From the course: Music Law: Recording, Management, Rights, and Performance Contracts
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Warranties and indemnity
From the course: Music Law: Recording, Management, Rights, and Performance Contracts
Warranties and indemnity
- 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…
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