What is a performance rights agreement, and what are its legal requirements?

A performance rights agreement is an agreement between a performer or artist and an organization or individual that gives the organization or individual permission to use the performer or artist’s work. This agreement regulates how the work will be used, paying the rights holder (the artist or performer) in exchange for their music or performance. In New York, performance rights agreements are governed by the law of contract. This means that any agreement between a performer and an organization or individual must be in writing and must meet certain requirements in order to be valid. These requirements include specifying the scope of the agreement (what the organization or individual is allowed to do with the work); outlining the financial arrangement between the parties (e.g. the amount of money the rights holder will be paid in exchange for the use of their work); and setting out the ownership rights of the rights holder (which may include rights to royalties, copyright, and/or publicity). In addition, in New York, performance rights agreements typically require that the rights holder provide the organization or individual with a copy of the work. This copy is known as an “exclusive master” and must comply with the laws governing sound recordings in New York. This means that the organization or individual must obtain permission from the rights holder before making changes to the work or using it in any way. Overall, a performance rights agreement is a legally binding contract that provides mutual protection for both the organization or individual and the rights holder. The agreement must meet the legal requirements of New York in order to be valid and enforceable.

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What is a performance rights agreement, and what are its legal requirements?

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