Recording License Agreement Template for United States

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Key Requirements PROMPT example:

Recording License Agreement

"I need a Recording License Agreement for my indie record label to license our catalog of 50 electronic music tracks to a streaming platform in Asia, with exclusive rights for 3 years starting January 2025 and specific provisions for revenue sharing from subscription-based streaming."

Document background
The Recording License Agreement is a crucial document in the music industry that establishes the legal framework for using and monetizing recorded music. This agreement is particularly important in the United States, where it must comply with federal copyright laws, state regulations, and industry standards. It's used when a rights holder wants to grant another party permission to use recordings while maintaining ownership. The agreement covers essential elements including territory restrictions, payment terms, usage rights, and delivery requirements, while ensuring compliance with U.S. music industry regulations and digital distribution standards.
Suggested Sections

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

2. Background: States the ownership of the recordings and intention to license them

3. Definitions: Defines key terms including 'Recordings', 'Territory', 'Term', 'Net Receipts', etc.

4. Grant of Rights: Specifies the exact rights being licensed and any restrictions

5. Term and Territory: Duration of the agreement and geographical scope

6. Financial Terms: Payment terms, royalty rates, accounting periods, and audit rights

7. Delivery Requirements: Format and specifications for delivery of recordings

8. Warranties and Representations: Standard warranties about ownership and right to license

9. Termination: Conditions for termination and consequences

Optional Sections

1. Marketing and Promotion: Details of marketing obligations and specific promotional activities required

2. Sub-licensing Rights: Terms for sub-licensing to third parties when licensee may need to sub-license

3. Digital Rights Management: Requirements for DRM protection in digital distribution

4. Synchronization Rights: Rights to use recordings in audio-visual works when sync rights are included

Suggested Schedules

1. Schedule A - Licensed Recordings: List of all recordings covered by the agreement

2. Schedule B - Technical Specifications: Technical requirements for master recordings

3. Schedule C - Royalty Rates: Detailed breakdown of royalty rates for different uses

4. Schedule D - Territories: Detailed list of included territories if complex

5. Schedule E - Approved Distribution Platforms: List of authorized distribution platforms

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
Industries

Copyright Act of 1976: Primary federal copyright law in the United States (17 U.S.C.) that governs the rights of creators and the protection of their works, including musical recordings

Digital Millennium Copyright Act (DMCA): Addresses copyright issues in digital media and online content, including provisions for takedown notices and service provider liability

Music Modernization Act 2018: Updates music licensing legislation for the digital age, including streaming services and mechanical licensing procedures

Lanham Act: Federal trademark law that protects against trademark infringement and false advertising in music branding and marketing

Right of Publicity Laws: State-specific laws protecting individuals' rights to control commercial use of their name, image, and likeness

Uniform Commercial Code: Standardized state laws governing commercial transactions, including contracts and licensing agreements

Fair Labor Standards Act: Federal law establishing wage, overtime, and labor standards that may apply to recording sessions and music production

Digital Performance Right in Sound Recordings Act: Establishes exclusive rights for performance of sound recordings through digital audio transmission

E-SIGN Act: Federal law ensuring legal validity of electronic signatures and records in commercial transactions

Sherman Antitrust Act: Federal law prohibiting anticompetitive business practices and monopolies in the music industry

Federal Trade Commission Act: Protects against unfair competition and deceptive practices in commerce, including music licensing and distribution

State Contract Laws: Various state-specific regulations governing contract formation, enforcement, and interpretation

PRO Regulations: Rules governing Performance Rights Organizations (like ASCAP, BMI) that collect and distribute royalties

Digital Royalty Regulations: Laws and regulations governing payment and distribution of royalties for digital music uses

International Copyright Treaties: Agreements like the Berne Convention and WIPO treaties that protect copyrights across international borders

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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