SAMPLE RECORDING CONTRACT
THIS AGREEMENT is made at (City) this________ day of_______ 20_______ between
_________________, (hereinafter referred to as ‘the Company’) party of the FIRST PART,
[Name of the artist] (hereinafter named and referred to as ‘the ARTIST’) party of the SECOND PART.
WHEREAS Company is an organization, which specializes in the management, recording, recording distribution and representation of musical artists;
AND WHEREAS Artist performs under the name "(Artist's Stage Name)";
NOW THIS AGREEMENT WITNESSETH
- TERM.The effectiveness of this Agreement shall commence with its execution by all of the parties, and shall continue thereafter for a period of [months/years].
- PRODUCTION OF RECORDING.The Recording shall be produced in the following manner:
- 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 [minutes] in playing duration, and shall be of a quality which is equal to master recordings normally produced for commercial distribution.
- 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 obligations of this Agreement.
- COSTS.Company shall be responsible for all costs incurred in the production of the Recording, including the prepayment of all travel, hotel and meal costs incurred by Artist in attending the recording sessions. Company may recover such receipted expenses pursuant to the production of master recordings or the advancement of the Artist's career. Company's production, promotion, manufacturing and all other bonafide expenses relating to Artist are deemed recoupable from gross income.
- ARTISTIC CONTROL.Company and Artist shall be jointly responsible for all decisions regarding the artistic content of the Recording.
- 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___.
- ADDITIONAL MUSICIANS.Company shall provide and compensate sufficient and competent musicians to properly perform the Songs, as arranged and directed by Artist and Producer.
- TITLE.The title of the Recording shall be chosen by agreement between the Company and the Artist.
- 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.
- 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 India:
- The Songs,
- Artist's performance of the Songs contained in the Recording,
- The title of the Recording.
- 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.
- COPYRIGHT.Upon Artist's assignment of the Songs, 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.
- 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.
- 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 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. In the event that Royalties are insufficient to complete such reimbursement, Artist shall not be liable for such costs.
- 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.
- 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 [amount/percentage] of the net revenues received by Company for such performances.
- 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.
- 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,
- RIGHT OF INSPECTION.At any time during the term of this Agreement upon prior written notice to Company of at [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.
- a) BINDING EFFECT.This Agreement shall be binding upon the successors and assigns of the parties.
- b) 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.
- c) COVENANT OF GOOD FAITH AND FAIR DEALING. Company and Artist agree to perform their obligations under this Agreement, in all respects, in good faith.
- d) INDEPENDENT CONTRACTOR.In the performance of his/her obligations of this Agreement, Artist shall be deemed an independent contractor.
THE PARTIES AGREE to the terms and obligations and so execute on the day and date first above mentioned.
Witness 1: Witness 2: