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Here is the Full List and Synopsis of the 12 Music Contracts Offered:

#1 BAND MEMBER AGREEMENT - $24.95
View Example:  Band Member Agreement
This Form Contract lays out the agreement between the Members of a Band and is in regard to the terms, conditions and obligations by which the Band Members will associate themselves in a General Partnership business entity. It spells out the many issues that, without being in a written contract, can ultimately destroy a band... to include Band Name and Logo rights, song rights, rights in master recordings, publishing administration and rights to Partnership property and assets (both during the contract term and after the contract ends). It also specifies the rights, responsibilities and obligations of the Band Members. It covers admitting new band members and what happens if a band member leaves the band because of a disability, death, or because of expulsion. It also denotes band management concerns, defines voting procedures and covers accounting, capital contributions, loans and profit distribution issues. It includes how disputes are to be handled, warranties and indemnification, as well as contract termination and the dissolution of the Partnership... plus much much more! Includes over 40 headline contract sections.

#2 ARTIST MANAGEMENT AGREEMENT - $22.95

View Example:  Artist Management Agreement
This Form Contract lays out the agreement between an Artist or Band and their Personal Manager and is in regard to the Artist or Band engaging the Personal Manager to represent them. It specifies the term, enumerates the services to be rendered and authorizes and empowers the Personal Manager to negotiate and discharge the Artist or Band's business affairs. It denotes the compensation to be paid to the Personal Manager for such services rendered. Covers 19 individually numbered contract sections.

#3 DEMO RECORDING PRODUCTION AGREEMENT - $27.95      FREE! with Package Deal

View Example:  Demo Recording Production Agreement
This Form Contract lays out the agreement between a Band or Artist and a Producer or Production Company and is in regard to the production of a Demo Recording (e.g., dates, terms and location of recording sessions, etc.). It delineates all related rights and enumerates all reciprocal responsibilities of each contract participant. Payment by the Band or Artist to the Producer or Production company for services rendered is via a cash dollar payment (for percentage payment deal see Master Recording Production Agreement below). Covers 21 individually numbered contract sections.

#4 DEMO SHOPPING AGREEMENT I (Songwriter/Shopping Agent) - $19.95      FREE! with Package Deal

View Example:  Demo Shopping Agreement I
This Form Contract lays out the agreement between a Songwriter and a Demo Shopping Agent and is in regard to the Agent shopping a song(s) embodied on the Demo to a Licenser(s) (e.g. to a Music Publisher). Covers 10 individually numbered contract sections.

#5 DEMO SHOPPING AGREEMENT II (Band or Artist/Shopping Agent) - $19.95      FREE! with Package Deal

View Example:  Demo Shopping Agreement II
This Form Contract lays out the agreement between a Band or Performing Artist and a Demo Shopping Agent and is in regard to the Agent shopping a demo to a Record Label in order to secure a Recording Contract for the Artist. Covers 15 individually numbered contract sections.

#6 COPYRIGHT ASSIGNMENT AGREEMENT - $14.95      FREE! with Package Deal

View Example:  Copyright Assignment Agreement
This Short Form Contract states the agreement between an Assignor/Writer (e.g., a Songwriter or Script Writer) to an Assignee (e.g., an Advertising Agency or other Assignee) and is in regard to the Assignor/Writer assigning (selling outright) for a sum (i.e., for a flat dollar amount and NOT for a percentage split of royalties), the title, interest and copyright in his/her duly owned copyrighted work(s) to the Assignee.

#7 MECHANICAL LICENSING AGREEMENT - $19.95      FREE! with Package Deal

View Example:  Mechanical Licensing Agreement
This Form Contract lays out the agreement between a Music Publisher and a Record Label and is in regard to the Music Publisher granting a Mechanical License to the Record Label.

#8 MASTER RECORDING PRODUCTION AGREEMENT - $29.95      FREE! with Package Deal

View Example:  Master Recording Production Agreement
This Form Contract lays out the agreement between a Band or Artist and a Producer or Production Company and is in regard to the production of a Master Recording (e.g., dates, terms and location of recording sessions, etc.). It covers the assignment of all related rights, the royalty rate paid to the Producer, and delineates all reciprocal responsibilities of each contract participant. Covers 33 individually numbered contract sections.

#9 RECORDING CONTRACT - $29.95      FREE! with Package Deal

View Example:  Recording Contract
This Form Contract lays out the agreement between an Artist or Band and a Record Label and is in regard to the Artist or Band signing with the Record Label in order to record and release commercial quality CD albums and recorded media and reap the benefits from marketing them. It deals with options, master recordings, rights, clearances, artwork, licensing, merchandising, royalty rates (domestic and foreign), advances, controlled compositions, and much more! Covers 26 individually numbered contract sections.

#10 DISTRIBUTION OF PHONORECORDS AGREEMENT - $19.95      FREE! with Package Deal

View Example:  Distribution of Phonorecords Agreement

This Form Contract lays out the agreement between a Record Producer and a Record Distributor and is in regard to the distribution and sale of duplicates (i.e., phonorecords such as CD's, multimedia CD-ROM's, digital and audio media, etc.) made from the Producer's Master Recording(s). Covers 15 individually numbered contract sections.

#11 BOOKING AGREEMENT - $19.95      FREE! with Package Deal

View Example:  Booking Agreement
This Form Contract lays out the agreement between a Band or Performing Artist and a Venue (e.g., a nightclub, concert hall, fairground exposition hall, etc.) and is in regard to the location, date and terms of the booking engagement (e.g., wage to be paid, payment terms and the reciprocal responsibilities of the Band or Performing Artist and the Venue Management). Covers 19 individually numbered contract sections.

#12 SOUND AND LIGHTING CONTRACTING AGREEMENT - $19.95      FREE! with Package Deal

View Example:  Sound and Lighting Contracting Agreement
This Form Contract lays out the agreement between a Seller/Contractor (e.g., Sound or Production Company) and a Buyer (e.g., Band or Venue Manager) and is in regard to the renting of Sound and Lighting equipment (e.g., in order to put on a live concert) and the reciprocal responsibilities of each contract participant. Covers 18 individually numbered contract sections.

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Below Are Example Excerpts
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CONTRACT--A CLOSER LOOK

The word contract scares many. It makes some uneasy and others just ignore there is such an animal! Why is this so? There are many reasons. Among them are:

1) Contracts are too complicated,
2) Contracts are too costly to draft, and
3) Contracts are too costly to enforce.

In other situations contracting parties fail to draw up a written agreement. Their reasons also vary:

1) Contracts are too complicated,
2) Contracts are too costly to draft,
3) Contracts are too difficult and costly to enforce,
4) The persons involved "trust" each other and see no need for a written instrument, and
5) They fail to foresee or understand the benefit of "getting it in writing."

Often, the agreement is that "we will work things out as time rolls along." Actually, "agreeing to agree" amounts to "agreeing to nothing!" The fact is, more often than not, things change with time. Examples:

1) Memories become blurred as to what exactly each parties' responsibilities were,
2) Intentions and verbal communications are misinterpreted,
3) The negotiating power of the parties often, if not always, changes with time,
4) Costs are miscalculated and/or misrepresented,
5) Unanticipated competition in the marketplace arises, e.g., new competitors emerge, technological breakthroughs of existing competitors, etc.,
6) A party is unable to deliver part or all of agreed contribution(s),
7) Uncontrollable circumstances or events change or terminate the ability to continue specified activities, and/or
8) The contractee's spouse has an affair with his trustworthy partner.

The consequences are obvious-monetary losses, unwanted lawsuits, terminated friendships, stress, etc..

In still other instances people sign contracts and have little or no understanding of what or why they signed! Worse, they do not foresee the possible ramifications of their signing. It may be shrugged off as "just another form," or "just some of the necessary red tape."

Although alien and disturbing to many-let's face it, contracts are a fact of business life. The best approach then, to minimize the negative aspects here-to-for mentioned, is to grasp at least a functional understanding of contracts, i.e., one must familiarize himself to the extent that he will become "functionally contract literate." What is that? That means he will be able to tell if he is the "duper" or the "dupee!"

In this discussion about contracts the objectives will be to:

1) Eliminate some of the mystique and fear often associated with contracts,
2) Enable a more functional understanding of contracts,
3) Enable a better communication and agreement between the contracting parties,
4) Enable better communication between laymen and lawyers,
5) Reduce stress, broken friendships, and lawsuits,
6) Enable the businessperson to feel confident and protected in his business activities, and the bottom line,
7) Make a business more cost effective.


Contract Basics

A contract is an agreement between two or more entities to do or not to do a certain thing. An entity is a person or corporation. Contracts may exist between two or more people, corporations, or combinations of the two. Technically, the agreement (promise or set of promises) must create…

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Elements of Basic Contracts and Oral and Written Contracts, and to
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THE RECORDING CONTRACT
                 ...How to Negotiate a Recording Contract

Entertainment Law and Media Law Services

A Recording Contract is a written document that outlines, identifies, describes, defines, and governs the business relationship between a recording artist (also called a royalty artist) or group, and a record company. The contract is called an executory agreement, i.e., it is an agreement that is yet to be executed or performed.

To better understand this business relationship, it is important to understand what it is that a record company (also called a "label") does. A record company is an enterprise whose business activities may include:

1) Acquiring the rights to material (e.g., songs, master records, videos, etc.),
2) Locating and signing talent,
3) Securing mechanical licenses,
4) Producing master recordings,
5) Manufacturing end-user commercial recordings,
6) Releasing end-user commercial recordings,
7) Promotion,
8) Distribution,
9) Sub-publishing,
10) Publicity,
11) Public relations,
12) Accounting for royalties collected,
13) Reporting to the IRS on Form 1099--MISC certain royalties, independent contractor fees, salaries, commissions, interests, rents, pensions, medical assistance programs or health, accident, and sickness insurance programs, certain direct sales of consumer products for resale, and other compensations paid out. Each recipient is reported separately and the report must include the recipient's name, address, taxpayer identification number (social security number for sole proprietorships), and the total paid,
14) Paying the required employment and other taxes to the proper agencies, and
15) Distributing the proper royalty payments, accompanied by a royalty statement.

Record companies may be large (majors or minors) or small. Small record companies have limited release objectives and capabilities.

It is the business of the record company to exploit the rights they acquire with the intention of making a profit. As the proprietor of these rights they administer the related business and financial aspects concerned. The label will not usually sign an artist unless they are fairly certain the artist will engender wide and strong acceptance. This is because of the high cost (from $300,000 up) of breaking a new artist.

The type of rights appropriated by the record company from the artist are defined by the recording contract. The contract contains many clauses because it covers a wide range of agreement.

Contract Negotiation and Content

At the start, all terms of a contract are negotiable. Although it is possible for a novice artist to acquire a "fair" recording contract from an "honest" record company with his first signing... it does not always happen. Even honest record companies are going to first look out for themselves and try to negotiate a deal that is not detrimental, or potentially detrimental, to themselves. The dishonest ones, however, look out only for themselves. So, the depth of the contractee's music business experience is important. Past experience helps in negotiating fair contracts. Further, it is predominately a contractee's past track record that will establish his bargaining power. For these reasons the operation of contract bargaining between an artist and a label varies greatly.

Here then, are two points of major concern:

1) Bargaining power, and

2) The contents of the final considerations of the agreement.

Attempts at exercising bargaining power and maximizing the label's self-interests may become apparent at the outset. The artist may be asked to sign an industry form contract that is said to be "standard for everyone." He may be led to believe it is only a formality, and told in so many words that this is his "chance of a lifetime" and not to sweat the small stuff.

If the artist asks any questions or proposes changes the record company spokesperson might accuse the artist of insinuating that he (the record company representative) is dishonest. This is a ploy by the record company representative to put the artist on the defensive. This enhances the record company representative's position of strength and authority. The artist is made to feel that any objections will jeopardize the whole "deal."

Record company representatives will also exert authority by having the signing at their office. This further enhances negotiating strength via the psychological edge of being on their own turf.

Many experienced artists will ask for time to read, study, and go over the contract with their family, others who are directly or indirectly involved, and with their legal representative. This would enable a thorough understanding of the contract's content and consequences.

Other artists will hire a competent music attorney to study the contract for them and to do all the negotiations. For example, the experienced music attorney brings with him, not only experience, but clout. This would enable the negotiation of the largest advance and highest royalty rates possible. He would seek over scale wages for recording sessions. He would try to secure generous record promotion budget provisions and guarantees for concert touring, etc..

Also, having an attorney handle the negotiations would completely remove the artist from any confrontations with the record company. In this way, they are able to remain "friends" with the management of the record company while their representative hammers out the final agreement.

Legitimate record companies will respect sound business procedures implemented by an artist.

Experienced artists never …


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To Include Contract Negotiation and Clause-by-Clause Content Analysis of
The 58 Clauses Found in a Typical Recording Contract…
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THE SONGWRITER/PUBLISHER CONTRACT
                 ...How to Negotiate a Songwriter/Publisher Contract

Entertainment Law and Media Law Services

A Songwriter/Publisher Contract defines the agreement between a songwriter and his music publisher. We are all familiar with what a songwriter is, but a music publisher may not be so thoroughly understood.

A music publisher is a business that secures the legal rights to musical compositions and exploits such rights with the intention of making a profit. Or, a person, called a "self-publisher," who engages in the same activity. As copyright proprietor, they administer the business and financial aspects of publishing that may include:

1) Registering (and renewing pre 1978) copyrights,

2) Securing licensing agents with regard to print licenses, mechanical licenses, compulsory licenses, purchase licenses, transcription licenses, synchronization licenses, and performance licenses, e.g., coming into contractual alliance with mechanical rights agents, performance rights societies, and with foreign publishers,

3) Coming up with the appropriate contracts to assign rights in copyright via licenses to music users, e.g., mechanical licenses, synchronization licenses and print licenses…and keeping records of any right transfers, assignments, or mortgages,

4) Obtaining record releases,

5) Collecting song incomes and royalties from licensed agents, e.g., royalties from publishing, performance, mechanical, print, synchronization, merchandising, etc.,

6) Auditing licensed agent representatives to insure they are paying proper royalties and deducting correct amounts for administrative service charges,

7) Accounting for royalties collected, e.g., to songwriters and co-publishers,

8) Reporting to the IRS on Form 1099-MISC certain royalties, independent contractor fees, salaries, commissions, interests, rents, pensions, medical assistance programs or health, accident, and sickness insurance programs, certain direct sales of consumer products for resale, and other compensations paid out. Each recipient is reported separately and the report must include the recipient's name, address, taxpayer identification number (social security number for sole proprietorships), and the total paid,

9) Paying the required employment and other taxes to the proper tax agencies, and

10) Distributing the proper royalty payments, accompanied by a royalty statement, to affiliated songwriters and co-publishers.

Some publishing deals only involve a music publisher handling a specified portion of the above listed overall responsibilities. For example, one limited deal is called an "administration deal." Here, only a limited supervision of the song catalog would be handled, e.g., copyright registration and financial accounting. While obtaining record releases would be handled by the songwriter/artist or label/production company. This often happens where the songwriter/artist owns his own production company and label.

A full-time top rated music publisher will receive up to 200 unsolicited songs each week. The publisher will also receive many other new songs from songwriters they deal with on a regular basis.

When a publisher accepts a song and a contract is signed, the song becomes a part of the publisher's catalog.

Further, a publisher is the one who effectuates the publication of a musical composition. Publication, according to copyright law is:

1) The distribution of copies or phonorecords (e.g., CDs and music video DVDs) of a work to the public. The distribution may be by sale or other transfer of ownership, or by rental, lease, or lending, or

2) The offering to distribute copies or phonorecords to a group of persons for the purpose of further distribution, public performance, or public display (however, a public performance or display of a work does not of itself constitute publication.)

Now that we understand who the parties are in a Songwriter/Publisher Contract, let us look at what is involved from the beginning.


Contract Negotiation and Content

At the start, all terms of a contract are negotiable. Although it is possible for a novice songwriter to acquire a "fair" contract from an "honest" publisher with his first signing--it does not always happen. Even honest publishers are going to first look out for themselves and negotiate a deal that is not detrimental, or potentially detrimental, to themselves. The dishonest ones, however, look out only for themselves.

So, the depth of the contractee's music business experience is important. Past experience helps in negotiating fair contracts. Further, it is predominately a contractee's past track record that will establish his bargaining power. For these reasons the operation of contract bargaining between songwriters and publishers varies greatly.

Here then, are two points of major concern:

1) Bargaining power, and

2) The contents of the final considerations of the agreement.

Attempts at exercising bargaining power may become apparent at the outset. The songwriter may be asked to sign an industry form contract that is said to be "standard for everyone." He may be led to believe it is only a formality, and told in so many words that this is his "chance of a lifetime" and not to sweat the small stuff.

If the songwriter asks any questions or proposes changes the publisher might accuse the songwriter of insinuating that he (the publisher) is dishonest. This is a ploy by the publisher to put the songwriter on the defensive. This enhances the publisher's position of strength and authority. The songwriter is made to feel that any objections will jeopardize the whole "deal."

Publishers will also exert authority by having the signing at their office. This further enhances negotiating strength via the psychological edge of being on their own turf.

Many experienced songwriters will ask for time to read, study, and go over the contract with their family, others who are directly or indirectly involved, and with their legal representative. This would enable a thorough understanding of the contract's content and consequences.

Other songwriters will hire a competent music attorney to study the contract for them and to do all the negotiations. This completely removes them from any confrontations. They can remain "friends" with the management of the publishing company while their representative hammers out the final agreement.

Legitimate publishers will respect sound business procedures implemented by a songwriter.

Experienced songwriters never rush into any contract without completely understanding its ramifications both short and long run. Total evaluation and understanding may take several days. After reading, studying, and discussing the contract with a competent music attorney they often put the contract aside for a few days, clear their minds, and then look at it again. They would talk to others who are currently under contract with the publisher. They would try to look at all


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To Include Contract Negotiation and Clause-by-Clause Content Analysis of
The 48 Clauses Found in a Typical Songwriter/Publisher Contract…
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TMBIO and SMP Members
Resource Information Links for Music Contracts

| TMBIO - Contracts | TMBIO - Contracts--A Closer Look | SMP - Legal Notes |

| TMBIO - Songwriter/Publisher Contract - How to Negotiate - 48 Clauses Outlined |
| TMBIO - Music Publisher | SMP - Music Publishing - Taking Care of Business |

| SMP - Artist Career Development and Related Contracts |

| TMBIO - Production Deal | TMBIO - Production Contract |

| TMBIO - Recording Contract - How to Negotiate - 58 Clauses Outlined |
| TMBIO - Record Deal |
| TMBIO - Record Label | SMP - Record Labels - Taking Care of Business |

| TMBIO - Rights | TMBIO - Licenses |
| TMBIO - Name Rights | TMBIO - Merchandising Rights |

| TMBIO - Mechanical Right | TMBIO - Mechanical License |
| SMP - Mechanical Licensing | SMP - Foreign Mechanical Licensing |
| TMBIO - Transcription Right | TMBIO - Transcription License |
| TMBIO - Video Rights |
| TMBIO - Synchronization Right |
| TMBIO - Synchronization License | SMP - Synchronization Licensing |

| SMP - Multimedia Law - Taking Care of Business |
| TMBIO - Multimedia Right | TMBIO - Multimedia License |

| SMP - Record Distribution - Taking Care of Business |

| TMBIO - Royalties | TMBIO - Cross-collateralization |
| SMP - Royalties - Taking Care of Business |
| TMBIO - Mechanical Royalty |
| TMBIO - Transcription Royalty | TMBIO - Synchronization Royalty |
| TMBIO - Multimedia Royalty | TMBIO - Performance Royalty |

| TMBIO - Performance Rights |
| TMBIO - Digital Performance Right In Sound Recordings |
| TMBIO - Performance License |
| SMP - Foreign Performance Licensing - Taking Care of Business |

| TMBIO - Club Contract |


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