Master Recording License Agreement

Artist, Music Producer, Record Label

This agreement establishes the licensing arrangement between the owner of a master recording, typically a record label, and a licensee who intends to use the recording for a specific purpose, such as synchronization with visual media or mechanical reproduction. The agreement outlines the terms of the license, including duration, territory, and any applicable fees or royalties. In the music industry, these agreements are crucial because they determine how the master recordings can be used, who can use them, and the compensation that the Licensor receives in exchange for these rights. They also safeguard the rights of the Licensor and ensure proper usage of their material. The importance of this agreement is three-fold:

1. Establishment of Legal Rights: The agreement clearly states who has the rights to the recording and under what circumstances these rights have been granted. It includes specifics such as the nature of the license (exclusive or non-exclusive), the purpose for which the recording can be used, and the territory where these rights apply.
2. Financial Terms: The agreement defines the financial compensation for the Licensor, often in the form of fees or royalties. This could be a flat fee, a percentage of revenue generated, or a combination of both.
3. Protection of Intellectual Property: By establishing the Licensor’s ownership of the copyright in the recording, the agreement protects their intellectual property rights. The licensee acknowledges these rights and is bound to respect them.

[Your Name/Organization] [Address] [City, Postal Code] [Country] [Date] [Licensee Name] [Address] [City, Postal Code] [Country]

Agreement

1. Parties

Comment: This section identifies the parties involved in the agreement. This Master Recording License Agreement (the “Agreement”) is entered into on this _____ day of ______, 20 (the “Effective Date”), by and between [Your Name/Organization] (referred to as the “Licensor”) and [Licensee Name] (referred to as the “Licensee”), collectively referred to as the “Parties.”

2. Grant of License

Comment: This section grants the Licensee the right to use the master recording for the specified purpose. 2.1 The Licensor grants the Licensee a [non-exclusive/exclusive] license to use the master recording (the “Recording”) identified in Exhibit A attached hereto, for the purpose of [Specify the purpose, such as synchronization, mechanical reproduction], within the Territory specified in Section 3. 2.2 The license includes the right to [Specify any specific rights granted, such as reproduction, distribution, synchronization] of the Recording.

3. Territory and Duration

Comment: This section defines the geographic territory where the license is valid and specifies the duration of the license. 3.1 The license granted in this Agreement is valid in [Specify the geographic territory]. 3.2 The duration of the license shall be [Specify the duration or end date of the license].

4. Fees and Royalties

Comment: This section addresses the fees or royalties payable to the Licensor for the licensed use of the Recording. 4.1 The Licensee shall pay the Licensor the agreed-upon fees or royalties as set forth in Exhibit B attached hereto. 4.2 The payment terms and schedule shall be as follows: [Specify the payment terms, frequency, and due dates].

5. Copyright and Ownership

Comment: This section confirms the Licensor’s ownership of the copyright in the Recording and addresses copyright-related matters. 5.1 The Licensor represents and warrants that they are the owner of the copyright in the Recording and have the right to grant the license as specified in this Agreement. 5.2 The Licensee acknowledges that the copyright and all other intellectual property rights in the Recording shall remain the property of the Licensor.

6. Reporting and Accounting

Comment: This section addresses the reporting and accounting requirements related to the licensed use of the Recording. 6.1 The Licensee shall provide the Licensor with regular reports detailing the licensed use of the Recording, including but not limited to the title of the visual media, duration of synchronization, or the quantity of mechanical reproductions made. 6.2 Royalties or fees due to the Licensor shall be paid according to the payment terms specified in Section 4, accompanied by a detailed statement of account.

7. Termination

Comment: This section outlines the conditions under which the agreement can be terminated. 7.1 Either Party may terminate this Agreement upon written notice to the other Party in the event of a material breach by the other Party, provided that the breaching Party fails to cure such breach within [Specify a reasonable cure period] after receiving written notice thereof.

8. Governing Law and Jurisdiction

Comment: This section determines the applicable law and the jurisdiction where any disputes arising from the agreement will be resolved. 8.1 This Agreement shall be governed by and construed in accordance with the laws of [Specify the governing law jurisdiction]. 8.2 Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Specify the jurisdiction].

9. Entire Agreement

Comment: This section confirms that the Agreement represents the entire understanding and agreement between the parties and supersedes any prior discussions or agreements. 9.1 This Agreement constitutes the entire understanding and agreement between the Parties with respect to the subject matter hereof and supersedes all prior discussions, negotiations, and agreements, whether oral or written. [Your Name/Organization] By: [Your Name] Title: [Your Title] [Licensee Name] By: [Licensee’s Name] Title: [Licensee’s Title]