Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
WITNESSETH
This is a demo in order to shop artist to other labels. The master demo can
be turn into a master should a record deal develop.
The Fees will be based on 3 or 4 songs and is only the production cost. The
producer in some cases waves the fee. It is mandatory to deposit
50% of the total due. When a producer calls the players for a
session, he is responsible to pay them. The deposit only shows
that the artist is in good faith and is not taking advantage of the
producer or his staff. The producer's job is to find material for
the artist, booking the studio, securing musicians for the session
that fits the artist style. The fees are paid for services rendered,
"work for hire" and non-refunded. The producer does not pay
for any production cost and does can not guarantee any success
due to the very nature of the music business.
Number 3 only takes place if the producer gets you signed to a label. If he
does not get you signed, CASE42 Creative Media may offer you a
single record deal not less than described in number 3 above.
The 16% of 100% of the retail selling price is subject to change
as the music industry changes.
The parties shall share equally in all advances and royalties received under
the Recording Contract, and under any alternate or substitute
agreement. The shares shall be payable only after recoupment of all
recording cost are paid to the artist, producer or investors as described
in paragraph 2, above of this agreement.
Artist agrees that producer will continue as Artist's Producer for the full term,
including any exercised options, of the Recording Contract, and of any
alternate or substituted agreements with respect to the Recording
Contract.
This section protects the producer. If the producer gets you signed he is
entitled to stay on as your producer unless a mutual agreement
is made between all parties at the signing.
In the event that Producer has not negotiated a Recording Contract within a
period of ONE (1) YEAR from the date hereof, Artist shall have the right
to terminate this contract by written notice by registered or certified
mail.
The parties agree that the term of this agreement shall extend for the full
term of the Recording Contract, as same may be extended through the
exercise of options, and such term as extended of any alternate or
substitute agreements. If an option is not exercised under any such
agreement, the term of this agreement shall be deemed extended for
an additional six (6) months for the purpose of obtaining an alternate
or substitute agreement.
In the event that the parties are unable to obtain a Recording Contract within
nine (9) months from the date of this agreement, Producer may
authorize the release, on a regional or national basis, of any master
demo produced under this agreement upon the minimum royalty and
the participation terms of Paragraphs 2 and 3 hereof.
Only pertains to you if you are the song writer of the material being
recorded. Because the producer has waved his producer fee or
has out of pocket expenses. He shall administer at least 50% of
the publishing rights of the song. This does not mean he will own
any part of the writers rights. The writer maintains 100% writer
and 50% Publishing. The Producer owns only 50% of the
Publishing. If material is obtained by the producer, the material is
owned by the publisher and the copyright owners of the material
which has granted the producer the right to use said material as
a master demo.
A notice sent by registered certified mail, to the party that has a dispute.
This puts the party on notice that he must respond and correct or
cure the misunderstanding.
Producer shall account and pay royalties to Artist semiannually within (60)
days after receipt from a record company pursuant to a Recording
Contract. Receipts contemplated under Paragraph 9 above shall also
be so accounted for.
Pertains to artist that the producer was able to secure a recording contract.
Artist shall have the right to audit the books and records of Producer, no
more than once annually, upon reasonable written notice with respect
to all matters hereunder; Audits shall be performed during business
hours at Producer's offices by certified public accountant.
Artist agrees that because his or her services are unique and extraordinary
and cannot be adequately compensated for in damages, Producer shall
be entitled to injunctive relief, in addition to damages, to enforce the
provisions of this agreement.
Producer may assign its rights under this agreement, in whole or in part, to
any subsidiary, affiliated or controlling corporation or to any other
assignee, provided that such assignment shall not relieve Producer of
its obligations under this agreement. Producer may also assign its
rights under this agreement to any of its licensees, in the ordinary
course of business, to the extent necessary or appropriate, in
Producer's sole discretion, to implement the license granted.
If the producer does not have the right to assign his rights, then it would be
hard for the producer to solicit an artist to a label. However the
person he assigns this to must honor this agreement.
Producer may act as "booking agent;" seeking out and contracting for public
engagements.
Producer will always seek top dollar for each engagement, but Artist agrees
herein that some engagements will be done without
compensation in order to raise the public profile of Artist.
This agreement may not be modified orally and shall not be binding until it is
signed by both Parties hereto.
If you have any question regarding this contract feel free to contact
Dave McClave or