Ben Simonson

MUSC 388

Artist Recording Agreement

The following is an agreement between record company Season of Mist and artist Joe Smith, and
is effective as of October 25th, 2014. This agreement is representative of the record company
(which will be referred to as Season of Mist from now on). Note: Season of Mist is an actual
smaller-scale record label, and I tried to model this agreement based on what I feel they would
say to someone they'd be interested in hiring as a recording artist.
Engagement:
Season of Mist hereby employs Smith to provide his services that may be required for Master
recordings. Smith accepts this engagement and understands that his services are exclusive to
Season of Mist.
(Halloran 286)
Term:
-The term of this agreement is effective now and will continue for an initial period, until the
twelfth month following the delivery of the final master recording.
-Smith grants Season of Mist four options for Term extension, each with the same conditions as
the Initial Period. Each Option Period will be effective upon the ending date of the preceding
period until the delivery of the last master recording, as may be required for that Option Period.
-Season of Mist will notify Smith of any option periods up to two months prior to the respective
period's expiration.
(Halloran, 286-288)
Artist Requirements:
During the Initial Period of this contract, Smith shall agree to record and deliver Season of Mist
with one full-length LP, containing no less than thirty minutes of music. This music shall be
written and performed by him and any additional musicians he wishes to work with.
For each subsequent Option Period, Smith will record and deliver an additional album with the
same minimum requirements as outlined for the Initial Period. Each album should be completed
and delivered within eighteen months following the start of each respective contract period,
unless otherwise negotiated.
(Record Label Contract Sample.rtf) (Halloran, 288-289)
Recording Procedure:
Before the recording of each album, both parties must agree to each of the following:
-selection of producer and financial terms of Smith's agreement with said producer
-selection of the material that Smith wishes to put on each record
-dates and locations, including specific studios, where recording and mixing will take place
-estimated duration of recording process; the time Smith requires to spend in the studio
Season of Mist will also assist in providing any additional musicians needed to complete any
recordings, as requested by Smith or the producer. Costs of hiring such musicians will be
included in each recording's respective budget.
(Record Label Contract Sample.rtf) (Halloran, 289-291)

Costs:
Seasons of Mist agrees to assist in the production of these albums by funding for all costs of
recording, which include (but are not limited to) the following:
-Costs of hiring a producer for his/her services
-Transportation costs to and from recording location
-Lodging and meal costs during the time span of recording
-Costs of hiring any additional studio personnel for the purpose of recording
-Duplication of sound recordings in the form of phonorecords
Each of these costs will be paid for in advances made out to Smith. It must be noted that these
advances are recoupable (see Deductions from Royalties section).
(Record Label Contract Sample.rtf), (Halloran, 302-306)
Budget:
Smith will be given an advance of $15,000 to cover production costs of his first album, unless he
can show that he requires more. If a raised budget is necessary for album production, the amount
must be mutually agreed upon by both parties. Future advances made out to Smith will be
gauged on album success and how much of the previous advances were utilized by Smith.
Advances for Option Periods can be negotiated, but must be mutually agreed upon, the same as
during the Initial Period.
(Contract provision taken from assignment sheet, but content is original)
Artistic Control:
Season of Mist and Smith will be jointly responsible for the artistic content of each album,
including genre, instruments used, song lengths, production quality, and any additional musicians
used. Smith will be consulted regarding any restrictions that Season of Mist wishes to place on
each album. Season of Mist will be consulted with concerns of questionable artistic contributions
to each album, including extended or reduced album lengths, bonus tracks, guest musicians, or
any other unique album content that Smith may wish to include.
(Record Label Contract Sample.rtf)
Grant of Rights:
For distribution and commercial exploitation in Season of Mist's Territory, all recordings
contributed by Smith during the Term of this contract will be owned by Season of Mist upon
submission. By submitting, Smith agrees to grant Season of Mist ownership of all his rights,
titles, and interest in and to the following property:
-Songs
-Smith's performance of the songs contained in the recordings
-Titles of recordings, including album titles
-Artwork included with sound recordings
(Record Label Contract Sample.rtf) (Halloran, 292-295)
Distribution:
Upon commencement of this agreement, and continuing for the end of the Initial Term, as well as
any Option Periods, Season of Mist will use its best efforts to secure distributions of Smith's
recordings throughout its own Territory, and the rest of the world by means of one or more
record distribution companies. Any agreement made with such a company will be subject to the

terms of this agreement.

(Record Label Contract Sample.rtf)
Deduction From Royalties:
In order to recoup the funds for Smith's recordings, deductions from artist royalties will be made
until Season of Mist's advances have been fully paid off. If funds have not been fully recouped
after the contract period is over (twelve months following the delivery of the last master
recording), Smith must find a way to pay back these advances, whether from other royalties he
has earned, or through his own private funds.
(Record Label Contract Sample.rtf)
Internet Exploitation:
Season of Mist will provide Smith's music to internet retailers and streaming services in order to
contribute to album sales and streams. Season of Mist will collect digital royalties as is subject to
each internet service's revenue split, and the rest will be distributed to Smith and his publisher.
As with album sales, internet revenue will also help to pay off any advances that Smith owes.
(Contract provision taken from assignment sheet, but content is original)
License for Musical Compositions:
Smith gives Season of Mist permission to use his name, as well as his photographic image, to
promote and distribute the recordings. (Record Label Contract Sample.rtf)
Controlled Compositions will be licensed to Season of Mist and its licensees at a royalty rate
equal to 75% of the United States statutory rate per Controlled Composition. This rate may be
subject to negotiation, but will ultimately be decided by Season of Mist.
Season of Mist agrees to pay the following:
-For any single delivered by Smith, no more than two times the US 75% Rate
-For any EP delivered by Smith, no more than five times the US 75% Rate
-For any album, typically no more than ten times the US 75% Rate, but may be subject to
negotiation if the number of songs included is more than ten.
(Halloran, 320-321)
Option to Purchase:
At any time during the Term of the agreement, Smith has the option to purchase any of his rights
assigned to Season of Mist. The price may be negotiated by both parties, but will ultimately be
decided by Season of Mist.
(Record Label Contract Sample.rtf)

Sources Used:
1. Halloran, Mark. The Musician's Business and Legal Guide. Upper Saddle River, NJ.
Pearson Education. 2008. Print.
2. Record Label Contract Sample.rtf. Google Documents. Web.
https://docs.google.com/a/suny.oneonta.edu/document/d/1Wf9YGEOxe5oyWna6fkWkg
OssW7FTeNLPHEq3Plzar0w/edit