A Recording Agreement serves as the foundational document in the relationship between recording artists and record labels in the United States. This contract type defines the obligations, rights, and compensation structures for both parties, typically covering aspects such as recording commitments, ownership of master recordings, distribution rights, and royalty payments. The agreement must comply with U.S. federal copyright law, state contract laws, and digital music regulations, while also addressing modern distribution channels and revenue streams. It's essential for establishing clear expectations and protecting both parties' interests in the increasingly complex music industry landscape.
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1. Parties: Identifies the record company and artist/band entering into the agreement
2. Background: States the purpose of the agreement and basic context
3. Definitions: Defines key terms used throughout the agreement
4. Term: Duration of the agreement including initial period and options
5. Recording Commitment: Number and type of recordings to be delivered
6. Grant of Rights: Rights granted to the record company
7. Recording Budget: Financial terms for recording production
8. Royalties: Payment terms and royalty calculations
9. Accounting: Reporting and payment schedules
10. Warranties and Representations: Legal guarantees from both parties
1. Publishing Rights: Terms for music publishing rights if the deal includes publishing rights
2. Merchandising Rights: Terms for merchandise production and sales when the label will handle merchandising
3. Touring Provisions: Terms related to live performances when the label has involvement in touring
4. Video Production: Terms for music video production when videos are part of the deal
5. Digital Distribution: Specific terms for digital platforms and distribution rights
1. Schedule A - Recording Schedule: Detailed timeline for recording deliverables
2. Schedule B - Recording Budget: Detailed breakdown of recording costs
3. Schedule C - Royalty Calculations: Detailed royalty rates and calculation methods
4. Schedule D - Territory List: List of territories covered by the agreement
5. Schedule E - Permitted Professional Names: Approved artist names and variations
6. Appendix 1 - Producer Agreements: Standard producer agreement terms
7. Appendix 2 - Mechanical License Terms: Standard mechanical license provisions
Relevant legal definitions
Accounting Period
Advances
Album
Artist
Artist's Recording Costs
Budget
Commercial Release
Company
Compositions
Controlled Composition
Contract Period
Cover Recording
Delivery
Digital Distribution
Digital Phonorecord Delivery
Distribution Channel
Exclusive Recording Artist
Initial Period
Label Copy
Licensed Rights
Marketing Commitment
Master Recording
Mechanical License
Minimum Release Commitment
Net Income
Net Sales
Option Period
Original Composition
Performance Royalty
Permitted Name
Producer
Recording Costs
Recording Schedule
Recordings
Remix
Royalty Base Price
Royalty Rate
Singles
Sound Recording Copyright
Streaming
Territory
Third Party Licenses
Video Production
Works
Advances
Album
Artist
Artist's Recording Costs
Budget
Commercial Release
Company
Compositions
Controlled Composition
Contract Period
Cover Recording
Delivery
Digital Distribution
Digital Phonorecord Delivery
Distribution Channel
Exclusive Recording Artist
Initial Period
Label Copy
Licensed Rights
Marketing Commitment
Master Recording
Mechanical License
Minimum Release Commitment
Net Income
Net Sales
Option Period
Original Composition
Performance Royalty
Permitted Name
Producer
Recording Costs
Recording Schedule
Recordings
Remix
Royalty Base Price
Royalty Rate
Singles
Sound Recording Copyright
Streaming
Territory
Third Party Licenses
Video Production
Works
Clauses
Grant of Rights
Term and Territory
Recording Commitment
Delivery Requirements
Acceptance/Rejection
Recording Costs
Advances
Royalties
Accounting and Payment
Marketing and Promotion
Distribution
Mechanical Licenses
Digital Rights
Publishing Rights
Merchandising
Live Performance
Exclusivity
Name and Likeness
Warranties and Representations
Indemnification
Insurance
Assignment
Confidentiality
Non-Compete
Force Majeure
Termination
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Artist Conduct
Credit and Attribution
Audit Rights
Term and Territory
Recording Commitment
Delivery Requirements
Acceptance/Rejection
Recording Costs
Advances
Royalties
Accounting and Payment
Marketing and Promotion
Distribution
Mechanical Licenses
Digital Rights
Publishing Rights
Merchandising
Live Performance
Exclusivity
Name and Likeness
Warranties and Representations
Indemnification
Insurance
Assignment
Confidentiality
Non-Compete
Force Majeure
Termination
Notice
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Third Party Rights
Artist Conduct
Credit and Attribution
Audit Rights
Relevant Industries
Relevant Teams
Relevant Roles
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