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Master Recording Agreement Template for Australia

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Key Requirements PROMPT example:

Master Recording Agreement

"I need a Master Recording Agreement for signing a new indie rock band based in Melbourne, with a two-album deal starting January 2025, including digital rights and merchandising, but excluding publishing rights."

Document background
The Master Recording Agreement is a fundamental contract in the Australian music industry, used when a record label signs an artist or band for the purpose of creating and commercially exploiting recorded music. This agreement is essential for establishing the rights, obligations, and commercial terms between the parties, including recording commitments, ownership of masters, royalty structures, and exploitation rights. It must comply with Australian copyright law, competition law, and consumer protection regulations while addressing modern digital distribution channels. The agreement typically includes provisions for recording budgets, marketing commitments, and various revenue streams, making it suitable for both established and emerging artists in the Australian market.
Suggested Sections

1. Parties: Identification of the record label and artist/band members, including their legal names and addresses

2. Background: Context of the agreement, including artist's status and label's business

3. Definitions: Detailed definitions of key terms used throughout the agreement

4. Term and Territory: Duration of the agreement and geographical scope of rights granted

5. Recording Commitment: Number of recordings to be delivered and delivery requirements

6. Recording Process: Details of recording arrangements, including studio selection, producer approval, and budgets

7. Ownership and Rights: Assignment of rights in master recordings and related materials

8. Artist Obligations: Core responsibilities of the artist including exclusivity and promotional duties

9. Label Obligations: Core responsibilities of the label including release commitments and marketing

10. Royalties: Calculation and payment of royalties for various types of exploitation

11. Accounting: Reporting periods, statements, audit rights, and payment terms

12. Warranties and Representations: Standard warranties from both parties

13. Termination: Circumstances allowing termination and consequences

14. General Provisions: Standard boilerplate clauses including notices, assignment, and governing law

Optional Sections

1. Producer Arrangements: Used when specific producer terms need to be incorporated into the main agreement

2. Band Member Provisions: Required for groups to address member changes and internal arrangements

3. Publishing Rights: Include when the deal includes publishing rights assignment

4. Merchandising Rights: When the label is acquiring merchandising rights

5. Live Performance Income: If the label is to participate in live performance revenue

6. Name and Likeness Rights: Detailed provisions for use of artist's image and brand

7. Video Production: Specific terms for music video production and ownership

8. Digital Platforms: Specific provisions for social media and digital content

9. Minimum Marketing Commitment: When specific marketing guarantees are negotiated

10. International Distribution: Detailed provisions for international exploitation

Suggested Schedules

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

2. Schedule 2 - Approved Recording Budget: Detailed recording budget breakdown

3. Schedule 3 - Royalty Calculations: Detailed royalty rates for different formats and territories

4. Schedule 4 - Advance Payment Schedule: Timeline and amounts of advance payments

5. Schedule 5 - Producer Agreement: Standard producer agreement template

6. Schedule 6 - Permitted Deductions: List of permitted deductions from royalties

7. Appendix A - Marketing Plan: Initial marketing strategy and commitments

8. Appendix B - Recording Schedule: Timeline for recording and delivery of masters

9. Appendix C - Artist's Pre-existing Commitments: List of approved existing obligations

Authors

Alex Denne

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

Relevant legal definitions




























































Clauses










































Relevant Industries

Music

Entertainment

Media

Digital Content

Performing Arts

Creative Industries

Recording Industry

Audio Production

Music Publishing

Digital Distribution

Relevant Teams

Legal

Business Affairs

Artists and Repertoire (A&R)

Production

Marketing

Digital

Finance

Royalties

Rights Management

Artist Relations

Relevant Roles

Legal Counsel

Artist Manager

A&R Director

Business Affairs Manager

Music Producer

Recording Engineer

Marketing Director

Digital Rights Manager

Royalties Administrator

Contract Administrator

Music Industry Lawyer

Rights Management Specialist

Label Manager

Artist Relations Manager

Industries








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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