Join Richard Stim for an in-depth discussion in this video Warranties and indemnity, part of Music Law: Recording Management Rights and Performance Contracts.
- Most record deals include both…a warranty and an indemnity provision.…A warranty is a contractual promise.…Basically, the artist is warranting that…he or she is the copyright holder…and can deliver a lawsuit free recording.…In other words warranties place the burden on the artist…to be sure that the work doesn't infringe,…and that clearances and permissions have been granted…from graphic artists, performers, producers,…and anyone else who contributed something creative.…
It is in the artist's best interest…to read and understand each warranty, and to feel confident…or as confident as possible that the promise can be made.…One type of warranty that may pose a problem…for some artists has to do with samples:…digital snip its of recorded sound,…lifted from someone else's recording.…The sampling warranty always requires clearance,…and often requires that the artist list every sample used.…I discuss sampling in a separate segment.…
The companion to a warranty provision…is an indemnity provision, also known…as a hold harmless clause.…
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