Recording Agreement with Publisher regarding Publication of Musical Compositions
Agreement made on the ___ day of __________, 20___, between (Name of Artist) of
(street address, city, county, state, zip code), referred to herein as Artist, and (Name of
Publisher), 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 Publisher.
I. Engagement of Artist and Term of Agreement. Publisher engages 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) commencing on the
effective date of this Agreement, to record during (number) master recordings or more
at Publisher'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
Publisher to engage Artist at recording sessions conducted by Publisher, at times and
places it may designate.
A. 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, Publisher agrees, except as otherwise
provided, to pay Artist as follows:
1. Publisher will pay Artist $__________, within (number) days after
each recording session at which master recording are recorded. All of such
amounts paid to Artist by Publisher shall be deemed to be advances
against any and all royalties payable to Artist by Publisher.
2. Publisher will pay Artist a royalty of (describe), with respect to
standard commercial recordings sold in the United States, based on
(percentage) of Publisher's wholesale price.
3. Publisher will pay Artist a royalty equal to (percentage) of
Publisher's net receipts with respect to recordings, including audiovisual
devices manufactured or sold outside the United States or within the
United States by Publisher's licensees.
III. Master Recordings
A. All master recordings (masters) shall be made in such a manner as
Publisher in its sole discretion shall deem advisable.
B. Artist agrees to render services in connection with each recording session
until the masters designated by Publisher are recorded to Publisher's satisfaction.
C. Publisher shall have the right to designate the selections to be recorded
and may designate selections in which Publisher or one of its affiliates has a
A. As to any performance by Artist under this Agreement, he agrees that
Publisher may engage in Artist's behalf vocalists, conductors, contractors,
musicians, arrangers, orchestrators, and copyists selected by Publisher in
connection with such performances, and Artist authorizes Publisher to pay each
and all such persons on his behalf.
B. All such payments and any other costs incurred by Publisher with respect
to recording sessions held under this Agreement, including, but not limited to,
the cost of cartage and rental of instruments, studio costs, all costs and expenses
for and with respect to the production of masters through but not including
completed masters, all costs incurred in the creation and preparation of art work
for covers, liners, sleeves, or any other packaging shall be deemed additional
returnable advances to Artist and shall be deducted from the total royalties
payable to Artist by Publisher.
C. If Artist should delay the commencement or completion of, or be
unavailable for any recording session designated by Publisher under this
Agreement, for any reason, Artist agrees to pay all the expenses and charges
actually incurred or paid by Publisher by reason of such delay or unavailability.
D. No royalty shall be payable to Artist under this Agreement until Publisher
has recouped from such royalties a sum equal to all costs advanced by Publisher
and all sums paid to Artist pursuant to Section II (A) (1) of this Agreement.
V. Artist’s Obligations
A. During the term of this Agreement, 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 Publisher.
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 Publisher.
C. Should Artist violate the above-stated restrictions, Publisher 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. Artist agrees not to issue or authorize any advertising or publicity of any
kind regarding his recording activities without first obtaining a written clearance
VI. Grant of Rights. Artist grants to Publisher:
A. The ownership of all masters, positives or negatives of such masters, and
recordings manufactured from such masters, 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 Publisher may approve, the right to
perform publicly such recordings in any media and by any means whatsoever,
and any photographs, both negative and positive, that may be made or
authorized by Publisher and which include Artist's likeness, including the right to
secure a copyright of such photographs, pictorial representations, or likenesses in
Publisher's name or the name of Publisher's designee.
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 of biographical material
concerning Artist in connection with recordings made under this Agreement.
C. The right and power to take such action as Publisher deems necessary,
either in Artist's name or in Publisher’s name, against any person who uses
Artist's services or name, likeness, or other identification of Artist in violation of
Publisher's rights under this Agreement, but at Publisher's expense.
D. Artist grants and assigns to Publisher all rights of copyright to the
recordings of Artist, including but not limited to copyrig