Fillable Printable Artist Recording Contract Sample
Fillable Printable Artist Recording Contract Sample
Artist Recording Contract Sample
Artist Recording Contract
Sample
Artist Legal Name Appears Here
Artist Social Security Number
Artist Address Here
Artist Recording Contract
Agreement made as of the (day of week) in the (month) of in the year of
2010/2011 between, hereinafter referred to as the "company" and, hereinafter
referred to as the "Record Label" or "Recording Company" and (name of artist
here), hereinafter referred to as the "artist" and (name of artist's music company
here), hereinafter referred to as the artist, artist’s corporate sponsor, business
sponsor, or music company.
WITNESSETH:
Whereas, the artist is a singer and performer; and Whereas, the company is
a record company, r ecord producer, record promoter, and among its numerous
other functions, markets musical compositions and performances; and whereas,
the parties are desirous of entering into a contract whereby the artist will record
songs for the recording company and that company will attempt to market the
same for a period of 12 months commencing with the date of the signing of this
agreement;
Now therefore in consideration of these presents (those signing the
contract) and of the mutual benefits and obligations hereinafter contained, the
following agreement is made:
Definition Of Terms: For the purpose of this Agreement, the following
terms shall have the following meanings and the entirety of the term is expressed
within the body of this contract:
1. "Side" means the equivalent of a single compact disc cut, or a single
song, or a single sound track or the equivalent of a 7 inch 45 rpm , single-sided
recording used in international radio, embodying the recorded performances of
the artist and intended for the use and manufacture of phonograph records, or
compact disc units or 45 rpm records in the international markets or any other
form of music that is currently present on the internet or other cyber area in MP3
format or any future format. This includes any audio file, digital entity, any digital
computer file that is stored, shared, transferred, files that are digitally
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downloaded online or "cloud sharing" files, streamed or otherwise, digital energy
of any kind that is considered a song.
2. "Single" means a single song embodying the recorded performances of
the artist and intended for use in the manufacture and distribution for promotion
of the artist during the 12 month period the artist is under contract. Because of
the recent environmental concerns at many levels in the music industry, all artist
single releases are done nationally and internationally in compilation with other
artists on the same record label. Usually the various mailings are done in
compilation with half of the roster being songwriter clients and the other half
being artist clients the record label is promoting. The record label may choose at
its discretion to solely release the artist's product via the internet, their internet
site and may do it in any internet form so chosen. Regardless of whether the
exact description appears here, this single song, digital file, "cloud sharing"
audio file, digital stream, mp3, wav file, or any future digital energy audio release
(considered a single song) is a part of this contract.
3. "Records" mean all forms of reproductions, now and hereinafter known,
manufactured or used primarily for home use, school use, jukebox use, or use on
means of transportation, or for radio or television airplay, embodying sound
alone, or sound coupled with visual images, or "sight & sound" technology
devices including videos, streaming videos, digital audio singles, compact disc
or laser disc units, internet or cyber space use either in MP3 format, liquid audio,
real audio, wav files, or any of the other many forms of internet use, discovered
now or not discovered, streaming, "cloud sharing" files or future discoveries of
how to deliver a single song for public consumption.
4. "Retail list price," means the retail list price or applicable list price in, at
the record company’s discretion and election that the country or manufacture or
sale (exclusive of all taxes, discounts, duties and packaging and promotional
give-aways) of recordings takes place therein. "Wholesale list price," means 60%
discounted from the retail price whatever the current retail price is in the various
world currencies. "Composition," means a musical composition, jingle, or medl ey
of songs consisting of words, vocal music, and a melody contained on a side of
music that can be legally copyrighted through the Copyright Office of the Library
of Congress in Washington, DC. Copyright Office Information Contact Here
5. "Recording costs" means all costs incurred with respect to the
production of sides embodying Artist’s performances. Recording costs include,
but are not limited to, union scale, the costs of all the instruments, musicians,
vocalists, background vocalists, conductors, arrangers, orchestrators, copyists,
producers, etc., payments to a trustee or fund based on wages to the extent
required by any agreement between the company and the various labor
organizations in the music business, payments
to a trust fund or bank account set aside for the purpose of paying recording
costs, all studio payments and costs for the variou s engineers (master engineers,
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assistant engineers, mastering engineers, mixing engineers, post-mastering
engineers and editing engineers), the costs for recording tape of all kinds, both
analog and digital, editing in the digital editor, mixing or remixing, per diems or
cartage fees (fees companies charge producers to deliver music instruments to
the studio at specified times) rehearsal halls, costs of non-studio personnel
involved in arranging the recording sessions, non-studio facilities that might be
needed, equipment dubbing equipment, time involved in dubbing, transportation
of various players, instruments and any other costs and expenses incurred in the
production of music that the producer or producers deem necessary to complete
the recording to industry standards of presentation to the major labels.
6. "Territory" means the world and "time" for the purpose of this agreement
shall be limited to exactly 366 calendar days after the signing of the contract.
Artist Production Services. The Company hereby engages the Artist to render
such services as it may require in the production of phonograph records and the
Artist hereby accepts such engagement and agrees to render such services for
an initial period of 12 months commencing on the dates set by the producer to
record the artist in the studio. The boundaries of this obligation are herein
explained now in the body of this contract.
1. The producer will set a date to record the artist upon artist wire-
transferring to the producer or record company, or management firm’s
trust fund or bank account a deposit sufficient for the company or
producer to engage the studio, arranger, session leader, players, and
various other union organizations that the company or producer is
signatory to including but not limited to the American Federation of
Musicians, SAG/AFTRA, Country Music Association, Gospel Music
Association, ASCAP, BMI, or SESAC or any other organization that is
pertinent to fulfilling the terms of this contract.
2. The deposit amount is a non-refundable sum which shall be
distributed to the various player representatives, company, recording
company representatives, studio, studio representatives, mastering
facilities or w hatever the source that is being scheduled by the producer or
record label representative for the artist’s recording. The usual minimum
amount required to schedule one studio day is $1,000.00 US dollars and the
deposit would reflect the number of days and players that were needed to
be scheduled in advance for the recording session s.
3. The artist cannot cancel a session without giving the producer, or
company representative notice, ten (10) business days prior to the
recording session. If a session is canceled, the deposit is still
nonrefundable or may be applied to another date that the recording
company, producer or record label representative re-schedules with the
artist at a later date. Since the various unions in New York, Nashville, and
Los Angeles where the great percentage of all music recording is done,
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require the record company, producer, or record label representative to
have "all" of the money for a session in a local fund or bank 72 hours prior
to the session being called, the full amount of the contract is payable to the
company, producer, or label’s trust fund or bank account in certified funds
3 business days (72 hours by wire-transfer) prior to the actual session
being called.
4. During the term of this agreement, the artist agrees to perform for
the recording of the various sides, embodying compositions theretofore
approved by the artist, label, and artist’s producer. Such recording will take
place at an approved 32 track studio or 24 track studio that is acceptable to
the producer and record label executives. The times of the recording will be
mutually acceptable to the artist, producer, record label, and label’s
representatives. Session times are as follows for AFM studio musicians:
(a) Monday through Friday at the following times: 10:00 a.m.,
2:00 p.m., 6:00 p.m., and 10:00 p.m. Weekends and all time after
midnight is considered “ premium time” and additional charges will
be added for any session called after 10:00 p.m. on Friday night.
Holidays normally recognized by the Federal Government are also
recognized by the local unions and sessions called on those days
are considered “ premium sessions” and 3 & 1/2 times the normal
session rates will be in effect.
(b) Should the artist fail to appear at any of the recording
sessions agreed upon for w hich the artist has been given reasonable
notice, then the company shall have the right to cancel the artist’s
contract, charge any out-of-pocket expenses, or other expenses
relating to artist’s failure to appear as scheduled back to the
production contract seek equitable relief from the artist, his
sponsor’s or representatives.
(c) During the contract period, the artist shall have complete freedom
to perform publicly at any place, and at any time so scheduled by the artist
without the interference of the record company. None of the monies that
the artist earns from the artist’s personal appearances shall be
encumbered b y the company, label, or it’s representatives. One hundred
percent (100%) of all personal appearance fees shall belong to the artist,
his management company, and his agent. Said monies to be directly
deposited to the artist’s bank account so designated and all agreements
with agent’s and managers paid out of the bank account by the artist to
those various agencies, talent coordinators, etc. that are involved in the
booking of various engagements on his behalf.
d. A special wire-transfer sheet is included with this contract.
All record label monies, management and production expenses are
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to be sent to this account and this sheet is included in the exhibit list
and is labeled Exhibit B.
Record Company Options Must Be Exercised In Writing During Terms Of
This Agreement Options In Contract
During the contract period the recording company may exercise one or
more of the follow i ng options:
1. The artist is under what is called a “recording obligation” for the next 12
months. The artist will fund the initial cost of presenting himself or herself to the
record company with a minimum of at least two sides cut from scratch in the
studio or a minimum of at least 5 songs, recorded using company master sound
tracks. Further recording obligations, should the artist be signed to a major label
will be at the expense and obligation of the label to whom the artist is signed.
However, the artist must understand that all monies furnished to the artist will be
charged back to his/her account at a major label from which all of the total
monies will be recovered from the artist’s publishing, record sales, personal
appearance schedule, corporate sponsorships, product sales of any/all kinds,
any music related items offered for sale on the artist’s behalf, road albums,
endorsements or gifts. There are absolutely no "free rides" in the music
business, not even at the major label level. All costs are recoupable by the
company.
2. None of the following can be charged back to the artist while the artist is
signed to the development label during the next twelve months, and the following
represents a list of items that the development label is paying for in behalf of the
artist after his presentation tape is completed. Manufacturing of artist’s single
record on compact disc in compilation with label’s roster; ||| Mailing, labor, and
postage to mail the artist’s single to all of the Billboard radio reporter stations
and radio reporter panel; Service to reporter and non-reporter stations; Service &
re-service costs; Fulfillment center costs for requested products; National and
international distribution; In-house label promotion of the artist’s single; Shipping
costs & designation fees; Compact Disc unit prep and outreach costs; Graphics
& design charges; All of the items in the above enumerated list above, should the
label decide to release such artist product, will be paid for by the record label on
behalf of the developing artist and no charge backs are allowed. Any
compensation for the above costs would have to be recovered by the developer
from signing the artist to a major label during the contract period or up to 12
months after the contract period through the continued promotional efforts of the
developer with the artist’s sides recorded for the developer, producer and record
label herein mentioned.
3. Artist may be called back to record at least one album on behalf of the
label, producer, record company or their representatives after the contract period
expires should the company have a contractual offer in hand from one of the
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major labels or major independent record labels so distinguished by the sale of
over $1 million dollars in total sales during a label’s calendar year. Said obligation
is referred to as the artist’s "overcall album" and option on the part of the record
company may be exercised at any time the company has written offers in hand
for the artist’s consideration. Major labels in Nashville shall include, but not be
solely limited to the following: Arista, Atlantic, EMI Capitol, Columbia,
Dreamworks, Epic, MCA, Mercury, RCA, Reprise, Sony, or Warner Brothers or
subsidiaries thereof.
4. The "overcall album" shall be completely subject to all of the terms and
conditions of this agreement and artist shall be given sufficient notice of such
option being exercised in writing at least 30 days prior to the notice of time to
appear to record and shall be entitled to fair payment for "time and
inconvenience" in recording for such label and all total costs for the album will be
paid for by the label.
5. During the term of this agreement, the artist will not perform, license or
consent to the use of the artist’s name, likeness, voice, biographical information,
any music related material or other identification for or in connection with the
recording or exploitation of phonograph recordings by or for anyone other than
the parties within this agreement without having received permission from the
parties in the management positions within this agreement. No one can
unreasonably withhold their approval or permission from the artist should the
artist’s career benefit or should the artist be in a position to receive
compensation from an event, story, or any other thing that would in fact further
their career.
6. Artist further warrants not to perform or to license or to consent to the
use by or exploitation of any phonograph record or recording by the artist
embodying any com position that the artist has recorded und er this agreement for
another record label, management company, or producer for a period of 12
months subsequent to the expiration or termination of the terms of this
agreement since the promotion of the artist’s single record will be continuing
even after the terms of this agreement have ended. Under the normal course of
distribution, a record label is obligated to have the single record in compilation
out within 9 months of the recording date and promotion of a single record will
normally take approximately another 9 months to complete distribution to radio
nationally and internationally, should the label exercise their right to release the
aritst's product. That right shall be the sole and exclusive right of the label
executives.
Payment Policies & Procedures:
It is agreed and understood between the parties that the Artist, sponsor or
music company has paid a deposit by wire-transfer or certified funds to the
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recording company, management company, or producer’s trust account or bank
account in the following sum:
Deposit Paid $___________
Method Used ___________ wire transfer
By ___________ certi fied check
The check or wire transfer between the parties has been sent to Capitol
Management as a deposit for the recording of the following artist:
Wire Transfer Sheet
Artist Name Here
The total number of sides recorded w ill be as follows:
Description here
The balance of the recording contract is due and payable 72 hours prior to
the session being called. The recording date is scheduled for (day) of (month) in
the year of (year). The total cost of recording the complete project less the
amount of the deposit which has already been paid prior to the issuing of the
Artist Recording Contract is Dollar balance here The parties have mutually agree d
that the total amount of the recording and production budget will be used by the
record company and producer to pay for the recording costs associated with the
items set forth in the attached budget which is shown at the end of this contract.
All sides recorded during the terms of this contract shall be recorded by the
Artist on the record company’s behalf, and 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,
throughout the territory, free from any claim whatsoever by the artist or by any
persons deriving any rights or interest from the Artist. The original DVD/Compact
Disc masters with the artist’s vocals shall become the property of the artist at the
conclusion of this agreement. The music tracks that the artist has recorded with
the record company will be retained by the record company and will be the
property of the record company in perpetuity.
Record Label’s Distribution Rights
The record label shall have the right to secure it’s compact disc
compilation album rights, the album copyrights, and the sound track copyrights
in the company’s name as the owner and author thereof any/all record label
product. This right does not prevent the artist from obtaining retail product for
his/her use with the record label’s logo, insignia and name and phone numbers
therein. The record label shall have the use and renewal right to any/all
copyrights and sound track rights displayed on their label for perpetuity. 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
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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 and phonograph records, cassettes, cas-singles,
compact disc units, videos, or a combination of any of the above embodying the
sides recorded in any or all fields or use by any method now or hereafter known
such as through the internet, home-shopping channel, home-music channel,
satellite television or any of the internet services such as America On-Line,
Comcast, cable or satellite services, Micro-soft, etc. The record company shall
also have the sole and exclusive right of first refusal to do any of the above with
anyone that the record company feels is not in the best interests of its label or
artist roster.
2. The record company or management firm may also withhold their
permission for the artist to perform the sides publicly or to permit the
performance of their product or compositions on any radio broadcast, media
outlet or magazine that is not in the public’s best interest or the record
company’s best interest or does not meet the standard’s of public decency in the
region in which the company exists or is attempting to market the artist’s image.
Should the artist choose to participate in any public venture that might cause the
record label liability, then the record company has the right to immediately
terminate the artist’s contract for breach of this provision or any other good/just
cause deemed necessary.
3. The record company shall have the sole and exclusive rights to
distribution of it’s own product and has the sole and exclusive power in what
radio, television broadcast, or media outlet the artist or parties speak with
concerning this recording contract. In all matters regarding the media, the record
company’s official publicist shall issue all press releases and statements. The
management firm and record company shall have the sole and exclusive right to
use or to refuse to use all of the artist’s pictures, professional and non-
professional, color or black & white, videos or home videos, to use and publish
the name of the artist, including all professional, group, or assumed stage names
of the artist, in connection with the sale, promotion, exploitation, and promotion
of the derivatives of the sides recorded throughout the territory and for the
continued release of any/all derivatives of the sides recorded, and may continue
to promote and exploit those sides through anyone, or any medium the company
feels is furthering its name, trademark, or label to which the company and its
licensees may from time to time enter into agreements with or from time to time
elect to do business with.
Domestic Sales
On albums, digital files, streaming, cloud sharing technology, compact disc
units, 45 rpm records or any derivative upon which the artist’s voice is found, a
statutory royalty will be paid on any/all product sold with the exception of any/all
promotional pieces distributed without cost in the artist’s behalf.
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1. The Artist shall be entitled to $0.60 (sixty cents) minimum on every 12
song CD sold and distributed at retail and 50% of statutory payments on any/all
other derivatives sold at wholesale. Any statutory increases decreed by statutory
law within the State of Tennessee, or by the Federal Government will be honored
in behalf of the artist in this agreement and any/all payments that the record
company is obligated to pay will be paid promptly upon the 5th day of the month
at the beginning of each quarterly payment period in the music industr y. 2. Single
compact disc records sold in compilation, each artist’s share of the royalty
payments shall be calculated by dividing the total number of sides or
compositions of the compilation disc into the statutory payment and all artist’s
shall be paid equally regardless of chart status or sales status. A minimum of
$0.10 (ten cents) per disc will be paid to each artist and any/all statutory rate
increases shall be observed and paid to the artist as well as noted in the above
paragraph. On compact disc albums of just a single artist’s material, a statutory
royalty of $0.80 (eighty cents) minimum shall be paid to the artist or the sum of
08% of retail or 04% of wholesale whichever shall be greater. The average cost of
a retail compact disc unit during the term of this agreement is calculated at
$14.95 US Dollars and the royalty payment would be $1.79 per unit less
destination charges and any/all government taxes, liens, or other excise
payments and any/all recoupable expenses the record label holds as
"recoupable," against the artist account. No royalties will be paid on promotional
pieces of product or any product that is given away to advertise the artist’s
appearance or to further the artist’s career. That product base expense shall be
the record company’s responsibility and the record company shall have the sole
and exclusive right to determine how many pieces of promotional product it uses
to further the career of each artist.
International Royalties
The royalties due the artist on albums, cassettes, cas-singles, 45 rpm
records, phonograph records, or compact disc units sold internationally will be
exactly 50% of the royalties calculated for national distribution in the United
States after the royalties have been exchanged into U.S. currency. No royalties
will be paid on product given away to promote the artist overseas to radio
stations, tour companies, or any other advertising purpose that the record
company may deem necessary in furthering and enhancing the artist’s image
outside the U.S. Again, the base costs of the development, production, and
distribution of this product w ill not be charged back to the artist w hile the artist is
signed to this development label.
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Section B:
Mutual Covenants
It is agreed between the parties that they shall mutually determine the
songs that the producer will record and be performed by the artist in the studio.
The producer and record company shall have the right to produce the recordings
exclusively using their label personnel and union session musicians only. The
company shall also have the right to hire such other producers, or
subcontractors as it may choose to hire to further the artist’s career.
Artist’s Original Compositions
1. Artist warrants that there are no restrictions with respect to
compositions that the artist claims are his original songs and that a legal
songwriter’s contract, a copyright and a publisher’s agreement has been reached
prior to the recording of such original sides.
2. Artist further covenants and warrants that he has the sole right to record
such original songs without any restrictions whatsoever and that he has not
entered into any written, oral, or other binding agreement or proposition of any
kind prior to recording such songs on behalf of the record company or its
licensees. Artist covenants and warrants that he/she has not ever entered into
any written, oral or other agreement which would affect his signing with a major
label prior to signing with this development label which develops talent
exclusively for major labels and major independents only.
Producer & Co-producer Covenants
"Hold Harmless Agreement"
Artist, artist’s music company representatives, artist’s management,
artist’s agents, and family and future management, agents, or family
representatives of the artist’s music company warrant that if the producers and
management company that the artist has signed a development contract with,
arrange to sign the artist to a major label within the terms of the agreement and
for 12 months thereafter through their efforts, that the artist shall permit producer
and the co-producer on this contract to have the following rights follow this
contract to be included in the contract that the artist signs with a major label:
a. Producer and co-producer shall be entitled to their statutory
producer payments of 2% of the total amount of money that a major label
spends on the production of the album, and the company’s management
firm shall be entitled to 2% of the total gross revenue from the artist’s
sales, corporate sponsorships, products sold, and any/all receipts related
to their signing with a major label for as long as the artist is signed to any
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major label including major independent labels or major labels that might
sign the artist in sequence after the first label.
b. Such payments shall be paid to the producers and their
management firm by the major label, or major independent label to which
the artist is signed. None of these payments would be paid by the artist
directly to the parties within the terms of this agreement,
but any/all payments would be the direct responsibility of the major label to which
the artist has made an agreement in writing and for the term of that agreement or
any subsequent major label offerings that were made after the first label offering
or agreement was entered into.
c. Producers shall also have the right of first “pitch” to artist for his album
at the major label. Should there be a choice between a song that the label likes
and a song that the artist likes from the producer’s publishing company, then the
major label would be obligated to include on the artist’s album at least one song
from the producer’s publishing company if the artist so desires to cut that
composition. This right would only involve one cut per album and one single
release and video release per year.
Carefully Read This Section!
d. Realizing that the music business is a “high risk” investment for
any artist, artist and producer agree an d warrant that the artist is not in any
way placing his family’s financial security in jeopardy, that artist is not in
any manner mortgaging his home, car, or business to obtain the money to
record, and has not nor will he/she put anyone in his immediate family in
any t ype of financial hardship to pay for this presentation tape or recording
opportunity. Artist also covenants that he/she is not basing his decision to
record on any intangible or fraudulent promises, dreams, or incentives
given him 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. This risk is
understood up front and placed within the text of this agreement between
the parties so that everyone concerned realizes that the producers,
management firm and record company have nothing but the purest ethics
in mind and everyon e w ho enters into this joint-venture contract is taking a
risk and putting up something towards the goal of obtaining a major label
contract for the artist. Artist agrees and warrants to hold the producers,
record company, and management company “completely & totally
harmless” from lawsuits, litigation of any kind whatsoever, that might
proceed from any misunderstandings spelled out or not spelled out in this
agreement. If such a disagreement happens, then both the artist and the
producers have agreed in this contract as mature adults to seek binding
arbitration for their differences outside the bounds of a lawsuit and before
