The Exclusive Recording Agreement is a foundational document in the music industry, used when a record company seeks to secure exclusive rights to an artist's recorded performances. Under Belgian law, this agreement must comply with both civil code requirements and specific entertainment industry regulations, including EU directives on copyright and related rights. The document typically covers initial term length, recording commitments, advance payments, royalty structures, and various exploitation rights. It's particularly important in Belgium where artists enjoy specific legal protections and social security considerations. The agreement should address both traditional and digital exploitation rights, including streaming and new technology provisions, while ensuring compliance with Belgian competition law regarding exclusivity clauses.
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1. Parties: Identification of the record company and the artist/band, including full legal names 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, including 'Recording', 'Territory', 'Net Receipts', etc.
4. Grant of Rights: Exclusive rights granted to the record company, including recording, reproduction, and distribution rights
5. Term: Duration of the agreement, including initial period and options for extension
6. Recording Commitment: Number of recordings to be delivered, timing, and recording requirements
7. Recording Budget: Budget allocation for recordings, including studio costs, producer fees, and other production expenses
8. Advances: Details of advance payments to the artist, including amounts and recoupment terms
9. Royalties: Royalty rates for different formats and territories, including digital exploitation
10. Accounting and Payments: Terms for royalty calculations, statements, and payment schedules
11. Artist Obligations: Artist's commitments regarding exclusivity, promotion, and availability
12. Company Obligations: Record company's commitments regarding release, marketing, and promotion
13. Warranties and Representations: Warranties from both parties regarding rights, capacity, and authority
14. Termination: Grounds for termination and consequences of contract end
15. General Provisions: Standard legal clauses including governing law, notices, and entire agreement
1. Producer Engagement: Used when the record company has specific requirements about producer selection and engagement
2. Publishing Rights: Include when the deal includes publishing rights assignment or administration
3. Merchandising Rights: Added when the agreement covers merchandising rights exploitation
4. Live Performance Income: Include when the company takes a share of live performance revenue
5. Side Artist Provisions: Required for group agreements to address member changes and individual member obligations
6. Image Rights: Added when the company requires specific image rights exploitation
7. Social Media: Include when specific social media obligations and rights need to be addressed
8. NFT/Digital Assets: Added for agreements including rights related to NFTs or other digital assets
9. International Recording: Used when specific provisions for international recording sessions are needed
1. Schedule 1 - Recording Specifications: Technical requirements for recordings, including format, quality standards, and delivery specifications
2. Schedule 2 - Minimum Marketing Commitment: Detailed marketing and promotion commitments from the record company
3. Schedule 3 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods for different formats and territories
4. Schedule 4 - Approved Recording Budget: Detailed recording budget breakdown and approval procedures
5. Schedule 5 - Delivery Requirements: Specific requirements for delivered recordings, including artwork and metadata
6. Appendix A - Artist's Pre-existing Commitments: List of any pre-existing commitments that might affect the agreement
7. Appendix B - Restricted Territories: List of territories where rights are restricted or excluded
8. Appendix C - Producer Agreement Template: Standard form of producer agreement to be used
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