This document template is specifically designed for situations where a record label seeks to enter into an Under Exclusive License To Record Label agreement with an artist or band under Irish law. It's particularly relevant for recording artists signing their first major deal or established artists entering new label relationships in Ireland. The agreement covers essential aspects including recording obligations, advance payments, royalty structures, and exploitation rights across various platforms and territories. It incorporates provisions compliant with Irish copyright law and EU regulations, while addressing modern digital distribution requirements. The document is structured to protect both parties' interests while facilitating commercial success in the current music industry landscape. It's adaptable for both domestic Irish market operations and international exploitation of recordings.
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1. Parties: Identification of the record label and the artist/band, including full legal names and addresses
2. Background: Context of the agreement, including artist's status and label's business
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of Rights: Exclusive rights granted to the label, including recording, distribution, and exploitation rights
5. Term: Duration of the agreement, including initial period and options for extension
6. Recording Commitment: Number of recordings required, delivery schedules, and recording specifications
7. Recording Budget: Budget allocation for recordings and related expenses
8. Royalties: Royalty rates, calculation methods, and payment terms
9. Advances: Amount and timing of advance payments and recoupment terms
10. Marketing and Promotion: Label's obligations regarding marketing and promotion of recordings
11. Artist Obligations: Artist's duties, including exclusivity, availability, and promotional activities
12. Intellectual Property: Ownership and protection of recordings and related intellectual property
13. Accounting and Audit Rights: Financial reporting requirements and artist's audit rights
14. Warranties and Indemnities: Representations and warranties from both parties
15. Termination: Grounds for termination and consequences
16. General Provisions: Standard contractual clauses including notices, assignment, and governing law
1. Producer Engagement: Terms for engaging producers, used when the label has specific producer requirements
2. Publishing Rights: Include when the deal includes publishing rights assignment
3. Merchandising Rights: Used when the label acquires merchandising rights
4. Touring Obligations: Include when the label has specific touring requirements or profit-sharing arrangements
5. Band Member Provisions: Required for groups to address member changes and individual obligations
6. Digital Platform Rights: Specific provisions for digital exploitation when needed beyond standard terms
7. Territory-Specific Terms: Include when different terms apply to different territories
8. Side Artist Restrictions: Used when controlling artist's appearances on other recordings
9. Name and Likeness Rights: Detailed provisions for using artist's name and image when extensive rights are required
1. Recording Specifications: Technical requirements for recordings
2. Minimum Commitment Details: Specific details of recording obligations and deadlines
3. Royalty Calculations: Detailed breakdown of royalty rates for different formats and territories
4. Permitted Professional Names: Approved artist/band names and variations
5. Advance Payment Schedule: Detailed schedule of advance payments and conditions
6. Restricted Acts: List of prohibited activities during the term
7. Producer Agreement Template: Standard form agreement for producers
8. Marketing Commitments: Detailed marketing and promotion obligations
9. Territory List: List of territories covered by the agreement and any specific terms
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