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Exclusive Recording Agreement
1. Parties: Identification of the record company and artist, including legal names and addresses
2. Background: Context of the agreement, artist's status, and general purpose of the contract
3. Definitions: Key terms used throughout the agreement, including Territory, Recordings, Album, Single, etc.
4. Grant of Rights: Scope of rights transferred to the record company, including recording, distribution, and exploitation rights
5. Term and Territory: Duration of the agreement and geographical scope of the rights granted
6. Recording Commitment: Minimum recording obligations, delivery requirements, and technical specifications
7. Recording Process: Details about studio selection, producer appointment, and recording approval process
8. Financial Terms: Royalty rates, advances, recording budgets, and payment terms
9. Accounting and Audit Rights: Royalty accounting procedures, statement frequency, and audit provisions
10. Marketing and Promotion: Obligations regarding promotion, touring, and publicity appearances
11. Warranties and Representations: Artist's guarantees regarding rights ownership and ability to enter agreement
12. Breach and Termination: Conditions for termination and consequences of breach
13. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Artist Development: Used when dealing with new artists requiring specific development support
2. 360 Rights: Include when the deal extends beyond recording rights to merchandising, publishing, or touring
3. Producer Agreement: Required when the artist is also acting as producer of their recordings
4. Group Provisions: Include when contracting with a band rather than solo artist
5. Synch Rights: Detailed section on synchronization rights when this is a significant focus
6. Digital Distribution: Specific provisions for digital platforms when requiring detailed treatment
7. Minimum Marketing Commitment: Include when artist negotiates specific marketing guarantees
8. Key Person Clause: Used when artist requires ability to terminate if specific label executives leave
1. Schedule 1 - Recording Specifications: Technical requirements for master recordings
2. Schedule 2 - Approved Recording Budget: Detailed recording budget breakdown and parameters
3. Schedule 3 - Royalty Calculations: Detailed royalty rates for different formats and territories
4. Schedule 4 - Delivery Requirements: Specific requirements for delivered recordings and associated materials
5. Schedule 5 - Producer Agreement Template: Standard form producer agreement if applicable
6. Schedule 6 - Permitted Team Members: List of approved producers, engineers, and other key personnel
7. Appendix A - Marketing Plan: Initial marketing strategy and commitments
8. Appendix B - Release Schedule: Planned timeline for recordings and releases
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