Agreement between an Artist and an Audio Cassette Audio Cassette Recording Company
THIS AGREEMENT is made at (City) this________ day of_______ 20_______
between
_________________, residing at ____________________(hereinafter referred to as ‘the ARTIST’),
And
________________[Name of Audio Cassette Recording Company], registered office at ________________ (hereinafter named and referred to as ‘the COMPANY’) party of the SECOND PART.
WHEREAS, Audio Cassette Recording Company has recognized expertise in recording of musical works? And
WHEREAS, Artist wishes to engage Company to record performance and granting exclusive selling and distribution right of Audio or Audio-visual records
NOW THEREFORE, PARTIES IS AGREED HEREBY:
- EMPLOYMENT. Company hereby engages and employs Artist's exclusive personal services and endeavours in connection with the production of sound recordings for period of [months/years](hereinafter ‘Recording Year’), commencing as [Date] and Artist accepts the engagement and employment. Artist agrees to perform to the best of ability at rehearsals and at recording sessions conducted by Company at such times and places as Company directs to record. Artist agrees to record and re-record each selection until a commercially satisfactory master result in Company's opinion.
- CONSIDERATION. In full consideration of Artist's full performance of the terms, undertakings and provisions hereof, and for all rights granted by Artist to Company hereunder, and for all uses of such rights made or authorized by Company, Company will pay Artist the artist royalties at the specified rate applicable for performances recorded by Artist for Company in the respective 'recorded year'. Such royalties to be paid on selections recorded hereunder and sold by Company or labels leasing or buying Company's masters, whichever is applicable, throughout the world as finished CD/CASSETTEs. [Terms & Rates to be decided as per the case]
- DEDUCTIONS FROM ROYALTIES. Company will pay or get a label to pay all costs of recording (including cost of arranger, copyist, orchestration, conductor, musicians, background vocalists, studio, tape, equalizing, editing, mastering, etc.); and the following costs of production of album jackets: rough art, layout, fine art, photography, typography, colour separation. If Artist should fail to appear or be late in appearing at the time and place designated by Company, for recording hereunder, Artist agrees to pay to Company all costs, expenses and charges incurred or paid by Company by reason thereof.
- EXCLUSIVE. Artist agrees to record exclusively for Company. Artist agrees that during the term hereof, including any periods of suspension, Artist will not perform for himself or for anyone else, firm or corporation other than Company, in connection with or for the purpose of making sound recordings. Artist agrees that Artist will not license or authorize any person, firm or corporation to use the name, likeness or any other identification of Artist in connection with any sound recordings made in violation hereof. The Company may, in its own name or in the name of the Artist, prevent any such use. Artist will not at any time make, distribute, sell, authorize or permit any person (i.e. firm, corporation), other than Company, to make, distribute, or sell CD/CASSETTE recordings (or devices for similar purposes) embodying any performance rendered by Artist during the term of this agreement.
- UNIQUENESS. Artist's performances hereunder, and the rights and privileges granted to Company by Artist hereunder, are of a special, unique, unusual, extraordinary, and intellectual character, which gives them a peculiar value, the loss of which cannot be reasonably or adequately compensated for in damages in an action at law and a breach by Artist of any of the provisions of this agreement will cause Company irreparable injury and damage. Artist expressly agrees that Company will be entitled to injunctive and other equitable relief to prevent a breach of this agreement or any portions thereof by Artist. Such relief shall be in addition to any other rights for damages or otherwise to prevent a breach of this agreement or any portion thereof by Artist and shall be applicable only to the making or the authorizing of the making of phonograph /CD/CASSETTE recordings.
- INTERFERENCE. If the performance of Company's obligations under this agreement is delayed or becomes impossible or impracticable by reason of an act of God, fire, earthquake, labor strike disturbances, civil commotion, acts of government, government agencies or officers, any order, ruling or action of any labor union, or any association of artists, musicians, composers or employees, affecting Company or the industry in which it is engaged, or if Artist refuses to rehearse and record when reasonably requested by Company, Company may, upon notice to Artist, suspend its obligations under this agreement for the duration of such delay, impossibility or impracticability, as the case may be; a number of days equal to the total of all such days of suspension shall be added to the then current "recording year." However, Company, in any event, shall continue to make proper accounting and payment to Artist as provided in this agreement.
- ARTIST GRANTS. In consideration of the agreements undertaken by Company herein, Artist has given and granted, and does hereby give and grant to Company the following:
(a) Sole, exclusive, and perpetual right, directly or through authorized parties to manufacture, sell, lease, license or otherwise use or dispose of throughout the world or any part thereof, recordings, masters, tapes, etc., embodying the performances to be recorded hereunder, upon such terms and conditions as Company or authorized parties desire;
(b) Perpetual right to use, publish, and permit others to use and publish Artist's name, likeness, and biographical material for advertising and trade publicity purposes in connection with the sound record made hereunder. During the term of this agreement, Company may use or authorize the use of, as descriptive of the Artist, the phrase "COMPANY EXCLUSIVE ARTIST" or any similar designation;
(c) Sole, exclusive and perpetual ownership in, and all the rights, titles, and interests to the sound recordings made hereunder, including, but not limited to, the right to use and control all masters, matrices and records of other reproductions obtained from recordings made hereunder, and the performances embodied therein. The words, "sound records," "records," "phonograph records," and/or "CD/Cassettes," as used in this agreement mean any device now or hereafter known by which sound may be recorded for later transmission to listeners which is intended primarily for non-commercial usages as that phrase is understood in the phonograph record industry.
(d) Sole, exclusive, and perpetual right, if Company desires, to perform the records publicly, or to permit performances thereof by means of radio broadcasting, or otherwise; Sole, exclusive, and perpetual right to sell or authorize the sale of individual recordings or performances of Artist on singles and in albums, which may contain recordings of performances of other artists.
- NOTICES. Should either party to this agreement desire to give notice to the other party hereto pursuant to the terms hereof, it is required that such notice be mailed by certified or registered mail, postage prepaid, return receipt requested, to the address set forth below the signatures of the parties herein or at such address as each of the parties may designate in writing to the other from time to time. Statements or payments which Company may desire to give to Artist shall be acceptable if same are mailed by ordinary mail, postage prepaid, or by personal delivery. The date of mailing shall be deemed to be the date of such notices, statements, or payments.
- RESTRICTIONS. Artist represents and warrants that there are no agreements which prevent Artist from fulfilling all of the Artist's obligations hereunder, or which will impair the rights granted Company hereunder. Artist agrees that during the term of this agreement, Artist will not enter into any contract or commitment in violation of or inconsistent with the terms of this agreement or which may prevent or impair Company's full enjoyment of its rights to Artist's services, or of the right and privileges granted to Company by Artist hereunder
- (a) NON-EXCLUSIVE -Original Cast Albums. Artist may record for another manufacturer, during terms of this agreement, only in such cases where he performs as a part of an original cast album, or original sound tract, from stage show or screen. Any single record from a stage show album, or screen sound tract, by Artist, can be released by another manufacturer only if Company gives special permission.
(b) NON-EXCLUSIVE- Recording. Not withstanding anything to the contrary elsewhere in this agreement, Company and Artist may at recording sessions for other manufacturers play musical instruments as member of a band and sing as member of a vocal group if and only if Artist does not at any time play or sing a solo part or a featured part as member of a duet or trio. However, Artist may not authorize use of his name in any way, or manner, including label credit and publicity, without written permission of Company.
- TERMINATION
Artist may terminate this Agreement upon written notice in the event of a material breach by Company, including late delivery of the Audios, if such breach is not cured within [days] of notice thereof. If such breach is not cured within that time, Company shall not be entitled to any additional payments and, upon notice by Artist, Company shall refund to Artist any monies previously paid.
- MISCELLANEOUS. Artist and Company agree that at such times as both desires, Company may hire Artist to sing at recording sessions featuring other artist(s).
(a) In the event Artist receives no billing on the completed record labels, Artist shall be paid only what is agreed upon at the session, and shall receive no royalties.
(b) In the event Artist receives billing in smaller size than that of featured artist on the record in such a manner as is given to supporting orchestras and supporting vocal groups who are supporting featured Artist, then Artist shall receive a royalty rate of [PERCENTAGE].
- RELATIONSHIP BETWEEN PARTIES
Producer and Artist shall have the relationship of independent contractors. Nothing herein shall be construed to place Producer and Artist in the relationship of principal and agent, employer and employee, master and servant, partners, or joint venturers, and neither party shall, either expressly or by implication, have represented themselves as having any authority to make contracts in the name of, or binding on, each other, or to obligate the other in any manner.
Complete Agreement:Producer and Artist acknowledge that this Agreement represents the complete and exclusive statement of the agreement between the Producer and Artist with regard to the subject matter herein, and that it supersedes any proposal or prior agreement, whether oral or written, and any other communications between the Parties relating to the subject matter of this agreement.
Enforcement: If any provision of this Agreement shall be found invalid or unenforceable, then such provision shall not invalidate or in any way affect the enforceability of the remainder of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement under seal as of the day
ARTIST COMPANY
______________ ________________
Name of Producer: ____________
Address: _______________ Address: ______________
Title:__________________ Title:__________________
Date:________________ Date:__________________
_____________ ___________________
(Witness) (Witness)
