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Sound Recording Agreement for the United States

Sound Recording Agreement Template for United States

A Sound Recording Agreement is a legally binding contract under US law that establishes the terms and conditions under which an artist will create and deliver recorded music to a record label or company. The agreement covers rights ownership, compensation, recording obligations, delivery requirements, and distribution rights. It's governed by federal copyright law and state-specific contract laws, incorporating provisions for digital distribution and streaming rights under the Music Modernization Act.

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What is a Sound Recording Agreement?

The Sound Recording Agreement serves as the foundational document in the recorded music industry, establishing the legal framework for the creation and commercialization of recorded music. This contract type is essential when an artist or band agrees to record music for a record label or company, defining ownership rights, creative control, compensation structures, and delivery obligations. In the United States, these agreements must comply with federal copyright law, state contract laws, and recent digital music legislation. The agreement typically covers multiple recordings or albums and includes provisions for both traditional and digital distribution methods.

What sections should be included in a Sound Recording Agreement?

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

2. Background: Contextual information about the purpose of the agreement and the parties' intentions

3. Definitions: Key terms used throughout the agreement including technical and industry-specific terminology

4. Grant of Rights: Specifies rights being transferred regarding the sound recordings, including copyright and exploitation rights

5. Recording Obligations: Details of recording requirements, deadlines, deliverables, and quality standards

6. Compensation: Payment terms, royalties, advances, and accounting provisions

7. Term and Termination: Duration of agreement, renewal options, and termination conditions

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

1. Marketing and Promotion: Terms regarding promotion efforts, marketing commitments, and promotional appearances

2. Territory Restrictions: Geographic limitations on rights and distribution territories

3. Side Artist Provisions: Terms governing guest appearances and collaborations with other artists

4. Digital Distribution: Specific terms for digital platforms, streaming services, and online distribution

5. Merchandising Rights: Terms regarding merchandise creation and sales using artist name/likeness

What schedules should be included in a Sound Recording Agreement?

1. Recording Schedule: Detailed timeline for recording sessions, delivery dates, and release schedule

2. Technical Specifications: Required technical standards for recordings, including format and quality requirements

3. Royalty Calculations: Detailed breakdown of royalty computations and payment structures

4. Producer Agreement: Terms specific to producer involvement, credits, and compensation

5. Marketing Budget: Breakdown of allocated marketing spend and promotional commitments

Authors

Alex Denne

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

Jurisdiction

United States

Publisher

Ƶ

Document Type

Music Agreement

Cost

Free to use
Clauses







































Industries

Copyright Act of 1976: Primary federal legislation governing copyright law in the US (17 U.S.C.), establishing basic rights for copyright owners including exclusive rights to reproduce, distribute, and perform sound recordings

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

Sound Recording Act of 1971: Established federal copyright protection specifically for sound recordings, separate from musical compositions

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

Fair Labor Standards Act: Federal law establishing wage, overtime, and working conditions standards that may apply to recording sessions and production work

State Contract Laws: Various state-specific regulations governing contract formation, enforcement, and interpretation

Uniform Commercial Code: Standardized state laws governing commercial transactions, relevant for sales and licensing aspects

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

Digital Performance Right in Sound Recordings Act: Legislation establishing performance rights for digital audio transmissions of sound recordings

Lanham Act: Federal trademark law protecting brands and marks associated with the sound recording and artist

Work-for-hire Doctrine: Legal concept determining ownership of copyrighted works created during employment or by independent contractors

State Recording Consent Laws: State-specific laws governing consent requirements for recording audio, which may affect recording sessions

PRO Regulations: Rules governing Performing Rights Organizations (ASCAP, BMI, SESAC) for public performance rights

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

International Copyright Treaties: Various international agreements protecting copyright across borders, such as the Berne Convention and WIPO treaties

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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