Conditions générales - Conditions particulières artistes - Conditions particulières producteurs

Publishing contract


Between the undersigned :

Composer(s) :

Mr………..:

&

Author(s):

Mr……….. : 

hereinafter referred to as the rights holder, on one hand ; 


And the publisher :

S.P.R.L.Yakapublishing
Company number: being set up 
88, Rue Gachard, 
1050 Bruxelles Belgique 

hereinafter referred to as the publisher, on the other hand; ; 


The following has been agreed 

  1. The  rights holder transfers the publication rights to the publisher, who accepts. These publication rights are in respect of manufacturing or having manufactured copies of the following unpublished works (words and the compositions attached to them) either graphically or on a sound recording medium, world wide and for the protection period time of the author's rights.

    1._______________________________________________________

    2._______________________________________________________

    3._______________________________________________________

    4._______________________________________________________

    5._______________________________________________________

    6._______________________________________________________

  2. Within 12 months of receiving the mastered works, the publisher undertakes to reproduce the works on a sound recording medium.

  3. The rights holders declare that the works transferred are original and guarantee the publisher against any third party claims in this respect.
  4. They undertake to give the publisher the complete manuscript of the works at the latest 15 days after the contract has been signed. 
    The rights holders retain the right to claim paternity of their work and may oppose any changes to it that may prejudice their honour or their reputation. 

  5. The rights will be divided as follows:
  6. A. Public performance rights

    B. Mechanical reproduction rights

    In accordance with SABAM regulatory guidelines

    According to SABAM distribution guidelines

    Publisher: 12/24
    Author(s): 6/24
    Composer(s): 6/24

    Publisher: 50%
    Author(s): 25%
    Composer(s): 25%


  7. The publisher may transfer its share to a subcontracted publisher without the consent of the rights holders.

    The work will in any case remain under the administration of a corresponding collective management organisation in the country or countries concerned. In Belgium, the collective management organisation is the SABAM.
    The copyright will be taken, if need be, in the name of the rights holders in the United States as well as in other countries requiring protection formalities and will be registered at the publisher’s expense and due diligence. 

  8. The property rights holders authorise the publisher to collect their publisher’s share as soon as a commercialised sound recording medium, or printed format, proving publication has been lodged with SABAM.
    1. With the consent of the rights holders and during the period of the contract, the publisher or the subcontracted publisher has the right to have the work arranged or have the text translated into any language
    2. With the consent of the rights holders, the publisher grants permission for subsidiary adaptations (real tunes etc) or advertising and cinematographic uses (synchronisation rights) on the work

      The revenue resulting from these adaptations or uses will be shared in accordance with the distribution guidelines outlined in article 4.

    3. The publisher will report this revenue to the rights holders at least twice per year (at least every 6 months).

  9. Should one of the contracting parties not fulfil all or part of the undertakings provided for in the present contract, the other contracting party may give official notice in a registered letter by post.  

    If six months after this letter has been sent, the defaulting contracting party continues to default, the present contract will be terminated as of right.
     
  10. The present contract is subject to Belgian law.
    Any dispute relating to its interpretation or execution will be dealt with in accordance with Belgian law. 
    In the event of a challenge to or failure to observe the conditions stipulated in the present contract, the parties state that they accept the competence of the courts located in the place that the present contract was signed.  


Completed in good faith with as many originals as parties

Brussels, date ……. 



The publisher
S.P.R.L Yakapublishing
Represented by ………
The intellectual rights holders:
Composer(s): ...
Author(s): ...