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Exclusive Recording Agreement for Indonesia

Exclusive Recording Agreement Template for Indonesia

A comprehensive legal agreement governed by Indonesian law that establishes an exclusive relationship between a recording artist and a record label. The agreement details the terms and conditions under which the artist will create and deliver recorded music exclusively for the label, including rights assignments, financial arrangements, and operational obligations. It incorporates provisions compliant with Indonesian Copyright Law (Law No. 28 of 2014) and Civil Code requirements, covering both traditional physical recordings and digital distribution channels, while ensuring proper protection of intellectual property rights and fair compensation structures.

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What is a Exclusive Recording Agreement?

The Exclusive Recording Agreement serves as the foundational contract between recording artists and record labels in Indonesia's music industry. This document is essential when a record label wishes to secure exclusive rights to an artist's recordings and related services. It encompasses detailed provisions for recording obligations, financial terms, rights exploitation, and marketing commitments, all structured within the framework of Indonesian law, particularly Law No. 28 of 2014 on Copyright and the Indonesian Civil Code. The agreement is designed to protect both parties' interests while facilitating the commercial exploitation of recordings across traditional and digital platforms. It includes specific considerations for the Indonesian market while potentially accommodating international distribution rights and modern digital distribution methods.

What sections should be included in a Exclusive Recording Agreement?

1. Parties: Identification of the record label and artist(s), including complete legal names and addresses

2. Background: Context of the agreement, including artist's status and parties' intentions

3. Definitions: Detailed definitions of key terms used throughout the agreement, including 'Recording', 'Territory', 'Net Profits', etc.

4. Grant of Rights: Exclusive rights granted to the record label, including recording, reproduction, distribution, and exploitation rights

5. Term: Duration of the agreement, including initial period and extension options

6. Recording Commitment: Number of recordings to be produced, delivery schedules, and technical specifications

7. Recording Process: Details of recording arrangements, studio selection, producer appointment, and approval processes

8. Financial Terms: Advances, royalty rates, profit sharing, and payment terms

9. Marketing and Promotion: Obligations regarding promotion, marketing efforts, and tour support

10. Warranties and Representations: Artist's warranties regarding ownership of rights and ability to enter agreement

11. Termination: Circumstances allowing termination and consequences thereof

12. Post-Term Rights: Rights and obligations that survive after agreement termination

13. General Provisions: Standard clauses including notices, amendments, governing law, and dispute resolution

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

1. Digital Distribution: Specific terms for digital platform distribution, used when digital exploitation is a significant focus

2. International Rights: Additional provisions for international exploitation, included when distribution outside Indonesia is contemplated

3. Merchandising Rights: Terms regarding merchandise production and sales, included if merchandising rights are part of the deal

4. Video Production: Terms regarding music video production and exploitation, included if video production is part of the agreement

5. Publishing Rights: Additional terms if the agreement includes publishing rights assignment

6. Artist Group Provisions: Special provisions for bands or groups, including member changes and individual obligations

7. Producer Agreement: Terms regarding producer selection and rights, included if specific producer arrangements are part of the deal

What schedules should be included in a Exclusive Recording Agreement?

1. Schedule A - Recording Specifications: Technical requirements for recordings, including format, quality standards, and delivery specifications

2. Schedule B - Minimum Commitment: Detailed recording schedule and delivery requirements for each album/single

3. Schedule C - Royalty Calculations: Detailed methodology for calculating royalties, including deductions and adjustments

4. Schedule D - Approved Recording Budget: Breakdown of approved recording costs and budget allocation

5. Schedule E - Territory Definition: Detailed list of countries/regions covered by the agreement

6. Schedule F - Mechanical License Terms: Standard terms for mechanical licensing of recordings

7. Appendix 1 - Artist's Prior Recordings: List of artist's previous recordings and related commitments

8. Appendix 2 - Approved Third-Party Agreements: List of pre-approved third-party agreements affecting the artist

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

Indonesia

Publisher

Ƶ

Document Type

Music Agreement

Cost

Free to use

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