Music Business

The Terminology Generally Used in Agreement between Artist and Record Label (5)

The Music Telegraph | Text 2024/03/18 [10:41]
Music Business

The Terminology Generally Used in Agreement between Artist and Record Label (5)

The Music Telegraph| 입력 : 2024/03/18 [10:41]

 

© Pixabay (photo by Klaus Hausmann)



The Terminology Generally Used in Agreement between Artist and Record Label (5)

 

Artist Warranties:

Artist warrants to Company that Artist has the power and authority to enter into the Agreement, is the Artist and copyright holder of the Master Recordings, or has or will obtain all necessary and appropriate rights and licenses to grant the license in the Agreement with respect to the Master Recordings. Artist represents and warrants that the Master Recordings are original to Artist except for material in the public domain and such excerpts from other works as may be included with the written permission of the copyright owners and that proper clearances or permission have been obtained from the artists of any copyrighted material, including but not limited to any digitally reprocessed samples of material incorporated in the Master Recordings. Artist warrants that Artist's use of any name or moniker will not infringe on the rights of others and that Artist's use of any musical composition or arrangement will not infringe on the rights of others. 

 

Artist further warrants that the Master Recordings do not:

  • contain any libelous material
  • infringe any trade name, trademark, trade secret or copyright
  • invade or violate any right of privacy, personal or proprietary right, or other statutory right

 

Controlled Compositions License:

Artist grants to Company an irrevocable worldwide license to reproduce all compositions wholly or partly written, owned or controlled by Artist (so called, "Controlled Compositions"). Artist grants to Company a first mechanical license in respect to all Controlled Compositions.

 

Mechanical Royalties: (refer to the previous article to learn about mechanical royalties - click)

Artist acknowledges and agrees that Company will pay a royalty for the mechnical license on all records manufactured for sale or commercial distribution at _____% of the minimum compulsory license rate (so called, "Company Mechanical Rate") applicable in the country of manufacture. The applicable minimum statutory rate will be determined as of the date of the commencement of the recording of the applicable Master Recording. Mechanical Royalties will not be payable with respect to musical compositions of one minute or less in duration.

 

 

 

 

 

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