An exclusivity clause prevents a party to an agreement from fulfilling the same or similar promise to an outside entity. THIS CONTRACT (the "Agreement") dated this ________ day of ________________, ________, _________________________ of _________________________(the "Company"), - AND -_________________________ of _________________________(the "Artist"). The controlled composition clause in a recording contract places a limit on how much the label is required to pay for songs in which the artist is also the songwriter. Offer + Acceptance + Consideration + (Legality + Capacity) = Valid contract Selections to be included in the Recording under this Agreement will be chosen in the joint discretion of the Artist and the Company. The Company and the Artist agree to perform their obligations under this Agreement, in all respects, in good faith. All Rights Reserved. This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Music-specific Contracts Record Deal An artist assigns and transfers ownership in their sound recording copyright(s) to a record label, (usually) in return for an advance and subsequent royalty payments. Use these tips and resources to get more information about fair contracts … The MFN clause in a music industry contract specifies that one party must give the other party equal or better terms than the ones they have with any outside party. Many contracts contain a “Definitions” section, which explicitly states what significant words mean with respect to the agreement. Recording contracts may include opt-out clauses for the label in the event an act's popularity dips or the act releases non-hit albums under the deal. "Net Sales" - Eighty Five (85%) percent of gross sales for which the Company receives payment and which are not returned for refund or exchange. A Music Recording Contract should include the following: Recording company details (name, contact info) Artist details (group name, names of each artist, contact info) Production details, e.g. "Label" - a company that produces musical recordings for commercial distribution. Communication between you and LawDepot® is protected by our Privacy Policy and not by attorney-client privilege. The Artist grants to the Company an irrevocable non-exclusive license, under copyright, to reproduce each Controlled Composition on Records and to distribute the Recording in the United States of America and Canada. Unilateral contracts, on the other hand, require a promise from one party and performance from the other. Any Royalties remaining will be allocated and distributed between the Company and the Artist, in the following proportion: zero percent (__________%) to the Company; and. If your browser is not JavaScript capable, you can obtain either Firefox or Microsoft Internet Explorer. An artist assigns and transfers ownership in their sound recording copyright(s) to a record label, (usually) in return for an advance and subsequent royalty payments. ©2002-2020 LawDepot® (Sequiter Inc.). The 360 trend is not limited to record labels. The formatting will change when printed or viewed on a desktop computer. This list is not exhaustive; it is an overview of a few of the more common components in music contracts. _________________________per: ____________________(seal), ______________________________________________________. In these agreements, the artist can be either a single person or a group and the company is usually an organized entity. The Company will have exclusive control over all matters regarding the media and press releases. The Artist will assist the Company in obtaining life insurance on the Artist, including submitting to a physical examination, where the Company wishes to obtain such life insurance. Splits that aren’t 50/50 (or evenly split between all writers, for that matter) must be memorialized in writing in order to be recognized by the law as such. A recording contract (commonly called a record contract or record deal) is a legal agreement between a record label and a recording artist (or group), where the artist makes a record (or series of records) for the label to sell and promote. It is important to note that the term is binding and if, for example, the clause says that the agreement lasts until December 31st at 11:59 pm, then that timing must be adhered to strictly. We offer contracts for exclusive rights from a producer to artist, leasing rights, or record label owner contracts to artists. The Artist and the Company acknowledge that this Agreement is reasonable, valid and enforceable. A party can accept an offer by assenting, with intent, to do so. Words in the masculine gender include the feminine gender and vice versa. It is important to take note of any concrete definitions or ambiguities in any contract. "Distributor" - a company which has the right to manufacture and/or distribute Records derived from the Recording made pursuant to this Agreement. Termination rights, however, are subject to many conditions and notification must be given well in advance. Other times, however, terms are simply defined within the flow of the writing, or left undefined. The producer can often negotiate up to a 50% fraction of the label’s net receipts for a given sound recording. ©2002-2020 LawDepot® (Sequiter Inc.). As long as everything is clear and understood, the Interpretation The Artist waives as against the Company the benefits of any and all moral rights and agrees not to assert any moral rights against the Company relating to the Recording delivered under this Agreement. That contractual amount was never officially released. Record companies put forth huge sums of money to produce, release, and promote an album. For example, a homeowner could contract with a landscaper to have her lawn mowed once per month in exchange for a sum of money. The title of the Album consisting of the Recording will be chosen in the joint discretion of the Artist and the Company. The reason is usually that one party expects too much money, or too large a percentage of profits, to suit the other. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration in accordance with the laws of the Province of Ontario. Ross, however, felt she was never fairly compensated by Motown for her work with The Supremes or her solo releases. Pursuant to the Copyright Act of 1976, authors of copyrighted works have the right to terminate outside ownership in their works and have their copyrights reverted back to them after 35 years. There are plenty examples of recording contracts available in music business guides, legal texts and also online. Performance Causing the Company Liability. Importantly, the offeror must make the offer with the intent that the contract will be a binding agreement if signed. Under this section, the Artist retains the right to be identified as author of compositions embodied upon the Recording. The territory of a contract refers to the legal jurisdictions where the provisions of the contract can be applicable. Put simply, this is the promise to do (or not do) something in exchange for something else.

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