Master Recording Contract for Canada

Master Recording Contract Template for Canada

A comprehensive legal agreement governed by Canadian law that establishes the rights and obligations between a record label and a recording artist regarding the production, ownership, and exploitation of master recordings. The agreement covers crucial aspects such as recording commitments, royalty arrangements, territorial rights, marketing obligations, and distribution terms, while adhering to Canadian copyright law and industry regulations. It includes specific provisions for protecting both parties' interests under Canadian jurisdiction, including moral rights protection which is particularly strong in Canadian copyright law.

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What is a Master Recording Contract?

The Master Recording Contract is a fundamental agreement in the Canadian music industry, used when a record label wishes to secure exclusive rights to an artist's recorded performances. This document is essential when establishing a professional relationship between a record label and a recording artist, whether for new artists signing their first major deal or established artists entering new recording commitments. The agreement must comply with Canadian federal and provincial laws, particularly the Copyright Act and Status of the Artist Act, while addressing modern digital distribution requirements. It covers critical elements including recording obligations, ownership of masters, royalty structures, advances, marketing commitments, and territory restrictions. The contract should be customized based on factors such as artist leverage, label size, and specific provincial requirements where applicable.

What sections should be included in a Master Recording Contract?

1. Parties: Identification of the record label and artist(s), including legal names and addresses

2. Background: Context of the agreement, artist's status, and general purpose of the contract

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Term: Duration of the agreement, including initial period and options for extension

5. Recording Commitment: Number of albums/singles to be recorded, delivery requirements, and recording schedules

6. Recording Procedure: Process for selecting and approving material, producers, studios, and recording budgets

7. Rights Granted: Transfer of rights in master recordings, including exploitation rights and territories

8. Compensation: Royalty rates, advances, recoupment terms, and other financial arrangements

9. Accounting and Payments: Requirements for royalty statements, payment schedules, and audit rights

10. Marketing and Promotion: Label's obligations regarding promotion, marketing efforts, and artist approval rights

11. Artist Obligations: Artist's commitments, exclusivity terms, and performance requirements

12. Warranties and Representations: Artist and label warranties regarding rights, abilities, and obligations

13. Termination: Grounds for termination, procedures, and consequences

14. General Provisions: Standard legal clauses including governing law, notices, and amendment procedures

What sections are optional to include in a Master Recording Contract?

1. Producer Arrangements: Used when specific producer relationships need to be addressed in detail

2. Touring Requirements: Include when the label has specific touring expectations or provides tour support

3. Merchandising Rights: Added when the label acquires merchandising rights or participation

4. Publishing Rights: Include when the deal includes publishing rights or co-publishing arrangements

5. Video Production: Used when specifying detailed terms for music video production and budgets

6. Digital Distribution: Include specific terms for digital platforms and social media when relevant

7. Sample Clearance: Include when the artist regularly uses samples or when specific samples need addressing

8. Group Provisions: Used when contracting with a band rather than a solo artist

9. Artist Development: Include for new artists requiring specific development support

What schedules should be included in a Master Recording Contract?

1. Schedule A - Recording Specifications: Technical requirements for master recordings

2. Schedule B - Advance Schedule: Detailed breakdown of advances and payment timing

3. Schedule C - Recording Budget: Approved recording costs and budget allocation

4. Schedule D - Territory Definition: Detailed list of territories covered by the agreement

5. Schedule E - Royalty Calculations: Detailed methodology for calculating various royalty rates

6. Schedule F - Mechanical License Terms: Standard terms for mechanical licensing of recordings

7. Schedule G - Producer Agreement Template: Standard form of producer agreement to be used

8. Appendix 1 - Marketing Commitments: Specific marketing and promotion commitments from the label

9. Appendix 2 - Approved Recording Studios: List of pre-approved recording studios and facilities

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

Jurisdiction

Canada

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Music & Entertainment

Media Production

Digital Distribution

Publishing

Retail & Merchandising

Live Entertainment

Digital Media

Broadcasting

Intellectual Property

Legal Services

Relevant Teams

Legal

Artists and Repertoire

Business Affairs

Finance

Royalties

Marketing

Digital Distribution

Copyright Administration

Production

Artist Development

Relevant Roles

A&R Director

Legal Counsel

Business Affairs Manager

Artist Manager

Music Producer

Contract Administrator

Royalty Manager

Chief Executive Officer

Marketing Director

Distribution Manager

Digital Rights Manager

Finance Director

Copyright Administrator

Publishing Manager

Recording Engineer

Industries
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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