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Band Agreement for the United States

Band Agreement Template for United States

A Band Agreement is a legally binding document under U.S. law that establishes the rights, responsibilities, and relationships between members of a musical group. It covers crucial aspects such as ownership of intellectual property, revenue sharing, decision-making processes, and procedures for member changes. The agreement typically incorporates both federal copyright law and state-specific contract laws, providing a framework for the band's business operations and creative collaborations.

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Band Agreement

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What is a Band Agreement?

The Band Agreement serves as the foundational document governing the relationship between musicians performing together as a group. This contract type is essential when multiple artists collaborate professionally, particularly when creating and performing original music. The agreement, governed by U.S. federal and state laws, typically becomes necessary when bands begin generating revenue, creating original content, or expanding their professional presence. It addresses crucial aspects such as intellectual property rights, revenue distribution, decision-making processes, and membership changes, helping prevent future disputes and providing clarity on business operations.

What sections should be included in a Band Agreement?

1. Parties: Identifies all band members and any business entity under which they operate

2. Background: Establishes the context of the agreement and the band's formation

3. Definitions: Defines key terms used throughout the agreement

4. Band Membership: Details current membership and procedures for changes

5. Ownership of Assets: Specifies ownership of band name, recordings, equipment, etc.

6. Revenue Sharing: Details how various income streams will be split

7. Decision Making: Outlines voting rights and decision-making processes

8. Intellectual Property Rights: Addresses ownership and management of copyrights and trademarks

9. Termination: Procedures for ending the agreement or member departure

What sections are optional to include in a Band Agreement?

1. Management Structure: Details leadership roles within the band. Used for bands with formal management structure.

2. Recording Obligations: Specifies commitments to recording schedule. Used when band has existing recording contracts.

3. Tour Requirements: Details touring commitments and arrangements. Used for actively touring bands.

4. Merchandise Rights: Addresses creation and revenue from merchandise. Used when band sells merchandise.

5. Social Media Management: Controls over band's social media presence. Used for bands with active social media presence.

What schedules should be included in a Band Agreement?

1. Schedule A - Current Members: List of current band members and their roles

2. Schedule B - Asset Inventory: Detailed list of band-owned equipment and assets

3. Schedule C - Revenue Split Formula: Detailed breakdown of revenue sharing arrangements

4. Schedule D - Intellectual Property Registry: List of owned songs, recordings, and trademarks

5. Schedule E - Existing Contracts: Summary of current recording, publishing, or performance contracts

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Document Type

Music Agreement

Cost

Free to use
Clauses






























Industries

Copyright Law: Includes Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), and Musical Works Modernization Act. Governs ownership of musical compositions, recordings, rights to performances and derivatives.

Trademark Law: Encompasses the Lanham Act, covering band name protection, logo rights, and overall brand identity protection in the music industry.

Contract Law: State-specific contract laws, Statute of Frauds requirements, and provisions for valid consideration in contractual agreements.

Labor Laws: Fair Labor Standards Act and state-specific employment regulations, including classification of band members as independent contractors vs. employees.

Business Organization Laws: State LLC/Corporation laws, partnership regulations, and business registration requirements for band entities.

Entertainment Industry Regulations: Music Modernization Act, performance rights organizations' rules, and regulations governing streaming and digital distribution.

Intellectual Property Rights: Publishing rights, mechanical rights, sync rights, and performance rights specific to musical works and recordings.

Tax Laws: Federal tax obligations, state tax requirements, and self-employment tax considerations for band members and entities.

Agency Laws: Regulations governing management relationships, booking agent relationships, and legal representation in the music industry.

Privacy Laws: Publicity rights, data protection requirements, and regulations concerning social media usage rights for band-related content.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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