A Recording Licence Agreement is essential when one party wishes to legally use sound recordings owned by another. Under English and Welsh law, this agreement sets out the specific terms of use, including territorial restrictions, duration, permitted uses, and financial arrangements. It's particularly important for ensuring compliance with the Copyright, Designs and Patents Act 1988 and protecting both parties' interests in the commercial exploitation of recorded music.
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1. Parties: Identification of licensor and licensee with full legal details
2. Background: Context of the agreement and ownership status of recordings
3. Definitions: Key terms including 'Recordings', 'Territory', 'Term', 'Licence Fee'
4. Grant of Rights: Scope of licence, permitted uses, and restrictions
5. Term and Territory: Duration of licence and geographical scope
6. Payments: Licence fees, royalties, and payment terms
7. Warranties and Representations: Standard warranties regarding ownership and right to license
8. Termination: Circumstances for termination and consequences
1. Quality Control: Standards for reproduction and use of recordings - include when licensor wants to maintain quality standards
2. Sub-licensing: Rights and restrictions on sub-licensing - include if sub-licensing is to be permitted
3. Minimum Guarantees: Minimum payment or usage requirements - include for commercial exploitation licenses
1. Schedule 1 - The Recordings: List of licensed recordings with details
2. Schedule 2 - Permitted Uses: Detailed description of allowed uses and formats
3. Schedule 3 - Fee Schedule: Detailed breakdown of fees and royalty calculations
4. Schedule 4 - Technical Specifications: Technical requirements for using recordings
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