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Under Exclusive License To Record Label
"Need to draft an Under Exclusive License To Record Label agreement for an emerging jazz band in New Zealand, with specific provisions for live streaming rights and a minimum commitment of three albums over five years."
1. Parties: Identification of the artist/band and record label, including their legal status and contact details
2. Background: Context of the agreement, artist's status, and general purpose of the arrangement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of Rights: Specific rights being granted to the label, including recording, reproduction, distribution, and exploitation rights
5. Term and Territory: Duration of the agreement and geographical scope of the license
6. Recording Commitment: Number of recordings required, delivery schedules, and recording specifications
7. Recording Costs and Budget: Financial arrangements for recording, including budget allocation and recoupment terms
8. Royalties and Payments: Detailed royalty structures, payment schedules, and accounting procedures
9. Marketing and Promotion: Label's obligations regarding marketing, promotion, and distribution of recordings
10. Artist Obligations: Artist's commitments, including exclusivity provisions and promotional duties
11. Intellectual Property: Ownership and protection of intellectual property rights
12. Warranties and Representations: Standard warranties from both parties regarding their capacity and rights
13. Termination: Circumstances and procedures for terminating the agreement
14. General Provisions: Standard contractual clauses including notices, assignment, and governing law
1. Producer Engagement: Terms for engaging producers, used when the label has specific producer requirements or relationships
2. Merchandising Rights: Include when the label is granted rights to produce and sell merchandise
3. Publishing Rights: Used when the agreement includes publishing rights assignment or administration
4. Live Performance Income: Include when the label has rights to a share of live performance revenue
5. Digital Platforms: Specific provisions for digital distribution and social media presence
6. Sync Rights: Details of synchronization rights for film, TV, and advertising when included
7. International Distribution: Specific terms for international distribution arrangements
8. Band Member Provisions: Required for groups to address member changes and individual obligations
9. Video Production: Terms for music video production and rights when included in the deal
10. Artist Development: Include when the label provides specific artist development services
1. Schedule 1 - Recording Specifications: Technical requirements for recordings, including format and quality standards
2. Schedule 2 - Minimum Recording Commitment: Detailed schedule of required recordings and delivery dates
3. Schedule 3 - Approved Recording Budget: Detailed recording budget breakdown and approval procedures
4. Schedule 4 - Royalty Calculations: Detailed royalty rates for different formats and territories
5. Schedule 5 - Marketing Commitments: Specific marketing and promotion commitments from the label
6. Schedule 6 - Mechanical License Terms: Standard terms for mechanical licensing of recordings
7. Appendix A - Artist's Prior Recordings: List of any existing recordings and their status
8. Appendix B - Permitted Third-Party Agreements: List of pre-existing agreements that will continue
9. Appendix C - Territory Restrictions: Specific territorial exclusions or special arrangements
10. Appendix D - Approved Third-Party Producers: List of pre-approved producers for the recordings
Authors
Artist
Advance
Album
Audio-Visual Recording
Budget
Business Day
Commercial Release
Commencement Date
Compilation Album
Confidential Information
Contract Period
Copyright
Delivery
Digital Distribution
Digital Platform
Distribution Rights
Download
Effective Date
Electronic Transmission
Exclusive License
Financial Year
GST
Initial Period
Intellectual Property Rights
Label
Live Recording
Marketing Plan
Master Recording
Mechanical Rights
Minimum Commitment
Music Video
Net Receipts
Option Period
Performance
Performer's Rights
Physical Product
Producer
Production Costs
Publishing Rights
Recording Costs
Recording Schedule
Recording Services
Release Date
Remix
Royalties
Royalty Period
Royalty Rate
Single
Sound Recording
Streaming
Synchronisation Rights
Territory
Term
Third Party Platform
Trade Mark
Video Rights
Term
Territory
Exclusivity
Recording Commitment
Delivery
Recording Costs
Advances
Royalties
Accounting
Marketing and Promotion
Distribution
Artist Obligations
Label Obligations
Warranties
Representations
Third Party Engagement
Copyright
Intellectual Property
Digital Rights
Confidentiality
Non-Competition
Moral Rights
Assignment
Termination
Force Majeure
Indemnification
Insurance
Notices
Dispute Resolution
Governing Law
Amendment
Entire Agreement
Severability
Waiver
Further Assurance
Costs
GST
Sub-Licensing
Third Party Rights
Music Industry
Entertainment
Media & Broadcasting
Digital Media
Performing Arts
Copyright & Licensing
Music Publishing
Music Distribution
Entertainment Law
Creative Arts
Legal
Business Affairs
Artist & Repertoire
Rights Management
Music Publishing
Digital Distribution
Marketing
Finance
Artist Relations
Contract Administration
Music Industry Lawyer
Legal Counsel
Artist Manager
A&R Manager
Business Affairs Manager
Rights Manager
Music Publisher
Record Label Executive
Contract Administrator
Music Industry Consultant
Artist Relations Manager
Music Producer
Digital Rights Manager
Licensing Manager
Copyright Administrator
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