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Master Recording License Agreement

Master Recording License Agreement Template for Switzerland

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Key Requirements PROMPT example:

Master Recording License Agreement

I need a Master Recording License Agreement for my independent record label to license our catalog of jazz recordings to a Swiss digital distributor, with worldwide digital distribution rights excluding China and Russia, starting from January 2025.

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Document background
The Master Recording License Agreement is a crucial legal instrument used in the Swiss music industry when a rights holder grants permission to another party to use and exploit master recordings. This document is essential when record labels, artists, or production companies wish to license their master recordings for various uses, including distribution, streaming, or synchronization. It operates within the framework of Swiss federal copyright law and the Swiss Code of Obligations, incorporating specific requirements for intellectual property protection and contract formation under Swiss law. The agreement typically includes detailed provisions for territory restrictions, royalty calculations, quality control measures, and technical specifications for master delivery. It's particularly relevant in today's digital age where master recordings may be exploited across multiple platforms and territories, requiring careful consideration of both traditional and digital rights management.
Suggested Sections

1. Parties: Identification of the Licensor (rights holder) and Licensee, including full legal names and addresses

2. Background: Context of the agreement, identification of the master recordings, and general purpose of the license

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Master Recordings', 'Territory', 'Net Receipts', etc.

4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, and exploitation rights

5. Territory and Term: Geographic scope of the license and duration of the agreement

6. Delivery of Masters: Requirements and specifications for delivery of master recordings

7. Financial Terms: Payment obligations, including advances, royalties, and payment schedules

8. Accounting and Audit Rights: Requirements for financial reporting and rights to audit

9. Quality Control: Standards for reproduction and distribution of the recordings

10. Warranties and Representations: Guarantees regarding ownership, rights clearance, and authority to license

11. Indemnification: Mutual indemnification obligations for breach of warranties

12. Termination: Conditions for termination and consequences thereof

13. Confidentiality: Obligations regarding confidential information

14. General Provisions: Standard boilerplate clauses including notices, assignment, entire agreement, etc.

Optional Sections

1. Sub-Licensing Rights: Include when licensee is permitted to sub-license the recordings to third parties

2. Digital Platform Requirements: Include for digital-specific distribution requirements and technical specifications

3. Marketing and Promotion: Include when specific marketing obligations are required of either party

4. Synchronization Rights: Include if synchronization rights for film/TV are part of the license

5. Remixing Rights: Include if the licensee is permitted to create remixes or derivative works

6. Artist Approval Rights: Include when artist retains specific approval rights over usage

7. Minimum Performance Requirements: Include when licensee must meet specific distribution or revenue targets

Suggested Schedules

1. Schedule A - Master Recordings: Detailed list of all master recordings covered by the agreement

2. Schedule B - Technical Specifications: Technical requirements for master delivery and reproduction

3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods

4. Schedule D - Approved Distribution Channels: List of approved platforms and distribution methods

5. Schedule E - Territory Restrictions: Specific territorial exclusions or special requirements

6. Appendix 1 - Required Metadata: Required metadata fields and formats for digital distribution

7. Appendix 2 - Credit Requirements: Required credits and attribution for the recordings

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
Master Recording
Sound Recording
Territory
Term
Effective Date
Licensor
Licensee
Net Receipts
Gross Receipts
Mechanical Rights
Digital Rights
Synchronization Rights
Distribution Rights
Streaming
Download
Physical Product
Digital Platform
Release Date
Marketing Materials
Metadata
Technical Specifications
Affiliate
Confidential Information
Intellectual Property Rights
Related Rights
Commercial Release
Accounting Period
Payment Due Date
Quality Standards
Permitted Use
Delivery Format
Artist
Producer
Recording Costs
Advance
Royalty Rate
Distribution Channel
Sub-Licensee
Credit Requirements
Sample
Remix Rights
Original Recording
Distribution Statement
Major Digital Service Provider
Performance Rights
Manufacturing Rights
Promotional Use
Music Video
Copyright Protection Measures
Collective Management Organization
Exploitation Rights
Commercial Distribution
Clauses
Grant of Rights
License Scope
Territory
Term
Delivery
Technical Requirements
Quality Control
Payment
Royalties
Accounting
Audit Rights
Warranties
Representations
Indemnification
Confidentiality
Intellectual Property
Copyright Protection
Assignment
Sub-Licensing
Distribution Rights
Digital Rights
Performance Rights
Mechanical Rights
Synchronization Rights
Marketing
Promotion
Credit Requirements
Moral Rights
Termination
Force Majeure
Dispute Resolution
Governing Law
Jurisdiction
Notices
Amendment
Severability
Entire Agreement
Non-Waiver
Counterparts
Compliance
Data Protection
Artist Approval
Relevant Industries

Music & Entertainment

Digital Media

Broadcasting

Film & Television

Gaming

Advertising

Technology

Media Distribution

Digital Streaming

Content Creation

Relevant Teams

Legal

Business Affairs

Rights Management

Licensing

Content Acquisition

Artist & Repertoire

Digital Operations

Copyright Administration

Music Publishing

Distribution

Relevant Roles

Legal Counsel

Music Rights Manager

Licensing Manager

A&R Director

Business Affairs Manager

Copyright Administrator

Content Acquisition Manager

Digital Rights Manager

Music Supervisor

Contract Administrator

Intellectual Property Lawyer

Music Publishing Manager

Artist Manager

Distribution Rights Manager

Industries
Federal Act on Copyright and Related Rights (Copyright Act, CopA): This is the primary legislation governing copyright protection in Switzerland, including protection of musical works, sound recordings, and related rights. It defines the scope of protection, duration of rights, and licensing provisions.
Swiss Code of Obligations (CO): Contains the general contract law provisions that apply to licensing agreements, including formation of contracts, performance, breach, and remedies.
Federal Act on International Private Law (IPRG): Relevant for international licensing agreements, determining applicable law and jurisdiction in cross-border situations.
Federal Act on Cartels and Other Restraints of Competition: Important for ensuring licensing terms comply with competition law requirements and don't create illegal market restrictions.
Federal Act on the Collective Management of Copyright and Related Rights: Governs the operation of collecting societies and collective rights management in Switzerland, which may be relevant for certain aspects of music licensing.
Federal Act against Unfair Competition (UCA): Ensures fair business practices in licensing agreements and prevents unfair competition through contractual terms.
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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