A Brief Introduction About the Music Contracts
While music contracts are not an intimidating idea, still they are vital to ensuring the overall success of any musical performance or concert. There are several types of music contracts available out there. Most of the music enthusiasts out there tend to focus on the essentials of music creation including jamming, writing songs, composing music, and performing. While contracts are often missed out or ignored, they should be taken seriously –especially if you wish to derive the best results out of music performance. Individual bands, as well as artists, should aim at developing awareness on the importance of music artist contracts or band contracts while being in the music industry.
A music contract also goes by the name as a music deal. It is a type of legal agreement that aims at recording labels that artists and bands make use of for the purpose of asserting ownership of the product during a typical recording session. The recording session is also referred to as the master recording. The contract is also used to specify the licensing rights of the music owners for the promotion of the given music track or record.
Who Takes the Music Contracts?
A music contract –also going by the names like a recording contract, a recording deal, or a record contract, is known to serve as a legal agreement between the specific recording label & the artist (in the music artist contract). In this given deal, the artist is supposed to make or compose the given music record or some series of records for the specific label for the purpose of selling as well as promoting. Artists who are under the given contract are usually only permitted to record exclusively for the given label. In turn, the artists might receive royalty payments from some sales percentage.
Purpose of the Music Contracts
A music or recording contract is regarded as a document that legally binds as well as enables the respective recording labels or companies to make the performance of the music artist through some audio recording in return for royalty payments. A record contract is a legal document or an agreement using which the recording companies can claim the respective ownership over the recording session of the artist along with the given licensing rights for the purpose of promoting the album. Moreover, the record companies also make use of the contract for highlighting the total amount of funds the specific artist will be receiving on the basis of the royalty payments, salary, and so more.
A music recording contract is also referred to as by other names including:
- Artist contract
- Recording contract
- Record label contract
- Music contract
- Band contract
The recording company or label is known to capitalise on the artist or the band throughout the processes of album sales, broadcasting, streaming, public performances, and so more. A music contract is helpful in defining the music album or record and for including all relevant audio-visual devices.
A music recording contract is known for defining the specific terms of the music recording as well as the distribution process. It can be helpful in providing contractual assurances to the given recording company or the label with respect to the overall performance as well as to conduct of the songwriters, singers, band members, artists –during the entire process of recording as well as releasing the album.
Contents of the Music Contracts
A recording contract for the music or artist can be used for addressing the amount of autonomy the music artists will be given or granted during the album’s creation along with the total costs that will be covered by the given recording label or company. Typically, the music artist contract template is known to contain the following information:
- Contact details of the artists along with that of the recording company or label
- Recording details
- Music production details
- Promotional appearances including appearance fees, the maximum number of appearances, and so more
- Exclusivity clauses specifying the exclusive agreement clause –a specific clause that binds the artists to the specific recording label or company and prohibits them from entering into some similar recording contract with any other recording label or company for the total duration of the contract
- Provisions for termination of the contract
- Confirmed as well as expected payments as well as royalties to the music artists
- Percentage of the breakdown of the royalties
How to Draft the Music Contracts?
Drafting the music contract is just like writing any other official contract. However, it is required to specify any inclusion of the major elements of the contract such that it appears fair for all the involved parties of the contract. In a typical music industry or business, the artists are expected to sign specific music performance contracts for delivering recording performances, recording music, or becoming employed by the record labels and entertainment companies out there.
Recording agreements are usually drafted by the respective recording companies or labels while the artist is expected to possess a general idea of what is going on around in the contract. Some of the important points to take notice of during contract drafting are:
- Ensure proper formatting of the document
- Add the title of the document
- Identify the specific parties of the given contract
- Insert the specific terms & conditions of the contract
- Clarify the recoding obligations of the music artists
- Identify the overall cost of the contract
- Add the exclusivity provision
- Describe the payment policies of the contract
- Explain how the music artists will be paying the balance of the overall recording fees
- Explain the terms & conditions for the termination of the contract
As a music artist or the production company or label, it is important to negotiate on specific terms & conditions of the contract. Before the negotiation, it is imperative for you to go through the terms & conditions of the contract and then if there is something that you realise requires modification, you can ask for negotiation on the same. By understanding the motivation of all the concerned parties of the contract, you should arrive at a negotiation point that serves profitable for the parties in the contract. In case of a conflict, it is recommended to be objective in your negotiation strategy.
Benefits & Drawbacks of the Music Contracts
As a music artist, if you get the opportunity to get signed in a contract with a high-end recording label or company, you can consider a wide range of potential benefits of the same. Some of the basic benefits of entering into a recording label contract with a recording company include:
- You get the opportunity to work with a major recording label or company of your choice
- The contract specifies the given royalty or amount you will be receiving towards the end of the performance or recording. As such, there is no chance of being misguided or ill-treated for your efforts.
- The music contract serves to be a legal document specifying that you have worked with a particular recording label. As such, you can use the same to ensure ultimate success in your music career. Moreover, most of the recording labels have highly established contacts in the music industry to assure that you can climb the stairs to success in your music career effectively.
While there are several benefits of working under a record contract in the music industry, it is important to note that it can sometimes turn out quite binding as you are bound to work with the given recording label and no other recording company during the tenure of the contract.
What Happens in Case of Violation?
In case the recording contracts go out of printing, the grounds standstill for terminating the music contract. There are several cases in which the record label contract might be terminated altogether. Typically, it happens because the recording label might have decided to not continue the sale or production of the recording due to profit issues. Or, the artist might deny delivering the services of the recording label due to some personal issues. In either case, the contract’s terms have been violated and call for termination or settling of the clauses(1).
Most of the dedicated music artists or enthusiasts tend to work with high-end recording labels or companies on the pretext of achieving higher success in their lives. Whether you are working as an independent artist or as a music band, entering into a music contract with a recording label allows you to be at peace of mind concerning the payments and compensations that you will be receiving out of the same. Therefore, it is vital to go through the terms & conditions of the contract properly.