim/s
Further Advance : Variable, as requested by client and agreed by Publisher
Early Repayments
All forms of advance may be repaid at any time upon request by the client at a cost of the full
amount of advance including administrative charge still outstanding plus a 10% early
repayment charge based on the initially advanced amount.
If a client wishes to cancel their Contract with us, all outstanding advance amounts will
become immediately due for payment before we can action any cancellation request/s.
Additional Terms