How to Write a Record Contract
Getting your music career off the ground involves signing business contracts to become part of a music label. A good thing to do is to create a good first draft of your record contract by familiarizing yourself with some of the issues that typically arise. You want to make sure you're not giving away too many of your rights as an artist, but also giving the record company what it needs in return.
Other People Are Reading
Instructions
-
-
1
Identify the parties to the contract (the artist and the record company) in the preamble, and state the purpose of the record contract in general terms --- for example, "This contract is entered into in order to provide for the production and distribution of musical works produced by the artist". The contract should include sections on term, royalties, promotion, master recordings and standard contractual housekeeping provisions.
-
2
Set the term of the contract in the first numbered section. According to Frank Jamal, it is best for new artists to set the term at no longer than one year with two one-year renewals at the record company's option. This protects the artist in case the record company proves unable to effectively market the artist's work.
-
-
3
Insert a royalties section. Royalties are a percentage of sales that are offered to the artist in exchange for the record company's use of the artist's copyright. Recording artist royalties typically range from 5%-10% of worldwide sales. You may also want to demand an advance payment.
-
4
Draft a section describing how you expect the record company to market and promote your work. It is important that the company does not "sit" on your work while dealing with higher priority artists, thereby depriving you of royalties.
-
5
Add a section that allows you to retain the rights to and possession of your master recordings after the contractual relationship ends. Master recordings are the original recordings of the artist's work, and are essential to retain.
-
6
Include standard contract housekeeping provisions such as a prohibition against assignment of the contract, a statement that your relationship with the label is as an independent contractor rather than an employee. Include a dispute resolution clause.
-
1
Tips & Warnings
Have an attorney revise your contract. One with experience in entertainment law --- a general practitioner may lack the expertise.
The the larger your advance the less the record label is likely to be willing to pay for royalties.
Many small record companies cannot place your work in record stores --- they offer only the ability to market your work on their own websites.
References
Resources
- Photo Credit rock star image by Mat Hayward from Fotolia.com
