The Master Recording Agreement is a fundamental contract in the music industry, used when a record label wishes to engage an artist or band to create recorded music under Austrian jurisdiction. This agreement is essential for establishing the legal framework of the recording relationship, detailing both parties' rights and obligations under Austrian law. It covers crucial aspects such as the number of recordings to be delivered, technical specifications, ownership of master recordings, royalty calculations, and exploitation rights. The document must comply with Austrian legal requirements, particularly the Copyright Act (Urheberrechtsgesetz) and Civil Code (ABGB), while addressing modern digital distribution methods and international exploitation. Typically used at the start of a recording relationship or when renewing existing arrangements, it serves as the primary agreement governing the creation and commercialization of recorded music.
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1. Parties: Identification of the record company and artist(s), including their legal status and addresses
2. Background: Context of the agreement, including artist's status and general purpose of the arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Term and Territory: Duration of the agreement and geographical scope of rights granted
5. Recording Commitment: Number of recordings to be delivered, delivery schedules, and recording requirements
6. Recording Procedures: Technical specifications, approval processes, and re-recording obligations
7. Grant of Rights: Scope of rights transferred, including exploitation, licensing, and sub-licensing rights
8. Artist Obligations: Key responsibilities including exclusivity, promotional activities, and warranties
9. Company Obligations: Record company's commitments regarding release, marketing, and promotion
10. Royalties: Payment terms, rates, accounting periods, and calculation methods
11. Accounting and Payments: Reporting requirements, audit rights, and payment procedures
12. Intellectual Property: Ownership of recordings, artwork, and related materials
13. Termination: Grounds for termination, consequences, and post-termination rights
14. Confidentiality: Non-disclosure obligations and permitted disclosures
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Group Provisions: Required for agreements with bands, addressing member changes and individual obligations
2. Producer Arrangements: Include when specific producer requirements or arrangements need to be incorporated
3. Digital Distribution: Detailed provisions for digital exploitation when significant digital distribution is anticipated
4. Synchronization Rights: Specific provisions for sync licensing when this is a major focus
5. International Tours: Include when significant international touring is contemplated
6. Merchandising Rights: Required when merchandising rights are included in the deal
7. Publishing Rights: Include when the agreement includes publishing rights assignment
8. Artist's Company Provisions: Required when artist contracts through a loan-out company
9. Video Production: Include when music video production is part of the agreement
1. Schedule 1 - Recording Specifications: Technical requirements for master recordings
2. Schedule 2 - Minimum Recording Commitment: Detailed delivery requirements and deadlines
3. Schedule 3 - Royalty Rates: Comprehensive breakdown of royalty rates for different formats and territories
4. Schedule 4 - Permitted Deductions: List of permitted expenses and deductions from royalties
5. Schedule 5 - Mechanical License Terms: Standard terms for mechanical licensing
6. Schedule 6 - Producer Credits: Required credits and acknowledgments
7. Schedule 7 - Artwork Requirements: Specifications for album artwork and promotional materials
8. Appendix A - Marketing Commitments: Minimum marketing and promotion commitments
9. Appendix B - Approved Recording Budget: Agreed recording budget and cost allocation
10. Appendix C - Restricted Territories: List of territories where special restrictions apply
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