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Recording Contract (Live Performance)

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Protect yourself with a professional Recording Contract (Live Performance) to suit your specific needs.

Description

 

Downloadable Music Contract Template

Protect yourself with a professional music contract to suit your specific needs. Download a fully customizable music contract template.

 


 

Contents of the Recording Contract (Live Performance)

 

ARTICLE I

  • OBJECT
  • TERRITORY AND ABSENCE OF EXCLUSIVITY
  • AUTHORIZATION OF EXPLOITATION
  • REMUNERATION FOR THE RECORDING
  • ROYALTIES
  • ACCOUNTS AND PAYMENT OF ROYALTIES
  • PROMOTION AND ADVERTISING
  • TRANSFER OF CONTRACT

ARTICLE II

  • GENERAL PROVISIONS

 


 

CONTRACT SAMPLE

 

This ‘RECORDING CONTRACT (LIVE PERFORMANCE)’ (“Agreement”) is made by and entered into between [PRODUCER NAME] (the “Producer”) and [LEAD ARTIST OR BAND NAME] (the “Artist”), and is executed as a binding agreement as of the Effective Date (Producer and Artist are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Producer and the Artist agree as follows:

 

ARTICLE I

  1. OBJECT

The Producer shall carry out the sound or audiovisual fixation of and during the Artist’s live performance listed below, with the purpose of recording a phonogram or audiovisual recording that will be exploited individually or as part of an Album:

DATEPLACETIME
  1. TERRITORY AND ABSENCE OF EXCLUSIVITY

This contract is made for the worldwide exploitation of the [(select one) /PHONOGRAM / AUDIOVISUAL RECORDING] produced in execution of this contract. The Artist shall not be subject to any exclusivity limitations under this contract. The Artist shall therefore remain free to record with another producer any phonogram or audiovisual fixation, including for the works which have been included in the phonogram or audiovisual fixation produced in execution of this contract.

  1. AUTHORIZATION OF EXPLOITATION

The Artist authorizes, for purposes of public commercialization throughout the world, the fixation of the Artist’s live performance as defined in Section 1. Therefore, the Producer shall have the right to manufacture, publish, sell by way of any medium (audio cassette, CD, DVD audio or other existing formats) or via online communication networks (Internet and others), and communicate to the public in any format the phonogram(s) or audiovisual fixation(s) defined in Section 1. The Producer may do so under the heading, label or mark of the Producer’s choice and throughout the world. The Producer must publish the phonogram or the audiovisual fixation within TWELVE (12) months following the live performance.

  1. REMUNERATION FOR THE RECORDING

The Producer must pay the Artist a remuneration of [$AMOUNT], ([$###]), for the recording of a phonogram; and, must pay the Artist a remuneration of [$AMOUNT], ([$###]), for the recording of an audiovisual fixation.

  1. ROYALTIES

As compensation for granting the Artist’s rights under this contract, the Producer must pay royalties to the Artist as calculated below :

(a) Sales of Carriers in Stores or by Mail Order:

(i)   For sales in the country of production, [NAME OF COUNTRY], royalties shall be calculated on the basis of the wholesale price, before tax, of each copy of the phonogram sold, at the appropriate rate set below:

[AMOUNT] PERCENT, ([##%]), of the sales between 0 and 20.000** copies (depending on the size of the market); and

[AMOUNT] PERCENT, ([##%]), of the sales greater than 20.000** copies (depending on the size of the market);

[NOTE: The average % rates vary between 8% – 12% ] **Depends on the size of

the market]

(ii) For sales abroad, the rate of royalties shall be SIXTY PERCENT (60%) of the rate determined in Section 5.(a)(i), unless otherwise specified in the domestic law of the country where the contract is established;

(iii) When manufactured abroad, royalties shall be calculated based on the wholesale price used in the respective foreign country;

(iv) In cases of direct export, royalties shall be calculated based on the wholesale price as used in the country of production;

(v) All copies returned or destroyed, promotional and free copies, and copies sold at a price lower than SEVENTY PERCENT (70%) of the normal price shall be excluded from the calculation of royalties; and

(vi) The Artist accepts, in advance, that the phonograms produced in execution of the present agreement be exploited as part of compilations, including multi-artist compilations. In such cases, royalties shall be calculated prorata numeris — that is the royalties generated by the sale of a compilation album divided in equal shares according to the number of phonograms included in the compilation.

(b) Online Sales – Where sales occur via online communication networks (Internet and others), royalties payable to the ARTIST shall be [AMOUNT] PERCENT, ([##%]), of the amount received, before tax, by the PRODUCER.

[NOTE: The average rates vary between 15% and 30%.]

(c)  Broadcasting and Communication to the Public – Unless otherwise specified by national law, in the case of broadcasting or communication to the public, royalties payable to the Artist shall be [AMOUNT] PERCENT, ([##%]), of the amount received, before tax, by the Producer, except when the broadcasting or the communication to the public is subject to remuneration paid directly by the relevant organization(s) to the collective management organization that administers the rights of artists in the country in which the broadcasting or the communication to the public occurs. In such situations, the distribution rules of the collective management society shall apply.

[NOTE: The usual rate is 50% for all performers.]

(d) Other Uses – Any exploitation other than the uses mentioned in articles 5(a), (b) and (c), above, including uses in advertising, film or live performances, and with respect to special products, shall be subject to the prior written authorization of the Artist and to payment of a specific remuneration to the Artist. Where these rights have been assigned by the Artist to a collective management organization, the prior authorization must be granted by the collective management organization.

  1. ACCOUNTS AND PAYMENT OF ROYALTIES

Royalty statements shall be established on 30 June and 31 December of each calendar year. The Producer shall send the statements to the Artist within three months following each of the above dates, together with the payment of royalties. If the Artist entails several physical persons (a group), the Producer shall send royalty statements and the corresponding payments distributed in equal shares to each of the beneficiaries, individually. The Artist shall be entitled to request any proof relating to the royalty accounts and statements.

Continued…

 


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