This document sets forth the terms of an agreement between a recording artist and a
music producer whereby the producer agrees to produce and record master recordings
for the artist. As drafted, this agreement sets forth terms for the artist to pay the
producer an advance which is recoupable from the royalties payable to the producer.
The document contains standard language found in similar agreements, such as
indemnification for attorneys' fees, but also provides opportunities for customization in
order to fit the needs of the drafting parties.
THIS PRODUCER AGREEMENT (the “Agreement”) is made on this ______ day of
________________, 20____ [Instruction: Insert Date] (the “Effective Date”), by and between
_____________________________________ [Instruction: Insert Producer Name], with a
primary business address of _______________________________________________
[Instruction: Insert Address] (the "Producer") and _________________ [Instruction: Insert
Artist Given Name(s) or Artist Entity] p/k/a ________________________ [Instruction:
Insert Artist Professional Name], with a primary business address of
____________________________________ [Instruction: Insert Address] (the "Artist"). The
Producer and Artist are hereinafter sometimes jointly referred to as “the Parties.”
In consideration of the mutual covenants made herein, the Parties hereby agree as follows:
Artist hereby engages the non-exclusive personal services of Producer as an independent contractor
for the purpose of producing the master recording(s), as set forth in Exhibit "A" attached hereto
and incorporated by this reference (the "Master(s)"), embodying the performance of the Artist.
Producer accepts such engagement and agrees to render such production services for Artist during
the term hereof upon the terms and conditions hereinafter set forth
The term of this agreement shall commence as of the Effective Date and shall continue thereafter
until such time the Producer has fully rendered all of Producer's services and the same has been
accepted by the Artist.
3. PRODUCTION SERVICES
A. Recording, arranging and producing sessions for the Master(s) shall be conducted by
Producer under this Agreement pursuant to a schedule designated by Artist.
B. Each Master shall, from the inception of its creation, be considered a "work made for
hire" for Artist within the meaning of the U.S. Copyright Act of 1976 (Title 17, U.S.C.), as
amended. If it is determined that the Master(s) do not so qualify, then the Master(s), together
with all rights therein (excluding the copyright in and to the underlying musical composition)
shall be automatically assigned to Artist by this agreement. Without limiting the generality of
the preceding sentence, Artist and Artist’s designees, as the case may be, shall have the exclusive
unrestricted worldwide and perpetual right to use, distribute, sell and exploit the Master(s) in any
and all media.
C. Producer shall perform such services as are customarily performed by producers in the
recording industry, including, without limitation:
i. Engaging musicians, vocalists, conductors, contractors, arrangers and copyists, other
and personnel provided that all individuals rendering such services in connection with the
recording of Masters shall be subject to Artist's approval.
ii. Producer shall deliver to Artist the fully edited and leadered, stereophonic Master(s),
lead sheet(s) and/or score sheet(s). Each Master shall be subject to Artist’s approval (and, if
applicable, the approval of Artist’s then-current recording designee (“Label”), such approval not
be unreasonably withheld, as technically satisfactory for the manufacture, broadcast and sale of
Masters. Artist may request any revisions to Master including re-mixing or deleting tracks,
instruments, and/or effects. These changes shall be made by Producer as part of the Agreement at
no additional cost. Notwithstanding the foregoing, any request by the Artist, for re-recording, re-
writing, adding new themes or major changes to the Master will be considered as a new Master.
Producer shall make such re-recording, re-writing and additions until a Master technically
satisfactory to Artist has been obtained, provided additional production costs will be paid by
Artist. All original session tapes, rough mixes and any derivatives or reproductions thereof shall
also be delivered to Artist, or, at Artists election, or to any other location designated by Artist.
iii. Producer shall deliver to Artist all necessary licenses, approvals, consent and
permissions. Producer’s submission of the Master(s) to Artist shall constitute Producer’s
representation that Producer has obtained all such material
Subject to Producer's full and faithful performance of all the terms and conditions contained
herein, Artist shall pay Producer ________________ Dollars ($ ______) [Instruction: Insert
Per Master Advance Amount], for each Master produced hereunder, as an advance, recoupable
from royalties payable to Producer hereunder (excluding mechanical royalties). The advance is
payable: (i) one half (1/2) upon commencement of recording of the Masters; and (ii) the balance
promptly following the later of delivery of the Masters to the Artist hereunder or full execution