Standard Record Producer Agreement.doc

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Record Producer Agreement When to Use This Document: This is a full-fledged, long form producer's agreement, to be entered into by a producer who will be creating a commercially released master recording(s) and an artist or a record label. Why this can be a critical document: Choosing a producer and negotiating their percentage points and future rights is an important decision for an artist at any stage of the game. Generally, the artist is responsible for hiring the producer, even when a rec
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  Record Producer Agreement When to Use This Document: This is a full-fledged, long form producer's agreement, to be entered into by a producer who will becreating a commercially released master recording(s) and an artist or a record label Why this can be a critical document:!hoosing a producer and negotiating their percentage points and future rights is an important decision for an artist at any stage of the game enerally, the artist is responsible for hiring the producer, e#en when arecord label is in#ol#ed on behalf of the artist in terms of budgets and negotiations $ecord labels may alsouse this form for that reason  %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% & $*++ $. $D+ $T+T' /+$+T0 TTU$DU!.$'  $../.Tgreement made as of this %%%% day of %%%%%%% 12%%% between  %%%%%%%%%%%%%%%%%%%%%%% (3you3), c4o %%%%%%%%%%%%%%%%%%%%%%%%%%%  %%%%%%%%%%%%%%%%%%%%%%%%% and %%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%%% (hereinafter 3!/03) & .  ./.T(a) !/0 hereby engages you and you hereby accept such engagement to render your e5clusi#e ser#ices for !/0 sub6ect to subparagraph (f) below, as the  producer of /asters embodying the performances of artists (each artist whose $ecords are produced by you hereunder is indi#idually and collecti#ely referred to as 3rtist3 and each rtist's agreement with !/0 is referred to as the 3rtist greement3), which /asters shall be commercially satisfactory for the production and manufacture of $ecords (b) The term of this agreement shall e5pire %%%%%% (%%) year from the date hereof 0ou hereby grant !/0 %%%%%% (%%) separate options to e5tend the term of this agreement for additional periods of one (&) year per each option on the same terms and conditions applicable to the initial one (&) year term, e5cept as pro#ided herein !/0 may e5ercise each of those options by notifying you in writing at any time  before the e5piration of the then-current term +f !/0 e5ercises such an option, the additional period of one (&) year shall commence upon the e5piration of the immediately preceding period  (c) The /asters shall embody performances by rtist of selections mutually designated  by you, !/0 and rtist (d) !/0 may re6ect any /aster which is of unacceptable 7uality, or which !/0 reasonably deems to be offensi#e to reasonable standards of public taste or morals or may infringe on the rights of others +f !/0 re6ects any such /aster youshall rerecord each such re6ected /aster until a /aster acceptable to !/0 has  been Deli#ered(e) 0ou shall Deli#er to !/0 a monaural tape (if re7uested by !/0) and a two-trac8 stereo tape for each /aster as well as reference discs which are representati#e of such tape masters 0ou shall Deli#er at the same time any mult-trac8 master tapes recorded in connection with the recording pro6ect (s used herein, 3Deli#ery3 shall meanthe receipt by !/0 of commercially satisfactory /aster $ecordings embodied on master tapes fully edited, e7uali9ed, mi5ed and leadered for the production of parts necessary for the manufacture of $ecords, all publishing and songwriter information (including applicable music performance rights organi9ations), label copy information,  credits, the timings of each !omposition contained on the $ecord, ancillary materials  prepared by or for you, necessary first-use mechanical licenses, information necessary for side-artist permissions, all other necessary appro#als or consents, and any information re7uired to be deli#ered to unions, guilds or other third parties Deli#ery will also include the appro#al of a reference disc from which metal parts can be prepared Deli#ery shall  be made on or before the last date for timely Deli#ery of the applicable /asters pursuant to the applicable rtist agreement(f) 0ou shall not render ser#ices as a producer of $ecords for any erson other than !/0 during the term hereof ;otwithstanding the foregoing, you shall ha#e the right to produce the following number of s for ersons other than !/0 during each applicable year of the term, pro#ided such production wor8 in no way interferes with your obligations hereunder:< ;D$=T T.: Delete or modify brac8eted as portions necessary<1 $.!$D D $T+T(a) 0ou shall render your ser#ices hereunder on such $ecordings as !/0 and you shall mutually designate, pro#ided such /asters are recorded by rtists under contract to !/0(b) During each applicable year of the term hereof, you shall produce at least the following number of ides for !/0: (&) 0ear ne: (1) 0ear Two (if any):  (>) 0ear Three (if any): (c) ro#ided that you are not in material breach hereof and that you otherwise comply with paragraph 1(a) hereof, !/0 guarantees that you shall produce no less than the number of ides described in paragraph 1(b) abo#e in each applicable year of this agreement +n the e#ent that !/0 fails to comply with the pre#ious sentence ;and  pro#ided you ha#e so notified !/0 in writing at least thirty (>2) days prior to the e5piration of the then current year of the term<, !/0's only obligation shall be to  pay you an amount e7ual to the guaranteed number of ;ides< ;s< in that year, less the number of ;ides< ;s< actually produced by you in that year, times the ad#ance per ;ide< ;s< specified in paragraph %%%% +f !/0 has offered you the opportunity to produce /asters and you decline to produce such /asters, the number of /asters you ha#e so declined to produce shall reduce the guarantee described herein, and you shall immediately return that portion of the d#ance pre#iously paid to you applicable to the unrecorded /asters +f you do not immediately return such portion of d#ance, !/0 may, in addition to other applicable remedies, deduct same from any monies  payable to you(d) rior to your producing $ecordings of any rtist, the rtist concerned shall agree, by way of !/0's standard letter of direction, to pay you your compensation (d#ances and royalties) from monies otherwise payable by !/0 to such rtist !/0 shall not be obligated to allow you to produce an rtist that does not comply with the foregoing The foregoing shall not apply if the rtist does not ha#e a so-called 3all-in3 recording fund and4or 3all-in3 royalties, in either of which e#ents, your compensation and royalties shall be paid by !/0 in addition to monies paid to rtist> .$*+!.(a) 0our ser#ices hereunder include, but are not limited to, the planning, preparation, rehearsal, production and direction of recording sessions in accordance with the terms and conditions of this agreement(b) +n connection with each recording session hereunder, you agree:(&) to engage on !/0's behalf conductors, #ocalists, musicians, arrangers (including 3s8etchers3), orchestrators and copyists?(1) to arrange for the use of the recording studios appro#ed in the proposal, and other necessary technicians and technical facilities in connection with such recording sessions?(>) to appear at each scheduled recording session?(@) to render ser#ices hereunder, in connection with the production of rtist's /asters, to the best of your ability? and  (A) to ma8e proper preparations for such sessions and rehearse, record and rerecord the selected musical !ompositions and comply with such instructions under the general direction of !/0, or its duly authori9ed agent, until acceptable /asters are Deli#ered to !/0(c) 0ou shall notify the appropriate ocal of the merican =ederation of /usicians in ad#ance of each recording session(d) 0ou shall timely supply !/0 with all of the information it needs in order: (&) to ma8e payments due in connection with such $ecordings? (1) to comply with any other obligations !/0 may ha#e in connection with the ma8ing of such /aster $ecordings? and (>) to prepare to release $ecords deri#ed from such /aster $ecordings Without limiting the generality of clause (1) of the preceding sentence, you shall furnish !/0 with all information it re7uires to comply with its obligations under its unionagreements, including, without limitation, the following: () +f a session is held to record new trac8s intended to be mi5ed with e5isting trac8s (and if such information is re7uested by the merican =ederation of /usicians), the datesand places of the prior sessions at which such e5isting trac8s were made, and the =/ $ecording !ontract (=orm 3B3) number(s) co#ering such sessions (B) .ach change of title of any !omposition listed in an =/ $ecording !ontract (=orm 3B3)(!)  listing of all the musical selections contained in $ecordings made under this agreement(e) othing in this agreement will obligate !/0 to continue or permit the continuation of any recording session or pro6ect, e#en if pre#iously appro#ed? if !/0 reasonably anticipates that the $ecording !osts will e5ceed those specified in the appro#ed budget or that the $ecordings being produced will not be satisfactory(f) 0ou will not directly or indirectly act or purport to act on behalf of !/0 without !/0's e5press prior written appro#al as to each such action(g) +n connection with each recording session conducted hereunder, you will comply withthe following procedures re7uired by the United tates immigration law:(&) Before any indi#idual renders ser#ices in connection with the recording of any /aster hereunder (including, without limitation, each bac8ground instrumentalist, bac8ground #ocalist, producer and engineer): () 0ou will re7uire each such indi#idual to complete and sign the ./0.. +=$/T+ D *.$+=+!T+ (3employee section3) of a U +mmigration and aturali9ation er#ice (3+3) .mployment .ligibility !ertificate (3=orm +-C3), unless
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