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Master Recording Contract

Master Recording Contract Template for United States

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Master Recording Contract

"I need a Master Recording Contract for a new indie rock band signing with our label for a two-album deal, with specific provisions for TikTok and social media content creation, and an initial release planned for March 2025."

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Document background
The Master Recording Contract serves as the foundational agreement in the recorded music industry, establishing the legal framework for the relationship between artists and record labels in the United States. This document is essential when an artist agrees to create and deliver recorded music exclusively for a record company, typically in exchange for financial investment, marketing support, and distribution services. The contract addresses crucial aspects such as ownership of master recordings, recording budgets, release commitments, royalty rates, and various exploitation rights across different formats and territories.
Suggested Sections

1. Parties: Identifies the record company and artist/band entering into the agreement

2. Background: States the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement including 'Master Recording', 'Territory', 'Term', and 'Royalty Rate'

4. Grant of Rights: Specifies the rights being transferred to the record company including copyright, distribution, and exploitation rights

5. Recording Obligations: Details the artist's obligations regarding recording schedule and deliverables

6. Compensation: Outlines royalty rates, advances, and payment terms

7. Term: Defines the duration of the agreement and any extension options

8. Warranties and Representations: Lists promises made by both parties regarding their rights and capabilities

Optional Sections

1. 360 Rights: Additional rights beyond recording including merchandising, touring, and other revenue streams

2. Digital Distribution: Specific terms for digital platforms and streaming services

3. Marketing Commitments: Specific marketing obligations of the label including minimum spending requirements

4. Producer Selection: Terms regarding selection and approval of producers for the recordings

Suggested Schedules

1. Recording Schedule: Detailed timeline for recording and delivery of masters

2. Royalty Calculations: Detailed breakdown of royalty calculations and deductions

3. Territory Schedule: List of territories covered by the agreement

4. Minimum Recording and Marketing Commitment: Specific requirements for recording and marketing investments

5. Producer Agreement Form: Template agreement for engagement of producers

6. Recording Budget: Detailed recording budget allocation and terms

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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Industries

Copyright Act of 1976: Primary federal copyright law in the United States (17 U.S.C.) governing the protection of original works, including musical compositions and sound recordings

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online infringement and digital rights management

Music Modernization Act 2018: Updates music licensing legislation for the digital age, including streaming services and digital royalties

Fair Labor Standards Act: Federal law establishing standards for employment, including minimum wage and overtime requirements

Work-for-hire Provisions: Specific provisions under copyright law determining ownership of works created during employment or commissioned works

State Contract Laws: State-specific laws governing contract formation, enforcement, and interpretation

Statute of Frauds: Legal requirement that certain contracts must be in writing to be enforceable

Sound Recording Rights: Specific rights related to the recorded performance of a musical work

Digital Performance Right in Sound Recordings Act: Law governing digital transmission of sound recordings and associated royalties

SAG-AFTRA Regulations: Union regulations affecting performers in recorded materials

AFM Regulations: American Federation of Musicians rules and requirements for recording contracts

Rights of Publicity Laws: State-specific laws protecting individuals' right to control commercial use of their name, image, and likeness

Sherman Antitrust Act: Federal law prohibiting monopolistic business practices and anti-competitive behavior

SoundExchange Regulations: Rules governing the collection and distribution of digital performance royalties

FTC Regulations: Federal Trade Commission rules protecting consumers and ensuring fair business practices in the music industry

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,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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