The Music Release Agreement serves as the foundational contract between recording artists and record labels/distributors in South Africa's music industry. This document is essential when an artist or band is ready to commercially release their recordings through a record label or distribution company. It covers crucial aspects including copyright assignment or licensing, recording obligations, release commitments, royalty arrangements, and distribution rights. The agreement must comply with South African legislation, particularly the Copyright Act 98 of 1978 and the Performers Protection Act, while addressing modern digital distribution channels and international licensing requirements. It's typically used at the commencement of a recording relationship or for specific recording projects, providing clear guidelines for both parties' rights and obligations throughout the release process.
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1. Parties: Identification of the contracting parties - typically the artist/band and the record label/distributor
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of Rights: Specific rights being granted by the artist to the label/distributor, including recording, distribution, and licensing rights
5. Term and Territory: Duration of the agreement and geographical areas where rights are granted
6. Recording Obligations: Details of recording requirements, including number of tracks, quality standards, and delivery schedules
7. Release Commitment: Label's obligations regarding the release and promotion of recordings
8. Royalties and Payments: Detailed breakdown of royalty rates, payment terms, and accounting procedures
9. Intellectual Property Rights: Ownership and protection of copyrights and related intellectual property
10. Artist Warranties and Representations: Artist's guarantees regarding ownership and originality of works
11. Label Warranties and Representations: Label's guarantees regarding distribution and promotion capabilities
12. Termination: Circumstances and procedures for ending the agreement
13. General Provisions: Standard legal clauses including governing law, dispute resolution, and notices
1. Multiple Artist Provisions: Required when the agreement involves a group/band rather than a single artist
2. International Distribution: Additional terms for international release and distribution
3. Digital Platform Specific Terms: Special provisions for specific digital platforms or streaming services
4. Producer Rights: Required when addressing specific rights of music producers
5. Merchandising Rights: Optional section for merchandise creation and distribution rights
6. Publishing Rights: When publishing rights are included in addition to recording rights
7. Live Performance Obligations: If the agreement includes terms related to live performances
8. Video Production: Terms relating to music video production and rights
9. Sampling Clearance: Required when the recordings involve samples from other works
1. Schedule A - Recording Schedule: Detailed timeline for recording and delivery of tracks
2. Schedule B - Marketing and Promotion Plan: Outline of promotional activities and responsibilities
3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates for different distribution channels
4. Schedule D - Recording Budget: Breakdown of allocated recording budget and expenses
5. Schedule E - Minimum Recording Requirements: Technical specifications for recordings
6. Appendix 1 - List of Recordings: Detailed list of tracks covered under the agreement
7. Appendix 2 - Approved Recording Studios: List of pre-approved recording facilities
8. Appendix 3 - Territory Restrictions: Specific territorial limitations or requirements
Relevant legal definitions
Agreement
Artist
Recording
Master Recording
Sound Recording
Musical Work
Composition
Territory
Term
Release Date
Digital Distribution
Physical Distribution
Streaming
Download
Royalties
Net Receipts
Gross Receipts
Mechanical Rights
Performance Rights
Synchronization Rights
Digital Service Provider
Label
Distributor
Marketing
Promotion
Collection Society
Advance
Recoupment
Commercial Release
Recording Costs
Delivery
Minimum Commitment
Album
Single
EP
Music Video
Promotional Use
Third Party Platform
Publishing Rights
Neighboring Rights
Moral Rights
Sampling
Metadata
Release Schedule
Accounting Period
Statement of Account
Confidential Information
Intellectual Property Rights
Force Majeure
Material Breach
Net Sales
Artist
Recording
Master Recording
Sound Recording
Musical Work
Composition
Territory
Term
Release Date
Digital Distribution
Physical Distribution
Streaming
Download
Royalties
Net Receipts
Gross Receipts
Mechanical Rights
Performance Rights
Synchronization Rights
Digital Service Provider
Label
Distributor
Marketing
Promotion
Collection Society
Advance
Recoupment
Commercial Release
Recording Costs
Delivery
Minimum Commitment
Album
Single
EP
Music Video
Promotional Use
Third Party Platform
Publishing Rights
Neighboring Rights
Moral Rights
Sampling
Metadata
Release Schedule
Accounting Period
Statement of Account
Confidential Information
Intellectual Property Rights
Force Majeure
Material Breach
Net Sales
Clauses
Definitions
Grant of Rights
Term
Territory
Recording Obligations
Delivery Requirements
Release Commitment
Distribution Rights
Digital Rights
Licensing Rights
Royalties
Accounting
Payment Terms
Advances
Recoupment
Marketing and Promotion
Warranties and Representations
Intellectual Property
Copyright Assignment
Moral Rights
Artist Commitments
Exclusivity
Creative Control
Approval Rights
Third Party Platforms
Confidentiality
Non-Disclosure
Force Majeure
Termination
Default
Remedies
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Indemnification
Insurance
Relationship of Parties
Further Assurance
Grant of Rights
Term
Territory
Recording Obligations
Delivery Requirements
Release Commitment
Distribution Rights
Digital Rights
Licensing Rights
Royalties
Accounting
Payment Terms
Advances
Recoupment
Marketing and Promotion
Warranties and Representations
Intellectual Property
Copyright Assignment
Moral Rights
Artist Commitments
Exclusivity
Creative Control
Approval Rights
Third Party Platforms
Confidentiality
Non-Disclosure
Force Majeure
Termination
Default
Remedies
Assignment
Notices
Governing Law
Dispute Resolution
Entire Agreement
Severability
Amendment
Waiver
Indemnification
Insurance
Relationship of Parties
Further Assurance
Relevant Industries
Music
Entertainment
Media
Digital Distribution
Performing Arts
Copyright Licensing
Digital Media
Music Publishing
Recording Industry
Relevant Teams
Legal
Rights Management
Business Affairs
Artist & Repertoire
Digital Distribution
Publishing
Royalties & Accounting
Contract Administration
Relevant Roles
Music Industry Lawyer
A&R Manager
Rights Management Officer
Contract Administrator
Music Publishing Manager
Digital Distribution Manager
Legal Counsel
Artist Manager
Record Label Executive
Music Licensing Manager
Business Affairs Director
Copyright Administrator
Royalty Manager
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