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Music Distribution Agreement template
Music Distribution Agreement sample


What is Music Distribution Agreement?

Music Distribution Agreement A Music Distribution Agreement governs the distribution of music, specifying distribution channels, royalties, distribution terms, and rights of distribution for music content.



Sample template:



Music Distribution Agreement


1. Parties

This Music Distribution Agreement (hereinafter referred to as the "Agreement") is entered into as of [Effective Date], by and between StreamSound Distribution (hereinafter referred to as the "Distributor") and [Client's Name] (hereinafter referred to as the "Artist"). Both the Distributor and the Artist may also be referred to as a "Party" or collectively the "Parties."



2. Purpose

2.1. Music Distribution


The purpose of this Agreement is for the Distributor to distribute the Artist's musical recording titled "Sunset Serenade" (hereinafter referred to as the "Recording") to major online music platforms as specified in section 4.



3. Grant of Rights

3.1. License


The Artist hereby grants the Distributor the non-exclusive, worldwide, and royalty-free right and license to reproduce, market, promote, distribute, and sell the Recording in digital format through the Distribution Channels as specified in section 4 of this Agreement.



4. Distribution Channels

4.1. Online Music Platforms


The Distributor will distribute the Recording to major online music platforms, including but not limited to, Spotify, Apple Music, Amazon Music, Google Play, and Tidal (collectively, the "Distribution Channels").



5. Royalties

5.1. Distribution Royalties


The Artist agrees to pay the Distributor a fixed percentage of ninety (90) percent of the net revenue generated by the Recording through the Distribution Channels, while the Distributor shall retain ten (10) percent as a distribution fee. Net revenue is defined as the gross revenue collected from the Distribution Channels, minus any and all taxes, fees, and deductions required by applicable law, including any fees, charges, or costs levied by the Distribution Channels or payment processors.



5.2. Payment and Reporting


Within fifteen (15) days after the end of each calendar quarter, the Distributor shall provide the Artist with a royalty statement and make a payment of the royalties due to the Artist, as calculated in accordance with this section 5. The royalty statement shall include the revenue generated by the Recording for the said calendar quarter, as well as a detailed accounting of the applicable deductions, taxes, fees, and charges.



5.3. Audit Rights


The Artist has the right to audit the Distributor's records in relation to this Agreement upon reasonable notice and at the Artist's own expense, provided that such audits shall not be conducted more than once per calendar year.



6. Representations and Warranties

6.1. Artist Representations and Warranties


The Artist represents and warrants to the Distributor that the Artist has full right, power, and authority to enter into this Agreement, that the Artist owns and controls all intellectual property rights in and to the Recording, and that the Artist has not, nor will not, enter into any agreement or arrangement conflicting with the terms of this Agreement.



6.2. Distributor Representations and Warranties


The Distributor represents and warrants to the Artist that it has the necessary resources, skills, and expertise to perform its obligations as set out in this Agreement and that it shall use reasonable endeavors to distribute the Recording according to the terms herein.



7. Indemnification

Both Parties agree to indemnify, defend, and hold the other Party harmless from and against any and all liabilities, damages, claims, costs, and expenses (including reasonable attorney's fees) arising out of any breach of any of either Party's representations, warranties, or obligations pursuant to this Agreement, so long as the indemnified Party promptly notifies the indemnifying Party of any such claim and reasonably cooperates in the defense or settlement thereof.



8. Term and Termination

8.1. Initial Term


This Agreement shall commence on the Effective Date and shall continue in full force and effect for an initial term of two (2) years, unless terminated earlier in accordance with the provisions of this section 8.



8.2. Termination for Cause


Either Party may terminate this Agreement immediately upon written notice if the other Party is in material breach of any provision herein, which breach has not been cured within thirty (30) days after receipt of written notice specifying the nature of the breach.



8.3. Effect of Termination


Upon termination of this Agreement, the Distributor shall cease all distribution activities concerning the Recording, and all rights granted to the Distributor under this Agreement shall revert to the Artist. Any royalties due to the Artist up to the date of termination shall be paid by the Distributor within thirty (30) days of termination.



9. Governing Law and Jurisdiction

This Agreement shall be governed by and construed according to the laws of the United States and the laws of the state of [State]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the state and federal courts located in [State, City].



10. Miscellaneous

10.1. Entire Agreement


This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings, and representations relating to the subject matter hereof. This Agreement may only be amended or modified by a written instrument executed by both Parties.



10.2. Binding Effect


This Agreement shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.



10.3. Severability


If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall remain in full force and effect, and the invalid or unenforceable provision shall be replaced by a valid and enforceable provision that achieves the intent of the Parties to the greatest extent possible.



10.4. Waiver


No waiver by either Party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default of a similar nature.



IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date mentioned above.

Distributor:
StreamSound Distribution
By: ____________________________
Title: __________________________

Artist:
[Client's Name]
By: ____________________________
Title: __________________________

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Main Sections of a Music Distribution Agreement


In this Music Distribution Agreement, you will see the following sections:

  1. Parties
  2. Purpose
  3. Grant of Rights
  4. Distribution Channels
  5. Royalties
  6. Representations and Warranties
  7. Indemnification
  8. Term and Termination
  9. Governing Law and Jurisdiction
  10. Miscellaneous


About each Section - Analysis and Summary:

  1. Parties : This section introduces the two parties involved in the agreement: the Distributor (StreamSound Distribution) and the Artist. It also establishes the effective date of the agreement.

  2. Purpose : This section explains the main goal of the agreement, which is for the Distributor to distribute the Artist's musical recording titled "Sunset Serenade" to major online music platforms.

  3. Grant of Rights : The Artist grants the Distributor a non-exclusive, worldwide, and royalty-free license to reproduce, market, promote, distribute, and sell the Recording in digital format through the Distribution Channels.

  4. Distribution Channels : The Distributor will distribute the Recording to major online music platforms, such as Spotify, Apple Music, Amazon Music, Google Play, and Tidal.

  5. Royalties : The Artist agrees to pay the Distributor 90% of the net revenue generated by the Recording through the Distribution Channels, while the Distributor retains 10% as a distribution fee. The Distributor will provide the Artist with a royalty statement and payment within 15 days after the end of each calendar quarter. The Artist has the right to audit the Distributor's records related to this agreement once per calendar year.

  6. Representations and Warranties : Both parties make certain promises to each other. The Artist promises they have the authority to enter the agreement and owns the intellectual property rights to the Recording. The Distributor promises they have the necessary resources, skills, and expertise to perform their obligations under the agreement.

  7. Indemnification : Both parties agree to indemnify, defend, and hold the other party harmless from any liabilities, damages, claims, costs, and expenses arising from any breach of their respective representations, warranties, or obligations under the agreement.

  8. Term and Termination : The agreement lasts for an initial term of two years, unless terminated earlier for cause. Either party may terminate the agreement if the other party breaches any provision and fails to cure the breach within 30 days. Upon termination, the Distributor must cease all distribution activities, and any royalties due to the Artist must be paid within 30 days.

  9. Governing Law and Jurisdiction : The agreement is governed by the laws of the United States and the state specified in the agreement. Any disputes will be subject to the exclusive jurisdiction of the state and federal courts located in the specified city and state.

  10. Miscellaneous : This section covers various general provisions, such as the entire agreement, binding effect, severability, and waiver. It states that the agreement is the entire understanding between the parties and can only be amended in writing. It also explains that if any provision is found invalid, the remaining provisions will still be in effect.

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