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HAIL Tip Sheet 16: Sample Clauses - Recording
Recording Deals

Here are some sample clauses that you can compare against the checklist. THEY DO NOT REPRESENT IN ANY WAY A TYPICAL DEAL - NO TWO DEALS ARE THE SAME AND DEPEND ON A WIDE VARIETY OF FACTORS.

This exercise is merely to show you the various types of clauses that your lawyer will look out for when negotiating your deal.

Checklist item

Sample clause that you might find in an agreement

Seek independent professional legal advice

This document contains an important agreement which is likely to affect your career on a long term basis. Before signing it, you should take independent legal advice from a lawyer experienced and familiar in recording agreements, so that you understand its contents and are certain that you wish to be bound by it.
 

Duration or Term of the Deal

Recording contracts are often made up of an initial period, usually one year or one album, followed up with a number of options for further years/albums. Options give the company 'first refusal' on further product.

First Contract Period of one (1) year or, if later, until one hundred and eighty (180) days after release of the First LP solely comprising Masters delivered to fulfil the Minimum Commitment for such First Contract Period with Company having one (1)irrevocable consecutive option to extend the Term for up to one (1) further Contract Period (Second Contract Period) (if applicable). The Option available to Company shall be exercisable in writing by it at any time before the end of the First  Contract Period and  the Second  Contract Period shall last one (1) year or, if later, until one hundred and eighty (180) days after release of the Second LP solely comprising Masters delivered to fulfil the Minimum Commitment for such  Contract Period.
 

Minimum Commitment

Check what your minimum commitment to the record company is. (For example, how many recordings you have to 'make for release' per year).

Artist shall deliver to Company the following Masters during each of the First and Second  Contract Periods  (Minimum Commitment) together with all other Masters recorded by him during the Term:-

(a) First Contract Period: Masters sufficient to comprise one LP (as hereinafter defined) ('First LP');

(b) Second Contract Period: Masters sufficient to comprise one LP ('Second LP');
  

Check what your advances and other recoupable costs are.

Recoupable Advances
(which include recording costs):

First Single: pounds (£      );

Second Single: pounds (£      );

Third Single: pounds (£      )

Any sample clearance costs, fees, advances or royalties paid by Rec Co shall constitute a further recoupable advance. 

The advances provided for shall be fully inclusive of any recording or related costs you incur in respect of all Masters to be embodied on a Single and deliverable by you ('Single Masters') including any payments due to musicians, vocalists, studios, engineers or other personnel who assist the Artist.
 

Royalties

Check your percentage royalties on sales.

Are you getting paid against 100% of sales or less?

Royalties shall be calculated on dealer price ('ppd') less VAT or other sales tax and Packaging Deductions and are subject to the Rec Co standard terms and conditions.

Rate are on Sales by Rec Co: 16% for Singles; 18% for LPs (if relevant pro rata the number of Masters on such LP).
 

Check which territories you have signed for.
 

The World and the Universe.

Release commitment

Check that the record company actually has a commitment to release your recordings.
 

Rec Co shall release each Single in the United Kingdom within 120 days of final delivery of Masters and artwork to comprise each one, subject to a 60 day cure period if we fail so to do.



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