Publishing is the act of placing or making available the presentation or information within the framework of a media venue so that it is accessible by the end users, consumers, viewers, or buyers. Publishing law encompasses such legal issues as contracts, privacy, fair use and right of publicity, trademarks, copyrights, and Internet law. The publishing contract is the most important document involved in the publication process. The significance of the publishing contract is that it defines the scope of the author's and publisher's interests and governs their respective rights and obligations, as well as those of their heirs and successors. The Copyright Act requires all transfers of copyright ownership and exclusive licenses be incorporated in a written document that has been signed by the copyright owner or a duly authorized agent of the owner. Copyright protection, with some exceptions, is available for original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device.
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. II. Payments 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 pecuniary interest. IV. Costs 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 from Publisher. 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
Pages to are hidden for
"Recording Agreement with Publisher regarding Publication of Musical Compositions"Please download to view full document