208 !!Chapter 11
Writer/Publisher Agreement
The following is an example of an agreement between composers and
publishers when sampled tracks are used as background tracks containing
new melodies and/or hip-hop lyrics that are performed over the sampled
track. This example of a sample breakdown agreement is used for some
video games.
The original title of the sampled song is changed to a new title, thereby
creating a new song. The percentages of ownership are stated within a
new agreement.
New Composition: [name of new song title]
Timing:
Artist: [name of artist]
Songwriter$1: 50 percent
Songwriter$2: 25 percent
Songwriter$3: 25 percent
Name of publisher$1 (ASCAP): 50 percent
Name of publisher$2 (BMI): 50 percent
The new song is sampled from: [name of original song]In witness whereof the parties have entered into this Agreement the day
and year (add day and year).
[name of game publisher]
[signatures of all writers and publishers]The Agreement is registered as a new composition with the publishers as
well as with the performing-rights organizations (e.g., ASCAP, BMI, and
SESAC in the United States and with the equivalent foreign publishers and
performing-rights organizations).
AFM (American Federation of Musicians of the United States
and Canada)
Because conditions may vary with individual companies and video game
projects, the composer and/or contractor should consult with the AFM
before comprising a budget or proceeding with a video game recording
session in the United States. (These agreements may be used throughout
the United States and Canada and are generally considered a one-off, or a
single, engagement agreement.) The AFM currently offers the following
video game agreements:
- AFM Experimental Video Game Agreement—Option 1
- AFM Experimental Video Game Agreement—Option 2
- AFM Combined-Use Video Game Agreement