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Recording License Agreement

Recording License Agreement Template for India

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Key Requirements PROMPT example:

Recording License Agreement

"I need a Recording License Agreement for an independent record label in Mumbai to license their catalog of 200 classical music recordings to a digital streaming platform, with worldwide rights and a revenue share model starting from March 2025."

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Document background
The Recording License Agreement is a vital legal instrument in the Indian music industry, used when a rights holder grants permission to another party to use, reproduce, or distribute sound recordings. This agreement is particularly relevant in India's rapidly evolving digital music landscape and must comply with the Indian Copyright Act, 1957, and the Copyright Rules, 2013. It's essential when licensing music for various purposes including streaming platforms, physical distribution, broadcasting, or inclusion in audiovisual productions. The document addresses specific Indian market considerations such as territorial restrictions, mandatory royalty provisions, and the role of copyright societies, while incorporating provisions for both traditional and digital exploitation of recordings. This agreement type is crucial for protecting intellectual property rights while enabling commercial exploitation of sound recordings in the Indian entertainment sector.
Suggested Sections

1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses

2. Background: Context of the agreement, including ownership confirmation of the recordings and purpose of the license

3. Definitions: Detailed definitions of key terms including 'Recording', 'Territory', 'Term', 'Net Revenue', 'Distribution Channels', etc.

4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, and exploitation rights

5. Territory and Term: Geographic scope of the license and duration of the agreement

6. Financial Terms: License fees, royalty rates, payment terms, accounting, and audit rights

7. Delivery and Technical Requirements: Specifications for delivery of recordings, format requirements, and quality standards

8. Usage and Restrictions: Permitted uses, restrictions, and any reserved rights

9. Quality Control: Standards for reproduction and distribution, approval processes

10. Warranties and Representations: Standard warranties regarding ownership, authority to license, and non-infringement

11. Indemnification: Mutual indemnification obligations for breach of warranties or agreement terms

12. Confidentiality: Protection of confidential information shared during the agreement

13. Termination: Grounds for termination, notice requirements, and post-termination obligations

14. General Provisions: Standard boilerplate clauses including notices, assignment, governing law, etc.

Optional Sections

1. Marketing and Promotion: Obligations and restrictions regarding marketing of the recordings - include when licensee has promotional rights

2. Sub-licensing Rights: Terms for sub-licensing - include when licensee is permitted to sub-license

3. Digital Rights Management: DRM requirements - include for digital distribution licenses

4. Minimum Guarantee: Minimum payment guarantees - include for exclusive licenses or major territory deals

5. Creative Control: Approval rights over edits or modifications - include when modifications are permitted

6. Performance Rights: Terms regarding public performance - include if public performance rights are included

7. Synchronization Rights: Terms for sync licensing - include if sync rights are being granted

8. Moral Rights: Protection of moral rights - include for jurisdictions where relevant

Suggested Schedules

1. Schedule 1 - Licensed Recordings: Detailed list of all recordings covered by the license, including metadata

2. Schedule 2 - Technical Specifications: Detailed technical requirements for master recordings and delivery formats

3. Schedule 3 - Territory Details: Specific definition of territories and any territory-specific terms

4. Schedule 4 - Royalty Rates: Detailed breakdown of royalty rates by format, territory, and distribution channel

5. Schedule 5 - Reporting Requirements: Templates and specifications for royalty reporting

6. Schedule 6 - Marketing Guidelines: Guidelines for marketing and promotion if applicable

7. Appendix A - Sample Royalty Statement: Template for royalty statements and calculations

8. Appendix B - Approved Distribution Channels: List of approved digital and physical distribution channels

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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alex.den.21@genieai.co
Relevant legal definitions
Recordings
Licensed Recordings
Master Recordings
Territory
Term
Effective Date
Net Revenue
Gross Revenue
Royalty Rate
Distribution Channels
Digital Service Providers
Physical Format
Streaming
Download
Mechanical Rights
Performance Rights
Synchronization Rights
Marketing Materials
Accounting Period
Quarter
Confidential Information
Intellectual Property Rights
Copyright
Moral Rights
Related Rights
Minimum Guarantee
Release Date
Technical Specifications
Quality Standards
Permitted Use
Sub-License
Distribution Agreement
Net Sales
Returns
Promotional Use
Sample
Remix
Cover Version
Artist
Producer
Publishing Rights
Music Video
Platform
User Generated Content
Public Performance
Broadcasting Rights
Clearances
Territory Restrictions
Force Majeure
Affiliate
Authorized Distributor
Licensed Product
Manufacturing Cost
PPD (Published Price to Dealer)
ISRC Code
Metadata
Clauses
Definitions
Grant of Rights
Territory Rights
Term and Renewal
Delivery Requirements
Technical Specifications
Quality Control
Distribution Rights
Digital Rights
Sub-licensing
Royalties
Payment Terms
Accounting and Audit
Marketing and Promotion
Warranties and Representations
Intellectual Property
Copyright Protection
Moral Rights
Performance Rights
Confidentiality
Non-Competition
Exclusivity
Minimum Performance
Termination
Force Majeure
Assignment
Indemnification
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Severability
Entire Agreement
Counterparts
Relevant Industries

Music & Recording

Digital Entertainment

Media & Broadcasting

Film & Television

Live Entertainment

Digital Technology

Mobile Applications

Advertising

Gaming

Retail & Merchandising

Relevant Teams

Legal

Business Affairs

Rights Management

Digital Distribution

Content Acquisition

Royalty Administration

Business Development

Copyright Administration

Artist Relations

Finance

Relevant Roles

Music Licensing Manager

Legal Counsel

Rights Management Director

Business Development Manager

A&R Manager

Digital Distribution Manager

Copyright Administrator

Royalty Manager

Content Acquisition Manager

Music Publisher

Record Label Executive

Entertainment Lawyer

Licensing Coordinator

Contract Administrator

IP Rights Manager

Industries
The Copyright Act, 1957: Primary legislation governing copyright protection in India, including specific provisions for sound recordings, musical works, and licensing arrangements
The Copyright Rules, 2013: Detailed regulations implementing the Copyright Act, including procedures for licensing, royalty rates, and registration of copyright
The Indian Contract Act, 1872: Fundamental law governing contractual relationships, essential for structuring the license agreement terms and conditions
The Trade Marks Act, 1999: Relevant for protecting artist names, album titles, and related branding elements in the recording industry
The Information Technology Act, 2000: Important for digital distribution rights and online licensing aspects of sound recordings
The Income Tax Act, 1961: Relevant for royalty payments, tax deductions, and international licensing revenue considerations
The Performers Rights (Amendment) Act, 1994: Specific provisions for protecting performers' rights in sound recordings
The Competition Act, 2002: Relevant for ensuring fair licensing practices and preventing anti-competitive arrangements in the music industry
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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