The Digital Music Distribution Agreement is essential for managing the relationship between music rights holders and digital distributors in the modern music industry. Governed by English and Welsh law, this agreement is typically used when a rights holder wants to make their music available through digital platforms and streaming services. It covers crucial aspects such as distribution rights, revenue sharing, content delivery specifications, and reporting requirements. The agreement must comply with UK copyright law, data protection regulations, and digital commerce requirements, making it a fundamental tool for protecting intellectual property rights and establishing clear commercial terms in the digital music ecosystem.
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1. Parties: Identification of the rights holder/licensor and the distributor
2. Background: Context of the agreement and brief description of parties' business activities
3. Definitions: Key terms used throughout the agreement including Digital Content, Territory, Net Revenue, etc.
4. Grant of Rights: Scope of distribution rights being granted, including territory and platform specifications
5. Term and Termination: Duration of agreement and circumstances for termination
6. Financial Terms: Revenue sharing, payment terms, accounting periods, and audit rights
7. Delivery and Technical Requirements: Format specifications and delivery methods for content
8. Representations and Warranties: Legal assurances regarding rights ownership and content
1. Marketing and Promotion: Terms regarding promotional activities and obligations for both parties
2. Exclusivity Provisions: Terms regarding exclusive distribution rights and territorial restrictions
3. Territory-Specific Requirements: Special provisions and compliance requirements for specific territories
4. Sub-licensing Rights: Terms regarding the ability to sub-license and engage sub-distributors
1. Schedule 1 - Content Catalogue: List of musical works covered by the agreement
2. Schedule 2 - Technical Specifications: Detailed technical requirements for content delivery
3. Schedule 3 - Revenue Share Calculations: Detailed breakdown of revenue sharing arrangements
4. Schedule 4 - Approved Platforms: List of authorized distribution platforms
5. Schedule 5 - Reporting Requirements: Templates and specifications for regular reporting
Relevant legal definitions
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