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Music Recording Contract sample


What is Music Recording Contract?

Music Recording Contract Outlines terms for recording and distributing music, specifying artist compensation, recording schedules, and rights.



Sample template:



MUSIC RECORDING CONTRACT

This agreement ("Agreement") is entered into as of the date of execution (the "Effective Date") between Luna Sky ("Artist") and Sonic Wave Records, a registered company in the United States of America ("Company").

1. Engagement and Services

1.1. Engagement


Company hereby engages Artist to perform recording services for the musical composition titled "Midnight Serenade" (the "Composition"). Artist hereby accepts such engagement, subject to the terms and conditions set forth herein.



1.2. Recording Schedule


Artist and Company agree to a recording schedule, whereby Artist shall complete the recording of the Composition within 60 days of the Effective Date. Any changes to the recording schedule must be mutually agreed upon in writing by both parties.



2. Artist Compensation

2.1. Payment


Company agrees to pay Artist a non-refundable advance payment of $10,000 (USD) upon execution of this Agreement, as well as a royalty rate of 15% of the gross revenue generated from the exploitation of the Composition. The advance shall be recoupable against the Artist's future royalties earned under this Agreement.



2.2. Statements and Accounting


Company shall provide Artist with a royalty statement, detailing the income earned from the Composition, on a quarterly basis. Company shall pay Artist any royalties due to them within forty-five (45) days after the end of each quarterly accounting period, subject to any amounts that may need to be withheld by applicable law or as set forth in this Agreement.



3. Rights and Ownership

3.1. Ownership of Master Recordings


Company shall be the sole and exclusive owner of all rights, title, and interest in and to the master recordings of the Composition (the "Masters"), including, without limitation, all copyrights, in perpetuity throughout the world, in any and all media, formats, and configurations, whether now known or hereafter developed.



3.2. Artist's Rights


Artist shall have the non-exclusive, royalty-free right to use their name, likeness, and biographical information for promotional purposes in connection with the Composition.



4. Representations and Warranties

4.1. Artist Representations and Warranties


Artist represents and warrants that they have the full right, power, and authority to enter into this Agreement and perform their obligations hereunder without breaching any prior or existing agreements.



4.2. Company Representations and Warranties


Company represents and warrants that it has the full right, power, and authority to enter into this Agreement and perform its obligations hereunder.



5. Confidentiality

Both parties acknowledge that, in the course of the performance of this Agreement, each party may provide confidential information to the other party. Each party agrees to maintain the confidentiality of the other party's confidential information and to not disclose such information to any third party, except as required by law or as necessary to perform their respective obligations under this Agreement.



6. Indemnification

Each party agrees to indemnify, defend, and hold harmless the other party, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in connection with any breach or alleged breach of any of the representations, warranties, or agreements made by the indemnifying party in this Agreement.



7. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Any dispute arising out of or in connection with this Agreement shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and any judgment on the arbitration award may be entered in any court having jurisdiction thereof.



8. Miscellaneous

8.1. Entire Agreement


This Agreement constitutes the entire understanding and agreement between the parties hereto and supersedes all prior and contemporaneous agreements, whether oral or written, relating to the subject matter hereof.



8.2. Modification


No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is to be asserted.



8.3. Waiver


Any waiver of any term or condition of this Agreement must be in writing and signed by the party waiving such term or condition. No waiver by either party of any breach of any provision of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provision of this Agreement.



IN WITNESS WHEREOF, the Artist and Company, each intending to be legally bound, have executed this Agreement as of the Effective Date.

____________________________ ______________________________
Luna Sky (Artist) Sonic Wave Records (Company)

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Common Sections of a Music Recording Contract


In this Music Recording Contract, you will see the following sections:

  1. Engagement and Services
  2. Artist Compensation
  3. Rights and Ownership
  4. Representations and Warranties
  5. Confidentiality
  6. Indemnification
  7. Governing Law and Dispute Resolution
  8. Miscellaneous


Summary of each section:

  1. Engagement and Services : This section outlines the agreement between the Artist and the Company for the recording of a specific musical composition. It also includes the agreed-upon recording schedule and any changes that need to be made in writing.

  2. Artist Compensation : This section details the payment terms for the Artist, including an advance payment and royalty rate. It also explains how the Company will provide royalty statements and when the Artist will receive their royalties.

  3. Rights and Ownership : This section establishes that the Company will own all rights to the master recordings of the Composition. The Artist will have non-exclusive rights to use their name, likeness, and biographical information for promotional purposes.

  4. Representations and Warranties : Both the Artist and the Company make certain promises and guarantees in this section, such as having the authority to enter into the agreement and not breaching any prior agreements.

  5. Confidentiality : This section requires both parties to keep any confidential information they receive from the other party private, except when required by law or necessary to fulfill their obligations under the agreement.

  6. Indemnification : In this section, both parties agree to protect and compensate each other for any claims, damages, or expenses that may arise from a breach of the agreement or any of the promises made within it.

  7. Governing Law and Dispute Resolution : This section states that the agreement will be governed by the laws of the United States of America and that any disputes will be resolved through binding arbitration under the rules of the American Arbitration Association.

  8. Miscellaneous : This final section covers various additional terms, such as the agreement being the entire understanding between the parties, the requirement for any modifications to be in writing, and the process for waiving any terms or conditions of the agreement.

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