Join Richard Stim for an in-depth discussion in this video One-offs, part of Music Law: Recording Management Rights and Performance Contracts.
- What about a recording agreement for a single recording,…sometimes called a one-off?…For example, a company simply wants to sell…a vinyl-only, re-release of an artist's existing recording.…Such agreements are simple, often just a few pages,…and they usually don't include provisions…about options, co-publishing, leaving members,…or many of the common deductions or royalty calculations…discussed in multi-album deals.…They will, however, likely include a warranty provision…and perhaps an indemnity as well.…
I discussed those in the previous segment.…Note that an artist may have more bargaining power…in making an agreement for one recording…than for signing a multi-album deal.…An artist entering into a one-off agreement,…in which the label is not paid to make the recording,…should always seek a license, not an assignment.…If you're unsure of the difference,…check our earlier segment on the grant.…The license should be limited to a number of years,…possibly two to five, and rights to the recording…should revert back to the artist after that.…
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