Record Label Contract Sample
Record Label Contract Sample
This contract between YOUR RECORD COMPANY's NAME HERE (hereinafter referred to
as the "Agreement") executed and effective this _______ day of ___________, 20___, by and
between ___________________(Artist) (hereinafter referred to as the "Artist") and
_________________________(Company) (hereinafter referred to as the "Company"):
IT IS HEREBY UNDERSTOOD
a. Company is an organization, which specializes in the management, recording, recording
distribution and representation of musical artists;
b. Company is familiar with the musical abilities of Artist and has the expertise, ability, industry
contacts and resources to assist Artist in the furtherance of his/her career.
c. Artist performs under the name "(Artist's Stage Name)";
d. Company and Artist wish to enter into this Agreement to provide for the production and
distribution of the Recording.
IT IS, THEREFORE, AGREED AS FOLLOWS:
A. TERM. The effectiveness of this Agreement shall commence with its execution by all of the
parties, and shall continue thereafter for a period of _________ (#) years.
B. PRODUCTION OF RECORDING. The Recording shall be produced in the following
manner:
1. PRODUCTION. Company agrees to produce one master recording consisting of songs
written and performed by Artist (hereinafter referred to as the "Songs". The resulting recording
(hereinafter referred to as the "Recording") shall include music of not less than forty (40)
minutes in playing duration, and shall be of a quality which is equal to master recordings
normally produced for commercial distribution.
2. CONTRIBUTION BY ARTIST. Artist agrees to full cooperate with the Company, in good
faith, in the production of the Recording; to contribute to such production the music and lyrics
embodied in the Songs; to arrange, direct and perform the Songs in such a manner as to facilitate
the production of the Recording; and to otherwise strictly observe the remaining duties and
obligationsEdit
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3. COSTS.Make tweaks,
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of all travel, hotel and meal costs incurred by Artist in
attending the recording sessions referenced in Section B.5 herein. Company may recover such
receipted expenses pursuant to the production of master recordings or the advancement of the
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promotion, manufacturing and all other bonafide
expenses relating to Artist are deemed recoupable from gross income.
4. ARTISTIC CONTROL. Company and Artist shall be jointly responsible for all decisions
regarding the artistic content of the Recording.
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5. DATES AND LOCATION OF RECORDING SESSIONS. The recording sessions
necessary to produce the Recording shall occur at studios and facilities chosen by Company in
_____________(city) _________________(State), commencing on ____________, 20___ and
ending on ____________, 20___.
6. ADDITIONAL MUSICIANS. Company shall provide and compensate sufficient and
competent musicians to properly perform the Songs, as arranged and directed by Artist and
Producer. Company may recover such costs pursuant to Section B3. herein.
7. TITLE. The title of the Recording shall be chosen by agreement between the Company and
the Artist.
8. COMPLETION AND RELEASE. The Recording shall be completed and prepared for
release and distribution on or before ___________, 20____. Company and Artist acknowledge
that time is of the essence in the completion of the Recording, and each agree to exercise all
reasonable means to achieve such completion.
9. ASSIGNMENT OF EXCLUSIVE RIGHTS BY ARTIST. Upon the timely occurrence and
performance of all material events and obligations required to produce the Recording, Artist
shall assign to the Company all of his/her rights, title, and interest in and to the following
property, for distribution and commercial exploitation in the United States and Canada:
a. The Songs,
b. Artist's performance of the Songs contained in the Recording,
c. The title of the Recording.
10. LICENSE FOR USE OF NAME AND IMAGE. Upon the timely occurrence and
performance of all material events and obligations required to produce the Recording, Artist
shall grant to the Company the exclusive license to use the name "
____________________(Artist)__", and the Artist's photographic image, in the promotion and
distribution of the Recording.
11. FORM OF ASSIGNMENT AND LICENSE DOCUMENTS. The form of documents to
be executed by Artist, pursuant to Section C. and D. herein shall be identical to the
"Assignments" and "License" respectively attached hereto as Exhibits "C" and "D", and
incorporated herein by this reference.
12. COPYRIGHT. Upon Artist's assignment of the Songs pursuant to Section C. herein,
Company shall proceed to obtain and secure a copyright for each of the said Songs. Each such
copyright shall be the sole property of the Company.
13. DISTRIBUTION. Commencing with the completion of the Recording and continuing for
the term of this Agreement, Company will diligently use its best efforts to secure distribution of
the Recording throughout the world, through one or more major distribution companies
(including record companies, film companies, or any other company). Any such contract entered
into between Company and any such record distribution company shall be subject to the terms
of this Agreement.
14. ROYALTIES. In accordance with the rights granted by Artist to Company herein,
Company intends to contract with a record distribution company for distribution of the
Recording. Company will be entitled to receive royalties or licensing fees (herein collectively
referred
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to as the "Royalties") as a result of such contract. Royalties shall include any compensation
received by Company, or promised to Company, which directly or indirectly results from the
use,
exploitation or existence of the Recording, or any reproduction applied to satisfy costs incurred
and paid by Company pursuant to Sections B.3,and B.6, herein. In the event that Royalties
are insufficient to complete such reimbursement, Artist shall not be liable for such costs. The
remainder of such Royalties, if any, shall be allocated and distributed between Company and
Artist, in the following proportion:
__________________________________ ( %) Percent to Company
__________________________________ ( %) Percent to Artist
Royalties due Artist hereunder shall be delivered by Company to Artist within fifteen working
days from the Company's receipt thereof.
15. B.M.I. MEMBERSHIP. Within a reasonable time after the execution of this Agreement,
Artist shall apply for registration and membership with Broadcast Music Inc. (BMI), a music
licensing organization. Company shall be responsible for any cost or expense associated with
such application or with the Artist's membership in BMI during the term of this Agreement and
the Distribution Period. Company may recover such costs pursuant to Section B#. herein.
16. NON-CIRCUMVENTION. Artist shall not detrimentally interfere with the efforts of
Company to distribute the Recording through one or more distribution companies or enter into
any contract inconsistent with the rights of distribution assigned to Company hereunder. Artist
shall not contact any such potential distribution company except through the offices of the
Company.
17. ADDITIONAL PERSONAL SERVICES. For the term of this Agreement, Artist agrees to
appear at one or more performances to promote the distribution of the Recording. Company
shall schedule and arrange such performances, but Artist shall have the right of prior approval of
the location, date and time of each such performance. The total number of performances during
the term of this Agreement shall not exceed ___________________. Company shall be
responsible for travel, hotel and meal costs incurred by Artist in attending each such
performance, Artist shall be paid one-half (1/2) of the net revenues received by Company for
such performances. Such compensation shall be received by Artist within fifteen (15) days from
Company's receipt thereof. Company may recover such costs (including travel costs and
compensation paid to Artist) pursuant to Section B3. herein.
18. OPTION TO PURCHASE. At any time during the term of this Agreement or thereafter, at
Artist's option, Artist may purchase all rights assigned and/or granted to Company hereunder or
resulting to Company herefrom (including rights of copyright to any and all of the Songs) for
the total sum of:
a. ___________________________, plus;
b. Any receipted costs expended by Company hereunder, but reimbursed, as of the date of
exercise of such option to purchase, plus;
c. _______ Percent ( %) of the gross revenues generated thereafter from the Recording.
Exercise of the option shall be accomplished by the delivery of such amount, in cash or certified
funds, to Company or its express designee. In the event of such exercise, Company shall
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promptly execute all documents reasonably necessary to effectuate such transaction. If and upon
the exercise of such option, the obligations undertaken by the parties herein shall be exercised.
19. ASSIGNMENT BY COMPANY. Prior to completion of the Recording, the rights and
obligations of the Company existing hereunder are personal and unique, and shall not be
assigned without the prior written consent of Artist. Subsequent to the completion of the
Recording, Company may assign its rights and obligations existing hereunder without the
consent of Artist.
20. ASSIGNMENT BY ARTIST. The rights and obligations of Artist existing hereunder are
personal and unique, and shall not be assigned without prior written consent of Company,
21. CONDITION SUBSEQUENT. If Company does not enter into a binding contract for the
distribution of the Recording during the Distribution Period, the assignment and license from
Artist to Company granted pursuant to Sections C. and D. hereunder shall be deemed rescinded
by the agreement of the parties.
22. RIGHT OF INSPECTION. At any time during the term of this Agreement upon prior
written notice to Company of at least seven (7) days, Artist or his/her designated representative
shall be permitted unrestricted access to the books and records of Company which in any way
pertain to Artist, for inspection and photocopying by Artist or Artist's designated representative.
Such books and records shall include, but shall not be limited to, any documents or records
which evidence the receipt or disbursements of Royalties. Company shall maintain such books
and records at its principal office.
23. MISCELLANEOUS.
a) BINDING EFFECT. This Agreement shall be binding upon the successors and assigns of
the parties.
b) ARBITRATION. In the event of a dispute between Company and Artist regarding the terms,
construction or performance of this Agreement, such dispute shall be settled by binding
arbitration in ______________(city, state)________________, according to the rules of the
American Arbitration Association for the settlement of commercial disputes, then in effect.The
award or decision resulting therefrom shall be subject to immediate enforcement in a
_________________(state) court of competent jurisdiction.
c) JURISDICTION/APPLICABLE LAW. Company and Artist hereby submit to the
jurisdiction of the courts of _________________(state) for the enforcement of this Agreement
or any arbitration award or decision arising herefrom. This Agreement shall be enforced or
construed according to the laws of the State of ___________.
d) ATTORNEY'S FEES. In the event that a party is forced to obtain an attorney to enforce the
terms of this Agreement, the party prevailing in such action of enforcement shall be entitled to
the recovery of attorney's fees incurred in such action.
e) COVENANT OF GOOD FAITH AND FAIR DEALING. Company and Artist agree to
perform their obligations under this Agreement, in all respects, in good faith.
f) INDEPENDENT CONTRACTOR. In the performance of his/her obligations of this
Agreement, Artist shall be deemed an independent contractor.
g) INCORPORATION OF RECITALS. The recitals contained at the beginning of this
Agreement are incorporated herein by this reference
24. NOTICES. Any notices or delivery required herein shall be deemed completed when hand-
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delivered, delivered by agent,or placed in the U.S. Mail, postage prepaid, to the parties at the
addresses listed herein.
THE PARTIES AGREE to the terms and obligations and so execute on the day and date first
above mentioned.
______________________________
Artist Company
______________________________
Company
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