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MUSIC RECORDING CONTRACT
THIS CONTRACT (the "Agreement") dated this ________ day of ________________, ________
BETWEEN:
_________________________ of _________________________(the "Company")
OF THE FIRST PART
- AND -_________________________ of _________________________(the "Artist")
OF THE SECOND PART
BACKGROUND:
IN CONSIDERATION OF and as a condition of the Company producing and distributing certain recordings for the Artist and other valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, the parties to this Agreement agree as follows:
Company
Artist
IN WITNESS WHEREOF the parties have duly affixed their signatures under hand and seal on this ________ day of ________________, ________.
_____________________________Witness
_________________________per: ____________________(seal)
______________________________________________________
Exhibit "A"
DEFINITIONS
"A&R" - An A&R person is an employee of a record company who is in charge of finding and developing new talent including matching specific artists to appropriate performance material.
"Album" or "LP" - one 12-Inch 33 1/3 r.p.m. record, CD, or its equivalent, having at least none tracks and none minutes total playing time.
"Composition" - a single continuous musical performance, including but not limited to musical spoken words, bridging passages and medleys.
"Controlled Composition" - a Composition owned or controlled and most often written by the Artist.
"Cross-Collateralize" - to secure a pre-existing debt with an unrelated or independent asset or revenue source.
"Delivery" and "Deliver" - with respect to Master Recordings to be Delivered under this Agreement. Complete performance by the Artist of all of the Artist's recording obligations under this Agreement to the approval by the Company.
"Distributor" - a company which has the right to manufacture and/or distribute Records derived from the Recording made pursuant to this Agreement.
"Label" - a company that produces musical recordings for commercial distribution.
"Master Recording" - every recording of sound or sound plus video, by any method now known or discovered in the future, which is used in the recording, production and manufacture of records or Video. Under this Agreement a Master Recording of a single song will be no less than 2.25 minutes in length.
"Mechanical Royalties" - Mechanical royalties are required to be paid under copyright law and are fees paid to the songwriter for the right to use and distribute a song on an Album or CD. Mechanical Royalties are paid at a rate per Album or CD sold or distributed.
"Net Sales" - Eighty Five (85%) percent of gross sales for which the Company receives payment and which are not returned for refund or exchange.
"Recording Costs" - all costs representing direct expenses incurred by the Company in connection with the pre-production, production and post-production of Master Recordings made under this Agreement that are customarily considered "Recording Costs" in the record industry.
"Records" and "Phonograph Records" - all forms of reproductions, now known or discovered in the future, manufactured or distributed primarily for personal or private use, including records of sound alone but excluding Video.
"Territory" - means the United States of America and Canada.
"Video" - an audio-visual work consisting of a Master Recording of one or more Compositions synchronized with a moving visual image most usually of the Artist performances.
Last Updated December 20, 2024
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A Music Recording Contract is an agreement that a recording company and artist use to outline the terms of their working relationship. When executed correctly, this contract establishes each party's rights and obligations during the length of the agreement.
This type of agreement should outline who controls recording choices, how much compensation each party is entitled to, and more. Creating a Music Recording Contract before you begin recording music or video protects both parties and can prevent disputes.
A Music Recording Contract is also known as a/an:
A Music Recording Contract protects both parties by establishing each of their rights and obligations. If either party breaks the contract's terms, the other can take legal action.
A Music Recording Contract provides contractual assurances to the record label during recording and releasing an album. At the same time, it can allow the artist autonomy in certain aspects of the creative process. Additionally, a recording contract can ensure that the studio will front the costs associated with producing and promoting an album.
Our recording contract template is ideal for independent record labels and new recording artists.
Recording studios and musical artists should use Music Recording Contracts.
If you work for or own a recording studio or record label, use a Music Recording Contract each time the organization signs or records with a new artist. Outlining the terms of a working relationship with an artist is essential in protecting the organization's interests.
Often, recording studios want the exclusive right to record, promote, and sell an artist's music. The best way to ensure ownership and control is by creating a Music Recording Contract.
When you present an artist with a written contract, they can fully understand their rights and obligations. Being transparent and forthright is essential in forming positive working relationships. Creating a written agreement can prevent disputes over recording authority and compensation.
If you are a solo artist or part of a group act, such as a band, ensure you use a Music Recording Contract when recording music with a private recording studio. Having a Music Recording Contract helps you ensure your rights are protected, and the studio compensates you fairly.
Generally, artists are not involved in creating their Music Recording Contract. A recording studio will often provide you with a contract, and you can ask for changes as you see fit.
When you give a recording studio all or some of the rights to your music, the studio may be able to control its recording, promotion, licensing, and sales. However, recording with a studio and surrendering some control allows you to benefit from the studio's expertise and resources.
Certain elements must be present when creating a Music Recording Contract. This type of contract should include the following information:
As with most contracts, one party can break a record deal if the other party fails to uphold their obligations and responsibilities agreed upon in the contract. For example, the artist or band might not complete the recordings within the agreed term, or the company might fail to release the album within the agreed period. In such scenarios, the affected party can serve the other party a notice of termination.
Sample
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