Recording Contract Agreement Analysis by myself and Fred Pirollo

1. Recording Agreement Analysis
Matthew Williamson & Fred Pirollo
RECORDING CONTRACT
AGREEMENT.
This contract with Record Company’s Name (hereinafter referred to as the
“Agreement”) made on this day ____________, 20__ between ________________ the
Artist (hereafter referred to as “Artist”) and ________________, the Company
(hereinafter referred to as the “Company”).
DEFINITIONS.
"Act of God" – Any natural disaster outside of human control that can possibly
conflict with the contract.
Agreement- The contract between the Artist and Recording Company.
Album- A compilation of songs no less than 45 minutes in length and no more than
60 minutes. The album must also contain no less than 9 songs and no more than 13
songs.
Album Cycle- A fifteen (15) month period of time the Artist is recording with the
Company to release an Album at a specified date prior to going on tour and
beginning to create other option Album's during this Agreement.
Artist- The creator and sole provider of content released through a record label by
recording arranged sound and providing practices within the arts.
Company- The Recording Company or label that will be recording, producing,
distributing, and handling Artist’s albums.
Creative Control- The Artist is held fully responsible for the making and creation of
Songs and Recordings.
Distribution- The release of the master digitally and/or physically of the Artist’s
recorded material.
Engineer- The studio engineer and producer working with the artist.
Merchandise- All goods bought and sold pertaining to the Artist’s brand.
Published Price to Dealer (ppd.)- Basic royalty shares based on a wholesale unit
within the music industry.
Producer- The head engineer working with the artist to create a commercially viable
product.
Recording Facilities- The location where the recording sessions will take place;
another term for recording studio.
Commented [GC1]: Fred Pirollo
Definitions: This area describes keywords in the contract
that may or may not pose confusion to the reader.
Throughout the contract, each term is started with a capital
letter to let the reader know that it's a word they can look
up.

2. Songs- The master recording tracks.
Term- The length of the contractual agreement between the two parties of Company
and Artist.
Third Party- A party in which there are legal obligations or associations to either
party of the contract.
The Following Shall Be Understood:
- The Company is a public enterprise with qualifications specialized within the music
industry including distribution, management, and recording.
- The Artist will perform under the following stage name, ________________.
- The Company will provide the Artist with the expertise, professional contacts, and
business management resources to further advance the Artist’s career.
- The Artist and Company wish to freely enter into this Agreement to complete the
recording process.
The Following Shall Be Agreed Upon:
TERM.
This Agreement will begin once all parties have agreed and will be effective for an
Album Cycle length of two albums with an option for a third album with the Company.
An Album Cycle is a maximum fifteen (15) month period before another project or album
can be released. After an album is recorded and released the Artist will go on tour,
which will be ____ tour show dates out of ____ days of travel.
DEFAULT AND CURE.
If the two parties have a fundamental disagreement both parties have options.
If the label feels as though the Artist is not fulfilling his/her contractual obligations it can
suspend the terms of this Agreement and its obligations to pay royalties, or terminate
the Agreement and sue for damages. The Company will keep the master recordings if
the Artist is the one(s) at fault to terminate this Agreement.
If the Company prohibits the Artist from recording for a separate company during the
feud the Artist can do one of the following:
(a) Discard the project and not record at all
(b) Leave the Company on their own terms
(c) Try to renegotiate the contract, or
(d) Continue recording for the Company.
Commented [WM2]: Term is the agreement between the
two parties and will last for the specific time period. The
album cycle is the allotted time to record music and then to
take the album on tour. There is an option for a third album
which will be decided by the Company.
Commented [WM3]: Default & Cure: This sections
describes the possible disagreements between parties and
how they can be resolved. It also hints at the obligations
that need to be completed. If the Artist is not performing
the necessary tasks in this Agreement then it can be
terminated and they forfeit their master recordings they
started with the Company.

3. RECORDING AND PRODUCTION.
The Recording will be produced within the following parameters:
1.0 Production.
1.1 The Company agrees to produce Songs master recordings (hereinafter referred to
as the “Songs”) made from the Artist (hereinafter referred to as the “Recordings”). The
Artist is given full Creative Control responsibility and control (hereinafter referred to
“creative control”) over the creation of his/her Recordings, while the Company must
consider agreeing to the recordings commercially viable.
1.2 Creative Control. “Creative control” means that the Artist is held fully responsible for
the making and creation of Songs and Recordings.
1.2 Commercial Viability. Every recording the Artist makes has to get an approval from
the Company and be considered commercially and technically viable for the
manufacturing and selling of records in accordance to the reasonable and agreed
industry standards.
1.3 Ownership. The Artist gives up full ownership of any/all Recordings made with the
Company.
2.0 Exclusivity.
2.1 During the term of this agreement the Artist agrees to provide their services as a
recording Artist only for The Company and is not allowed to provide any services as a
recording Artist for any other commercial company or entities.
2.2 The Producer agrees to give up the rights to use of name and likeness of the Artist.
The Producer does though, have the rights to use of name and likeness for the Songs
of Album produced.
2.3 The Company can use name and likeness during the time the Artist is contracted
with the Company. The Company can transfer back name and likeness to the Artist
after the term of this agreement.
3.0 Warranties.
3.1 The Artist promises that there are no other contractual agreements or obligations
that could prevent the joining of these two parties. The Artist also promises to refrain
from entering into any other agreements that could prevent the Artist from completing all
obligations stated in this Agreement.
3.2 The Company has no ownership of any back catalog material created by the Artist
prior to this Agreement.
Commented [GC4]: Fred Pirollo
Recording and Production:
This section covers both the recording and production
process as well as how the product's royalties and
distribution will be covered. This section contains the most
information and will be explained in other comments.
Commented [GC5]: Fred Pirollo
Production section
Took out the "hereinafter referred to as____" parts and
moved them to the definitions.
Commented [GC6]: Fred Pirollo
Exclusivity
This section covers what the Artist, Company and Producer
each have rights to. Section 2.1 explains that the Artist is
not allowed to record under any other Company while
under contract with his/her current one.
Commented [GC7]: Fred Pirollo
The producer is allowed to use name and likeness for the
Album but not the Artist. He or she isn't allowed to use
"Producer for ______" but is allowed to use "Produced the
song/album _______". This makes sure that the producer
cannot use the Artist's name and likeness after the Artist
moves on to another producer or Company.
Commented [WM8]: Warranties: This sections describes
how the Artist may not record or enter into other contracts
with different labels. Company does not own prior music
the Artist has created. The Company also will not get in the
way of the Artist completing their necessary tasks to
complete an album.

4. 3.3 In addition to taking 85% of the revenue made from the sale of the Artist’s recorded
music, the Company will also be taking 15% of the revenue made from touring and 10%
of the revenue made from endorsements.
3.4 The Company promises not to do anything that could hinder the Artist from
completing his/her obligations stated in this contract.
3.5 All stipulations under this section are non-negotiable.
4.0 Recording Sessions.
4.1 The Artist agrees to make use of the Recording Facilities (hereinafter referred to as
“recording facilities”) and studio Engineers (hereinafter referred to as “producers”)
employed by or affiliated with the Company.
4.1.1 Recording Facilities. The Artist is not limited to using only the Company’s
recording facilities.
4.2 The Artist agrees to commit the best of their abilities and talents to the creation of
songs and recordings for the Company to use and exploit through distribution and
record sales.
4.3 Third Party. Any third party producer, executive producer, sound engineer, studio
producer, that is not affiliated with the Company, which the Artist creates a recording
with must have their recording put before the Company in order to be considered
commercially viable.
4.4 Damages. Any damages that occur in any recording facilities under Artist use will
then have to be paid out to the Company. The Artist must pay the amount in full.
4.5 Recording Commitment. The artist agrees to record and produce a commercially
viable Album no less than 45 minutes in length and no more than 60 minutes. The
Album must also contain no less than 9 songs and no more than 13 songs.
5.0 Distribution.
5.1 When the Recording is completed the process of Distribution will commence.
Distribution will be followed by this Agreement. The Company will have the Artist’s best
interest in mind when going forth with an attempt to secure a Distribution deal through
multiple Distribution platforms (Compact Disks, Vinyl, iTunes, Streaming Services,
Radio, Television Commercials, Movies, Social Media outlets).
5.2 The Distribution of copies of the master recordings from the Company will be
released via digital downloads, streaming services, physical CD’s and album sales.
5.3 Any outside contract between the Company and one or more Distribution outlets will
be held subject to the terms and conditions of this Agreement.
5.4 The Album will be delivered to the Company before the end of an Album Cycle to
ensure the album’s press, release and Distribution.
Commented [WM9]: Distribution: This section states
how the Artist and Company will release the material
created in the studio. There will be a few platforms of the
Album's release. The Album will also be given to the
Company before the end of the album cycle to have time for
means of prior distribution tasks and time to promote
leading up to release.

5. 6.0 Advances.
6.1 Upon signing this Agreement, the Artist is entitled to an advance of $100,000.
Depending on sales of first album, future advances will be negotiated between the
Company and Artist. This advance is non-returnable at full liability of the Company.
6.2 Recording cost. The production cost of Artists’ album must at least amount to
$50,000 and can be no greater than $70,000 with unlimited amount of hours to stay
within budget.
6.3 Cross-Collateralization. Artist agrees that all monies recouped from various sales of
(albums, merchandise, touring) are cross-collateralized, meaning, no royalties will be
given to the Artist until the Artist has recouped and paid back all advances given to
them by the Company.
6.4 Touring Advance/Support. The Company will cover the expenses of traveling,
vehicle rental equipment and other accommodations that are specified by the Artist’s
manager.
6.4.1 Manager's Advance (Loans). Manager and Artist are not required to give one
another personal loans. If either party decides to seek a loan, then the loanee is
obligated to repay the loaner the amount owed to them in entirety within thirty (30) days.
Failure to pay back in a timely manner will accumulate an interest rate of 1.1% plus the
accrued amount owed on a monthly basis.
7.0 Royalties.
7.1 Royalties for all potential outlets of gross income will be paid subsequently to
recoupment of advance based off of a comprehensive royalty report.
7.2 Merchandise. 12 percent of gross Merchandise profit in the first half of album cycle
goes to the Company for all merchandise sold.
7.3 Endorsements. 10 percent of gross Endorsement profit goes to the Company.
7.4 Mechanical Licensing. Creators of Musical content (i.e. Artist) receive 3-6% of
mechanical royalties.
7.5 Record Sales. Upon release of Artist’s first album, Artist is entitled to 15 percent for
Published Price to Dealer. The remaining percent goes to the Company.
8.0 General Issues
8.1 Force Majeure. Artist and Producer can agree to terminate this contract due to
unavoidable or unpredictable occurrences that prevent either party from fulfilling their
duty. These occurrences include, but are not limited to, death between either party, war,
crime, or an "Act of God" (earthquakes, flooding etc.).
Commented [GC10]: Fred Pirollo
Advances:
This section covers how much money the Artist will be given
to work with. The Advances section also makes sure that the
artist uses the money for the recording rather than personal
reasons (i.e. Paying other debts, bills, etc.)
Commented [WM11]: This section can be negotiated
between Artist and Manager in their separate contractual
agreement. But found that it would be important to include
in this section of Advances to emphasize that the Company
is not the only one who can give out Advances or Loans.
Commented [WM12]: Royalties: This section states how
royalties will be paid out to the Artist and the Company.
Specifics are also stated on merchandise, endorsement
deals, mechanical licensing, and record sales.

6. In witness of, the Record Company and Artist will fully abide by this Agreement with
their signature and marked date.
______________________________________ _____________________
Record Company Date
______________________________________ _____________________
Artist Date