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Music Royalty Contract Template for United States

A Music Royalty Contract is a legally binding agreement governed by U.S. federal and state laws, particularly the Copyright Act and Music Modernization Act. It establishes the terms for payment of royalties for the use, performance, or distribution of musical works. The contract specifies royalty rates, payment schedules, territorial rights, and usage permissions while ensuring compliance with relevant performance rights organizations and digital licensing requirements.

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What is a Music Royalty Contract?

Music Royalty Contracts are essential documents in the American music industry, used to establish clear terms for compensation when musical works are used, performed, or distributed. These contracts, governed by U.S. copyright law and the Music Modernization Act, specify how royalties are calculated, collected, and distributed among rights holders. The agreement typically includes detailed provisions for various types of usage, from traditional performance rights to digital streaming, and ensures compliance with both federal and state regulations while protecting the interests of all parties involved.

What sections should be included in a Music Royalty Contract?

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: Specifies the rights being licensed or transferred

5. Territory: Defines the geographic scope of the agreement

6. Term: Specifies duration of the agreement and renewal terms

7. Royalty Rates: Details the payment structure and rates for different types of usage

8. Payment Terms: Specifies payment frequency, method, and reporting requirements

9. Accounting and Audit Rights: Details record-keeping requirements and audit procedures

What sections are optional to include in a Music Royalty Contract?

1. International Rights: Additional terms and conditions for multi-territory distribution and licensing

2. Digital Platform Rights: Specific terms and conditions for digital distribution and streaming platforms

3. Synchronization Rights: Terms governing use of music in film, television, advertising and other visual media

4. Sample Clearance: Terms and conditions regarding the use of samples from other musical works

What schedules should be included in a Music Royalty Contract?

1. Schedule A - Musical Works: Comprehensive list of all musical works covered by the agreement

2. Schedule B - Royalty Rates: Detailed breakdown of royalty rates for different types of usage and territories

3. Schedule C - Territory List: Detailed list of territories covered by the agreement

4. Schedule D - Accounting Procedures: Detailed procedures for royalty calculations and reporting requirements

5. Appendix 1 - Copyright Registrations: List of copyright registration numbers for all covered works

6. Appendix 2 - PRO Affiliations: Details of Performance Rights Organization affiliations and registrations

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

United States

Publisher

Genie AI

Document Type

Music Agreement

Sector

IP

Cost

Free to use

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