2.0 The Minimum Commitment

2.1 Delivery or Release?

In the case of an ordinary songwriter (as opposed to a singer songwriter) the publisher may simply require a minimum number of songs to be completed and delivered. Nevertheless, if substantial advances are paid then notwithstanding the absence of a recording contract the minimum commitment may be expressed in terms of a minimum number of songs which must be commercially released. Certainly in the case of a singer songwriter the publisher will require a minimum number of songs to be released on record (and for this purpose the songs will often only qualify if they have been released by a major record company).

2.2 Extent of the Commitment

It is important that the minimum commitment is realistic, i.e. achievable. For example, in the case of a singer songwriter who co-writes all of his or her material and usually includes on each album one or two songs written by other writers the commitment should be for say 40% of an album (leaving room for him or her to write 50% of eight out of every ten songs). Sometimes the publisher may insist that the minimum commitment is only met when the minimum number of songs has been released by a major record company not only in the UK but perhaps also in one or more other specified overseas territories. Before agreeing to provisions of this nature the writer should review the record contract and assess the likelihood of his or her being able to comply with the commitment within a reasonable period.

2.3 Failure to Comply

If the commitment is not met then the extension provisions will apply. Also, the publisher may seek to reduce the writer’s advance if the commitment is not met in full. For example, the contract may specify that the writer must procure the release of an album which has been written by the writer as to at least 90%. However, the contract may be structured so that the commitment will be deemed to have been met provided at least 50% of the album has been written by the writer (i.e. so that the extension provisions no longer apply) but so that the advance is reduced, i.e. if 50% of the album qualifies then five ninths of the advance would be paid and if say 70% of the album qualifies then seven ninths of the advance would be paid.