Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceFeaturesCopyrightsEntertainment and Sports LawLitigation

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

By Stan Soocher
February 01, 2023

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." The AA further stated AMP "must notify you [i.e., Schneider] and obtain your prior written approval for any license we grant on your behalf." After AMP assigned "all its duties" under the AA to its affiliated company Modern Works Music Publishing (MWP), MWP in 2014 entered into a blanket publishing licensing agreement (PLA) that gave YouTube the right to use Schneider's compositions.

Schneider later sued YouTube in the U.S. District Court for the Northern District of California for copyright infringement claiming, according to the court, "that she was not aware of YouTube royalties or even the PLA before this lawsuit, and that she never approved licensing her works to YouTube." Schneider v. YouTune LLC, 20-cv-04423.

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The DOJ's Corporate Enforcement Policy: One Year Later Image

The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.

Use of Deferred Prosecution Agreements In White Collar Investigations Image

This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.

The DOJ's New Parameters for Evaluating Corporate Compliance Programs Image

The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.

Compliance Officers: Recent Regulatory Guidance and Enforcement Actions and Mitigating the Risk of Personal Liability Image

This article explores legal developments over the past year that may impact compliance officer personal liability.

Bankruptcy Sales: Finding a Diamond In the Rough Image

There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.