OMB CONTRACTS

Music Agreements and Contracts for Record Label Owners, Artist, Musicians and Industry Professionals

Common types of music contracts may include recording agreements, songwriter agreements, co-publishing agreements, artist management agreements, booking agency or talent agent agreements, independent production agreements, business manager agreements, publicist agreements, live performance contracts, film composer agreements, synchronization and master use licenses, and mechanical license agreements.

There Are A Few Things You Should Know About Music Contracts

It is always a good idea to have a knowledgeable entertainment attorney look over a music contracts!

Contracts should always list:

Publisher’s Name

Song Titles

Writers Name

Dates

Royalties Splits and Royalties Schedules for Payment (Statement and Audits).

Info For Ownership

Arbitration Clause

Future Uses Clause

Performing Rights Info

Master License Info

Fees For Management, Booking Agents etc…

1.Agreement of Distribution

This contract form applies when the Manufacturer and the Distributor agree to the distribution of products.

2.Agreement of Foreign Agency

The agent agrees to act as the publisher’s representative in foreign markets, to promote and market music (or musical recordings), negotiate deals and grant sub-publishing rights to third parties within such foreign markets. The agent will be paid a commission based on a percentage of sales and licensing fees received by the publisher.

3.Artist Management Agreement

Contract between Manager and Artist  when a manager is personally managing and advising the career of the recording and performing artist

(Standard Fee 15% to 20%).

4.Artist Producer Agreement

A production agreement is a form of record contract whereby an independent producer of an artist agrees to produce masters or an album.

5.Artist Record Contract

A recording agreement or “record contract” can take many forms. It may be an agreement for the exclusive services of a group or individual artist, for a period of years, or for a certain number of albums. Many times there are options, which are exercisable by the company, not the artist.

6.Artist Rider

A contract between a performance venue and an entertainer or artist detailing the finalized negotiated terms and conditions of a performance, like performance length, compensation (i.e. travel expenses, lodging), profit share, and payment method.

7.Assign of Copyrights

This agreement allows the owner of a literary property to assign all of its rights (including copyrights) in that property for an agreed upon sum of money.

8.Booking Agreement

Booking Agent Artist Agreement is used by a booking agent when contracting with an artist when the agent finds employment for artists from buyers of talent.

(Standard Fee 10% to 20%).

9.Broadcast Agreement

Radio or Television  Broadcast Agreement spells out the terms of recording a live performance on internet, radio or television. These  Agreement also addresses ownership of the performance footage after the recording.

10.Confidentiality Agreement

An agreement designed to protect secrets between parties.

11.Cease and Desist Letter

A Written document sent  as a  warning Cease And Desist when the owners of a copyright become aware of unauthorized duplication or manufacturing of a particular recording.

12.Composer Agreement

The Composer Agreement (Film/TV) is designed to set forth an agreement between a film or television Producer and a Composer for the purpose of composing an original score for a film or television program. Agreement should covers all aspects of payment.

13.Concert Performance Agreement

Live Performance Contract is used when a performing artist or booking agent for a performing artist makes an agreement for the artist or band to perform live at a venue.

14.Co-publishing Agreement

Publishing Agreement used by  more than one individual or company to administrate the publishing of a songwriter.

15.Copyright License

Grants you permission to copy, sell and distribute or describe precisely the rights to be granted to licensee copies only by the owner of material filed with the Library of Congress.

16.Digital Music Distribution

Agreement applies to a traditional record company licensing their masters to an online digital retailer like, iTunes, Napster etc..

17.Exclusive Songwriters Contract

Publisher or Record Label hereby employs writer to render his services as a songwriter and composer and otherwise as may be hereinafter set forth. Writer hereby accepts such employment and agrees to render such services exclusively for publisher during the term hereof, upon the terms and conditions set forth herein

18.Foreign Agency Agreement

19.Finders Fee Agreement

Finders Fee Agreement is designed to set forth an agreement between two parties, whereas one (the “finder”) will receive a percentage of the proceeds from securing a record deal or other business capital.

20.General Partnership Agreement

21.Independent Contractor

Independent Contractor Agreement is used when an Independent Contractor agrees to perform services for a Company without being employed by the company and usually will be held responsible for their taxes .

22.Label Distribution Contract

Contractual agreement between a Record Label and Distributor in regard to issues including length of contract, manufacturing, returns, payments, copyrights, samples, indemnification, and expected obligations of both parties involved.

23.Letter of Direction

Letter Of Direction is used when one party to a contract wishes to notify the other party to a contract to direct payment to another person.  

24.Master License

Contract used when one record company want to use master recording owned by a different record company.

25.Mechanical Rights License

This Mechanical License is used when an artist or a record company on behalf of its recording artist wishes to record a song written by someone else. This license is used anytime someone wants to use a song that is owned by someone else ( See The Harry Fox Agency For More on this subject).

26.Merchandise Lic. Agreement

This agreement is used by a producer, artist, copyright owner or licensor to grant rights to create merchandise to sell.

29.Parental Consent

Parental Consent means that you will need to get permission from a parent if you are under a certain age, usually 18.

30.Partnership Agreement

Contract between two or more people to place their capital, labor, and skills in business with the understanding that there will be a sharing of the profits and losses between/among partners.

31.Photographer Agreement

Photographer Services Agreement is an independent contractor agreement whereby a contractor/photographer agrees to provide specified services to a private individual or business.

32.Producer Royalties

A producer’s job is to help create and deliver master sound recordings. A music producer’s agreement may be for a single song (master), or may cover an entire album. Producer Royalties (“points) can range from 2.5% to 3% of suggested list retail price (SLRP) of an album, depending on the producer’s reputation. New producer

can usually get from 1% to 2% of records sold. Producer’s royalty rate may also be increased at specified sales of the album for gold, platinum and diamond sales.

34.Production Agreement

A production agreement is copyright contact that a music producer signs with a music publishing company or record label.  

35.Publicity Agreement

Artist Publicity Contract is used by an Artist and Publicist when they enter into an agreement to work together. The contract defines the services provided by the Publicist, the obligations to create a buzz for the artist and terms on how to manage damage control.

37.Publisher Royalty Agreement

This agreement should outline payment of royalties between songwriter or music producer, things like

38.Publishing Agreement

A music publishing agreement is a copyright contact that a song writer or a music producer signs with a music publishing company.  

39.Record Company Contract

A Recording Agreement is used by an independent record company to enter into a contractual agreement with an individual, group or band for their exclusive services as a recording artist for that record label. These contracts may consist of several options.

40.Receipt For Master

All versions of a song produced has been deliver to the copyright owner mixes files etc.

41.Songwriters Royalty Agreement

Songwriters have the right to be paid for their work. If you write a song and it is recorded and released commercially, you have the right to be paid a songwriter royalty for every copy of the recording sold. If you are not being paid for recordings sold that contain your song you must take effective action to collect your songwriter’s royalties.

U.S. Copyright law says you have a right to be paid:
* for use of the song on a phonorecords, or in the form of digital distribution
*copies sold in sheet music
*public performance on radio and television
*performed in a film, television, radio, a commercial or any audio visual work

42.Sync License

Synchronization License is used by a film, video or television producer to contract with a songwriter or the songwriter’s publisher to use a song in a film, video, music video, television program, or television advertisement whereby the song is synchronized to the action on the screen. This license is obtained from the songwriter or songwriter’s publisher for use of the song and a master use license is obtained from the artist or artist’s record company for use of the recording of the song in the film, video, television program or advertisement.

43.Talent Release

Talent Release Form is used by a artist or band to grant  publishing rights of a pictures or likeness to a company for advertising and promotional purposes.  

44. Video Release

Video Release Form is used by a artist, band  or record label to grant  publishing rights of a pictures or likeness to a company for advertising and promotional purposes.  

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