The Recording License Agreement is a vital legal instrument in the Indian music industry, used when a rights holder grants permission to another party to use, reproduce, or distribute sound recordings. This agreement is particularly relevant in India's rapidly evolving digital music landscape and must comply with the Indian Copyright Act, 1957, and the Copyright Rules, 2013. It's essential when licensing music for various purposes including streaming platforms, physical distribution, broadcasting, or inclusion in audiovisual productions. The document addresses specific Indian market considerations such as territorial restrictions, mandatory royalty provisions, and the role of copyright societies, while incorporating provisions for both traditional and digital exploitation of recordings. This agreement type is crucial for protecting intellectual property rights while enabling commercial exploitation of sound recordings in the Indian entertainment sector.
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Key Requirements PROMPT example:
Recording License Agreement
"I need a Recording License Agreement for an independent record label in Mumbai to license their catalog of 200 classical music recordings to a digital streaming platform, with worldwide rights and a revenue share model starting from March 2025."
1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, including ownership confirmation of the recordings and purpose of the license
3. Definitions: Detailed definitions of key terms including 'Recording', 'Territory', 'Term', 'Net Revenue', 'Distribution Channels', etc.
4. Grant of Rights: Specific rights being licensed, including reproduction, distribution, and exploitation rights
5. Territory and Term: Geographic scope of the license and duration of the agreement
6. Financial Terms: License fees, royalty rates, payment terms, accounting, and audit rights
7. Delivery and Technical Requirements: Specifications for delivery of recordings, format requirements, and quality standards
8. Usage and Restrictions: Permitted uses, restrictions, and any reserved rights
9. Quality Control: Standards for reproduction and distribution, approval processes
10. Warranties and Representations: Standard warranties regarding ownership, authority to license, and non-infringement
11. Indemnification: Mutual indemnification obligations for breach of warranties or agreement terms
12. Confidentiality: Protection of confidential information shared during the agreement
13. Termination: Grounds for termination, notice requirements, and post-termination obligations
14. General Provisions: Standard boilerplate clauses including notices, assignment, governing law, etc.
1. Marketing and Promotion: Obligations and restrictions regarding marketing of the recordings - include when licensee has promotional rights
2. Sub-licensing Rights: Terms for sub-licensing - include when licensee is permitted to sub-license
3. Digital Rights Management: DRM requirements - include for digital distribution licenses
4. Minimum Guarantee: Minimum payment guarantees - include for exclusive licenses or major territory deals
5. Creative Control: Approval rights over edits or modifications - include when modifications are permitted
6. Performance Rights: Terms regarding public performance - include if public performance rights are included
7. Synchronization Rights: Terms for sync licensing - include if sync rights are being granted
8. Moral Rights: Protection of moral rights - include for jurisdictions where relevant
1. Schedule 1 - Licensed Recordings: Detailed list of all recordings covered by the license, including metadata
2. Schedule 2 - Technical Specifications: Detailed technical requirements for master recordings and delivery formats
3. Schedule 3 - Territory Details: Specific definition of territories and any territory-specific terms
4. Schedule 4 - Royalty Rates: Detailed breakdown of royalty rates by format, territory, and distribution channel
5. Schedule 5 - Reporting Requirements: Templates and specifications for royalty reporting
6. Schedule 6 - Marketing Guidelines: Guidelines for marketing and promotion if applicable
7. Appendix A - Sample Royalty Statement: Template for royalty statements and calculations
8. Appendix B - Approved Distribution Channels: List of approved digital and physical distribution channels
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music & Recording
Digital Entertainment
Media & Broadcasting
Film & Television
Live Entertainment
Digital Technology
Mobile Applications
Advertising
Gaming
Retail & Merchandising
Relevant Teams
Legal
Business Affairs
Rights Management
Digital Distribution
Content Acquisition
Royalty Administration
Business Development
Copyright Administration
Artist Relations
Finance
Relevant Roles
Music Licensing Manager
Legal Counsel
Rights Management Director
Business Development Manager
A&R Manager
Digital Distribution Manager
Copyright Administrator
Royalty Manager
Content Acquisition Manager
Music Publisher
Record Label Executive
Entertainment Lawyer
Licensing Coordinator
Contract Administrator
IP Rights Manager
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