This document is an agreement between an artist and a music producer, wherein the producer agrees to provide his or her services to the artist for a fee and royalties. This document contains standard language, such as a section for defined terms, the responsibility of the producer to produce completed master recordings, payment provisions, and a mediation and arbitration clause. This document also contains opportunities for customization in order to fit the needs of the drafting parties.
This document is an agreement between an artist and a music producer, wherein the producer agrees to provide his or her services to the artist for a fee and royalties. This document contains standard language, such as a section for defined terms, the responsibility of the producer to produce completed master recordings, payment provisions, and a mediation and arbitration clause. This document also contains opportunities for customization in order to fit the needs of the drafting parties. MUSIC PRODUCER AGREEMENT This agreement (the “Agreement”) is effective on this ______ the day of ____________, 20__ by and between ______________, with its place of business at, _______________________, (hereinafter referred to as "Music Producer") and _________________________, with an address of _____________________, (hereinafter referred to as "Artist") and collectively referred to herein as the “Parties.” I. ENGAGEMENT/TERM: 1.1 Artist hereby engages Producer’s personal services as a producer in connection with the production and recording of _________ (____) musical compositions (“Compositions”) to be performed by Artist for a future musical recording project to be released and distributed commercially (the "Product"). Producer hereby accepts such engagement on the terms and conditions set forth herein. 1.2 The term of this Agreement shall commence as of the date hereof and shall continue until the completion of Services. II. TERRITORY: 2.1 The rights herein granted to Producer and the obligations of Artist shall be for the world. III. DEFINITIONS: 3.1 For the purposes of this Agreement, the following definitions shall apply: A. "Master Recordings" -- The equivalent of a single song intended for use in the manufacture and sale of records. Any recording of sound, whether or not coupled with a visual image, by a method and on any substance or material, whether now or hereafter known, which is intended for use in the recording, production and/or manufacture of records and which embodies the performance of Artist. A complete list of the Master Recordings is attached herein as Exhibit A. B. "Products" -- A standard format long play record, compact disc, laser disc, mini disc or standard format digital or analog cassette tape containing not less than 32 minutes of playing time. Products are further defined to include all forms of sound recording and reproduction now known or which may hereafter become known, whether embodying sound alone or sound synchronized with visual images (e.g., "sight and sound" devices), including delivery of music over the internet, by computer, electronic, digital, satellite or other means. C. "Delivery," "deliver" or "delivered" -- The actual completion by Producer of completed, fully mixed, leadered and edited Master Recordings comprising the Compositions and ready for manufacture and distribution, together with all materials, consents, approvals, licenses and permissions. D. "Fees" shall be the fees assigned to the development, creation, production and recording of the Master Recordings which are [Instruction: Insert the fee negotiated by the Parties. This can be a per Composition fee or a fee for the entire project]. E. “Controlled Composition” shall specific mean any Master Recording wholly or partly written, owned or controlled by Producer. F. “Company Mechanical Rate” shall mean a royalty for the mechanical license of Publisher’s share of all Controlled Compositions on all Products manufactured for sale or commercial distribution pursuant to this Agreement at One Hundred Percent (100%) of the minimum compulsory license rate applicable in the country of manufacture. The applicable minimum statutory rate shall be determined as of the date of the commercial release of the applicable Product. G. “Distribution” shall mean the marketing, promotion, sale and distribution of the Product to the public through any means now known or hereafter developed in the form of home use devices by Artist, including but not limited to any successor in interest, appointee, agent, subsidiary, third party, division of, who now owns or might acquire the distribution rights in whole or any part thereof to the Master Recordings and/or Product. H. “Retail Price” shall mean the suggested retail selling price of any Product. IV. PRODUCTION OF MASTERS: 4.1 Artist and Producer agree that Producer shall receive credit in the packaging and artwork, and within any advertising related to the Product as follows: “Produced by ___________.” 4.2 Producer shall be responsible for the production, arranging, and musical direction of the Master Recordings until complete. Producer shall deliver to Artist, ___________ (___) fully mixed and mastered Master Recordings on a single CD upon completion of the production. Producer acknowledges full payment by Artist for all production work to date regarding the Master Recordings. V. PAYMENT: 5.1 Artist shall Pay Producer the Fees set forth in Section 3 D above, one half at the time of execution of this Agreement, and the balance upon Delivery of the Master Recordings. 5.2 Artist shall pay Producer in respect of Net Sales of all Product sold by Artist or its licensees, a basic royalty computed at _____ Percent (___%) of the suggested Retail Price of each unit of Product sold. 5.3 Artist will pay a royalty for the mechanical license of Publisher’s share of all Controlled Compositions on all Products manufactured for sale or commercial distribution at the prevailing statutory mechanical rate. Mechanical Royalties shall not be payable with respect to musical compositions of one minute or less in duration. Artist shall be responsible to negotiate the applicable mechanical royalty rate on all non-owed controlled compositions and on non-Artist share of controlled compositions. 5.4 Artist shall provide statements and make payments to Producer on a quarterly basis. Such statements and payments shall be mailed no later than Sixty (60) days following the end of each calendar quarter. In the event that Artist has licensed the tracks to a distributor, record label or other third party who will be responsible for the commercial exploitation of the Product, Artist shall request that Producer’s Royalties be paid directly to Producer. 5.5 Producer shall have the right to audit Artist's books relating to the Master Recordings and the Product, with reasonable notice, during regular and normal business hours, once every year. In the event that Producer’s Royalties are being paid directly to Producer from a third party, Artist will cooperate with Producer in arranging an audit of the third party’s books pertaining to Producer’s Royalties. 5.6 Producer shall receive directly his Producer’s share of any public performance royalties directly from his own performing rights society. VI. CONSULTATION SERVICES: [Optional] 6.1 In the event that Producer secures a third-party recording agreement or licensing agreement, and/or a distribution agreement for the commercial distribution of the Master Recordings and/or Product that is accepted by Artist, Producer shall be entitled to receive a producer royalty of ____________ (____ %) of the first ______________ Dollars ($___________) of gross revenue generated from any source [Instruction: Producer’s royalty may be tiered based on increased revenue] or received by Artist as a result of said third party agreement, including advances, royalties, etc. The term “secures” shall be defined as an introduction to any party not already known to Artist prior to Producer’s involvement that results in the execution of a recording agreement, licensing agreement, or distribution agreement involving Artist, the Master Recordings and/or Product. Said royalty payments will be made pursuant to the schedule outlined in Section 5 above. VII. NOTICES: 7.1 All notices hereunder shall be in writing and served personally or by registered or certified mail, return receipt requested, at the addresses set forth below: If to Producer: [Insert address] If to Artist: [Insert address] VIII. EVENTS OF DEFAULT; REMEDIES: 8.1 As a condition precedent to any assertion by Artist or Producer of any default or breach under this Agreement, or of any warranty, representation or covenant contained herein, Artist or Producer shall first notify the defending party, reciting the nature of such default or breach and the specific facts upon which such claim is based. The defending party shall have a period of thirty (30) days from receipt of such notice within which to cure such breach or default. In the event that the alleged default relates to a monetary obligation, then the cure period shall be reduced to ten (10 days). During such (30) or ten (10) day period, no default or breach of this Agreement shall be deemed to be incurable. IX. MISCELLANEOUS: 9.1 Modifications of this Agreement shall only be effective if in writing and signed by both Parties. 9.2 This Agreement sets forth the entire agreement between the Parties with respect to the subject matter hereof. No modification, amendment, waiver, termination or discharge of this Agreement shall be binding upon either party unless confirmed in writing. Should any provision of this Agreement be adjudicated by a court of competent jurisdiction as void, invalid or inoperative, such decision shall not affect any other provision hereof and the remainder of this Agreement shall be effective as though such void, invalid or inoperative provision had not been contained herein. It is agreed that all grants made herein shall survive and continue beyond the expiration or earlier termination of this Agreement. 9.3 Should any term or provision of this Agreement is construed to be or adjudged invalid, void or unenforceable, such clause may be severed from this Agreement, and the remaining terms shall remain in full force and effect. 9.4 If a dispute should arise under any provision of this Agreement, the Parties agree to first attempt to resolve the dispute with the assistance of a mutually agreed upon mediator in the State of ____________. The Parties shall share any costs and fees associated with the mediation equally; however, each party shall bear its own attorney’s fees. If the Parties through the use of a mediator do not achieve a mutually satisfactory solution, the Parties agree to submit the dispute to binding arbitration in __________ County, __________, to be conducted under the rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall include the assessment of costs, expenses and reasonable attorney’s fees and shall include a written determination by the arbitrator(s). Absent an agreement to the contrary, an arbitrator experienced in the business practices and law applicable to the music industry shall conduct any such arbitration. An award of arbitration shall be final and binding on the Parties and may be confirmed in a court of competent jurisdiction. The prevailing party shall have the right to collect from the other party its reasonable costs and attorney’s fees incurred in enforcing this Agreement. 9.5 This Agreement shall be deemed to have been made in the State of ____________, and its validity, construction and performance shall be governed by ____________law. The Parties are to submit to the jurisdiction of the federal or state courts located in ___________ County in any action which may arise out of this Agreement. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the day and year first above written. [Producer] By: _____________________________ Name: [Artist] By: ______________________________ Name: EXHIBIT A
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