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Advice re record contract

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  • Advice re record contract

    Hi,

    I would be grateful if someone could look at the contract below and clarify the following for me please under ARTICLE 3. Does this contract relate to just the SONG NAME. For example am I free to promote my other songs to other record labels and playlists using my Artist Name. Or is this an exclusive contract which means I cannot work with any other record label? Thank you.
    Artist Management Contract


    The agreement enters into force on the day 02-08-2022 hereinafter,

    the "record label" GOTTA RCRDS with address in Mexico, MID, and the "Artist". Artist information

    1. Full name:



    2. Artist Name:



    3. Address:

    Song information

    1. Song name: Home

    2. Song genre: Dance/EDM

    3. Version: Original Mix

    The “record label” and the "artist" may be individually referred to as "Party" and collectively "Parties".

    Consideration:

    Please note the following items marked in this contract which are:

    1. Duration

    2. Production agreement

    3. No change

    4. License

    5. Distribution

    6. Cancellation

    7. Royalties

    8. Release

    9. Rights

    10. Legal actions


    ARTICLE 1 – DURATION

    This agreement enters into force between the "artist" and the “record label”

    from the first day of the song's release and will be valid for ten (10) years from the date of signing of this agreement.

    Please note: this agreement will automatically renew after the effective date.

    ARTICLE 2 – PRODUCTION AGREEMENT

    During the agreement of this contract, the "artist" accepts the distribution and exploitation of the song listed in this agreement.

    Music recordings produced by the "artist" are subject to approval or rejection by the “record label”.

    The "artist" accepts that these recordings are original and do not contain third party files such as (free samples, acapellas, etc.) with copyright.

    If the song contains (free samples, acapellas, etc.) You must submit the license for commercial use.

    You can use third party files as long as you have the official license to use them.

    ARTICLE 3 – NO CHANGE

    During the agreement of this contract, the "artist" agrees not to perform under any other artistic name within the "record label", nor to use the services of this “record label” outside of it.

    ARTICLE 4 – LICENSE

    The "artist" grants the "record label" a perpetual license to use his artist name, biographical information and audio files for the commercialization and exploitation of this song in order to work on marketing and distribution strategies.


    ARTICLE 5 – DISTRIBUTION

    By signing this contract, the "artist" accepts the distribution of his song and the

    collection of rights related to it in more than 120 different digital stores (including

    radio and television) where GOTTA RCRDS can distribute.

    ARTICLE 6 – CANCELLATION

    If the "record label" or "artist" cancels the contract, your track will be vulnerable to any kind of plagiarism or copyright infringement. We are not responsible for your songs after the contract has been canceled.

    This song will be released under the GOTTA RCRDS license.

    ARTICLE 7 – ROYALTIES

    The "record label" will pay the "artist" 80% of the base earnings, to collect their royalties the "artist" must generate a minimum of: $50.00 USD.

    The "record label" agrees to pay royalties to the "artist", as long as it covers the amount indicated above.

    Note: Royalties will be reflected with us after three (3) months from the song available release date.

    ARTICLE 8 – RELEASE

    The song will be released after its release is accepted and a release date will be sent to you during the wait until the release date (we will work on marketing strategies). If you, as an "artist", decide to create marketing on your own, you can easily do so.


    ARTICLE 9 – RIGHTS

    The "artist" when signing this contract will have full rights to his song, but must comply with all the terms established in the contract. The "artist" will be responsible for the costs incurred in connection with a violation of the terms set forth in this contract.

    In the event that the "artist" breaches any term of the contract, the "record label" may cancel his contract, losing all possibility of working together.

    ARTICLE 10 – LEGAL ACTIONS

    By signing and submitting the contract, the "artist" acknowledges and agrees that in the event of a breach of the terms of this contract, the "record label" will suffer irreparable damages and monetary damages. In the event of a breach of this agreement in any way, the "record label" will have the right to seek injunctive relief along with monetary damages, as well as to seek reasonable costs, including attorneys' fees, incurred to enforce this agreement.







    In FAITH and LEGALITY, I accept the terms of this contract.



    Full name:


    Signature:

    Record Label: GOTTA RCRDS
    Tags: None

  • #2
    You really need to seek professional advice on contracts like this. Your long term commitment needs to be fully understood and the fact that the 10 year contract automatically continues is something that needs careful consideration. Thee are professional organisations that may be able to help such as https://musiciansunion.org.uk/legal-advice-and-services

    Comment

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