The Master Recording License Agreement is a crucial document used in the music industry when a rights holder (typically a record label, production company, or independent artist) grants permission to another party to use and exploit master recordings. Under Belgian law, this agreement must comply with both national legislation (particularly the Code of Economic Law) and EU directives concerning copyright and related rights. The document is essential for transactions involving the commercial exploitation of recorded music, covering aspects such as distribution rights, territory restrictions, financial terms, and quality control requirements. It's particularly relevant in the Belgian market where music licensing often involves cross-border transactions within the EU, requiring careful consideration of both domestic and European legal frameworks.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, confirmation of ownership of master recordings, and general purpose of the license
3. Definitions: Detailed definitions of key terms including 'Master Recordings', 'Territory', 'Term', 'Net Receipts', and other relevant terms
4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, and exploitation rights
5. Term and Territory: Duration of the agreement and geographical scope of the license
6. Financial Terms: Payment terms, advances, royalty rates, accounting periods, and payment methods
7. Delivery and Technical Requirements: Specifications for delivery of master recordings and associated materials
8. Quality Control: Standards for reproduction and distribution of the recordings
9. Marketing and Promotion: Requirements and restrictions regarding marketing of the recordings
10. Warranties and Representations: Warranties regarding ownership, right to license, and quality of recordings
11. Indemnification: Mutual indemnification obligations of the parties
12. Termination: Grounds for termination and post-termination obligations
13. Confidentiality: Obligations regarding confidential information
14. General Provisions: Standard clauses including notices, assignment, entire agreement, and governing law
1. Sub-Licensing Rights: Include when licensee is permitted to sub-license the recordings to third parties
2. Digital Distribution: Include specific provisions for digital platform distribution when relevant
3. Synchronization Rights: Include when licensing includes right to use recordings in audiovisual works
4. Neighboring Rights: Include when dealing with international exploitation requiring specific neighboring rights provisions
5. Artist Approval Rights: Include when artist retains certain approval rights over use of recordings
6. Minimum Marketing Commitment: Include when specific marketing investments are required from licensee
7. Territory Restrictions: Include detailed territory restrictions when license is limited to specific regions
8. Competition Compliance: Include specific provisions ensuring compliance with EU competition law when relevant
1. Schedule 1 - Master Recordings: List of all master recordings covered by the agreement, including recording details and ISRC codes
2. Schedule 2 - Technical Specifications: Detailed technical requirements for master recordings and delivery formats
3. Schedule 3 - Royalty Calculations: Detailed breakdown of royalty rates and calculation methods for different types of exploitation
4. Schedule 4 - Approved Territories: Detailed list of territories where license applies, including any specific restrictions
5. Schedule 5 - Marketing Requirements: Specific marketing and promotion requirements and guidelines
6. Schedule 6 - Reporting Templates: Templates for sales reports and royalty statements
7. Appendix A - Chain of Title: Documentation proving ownership of master recordings
8. Appendix B - Credit Requirements: Specific requirements for credits on packaging and promotional materials
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