You can also play around with bold and larger font sizes if you want to emphasize certain portions of the contract.
Sample language could read, “This agreement made of [insert blank line for the date] between [insert your name] (‘company,’ ‘Record Label,’ or ‘Recording Company’) and [insert blank line for artist name] (‘artist’). ”[2] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
You could write: “Whereas the parties desire to enter into a contract whereby the artist will record songs for the recording company and that company will try to market the songs for a period of 12 months starting with the date this agreement is signed. Now, therefore, in consideration of the mutual benefits and obligations contained in this agreement, the following agreement is made. ”[4] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
One term you will definitely need to define is “territory. ” The record label gets rights to only certain territories. When signing a new artist, the label usually defines the “territory” as the entire world. [5] X Research source More established artists will try to get separate contracts for different territories, such as North America. You might want to save this step for last. Once you finish a draft of the contract, you can then go back through it and identify unclear terms.
For example, you could write, “The artist is under a ‘recording obligation’ for the next 12 months. The artist will fund the initial cost of presenting him or herself to the record company with a minimum of at least five songs, recorded using company master sound tracks. If the record label signs the artist, then further recording obligations will be at the label’s expense. However, the artist must understand that all monies furnished to the artist will be charged back to his or her account. All of the money will be recovered from the artist’s publishing, record sales, personal appearances, corporate sponsorships, and product sales of all kinds. There are no ‘free rides’ in the music business, and all costs are recoupable by the company. ”[6] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
manufacture of the single record on compact disc mailing, labor, and postage related to mailing the single to all radio reporter stations service and re-service costs in-house label promotion
For example, you could write: “Artist may be called back to record at least one album on behalf of the record label after the contract period expires should the company have a contractual offer in hand from one of the major labels or major independent record labels. This obligation is called the artist’s ‘overcall album. ’ The company may exercise an option at any time the company has written offers in hand. The ‘overcall album’ shall be completed subject to the terms and conditions of this agreement. Artist will be provided with sufficient notice of the option being exercised in writing at least 30 days prior to the notice of time to appear to record. ”[7] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
Use a clause like this: “Artist agrees that during the period of this agreement that he/she will not perform for any other person, firm, or corporation for the purpose of producing commercial sound records. Artist also agrees that after the expiration of this agreement not to record for anyone else any of the musical selections recorded under this agreement, and that in the event of a breach of this covenant, the company shall be entitled to an injunction to enforce same, in addition to any other remedies available to it at law or equity. ”[8] X Research source
“Artist warrants not to perform or license or consent to the use by or exploitation of any phonograph record or recording by the artist for another record label, management company, or producer for a period of 12 months subsequent to the expiration or termination of this agreement. ”[9] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
For example, you could state, “Artist has paid a deposit to the recording company in the following sum: [insert a blank line to record the sum]. ”[10] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source You can also identify the method used (such as wire transfer, certified check, etc. ) and where the money was sent (i. e. , the name of your bank).
For example, you could write: “The artist must pay the balance of the recording contract 72 hours prior to the session being called. The recording date is scheduled for [insert blank line for the date]. The total cost of recording the complete project, less the amount of deposit, will be [insert blank line to enter the amount]. ”[11] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
“The artist cannot cancel a session without giving the producer, or company representative, written notice at least 10 business days prior to the recording session. If a session is canceled, the deposit is nonrefundable. However, it may be applied to another date. ”[12] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
You could write, “All sides recorded during the terms of this contract shall be recorded by the artist on the record company’s behalf. All records or discs made therefrom, together with the performances embodied therein, shall from the inception of their creation be entirely the property of the record company in perpetuity, through the territory, free from any claim whatsoever by the artist. ”[13] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
For example, you could include this distribution provision: “The record company shall have the sole and exclusive right to use the sides throughout the territory or any part thereof in any manner it deems fit, including without limitation the sole and exclusive right in perpetuity and throughout the territory to manufacture, advertise, sell, distribute, lease, license, or otherwise use or dispose of the sides. ”[14] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
Most recording labels pay a lesser royalty amount on international sales than they do on domestic sales. If the artist has a lawyer, then you should expect to negotiate the royalty rate. [16] X Research source To understand what is a standard royalty rate, contact other record labels or meet with an experienced lawyer in the music industry.
For example, you could include this covenant: “Artist covenants that he/she has the sole right to record such original songs without any restrictions whatsoever. Artist further warrants that he/she has not entered into any written, oral, or other binding agreement of any kind prior to recording such songs on behalf of the record company. ”[17] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
You might write: “Artist agrees and warrants to hold the record company ‘completely and totally harmless’ from lawsuits, and litigation of any kind whatsoever, that might proceed from any misunderstandings spelled out or not spelled out in this agreement. ”[18] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
“If a disagreement does arise, then the parties have agreed in this contract to seek binding arbitration for their differences outside the bounds of a lawsuit and before an arbitration panel made up of people within the music community who understand the legal aspects of each and every facet of this agreement. ”[19] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
For example, you could have the artist promise to the following: “The artist covenants that he/she is not basing a decision to record on any intangible or fraudulent promises, dreams, or incentives given him/her by the producers, company, or management firm. It is the reality of the music business that the artist is taking a chance at recording and may or may not ever be signed to a major label in the future. ” Also, you can have the artist warrant that no one is guaranteed success: “The artist understands and warrants that no one can guarantee ‘superstardom’ in the music industry. Only a small percentage of acts signed to the major labels go on to achieve superstardom. ”[20] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source For extra emphasis, you can set these provisions off in bold type.
For example, you could write: “If artist is in material breach of any material term or provision of this agreement, or if the company determines that artist’s ability to perform as a recording artist has become impaired, then in addition to all other rights and remedies available to the company at law or equity, the company shall have the following options: (1) to terminate this agreement at any time, whether or not artist has commenced to cure the default before such termination occurs; (2) to suspend the company’s obligations to render accounting statements or payments to the artist until such time as the artist eliminates the default or condition; and/or (3) require artist to repay to company the amount of any advances not yet recouped. ”
A sample merger clause might read: “This contract contains the entire agreement between the parties with respect to the matters contained herein. It may not be modified, waived, or supplemented except in a writing signed by all parties. ”[21] X Trustworthy Source American Bar Association Leading professional organization of lawyers and law students Go to source
A choice of law provision could read: “This contract shall be governed and construed in accordance with the laws of Tennessee, excluding that State’s choice-of-law principles, and all claims relating to or arising out of the contract, or the breach thereof, whether sounding in contract, tort, or otherwise, shall likewise be governed by the laws of Tennessee, excluding that State’s choice-of-law principles. ”[22] X Research source
name address daytime telephone evening telephone fax number email address
Record Label Representative Management Company Producer Co-Producer Artist or Artist’s Music Company Representative
If you don’t have a lawyer, then ask other recording companies who their attorney is and whether they would recommend their attorney. You can then call the lawyer and schedule a consultation. Take your sample contract with you.
Your lawyers may have to talk with each other to negotiate compromises on some issues. Make sure that each side agrees to the entire contract before signing it.
