Recording

Are you a musician, band, or record label looking to record new music? It is essential for anyone involved in music recording to understand some fundamental legal concepts to ensure their rights are protected. This is where Sanicki Lawyers can help – rely on our expertise and advice as the legal backing track for your new recordings.

The owner(s) of the copyright in sound recordings are afforded certain rights under the Copyright Act 1968 (Cth) (note—this is separate to the copyright in any song/composition embodied in a sound recording). This copyright is ordinarily owned by the “maker” of the sound recording, which is typically the person who made the arrangements for the recording to take place and covered the costs. This is often a record label but can also be an individual, or band members. Performers on sound recordings are also (usually) part-owners of the copyright in sound recordings they perform on.

The typical ‘Record Deal’ is essentially a services agreement, where the artist or band agrees to provide their recording services to the label on an exclusive basis for a certain period of time. During the term, the record label will usually pay for and own the artist or band’s master recordings and pay them a royalty in return. These days, there are many different variations of the typical ‘Record Deal’, as artists, bands and labels appear to be shifting away from the more traditional model.

At Sanicki Lawyers, we embrace working with our clients who are wanting to start their own record labels, to come up with different models that suit their commercial endeavours, whilst keeping up with industry trends and evolving technologies.

We are also very experienced in acting for artists and bands in record deal negotiations with major and independent labels.

A Master Recording License Agreement is an agreement that grants someone permission to use a sound recording for certain purposes, such as streaming, physical sales, or synchronisation in film and TV.

These agreements typically outline the following key terms:

• Exclusivity: whether the licensee has exclusive rights to use the master recording in the specified territory, or whether the licensor retains some rights
• Territory: the geographical area where the licensee is permitted to exploit the master recording
• Term: the duration of the agreement
• Rights granted: specifically which rights the licensee has in relation to the master recording (e.g., reproduction, distribution, public performance)
• Royalty rates and deductions: how the licensor will be compensated for the use of their master recording, and what expenses the licensee can deduct from the income before calculating royalties.

Sanicki Lawyers has extensive experience drafting and negotiating license agreements for sound recordings that protect your interests and ensure you are fairly compensated in line with industry standard terms.