Publishing Agreement meaning

How to use this Checklist This Checklist aims to flag common issues that emerge during the negotiation and drafting of a publishing agreement. For a model publishing agreement, see Precedent: Publishing agreement—pro-publisher. For more detail on matters raised in this Checklist, consult Practice Notes: Assigning intellectual property rights; Licensing intellectual property rights. Where appropriate, this Checklist can also act as the basis of a simple, non-binding heads of terms. For guidance on doing so, see Precedent: Heads of terms—commercial contracts. The third column can be used to capture observations or comments as the Checklist is completed. Checklist schedule for proposed publishing agreement Checklist Further information Notes (if any) Parties Verify each party’s legal status and consider whether any third parties (such as group affiliates) will benefit from the proposed agreement. Commencement, duration and termination Confirm the start or effective date. Determine whether the agreement lasts for the full copyright term in the work or for a...

In this issue: Institutional and ad hoc arbitration International arbitration Other arbitration and ADR-related news and developments New and updated content Useful information Daily and weekly news alerts Institutional and ad hoc arbitration ACICA—consults on revision of ACICA Arbitration Rules The Australian Centre for International Commercial Arbitration (ACICA) has opened a public consultation on updates to the ACICA Arbitration Rules. ACICA is seeking views on topics such as practice notes, artificial intelligence, settlement windows, sustainability, diversity, confidentiality, shifts in party representation, emergency arbitrator provisions, expedited proceedings, joinder, publishing anonymised decisions and awards, and an opt‑in appeals pathway. The revisions aim to reinforce ACICA’s longstanding commitment to a fair, efficient, prompt and cost‑effective arbitral process. Submissions are due by 18 May 2026. See: LNB News 02/04/2026 15. AIAC—Protocol for the Administration of Arbitrations by AIAC pursuant to the UNCITRAL Arbitration Rules published The Asian International Arbitration Centre (AIAC) has issued its Protocol for the Administration of...

In this issue: JCT contracts 2024 Building safety Procurement in construction Arbitration Litigation Planning Infrastructure projects Construction industry news Daily and weekly news alerts New and updated content New Q&As Construction trackers JCT contracts 2024 The JCT Management Building Contract and Construction Management Contract 2024—what’s changed? On 5 March 2024, JCT released the 2024 editions of the Construction Management Contract and Management Building Contract, together with updated Framework Agreement, Dispute Adjudication Board Documentation, Adjudication Agreement, and Project Bank Account Documentation. Our reviews centre on the Management Building Contract and the Construction Management Contract, highlighting how they diverge from the 2016 versions. See News Analysis: The JCT Management Building Contract 2024—what’s changed? and The JCT Construction Management Contract 2024—what’s changed? Building safety MHCLG publishes updated Approved Document B (Fire Safety) MHCLG has issued the updated Approved Document B (Fire Safety), volumes 1 and 2: the 2019 edition incorporating the...

Mergers Commission issues statement of objections in its phase II investigation into UMG/Downtown The Commission has issued its statement of objections to Universal Music Group N.V. (UMG) and Downtown Music Holdings LLC (Downtown) concerning its continuing probe and investigation into UMG’s planned purchase of Downton. UMG, headquartered in the Netherlands, runs businesses spanning wholesale recorded music, music publishing, merchandising and audio‑visual content across multiple markets. Downtown, based in the US, is a rights management and music services company operating internationally. It provides artist and label (A&L) services to third‑party record artists and labels, music publishing services to third‑party authors and songwriters, together with royalty administration and other ancillary services for third‑party artists and labels. On 22 July 2025, the Commission sent the deal to an in‑depth phase II review due to worries that the merger could enable UMG to weaken competition in the wholesale distribution of recorded music within the EEA by obtaining commercially sensitive information from rival record labels, and also in the supply of A&L services across...

Civil investigation of tax fraud HMRC’s stated approach to tax fraud is to favour civil procedures rather than criminal ones wherever appropriate, and where a civil route is suitable it will be pursued. Pursuing criminal enquiries and prosecutions is costly and, as a result, runs counter to HMRC’s revenue‑raising function. Accordingly, criminal action is reserved for instances where it will operate as an effective deterrent or where there are aggravating features, such as involvement in an organised plan. As an alternative to a criminal investigation, where deliberate behaviour has brought about a loss of tax, HMRC may employ its civil investigation of fraud process as set out within Code of Practice 9 (COP9). COP9 operates through the Contractual Disclosure Facility (CDF), which gives the recipient the opportunity to make a full disclosure of their conduct, with HMRC agreeing not to commence a criminal investigation or pursue a prosecution in relation to the conduct disclosed. The COP9 procedure is available where HMRC have reasonable grounds to suspect tax fraud, or...

Confidentiality is often portrayed as a fundamental feature of arbitration and a key reason why parties select it over court litigation. In reality, however, confidentiality is not automatic; it depends on a combination of national laws, judicial decisions and the relevant arbitral rules. It should not be presumed, and parties should consider an express agreement to achieve the level of protection required. For further guidance on confidentiality in arbitration, see the Practice Notes: Arbitration and confidentiality at common law (England and Wales) and Confidentiality in international arbitration. Most leading arbitration rule-sets include confidentiality provisions in some form, so it is essential to identify the applicable terms in each case. This Practice Note highlights the principal confidentiality clauses in those rules, listed alphabetically. Confidentiality and the Abu Dhabi Commercial Conciliation & Arbitration Centre (arbitrateAD) The Abu Dhabi Commercial Conciliation & Arbitration Centre (arbitrateAD) Arbitration Rules provide at article 47 that the discussions and deliberations of the Tribunal, the Court and the Secretariat are confidential...

Contract Where an agreement is entered into by two or more parties, it may include a promise or obligation undertaken by two or more of them. Any such promise may be: joint several joint and several Whether an undertaking in contract is joint, several, or joint and several is a matter of construction, depending on the parties’ intention as revealed by the terms of the contract. For example, in Rhinegold Publishing v Apex Business Development, statutory demands were issued against Rhinegold Ltd and a related company, Tannhauser Ltd, for approximately £22,000 and £31,000 respectively. A settlement agreement followed under which the parties agreed to pay the sums due, but Tannhauser did not fully comply. Although the agreement was silent on liability, the High Court decided that, on a proper reading, the parties were jointly and severally liable. As a result, Rhinegold had to meet the outstanding amount owed by Tannhauser. Joint liability Joint liability arises where two or...

This Agreement is entered into on [ date ] Parties [ Insert name of Publisher ], a company incorporated in [ England ] with registered number [ company number ], whose registered office is at [ address ] (Publisher); and [ Insert name of Writer ] of [ insert address ] (Writer). Background The Writer composes musical works and/or authors lyrics of literary works; The Publisher operates in the field of music publishing throughout the Territory and has, inter alia, facilities for the administration and exploitation of musical works; and The Publisher seeks to obtain, and the Writer agrees to grant to the Publisher, the exclusive right to the Writer’s share of the Compositions, subject to this Agreement. It is agreed as follows: 1 Definitions and Interpretation 1.1 In this Agreement: Accounting Period means each six-monthly period ending on 30 June and 31 December; Advance means all monies...

This Agreement is entered into on [ date ]. Parties [ Proprietor’s name ] of [ insert address ] (the Proprietor); and [ Publisher name ], a company registered in England and Wales with registration number [ insert company number ] and with its registered office at [ insert registered office ] (the Publisher)...