The Band Agreement serves as the foundational document governing the professional and creative relationship between musicians performing together as a band under Belgian law. This document becomes essential when a group of musicians decides to formalize their collaboration, particularly when they begin creating original material, performing regularly, or generating income. The agreement incorporates specific Belgian legal requirements regarding artists' status, social security provisions, and copyright management through organizations like SABAM. It addresses crucial aspects such as ownership of creative works, revenue distribution, decision-making processes, and use of band assets, while considering Belgium's unique artistic and cultural regulatory framework. The document is particularly important for bands transitioning from casual to professional status or those seeking to establish clear guidelines for their collaborative endeavors.
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1. Parties: Identification of all band members and any corporate entity representing the band
2. Background: Brief history of the band's formation and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Band Property', 'Band Income', 'Musical Works', etc.
4. Band Membership: Rights and obligations of band membership, including commitment requirements and exclusivity provisions
5. Band Property and Names: Ownership and usage rights of band name, logos, social media accounts, and other intellectual property
6. Creative Rights: Copyright ownership, songwriting credits, and arrangements for existing and future musical works
7. Income and Expenses: Revenue sharing, payment arrangements, and responsibility for band-related expenses
8. Decision Making: Voting rights and processes for band decisions, including artistic, business, and personnel matters
9. Performance and Recording: Obligations regarding live performances, recording sessions, and promotional activities
10. Management and Administration: Handling of band affairs, appointment of managers/agents, and administrative responsibilities
11. Termination: Circumstances and procedures for member departure or band dissolution
12. General Provisions: Standard legal clauses including governing law, notices, and entire agreement provisions
1. Record Label Relations: Used when the band has or anticipates having a record deal, defining how such relationships are managed
2. Publishing Rights: Detailed section needed when band creates original material and requires specific publishing arrangements
3. Equipment and Assets: Required when the band jointly owns significant equipment or other assets
4. Social Media and Digital Presence: Detailed provisions for bands with significant online presence or specific digital marketing strategies
5. Merchandise: Include when the band sells or plans to sell merchandise
6. International Touring: Necessary for bands that perform internationally, addressing specific cross-border considerations
7. Side Projects: Required when members engage in musical activities outside the band
8. Band Leader Provisions: Used when one member has founded the band or has special creative control
1. Schedule 1: Band Members' Details: Personal and contact information for all band members, including tax registration details
2. Schedule 2: Existing Musical Works: List of songs and recordings created prior to the agreement, with ownership details
3. Schedule 3: Revenue Sharing Formula: Detailed breakdown of how different types of income are shared between members
4. Schedule 4: Band Equipment Inventory: List of jointly-owned equipment and instruments with values
5. Schedule 5: Intellectual Property Register: Register of band's trademarks, copyrights, and other intellectual property
6. Appendix A: Band Member Roles: Specific musical and administrative responsibilities of each member
7. Appendix B: Decision Making Matrix: Table showing voting rights and majority requirements for different types of decisions
8. Appendix C: Payment Procedures: Detailed procedures for handling band income and expense payments
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