A Standard Clause providing a distributor with the exclusive right to resell products purchased from a manufacturer, producer, or other supplier within a specified geographic territory during the term of the underlying distribution agreement.
Differences between agency and distribution An agent is appointed to negotiate or conclude contracts on the supplier's behalf. A distributor effectively becomes the supplier and contracts are made directly between the distributor and the customer.
A distribution agreement, also known as a distributor agreement, is a contract between a supplying company with products to sell and another company that markets and sells the products. The distributor agrees to buy products from the supplier company and sell them to clients within certain geographical areas.
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.
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.
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.
The best way to find the best deals for your needs is to research and compare different offers, different labels and distributors, which will help you get the most out of your music. Start your research by looking at the market share of a company and see companies they distribute to, among other things.
A distributor offering services will take a percentage of gross revenue, usually 15-20%, but sometimes as high as 50%. Read the fine print of any deal you're thinking of signing and have it looked over by a reputable entertainment lawyer.
Is a music distribution deal worth it? The short answer is yes! Whether you're self-releasing with a distribution service provider, or signing a distribution deal with a record label, getting your music to market is always a huge moment.