Recording Agreement Template for New Zealand

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Key Requirements PROMPT example:

Recording Agreement

"I need a Recording Agreement for a five-piece rock band based in Auckland, with a three-album deal starting March 2025, including worldwide digital distribution rights and merchandising options, but excluding synchronization rights."

Document background
The Recording Agreement serves as the foundational document in the relationship between record labels and recording artists in New Zealand's music industry. It is typically used when an artist or band enters into a professional recording arrangement with a label, whether for a single project or a multi-album deal. The agreement comprehensively covers essential aspects including copyright assignment, recording obligations, advance payments, royalty structures, and marketing commitments. Governed by New Zealand law, particularly the Copyright Act 1994 and Contract and Commercial Law Act 2017, this agreement must reflect local legal requirements while adhering to industry standards. It's crucial for establishing clear rights and obligations, protecting both parties' interests, and providing a framework for the commercial exploitation of recorded music across various platforms and territories.
Suggested Sections

1. Parties: Identifies and defines the record label and artist(s), including their legal status and contact details

2. Background: Sets out the context of the agreement, including the artist's status and the label's business

3. Definitions: Defines key terms used throughout the agreement

4. Term and Territory: Specifies the duration of the agreement and geographical scope of rights granted

5. Recording Commitment: Details the number of recordings required and delivery specifications

6. Recording Process: Outlines the recording procedures, approval processes, and quality requirements

7. Rights Granted: Specifies the rights being transferred to the label, including copyright and related rights

8. Royalties: Details the payment structure, rates, and calculation methods for various types of exploitation

9. Advances and Recording Costs: Specifies any upfront payments and how recording costs will be handled

10. Accounting and Payments: Sets out payment schedules, accounting procedures, and audit rights

11. Marketing and Promotion: Outlines promotional obligations and requirements

12. Warranties and Representations: Contains standard warranties about capacity, ownership, and non-infringement

13. Termination: Specifies circumstances for ending the agreement and consequences

14. General Provisions: Contains standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Producer Engagement: Used when the agreement includes specific terms about producer selection and engagement

2. Synchronization Rights: Include when specifically dealing with film, TV, and advertising usage

3. Publishing Rights: Used when the deal includes publishing rights administration

4. Merchandising Rights: Include when the label will have rights to produce or license merchandise

5. Live Performance: Used when the agreement includes terms about live performances or touring

6. Side Artist Agreements: Include when dealing with groups to address individual member rights

7. Digital Distribution: Used when specific digital platform arrangements need to be addressed

8. Name and Likeness Rights: Include when the deal involves extensive use of the artist's image and brand

9. International Distribution: Used when specific international distribution arrangements are included

Suggested Schedules

1. Recording Specifications: Technical requirements for recordings, including format and quality standards

2. Minimum Commitment Schedule: Detailed timeline for delivery of recordings and release commitments

3. Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

4. Permitted Deductions: List of allowed deductions from gross receipts before royalty calculations

5. Advance Payment Schedule: Timeline and conditions for advance payments

6. Producer Agreement Template: Standard form agreement for engaging producers

7. Marketing Commitments: Detailed marketing and promotion commitments from the label

8. Additional Participants: List of band members or other key participants if applicable

9. Controlled Composition Rate: Details of rates for songs written or controlled by the artist

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

Relevant legal definitions
Clauses
Relevant Industries

Music Industry

Entertainment

Media

Digital Content

Performing Arts

Copyright Licensing

Audio Production

Digital Distribution

Music Publishing

Artist Management

Relevant Teams

Legal

Artist & Repertoire

Business Affairs

Production

Marketing

Finance

Digital Distribution

Rights Management

Royalties Administration

Contract Administration

Relevant Roles

Music Industry Lawyer

A&R Manager

Business Affairs Manager

Artist Manager

Record Label Executive

Music Producer

Legal Counsel

Contracts Manager

Rights Manager

Royalties Administrator

Production Manager

Marketing Director

Distribution Manager

Digital Rights Manager

Finance Manager

Industries
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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