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Whenever a musical work is completed, the creator should ensure that it is protected against plagiarism and report the work to SODRAC so that all royalties to which the creator is entitled may be collected. It is also crucial that the creator’s copyright be clearly set out in any reproduction-related contract prior to signing.

If you are a songwriter and/or composer who is a SODRAC member, it is thus essential that a reserve clause be included in any contract you enter into with a third party (e.g. a producer or publisher) in order to protect your copyright. This clause informs the other party to the contract that you are a SODRAC member and that you have already transferred your copyright to SODRAC so that it may manage your copyright on your behalf.

If you are a songwriter and/or composer who is not yet a SODRAC member, but you intend to apply for membership, we advise you to include such a clause in any future contracts so that SODRAC may represent your interests as of your membership date.

In so doing, you will ensure that your contract is free of ambiguities that could have a detrimental effect. In addition, you will ensure that SODRAC has the latitude it needs to collect royalties on your behalf in accordance with the membership agreement you signed.

Procedure

Simply forward the reserve clause (see below) to your co-signer and request that it be included in the contract without modification, explaining that the clause was drafted with a view to being used on an “as is” basis, i.e., without having to amend the contract. However, if the clause is subsequently modified, you are advised to contact our Member Services Department to determine what effect, if any, this change may have on your rights.

By taking this simple step, you will ensure that SODRAC can better represent your interests with the users of your audio/audiovisual works.

For further information, please email our Member Services Department or call (514) 845-3268, ext. 240.

Reserve clause to be included in your contract

Please ask your co-signer to include the following text in its entirety in any contract, replacing the text in blue with the names of the parties concerned.

«Notwithstanding any provisions to the contrary, any rights herein assigned or licensed to (name of third party) shall be subject to the agreements that have already been entered into by (your name) or that may subsequently be entered into with collective societies administering performance or reproduction rights (including SOCAN, SODRAC or any sister societies worldwide). Consequently, under no circumstances shall (name of third party) modify or decrease (your name)’s share of the royalties collected by said collective societies. In addition, (name of third party) shall communicate the substance of this provision to all subsequent users.»
  
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