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Record Label And Artist Contract Agreement Template for United States

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Key Requirements PROMPT example:

Record Label And Artist Contract Agreement

"I need a Record Label And Artist Contract Agreement for my indie rock band, with a focus on digital distribution rights and streaming revenue, and I want to ensure we maintain creative control while giving the label rights to distribute in North America only."

Document background
The Record Label and Artist Contract Agreement is a fundamental document in the U.S. music industry that defines the business relationship between recording artists and labels. This agreement is essential when an artist signs with a label for the production, distribution, and marketing of their music. It details rights assignments, recording commitments, compensation structures, and marketing obligations. The agreement must comply with U.S. federal copyright laws, state-specific entertainment regulations, and often includes provisions for digital distribution rights. It's particularly important for protecting both parties' interests and establishing clear expectations for the duration of the relationship.
Suggested Sections

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

2. Background: Context of the agreement and brief description of what each party brings to the relationship

3. Definitions: Key terms used throughout the agreement including 'Recording', 'Territory', 'Term', 'Net Profits', etc.

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

5. Term and Territory: Duration of the agreement and geographical scope of rights granted

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

7. Compensation: Royalty rates, advances, and payment terms

8. Warranties and Representations: Legal assurances from both parties

Optional Sections

1. 360 Rights: Additional rights beyond recording including merchandising, touring, and other revenue streams

2. Marketing Commitments: Specific promotional obligations of the label and minimum marketing guarantees

3. Artist Development: Label's commitment to artist development services and support for new or developing artists

4. Creative Control: Provisions regarding artistic control and approval rights for established artists

Suggested Schedules

1. Schedule A - Recording Requirements: Technical specifications for recordings and delivery requirements

2. Schedule B - Royalty Calculations: Detailed breakdown of royalty calculations, deductions, and payment terms

3. Schedule C - Minimum Marketing Commitment: Detailed marketing obligations, budgets, and promotional requirements

4. Schedule D - Controlled Composition Agreement: Terms and conditions for songs written or controlled by the artist

5. Schedule E - Producer Agreement: Standard terms and conditions for engagement of producers

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

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Industries

Copyright Act of 1976: Fundamental U.S. federal copyright law that governs the protection of creative works, including musical compositions and sound recordings

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online music distribution and streaming

Music Modernization Act 2018: Updates music licensing legislation for the digital age, including streaming services and mechanical licensing

Fair Labor Standards Act: Federal law establishing wage, overtime, and labor standards that may apply to artist agreements

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

California Seven-Year Rule: California Labor Code Section 2855 limiting personal service contracts to seven years, particularly relevant in entertainment contracts

Sherman Antitrust Act: Federal law prohibiting monopolistic business practices in the music industry

Right of Publicity Laws: State laws protecting an individual's right to control and profit from commercial use of their name, image, and likeness

SAG-AFTRA Regulations: Union regulations that may affect recording artists who also perform in other media

Mechanical Licensing Regulations: Rules governing the licensing of musical compositions for reproduction and distribution

State Privacy Laws: State-specific regulations protecting personal information and privacy rights

Royalty Payment Regulations: Laws and regulations governing the calculation, reporting, and payment of royalties to artists

Independent Contractor Classification: Federal and state laws determining whether an artist should be classified as an independent contractor or employee

Trademark Laws: Federal and state laws protecting brands, logos, and other distinctive marks used in music marketing

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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