(a) You are a Copyright Owner who owns or controls certain musical works and/or sound recordings (“Represented Songs”) that you agree to be exclusively represented by GROUP SPEED in accordance with the terms and conditions of this Agreement. For the purpose of this agreement, Represented Songs are those musical works which have been distributed within the GroupSpeed artist account (“Distributed Catalogue”), unless opted-out under the provisions in clause 6. You acknowledge the Distributed Catalogue is bound by general Terms of Service and Privacy Policy at https://www.groupspeed.com/legal/terms-of-service.
The sync agreement is exclusive and lasts for 12 months, automatically rolling over for subsequent 12-month periods unless terminated as per the terms below. Pursuant to clause 6, you can terminate this agreement at any time with 30 days' notice.
Worldwide on an exclusive basis.
a. You hereby appoint Groupspeed on an exclusive basis to act on behalf of the Represented Songs for the purpose of securing commercial placement and synchronization in film, television, and any other media now known or yet to be invented (“Activities”).
b. The Represented Songs subject to this Agreement are those sound recordings and/or musical works owned or controlled by you in the Distributed Catalogue. Any further musical works and/or sound recordings can be added to this Agreement by submission and approval in writing or distributing the musical work via Groupspeed.
c. To effect our appointment, you grant us the exclusive right to use the relevant musical compositions and lyrics written by you for the Activities, subject to your assignment of rights to your affiliated PRO Performing Rights Association (e.g., APRA) or an affiliated performing rights society.
a. We shall use our reasonable endeavors to commercially exploit, synchronize, and place the Represented Songs on your behalf.
b. We shall have the exclusive right to negotiate (in conjunction with an elected legal advisor if required) all contracts and arrangements for you in respect of the Activities but shall not enter into any contracts for you without your approval:
Notwithstanding the foregoing, your consent shall be deemed given in the following cases:
c. Represented Songs included in GROUP SPEED's pre-approved libraries may be licensed without additional approval from the Writer, provided the licensing terms adhere to pre-approved guidelines. Such licenses may include catalogue-wide blanket licensing agreements with third parties for synchronization process.
d. Where GROUP SPEED successfully places a Represented Song, and where the composers/writers are unpublished, you agree to allow Digital Music Publishing Pty Ltd T/A GROUP SPEED to be registered as the publisher of the Represented Song with the artist’s affiliated PRO for administrative purposes.
a. Where Groupspeed is successful in placing a Represented Song (pursuant to clause 3 above), we will negotiate and receive an appropriate license fee for its use (“Fee”). GroupSpeed shall charge a commission based on the amount of the Fee as follows:
b. If the Artist independently secures a placement for a Represented Song (meaning you initiated and facilitated license negotiations with the licensor) and requests GroupSpeed to assist with administrative tasks, GroupSpeed will charge a 20% administrative fee from the total Fee. This fee covers services such as contract review, negotiation, invoicing, payment collection, and royalty distribution. The remaining Fee will be paid to the Artist within 30 days of GroupSpeed’s receipt of a valid Tax Invoice.
c. In the event that a songwriter(s) of the Represented Song(s) has an exclusive publishing agreement, GroupSpeed’s share of the Fee will only be on the master side plus any songwriter(s) that are unpublished.
a. The Artist may terminate the agreement at any time via written notice to sync@groupspeed.co. Upon receipt of the termination notice, all Represented Songs will be removed within 30 days.
b. The Artist may remove/opt-out individual songs from the Represented Songs catalogue at any time via written notice to sync@groupspeed.co.
c. A 12-month Retention Period follows termination, during which GroupSpeed may continue to secure licenses for the Represented Songs that were already in pitch before the termination notice. During this period, GroupSpeed shall be entitled to its share of any fees or royalties generated from these licenses.
a. The artist/songwriter warrants that, with the exception of prior rights vested in music collection societies (e.g. BMI, ASCAP, PRS), it has all rights necessary to enter into this agreement, including ownership and/or controlling rights in the composition(s)/sound recording(s) and clearances for any third-party material incorporated in the composition(s)/sound recording(s), and that the use thereof will not infringe upon the rights of any third parties.
b. The artist indemnifies Groupspeed against any and all liabilities, claims, damages, penalties, and expenses, including reasonable legal fees and court costs associated with any claim, demand, or action arising out of any breach of this agreement (including the warranties made by the artist hereunder). The indemnity in this agreement is a continuing obligation and will survive the termination of this agreement.
a. Groupspeed’s efforts include speculative pitching and marketing, and we are not liable if placements are not secured.
b. This agreement does not affect the songwriter’s pre-existing rights to income from sales and public performance.
c. Licenses negotiated by Groupspeed during the term may survive the agreement’s expiration.
d. The artist/songwriter indemnifies Groupspeed against any breaches.
e. The agreement encourages seeking independent legal advice and is governed by the laws of Queensland, Australia.