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Recording Agreement Template for Belgium

A Recording Agreement under Belgian law establishes the legal relationship between a record label and a recording artist or band for the production, distribution, and exploitation of musical recordings. This agreement, governed by Belgian civil law and relevant EU regulations, outlines the rights and obligations of both parties, including recording commitments, ownership of master recordings, royalty structures, and exploitation rights. It incorporates specific provisions required under Belgian copyright law (Code of Economic Law, Book XI) and addresses both traditional and digital distribution channels while ensuring compliance with EU directives on copyright and related rights.

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What is a Recording Agreement?

The Recording Agreement is a fundamental contract in the music industry, used when a record label wishes to engage an artist or band for the purpose of creating and commercializing recorded music. Under Belgian law, this agreement must comply with both national legislation (particularly the Code of Economic Law, Book XI) and European Union regulations governing copyright and related rights. The document covers essential aspects such as recording obligations, ownership of masters, royalty calculations, and exploitation rights across various platforms. It's particularly important to note that Belgian law provides specific protections for artists' rights and requires certain mandatory provisions regarding fair remuneration and moral rights. The Recording Agreement should be customized based on whether the artist is new or established, the scope of rights granted, and the intended distribution territories, while ensuring compliance with Belgian collective management organizations' requirements.

What sections should be included in a Recording Agreement?

1. Parties: Identification of the record label and artist/band members, including their legal status and addresses

2. Background: Context of the agreement, including artist's current status and parties' intentions

3. Definitions: Detailed definitions of technical and legal terms used throughout the agreement

4. Grant of Rights: Scope of rights 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, delivery schedules, and technical specifications

7. Recording Process: Details of recording arrangements, producer selection, and approval rights

8. Financial Terms: Advances, royalty rates, payment schedules, and accounting provisions

9. Marketing and Promotion: Label's obligations regarding marketing, promotion, and distribution

10. Artist Obligations: Artist's commitments regarding exclusivity, promotional activities, and performance requirements

11. Warranties and Indemnities: Legal guarantees and protections from both parties

12. Termination: Conditions for ending the agreement and consequences of termination

13. General Provisions: Standard legal clauses including notices, governing law, and dispute resolution

What sections are optional to include in a Recording Agreement?

1. Digital Distribution: Specific terms for digital platforms and streaming services - include for modern recording agreements

2. Merchandising Rights: Terms for merchandise production and sales - include if label will handle merchandising

3. Publishing Rights: Terms related to music publishing - include if label will handle publishing rights

4. Artist's Creative Control: Provisions for artist's involvement in creative decisions - typically for established artists

5. International Distribution: Specific terms for international markets - include for international artists

6. Sample Clearance: Procedures for clearing samples - include if relevant to artist's genre/style

7. Side Artist Appearances: Terms for guest appearances - include for collaborative artists

8. Video Production: Terms for music video production - include if label will produce videos

9. NFT and Virtual Rights: Terms for digital assets and virtual content - include for digital-focused deals

What schedules should be included in a Recording Agreement?

1. Schedule A - Recording Specifications: Technical requirements for recordings, including format and quality standards

2. Schedule B - Minimum Recording Commitment: Detailed schedule of required recordings and delivery dates

3. Schedule C - Royalty Calculations: Detailed breakdown of royalty rates for different formats and territories

4. Schedule D - Permitted Deductions: List of authorized deductions from royalty calculations

5. Schedule E - Marketing Commitments: Specific marketing and promotion commitments from the label

6. Schedule F - Approved Recording Budget: Detailed recording budget and cost allocation

7. Schedule G - Artist's Pre-existing Commitments: List of any pre-existing obligations or contracts

8. Appendix 1 - Artist Brand Guidelines: Guidelines for use of artist's name and likeness

9. Appendix 2 - Digital Platform Requirements: Technical specifications for digital distribution

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Document Type

Music Agreement

Sector

Personal

Cost

Free to use

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