The Side Artist Agreement With Royalty is a crucial document in the Indian entertainment industry, designed to protect both producers and performing artists while ensuring fair compensation and rights distribution. This agreement is typically used when engaging supporting musicians, backup singers, or session artists for recordings, live performances, or other entertainment productions. It incorporates provisions compliant with Indian copyright law, including the 2012 amendments regarding performers' rights, and addresses both upfront payment and ongoing royalty arrangements. The document is particularly relevant in the context of India's growing entertainment industry, where the rights of supporting artists have gained increasing recognition and protection under law. It includes comprehensive terms for service delivery, quality standards, intellectual property rights, and payment structures, while ensuring compliance with local tax regulations and industry standards.
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1. Parties: Identification of the main parties - the Company/Producer and the Side Artist
2. Background: Context of the agreement, including the project or production details
3. Definitions: Key terms used throughout the agreement including 'Services', 'Recordings', 'Royalties', etc.
4. Scope of Services: Detailed description of the artistic services to be provided
5. Term and Scheduling: Duration of the agreement and timing of services
6. Compensation and Royalties: Base fee structure and royalty calculation methodology
7. Payment Terms: Timeline and method of payments for both fees and royalties
8. Rights and Ownership: Intellectual property rights allocation and licensing terms
9. Artist's Obligations: Specific duties, commitments, and quality standards
10. Company's Obligations: Producer's commitments regarding promotion, credit, etc.
11. Exclusivity and Non-Compete: Restrictions on artist's other engagements
12. Representations and Warranties: Standard legal assurances from both parties
13. Termination: Conditions for ending the agreement
14. Confidentiality: Protection of sensitive information
15. General Provisions: Standard boilerplate clauses including governing law, notices, etc.
1. International Rights: Include when services or distributions may extend internationally
2. Digital Platform Rights: Add for specific digital distribution arrangements
3. Merchandise Rights: Include if merchandising opportunities are anticipated
4. Union Compliance: Required if artist is part of a union or guild
5. Travel and Expenses: Include if significant travel or expenses are expected
6. Insurance Requirements: Add when specific insurance coverage is needed
7. Moral Rights Waiver: Include for jurisdictions where moral rights are recognized
8. Force Majeure: Add detailed clause when working in volatile conditions
1. Schedule A - Services Description: Detailed breakdown of artistic services and deliverables
2. Schedule B - Compensation Structure: Detailed fee and royalty calculations, including percentage breakdowns
3. Schedule C - Recording Schedule: Timeline of recording sessions and deliverables
4. Schedule D - Credit Requirements: Specific requirements for artist credits in various media
5. Appendix 1 - Approved Third-Party Uses: List of pre-approved ways the recordings can be used
6. Appendix 2 - Technical Requirements: Technical specifications for recordings and performances
7. Appendix 3 - Marketing Guidelines: Guidelines for using artist's name and likeness in promotion
Authors
Relevant legal definitions
Clauses
Relevant Industries
Music Industry
Entertainment
Media Production
Film Industry
Television Production
Advertising
Gaming Industry
Digital Media
Live Entertainment
Recording Industry
Relevant Teams
Legal
Business Affairs
Artist Relations
Rights Management
Finance
Royalty Administration
Production
Studio Operations
Content Acquisition
Talent Management
Relevant Roles
Music Producer
Legal Counsel
Artists and Repertoire (A&R) Manager
Talent Manager
Contract Administrator
Rights Manager
Studio Manager
Production Coordinator
Business Affairs Manager
Finance Manager
Royalty Administrator
Content Acquisition Manager
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