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Exclusive Recording Agreement
1. Parties: Identification of the record company and artist, including legal names and addresses
2. Background: Context of the agreement, artist's status, and general purpose of the contract
3. Definitions: Key terms used throughout the agreement, including Territory, Recordings, Album, Single, etc.
4. Grant of Rights: Scope of rights transferred to the record company, including recording, distribution, and exploitation rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Recording Commitment: Minimum recording obligations, delivery requirements, and technical specifications
7. Recording Process: Details about studio selection, producer appointment, and recording approval process
8. Financial Terms: Royalty rates, advances, recording budgets, and payment terms
9. Accounting and Audit Rights: Royalty accounting procedures, statement frequency, and audit provisions
10. Marketing and Promotion: Obligations regarding promotion, touring, and publicity appearances
11. Warranties and Representations: Artist's guarantees regarding rights ownership and ability to enter agreement
12. Breach and Termination: Conditions for termination and consequences of breach
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Artist Development: Used when dealing with new artists requiring specific development support
2. 360 Rights: Include when the deal extends beyond recording rights to merchandising, publishing, or touring
3. Producer Agreement: Required when the artist is also acting as producer of their recordings
4. Group Provisions: Include when contracting with a band rather than solo artist
5. Synch Rights: Detailed section on synchronization rights when this is a significant focus
6. Digital Distribution: Specific provisions for digital platforms when requiring detailed treatment
7. Minimum Marketing Commitment: Include when artist negotiates specific marketing guarantees
8. Key Person Clause: Used when artist requires ability to terminate if specific label executives leave
1. Schedule 1 - Recording Specifications: Technical requirements for master recordings
2. Schedule 2 - Approved Recording Budget: Detailed recording budget breakdown and parameters
3. Schedule 3 - Royalty Calculations: Detailed royalty rates for different formats and territories
4. Schedule 4 - Delivery Requirements: Specific requirements for delivered recordings and associated materials
5. Schedule 5 - Producer Agreement Template: Standard form producer agreement if applicable
6. Schedule 6 - Permitted Team Members: List of approved producers, engineers, and other key personnel
7. Appendix A - Marketing Plan: Initial marketing strategy and commitments
8. Appendix B - Release Schedule: Planned timeline for recordings and releases
Authors
Artist
Company
Territory
Term
Recording
Master Recording
Album
Single
EP
Delivery
Recording Costs
Advances
Royalties
Net Receipts
Mechanical Royalties
Digital Distribution
Streaming
Download
Physical Product
Marketing Materials
Artwork
Producer
Recording Schedule
Minimum Recording Commitment
Commercial Release
Distribution Channels
Release Date
Recording Period
Contract Period
Option Period
Musical Work
Composition
Publishing Rights
Neighbouring Rights
Performance Rights
Synchronisation Rights
Digital Platforms
Social Media
Music Video
Promotional Use
Net Sales
Accounting Period
Recoupable Costs
Copyright
Related Rights
Force Majeure
Producer Royalty
Professional Name
Group
Label Copy
Marketing Commitment
Recording Budget
Technical Specifications
Controlled Composition
Third Party Composition
Major Digital Service Provider
Release Schedule
Exclusive Period
Re-Recording Restriction
Term
Territory
Recording Commitment
Delivery Requirements
Ownership of Recordings
Royalties
Advances
Recording Costs
Accounting and Audit
Artist Warranties
Company Warranties
Recording Process
Producer Appointment
Marketing and Promotion
Release Commitment
Digital Distribution
Third Party Licensing
Merchandising Rights
Artist Restrictions
Non-Competition
Confidentiality
Moral Rights
Credit and Billing
Indemnification
Insurance
Assignment
Force Majeure
Termination
Post-Termination Rights
Notices
Entire Agreement
Severability
Governing Law
Jurisdiction
Amendment
Waiver
Alternative Dispute Resolution
Group Provisions
Personal Obligations
Re-Recording Restrictions
Synchronization Rights
Artist Approvals
Tour Support
Video Production
Social Media
Neighboring Rights
Mechanical Licenses
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