1.0 The Term

1.1 Contract Periods

Most contracts will run for a period of twelve months but then the publisher will have a number of options to extend for a number of further successive periods of twelve months. Typically, the publisher will require two or three options so that the agreement runs for a total of three or four contract periods.

1.2 Extensions

If the publisher is prepared to pay an advance (and without this there would usually be little incentive to sign a long term publishing deal) then, quite reasonably, the publisher will expect a minimum commitment of some kind from the writer (see paragraph 2.0 below). Each contract period will therefore be extended if necessary until a given period after the commitment has been met. The contract will usually enable the publisher to extend the relevant contract period until say three months after the commitment has been met (in order to give the publisher sufficient time to assess the position before deciding whether or not it wishes to exercise its option to continue into the next contract period). In order to avoid restraint of trade problems most publishers are advised to put a limit on the period of extension of perhaps two or three years. In the case of a four year deal, therefore, if there is a maximum period of extension of two years then each contract period will run for a maximum of three years so that theoretically the contract might run for a maximum of twelve years.

1.3 Exclusivity

A publishing contract will invariably be exclusive so that the publisher will be entitled to all of the songs written and composed by the writer during the term of the contract. In addition, the publisher will expect to acquire any existing material (unless, of course, rights in that material have already been granted to another publisher). Sometimes, in order to prevent a writer holding back songs towards the end of the term of the contract, the publisher may insist that the contract also extends to any songs commenced during the term but only completed subsequently.