What are the legal requirements for a publishing agreement?

A publishing agreement is a legal document that outlines the terms of an agreement between a publisher and an artist, writer, or composer. In New York, there are certain legal requirements for a publishing agreement in order to be legally binding. First, the agreement must be in writing. All of the terms of the agreement must be outlined and signed by both the publisher and artist. This includes details such as the rights granted to the publisher, the amount payable to the artist, and any other terms related to the agreement. Second, the agreement must state that the publisher has exclusive rights to the work. This means that the artist can not license or give anyone else the right to use the work. The artist is also not allowed to use any of the publisher’s trademarks or trade names in order to associate the work with the publisher. Third, the agreement must state that the publisher has the right to distribute the work and receive payment for it. This means that the publisher has the right to use the work to generate revenue, such as selling copies or streaming it on music streaming services. The artist must also be given a reasonable share of the profits from the work. Finally, the agreement must have a termination clause. This clause states that either party can end the agreement under certain conditions, such as when the license period has ended, or if one of the parties breaches the contract. Overall, these are the legal requirements that need to be met in a publishing agreement in order to be legally binding in New York.

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