Gilian Maddux

Publishing Deal Memo

Legal Issues in Music Industry
Dr.Nepkie

Exclusive Term Songwriter Agreement

I will be representing the Publisher (Funky Turtle Publishing). The Songwriter and Recording
Artist is Sugarglider.

Term:
The term of this agreement will begin today and stay valid for the next three years. Within this
term Sugarglider must provide 8 original tracks and release them commercially. Funky Turtle
Publishing will offer a 2-year option term. If Sugarglider is unsatisfied they may leave. i
Territory:
This is not a sub-publishing deal, therefore the territory will stay in the United States. ii
Type of Agreement:
This is a co-publishing agreement. The publisher and in this case writers, will split the income
50/50. Funky Turtle Publishing will hold partial ownership for the full term. iii
Scope and Compositions:
This contract will cover new compositions that support Sugargliders three year recording
agreement. This will occur because Sugargliders composers are co-publishers with Funky Turtle
Publishing. This agreement will not cover Sugargliders most recent release of their EP, Glow in
the Dark. The EP was produced independently.
Exclusivity:
During the term of this contract and any additional terms, Sugarglider will not work with any
other publisher other than Funky Turtle Publishing. As soon as their term has run out, they may
work with other publishers or renew their contract with Funky Turtle Publishing. Funky Turtle
Publishing will also maintain the right to discard any material deemed Not commercially viable
within a 30-day delivery period of the material. Any composition that is discarded will be given
back to Sugarglider and they will regain full custody of the copyrighted material. iv

Grant of Rights:
Sugarglider will assign 100% of ownership to Funky Turtle Publishing, as long as both writers
can agree upon that. If one writer agrees to give up ownership, Funky Turtle Publishing will only
receive their share of the copyright. Unless an additional fee is guaranteed, all music written
before the contract is owned by Sugarglider. After this term and optional terms copyrights will
revert after 12 years. v
Creative Control:
Creative control will be given to Funky Turtles Publishing. All limitations and approvals for use
of a song will be left to Funky Turtles Publishing, but both songwriters/artists will be taken into
consideration when making decisions.
Minimum Delivery and Release Commitment:
In association with Sugargliders recording contract we will hold Sugarglider to a minimum of 3
LPs at the delivery rate of 1 per year. vi
Advances:
Funky Turtle Publishing will be paying Sugarglider a 10,000 dollar advance based on the prior
years sale of their EP. They sold over 5,000 copies of their EP in 2014. vii
Royalties and Royalty Splits:
Sugarglider will collect 50% of their performance royalties directly from ASCAP. The other 50%
will be given to Funky Turtles Publishing. Sugarglider shall also receive 50% of any and all gross
sums collected through the funds of the Synchronization Rights. Funky Turtle Publishing will
then split the net royalties with Sugarglider. Sugarglider will collect 10% of the wholesale price
for all print based royalties. We will distribute their cut after collecting all of the royalties. The
mechanical rate will remain constant at of the current statutory rate, which is 9.1 cents per
song. viii
Recoupable Costs:
Sugarglider must recoup their 10,000 dollar advance before term is up. ix
Administrative Rights:
Funky Turtle Publishing will hold any and all administrative rights during this term and any
optional terms, as they know what is best for Sugarglider and their business. x

Halloran Mark, Musicians Business and Legal Guide, page 157

ii

Halloran Mark, Musicians Business and Legal Guide, page 146

iii

Halloran Mark, Musicians Business and Legal Guide, pages 147-148

iv

Halloran Mark, Musicians Business and Legal Guide, page 163

Halloran Mark, Musicians Business and Legal Guide, pages 158-163

vi

Halloran Mark, Musicians Business and Legal Guide, pages 300-302

vii

Halloran Mark, Musicians Business and Legal Guide, pages 164-165

viii

Halloran Mark, Musicians Business and Legal Guide, pages 165-167

ix

Halloran Mark, Musicians Business and Legal Guide, page 164

Halloran Mark, Musicians Business and Legal Guide, page 228