Join Richard Stim for an in-depth discussion in this video Musician releases, part of Music Law: Recording Management Rights and Performance Contracts.
- While in the studio,…an artist may hire another musician,…say, a session musician to record on a track.…Copyright law requires that the artist…obtain written permission…to use the session musician's performance…on the recording.…For that reason,…all major labels and most independents…require a written agreement.…If a session musician…is under an exclusive recording agreement…with a record company,…they may need to seek permission…in order to perform on outside recordings.…
If so, there may be a special credit required…in the album information.…For example,…"Lindsay Maxwell appears courtesy of NBT Records."…If a session musician is a member…of the American Federation of Musicians Union,…then they must be paid according to union rates.…The session musician will furnish…the recording artist with the AFM forms…for each recording session.…Recordings made for a major label…usually must use union musicians.…
A musician release typically contains…an introductory section with the name of the parties,…a listing of the songs…
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