record label contract sample

This article has been viewed 20,621 times. Now, therefore, in consideration of the mutual benefits and obligations contained in this agreement, the following agreement is made.”. We use cookies to make wikiHow great. Doctor of Law, University of Wisconsin-Madison. 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. This article has been viewed 20,621 times. If you don’t have a lawyer, then ask other recording companies who their attorney is and whether they would recommend their attorney. 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 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. To understand what is a standard royalty rate, contact other record labels or meet with an experienced lawyer in the music industry. We know ads can be annoying, but they’re what allow us to make all of wikiHow available for free. The contract also explains how royalties are calculated for each sale. In order to make sure that the recording contract is complete, the drafter should show it to a qualified attorney. wikiHow is where trusted research and expert knowledge come together. By using our site, you agree to our. Once you finish a draft of the contract, you can then go back through it and identify unclear terms. You can also play around with bold and larger font sizes if you want to emphasize certain portions of the contract. Carefully put together by a legal team. Purchase individually or as part of a pack. If the artist has a lawyer, then you should expect to negotiate the royalty rate. This agreement (the "Agreement") is entered into between: _____ ("Company") and _____, known collectively as _____, and performing under the name _____ (referred to as "Artist."). The parties hereto agree to negotiate reasonably, in good faith a more formal agreement consistent … Clinton M. Sandvick worked as a civil litigator in California for over 7 years. Introduction. You can also identify the method used (such as wire transfer, certified check, etc.) However, it may be applied to another date.”, You could write, “All sides recorded during the terms of this contract shall be recorded by the artist on the record company’s behalf. There are 24 references cited in this article, which can be found at the bottom of the page. Please help us continue to provide you with our trusted how-to guides and videos for free by whitelisting wikiHow on your ad blocker. Recording contracts are usually drafted by the record label, though an artist should have a general sense of what is in one. This article was co-authored by Clinton M. Sandvick, JD, PhD. You can then call the lawyer and schedule a consultation. If a session is canceled, the deposit is nonrefundable. This article was co-authored by Clinton M. Sandvick, JD, PhD. % of people told us that this article helped them. He received his JD from the University of Wisconsin-Madison in 1998 and his PhD in American History from the University of Oregon in 2013. 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. Your lawyers may have to talk with each other to negotiate compromises on some issues. There are no ‘free rides’ in the music business, and all costs are recoupable by the company.”, manufacture of the single record on compact disc, mailing, labor, and postage related to mailing the single to all radio reporter stations, 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. If the record label signs the artist, then further recording obligations will be at the label’s expense. {"smallUrl":"https:\/\/www.wikihow.com\/images\/thumb\/0\/06\/Draft-a-Recording-Contract-Step-1.jpg\/v4-460px-Draft-a-Recording-Contract-Step-1.jpg","bigUrl":"\/images\/thumb\/0\/06\/Draft-a-Recording-Contract-Step-1.jpg\/aid7454986-v4-728px-Draft-a-Recording-Contract-Step-1.jpg","smallWidth":460,"smallHeight":345,"bigWidth":"728","bigHeight":"546","licensing":"