Archive 9. March 2021

What is a Band Take Over Agreement?

The record company licenses the band to a label/ producer/ artist.

In most cases, a chargeable advance on the expected license income is paid.

The record company has no artistic co-determination in the recordings.

The exploitation period and contract territory are usually limited.

You can find a sample contract of a tape transfer contract here.

Is acquisition of rights in good faith under German music law lawful?

Unlike physical property, intellectual property does not involve the acquisition of rights in good faith (Gutgläubiger Rechteerwerb).

The consequence of this is that a label/sound recording producer can have the existence of the rights chain secured by the producer with corresponding artist letters (artist insurances).

What is an artist agreement?

Artist contract by which an artist is signed exclusively with a record label/label/producer for a certain period of time (usually one to three years). The artist’s contractual partner finances the recordings in advance and is usually granted a large conceptual and artistic right of co-determination, with a rather low license rate for the artist.