The Recording Agreement serves as the foundational document establishing the professional relationship between record labels and recording artists in Austria. It is typically used when a record label wishes to secure exclusive rights to an artist's recordings and oversee their commercial exploitation. The agreement must comply with Austrian legal requirements, particularly the Urheberrechtsgesetz (Copyright Act) and ABGB (Civil Code), while addressing modern digital distribution channels and exploitation methods. This comprehensive contract covers essential aspects including recording obligations, budget allocation, royalty structures, marketing commitments, and rights assignment. The Recording Agreement is particularly crucial in the Austrian market as it must balance local legal requirements with international music industry standards, especially considering Austria's position within the EU market.
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1. Parties: Identification of the record company and the artist/band, including legal status and addresses
2. Background: Context of the agreement and brief description of the parties' intentions
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Term and Territory: Duration of the agreement and geographical scope of rights granted
5. Recording Commitment: Number of recordings to be delivered and recording requirements
6. Recording Budget: Financial arrangements for recording, including budget allocation and payment terms
7. Delivery Requirements: Technical specifications and delivery format requirements for recordings
8. Rights Granted: Specific rights being transferred to the record company, including exploitation rights
9. Royalties: Detailed royalty calculations, rates, and payment terms
10. Accounting and Auditing: Requirements for financial reporting and artist's audit rights
11. Marketing and Promotion: Obligations regarding promotion and marketing of recordings
12. Name and Likeness: Usage rights for artist's name, image, and biographical materials
13. Warranties and Representations: Legal guarantees provided by both parties
14. Termination: Conditions and procedures for ending the agreement
15. General Provisions: Standard legal clauses including notices, amendments, and governing law
1. Producer Appointment: Terms for producer engagement if the record company is appointing a specific producer
2. Publishing Rights: If the agreement includes publishing rights assignment or administration
3. Merchandising Rights: If merchandising rights are being granted to the record company
4. Live Performance Obligations: If the agreement includes requirements for live performances
5. Video Production: Terms for music video production if included in the agreement
6. Digital Distribution: Specific terms for digital platforms and social media if separately addressed
7. Minimum Marketing Commitment: If specific marketing investments are guaranteed by the label
8. Band Member Provisions: Special provisions for bands regarding member changes and individual obligations
1. Schedule A - Recording Schedule: Detailed timeline for recording and delivery of albums/singles
2. Schedule B - Technical Specifications: Detailed technical requirements for recordings
3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates for different formats and territories
4. Schedule D - Controlled Composition Rules: Terms for songs written by the artist that are recorded under the agreement
5. Schedule E - Producer Agreement: Standard form of producer agreement if applicable
6. Appendix 1 - Band Member Agreements: Individual band member commitments and acknowledgments
7. Appendix 2 - Mechanical License Template: Standard form for mechanical licensing of compositions
8. Appendix 3 - Marketing Plan Template: Framework for marketing and promotion plans
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