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Music Release Agreement for the United States

Music Release Agreement Template for United States

A Music Release Agreement is a legally binding contract governed by U.S. federal and state laws that establishes the terms and conditions under which musical works are released, distributed, and monetized. This agreement typically covers copyright ownership, royalty arrangements, distribution rights, and marketing obligations while ensuring compliance with U.S. copyright law and music industry regulations.

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What is a Music Release Agreement?

The Music Release Agreement serves as a foundational document in the music industry, establishing the legal framework for releasing and commercializing musical works in the United States. This contract type is essential when an artist or band is ready to release their music through a record label or distribution company. It covers crucial aspects such as rights assignment, revenue sharing, territorial restrictions, and marketing commitments while ensuring compliance with U.S. copyright law, digital streaming regulations, and state-specific entertainment laws.

What sections should be included in a Music Release Agreement?

1. Parties: Identifies all parties to the agreement, including legal names and addresses

2. Background/Recitals: Explains the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Grant of Rights: Details the specific rights being transferred or licensed

5. Term and Territory: Specifies duration of the agreement and geographical scope

6. Compensation: Details payment terms, royalties, and other financial considerations

7. Delivery Requirements: Specifies format and timeline for music delivery

8. Warranties and Representations: Legal guarantees from both parties

9. Termination: Conditions for ending the agreement

What sections are optional to include in a Music Release Agreement?

1. Marketing and Promotion: Details promotional obligations and commitments from both parties

2. Creative Control: Specifies approval rights over creative decisions and modifications

3. Recording Requirements: Details about recording process, standards, and technical specifications

4. Side Artist Appearances: Rules and requirements for featuring other artists on recordings

What schedules should be included in a Music Release Agreement?

1. Schedule A - Musical Works: List of songs covered by the agreement

2. Schedule B - Royalty Calculations: Detailed breakdown of royalty rates and calculations

3. Schedule C - Technical Specifications: Technical requirements for music delivery

4. Schedule D - Territory Restrictions: Detailed breakdown of territorial rights and restrictions

5. Schedule E - Marketing Commitments: Specific marketing and promotional obligations

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 | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use
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Industries

Copyright Act of 1976: Primary federal legislation governing copyright law in the US, establishing basic rights for creative works including music compositions and recordings

Digital Millennium Copyright Act (DMCA): Federal law addressing digital copyright issues, including online music distribution and anti-circumvention provisions

Music Modernization Act 2018: Updates music licensing legislation for the streaming era, including mechanical licensing reforms and pre-1972 recording protections

Sound Recording Act: Establishes federal copyright protection for sound recordings and defines rights related to music recordings

Digital Performance Right in Sound Recordings Act: Grants copyright holders exclusive rights to perform sound recordings publicly through digital audio transmission

State Contract Laws: State-specific regulations governing contract formation, enforcement, and interpretation in music agreements

Statute of Frauds: Legal requirement that certain contracts, including those lasting more than one year, must be in writing to be enforceable

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

FTC Regulations: Federal Trade Commission rules governing fair business practices and consumer protection in the music industry

PRO Regulations: Rules and requirements from performing rights organizations (ASCAP, BMI, SESAC) regarding music licensing and royalty collection

State Entertainment Laws: Specific state regulations governing entertainment contracts, particularly relevant in California and New York

SoundExchange Requirements: Regulations governing digital performance royalties for sound recordings and their distribution

Mechanical Licensing Regulations: Rules governing the licensing of musical compositions for reproduction and distribution

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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