Music Recording Contract - Template, Sample Form Online Pro · US-law
✓ Valid in United States · drafted to comply with local law
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MUSIC RECORDING AGREEMENT
State of ________
This Music Recording Agreement (this "Agreement") is made and entered into effective as of ________ (the "Effective Date"), by and between the following parties:
________, a ________ organized and existing under the laws of the State of ________ (hereinafter referred to as the "Company" or "Recording Label"), having an address at:
________
and
________ (hereinafter referred to as the "Artist"), an individual residing at:
________
The Company and the Artist may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, the Artist is engaged in the field of music and music production and is known publicly under the professional name ________ (the "Stage Name");
WHEREAS, the Company is in the business of producing sound recordings, including the manufacture, distribution, marketing, and sale of such recordings;
WHEREAS, the Artist wishes to engage the Company to produce Music Recordings for the Artist; and
WHEREAS, the Company wishes to produce such Music Recordings, as further defined below.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
ARTICLE I — TERM
§ 1. This Agreement shall commence on ________ and, unless earlier terminated in accordance with its terms, shall continue in full force and effect until the Music Recordings produced for the Artist are complete, including manufacturing, marketing, and distribution (collectively, including recording, the "Services") (the "Term").
§ 2. "Music Recordings" means any original and previously unrecorded musical work, music video, song lyric, or musical composition that the Artist provides for recording to the Company. The "Work" means the final product offered for sale to the public based upon the completed Music Recordings.
ARTICLE II — AGREEMENT TO PRODUCE
§ 3. During the Term, the Artist agrees to create the following audio and visual works:
Number of Music Recordings: ________
Number of Music Videos: ________
Minimum Number of Minutes Per Recording: ________
§ 4. The Music Recordings produced from the works submitted by the Artist are subject to final approval or rejection by the Company. The Artist represents and warrants that all such recordings shall be original and previously unrecorded. The Parties agree that the recordings shall be sold and reproduced under the Company's official record label: ________.
§ 5. During the Term, and using the Music Recordings that the Artist records with the Company, the Company agrees to produce, distribute, promote, and sell a minimum of one (1) musical album, to be released no later than ________. The Company shall have final approval of the quality of the Music Recordings, including ensuring that they are technically appropriate for commercial production and distribution. The Artist agrees to re-record any audio works that the Company reasonably deems not fit for production.
§ 6. The Artist agrees to collaborate with the Company on all creative endeavors, musical works, titles, and designs; provided, however, that the album title shall be subject to final approval by the Company.
§ 7. The Artist acknowledges and agrees that any musical work the Artist is legally prohibited from recording shall not be approved or considered a completed Music Recording by the Company.
ARTICLE III — STUDIO DETAILS
§ 8. The Artist shall record at the following studio:
________
§ 9. The Artist shall be permitted to record during the following dates and times:
________
ARTICLE IV — EXCLUSIVITY
§ 10. During the Term, the Artist agrees not to perform under any professional or stage name other than ________, nor to record any Music Recordings or render any Services by, for, or under any other company or record label. The Artist recognizes that, subject to applicable rights of publicity and the license granted herein, the Artist's persona, stage name, and associated branding may be marketed and sold by the Company in any commercially reasonable manner.
ARTICLE V — ASSIGNMENT & COPYRIGHT
§ 12. The Company shall have the exclusive right to apply for, register, and maintain copyright protection in the Music Recordings and the Work in its own name, and the Artist agrees to execute any documents reasonably necessary to perfect such rights.
ARTICLE VI — LICENSE
§ 13. The Artist grants the Company a perpetual, worldwide, royalty-free license to use the Artist's name, Stage Name, likeness, and biographical information for the marketing and promotion of the Work, and to manufacture and distribute the Artist's Work in conjunction with the works of other artists.
ARTICLE VII — FEES AND COSTS
§ 14. Recording and Artist Costs. The Company shall pay all costs that, by prevailing industry standards, relate to the recording and production of the Music Recordings, including but not limited to background production and vocals, lodging, meals, transportation, studio time, promotional tours, the Artist's wardrobe, graphic design, and additional musicians.
§ 15. Royalties. The Company agrees to pay the Artist royalties equal to ________% of the net revenue generated from the music, including album and singles sales, streaming, and live performance, calculated in U.S. currency. Mechanical royalties may also be payable as the Parties may determine in a separate written agreement. Royalty payments shall be made annually, on ________ of each year, accompanied by a statement of account.
§ 16. Compensation. The Company shall pay the Artist a flat amount of $________ (________), payable upon execution of this Agreement on ________.
ARTICLE VIII — RELEASE
§ 17. As provided above, the Work shall be released no later than ________.
ARTICLE IX — REPRESENTATIONS AND WARRANTIES
§ 18. The Artist represents and warrants that: (a) the Artist has full right, power, and authority to enter into and perform this Agreement; (b) all Music Recordings shall be original and shall not infringe upon any copyright, trademark, right of privacy or publicity, or other right of any third party; (c) the Artist is not subject to any prior agreement that would conflict with this Agreement; and (d) the Artist is of legal age and competent to contract.
ARTICLE X — INDEMNIFICATION
§ 19. The Artist agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, successors, and assigns from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to any breach by the Artist of any representation, warranty, covenant, or obligation under this Agreement, or any claim that the Music Recordings or the Work infringe upon the rights of any third party. This obligation shall survive the termination or expiration of this Agreement.
ARTICLE XI — OPTION TO PURCHASE
§ 20. At any time during the Term or after its termination, the Artist may request to purchase all rights to the Music Recordings that the Artist has assigned and/or granted to the Company for the total amount of $________ (________). Any such purchase shall be effected by a separate written instrument of assignment.
ARTICLE XII — RIGHT TO AUDIT
§ 21. At any time during the Term or within one (1) year after its termination, the Artist and/or the Artist's designated representatives shall be permitted reasonable access, upon reasonable prior written notice and during normal business hours, to all financial records and accounts of the Company that relate to or involve the Artist, for inspection.
§ 22. The Artist shall bear any fees or costs incurred in connection with such audit unless a discrepancy of more than five percent (5%) in the Artist's favor is discovered, in which case the Company shall bear all reasonable fees and costs of the audit and promptly remit any underpayment.
ARTICLE XIII — INJUNCTIVE RELIEF
§ 23. The Artist acknowledges and agrees that, in the event the Artist violates the terms of this Agreement, the Company will be irreparably harmed and money damages will be insufficient to compensate the Company. Accordingly, in the event of any breach, the Company shall be entitled to seek injunctive relief together with monetary damages, and to recover reasonable costs, including attorneys' fees, incurred in enforcing this Agreement.
§ 24. The Artist further agrees that, should the Artist violate any term of this Agreement, the Artist shall provide an accounting of all profits or benefits, monetary or otherwise, realized from the violation, shall repay the Company for any and all such profits or benefits, and acknowledges that the Company shall also be entitled to injunctive relief and any other rights or remedies available at law or in equity.
ARTICLE XIV — TERMINATION
§ 25. In the event of illness or injury rendering the Artist unable to perform or execute the creation or development of the Work in substantially the same manner as at the execution of this Agreement, the Company may terminate this Agreement. If the Company fails to release the Work by the release date set forth herein, the Artist may require the Company to release the Work within thirty (30) calendar days; if the Work is not released within such thirty (30) day period, the Artist may terminate this Agreement in its entirety.
ARTICLE XV — SPECIFIC TERMS
§ 26. The Company may withhold permission for the Artist to perform publicly at any specific venue; if the Artist violates the Company's reasonable directives in this regard, the Company may terminate this Agreement. The Company may obtain life insurance on the Artist, for which the Artist shall reasonably cooperate and submit to any required physical examination. This Agreement does not constitute a joint venture or partnership between the Parties, and the Artist is an independent contractor of the Company.
ARTICLE XVI — NO WAIVER
§ 27. The failure of either Party to enforce any term of this Agreement shall not constitute a waiver of such term or any other term. No term of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a written agreement signed by the Party against whom enforcement is sought may effect a waiver. No waiver of any term shall constitute a waiver of any other term or of the same term on a future occasion.
ARTICLE XVII — NOTICES
ARTICLE XVIII — GOVERNING LAW & DISPUTE RESOLUTION
§ 29. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles, and any applicable federal laws. In the event of a dispute, the Parties shall first attempt to resolve the matter through good-faith negotiation. If such negotiation is unsuccessful, the dispute shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in ________, State of ________, and the arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court of competent jurisdiction.
ARTICLE XIX — SEVERABILITY
§ 30. If any provision of this Agreement is held to be unenforceable, this Agreement shall be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the remainder of this Agreement, valid and enforceable. If a court declines so to amend this Agreement, the invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining terms, which shall be enforced as if the offending provision had not been included.
ARTICLE XX — COUNTERPARTS
§ 31. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one and the same agreement.
ARTICLE XXI — HEADINGS
§ 32. Headings in this Agreement are for convenience only, shall not affect the provisions themselves, and shall not be construed to limit or otherwise affect the terms of this Agreement.
ARTICLE XXII — NO ASSIGNMENT
§ 33. The rights and benefits under this Agreement may not be assigned, in whole or in part, by the Artist without the prior written consent of the Company. The Company may assign this Agreement to any successor in interest or affiliate.
ARTICLE XXIII — RELATIONSHIP OF THE PARTIES
§ 34. Nothing in this Agreement shall be construed to create a joint venture, partnership, agency, or employment relationship between the Parties other than that of independent contractors.
ARTICLE XXIV — COUNSEL
§ 35. Each Party acknowledges that it has had the opportunity to have this Agreement reviewed by legal counsel of its own choosing and has either done so or knowingly waived that right. The Parties agree that they are entering into this Agreement voluntarily and with full understanding of its terms.
ARTICLE XXV — ENTIRE AGREEMENT
§ 36. This Agreement constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. No other communication between the Parties as to the subject matter hereof shall be given effect. This Agreement may be amended only by a written instrument signed by both Parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
ARTIST:
________________________________________
Artist's Name: ________
________________________________________
Artist's Signature
________________________________________
Date: ________
COMPANY:
Company Name: ________
________________________________________
Company Representative Name: ________
________________________________________
Title: ________
________________________________________
Company Representative Signature
________________________________________
Date: ________
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