Contract Drafting & Negotiation

from $37.99

The intellectual property and business laws dictate the rights of the parties. Using form contracts found on the Internet or that someone else has provided you can be detrimental to your rights if not properly reviewed and changed by an experienced entertainment attorney.  Courts and the law allow for parties to enter into a bad contract, and they will not void a contract just because it’s unreasonable towards one party. Therefore, it is vitally important that a properly written agreement be prepared that sets forth the terms between parties in the entertainment industry based on both industry standards and the laws. It is equally important to have the contracts negotiated by someone experienced in the entertainment industry that is familiar with the issues that need to be addressed.

 

Drafting

My experience of representing clients on both the company and artist side provide me with the experience to know the legal and industry issues that are important to include for both sides in a contract. Years of practicing litigation helps me understand which issues are important to address in a contract and the best ways to draft to clear and concise terms to avoid any confusion on the rights and responsibilities of both parties. Based on my years of drafting contracts, I have an extensive library of basic contracts. After providing you with a basic agreement, I only charge for the time to consult and make changes to the contract.

Negotiation

Negotiation takes skill and experience to ultimately reach an agreement between two parties. Because of my experience of representing both companies and artists, I know the issues that are important to both parties and can offer solutions to reach an agreement that otherwise would seem unattainable. I pride myself on "closing the deal" and believe that I am being hired to help two parties who already have decided to work together try to simply come to an agreement on the detailed terms of a written agreement.

Contracts:

The intellectual property and business laws dictate the rights of the parties. Using form contracts found on the Internet or that someone else has provided you can be detrimental to your rights if not properly reviewed and changed by an experienced entertainment attorney.  Courts and the law allow for parties to enter into a bad contract, and they will not void a contract just because it’s unreasonable towards one party. Therefore, it is vitally important that a properly written agreement be prepared that sets forth the terms between parties in the entertainment industry based on both industry standards and the laws. It is equally important to have the contracts negotiated by someone experienced in the entertainment industry that is familiar with the issues that need to be addressed.

 

Drafting

My experience of representing clients on both the company and artist side provide me with the experience to know the legal and industry issues that are important to include for both sides in a contract. Years of practicing litigation helps me understand which issues are important to address in a contract and the best ways to draft to clear and concise terms to avoid any confusion on the rights and responsibilities of both parties. Based on my years of drafting contracts, I have an extensive library of basic contracts. After providing you with a basic agreement, I only charge for the time to consult and make changes to the contract.

Negotiation

Negotiation takes skill and experience to ultimately reach an agreement between two parties. Because of my experience of representing both companies and artists, I know the issues that are important to both parties and can offer solutions to reach an agreement that otherwise would seem unattainable. I pride myself on "closing the deal" and believe that I am being hired to help two parties who already have decided to work together try to simply come to an agreement on the detailed terms of a written agreement.

  • Contract Package for Artist Managers: The contracts contained in this package are used by a personal manager to contract with artists to act as the artist's personal manager. The package also contains contracts that a personal manager might use to contract with other parties who will help the artist in the artist's career. All of the contracts in the package can be purchased individually on this site. However, purchasing the package provides you with the best value. A list of the contracts contained in the package are as follows:

    • Artist Management Agreement

    • Artist Management Agreement (With Master Rights)

    • Featured Artist Agreement #3 (Royalty/Song Rights)

    • Letter of Direction (To Record Company)

    • Live Performance Agreement (Simple)

    • Live Performance Side Artist Employment Agreement

    • Music Video Production Services Agreement

    • Parental Consent and Guarantee (Used with Minors)

    • Producer Artist Development Agreement Producer and Artist Production Agreement

    • Recording Contract Shopping Agreement

    • Release From Recording Agreement (Termination)

    • Side Artist Agreement (No Royalty/No Song Rights)

    • Song Plugger Agreement (Song Pitch Agreement)

    • Songwriter (Copyright) Split Sheet

  • The Artist Business Manager Agreement is used by a business manager when contracting with an artist. The business manager, typically different from the manager, is employed to collect and distribute the artist's money as well as advise the artist in money matters. A business manager is usually an accountant or C.P.A.

  • An Artist Management Agreement is used by a personal manager to contract with a recording and performing musical artist to set the terms for managing the artist's career. The manager receives a percentage of all the income generated by the artist for the management services provided.

  • The Artist Management Agreement (with Master Rights) is used by a personal artist manager to contract with a recording and performing musical artist to manage the artist's career. This contract also provides a manager with rights and higher profits on the sale of recordings released during the contract period (and before an artist signs a record deal) if the manager financially assists the artist in the production of the artist's recordings. 

  • The Demo Recording Shopping Agreement is a contract used by a representative that will shop or pitch a recording artist's demo recordings and promotional package to record labels with the intent of getting a record deal for the artist. 

  • This Letter of Direction is used when one party to a contract wishes to notify the other party to a contract to direct payment to another person. An example of this is when a recording artist who is to receive a sum of money under an agreement is required by contract with the artist's manager to have the record company pay a percentage of the recording fund or record royalties directly to the manager. The manager may require this be done so the manager can get paid directly and not wait for the money to go first to the artist and then to the manager. An attorney who represents an artist may also wish to get paid directly from the record company after providing legal services to the artist in negotiating the record agreement.

  • This Live Performance Agreement is used by a promoter or venue to contract with an artist that will perform live at a concert event the promoter or venue is producing. This is a simple contract used for small shows by local or regional artists.

  • The Music Video Production Services Agreement is a contract between a record label or an artist that is hiring a person to provide services in some aspect of the production of the video. This Agreement is written in such a manner that it can be used with anyone from the producer of the video, the director, videographer or one of the actors. 

  • The Parental Consent and Guarantee is a document that is used when a minor (under the age of 18) is being signed to a contract and the contracting party wants a parent or guardian to provide both a consent for the minor to enter into the contract and an agreement to be liable for the performance of the contract. The laws of each state are different when contracting with a minor. Most states allow a minor to terminate a contract early without liability for continued performance. Depending on the laws of a particular state, if a Parent or Guardian agrees to be liable for the performance under the contract, then this agreement is added to the contract to guarantee liability by an adult for the minor's early termination. This Parental Consent and Guarantee can be used with any contract on this site.  

  • A Producer and Artist Production Agreement is a contract between a producer and artist where the artist hires a record producer to produce one or more of the artist's recordings for release as an audio product for sale or exploitation. Other This agreement works whether the artist will own and release the recordings on its own or if the artist is signed to a record label. The producer is paid a fee as well as a royalty (based on a percentage of what the artist is paid) on the sale of each audio product containing the master recordings produced by the producer as well as a percentage of other exploitations including on-demand uses (i.e., Spotify) or non-interactive uses (i.e., Internet Radio) paid by SoundExchange.

  • The Producer Artist Development Agreement is used when an artist and a producer agree for the producer to provide services as a record producer for the artist on a speculative basis. The producer agrees to provide his or her services free of charge to produce master recordings that will be shopped to record labels to obtain a record deal. The producer will take a percentage of the artist's royalties if successful in obtaining the record deal. The artist also agrees to recommend the producer for the label project.

  • A Producer Management Agreement is an agreement used by a personal manager to contract with a music producer to set the terms for managing the producer's career. The manager will receive a percentage of all the income generated by the producer for the management services provided.

  • The Release Agreement is a contract used when a publisher and songwriter agree to release each other from the obligations under a contract previously signed by both parties. Basically, when a songwriter and publisher agree to no longer work together and either party needs documentation to demonstrate that it is no longer obligated under the agreement. It can also be used as a release after a breach of contract when a dispute has risen between the parties, and they are agreeing to settle the dispute and release each other from the agreement.

  • The Song Plugger Agreement is used by a person who will shop a songwriter's songs to record labels, publishing companies, producers and artists or other third-party users of songs for the songwriter. The representative will receive a percentage of the songwriter's publishing royalties for the efforts if someone records or licenses the songwriter's songs.

  • The Songwriter (Copyright) Split Sheet is a simple contract used when a two or more songwriters co-write a song and the songwriters want to acknowledge the co-ownership and list the percentages of ownership. If more extensive agreements are needed regarding a song, then we recommend the Single Song Collaboration Agreement.