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MUSIC RECORDING CONTRACT
THIS CONTRACT (the "Agreement") dated this 6th day of December, 2019
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 6th day of December, 2019.
_____________________________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 and inclusive of 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.
A Music Recording Contract is also known as a/an:
A Music Recording Contract, or a record deal, is an agreement that record labels use to assert their ownership of the product of a recording session (the master recording) and their licensing rights in the promotion of the record. They also use the contract to detail the payment of a fixed percentage of royalties to singers and/or songwriters who wish to record music (i.e. music artists recording an album or filming a music video).
A Music Recording Contract defines the terms of the recording and distribution process. It provides contractual assurances to the record label regarding the performance and conduct of the singer(s), songwriter(s), band members, during the process of recording and releasing an album. At the same time it can allow the artist autonomy in certain aspects of the creative process and provides that the record label will front the costs associated with producing and promoting an album. These are usually the matters which must be settled in order for a record label to work with a recording artist.
This contract template is ideal for independent record labels and new recording artists.
A Music Recording Contract should include the following:
As with most contracts, a record deal can be broken if either party fails to uphold the obligations and responsibilities agreed upon in the contract. For example, the artist or band might be unable to complete the recordings within the agreed term, or the company might fail to release the album within the agreed time period. In such scenarios notice of termination can be served by the affected party.
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