Recording Agreement Template for Switzerland

A Swiss Recording Agreement is a comprehensive legal contract governed by Swiss federal law, particularly the Swiss Copyright Act and Code of Obligations, establishing the terms and conditions between a record label and recording artist(s) for the production, distribution, and exploitation of musical recordings. This agreement details rights assignments, financial arrangements including advances and royalties, recording commitments, marketing obligations, and territorial restrictions, while incorporating specific Swiss legal requirements regarding intellectual property protection and contractual obligations. The document typically includes provisions for both physical and digital distribution, considering Switzerland's position in the international music market and its unique legal framework for artistic works.

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What is a Recording Agreement?

The Recording Agreement serves as the foundational contract between record labels and recording artists in the Swiss music industry. This document is essential when a record label wishes to sign an artist or band for the purpose of producing and commercializing their musical recordings. The agreement must comply with Swiss federal law, including the Copyright Act (URG/LDA) and Code of Obligations (OR/CO), while addressing modern music industry practices such as digital distribution and streaming platforms. It typically covers multiple album cycles, outlining detailed terms for recording budgets, royalty calculations, marketing commitments, and territory restrictions. The agreement is particularly important in Switzerland's multilingual market and its position as a hub for international artists, requiring careful consideration of both domestic and international exploitation rights.

What sections should be included in a Recording Agreement?

1. Parties: Identification of the record label and artist(s)/band, including their legal status and addresses

2. Background: Context of the agreement, including artist's status and label's business

3. Definitions: Key terms used throughout the agreement including 'Recordings', 'Territory', 'Term', 'Net Receipts', etc.

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 Process: Details about recording arrangements, producer selection, budget, and approval processes

7. Grant of Rights: Rights granted to the label including recording, reproduction, distribution, and exploitation rights

8. Artist Obligations: Core responsibilities including recording, promotion, exclusivity provisions

9. Label Obligations: Label's commitments regarding release, marketing, promotion, and distribution

10. Royalties: Payment terms, royalty rates, accounting periods, and payment methods

11. Advances: Details of advance payments, recoupment terms, and additional funding

12. Warranties and Representations: Standard warranties about capacity, ownership, and non-infringement

13. Termination: Circumstances allowing termination and consequences thereof

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

What sections are optional to include in a Recording Agreement?

1. Group Provisions: Required for bands, addressing group member changes and internal relationships

2. Producer Arrangements: Needed when specific producer terms need to be incorporated into main agreement

3. Publishing Rights: Include when the label also acquires publishing rights

4. Merchandising Rights: Added when the label has rights to produce/sell merchandise

5. Digital Distribution: Specific provisions for digital platforms and social media if requiring detailed treatment

6. Live Performance Revenue: Include if label participates in touring or live performance revenue

7. Management Provisions: Required if label provides management services

8. International Licensing: Detailed provisions for international sub-licensing if relevant

9. Video Production: Specific terms for music video production and exploitation

What schedules should be included in a Recording Agreement?

1. Schedule 1 - Recording Specifications: Technical requirements for recordings, including format and quality standards

2. Schedule 2 - Minimum Recording Commitment: Detailed delivery schedule for recordings and release requirements

3. Schedule 3 - Royalty Calculations: Detailed breakdown of royalty rates for different formats and territories

4. Schedule 4 - Approved Recording Budget: Detailed recording budget and cost allocation

5. Schedule 5 - Marketing Commitments: Specific marketing and promotion commitments from the label

6. Schedule 6 - Restricted Materials: List of pre-existing materials or samples requiring clearance

7. Appendix A - Artist Information: Detailed information about artist(s), including legal names and performance names

8. Appendix B - Power of Attorney: If required for specific territory registrations or collections

9. Appendix C - Producer Agreements: Standard form producer agreements to be used

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Music Agreement

Cost

Free to use

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