Document background
The Exclusive Recording Agreement is a fundamental contract in the South African music industry, used when a record label wishes to secure exclusive recording services from an artist or band. This agreement is essential for establishing the commercial and creative relationship between the parties, typically covering an initial period with options for extension. The document must comply with South African copyright law, particularly the Copyright Act 98 of 1978 and the Performers' Protection Act 11 of 1967. It details recording commitments, ownership of masters, royalty structures, and various exploitation rights including digital distribution. The agreement is particularly important in the South African context where the music industry has unique local considerations and rapidly evolving digital markets. It serves as the primary commercial instrument defining the artist-label relationship and protecting both parties' interests in the recorded material.
