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THE CONTRACTS YOU WILL NEED
How do you ensure your rights to the recordings and artwork done for your record label? Through the use of four basic written contracts: a Recording Agreement, Producer Agreement, Side Artist Agreement, and Graphic Artist Agreement.
The Recording Agreement is the contract between the record label and recording artist. It describes the number of recordings the artist will record, the label’s obligation to pay for the production of the recordings, the record company’s rights to the recordings, and the amount the label will pay the artist from the sale of those records. I discuss this agreement in detail in the chapter entitled The Recording Contract.
You also will need a Producer's Agreement. I explain the role of the producer in the Chapter entitled What Does A Producer Do? Briefly, the producer is a technical and creative person who works with the artist to complete the master recording a record label then will manufacture into compact discs, cassettes, etc. Similar to a Recording Agreement, a Producer’s Agreement explains the services the producer will perform on the recording, the record company’s rights to the recording, and how much the label will pay the producer for his/her services. It also will state whether or not the producer will be paid a royalty from the sale of the records.
Third, you’ll need a Side Artist Agreement. The side artist, or featured artist, is not the primary artist you have signed to your label, but a vocalist or musician who performs on the recording. Often, it is a well-known recording artist, possibly signed to another label, who provides a vocal or musical performance on one or more songs. If the side artist is a member of a union and will not receive a royalty from record sales, then your label will not provide the Side Artist Agreement, which will come instead from the artist’s union. As you might guess, the Side Artist Agreement outlines the services the side artist will perform on the recording, the rights the record company has to those recordings, what the side artist will be paid, and if the side artist will be paid a royalty from the sale of the records.
Finally, you’ll need a Graphic Artist Agreement, a written contract between your label and any graphic artist who creates artwork for your artists’ CDs or cassettes, logos for the artist or label, merchandise designs, advertising, or any other original art. This same agreement might be changed and adapted for use with a photographer who photographs the artist. This contract covers the services to be provided by the graphic artist, the payment to be made to the graphic artist, and the ownership rights of the record label to the artwork created.
So where do you find these contracts? The basic agreements are available on the website Music Contracts.com where you can, purchase and download them in Microsoft Word. You’ll be able to use them immediately and adapt them to your label’s specific needs. The site also offers explanations of each agreement.
There also are a few excellent books that provide these contracts and explanations, such as The Musician's Business & Legal Guide, by Mark Halloran, or All You Need to Know About the Music Business, by Donald Passman. And of course, you can consult your entertainment attorney to obtain all of these agreements and plenty of guidance in how to use them.
No matter where you get your contracts, you must take them to an entertainment attorney before you use them. The agreements you get from the resources listed above will meet music industry standards, but you will need an entertainment attorney to help you adapt them to your business and to make sure the contracts conform to the laws of your state.
I cannot overstress the importance of obtaining and using written contracts in the daily business of your label. In addition to the ownership issues discussed previously, written contracts address many other important items, including the creation, distribution, marketing, and sale of an artist's records. They establish a clear understanding among the parties regarding rights and responsibilities, and greatly reduce the likelihood of future disputes. Once you become familiar with these agreements, you’ll find it easier than you think to incorporate them into your label’s everyday business. Moreover, using these contracts and living up the terms set forth in them will help to establish your label as a legitimate player in the music industry.
Things You Can Do Today To Build Your Label
1. Obtain the four basic contracts you’ll need to form a label: Recording Agreement, Producer Agreement, Side Artist Agreement, Graphic Artist Agreement.
2. Read more about these contracts at Music Contracts.com or in the books, The Musician's Business & Legal Guide or All You Need to Know About the Music Business.
3. Meet with an attorney to help you adapt your contracts to your label’s needs and to make sure the contracts conform to laws in your state.
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