The Independent Record Label Contract is a crucial legal instrument used in the Philippine music industry when an independent record label wishes to sign an artist or band for recording and distribution of their music. This document is essential for establishing clear terms of collaboration while ensuring compliance with Philippine legislation, particularly the Intellectual Property Code and relevant provisions of the Civil Code. It covers key aspects such as recording obligations, ownership rights, royalty structures, marketing commitments, and distribution rights across both traditional and digital platforms. The agreement is particularly relevant in the current music industry landscape where independent labels play an increasingly significant role in artist development and music distribution. It provides necessary legal protection for both the label and the artist while allowing for the flexibility that characterizes independent music production and distribution.
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1. Parties: Identification of the Record Label and the Artist/Band
2. Background: Context of the agreement and brief description of both parties' business activities
3. Definitions: Definitions of key terms used throughout the agreement including 'Recordings', 'Territory', 'Net Profits', 'Royalties'
4. Term and Territory: Duration of the agreement and geographical scope of rights granted
5. Grant of Rights: Specific rights granted to the label including recording, distribution, and licensing rights
6. Recording Obligations: Minimum number of recordings, delivery requirements, and technical specifications
7. Ownership and Copyright: Clear statement of ownership rights over master recordings and related materials
8. Royalties and Payments: Payment terms, royalty rates, accounting periods, and audit rights
9. Marketing and Promotion: Label's obligations regarding promotion and marketing of recordings
10. Artist Obligations: Artist's commitments, including exclusivity terms and promotional duties
11. Warranties and Representations: Standard warranties about ownership rights and ability to enter agreement
12. Termination: Circumstances under which agreement can be terminated and consequences
13. Dispute Resolution: Process for resolving disputes, including jurisdiction and governing law
14. General Provisions: Standard boilerplate clauses including notices, assignment, and entire agreement
1. Digital Distribution Rights: Specific terms for digital platforms and streaming services, used when digital distribution is a significant focus
2. Merchandising Rights: Terms for merchandise production and sales, included when label will handle merchandising
3. Publishing Rights: Terms related to music publishing if the label will handle publishing rights
4. Live Performance Revenue: Terms regarding live performance revenue sharing, if applicable to the business model
5. Sync Licensing: Terms for synchronization licensing if the label will handle sync deals
6. International Distribution: Specific terms for international distribution, used when planning global distribution
7. Artist Development: Terms regarding artist development services if the label provides such services
8. Video Production: Terms regarding music video production if the label will be involved in video content
1. Schedule A - Recording Requirements: Detailed technical specifications for recordings, delivery formats, and quality standards
2. Schedule B - Royalty Calculations: Detailed breakdown of royalty rates for different distribution channels and territories
3. Schedule C - Marketing Commitments: Specific marketing and promotion commitments from the label
4. Schedule D - Approved Recording Costs: Budget and approved costs for recording production
5. Schedule E - Territory List: Detailed list of territories covered by the agreement
6. Schedule F - Digital Platforms: List of approved digital distribution platforms and specific terms
7. Appendix 1 - Artist Information: Detailed information about the artist/band members and their roles
8. Appendix 2 - Existing Recordings: List of any existing recordings and their ownership status
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