Exploitation
9.0 Exploitation
All publishing agreements include a provision to the effect that the publisher must use reasonable endeavours to exploit the songs. However, if the publisher fails to exploit a particular song within a particular period (perhaps prior to two years following the expiration of the term of perhaps a period of two years commencing with delivery of the song in question) then machinery will be available to the writer to require (perhaps after what is know as a “cure” period) all rights in the song in question to be reassigned to the writer (irrespective of the duration of the retention period) so that he may seek to exploit them by other means. The primary reason for the inclusion of provisions of this nature is to protect the publisher from any claim to the effect that the agreement may be unenforceable by reason of constituting an unreasonable restraint of trade (the courts would not be prepared to enforce an agreement under which a publisher is theoretically able to hold a writer to an exclusive contract for a lengthy period but then refuse to exploit his work).