Exclusive Recording Contract or Agreement with Recording Artist by pellcity27


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									         Exclusive Recording Contract or Agreement with Recording Artist

       Agreement made on the ___ day of __________, 20___, between John Doe of
(street address, city, county, state, zip code), referred to herein as Artist, and
Acme, Inc., a corporation organized and existing under the laws of the state of (Name
of State), with its principal office located at (street address, city, county, state, zip
code), referred to herein as Company.

       Now, therefore, for and in consideration of the mutual covenants contained in this
agreement, and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the parties agree as follows:

1.     Term and Purpose of Agreement
       A.       Company does hereby engage Artist's exclusive personal services as a
       recording artist to perform in connection with the production of recordings for an
       initial period of (number) year(s). Pursuant to this Agreement and during the
       initial period, Artist shall record (number) master recordings (masters) or more at
       Company's election. Artist accepts such engagement and agrees to render
       performances to the best of his ability and of the same high artistic quality as
       induced Company to engage Artist, at recording sessions conducted by
       Company, at times and places it may designate.

       B.      Artist grants Company (number) options to renew this Agreement for a
       period of one year, which option periods will run consecutively, on all the terms
       applicable to the initial period. Each option period shall commence automatically
       on the expiration of the initial period (or the preceding exercised option period)
       and shall be deemed exercised by Company unless it sends Artist a written
       notice terminating the Agreement not later than (number) days prior to the end of
       the initial period (or the preceding option).

2.      Payments
        Conditioned on artist's full and faithful performance of each and all of the terms of
this Agreement, and as full compensation for his services and all rights granted or
agreed to be granted by Artist, Company agrees, except as otherwise provided, to pay
Artist as follows:

       A.     Company will pay Artist the amount set forth in Addendum A attached
       hereto and made a part hereof, and initialed by each party, within (number) days
       after each recording session at which master recordings are recorded. All of such
       amounts paid to Artist by Company shall be deemed to be nonreturnable
       advances against any and all royalties payable to Artist by Company.

       B.     Company will pay Artist a royalty as set forth in Addendum A attached
       hereto and made a part hereof, and initialed by each party, with respect to
       standard commercial recordings sold in the United States, based on
       (percentage) of Company’s wholesale price. Royalties will be computed and
     paid on the aggregate number of recordings sold, for which Company has been
     paid, in each applicable royalty category.

     C.      Company will pay Artist a royalty equal to the percent set forth in
     Addendum A attached hereto and made a part hereof, and initialed by each
     party, of Company’s net receipts with respect to recordings, including audiovisual
     devices, manufactured or sold outside the United States or within the United
     States by Company’s licensees. Company shall have the right to elect to
     calculate the royalties payable to Artist with respect to recordings manufactured
     or sold outside the United States (wherever manufactured) at (percentage) of
     the wholesale price of recordings in the country of sale. No recording shall be
     deemed sold and paid for until Company shall have received payment for such
     recording or on account of such recording in United States dollars, provided that
     if Company elects to accept payment of royalties in a foreign currency, Company
     will deposit, to Artist's credit (and at Artist's expense), in such foreign currency in
     a depository selected by Company corporation, any payment so received as
     royalties applicable to this Agreement, and will notify Artist of such deposit
     promptly. Such deposit, in accordance with the preceding provision, shall fulfill
     Company obligation under this Agreement as to recording sales to which such
     royalty payments are applicable.

     D.    In spite of anything to the contrary contained in this Agreement, with
     regard to any forms of audio-visual devices manufactured or sold within the
     United States, whether or not such audio-visual devices are of a kind now known
     or now unknown, Company will pay Artist a royalty of (percentage) of
     Company’s wholesale price for such devices.

     E.      As to each master recording that Artist records under and pursuant to this
     Agreement jointly with another artist or artists whose compensation for such
     recording is based on a royalty, and as to recordings that are produced from
     such master, the royalty rate to be used in determining the royalties payable to
     Artist from the sale of such masters shall be computed by multiplying Artist's
     royalty rate or the total recording costs, as applicable, by a fraction, the
     numerator of which shall be one and the denominator of which shall be the total
     number of royalty artists whose performances are embodied in such masters.

3.   Artist’s Obligations
     A.     During the term of this Agreement, including all renewals, extensions,
     days of suspension, and all periods added by amendments or by other
     agreements, Artist agrees not to perform for any other person for the purpose of
     making recordings, nor will Artist engage in making recordings for anyone other
     than Company.

     B.      Artist will not authorize the use of his name, likeness, or other
     identification for the purpose of distributing, selling, advertising, or exploiting
     recordings for anyone other than Company.
     C.     Should Artist violate the above-stated restrictions, Company may, in
     addition to any other right or remedy that it may have on account of such breach,
     terminate its obligation to pay Artist any further royalties under this Agreement.

     D.      In spite of anything to the contrary contained in this Section, Artist shall at
     all times be permitted to make recordings of any selection for embodiment in (1)
     motion picture soundtracks; and (2) electrical transcriptions for broadcasts of
     radio and television programs, provided the right to make such recordings does
     not include the right to authorize anyone other than Company to use such
     recordings or any component of such recordings (without first obtaining
     Company’s express written consent) for the purpose of manufacturing,
     distributing, selling, advertising, or exploiting recordings for use other than that
     for which recordings were originally made either during the term of this
     Agreement or afterward. Artist agrees that if he should make any such recording,
     he will do so only under a written agreement containing an express provision for
     Company’s direct benefit prohibiting its use by anyone other than Company for
     any purpose other than that for which such recording was originally made, and
     Artist will promptly furnish Company with a copy of each such Agreement.

     E.     Artist will take all reasonable measures in connection with any
     performance by him in any branch of the field of entertainment during the term of
     this Agreement to prevent the manufacture, distribution, and sale, at any time by
     any person other than Company, of recordings embodying Artist's performances.

     F.      Artist will not record any commercial messages for use on radio or
     television during the term of this Agreement without Company’s prior, express,
     and written consent in each instance.

     I.      Artist agrees not to issue or authorize any advertising or publicity of any
     kind regarding his recording activities (as distinguished from any other outside
     activities) without first obtaining a written clearance from Company.

4.   Grant of Rights. Artist hereby grants to Company:

     A.      All rights of every kind and character, existing now or in the future, to the
     results of all his endeavors under this Agreement, including the ownership of all
     masters, positives or negatives of such masters, and recordings manufactured
     from such masters, and the right to control and use such masters and the
     performances embodied on such masters on such terms and in such forms as in
     its sole discretion the Company may approve. The rights granted corporation
     include, but are not limited to, the complete, unencumbered, exclusive, and
     perpetual rights throughout the world to record, manufacture, reproduce,
     broadcast, transmit, publish, sell, lease, license, produce, advertise, exhibit,
     distribute, perform, and otherwise use or dispose of for any purpose, in any
     manner, and by any means, any part of the matters and things referred to above
in this section, all without payment to Artist of any royalty or compensation except
as provided in this Agreement.

B.     The exclusive right to issue and authorize publicity concerning artist and to
use, reproduce, transmit, broadcast, exploit, publicize, exhibit, and control Artist's
name (including any professional name previously or later adopted by him),
signature, likeness, voice, and sound effects (as well as recordings,
transcriptions, films, and other reproductions of such recordings, transcriptions,
and films) in connection with recordings made under this Agreement, any device
using such recordings and in any other manner reasonably related to the
business and the various products and services of Company, its affiliates, parent,
subsidiary, and related companies. The publicity rights granted to Company
under this Agreement shall be perpetual, but after the expiration or termination of
the term of this Agreement, such rights shall be nonexclusive and may be
exercised by Company only in connection with the sale, distribution, advertising,
and exploitation of recordings made under this Agreement, with the
understanding, however, that any contract, commitment, license, or authorization
made or issued by Company during such term in the exercise of its rights under
this Agreement shall in no way be affected by the expiration or termination of this

C.       The right to use Artist's name, voice, likeness, and biographical material
concerning him throughout the world in connection with the exploitation of
merchandising rights. During the term of this Agreement, Artist will not grant
merchandising rights to any person other than Company. The words
merchandising rights as used in this Agreement shall include, but not be limited
to, all rights with respect to books, cartoon and newspaper publications,
animated cartoons, toys, novelties, figures and figurines, trinkets, fabric, apparel,
food, drink, and other goods and services whether of a similar or dissimilar
nature. Company may from time to time obtain specific written consent from
Artist regarding particular commercial tie-ins or other uses of Artist's name,
likeness, voice, or other sound effects, but Artist acknowledges that such practice
is, and shall be, a matter of courtesy and accommodation to him, and shall not be
construed as a waiver of any provision of this Agreement, and may be
discontinued in whole or in part at any time.

       (i)     In connection with the exploitation by Company of the rights
       granted in this Paragraph C, and in addition to any other amounts
       payable to Artist under this Agreement, Company will pay Artist a royalty
       of (a) ____ % of the monies received by Company from persons licensed
       by Company to exercise any of the merchandising rights (provided such
       persons are not subsidiaries or affiliates of Company) after deducting
       Company’s actual out-of-pocket expenses incurred in 
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