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Master Recording Agreement Template for Netherlands

A comprehensive agreement governed by Dutch law that establishes the legal and commercial relationship between a record label and recording artist for the production, ownership, and exploitation of sound recordings. The agreement covers essential aspects including recording obligations, ownership of masters, royalty arrangements, and exploitation rights, while complying with Dutch copyright law, neighboring rights legislation, and EU directives. It includes specific provisions for digital exploitation and addresses both traditional and modern distribution methods within the Dutch and international music market context.

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What is a Master Recording Agreement?

This Master Recording Agreement template is designed for use in the Netherlands, complying with Dutch copyright law and EU regulations. It serves as the primary contract between record labels and recording artists, establishing the framework for their professional relationship in creating and commercializing recorded music. The agreement is typically used when a record label wishes to secure exclusive recording services from an artist and obtain ownership or license rights to the resulting master recordings. It includes comprehensive provisions covering recording commitments, advances, royalties, exploitation rights, and marketing obligations, all structured within the Dutch legal framework. The document is essential for both major labels and independent record companies operating in the Netherlands, incorporating specific provisions for digital exploitation and neighboring rights protection as required under Dutch law.

What sections should be included in a Master Recording Agreement?

1. Parties: Identifies the record label and artist/band members as contracting parties

2. Background: Establishes context of the agreement and parties' intentions

3. Definitions: Defines key terms used throughout the agreement

4. Term and Territory: Specifies duration of the agreement and geographical scope

5. Recording Commitment: Details the minimum recording obligations and delivery requirements

6. Recording Process: Outlines recording procedures, approval rights, and production requirements

7. Grant of Rights: Specifies rights granted to the label including copyright assignments

8. Artist Obligations: Details artist's commitments, exclusivity terms, and promotional duties

9. Label Obligations: Outlines label's commitments regarding recording, release, and promotion

10. Royalties: Details royalty rates, calculation methods, and payment terms

11. Accounting: Specifies accounting procedures, statements, and audit rights

12. Warranties and Representations: Lists parties' warranties regarding capacity, rights ownership, etc.

13. Termination: Details circumstances and procedures for agreement termination

14. Post-Termination Rights: Specifies rights and obligations that survive termination

15. General Provisions: Contains standard legal clauses including governing law, notices, etc.

What sections are optional to include in a Master Recording Agreement?

1. Producer Appointment: Required when the label has right to appoint/approve producers

2. Recording Budget: Include when specific recording budgets are predetermined

3. 360 Rights: Used when label acquires rights beyond recorded music (merchandising, touring, etc.)

4. Artist's Company Provisions: Required when artist contracts through a loan-out company

5. Group Member Provisions: Necessary for bands to address member changes and individual obligations

6. Publishing Rights: Include when label acquires or administers publishing rights

7. Digital Distribution: Detailed digital exploitation terms if requiring specific attention

8. Marketing Commitments: Include when specific marketing obligations are predetermined

What schedules should be included in a Master Recording Agreement?

1. Schedule 1: Recording Specifications: Technical requirements for master recordings

2. Schedule 2: Minimum Recording Commitment: Detailed release schedule and recording requirements

3. Schedule 3: Royalty Rates: Comprehensive breakdown of royalty rates for different formats/uses

4. Schedule 4: Recording Budget: Detailed recording budget allocation if applicable

5. Schedule 5: Advance Schedule: Payment schedule for advances

6. Schedule 6: Producer Agreement: Standard producer agreement terms

7. Appendix A: Controlled Composition Terms: Terms for songs written/controlled by artist

8. Appendix B: Territory Exclusions: List of any excluded territories

9. Appendix C: Power of Attorney: Standard power of attorney for rights registration

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Netherlands

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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