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Exclusive Recording Agreement Template for India

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Key Requirements PROMPT example:

Exclusive Recording Agreement

"I need an Exclusive Recording Agreement for a new solo artist based in Mumbai, with a three-album deal starting January 2025, including digital distribution rights across South Asia and specific provisions for social media content creation."

Document background
The Exclusive Recording Agreement is a fundamental contract in the Indian music industry, used when a record label wishes to secure exclusive recording services from an artist or band. This agreement is essential for establishing professional recording relationships and is governed by Indian law, particularly the Copyright Act, 1957, and the Indian Contract Act, 1872. It typically covers multiple album deals or specific recording commitments, detailing everything from advance payments and royalty structures to marketing commitments and digital distribution rights. The document is particularly important in India's rapidly evolving music market, where digital platforms and traditional distribution channels coexist. It includes provisions for both physical and digital exploitation of recordings, international distribution rights, and artist's promotional obligations, while ensuring compliance with Indian performing rights regulations and digital rights management requirements.
Suggested Sections

1. Parties: Identification of the record label and artist(s), including legal names and addresses

2. Background: Context of the agreement, artist's status, and parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Grant of Rights: Exclusive rights granted to the label, including recording, distribution, and exploitation rights

5. Term: Duration of the agreement, including initial period and options for extension

6. Recording Commitment: Number of recordings required, delivery schedules, and technical specifications

7. Recording Budget: Financial arrangements for recording, including advances and recording costs

8. Royalties: Royalty rates, calculation methods, and payment terms

9. Accounting and Payments: Reporting periods, statement requirements, and audit rights

10. Marketing and Promotion: Label's obligations regarding promotion and marketing of recordings

11. Artist Obligations: Artist's commitments, including exclusivity, availability, and promotional duties

12. Warranties and Representations: Artist and label warranties regarding rights, capacity, and non-infringement

13. Termination: Grounds for termination and consequences

14. Governing Law and Jurisdiction: Application of Indian law and jurisdiction for disputes

15. General Provisions: Standard clauses including notices, assignment, and entire agreement

Optional Sections

1. Producer Arrangements: Used when specific producer arrangements need to be incorporated into the main agreement

2. Group Provisions: Required for agreements with bands or groups, covering member changes and individual obligations

3. Publishing Rights: Included when the label also acquires publishing rights

4. Merchandising Rights: Optional section for merchandising rights if granted to the label

5. International Distribution: Specific provisions for international territory rights and obligations

6. Digital Distribution: Detailed provisions for digital platforms and new technology

7. Name and Likeness Rights: Detailed provisions for use of artist's name, image, and biographical material

8. Minimum Marketing Commitment: Used when specific marketing commitments are negotiated

9. Artist's Creative Control: Optional provisions for artist's approval rights over recordings and artwork

Suggested Schedules

1. Schedule A - Recording Specifications: Technical requirements for recordings, including format and quality standards

2. Schedule B - Minimum Recording Commitment: Detailed breakdown of recording obligations and delivery dates

3. Schedule C - Advance Schedule: Payment schedule for advances and recording budgets

4. Schedule D - Royalty Calculations: Detailed royalty rates for different formats and territories

5. Schedule E - Restricted Acts: List of activities prohibited during the exclusivity period

6. Schedule F - Approved Recording Studios: List of pre-approved studios for recording

7. Appendix 1 - Power of Attorney: Standard power of attorney for copyright registration and protection

8. Appendix 2 - Producer Agreement Template: Standard form of producer agreement to be used

9. Appendix 3 - Recording Budget Template: Standard format for recording budget proposals

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


















































Clauses









































Relevant Industries

Music Industry

Entertainment

Media & Broadcasting

Digital Media

Live Entertainment

Music Publishing

Digital Distribution

Music Production

Performing Arts

Relevant Teams

Legal

Artist & Repertoire

Business Affairs

Rights Management

Royalties

Digital Distribution

Marketing

Finance

Business Development

Production

Publishing

Relevant Roles

Legal Counsel

A&R Manager

Business Affairs Manager

Artist Manager

Music Producer

Recording Artist

Contract Administrator

Rights Manager

Royalty Manager

Business Development Manager

Music Publishing Manager

Digital Distribution Manager

Marketing Director

Finance Manager

CEO/Managing Director

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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