15.0 Termination Dates

The writer should monitor any relevant dates. For example, the writer should be aware of the last date upon which the publisher is entitled to exercise any option. The writer may wish to involve his solicitor in monitoring any relevant dates. Often, it is not a simple matter to calculate the option date and the publisher may make a mistake. If the publisher fails to exercise an option properly this will mean that the writer is free of contract (although many publishing agreements now include fail safe provisions whereby if the publisher fails to exercise an option the writer must serve an option warning notice giving the publisher a few more days in which to do so).

The writer must also monitor the expiration date of the retention period. Far too often, writers forget (or perhaps never knew in the first place) when their publishing deals expire. The effect of this is that publishers will generally continue to exploit a catalogue of songs until such time as they are told that they no longer have authority to do so. Unless there are specific provisions dealing with this in the contract the implication will be that the publisher has been allowed to “hold over” on the same terms as before. This may enable a publisher to continue to deduct a substantial commission despite the fact that if the writer were alert to the position he or she may have been able to secure an advance and/or better royalties or perhaps withdraw the songs from the publisher altogether and enter into more cost effective administration arrangements.