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"What Should A Recording Contract Include?"


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Many new artists can not afford to hire a lawyer to represent them in their first recording contract. Doing it yourself is not a good idea however and you should make arrangements against future royalties to get representation.

This does not mean you can not be aware of what goes into a recording contract. One way to do some research of your own is to look at a sample recording contract.

Here are a few things every contract should contain and what you are looking for on your sample contract.

- Create contracts for recording artists

Your sample contract will be set up to create a contract for recording artists. This is an industry that is different from other industries and the contract you sign will need special provisions in it.

- Contract for Groups or Individuals

As a single artist your music contract will be different from that of a group. The number of people and how the contract affects each will be spelled out.

- Royalties

Musicians earn their money on a record deal through royalties on future sales. The fixed percentage will be set and a part of your contract. This is one of the most important parts to negotiate when you can. New artists will not have much control over this, but remember that in your haste to just get your first deal you are establishing your future pay.

- Is your agreement exclusive or non-exclusive

This addresses the question of how you are bound to the record company you sign with.

- What are the renewal options

You hope to develop a long lasting relationship with when you sign you sign with a label. The options to renew should be mutually beneficial and noted as such.

- Distribution Requirements

A sample recording contract will include the distribution requirements for your new record. As you earn a great part of your money from the sales of your new record, how and where it will be distributed for future sales is extremely important to getting your music in the marketplace.

- Controlled composition and mechanical royalties

"Mechanical" royalties now represent royalties due to songwriters and their publishers for each copy of a record sold. On January 1, 1996, the statutory mechanical royalty rate in the United States was increased to $.0695 per song. Because new artists are at a disadvantage when they first start you can expect mechanical royalties to be reduced to 75% of that amount.

This should give you some idea as to what to expect in a recording contract. You can find sample recording contracts on the internet at websites such as LawDeopt.com.

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Brian Cook is a freelance writer whose articles on music and songwriting have appeared on many websites.

You can find more of these at SongwritersGuide.com.

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