The Record Label License Agreement is a crucial document in the Malaysian music industry, used when a record label seeks to acquire rights to an artist's recordings. This agreement is essential for establishing the legal framework under which the label will produce, distribute, and monetize the artist's music. It must comply with Malaysian legislation, particularly the Copyright Act 1987 and Contracts Act 1950, while addressing modern music industry requirements including digital distribution rights. The document typically covers recording obligations, royalty structures, marketing commitments, and territorial rights, making it suitable for both established and emerging artists in the Malaysian market. It serves as the foundation for the business relationship between label and artist, providing clear guidelines for rights, responsibilities, and revenue sharing.
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1. Parties: Identification of the record label and artist/band, including full legal names and addresses
2. Background: Context of the agreement, including brief description of the parties and purpose of the agreement
3. Definitions: Detailed definitions of key terms used throughout the agreement
4. Grant of Rights: Specific rights being licensed to the record label, including recording, distribution, and exploitation rights
5. Term and Territory: Duration of the agreement and geographical areas where rights can be exercised
6. Recording Obligations: Requirements for delivery of recordings, including quantity, quality, and timing
7. Royalties and Payments: Detailed breakdown of royalty rates, payment schedules, and accounting procedures
8. Marketing and Promotion: Obligations regarding promotion, marketing, and exploitation of recordings
9. Warranties and Representations: Legal assurances from both parties regarding their rights and capabilities
10. Termination: Circumstances under which the agreement can be terminated and consequences
11. Intellectual Property: Protection and ownership of intellectual property rights
12. Confidentiality: Obligations regarding confidential information
13. Governing Law: Specification of Malaysian law as governing law and jurisdiction
14. General Provisions: Standard contract clauses including notices, amendments, and severability
1. Artist Development: For new artists requiring specific development support and training
2. Music Videos: When music video production is part of the agreement
3. Merchandising Rights: If merchandising rights are included in the license
4. Publishing Rights: When publishing rights are included alongside recording rights
5. Digital Distribution: Specific terms for digital platforms and streaming services
6. Live Performance: If the label has any rights or obligations regarding live performances
7. International Distribution: Specific terms for international markets if applicable
8. Sample Clearance: If the music involves samples requiring special clearance procedures
1. Schedule 1 - Recording Schedule: Detailed timeline for recording and delivery of albums/singles
2. Schedule 2 - Minimum Recording Requirements: Technical specifications for recordings
3. Schedule 3 - Royalty Calculations: Detailed breakdown of royalty rates for different formats and territories
4. Schedule 4 - Approved Recording Budget: Breakdown of approved recording costs and budget allocation
5. Schedule 5 - Marketing Commitments: Specific marketing and promotion commitments from the label
6. Appendix A - Artist Information: Detailed information about the artist/band members
7. Appendix B - Existing Recordings: List of any existing recordings covered by the agreement
8. Appendix C - Territory Restrictions: Specific restrictions or requirements for different territories
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