The term for Distribution Agreements varies, with terms being anywhere from 5 to 15 years. I try to limit the term as much as possible—especially when there is no advance, or a meager one.
The Distributor Agreement should clearly set forth the duties, responsibilities and expectations of each of the parties. The Distributor Agreement should also set forth provisions related to limitations and protections that each party can understand.
A digital distribution deal grants the distributor the right to distribute digital copies of the music. This includes streaming, downloads, and other internet-based methods for accessing music. A physical distribution deal, on the other hand, covers physical mediums such as CDs, vinyl, or cassettes.
Writing--or hiring an attorney to write--a contract cancellation letter is the safest way to go. Even if the contract allows for a verbal termination notice, a notice in writing provides solid evidence of your decision, and it's always a good idea to have a written record.
Termination by performance. When both parties to a contract have performed all their obligations under a contract, including all express and implied terms a contract comes to an end. Each of the parties have performed their obligations with “perfect precision”: exactly as was specified by the contract.
Make sure you also have a right to terminate on notice included in the contract. Draft termination rights broadly – Distribution agreements usually include a right to terminate if the distributor commits a material breach of the agreement, or is insolvent.
A termination clause should also state the notice period and the form of notice required to terminate the distribution agreement. The notice period should be reasonable and proportionate to the type and duration of the distribution agreement, and the nature and severity of the grounds for termination.
File a motion: Once you have gathered the necessary evidence, your attorney will file a motion with the court requesting the agreement to be overturned or canceled. This motion will outline your arguments and provide the evidence supporting your claims.
Distribution agreements often include terms about termination conditions, allowing either party to exit the contract under specified circumstances. These contracts can also address intellectual property rights, ensuring that distributors understand how to handle branding and proprietary information.