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Master Recording Agreement for Australia

Master Recording Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that establishes the contractual relationship between a record label and a recording artist or band. The agreement covers the creation, ownership, and commercial exploitation of master recordings, including detailed provisions for recording obligations, royalty payments, marketing commitments, and rights assignments. It incorporates Australian copyright law requirements and industry standards while providing framework for both traditional and digital distribution of recorded music.

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What is a Master Recording Agreement?

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.

What sections should be included in a Master Recording Agreement?

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

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

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

What schedules should be included in a Master Recording Agreement?

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) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Ƶ

Document Type

Music Agreement

Sector

Cost

Free to use

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