This Music Distribution and Licensing Agreement (the “Agreement”) is entered into as of [Insert Current Date] ___________________, by and between The Creative Outpost, Inc., DBA Studio 25 Music, located at 590 Garden Street, Little Falls, New York, 13365 (the “Distributor” or “Studio 25 Music”), and [Insert Artist’s Full Name] ___________________________________________________, an individual singer/songwriter residing at [Insert Artist’s Address] ___________________________________________________________________________ (the “Artist”).
Recitals
WHEREAS, the Artist is the creator and owner of certain musical works, including songs, lyrics, and recordings (collectively, the “Music”);
WHEREAS, the Artist desires to grant Studio 25 Music certain rights to distribute, promote, and exploit the Music;
WHEREAS, Studio 25 Music operates a music catalog at studio25.media and various streaming radio stations;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows:
1. Grant of Rights
1.1 The Artist hereby grants to Studio 25 Music a non-exclusive, worldwide license to:
a. Sell, distribute, and make available the Music on the studio25.media catalog, including digital downloads, streaming, and any other formats offered by the catalog.
b. Master, or otherwise enhance the audio quality of the Music as deemed necessary by Studio 25 Music for distribution and promotion purposes.
c. Play and stream the Music on any of Studio 25 Music’s streaming radio stations, selected based on the genre of the Music.
d. Create, use, and distribute graphics, artwork, promotional materials, and marketing content featuring the Music, the Artist’s name, likeness, and biographical information to promote the Music.
1.2 This grant includes the right to sublicense these rights to third parties as necessary for distribution and promotion, but Studio 25 Music shall remain responsible for all obligations under this Agreement.
1.3 The Artist retains all underlying ownership and copyrights in the Music, subject to the licenses granted herein.
2. Royalties and Payment
2.1 In consideration for the rights granted, Studio 25 Music shall pay the Artist seventy percent (70%) of the net revenues received from the sale, or other exploitation of the Music on the studio25.media catalog. Studio 25 Music shall retain thirty percent (30%) as its fee.
2.2 “Net Revenues” means gross revenues actually received by Studio 25 Music from the exploitation of the Music, less any direct costs, taxes, returns, refunds, and third-party fees (such as payment processing or platform commissions).
2.3 Studio 25 Music shall account to the Artist quarterly, within thirty (30) days after the end of each calendar quarter, providing a statement of net revenues and the Artist’s share. Payments shall be made via [Insert Payment Method, e.g., bank transfer or PayPal] ______________________________ to the Artist’s designated account.
2.4 The Artist shall be responsible for any taxes on their share of royalties.
3. Representations and Warranties
3.1 The Artist represents and warrants that:
a. The Artist is the sole owner of all rights, title, and interest in the Music, including the compositions, lyrics, and recordings, and has the full right to grant the licenses herein without violating any third-party rights.
b. The Music does not infringe on any copyrights, trademarks, privacy rights, or other intellectual property rights of any third party.
c. There are no existing agreements or encumbrances that would prevent the Artist from entering into this Agreement.
3.2 Studio 25 Music represents and warrants that it will exploit the Music in good faith and in accordance with industry standards.
4. Indemnification
4.1 The Artist agrees to indemnify, defend, and hold harmless Studio 25 Music, its officers, directors, employees, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
a. Any breach of the Artist’s representations and warranties.
b. Any claim that the Music infringes on third-party rights.
c. Any liability arising from the content of the Music.
4.2 Studio 25 Music shall promptly notify the Artist of any such claim and allow the Artist to control the defense, provided that Studio 25 Music may participate at its own expense.
5. Term and Termination
5.1 This Agreement shall commence on the date first written above and continue for an initial term of [Insert Term, e.g., one (1) year], __________________________ automatically renewing for successive one-year periods unless terminated by either party with thirty (30) days’ written notice prior to the end of the then-current term.
5.2 Either party may terminate this Agreement immediately upon written notice if the other party materially breaches any provision and fails to cure such breach within fifteen (15) days of notice.
5.3 Upon termination, Studio 25 Music shall cease all new exploitation of the Music but may continue to fulfill existing orders and collect revenues for up to ninety (90) days. All accrued royalties shall be paid to the Artist. The Artist shall regain full control of the Music, and Studio 25 Music shall remove the Music from its catalog and stations within a reasonable time.
6. Miscellaneous
6.1 This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements.
6.2 This Agreement shall be governed by the laws of the State of New York, without regard to conflict of laws principles.
6.3 Any disputes arising under this Agreement shall be resolved in the courts of Herkimer County, New York.
6.4 This Agreement may be executed in counterparts, each of which shall be deemed an original.
6.5 No amendment or waiver shall be effective unless in writing and signed by both parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written.
Studio 25 Music
By: __________________________________________________________
Printed Name:
Printed Title:
Date: _________________________________________________________
Artist
By: ___________________________________________________________
Printed Name:
Date: _________________________________________________________