Anatomy of a Recording Contract

1. Term: the length of the agreement
2. Recording commitment by the artist:
1. The amount, length and quality of recording
2. Recording schedule: primarily completion and release dates
3. Personal commitments by the artist: including performance and publicity
4. Distribution commitment by the company: outlines efforts by the company to distribute the recoding
5. Rights over recording:
1. Assignment of all rights by the artist to the company: artists assign all rights, titles and interests over the recording to the company, including the right to manufacture, sell, license, release, advertise, perform, assign and use likenesses of the recording or even the artist
2. Copyright: the company has the right to obtain and secure a copyright over the recording
3. Exclusivity / non-circumvention: the artist records exclusively for the company, and cannot interfere with the company’s rights
6. Financials:
1. Payments from company to artist: an outline of the amount as well as payment format and schedule for advances and royalties paid to the artist
2. Costs: an outline of who pays the recording costs, the producer costs, and other related expenses
7. Artist’s warranties and representations:
1. Artist is under no disability, restriction, or prohibition to execute the agreement and perform the terms
2. Good faith and fair dealing: parties will act in good faith, not be unreasonable (for example, to withhold reasonable consent)
8. Arbitration: rules for arbitrating disputes regarding the contract, including the applicable jurisdiction / law, as well as attorney’s fees
9. Termination
1. Right of termination by the company: under what conditions the company may terminate the contract
2. Right of termination by the artist: under what conditions the artist may terminate the contract
10. Notices: format of notices to either party