Record Company/Exclusive Artist
This Agreement, entered into this _____ day of ________________, in the year of _______, between:
Record Company Name __________________________________________,
Company Address __________________________________________,
hereinafter known as COMPANY, and:
Artist Name __________________________________________,
Artist Address __________________________________________,
hereinafter known as ARTIST, when signatured in the respective places indicated below, is limited exclusively to the parties of signature hereto, and does herewith constitute COMPANY'S Agreement as follows:
1. COMPANY hereby engages the exclusive personal services of ARTIST as a recording ARTIST in connection with, and for the purpose of, recording masters and making commercial recordings as defined and set forth herein. ARTIST agrees that ARTIST'S services hereunder are unique and extraordinary. Any master recording made hereunder shall be considered a work made for hire for COMPANY and if any such master is determined not to be a work made for hire, it will be deemed transferred to COMPANY by this Agreement, together with all rights and title in such master. ARTIST hereby accepts such engagement and agrees to render such services exclusively for COMPANY during the term hereof and during all extensions and renewals.
2. The rights granted to the COMPANY herein, and the obligations of ARTIST shall be for the entire world.
3. The Term of this Agreement will commence on the date hereof and continue, unless extended or renewed as provided herein, for a first contract period (called Initial Period) ending eight (8) months following the delivery of the Master Recordings required to be delivered during said period which comprise the Recording Obligation for said period.
(a) ARTIST hereby grants to COMPANY six (6) consecutive separate options to extend the term for additional Contract Periods called Option Periods (hereinafter the Initial Period and the Option Periods shall sometimes be referred to generically as "Contract Periods"). Each Option Period shall be under the same terms and conditions applicable to the Initial Period, except as otherwise hereinafter set forth. COMPANY may exercise each of the Option Periods by sending ARTIST a notice at any time before the expiration of the Contract Period then in effect. If COMPANY exercises such an option, the Option Period concerned will commence upon the end of the current Contract Period (or, if COMPANY so advises, such period will begin on the date of such exercise notice) and end eight (8) months after delivery of the last Master Recordings comprising the Recording Obligation for such Option Period, provided however, that if, in any Contract Period, such delivery is made in September or October, the months of November and December shall not be included when making the computation of the ending date of that particular Contract Period and said Contract Period shall be automatically extended accordingly. Notwithstanding anything to the contrary expressed or implied herein.
(b) If, within thirty (30) days of the end of the Initial Period, the Album which was recorded and released during the Initial Period has not achieved net sales through normal retail channels in the United States in excess of One Hundred Thousand (100,000) units, as estimated in good faith by COMPANY in its sole discretion, COMPANY shall have the right to terminate the Term of the Agreement stated herein by paying ARTIST the sum of Thirty Thousand Dollars ($30,000) before the end of stated Initial Period. In which event all parties shall be deemed to have fulfilled all of their obligations hereunder, except for those obligations which survive the end of the Term such as warranties, re-recording restrictions, obligation to accrue and pay royalties, if payable, and render royalty statements.
4. During each Contract Period, ARTIST will perform for, record and deliver no later than one hundred and twenty (120) days following commencement of such Contract Period a minimum number of Master Recordings (called the "Minimum Recording Obligation"). This Minimum Recording Obligation shall be equivalent in playing time of One (1) Album per each Contract Period.
5. ARTIST shall render their services subject to the terms and conditions hereof in good faith and to the best of their ability and in accordance with first-class standards of performance for recording and production in the Record Industry.
6. Fourteen (14) days prior to the date of the first recording session and before proceeding with the recording sessions for any of the Master Recordings made hereunder, the ARTIST shall obtain approval from the COMPANY for the selection of the individual producer(s) who will produce the Master Recordings hereunder, for the selection of compositions to be recorded, for the specification of accompaniment, arrangement and copying services, and for the selection of dates of recording and studios where recording is to take place.
(a) The booking of all studio time will be done by COMPANY. ARTIST shall notify the appropriate local of the American Federation of Musicians in advance of each recording session. ARTIST shall reasonably allow COMPANY representatives to attend any or all recording sessions hereunder.
7. With respect to Master Recordings hereunder, each master delivered hereunder shall be delivered to COMPANY and shall consist of ARTIST'S newly recorded studio performances of the materials and shall be of commercially satisfactory quality reflecting the then-current "state of the art" digital recording techniques. Upon COMPANY'S request, ARTIST shall re-record any composition until a satisfactory Master Recording is made of that composition. ARTIST shall deliver to COMPANY a two-track stereo digital recording for each master. Each master shall be delivered to COMPANY completed, fully edited, equalized, mixed, and otherwise in proper form for the production of the parts necessary for the manufacture of commercial records and other recorded media. Only masters delivered in full compliance with the provisions of this Agreement shall be applied in fulfillment of ARTIST'S recording and delivery obligation and no payments shall be made to ARTIST in connection with any masters which are not in full compliance.
8. ARTIST shall furnish COMPANY in writing with all information, consents, clearances, and mechanical licenses required for the recording and production of masters, and for the manufacture and distribution of records and recorded media hereunder including, without limitation, the label copy (including song titles and any subtitles), names of composers and lyricists, complete publisher line, music performance rights organizations, timings, any credits to arrangers or accompanists, names of engineers, list of musicians with instruments played, exact recording date(s), studio location(s), album liner credits, and any information required to be submitted to unions, guilds or other third parties.
The Above Example Version of the #9 RECORDING CONTRACT
Contains Only 8 of the 26 Individually Numbered Contract Sections of the Full Version.
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