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Artist Recording Agreement template
Artist Recording Agreement sample


What is Artist Recording Agreement?

Artist Recording Agreement An Artist Recording Agreement outlines terms for recording and distributing music, specifying recording sessions, royalties, distribution rights, and ownership of recorded content.



Sample template:



ARTIST RECORDING AGREEMENT


This Artist Recording Agreement ("Agreement") is entered into as of the ______ day of ______ 20__, by and between MelodicWave Records Inc., a company organized and existing under the laws of the United States, with its principal place of business at __________________ ("Company") and Amelia Star, an individual residing at __________________ ("Artist"). Collectively, the parties are referred to as the "Parties."

1. RECORDING SERVICES

1.1. Recording Sessions


The Artist shall attend recording sessions scheduled by the Company and shall perform in a satisfactory manner to produce commercially viable sound recordings (the "Masters"). The Company shall have the exclusive right to select the musical compositions, arrangements, and lyrics to be recorded by the Artist.



1.2. Recording Costs


The Company shall be responsible for all costs associated with the recording, production, and mastering of the Masters, including, but not limited to, studio fees, engineer fees, producer fees, and any other expenses directly related to the creation of the Masters.



2. DISTRIBUTION RIGHTS

2.1. Exclusive Distribution


The Artist hereby grants the Company the exclusive worldwide right to manufacture, distribute, promote, sell, lease, license, and exploit the Masters in all formats and media now known or hereafter devised.



2.2. Term of Distribution Rights


The Company's exclusive distribution rights shall continue in perpetuity, subject to the Artist's right to terminate this Agreement under Section 7 herein.



3. ROYALTIES

3.1. Royalty Rate


Subject to the terms and conditions of this Agreement, the Company agrees to pay the Artist a royalty equal to __% of the Company's Net Receipts (as defined below) derived from the exploitation of the Masters ("Royalties").



3.2. Definition of Net Receipts


For the purpose of this Agreement, "Net Receipts" shall mean the gross revenues actually received by the Company from the exploitation of the Masters, less any costs incurred by the Company in connection with the production, distribution, promotion, and sale of the Masters, including, but not limited to, manufacturing costs, advertising and promotion expenses, and any applicable taxes.



3.3. Payment of Royalties


Royalties shall be paid to the Artist within thirty (30) days following the end of each calendar quarter in which the applicable Net Receipts are received by the Company. With each payment, the Company shall provide the Artist a royalty statement detailing the calculation of the Royalties and the sources of the Net Receipts.



4. OWNERSHIP AND COPYRIGHT

4.1. Ownership of Masters


Subject to the Artist's reserved rights under Section 4.2 herein, the Company shall be deemed the owner of the Masters for all purposes, subject only to the Artist's right to terminate this Agreement under Section 7 herein. The Company shall have the exclusive right to register the Masters with the United States Copyright Office in its own name.



4.2. Ownership of Underlying Works


Nothing in this Agreement shall be deemed to transfer ownership or otherwise affect the Artist's rights in any musical composition, arrangement, or lyric appearing in the Masters, including but not limited to any copyright or any right to royalties therefrom, except as expressly provided herein.



5. WARRANTIES AND REPRESENTATIONS

5.1. Company Warranties and Representations


The Company represents and warrants that it has the right, power, and authority to enter into and perform its obligations under this Agreement, and that the execution and performance of this Agreement will not conflict with any other agreement to which the Company is a party.



5.2. Artist Warranties and Representations


The Artist represents and warrants that they have the right, power, and authority to enter into and perform their obligations under this Agreement and that they have the legal capacity to contract in their own name. The Artist further represents and warrants that the performance and other services to be provided by them under this Agreement shall be original and free from any claims by third parties for infringement, misappropriation, or other violation of any rights, including, without limitation, copyright, trademark, and rights of privacy and publicity.



6. INDEMNIFICATION

The Artist agrees to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with any breach of the Artist's representations, warranties, or obligations under this Agreement.



7. TERMINATION

This Agreement may be terminated by the Artist upon written notice to the Company if the Company fails to pay any Royalties due to the Artist hereunder within thirty (30) days after receipt of written notice of such failure from the Artist. Upon termination, all rights and licenses granted to the Company hereunder shall immediately revert to the Artist.



8. MISCELLANEOUS

8.1. Governing Law


This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of __________, without regard to its conflicts of law principles.



8.2. Amendments and Waivers


This Agreement may be amended or modified only by a written instrument signed by both Parties. The failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision.



8.3. Counterparts


This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.



IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first above written.

__________________________ ____________________________
MelodicWave Records Inc. Amelia Star
By: ______________________ Artist
Title: ___________________

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Main Sections of an Artist Recording Agreement


In this Artist Recording Agreement, you will see the following sections:

  1. Recording Services
  2. Distribution Rights
  3. Royalties
  4. Ownership and Copyright
  5. Warranties and Representations
  6. Indemnification
  7. Termination
  8. Miscellaneous


About each Section - Analysis and Summary:

  1. Recording Services : This section outlines the Artist's responsibility to attend recording sessions and perform satisfactorily. The Company has the exclusive right to choose the music and lyrics to be recorded. The Company will also cover all costs related to the recording process.

  2. Distribution Rights : The Artist grants the Company exclusive worldwide rights to distribute, sell, and promote the recorded music. These rights last indefinitely, but the Artist can terminate the Agreement under certain conditions.

  3. Royalties : The Company agrees to pay the Artist a percentage of the net profits made from the music. Net profits are calculated by subtracting costs related to production, distribution, and promotion from the gross revenue. Royalties are paid quarterly, and the Company must provide a detailed statement with each payment.

  4. Ownership and Copyright : The Company owns the recorded music (Masters) but does not own the underlying works (e.g., lyrics, compositions). The Company can register the Masters with the Copyright Office, but the Artist retains rights to the underlying works.

  5. Warranties and Representations : Both the Company and the Artist promise they have the authority to enter into this Agreement and that their actions will not conflict with other agreements. The Artist also guarantees their work is original and free from third-party claims.

  6. Indemnification : The Artist agrees to protect the Company from any legal claims or expenses resulting from a breach of the Artist's promises in this Agreement.

  7. Termination : The Artist can terminate the Agreement if the Company fails to pay royalties within 30 days of receiving written notice. Upon termination, all rights granted to the Company revert to the Artist.

  8. Miscellaneous : This section covers various legal aspects, such as governing law, amendments, waivers, and counterparts. The Agreement is governed by the laws of the United States and a specific state. Changes to the Agreement must be in writing and signed by both parties. The Agreement can be signed in multiple copies, each considered an original.

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