Artist Management Agreement With Master Rights Template for Canada

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Key Requirements PROMPT example:

Artist Management Agreement With Master Rights

I need an Artist Management Agreement with Master Rights for a Canadian electronic music producer who wants to retain full ownership of their master recordings while granting their manager global representation rights and a 20% commission, with the agreement starting March 1, 2025.

Document background
The Artist Management Agreement With Master Rights is a specialized contract designed for use in the Canadian music industry when an artist seeks professional management services while also addressing the crucial aspect of master recording rights. This document becomes necessary when an artist requires both career management and structured control over their recorded works, particularly common for independent artists or those transitioning between record labels. The agreement must comply with Canadian federal laws, including the Copyright Act and Status of the Artist Act, as well as provincial regulations. It includes comprehensive provisions for management services, commission structures, and detailed terms regarding the creation, ownership, and exploitation of master recordings. This type of agreement is particularly relevant in today's digital music landscape where master recording rights have become increasingly valuable assets.
Suggested Sections

1. Parties: Identification of the Artist and Manager/Management Company, including full legal names and addresses

2. Background: Context of the agreement, including Artist's professional status and Manager's expertise

3. Definitions: Key terms including 'Master Recordings', 'Net Income', 'Territory', 'Term', 'Gross Earnings', and other industry-specific terminology

4. Appointment and Term: Scope of manager's appointment, initial term, and renewal provisions

5. Manager's Services and Obligations: Detailed description of management services, including career development, promotion, and administration

6. Artist's Obligations: Artist's commitments, including cooperation requirements and exclusive engagement of manager

7. Master Recording Rights: Ownership, exploitation rights, and control of master recordings

8. Compensation and Commission: Manager's commission structure, including varying rates for different income streams

9. Accounting and Payment Terms: Requirements for financial reporting, payment schedules, and audit rights

10. Intellectual Property Rights: Protection and management of artist's IP, including trademark and publicity rights

11. Termination: Grounds for termination, notice requirements, and post-termination obligations

12. Post-Term Commission: Commission obligations for deals initiated during the term but paying out after termination

13. Representations and Warranties: Standard declarations from both parties about their capacity and authority

14. Indemnification: Mutual protection against third-party claims and breaches

15. Confidentiality: Protection of sensitive information and trade secrets

16. General Provisions: Standard boilerplate including notices, amendment process, and governing law

Optional Sections

1. Power of Attorney: Grants manager specific legal powers to act on artist's behalf - used when broader authority is needed

2. Recording Budget: Detailed provisions for managing recording budgets - needed when manager has direct involvement in production

3. Key Person Provision: Allows artist to terminate if specific manager leaves the management company - used for high-profile managers

4. International Territory Provisions: Specific terms for international representation - needed for artists planning global careers

5. Sub-Management Rights: Terms for engaging third-party managers in specific territories - used for international artists

6. Merchandising Rights: Specific provisions for merchandise management - important for artists with significant merchandising potential

7. Digital Rights Management: Specific provisions for managing social media and digital presence - crucial for emerging artists

8. Producer Rights: Terms relating to any production work done by the artist - needed if artist also works as a producer

Suggested Schedules

1. Schedule A - Commission Structure: Detailed breakdown of commission percentages for different income streams

2. Schedule B - Excluded Income Sources: List of revenue streams excluded from manager's commission

3. Schedule C - Approved Third-Party Representatives: List of pre-approved sub-managers, agents, or other representatives

4. Schedule D - Master Recording Schedule: List of existing master recordings and their ownership status

5. Schedule E - Recording Commitments: Details of any existing or planned recording obligations

6. Appendix 1 - Power of Attorney Form: Standard form for executing power of attorney if applicable

7. Appendix 2 - Accounting Procedures: Detailed procedures for financial reporting and commission calculations

8. Appendix 3 - Marketing and Promotion Plan: Initial marketing strategy and promotion 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

Relevant legal definitions
Clauses
Relevant Industries

Music Industry

Entertainment

Media Production

Digital Media

Live Events

Recording Industry

Music Publishing

Artist Management

Entertainment Legal Services

Relevant Teams

Legal

Business Affairs

Artist Relations

Rights Management

Finance

Digital Operations

Artist Development

Production

Marketing

Publishing Administration

Relevant Roles

Artist Manager

Music Industry Lawyer

Business Affairs Manager

A&R Representative

Recording Artist

Music Producer

Entertainment Attorney

Rights Management Specialist

Artist Relations Manager

Business Manager

Tour Manager

Digital Rights Manager

Talent Agent

Record Label Executive

Music Publishing Administrator

Industries
Copyright Act (R.S.C., 1985, c. C-42): Federal legislation governing copyright protection of musical works, sound recordings, and neighboring rights. Essential for defining and protecting master recording rights and ownership.
Personal Information Protection and Electronic Documents Act (PIPEDA): Relevant for handling personal information and electronic contracts between artists and managers, especially important in the digital age of music distribution.
Income Tax Act (R.S.C., 1985, c. 1): Governs taxation of income earned through the management relationship, including royalties and management commissions.
Competition Act (R.S.C., 1985, c. C-34): Relevant for ensuring fair competition and preventing anti-competitive practices in management agreements and industry relationships.
Provincial Employment Standards Acts: Though typically an artist-manager relationship is not an employment relationship, these laws must be considered to ensure the agreement doesn't inadvertently create an employer-employee relationship.
Status of the Artist Act (S.C. 1992, c. 33): Federal legislation recognizing the professional status of artists and establishing professional relations between artists and producers.
Provincial Consumer Protection Acts: Relevant when the artist might be considered a consumer of management services, providing additional protections and requirements for the agreement.
Canadian Radio-television and Telecommunications Commission (CRTC) Regulations: Important for understanding content requirements and regulations that may affect the commercial exploitation of master recordings.
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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