The Recording License Agreement is essential in the music industry when one party wishes to grant another the rights to use and commercially exploit recorded music. This contract type is particularly important in Switzerland, where it must comply with specific federal regulations including the Swiss Copyright Act and Code of Obligations. The agreement typically covers crucial aspects such as territorial scope, duration, royalty structures, and permitted uses of the recordings. It's commonly used when record labels license content to distributors, when independent artists grant rights to labels, or when production companies license recordings for various commercial uses. The document needs to address both traditional and digital exploitation rights, ensuring clarity in an evolving digital landscape while maintaining compliance with Swiss intellectual property laws and international music industry standards.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the recordings and parties' rights
3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Recordings', 'Territory', 'Term', 'Net Receipts', etc.
4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, and exploitation rights
5. Term and Territory: Duration of the license and geographical areas where rights can be exercised
6. Financial Terms: Payment terms, including advances, royalties, accounting periods, and payment methods
7. Delivery Requirements: Specifications for delivery of master recordings and related materials
8. Quality Control: Standards for reproduction and distribution of recordings
9. Credit and Attribution: Requirements for crediting artists and copyright notices
10. Warranties and Representations: Parties' assurances regarding rights ownership and authority to enter agreement
11. Termination: Circumstances under which agreement can be terminated and consequences
12. General Provisions: Standard legal clauses including governing law, notices, and assignment rights
1. Marketing and Promotion: Specific requirements for marketing the recordings - include when licensee has promotional obligations
2. Sub-licensing Rights: Terms for sub-licensing - include when licensee is permitted to sub-license
3. Digital Rights: Specific provisions for digital exploitation - include for digital-specific licenses
4. Synchronization Rights: Terms for use in audio-visual works - include if sync rights are part of license
5. Moral Rights: Provisions regarding moral rights protection - include for jurisdictions where relevant
6. Samples Clearance: Responsibilities for clearing samples - include if recordings contain samples
7. Minimum Performance Requirements: Minimum sales or revenue targets - include if performance metrics are required
8. Artist Approval Rights: Terms for artist approval of uses - include if artist retains approval rights
1. Schedule A - Licensed Recordings: Detailed list of recordings covered by the agreement
2. Schedule B - Technical Specifications: Technical requirements for master recordings and artwork
3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods
4. Schedule D - Permitted Uses: Specific authorized uses of the recordings
5. Schedule E - Territory Restrictions: Any territory-specific restrictions or requirements
6. Appendix 1 - Marketing Requirements: Detailed marketing and promotion obligations if applicable
7. Appendix 2 - Artwork and Packaging: Specifications for artwork and packaging requirements
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