Warranties
10.0 Warranties
Publishing contracts generally contain a number of warranties on the part of the writer. Perhaps the most significant of these is the warranty to the effect that all of the compositions will be original and will not infringe the rights of any third party. There is an increasing number of copyright disputes. Many of the disputes arise from the current fashion for “sampling” so that if a singer songwriter wishes to incorporate a sample of any kind into a recording it is vital that he or she immediately seeks advice and ensures that any necessary clearances are obtained. Given the risk of copyright disputes it may be prudent for a writer to enter into any publishing contract through a limited company so that by virtue of an employment agreement of some kind the writer assigns to his or her company the copyright in his or her songs. If disaster does occur he or she will at least be protected from personal bankruptcy. The writer should also consider taking out insurance against copyright claims.