Artist Recording Agreement for the United States

Artist Recording Agreement Template for United States

An Artist Recording Agreement is a legally binding contract between a record label and a musical artist or group, governed by U.S. federal and state laws, particularly copyright and entertainment law. This agreement establishes the terms under which the artist will create recordings for the label, including rights ownership, royalty payments, recording commitments, and distribution rights. It typically includes provisions for digital and physical distribution, marketing obligations, and may include additional rights such as merchandising or touring.

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What is a Artist Recording Agreement?

The Artist Recording Agreement serves as the foundational document in the relationship between recording artists and record labels in the United States. This contract type is essential when an artist agrees to create recordings exclusively for a label in exchange for financial support, marketing, and distribution services. The agreement typically covers multiple aspects including copyright ownership, advance payments, royalty structures, and recording obligations. It must comply with U.S. federal copyright law, state-specific entertainment regulations, and industry standards. The complexity of modern music distribution and revenue streams has made these agreements increasingly sophisticated, often including provisions for digital platforms, streaming services, and ancillary rights.

What sections should be included in a Artist Recording Agreement?

1. Parties: Identifies the record label and artist, including legal names and addresses

2. Background: Establishes context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Term: Duration of the agreement, including initial period and options

5. Recording Commitment: Details of recording obligations, minimum number of recordings, delivery requirements

6. Grant of Rights: Rights granted to the label, including copyright, distribution, and exploitation rights

7. Royalties: Payment terms, royalty rates, accounting periods, and audit rights

8. Recording Budget: Budget allocation for recordings and recoupment terms

9. Warranties and Representations: Artist's guarantees regarding rights, originality, and ability to contract

What sections are optional to include in a Artist Recording Agreement?

1. 360 Rights: Additional rights beyond recording (touring, merchandising, publishing) - include when label seeks broader rights in artist's career

2. Digital Distribution: Specific terms for digital platforms and streaming - include when digital distribution is separately negotiated

3. International Rights: Terms for international exploitation - include when agreement extends beyond domestic territory

4. Producer Attachment: Terms regarding producer selection and rights - include when specific producer arrangements are required

What schedules should be included in a Artist Recording Agreement?

1. Schedule A - Royalty Rates: Detailed breakdown of royalty rates for different formats and territories

2. Schedule B - Recording Budget: Detailed recording budget allocation and guidelines

3. Schedule C - Delivery Requirements: Technical specifications for recordings and artwork

4. Schedule D - Minimum Recording Commitment: Detailed requirements for each album/recording

5. Appendix 1 - Producer Agreement Template: Standard form producer agreement

6. Appendix 2 - Marketing Commitments: Specific marketing and promotion obligations

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Music Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Industries

Copyright Law: Primary laws include Copyright Act of 1976, Digital Millennium Copyright Act (DMCA), Music Modernization Act (MMA) of 2018, and Sound Recording Act. These govern the protection and exploitation of musical works and sound recordings.

Labor Laws: Including Fair Labor Standards Act (FLSA), state-specific labor laws, and child labor laws for minor artists. These regulate working conditions, compensation, and protections for artists.

Contract Law: State-specific contract laws, Statute of Frauds requirements, and contract termination provisions that govern the formation, execution, and enforcement of the recording agreement.

Intellectual Property Laws: Encompasses trademark laws for artist branding, right of publicity laws, and patent laws for merchandise. These protect the artist's brand and related intellectual property.

Entertainment Industry Regulations: Specific regulations including California Labor Code ������2855 (Seven-Year Rule) and state-specific entertainment industry regulations that govern artist contracts and industry practices.

Digital Distribution Laws: Including E-SIGN Act for electronic signatures, digital distribution rights, and streaming platform requirements that govern modern music distribution methods.

Union Requirements: Regulations from American Federation of Musicians (AFM) and SAG-AFTRA that establish minimum standards and protections for union members in the music industry.

Tax Laws: Internal Revenue Code provisions, state tax requirements, and international tax treaties that govern the taxation of income and royalties from musical works.

Privacy Laws: State privacy laws, federal privacy regulations, and GDPR (if operating in EU markets) that protect personal information and data privacy rights.

Competition Laws: Sherman Antitrust Act, Clayton Act, and state antitrust laws that prevent anti-competitive practices in the music industry and ensure fair market conditions.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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