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Sound Recording Agreement

Sound Recording Agreement Template for United States

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Key Requirements PROMPT example:

Sound Recording Agreement

"Need a Sound Recording Agreement for a three-album deal with an independent artist, including worldwide digital distribution rights and a 50/50 profit split on streaming revenue, with the first album delivery scheduled for March 2025."

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Document background
The Sound Recording Agreement serves as the foundational document in the recorded music industry, establishing the legal framework for the creation and commercialization of recorded music. This contract type is essential when an artist or band agrees to record music for a record label or company, defining ownership rights, creative control, compensation structures, and delivery obligations. In the United States, these agreements must comply with federal copyright law, state contract laws, and recent digital music legislation. The agreement typically covers multiple recordings or albums and includes provisions for both traditional and digital distribution methods.
Suggested Sections

1. Parties: Identifies the record company and artist/producer entering into the agreement

2. Background: Contextual information about the purpose of the agreement and the parties' intentions

3. Definitions: Key terms used throughout the agreement including technical and industry-specific terminology

4. Grant of Rights: Specifies rights being transferred regarding the sound recordings, including copyright and exploitation rights

5. Recording Obligations: Details of recording requirements, deadlines, deliverables, and quality standards

6. Compensation: Payment terms, royalties, advances, and accounting provisions

7. Term and Termination: Duration of agreement, renewal options, and termination conditions

Optional Sections

1. Marketing and Promotion: Terms regarding promotion efforts, marketing commitments, and promotional appearances

2. Territory Restrictions: Geographic limitations on rights and distribution territories

3. Side Artist Provisions: Terms governing guest appearances and collaborations with other artists

4. Digital Distribution: Specific terms for digital platforms, streaming services, and online distribution

5. Merchandising Rights: Terms regarding merchandise creation and sales using artist name/likeness

Suggested Schedules

1. Recording Schedule: Detailed timeline for recording sessions, delivery dates, and release schedule

2. Technical Specifications: Required technical standards for recordings, including format and quality requirements

3. Royalty Calculations: Detailed breakdown of royalty computations and payment structures

4. Producer Agreement: Terms specific to producer involvement, credits, and compensation

5. Marketing Budget: Breakdown of allocated marketing spend and promotional commitments

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Recording Commitment
Territory
Term
Sound Recordings
Masters
Controlled Composition
Delivery
Recording Costs
Advances
Net Receipts
Mechanical Royalties
Digital Exploitation
Streaming
Distribution Rights
Marketing Materials
Producer
Recording Period
Commercial Release
Album
Single
EP
Music Video
Publishing Rights
Mechanical License
Sync Rights
Artist Name
Recordings Schedule
Release Schedule
Recording Budget
Net Sales
Accounting Period
Statement of Account
Audit Rights
Side Artist
Sample
Recoupable Costs
Work for Hire
Intellectual Property Rights
Digital Service Provider
Clauses
Grant of Rights
Recording Commitment
Delivery Requirements
Royalties
Advances
Recording Budget
Term and Territory
Recording Schedule
Marketing and Promotion
Distribution Rights
Artist Warranties
Mechanical Licenses
Accounting and Payment
Audit Rights
Confidentiality
Non-Competition
Intellectual Property
Work for Hire
Digital Distribution
Producer Rights
Samples Clearance
Force Majeure
Termination
Assignment
Indemnification
Representations and Warranties
Options and Extensions
Controlled Compositions
Side Artist Appearances
Creative Control
Name and Likeness Rights
Live Performance
Merchandising Rights
Dispute Resolution
Governing Law
Notices
Entire Agreement
Amendment and Waiver
Severability
Industries

Copyright Act of 1976: Primary federal legislation governing copyright law in the US (17 U.S.C.), establishing basic rights for copyright owners including exclusive rights to reproduce, distribute, and perform sound recordings

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online infringement and streaming rights for sound recordings

Sound Recording Act of 1971: Established federal copyright protection specifically for sound recordings, separate from musical compositions

Music Modernization Act 2018: Updated music licensing legislation for the digital age, including streaming services and digital royalties

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

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

Uniform Commercial Code: Standardized state laws governing commercial transactions, relevant for sales and licensing aspects

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

Digital Performance Right in Sound Recordings Act: Legislation establishing performance rights for digital audio transmissions of sound recordings

Lanham Act: Federal trademark law protecting brands and marks associated with the sound recording and artist

Work-for-hire Doctrine: Legal concept determining ownership of copyrighted works created during employment or by independent contractors

State Recording Consent Laws: State-specific laws governing consent requirements for recording audio, which may affect recording sessions

PRO Regulations: Rules governing Performing Rights Organizations (ASCAP, BMI, SESAC) for public performance rights

SoundExchange Regulations: Rules governing the collection and distribution of digital performance royalties for sound recordings

International Copyright Treaties: Various international agreements protecting copyright across borders, such as the Berne Convention and WIPO treaties

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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