The Band Agreement serves as the foundational legal document for musical groups operating in India, establishing clear guidelines for their professional relationship and business operations. This document becomes essential when musicians decide to formalize their collaboration, typically when the band starts generating revenue or before signing with labels or publishers. The agreement, governed by Indian law including the Contract Act 1872 and Copyright Act 1957, addresses crucial aspects such as ownership of creative works, revenue distribution, decision-making processes, and member obligations. It helps prevent future disputes by clearly defining each member's rights and responsibilities, making it a vital tool for professional musicians and their representatives.
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1. Parties: Identification of all current band members with their full legal names and addresses
2. Background: Brief history of the band's formation and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including 'Band Property', 'Musical Works', 'Revenue', etc.
4. Band Membership: Details of current membership status and roles of each member
5. Band Name Ownership: Ownership and usage rights of the band's name and associated trademarks
6. Creative Control: Decision-making process for artistic and creative matters
7. Copyright and Intellectual Property: Ownership and management of songs, recordings, and other creative works
8. Revenue Sharing: Distribution of income from performances, recordings, merchandise, and other sources
9. Management and Control: Decision-making process for business matters and day-to-day operations
10. Commitments and Obligations: Members' duties, time commitment, and performance obligations
11. Expenses and Financial Management: Handling of band expenses, investments, and financial decisions
12. Termination: Conditions and process for terminating the agreement
13. Dispute Resolution: Process for resolving disagreements between band members
14. Governing Law: Specification of Indian law as governing law and jurisdiction
1. Band Member Exit Provisions: Detailed procedures for voluntary or involuntary departure of band members
2. New Member Integration: Process for adding new members to the band
3. Side Projects: Rules regarding members' participation in other musical projects
4. Equipment Ownership: Ownership and usage rights of band equipment and instruments
5. Social Media and PR: Management of band's social media accounts and public relations
6. Recording Projects: Specific arrangements for studio recordings and releases
7. Tour Arrangements: Specific provisions for touring and live performances
8. Merchandising Rights: Specific arrangements for merchandise creation and profit sharing
9. Death or Incapacity: Procedures in case of death or incapacity of a band member
1. Schedule A - Existing Musical Works: List of all songs and recordings created prior to the agreement
2. Schedule B - Band Assets: Inventory of band-owned equipment, instruments, and other assets
3. Schedule C - Revenue Sharing Formula: Detailed breakdown of revenue sharing percentages for different income streams
4. Schedule D - Trademark and Logo Specifications: Details of band's trademarks, logos, and brand guidelines
5. Schedule E - Current Commitments: List of existing contracts, performance commitments, and obligations
6. Appendix 1 - Member Contact Details: Complete contact information for all band members
7. Appendix 2 - Band Member Roles: Detailed description of each member's musical and administrative roles
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