MUSIC RECORDING AGREEMENT
This Music Recording Agreement (hereinafter “Agreement”) is made effective as of _________________________ by and between the following parties:
_________________________________ hereinafter referred to as the “Recording Label” having an address at the following _______________________
AND
________________________ hereinafter referred to as “Artist”, having an address at the following: ____________________________.
Recording Label and Artist may be referred to individually as “Party” and collectively as the “Parties”
RECITALS
WHEREAS, Artist is engaged in the field of music and music production and is known publicly as __________________
WHEREAS, Recording Label is in the business of producing Music Recordings , including the distribution, manufacturing and sale of such Music Recordings:
WHEREAS, Artist wishes to engage Recording Label to produce Music Recordings for Artist;
WHEREAS, Recording Label wishes to produce such Music Recordings, as defined further below
NOW, THEREFORE, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:
- TERM
This Agreement between the Artist and the Recording Label shall be effective for ________________ months. However, both Parties can extend the term until the Music Recordings produced for Artist are complete, including manufacturing, marketing and distribution.
The Music Recording for the Artist shall be defined as nay original and previously unrecorded musical work, music video, song lyrics, or musical compositions that Artist provides for recording to the Recording Label.
- PRODUCTION
The Music Recordings produced from works submitted by Artist are subject to final approval or rejection by the Recording Label. Artist agrees that these recordings will be original and previously unrecorded.
During the Term of this Agreement, and using the Music Recordings that the Artist records with the Recording Label, Recording Label agrees to produce, distribute, promote, and sell the Artist’s Music. Recording Label will be in charge of final approval of quality of Music Recordings, including ensuring that the Music Recordings are technically appropriate for commercial production and distribution.
Artist agrees to re-record any audio works that the Recording Label deems not fit for production.
Artist agrees to collaborate with the Recording Label on all creative endeavors, musical works, titles, and designs.
Artist agrees not to show clips of his song without permission of the Recording Label.
Artist agrees not to advertise and/or involve himself in any illegality on or off social media.
Artist acknowledges and agrees that musical works the Artist is legally prohibited from recording will not be approved or considered completed Musical Works by the Recording Label.
- STUDIO DETAILS AND RELEASE
Artist will record at the following studio: _____________________
Artist will be permitted to record during the following dates and times: ____________________
The Recording will be completed and prepared for release and distribution on or before _________________________
- ASSIGNMENT AND COPYRIGHT
All rights are reserved to Artist. Artist waives the benefits of any moral rights as against the Recording Label. The Artist shall have the right to apply copyright protection in the Music Recordings and the Work.
- FEES AND COSTS
Costs. Recording Label will pay for all costs that by industry standards, relate to the recording and production of the Musical Works. These costs include but are not limited to background production and vocals, cost of producer, arranger, studio time, background musicians, background vocalists, and marketing costs.
Compensation. The Artist will reimburse the Recording Label as follows: ____________________________
- REPRESENTATION
Artist represents and warrants that there are no other encumbrances to the Music Recordings or the Work and that Artist is currently the exclusive holder of any and all rights in and to the Work. Artist further warrants that no person or entity has any ownership or interest in or to the Work and that no other person or entity has any legal documentation evidencing any such interest or ownership. Artist further warrants that Artist may legally grant all necessary rights to the Recording Label for the release of the Work so that Recording Label will fully own the Work at the conclusion of the Parties’ relationship.
- INJUNCTION
Artist hereby acknowledges and agrees that in the event that the Artist violates the terms of this Agreement, the Recording Label will be harmed irreparably and money damages will be insufficient to compensate the Recording Label. Should this Agreement be breached in any way, the Recording Label will be entitled to seek injunctive relief along with monetary damages, as well as to seek reasonable costs, including attorney’s fees, incurred in enforcing this Agreement.
Artist hereby agrees that if the Artist should violate any of the terms of this Agreement, Artist shall owe the Recording Label an accounting of all profits or benefits, monetary or otherwise realized from the violation of terms. Artist also acknowledges and agrees that Artist shall repay Recording Label for any and all of these profits or benefits and that the Recording Label shall also be entitled to injunctive relief or any other rights or remedies at law or in equity.
- TERMINATION OF AGREEMENT
In the event of illness or injury where the Artist is no longer able to perform or execute creation or development of the Works in the same manner as they were able to upon execution of this Agreement, then the Recording Label has the right to terminate this Agreement. In the event that Recording Label does not release the Work on the release date as written in this Agreement, Artist can require the Recording Label to release the Work within 30 days. If the work is not released within 30 days, Artist may terminate this Agreement in its entirety.
- INDEPENDENT CONTRACTOR
This Agreement does not and will not be construed to create a partnership or joint venture between the parties of the Agreement. It is specifically understood and agreed that the Artist is an independent contractor.
- NO WAIVER
Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term. None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an addition written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date.
- GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by the laws of the state of California. In the event of a dispute, the Parties will first attempt to resolve the dispute through mediation. If mediation is not successful at resolution, the Parties must them submit the issue to binding arbitration.
- NO ASSIGNMENT
The rights and benefits under this Agreement may not be assigned in whole or part by either Party.
- INDEPENDENT COUNSEL
Each of the Parties acknowledge and agrees that they have had the opportunity to have this Agreement reviewed by legal counsel and either they have done so or waived that right. The Parties agree that they are entering into this Agreement voluntarily and with full understanding of the Terms contained herein.
- ENTIRE AGREEMENT
This written Agreement constitutes the entire agreement between the Parties. No other understanding, whether written or oral, made prior or contemporaneous with this Agreement, shall be in given effect and this Agreement shall supersede any other communication between the Parties as to the subject matter contained herein.
IN WITNESS WHEREOF, the Parties execute the Agreement as follows:
Artist’s Name ____________________
Artist’s Signature __________________
Date ____________________
Recording Label Name _____________________
Recording Label Representative Name ___________________
Recording Label Representative Signature __________________
Date _________________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )