The Sound Recording License Agreement is a crucial legal instrument used in the Indian entertainment and music industry when a rights holder wishes to grant permission to another party to use, reproduce, or distribute sound recordings. This agreement is essential for compliance with Indian copyright law, particularly the Copyright Act, 1957, and its subsequent amendments. It is commonly used when record labels license their catalog to streaming platforms, when independent artists grant rights to publishers, or when production companies seek to use recordings in their content. The document typically covers essential elements such as grant of rights, territory, duration, royalty structures, delivery specifications, and quality control requirements. It also addresses modern digital distribution needs and various exploitation methods while protecting the interests of all parties involved.
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1. Parties: Identification of the licensor (rights holder) and licensee, including full legal names and addresses
2. Background: Context of the agreement, including ownership of the sound recordings and purpose of the license
3. Definitions: Detailed definitions of key terms including 'Sound Recordings', 'Territory', 'Term', 'Net Revenue', and other relevant terms
4. Grant of Rights: Scope of the license, including specific rights granted, territory, and term
5. Exclusivity: Whether the license is exclusive or non-exclusive and any limitations
6. Term and Termination: Duration of the agreement, renewal terms, and circumstances for termination
7. Payment Terms: License fees, royalties, payment schedule, and accounting provisions
8. Delivery and Technical Requirements: Format and specifications for sound recording delivery
9. Quality Control: Standards for reproduction and distribution of the sound recordings
10. Representations and Warranties: Parties' warranties regarding rights ownership and authority to enter agreement
11. Credit and Attribution: Requirements for crediting artists and copyright notices
12. Confidentiality: Protection of confidential information shared during the agreement
13. Indemnification: Mutual indemnification provisions for breach of warranties or third-party claims
14. General Provisions: Standard legal provisions including governing law, notices, and assignment
1. Digital Distribution Rights: Specific provisions for digital platforms and streaming services
2. Sub-licensing Rights: Terms for allowing licensee to sub-license the recordings to third parties
3. Synchronization Rights: Rights to use recordings in audiovisual productions
4. Mechanical Rights: Rights for physical reproduction of recordings
5. Territory Restrictions: Specific limitations or requirements for different territories
6. Marketing and Promotion: Terms regarding promotional use and marketing requirements
7. Minimum Guarantee: Minimum payment guarantees and related terms
8. Performance Rights: Terms regarding public performance of the recordings
9. Moral Rights: Protection of moral rights of performers and authors
1. Schedule A - Licensed Sound Recordings: Detailed list of all sound recordings covered by the agreement
2. Schedule B - Technical Specifications: Technical requirements for sound recording formats and quality standards
3. Schedule C - Payment Terms: Detailed royalty rates, payment calculations, and reporting requirements
4. Schedule D - Territory List: Detailed list of territories covered by the license
5. Schedule E - Approved Distribution Platforms: List of approved platforms for distribution if applicable
6. Appendix 1 - Copyright Registration Certificates: Copies of copyright registration certificates for the sound recordings
7. Appendix 2 - Artist Agreements: References to or copies of relevant artist agreements confirming rights clearance
Relevant legal definitions
Clauses
Relevant Industries
Entertainment
Media
Music Industry
Digital Media
Broadcasting
Film Production
Advertising
Digital Content
Technology
Performing Arts
Relevant Teams
Legal
Business Affairs
Rights Management
Content Acquisition
Music Licensing
Digital Distribution
Copyright Administration
Artist & Repertoire
Production
Business Development
Relevant Roles
Legal Counsel
Music Rights Manager
Licensing Executive
A&R Manager
Content Acquisition Manager
Business Affairs Director
Copyright Administrator
Music Supervisor
Digital Rights Manager
Contracts Manager
Legal Director
IP Rights Manager
Music Publisher
Record Label Executive
Production Manager
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