Join Richard Stim for an in-depth discussion in this video Boilerplate, part of Music Law: Recording, Management, Rights, and Performance Contracts.
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- Most music contracts, no matter what the subject matter,…include a collection of miscellaneous clauses,…sometimes referred to as boilerplate.…You may find them at the end of a music contract…under a title such as miscellaneous, general, or standard.…Here's a short summary of common boilerplate provisions.…Some boilerplate, such as attorney's fees,…arbitration and mediation are discussed in a separate video.…Choice of law.…
This is a boilerplate provision that determines…which state's legal rules will be applied in any disputes.…Jurisdiction.…In the event of a dispute, the jurisdiction clause…determines where, in which state and county,…the lawsuit must be filed.…If there is no jurisdiction provision,…the parties choose the location.…Waiver.…This clause lets one party excuse another…for violating the agreement without giving up…the right to sue for future claims…regarding other similar violations.…
For example, if a record company is late with a payment,…and the musician doesn't complain,…the musician has not waived the right…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration