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What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?

A question of law arose for a District Judge when a songwriter sued YouTube, claiming she never approved licensing her works to YouTube — whether the administration agreement's notice-and-consent clause was a condition precedent to the administrator's ability to license the songwriter's songs.

5 minute read February 01, 2023 at 12:15 AM
By
Stan Soocher
What Is the Difference Between 'Covenant' and 'Condition Precedent' In Song Administration Agreement?

In 2008, songwriter Maria Schneider signed an administration agreement (AA) that gave the administrator ArtistShare Music Publishing (AMP) the exclusive right to administer her musical compositions, including "to execute" in Schneider's "name any licenses and agreements affecting the Compositions."

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The Copyright Royalty Board (CRB), which works under the umbrella of the Librarian of Congress, sets statutory-license royalty terms and rates. The U.S. Courts of Appeals for the D.C. Circuit recently issued two notable decisions about the CRB.

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