Artists’ contract between Charlie and Infinite Beats Music
This contract is basically a contract that binds a legal agreement between the artist and the record label. The above situation has stated that Charlie will be signing with Infinite Beats Music as his A;R manager, Yani, discovered Charlie and saw the potential in him.
The purpose of this contract is to make full use of the artist’s work and performance so that the record label will receive royalty payments in return. Exploitation is normally achieved through physical sales, such as CDs, vinyl and cassettes, and digital such as posting the songs on digital platforms such as Spotify and iTunes.
The terms that should be included in this contract is “Exclusivity”. This means that the recording contract will usually require the artist sign to the label exclusively. It means that the artist cannot sign to another record label without permission. The term “Territory” is also included in the contract is because some major companies will sign the artist to a worldwide deal. Next, “Term” is related to the duration of the contract that is calculated by reference to an initial fixed period. The contract should also include the “Rights Granted” as the artist will grant the ownership of the songs for 50 years from the date of release. Besides, the artist should secure a positive “Release Commitment” from the record label. The “Key-man Provision” term should be included just in case if the A&R manager or music director leaves the label, the artist will be allowed to leave the label and sign with a new label. The artists are paid royalties based on the record sales of the songs. The artist will normally earn somewhere in between 14 and 18 percent of the record’s dealer price. The artist will have to undertake some domestic and international promotional work in order to raise the profile of a release to earn royalties in return. The artist will also have to promise the label that they will always be in their best performance and always do their best. The record label will also ask for another protection known as a re-record restriction, which prevents the artists from re-recording their music on another label for a certain amount of years following the expiry of the contract.
Publishing contract between Charlie and Vista Music Publishing
A publishing contract is a legal contract between the music publisher and the artist. It is important for music authors, music producers and music publishers to understand legal rights associated with publishing contracts. The purpose of this publishing contract is to ensure that the rights of their songs are protected and also claim royalties when their music is played to the public. The publishing company plays the role of utilising the song in order to be paid in return through royalties.
There are 7 different types of basic music publishing contracts. For the Single Song Agreement, this type of contract is an agreement between the songwriter and the publisher in which the writer grants certain rights to a publisher for one or more songs. The writers that sign this contract will normally be paid a one-time recoupable advance. Next, for the Exclusive Songwriter Agreement, also known as ESWA or “staff writer” contract, the songwriter will normally grant all of the publishers share of the income to the music publisher. The songwriter’s services will only be exclusive to the music publishers for a specified period of time. This agreement is usually offered to artists who have great potential. The Co-Publishing Agreement (“Co-Pub”) is a deal that is probably one of the most common contract. In this deal, both the songwriter and the music publisher are “co-owners” of the copyrights in the music compositions. The songwriter becomes the “co-publisher” with the music publisher based on an agreed split of the royalties. In a typical “75/25 co-pub deal,” the writer gets 100% of the song writer’s share, and 50% of the publisher’s share, or 75% of the entire copyrights, with the remaining 25% going to the publisher. The Administration Agreement is an agreement that takes place between a songwriter or a publisher and another music publisher. In this agreement, the songwriter self publishes and licenses the song to the music publisher for a term of years and for an agreed royalty split. The ownership of this copyright is usually not transferred to the administrator. Instead, the music publisher gets 10-20% of the gross royalties received from administering and exploiting the songs for a certain period of time and for a certain territory. The Collection Agreement is like an administrative publishing contract where the songwriter retains the copyrights, but in this agreement the manager does not help the songwriter to promote the songs to the public. The Sub-publishing Agreement is a music publishing contract that allows the music publisher to allow the sub-publisher to act on its behalf in certain foreign territories. Last but not least, the Purchase Agreement is a publishing contract that a music publisher acquires in whole or in part the catalogue of another music publisher. When it comes to Termination, both parties should anticipate worst case scenarios that will give both parties the right to terminate the contract. Worst comes to worst, if the record company goes into liquidation, the artist should be able to terminate the agreement and get the rights of their recordings back, The record label is still responsible for paying all the song’s royalties to the artist, even after termination.
In the case that is stated above, Charlie has signed a publishing contract with Vista Music Publishing, which means that Charlie is the promisor and Vista Music Publishing is the Promisee. Vista is required to help and utilise Charlie’s work while Charlie is required to write songs for Vista.
Management contract between Charlie and Alan
Some people may ask that why is it necessary to enter into a contract in the first place. Based on some research, it is true that some artists do not have a written agreement with their managers and everything is done with a handshake full of trust. It is cheaper to get a lawyer to assist you throughout the process of the negotiation of the agreement upfront rather than hire one to fight a lawsuit for you in court when damage has been done.
The important terms that should be included in the contract are Exclusivity, Term, Services, Expenses, Compensation and Authority. The reason for including the term “Exclusivity” is to ensure that the manager will be exclusive to the artist. This means that the artist may not hire someone else to act with the same authority to provide the same services as the manager. The “Term” sets forth how long the contractual relationship will last. The number of years or options that the manager and artist agree upon will be affected by the manager’s experience and the artist’s prior success. Besides, the term “Service” will range from a simple statement to a specific list of duties and responsibilities. The term “Expenses” is also included in the contract is because money is one of the most argued issues in all relationships and it is totally not a surprise that it affects the artist and the manager’s relationship. Therefore, a written agreement stating this issue can help to get both parties have the same idea in the beginning before signing the contract to reduce problems later in when an artist’s career in going on well. Moving on, the term “Compensation” is also included is because the artist’s success cannot be determined and it’s usually not practical for an artist to pay their manager salary, this is because the manager is paid based on the artist’s monthly success. “Authority” is another important and highly negotiated set of terms in the contract relate to the authority this manager will have to do things on behalf of the artist.
Since Charlie is the artist and the promisee in this agreement, he is responsible to take care of his self image while his manager, Alan has the responsibility to take care of Charlie’s professional artist life.
Performance contract between Alan (on behalf of Charlie) and Purple Haze
The performance contract that is discussed and agreed by Charlie’s manager, Alan, on behalf of Charlie, and the concert promoter, Purple Haze, which is introduced by Yani. Performance contracts are commonly called as “Booking Agreement” or “Engagement Contract”. The purpose of this contract is to prevent any miscommunication between both parties.
The term that should be included in the contract is location, date and time. This is to avoid any miscommunication so that the performers will not show up at the wrong day or at the wrong venue. Also, the length of the performance can also be discussed in the contract. Next, recording, reproduction, transmission, photography also can be discussed in the contract. The concert promoter can hire a specific team of professional photographers and videographers to take pictures during the event in order to promote the artist to the public. The right to sell merchandises on premises lets the concert promoter to set up booths to sell merchandises or goods at the performance venue. The meals, transportation and lodging depends on the performance or gig type, the guest lists, passes, dressing rooms, and other hospitalities may vary depending on the size of the event. Then, the specific requirements or restrictions for performers also has to be discussed as it is important for the image of both the artist and the concert promoter. Depending on the gig, there may be some requirements for the artist such as giving thanks to the sponsor, announcing the performers, attire or language at the gig. The insurance and security are also important to prevent any damage or theft of any equipment during the show. The compensation should be stated clean and clear in the contract. It has to be stated in the contract clearly as to payment method and specifically who receives it. For an example, the contract has to state that whether the deposit goes to the agent or is it based on the percentage of door sales. Both parties should have the right to have full access to the box office records or gross receipts. For sound and production, it should be clarified who or which company will be in charge of the sound. This is because the performance might be ruined by improper sound production. Last but not least, the cancellation of any shows should also be stated in the contract. The contract should state the grace period of cancellation to avoid any penalties for both parties.
As this contract is signed by the manager, Alan, on behalf of Charlie, with Purple Haze. Purple Haze has the responsibility to handle all the rights stated in the contract such as from licensing rights to making sure Charlie is at the right performance venue at the right day and time.