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Recording Contract Lawyers
What Is a Recording Contract?
A contract is an agreement between two or more parties that is legally enforceable. A recording contract is just a type of contract regarding music. An entertainment lawyer will help you to interpret a recording contract and get the best deal for you.
What's in a Recording Contract?
- Exclusive Agreement - In all record contracts, you will be signing an exclusive agreement. This means that you will not be able to record for anybody else for however long your contract lasts.
- Worldwide Rights - The record company will have rights to your services throughout the world, not just the country you signed in.
- Royalties - Music royalties are a percentage of gross or net profit or a fixed amount per sale or use to which a creator of a work is entitled.
- Deductions - Deductions are subtracted from music royalties. For instance, you will not receive royalties for records that are given away for promotional purposes. A large deduction called the "packaging deduction" is subtracted from your royalties to help pay for packaging of the CD and tape.
- Recoupment - Recoupment is just another way of saying pay back. When the record company spends a lot of money on an artist, that artist must pay the record company back for its investment through its record sales. Record company expenditures including recording studio fees, advances, and promotions are just some examples of what needs to be paid back. An artist only receives royalties after recoupment in complete. On the other hand, the artist does not have to pay out of pocket if the album does not enough.
- Advances - Record companies will usually combine the advance and the recording budget into a lump some. This is called the recording fund. Record companies do this to encourage efficiency in the studio because the artist's advance is what's left over of the recording fund. Depending on the record label, the size of the advance can vary.
What Should You Do if You Are Negotiating a Recording Contract or Have a Dispute?
You might want to consult an entertainment lawyer to interpret the terms of your contract. Recording contracts can be long (sometimes in excess of 40 pages) and confusing. Consulting an entertainment lawyer will help protect your interests and could help save you time and money in the long run.
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