A single track is a result of the hard work of a range of parties – lyricist, singer, musician, producer, and more. This explains why it is important to establish a music producer contract to protect the rights and duties of each of the parties involved.
What is a Music Producer Contract
A music producer contract is a legally binding agreement signed between two parties, namely, the artist and the producer. The contract defines the terms of the relationship between the two parties, while also underlining the rights of each party. It also talks about payment, responsibilities, along with other crucial information.
The music producer contract is governed and interpreted in accordance with the laws of the country the parties reside in.
Why Is a Music Producer Contract Necessary?
As the industry of content production is growing at a rapid rate, new music is launched way too often. With the rise of digital media, the music industry has not only become sophisticated but edgy too.
In such a competitive environment, it gets difficult to exercise the rights on the produced music, and this is when music producer contracts come to the rescue. Music producer agreements are often used by production companies, producers, and music engineers to contract with a record label, an artist, or other music companies.
What Should Be Included In A Music Producer Contract?
Once you have found a producer who can help you in realizing your musical dreams, it is time to set up a music producer contract. Here are a few things you must focus on while drafting the music producer contract PDF:
- How much do you need to pay the producer?
State the payment of the producer clearly in the contract. You can either choose to go with pay per hour or pay per song model. Whatever model you choose to go with, along with the amount charged, should be mentioned in the agreement to avoid misinterpretation.
- Who is the owner of the master recordings?
Your contract must talk about the owner of the master recordings once the producer has been paid. More often than not, singers get to retain the rights of the recordings once the producer has been paid.
- What other roles will your producer portray?
In addition to producing your music, what are the other roles do you expect your producer to fulfill? Both parties must agree on the specific roles and enlist them on your contract. This will help you prevent any legal complications, and would also keep both the parties on the same page.
In an event when your producer also happens to be the writer of your song, it is recommended to get the rights to the songs and compositions transferred to your name.
Types of Music Producer Contracts
Different stages of music production involve different types of agreements. In this section, we will discuss the most commonly used music producer contracts you should know about:
This is one of the most basic music producer contracts. Supposedly, you along with two other singers sing a song, produced by XYZ. Now, if XYZ doesn’t sign a contract, you, as well as other two artists, could claim rights to the ownership of the track.
- Music Collaboration Agreement
This agreement is signed between the artists and the producer and documents the fact that producer has entered into a strategic relationship to produce a song track, and that the artists will be paid for the agreed percentage share.
This agreement is signed between the side artists and the producer to demonstrate that they have been engaged in the process.
So, are you ready to draft your own music contract template but not sure from where to start? Just look upon CocoSign and sort all your needs related to legal contracts and agreements. Simply browse through their vast library of templates, and choose the one that fits you the most.
ARTIST PRODUCER AGREEMENT
This shall serve as the sole agreement between _________________ (hereinafter referred to as "Producer") for services in producing Master Recordings, (hereinafter referred to as "Masters") for and of the recording artist(s) professionally known as _________________ (hereinafter referred to as "Artist").
1. The term of this agreement shall commence as of the date hereof and shall continue until the completion of Producer's services.
2. (a) Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by Artist and Producer. All individuals rendering services in connection with the recording of Masters shall be subject to Artist's approval. Artist shall have the right and opportunity to have Artists representatives attend each such recording session. Each Master shall embody the performance by the Artist of a single musical composition designated by the Artist, and shall be subject to Producers approval as technically satisfactory for the manufacture, broadcast and sale of phonorecords, and, upon Artists request, Producer shall re-record any musical composition or other selection until a Master technically satisfactory to Artist shall have been obtained, provided additional production costs will be paid by Artist. Producer agrees to begin preproduction, rehearsals, and recording on _____________________, 19____.
(b) Producer shall deliver to Artist a two-track stereo tape suitable for duplication and manufacture of phonorecords for each Master. All original session tapes, rough mixes and any derivatives or reproductions thereof shall also be delivered to Artist, or, at Artists election, maintained at a recording studio or other location designated by Artist, in Artists name and subject to Artists control.
3. All Masters produced hereunder, from the inception of the recording thereof, and all phonorecords and other reproductions made therefrom, together with the performances embodied therein and all copyrights therein and thereto, and all renewals and extensions thereof, shall be entirely Artists property, free of any claims whatsoever by Producer or any other person or person engaged in the production of the Masters. (It being understood that for copyright purposes Producer and all persons rendering services in connection with such Masters shall be Contractors for hire).
4. (a) Conditioned upon Producer's full and faithful performance of all the terms and provisions hereof, Artist shall pay Producer, as an advance recoupable by Artist from any and all royalties payable by Artist to Producer hereunder, the sum of $ ________ DOLLARS payable upon commencement of recording, and the balance upon the delivery to you of the Masters.
(b) Notwithstanding anything contained in (a) above to the contrary:
(i) in the event the Masters are released on any label other than ___________
or it's subsidiary or affiliate label or labels, Producer shall not receive a royalty in connection with the sale of such records;
(ii) in the event the Masters are released on the ______________ label or a subsidiary or affiliate label, Producer shall be paid in respect to the sale of such phonorecords a royalty rate of three percent (3%) of the suggested retail price of each phonorecord sold and paid for in the United States. Payments of royalties from foreign sources shall be ONE HALF of the United States royalty rate. All fees paid to Producer hereunder shall constitute recoupable advances which shall be recouped prior to further payment of royalties.
5. Producer has agreed to assist Artist in presenting the Masters to major record companies in pursuit of a record production agreement with a major label. Producer understands that Artist will also be presenting the Masters to major labels and that Producer will not be Artists exclusive representative. Therefore, Producer agrees to notify Artist prior to making any formal contact with representatives of any major record company on Artists behalf in order to coordinate respective efforts and agrees to contact on Artists behalf only those companies mutually agreed upon. In the event Artist enters into a record production agreement with a major label for the Masters recorded hereunder and the further services of Artist as a result of substantial efforts and negotiations by Producer with such company within the period of ONE YEAR following the completion of the Masters Artist agrees to pay Producer a commission of six percent (6%) of the actual cash advances (exclusive of recording budgets) received by Producer upon execution of said agreement. A major record company as defined herein shall be a company or corporation with gross sales of one million (1,000,000) units in the current calender year.
6. Producer hereby warrants, represents, and agrees that he is under no disability, restriction, or other incumbency with respect to his right to execute and perform the services described in this Agreement.
7. Artist shall have the right, at Artists election, to designate other producers for recording sessions with the Artist, in which event Producer shall have no rights hereunder with respect to the Masters produced at such other recording sessions.
8. Artist shall have the right, at Artists election, to assign any of Artists rights hereunder, in whole or part, to any subsidiary, affiliated, or related company, or to any person, firm or corporation acquiring rights in the Masters produced hereunder.
9. (a) This contract sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No amendment or modification of this contract shall be binding unless confirmed in writing by both parties.