Whether you have been using a contract for years or if it is brand new for you, it won't kill you to examine and perk up your music contracts. Ideally, you are going to want fair-minded music business contracts that are designed for precision rather than their negotiating strength on either side. The most important thing is you want to have everyone in on the deal on the same page. You want a fair contract so everyone is happy.
Although it is suitable and believe it or not legal to use a handshake or verbal agreement, it is extremely difficult to enforce in court. Trust is a huge factor in this type of agreement so unless you have a stellar reputation or you have true confidence in the people you are working, music contracts should not be agreed upon this way.
Money is usually one of the chief factors involved in recording contracts and music business contracts in general. If you are new to the world of music contracts then requesting your clients sign one may be nerve-racking at first but believe me, musicians and bands alike with totally admire your professionalism in doing so. Think about it, the worst thing that can happen is that they will deny the signature and you may have to revise the terms.
If you are looking for a brief overview of what is involved in your standard recording contracts or music business contracts then I will give some important concepts to consider.
1. Sometimes all you need is a date, agreed upon time and a simple signature from you and the other party involved.
2. Next, you may want to define what is involved with their overall performance. Basically, what is expected of the artist? Is there a minimum length of time they need to perform? How many breaks will be allowed? What is the environment of the performance?
3. It is crucial that the you and the artist have in writing agreed upon location of performance, the correct date and the time the band or artist needs to show up in music contracts.
4. Money, money, money! Isn't that what it all boils down to in the music industry? Will you have a set amount you will pay? What about a percentage of how many people pay at the door? Who will receive the payment? When will they receive the payment? How will they receive the payment? Will it be cash, check or paid in something such as free drinks or studio time?
5. When it comes to recording contracts, the artist must grant explicit permission. Involved in this may be recording, reproduction, transmission and photography of the artist. Is it ok for you to record the performance? Can you print promotional materials with their names included? These things are crucial to consider.
Our last article include some starter concepts to include in your contracts. Here are a few more to consider before getting anyone's John Hancock.
1. Will you have the right to sell the artist's merchandise on their premises? For the artist, this is usually their decision and at smaller venues, this should be a no-brainer. But, if you happen to be scheduling a performance at a larger venue, there may need to be some prior agreements made.
Some larger sites have specific rules for selling on their premises. For instance, they may want a percentage or they may have their own people sell these items.
2. OK, on to some more basics. In your music contracts you may have to include terms for meals, transportation and/or accommodations. This will often vary from performance to performance but it is something that must be defined. Will it be a corporate gig, a college show, a public venue or a private venue? Is the gig located out of town?
Things such as guest lists, number of guest passes and even dressing rooms have to be defined. Keep your artists informed and comfortable by defining this in their music contracts.
3. Who will produce the show and provide sound? You don't want to sound test and/or quality to be ruined by improper planning. Will the performer provide the sound and production aspect, will you or will the venue?
4. Good music business contracts cover the areas of permits, taxes and licenses that are involved in the performance and the venue. Remember, different place require a variety of these above mentioned items. Be informed and know what is required where.
5. Will you include a clause known as Acts of God? What are the terms if there is uncontrollable weather or if the artist gets sick? Sometimes one doesn't consider these common things but protect you and the party involved be defining these items in music contracts.
6. Royalties and licensing are huge in recording contracts. Make sure all your I's are dotted and your T's are crossed in this area. Suing is huge in the music industry so make sure all of the parties have the proper licensing and permission for all music performed and recorded.
7. Lastly, do you have any strict requirements for the artist or band? Remember, all gigs and venues are different. These requirements can vary from dress, to announcements to language or to eating. Either way, you need to clearly define what is expected from each artist in each venue.
This article and its predecessor clearly defines what needs to be included in all music business contracts. Your contracts will vary from person to person so make sure you revise each template you own for all your music contracts. Artists and venues vary and so will your recording contracts and music business contracts!
Ty Cohen has sinced written about articles on various topics from Keyboard Synthesizer, Mens Health and Marriage. Owner of Platinum Millennium publishing, former record label owner & national music industry seminar speaker/panelist. Author/creator of best-selling music biz books, courses, audio products & "How to" resources that helped 1000s. Go to. Ty Cohen's top article generates over 33100 views. to your Favourites.