The Band Agreement is a crucial legal document used when establishing or formalizing a musical group's business and creative relationship under Austrian law. This agreement becomes necessary when two or more musicians decide to form a professional band, whether they're just starting or formalizing an existing arrangement. The document addresses specific requirements of Austrian legislation, including the Austrian Civil Code (ABGB), Copyright Act, and Commercial Code (UGB). It covers essential aspects such as profit sharing, intellectual property rights, performance obligations, and member responsibilities. The Band Agreement is particularly important in Austria's music industry context, where specific regulations govern artistic performances, royalty collections through organizations like AKM, and social security requirements for artists. This document serves as both a preventive measure against future disputes and a roadmap for the band's professional operations.
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1. Parties: Identification of all band members and any relevant legal entities
2. Background: Brief history of the band's formation and purpose of the agreement
3. Definitions: Key terms used throughout the agreement
4. Band Membership: Criteria for membership, roles, and responsibilities of each member
5. Decision Making: Voting rights and procedures for band decisions
6. Intellectual Property Rights: Ownership and management of songs, recordings, band name, and other IP
7. Income and Expenses: Distribution of earnings and handling of band-related costs
8. Performance and Recording Commitments: Members' obligations regarding performances, recordings, and rehearsals
9. Band Assets: Ownership and use of equipment, vehicles, and other band property
10. Leaving and Joining: Procedures for members leaving and new members joining
11. Dissolution: Process for disbanding and distribution of assets
12. Dispute Resolution: Procedures for resolving conflicts between members
13. General Provisions: Standard legal clauses including governing law and amendments
1. Management and Representation: Include when the band has or plans to have professional management
2. Record Label Relationships: Include when the band has or anticipates record label contracts
3. Publishing Rights: Include detailed publishing terms when the band creates original material
4. Merchandising: Include when the band sells or plans to sell merchandise
5. Social Media and Online Presence: Include specific terms for managing digital presence
6. Side Projects: Include when members may pursue individual musical projects
7. Touring Provisions: Include detailed touring terms for actively touring bands
8. Session Musicians: Include when the band regularly employs session musicians
1. Schedule A - Member Details: Personal and contact information for each member
2. Schedule B - Existing Intellectual Property: List of songs, recordings, and other IP owned prior to agreement
3. Schedule C - Equipment Inventory: List of band-owned equipment and individual member contributions
4. Schedule D - Revenue Sharing Formula: Detailed breakdown of income distribution percentages
5. Schedule E - Band Logo and Artwork: Official band logos, artwork, and usage guidelines
6. Appendix 1 - Voting Procedures: Detailed procedures for band decisions and voting
7. Appendix 2 - Performance Requirements: Specific obligations for rehearsals and performances
8. Appendix 3 - Approved Side Projects: List of pre-approved individual member projects
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Music
Media
Performing Arts
Creative Industries
Events Management
Digital Media
Recording Industry
Publishing
Live Entertainment
Relevant Teams
Legal
Business Affairs
Artist Relations
Copyright Administration
Royalty Administration
Contract Administration
Entertainment Law
Music Publishing
Artist Management
Talent Management
Relevant Roles
Music Attorney
Entertainment Lawyer
Band Manager
Artist Manager
Music Producer
A&R Representative
Business Affairs Manager
Copyright Administrator
Performing Rights Administrator
Contract Administrator
Legal Counsel
Music Industry Consultant
Band Member
Professional Musician
Music Business Manager
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