Tuesday, February 9, 2010

More on Producer Agreement

As promised, here is a bit more of an actual Producer Agreement. Please keep in mind that this example of a Producer Agreement is for a situation in which the Producer has made a verbal contract first with the artist in principal, and the written contract is to professionally reflect the oral agreement.

Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by Artist and Producer. Recording sessions for the Master will be conducted by Artist at Artist’s sole cost and expense. Artist shall pay all Recording Costs (“Costs”) of the Masters recorded hereunder as and when due. Producer shall deliver to Artist upon completion, a final two-track equalized tape copy, CDR or digital audio tape (DAT)) commercially satisfactory to Artist for use on a record (“Record”). Each Master shall embody the performance by Artist of a single musical composition designated by the Artist, and shall be subject to Producers final approval as to selection of Artist, technical satisfaction for the manufacture, broadcast and sale of phono records.

(a) In consideration for Producer's services hereunder, Artist agrees to pay Producer a minimum of One Thousand Dollars ($1000.00) as recording fee per song or track to be created, produced and recorded by Producer hereunder, Half of which, Five-Hundred Dollars (500.00), to be paid before execution hereof and the remaining Five-Hundred Dollars (500.00) to be paid to Producer at the time of completion of project, OR, the full amount to be paid before execution hereof, whichever method the Artist chooses.

(b) In addition to the fee set forth in paragraph 3a. above, Producer shall also receive an amount equal to Three percent (3%) of the Suggested Retail List Price (SRLP) of any Record in which the Master(s) is/are embodied on divided by a fraction, the numerator of which shall be the number of Masters produced by Producer appearing on any Record embodying the Masters and the denominator of which shall be the total the number of all royalty bearing masters appearing on the Record.

(i) Notwithstanding the foregoing, Producer's royalties payable hereunder shall be calculated in the same manner as Artist's royalties are calculated under Artist’s recording agreement (“Recording Agreement”) with Artist’s record Artist (“Record Artist”) with respect to the Master(s) recorded hereunder and released by Record Artist. Producer’s royalties shall be subject to the same reductions, deductions, exclusions and category variations as is Artist’s royalties under Artist's Recording Agreement with Record Artist; and shall be paid at the same time as Artist is paid by Record Artist pursuant to the Recording Agreement. Producer shall not be paid any monies in respect of any exploitation of the Master for which Artist is not paid royalties, accordingly, no royalties shall be payable to Producer hereunder unless and until all Advances under this Agreement or Artist’s Recording Agreement or third party recording or distribution agreement, shall have been recouped. As used herein, the term "Advances" shall refer to the following sums but only to the extent such sums are recoupable by me or a royalty paying third party: (a) all recording and mastering costs incurred with respect to the Master, (b) all costs incurred with respect to production of the audio-visual recordings with respect to the master, (c) all artwork costs associated with the Master; (d) all costs for so-called tour support and (e) payments to Producer, and (f) any other costs incurred under this Agreement for recording and manufacturing, promoting, creating and selling the Master.

(d) Whenever the Master(s) produced hereunder are coupled with other master recordings on phonograph records or other devices, Producer's royalty rate under this Agreement shall be computed by multiplying our otherwise applicable royalty rate by a fraction, the numerator of which is the sum of selections contained on the Master(s) and a denominator of which is the total number of master including the Master(s) embodied in the record or other device.

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