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Exclusive Artist Recording Agreement Template for Malaysia

This document is a comprehensive legal agreement governed by Malaysian law that establishes an exclusive recording relationship between a record label and an artist. It details the terms and conditions under which the artist will create and deliver recorded music exclusively for the label, including rights assignments, royalty structures, and obligations of both parties. The agreement incorporates specific provisions compliant with Malaysian Copyright Act 1987 and related legislation, while addressing modern digital distribution requirements and protecting both parties' interests in the Malaysian and international music markets.

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What is a Exclusive Artist Recording Agreement?

The Exclusive Artist Recording Agreement is essential for establishing a formal recording relationship between record labels and artists in Malaysia. This agreement is typically used when a record label wishes to secure exclusive rights to an artist's recordings and related services. The document comprehensively covers all aspects of the modern recording industry, including traditional physical formats, digital distribution, and ancillary rights. It ensures compliance with Malaysian legislation, particularly the Copyright Act 1987 and Communications and Multimedia Act 1998, while incorporating international music industry standards. The agreement is crucial for protecting both the label's investment and the artist's interests, providing clear terms for recording commitments, royalty payments, marketing obligations, and rights exploitation.

What sections should be included in a Exclusive Artist Recording Agreement?

1. Parties: Identification of the record label and artist, including full legal names and addresses

2. Background: Context of the agreement and brief description of the parties' intentions

3. Definitions: Definitions of key terms used throughout the agreement

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

5. Exclusive Services: Artist's obligation to record exclusively for the label and scope of exclusivity

6. Recording Commitment: Minimum recording obligations, album requirements, and delivery schedules

7. Recording Procedures: Process for selection of material, producers, and recording arrangements

8. Rights Granted: Rights transferred to the label, including copyright, distribution, and exploitation rights

9. Royalties: Payment terms, royalty rates, and calculation methods

10. Accounting and Payments: Timing of payments, statements, and audit rights

11. Marketing and Promotion: Label's obligations regarding promotion and artist's cooperation requirements

12. Warranties and Representations: Artist's and label's warranties regarding capacity, ownership, and rights

13. Termination: Circumstances allowing termination and consequences thereof

14. Confidentiality: Obligations regarding confidential information

15. Notices: Process for formal communications between parties

16. General Provisions: Standard contractual provisions including governing law, amendment process, and severability

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

1. Digital Distribution: Specific terms for digital platforms and streaming services, recommended for contemporary artists

2. Merchandising Rights: Terms regarding merchandise production and sales, important for artists with merchandising potential

3. Publishing Rights: If the label will also handle publishing rights

4. Live Performance: Terms regarding live performances and touring, if the label has involvement in live events

5. Name and Likeness: Detailed terms for use of artist's image and brand, particularly important for high-profile artists

6. International Rights: Specific terms for international exploitation, important for artists targeting international markets

7. Side Projects: Terms governing non-recording activities, important for multi-talented artists

8. Sample Clearance: Procedures for clearing samples, necessary for artists who use sampling in their work

What schedules should be included in a Exclusive Artist Recording Agreement?

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

2. Schedule 2 - Minimum Recording Commitment: Detailed breakdown of required recordings and delivery dates

3. Schedule 3 - Royalty Rates: Comprehensive royalty rate card for different formats and territories

4. Schedule 4 - Approved Recording Budget: Budget parameters for recordings and recoupable costs

5. Schedule 5 - Mechanical License Terms: Standard terms for mechanical licensing of recordings

6. Appendix A - Artist's Pre-existing Commitments: List of any pre-existing obligations or contracts

7. Appendix B - Restricted Territories: List of territories where rights are restricted or excluded

8. Appendix C - Approved Third-Party Producers: List of pre-approved producers for recordings

Authors

Alex Denne

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

Jurisdiction

Malaysia

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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