When you create a musical work, you are responsible for declaring it to SODRAC because this declaration serves as the basis for the distribution of your royalties. Additionally, some actions can be taken to establish your property, protect your rights and avoid any litigious use of your work.
The reserve clause is an excellent example of responsible action because it clearly establishes the copyright that you reserve when signing any exploitation contract for the reproduction of your works.
This clause informs your contractor that you fully authorize the operation you have just negotiated but, at the same time, you indicate that any final operator will either have to negotiate or pay royalties to SODRAC (if you are already a member) or will have to do so (at the moment where you will become a member) for any and all reproductions that this user will do.
By adding this clause to your contracts, you will avoid any ambiguity and prejudice that may arise from inaccuracy, and you will ensure that our company can collect all royalties owed to you on your behalf.
How to proceed
All you have to do is insert the reservation clause below into the contract, indicating to your contractor that it has been drafted for the purpose of being used as is, inserting the names of the parties concerned, without having to make changes to the contract.
- “Notwithstanding anything to the contrary, any right assigned or granted to (Name of the Contractor) hereunder is subject to agreements already concluded by (Your name or appellation) or which may be with the collecting societies the right of public performance or reproduction (including SOCAN, SODRAC and their affiliates throughout the world). Therefore, (Name of the contractor) can not, under any circumstances, modify or diminish the right of (Your name or appellation) to its share of the amount collected by the said management company. Also, (Name of the contractor) must remind any subsequent user of this subjection. “
With this simple gesture, you allow SODRAC to maximize royalties from all users of your musical works in audio and audiovisual and / or digital products. If this clause is modified by your contractor, we invite you to contact us to validate the impact on your right.
Want to know more?
Contact our Member Services Department
By email: membres@sodrac.ca
By phone: 514 845-3268, ext. 240