record label distribution agreement

Much depends on the style of music involved. Use the Recording Agreement document if: You are a group or solo recording artist giving a record label exclusive rights to your music. You are a recording company seeking the exclusive right to record, promote, license and sell an artist's music. DEFINITIONS: For the purpose of this Agreement, the following terms shall have the following meaning: "Advance" shall mean a pre-payment of royalties. No refunds accepted. Far too often, the benefits of a smaller label are discovered only after an unhappy relationship with a major recording label occurs. This one’s much less clear. This deal provides little likelihood that the artist will see any 50% share of money: Net Profits: We shall pay you the following Net Profits: Further, notwithstanding the foregoing, you hereby acknowledge that the cost of administration of certain expenses (e.g., postage and supplies) would exceed the actual cost or expense of such materials, and therefore our estimate of such Expenses shall be conclusive and binding upon you. An LP shall comprise no less than ten (10) or more than fourteen (14) Masters. If the result leaves a net profit, then that net profit will be shared with the artist, and the artist’s share will be deemed the artist’s royalty. Generally, people are pretty honest but there are lots of grey areas and it’s the subject of a lot of debate in the industry and within the organizations that oversee the charts”. This contract is 5 pages long. Your share of Net Profits shall include all royalties and other monies payable to any producers, mixers, third-party publishers, or any other persons entitled to royalties and other monies payable in connection with the sale and other exploitation of the Masters (including, without limitation, mechanical and synchronization royalties). 2. AMENDMENT: This writing sets forth the entire understanding between the parties with respect to the subject matter hereof, and no modification, amendment, waiver termination or discharge of this agreement shall be binding upon the Company unless confirmed by a written instrument signed by an authorized officer of the Company. Record Company       By:____________________________ _______________________________, President     ARTIST:     ________________________________ Artist p/k/a Artist Band Name   Exhibit C Company agrees to perform the following activities on Artist.s behalf: Prior to release of Artist's finished LP, Company will have built pages for Artist on Company web-site, and will feature some of Artist's previous music, along with bio/press releases, and a link back to Artist's web-site. "Net Sales" shall mean sales of Records paid for or credited and not returned except as specifically set forth to be different in this Agreement. Deposit as aforesaid shall fulfill our royalty obligations hereunder as to such record sales. or L.P., regardless of the total number of compositions contained therein, shall not exceed Two [2] times, five [5] times, and twelve [12] times the "Per Selection Rate" respectively. Art and design—$4 thousand Comparison of a 50-50 Net Profit Deal with a Royalty Deal. Any bona fide reasonable and or agreed fees paid to third party distributors by Company or deducted from Company's Gross Receipts will be included as deductible expenses for purposes of calculating Net Receipts. Artist has secured all proper licenses for the right to perform and record all or any part of the performances or recording embodied on Artist's Master including for the use of any third party's recording or composition for use for what is commonly known as "sampling", "replay", or "interpolation". This contract pack covers joint ventures and a band partnership agreement as well as other useful contracts! An agreement under which copyright on certain recordings is assigned (from Artist to Label) but Artist is not engaged exclusively by Label as a recording and performing musician. d) Artist shall be deemed to have consented to all royalty statements and all other accountings rendered by Company hereunder and each such royalty statement or other accounting shall be conclusive, final, and binding, shall constitute an account state, and shall not be subject to any objection for any reason whatsoever unless specific objection in writing, stating the basis thereof, is given by Artist to us within two (2) years after the date rendered. The labels obviously get a good advantage on this approach, as they have no need to incur manufacturing, warehousing, shipping, or distribution costs. Company will mail a minimum of 100 copies of the recording to radio stations through our own resources or through the use of an established Radio Promoter. Both parties agree to act in a professional manner at all times to not act, omit or operate negligently or recklessly resulting in the impossibility to carry out the event. NAME & LIKENESS: a) During the Term of this Agreement and for as long as Company shall be entitled to sell the Records derived from Masters produced under this Agreement, Artist hereby licenses to Company the right, and to license others the right, to use Artists' name, likeness, voice, biographical material or other identification for use in association with any promotion, marketing or advertising, in any medium now known and existing or that is created in the future, of the sale of Records pursuant to this Agreement. An additional number of songs written prior to the term are also assigned in the agreement. This template compiles a comprehensive number of clauses dealing with different issues concerning the sponsoring of artists or events. 16. Company will act as wholesaler to retail distributors as needed, and will maintain sufficient stock of Artist's finished LP to supply said retail distributors. Get a lawyer, says Hamilton. Digitally distributed tracks should not be subject to any reserves against returns, since they are paid for and can’t be returned. NOTICES: All notices hereunder required to be given to Company shall be sent to Company at its address first mentioned in Exhibit B herein and all royalty statements (and payments) and all notices to Artist shall be sent to Artist as Artist's address first mentioned herein in Exhibit B, or such other address as each party respectively may hereafter designate by notice in writing to each other. If the record label also picks up promotion, publicity, and marketing, then the deal is usually structured as a royalty deal that will leave the record label with a sufficient margin to cover all of its costs and make a reasonable profit. It’s also pretty well accepted that record labels which are completely owned and controlled by a major label are considered part of those majors labels too, so this includes the likes of Parlophone, EMI, Island Records, Republic, Columbia and so on. In this type of deal, you deliver an agreed amount of packaged compact discs to a record company. In the event that the foregoing is unacceptable to Company, Company agrees to consult with Artist in connection with the preparation of alternate front cover artwork. "Controlled Compositions" shall mean all musical Compositions or material recorded pursuant to this Agreement, which are written or composed, in whole or in part, or owned or controlled directly or indirectly by Artist or any producer of Masters subject thereto. “Distribution is a way of artists getting their music out there in the world” she explains. Company will pay Artist a Master Royalty after Company has recovered all costs paid by Company from all income received by Company for the Masters and their marketing and distribution.

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