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CONTRACT CONTENTS

ARTICLE I

  • OBJECT
  • TERRITORY, EXCLUSIVITY AND DURATION
  • AUTHORIZATION OF EXPLOITATION
  • RECORDING SESSIONS
  • REMUNERATION FOR THE RECORDING SESSIONS
  • ROYALTIES
  • ACCOUNTS AND PAYMENT OF ROYALTIES
  • PROMOTION AND ADVERTISING
  • TRANSFER OF CONTRACT

ARTICLE II

  • GENERAL PROVISIONS

CONTRACT SAMPLE

This ‘PHONOGRAM RECORDING CONTRACT (EXCLUSIVE RIGHTS)’ (“Agreement”) is made by and entered into between [ARTIST NAME(S)] (the “Artist”) and [PHONOGRAM PRODUCER NAME] (the “Producer”), and is executed as a binding agreement as of the Effective Date (Artist and Producer are sometimes herein referred to collectively as the “Parties” or individually as a “Party”).

BACKGROUND AND PURPOSE

WHEREAS, the Producer desires to hire the Artist to record one or more phonograms to be exploited individually or as part of an Album.

NOW THEREFORE, in consideration of the mutual promises and other good and valuable consideration considered hereinafter, the receipt and sufficiency of which are acknowledged by the Parties, the Artist and the Producer agree as follows:

 

ARTICLE I

  1. OBJECT

The Producer agrees to hire the Artist to record one or more phonograms that will be exploited individually or as part of an Album. The work(s) to be recorded include the following:

WORK NAME(S):
  1. TERRITORY, EXCLUSIVITY AND DURATION

The present contract is made for the purpose of worldwide exploitation of the phonograms produced in execution of this contract. The Artist grants the Producer the exclusive right of fixation of the Artist’s performances in a phonogram, during a period of [NUMBER] ([#]) year(s) from the date of this agreement.

  1. AUTHORIZATION OF EXPLOITATION

The Artist authorizes, for purposes of public commercialization throughout the world, the fixation and reproduction by the Producer of the phonograms defined in and listed under Section 1. Therefore, the Producer shall have the right to manufacture, publish, sell by way of any medium (audio cassette, CD, DVD audio or other existing formats) or via online communication networks (Internet and others), and communicate to the public in any format the phonograms defined in and listed under Section 1.

The Producer may do so under the heading, label or mark of the Producer’s choice and throughout the world. The Producer must publish each phonogram in compliance with the production and exploitation timetable set below:

PRODUCTION AND EXPLOITATION TIMETABLE:
Production to begin on:
Production to end on:
Exploitation to begin on:
Exploitation to end on:
  1. RECORDING SESSIONS

The choice of date and location of recording sessions, including those of the musicians and artistic directors, will be made upon mutual agreement between the Artist and the Producer. The final version of each phonogram, which both parties shall find satisfactory (including mixing), will be determined upon mutual agreement between the parties.

  1. REMUNERATION FOR THE RECORDING SESSIONS

The Producer must pay the Artist a remuneration of [$AMOUNT] ([$###]) per recording session.

  1. ROYALTIES

As compensation for granting the Artist’s rights under this contract, the Producer must pay royalties to the Artist as calculated below:

Continued…

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