How to Read a Recording Contract with These Helpful Tips
contract

How to Read a Recording Contract with These Helpful Tips

Reading a recording contract shouldn’t be done alone. It should be looked at not only by yourself, but your management team as well. Take a look at our tips on how to properly read a contract to keep yourself from getting a raw end of the deal.

You might have been able to guess it, but it’s much more likely that a musician will win big playing roulette than that get signed to a label.

However, miracles do happen, and if you’re staring at a record contract, you might be eager to sign, feeling that you’ve made it. However, along with a lawyer and your management team, you should take a long hard look at any recording contract before you sign it.

Here are 6 things to think about before you put pen to paper.

1. Who Owns The Masters?

When you’re looking at your recording contract, pay attention to who ends up owning your master recordings at the end of everything. If you’re forced to give up your masters, you’re getting a raw deal. You should be able to keep the master recordings so that you can do what you want with them in the future.

Owning the masters of your recordings allows you to control the future of your tracks. If you lose control of the masters, someone else could remix your song while the owner makes money off of it.

They could also do whatever they want with the albums that you’ve put together. If they dislike the order of your tracks, they can rearrange them. If they’re going to remaster the songs without any of your backup vocals, they would be able to do that.
 

2. Publishing Is Everything

If you won the rights to lyrics and the composition of a song, you could make money anytime anyone plays it or if anyone uses a sample of it. If you hear a song strikingly similar to a song you own the publishing rights to, you can get a portion of the profits that another performer is making.

This is the reason why Michale Jackson famously bought the rights to the Beatles catalog in the 1980s.

You can get constant royalties for publishing. When a song is included in a movie or on TV, you’ll get some small percentage. You even get money when the song is played on the radio.

And of course, you’ll get the opportunity to sell the songs to commercials if you own publishing rights. This is one of the reasons that publishing is so coveted. If someone else owns the publishing rights to your song and you play it in a concert, you’ll have to pay them for the right to do it.

You need your contract to keep the publishing rights in your hands or the hands of your estate if something happens to you.
 

3. See What Fees Are Covered

There are bound to be fees that are incurred as an artist and performer on a label. Before you have the money to pay for everything yourself, your label will be footing the bill for a lot of your set up costs.

In a startup, this would be considered venture capital, an initial investment to be repaid by future success. Record contracts can work the same way. However, you could get substantially less in your contract if you demand an advance up front.

See that you’re not paying for the fees that your label or your manager should be taking care of. While it’s reasonable to be paying them for some small percentage, you shouldn’t be responsible for keeping the lights on.

Just because you’re hot at the moment, doesn’t mean you will be forever and if you’re under pressure to provide for the label, you might not perform well.
 

4. Don’t Be Fooled By An Advance

As stated above, sometimes an advance can be more trouble than it’s worth. You could be responsible for repaying the advance before you receive anything from your label. During that period, they could be charging you interest for the advance that they made seem like a gift.

If you don’t need your advance, work without one. That will leave you able to work independently and make the decisions you want. After you’ve paid for a product that you know you can stand behind, you can demand the price you want, knowing what you’re worth.

If you’re sitting on hits, don’t just hand them over.
 

5. Make Sure The Label is Working

The purpose of being signed to a label is to have someone who has connections working for you. Even though you know all the artists you need to know, you don’t know the people who print the best liner notes and the people who distribute to major shops.

Your label should be working for you on distribution and promotion. If there’s a big budget for that in your contract, especially if it’s coming out of your portion, they should be able to show you real results.

Don’t pay for your distribution and promotion. That should be your label’s job.
 

6. Do You Get Multiple Records?

Usually, record labels will try to sign you for more albums at a lower price that you might be able to make per single album. If you have a proven track record and only expect to grow over time, you could ask for a higher price or sign a one-album deal.

Otherwise, you might be tempted by the multiple-album deal because of the money it offers.

It’s not a bad idea to sign on for a multiple-album deal if you get along with your label. It’s rare these days to find a label who will help an artist grow and thrive. However, if you feel like your label is prepared to do that, you should stick around for as long as that will last.

You’ll come out the other end a better musician.
 

A Recording Contract is a Blessing and a Curse

Having a recording contract offers you untold security as an artist. You’ll be able to sleep at night knowing that you’ve got a paycheck coming in. However, if you want to jump on your friend’s track for fun, you might have some roadblocks ahead of you.

Musicians are building massive followings on social media, so make sure you know how to present yourself by checking out our guide.


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License Terms

Unlimited License Agreement

This Unlimited License Agreement (the “Agreement”) is entered into on [Purchase Date] between Thomas Hodek, professionally known as Tellingbeatzz (“Licensor”) and [Customer Full Name] (“Licensee”).
The Licensee has purchased an MP3 Unlimited License for the instrumental titled “[Beat Title]” (“Beat”) for a license fee of [Purchase Price] under Order #[Order Number].
Upon successful payment, this Agreement becomes effective immediately and is delivered electronically together with the licensed Beat files.

1. Grant of License

The Licensor grants the Licensee a non-exclusive, worldwide, non-transferable and perpetual license to use the Beat to create and commercially exploit one or more new songs incorporating the Beat (“New Song”).
The Licensee may add vocals, lyrics, melodies, instrumentation, arrangements and other original contributions to the Beat.
The Beat itself remains the intellectual property of the Licensor and is not sold or transferred to the Licensee.

2. Unlimited Commercial Use

The Licensee may commercially release and use the New Song without limits on:
  • digital or physical distribution
  • sales
  • audio streams
  • monetized video streams
  • music videos
  • live or paid performances
  • radio and online broadcasts
  • social media content
  • albums, EPs, mixtapes and singles
There are no limits on streams, sales, downloads, views or performances generated by the New Song.

3. Master Recording and Revenue

The Licensee may create and commercially exploit a new master recording incorporating the Beat (“Master Recording”).
The Licensee retains the revenue generated directly from exploitation of the Master Recording, including streaming, digital distribution and physical sales, subject to any publishing, mechanical, performance or other composition-based royalties attributable to the Licensor’s share of the underlying composition.
The Licensor does not acquire ownership of the Licensee’s original lyrics, vocals or other independently created contributions.

4. Ownership

The Licensor retains all rights, title and interest in the original Beat, including the applicable copyright interests in the musical composition and sound recording.
This Agreement does not transfer ownership or copyright in the Beat to the Licensee.
The Licensee may protect or register their own original contributions to the New Song but may not claim sole ownership or authorship of the underlying Beat.

5. Publishing and Songwriting

For each New Song created under this Agreement, the underlying composition shall be divided as follows:
Licensee: 50%
Licensor: 50%
The Licensee agrees to properly identify the Licensor’s share when registering the New Song with a Performing Rights Organization, publisher, publishing administrator or other rights-management organization.
Licensor PRO Information:
Writer / Composer: Thomas Hodek
Producer Name: Tellingbeatzz
PRO: GEMA (Germany)
IPI / CAE: 716014087
Publishing Administrator: BeatStars Publishing Worldwide

6. Credit

Where credits are customarily provided, the Licensee agrees to credit the Producer as:
Produced by Tellingbeatzz
or
Beat by Tellingbeatzz
If additional featured-vocalist or hook credits are supplied with the Beat, those credits must also be included where reasonably applicable.

7. Content ID

Because the Beat may be licensed non-exclusively to multiple artists, the Licensee may not register the Beat or any New Song containing the Beat with YouTube Content ID or any similar automated copyright-claiming or fingerprinting system without prior written permission from the Licensor.
The Licensor reserves the right to register and administer the Beat through Content ID or similar systems.
If the Licensee receives a claim relating to a valid licensed use, proof of purchase may be submitted for review and release where appropriate.

8. Synchronization

The Licensee may synchronize the New Song with:
  • music videos
  • YouTube videos
  • social media content
  • podcasts
  • online promotional content
  • independent films and video projects
Major third-party commercial synchronization uses, including national advertising campaigns, television productions, feature films, major video games or comparable commercial projects, require prior written approval from the Licensor.

9. Prohibited Uses

The Licensee may not:
  1. resell, redistribute or sublicense the Beat in its original or substantially similar instrumental form;
  2. upload or distribute the Beat as a standalone instrumental under the Licensee’s name;
  3. include the Beat in beat packs, sample packs, loop libraries, sound libraries or production libraries;
  4. claim authorship or ownership of the original Beat;
  5. register the Beat or New Song with Content ID without permission;
  6. transfer this License to another person or entity without written consent;
  7. share the Beat files with third parties except persons directly involved in producing, recording, mixing, mastering or distributing the New Song.

10. Files Included

The files delivered depend on the license purchased:
MP3 Unlimited: MP3
WAV Unlimited: MP3 + WAV
Trackout Unlimited: MP3 + WAV + available tracked-out stems
The file format supplied does not change the commercial usage rights granted under this Agreement.

11. Non-Exclusive License

This is a non-exclusive license.
The Licensor may continue licensing or selling the same Beat to other customers.
The Licensee acknowledges that other artists may legally release different songs using the same Beat.

12. Future Exclusive Sale

If exclusive rights to the Beat are sold after this Agreement has taken effect, this License remains valid.
The Licensee may continue using, distributing and monetizing the New Song according to the terms of this Agreement.

13. Samples and Third-Party Material

Where the Beat contains third-party material requiring clearance, the Licensee is responsible for obtaining any additional clearance required for the Licensee’s intended use unless otherwise agreed in writing.
The Licensor will disclose known third-party clearance requirements where reasonably possible.

14. Term

This License is valid in perpetuity, provided the Licensee complies with this Agreement.
No renewal payment is required.

15. Breach

If the Licensee materially breaches this Agreement, the Licensor may provide written notice and, where the breach can reasonably be corrected, allow 30 days to cure the violation.
If the breach is not corrected within that period, the Licensor may terminate the License and pursue available remedies.

16. Governing Law

This Agreement is governed by the laws of the Federal Republic of Germany, without prejudice to mandatory consumer protection laws applicable to the Licensee.

17. Entire Agreement

This Agreement, together with the applicable WooCommerce order confirmation, constitutes the complete agreement between the Licensor and Licensee regarding the licensed Beat.
If any provision is found invalid or unenforceable, the remaining provisions remain effective.

WAV Unlimited (+6 FREE)

WAV, MP3
License Terms

Unlimited License Agreement

This Unlimited License Agreement (the “Agreement”) is entered into on [Purchase Date] between Thomas Hodek, professionally known as Tellingbeatzz (“Licensor”) and [Customer Full Name] (“Licensee”).
The Licensee has purchased an WAV Unlimited License for the instrumental titled “[Beat Title]” (“Beat”) for a license fee of [Purchase Price] under Order #[Order Number].
Upon successful payment, this Agreement becomes effective immediately and is delivered electronically together with the licensed Beat files.

1. Grant of License

The Licensor grants the Licensee a non-exclusive, worldwide, non-transferable and perpetual license to use the Beat to create and commercially exploit one or more new songs incorporating the Beat (“New Song”).
The Licensee may add vocals, lyrics, melodies, instrumentation, arrangements and other original contributions to the Beat.
The Beat itself remains the intellectual property of the Licensor and is not sold or transferred to the Licensee.

2. Unlimited Commercial Use

The Licensee may commercially release and use the New Song without limits on:
  • digital or physical distribution
  • sales
  • audio streams
  • monetized video streams
  • music videos
  • live or paid performances
  • radio and online broadcasts
  • social media content
  • albums, EPs, mixtapes and singles
There are no limits on streams, sales, downloads, views or performances generated by the New Song.

3. Master Recording and Revenue

The Licensee may create and commercially exploit a new master recording incorporating the Beat (“Master Recording”).
The Licensee retains the revenue generated directly from exploitation of the Master Recording, including streaming, digital distribution and physical sales, subject to any publishing, mechanical, performance or other composition-based royalties attributable to the Licensor’s share of the underlying composition.
The Licensor does not acquire ownership of the Licensee’s original lyrics, vocals or other independently created contributions.

4. Ownership

The Licensor retains all rights, title and interest in the original Beat, including the applicable copyright interests in the musical composition and sound recording.
This Agreement does not transfer ownership or copyright in the Beat to the Licensee.
The Licensee may protect or register their own original contributions to the New Song but may not claim sole ownership or authorship of the underlying Beat.

5. Publishing and Songwriting

For each New Song created under this Agreement, the underlying composition shall be divided as follows:
Licensee: 50%
Licensor: 50%
The Licensee agrees to properly identify the Licensor’s share when registering the New Song with a Performing Rights Organization, publisher, publishing administrator or other rights-management organization.
Licensor PRO Information:
Writer / Composer: Thomas Hodek
Producer Name: Tellingbeatzz
PRO: GEMA (Germany)
IPI / CAE: 716014087
Publishing Administrator: BeatStars Publishing Worldwide

6. Credit

Where credits are customarily provided, the Licensee agrees to credit the Producer as:
Produced by Tellingbeatzz
or
Beat by Tellingbeatzz
If additional featured-vocalist or hook credits are supplied with the Beat, those credits must also be included where reasonably applicable.

7. Content ID

Because the Beat may be licensed non-exclusively to multiple artists, the Licensee may not register the Beat or any New Song containing the Beat with YouTube Content ID or any similar automated copyright-claiming or fingerprinting system without prior written permission from the Licensor.
The Licensor reserves the right to register and administer the Beat through Content ID or similar systems.
If the Licensee receives a claim relating to a valid licensed use, proof of purchase may be submitted for review and release where appropriate.

8. Synchronization

The Licensee may synchronize the New Song with:
  • music videos
  • YouTube videos
  • social media content
  • podcasts
  • online promotional content
  • independent films and video projects
Major third-party commercial synchronization uses, including national advertising campaigns, television productions, feature films, major video games or comparable commercial projects, require prior written approval from the Licensor.

9. Prohibited Uses

The Licensee may not:
  1. resell, redistribute or sublicense the Beat in its original or substantially similar instrumental form;
  2. upload or distribute the Beat as a standalone instrumental under the Licensee’s name;
  3. include the Beat in beat packs, sample packs, loop libraries, sound libraries or production libraries;
  4. claim authorship or ownership of the original Beat;
  5. register the Beat or New Song with Content ID without permission;
  6. transfer this License to another person or entity without written consent;
  7. share the Beat files with third parties except persons directly involved in producing, recording, mixing, mastering or distributing the New Song.

10. Files Included

The files delivered depend on the license purchased:
MP3 Unlimited: MP3
WAV Unlimited: MP3 + WAV
Trackout Unlimited: MP3 + WAV + available tracked-out stems
The file format supplied does not change the commercial usage rights granted under this Agreement.

11. Non-Exclusive License

This is a non-exclusive license.
The Licensor may continue licensing or selling the same Beat to other customers.
The Licensee acknowledges that other artists may legally release different songs using the same Beat.

12. Future Exclusive Sale

If exclusive rights to the Beat are sold after this Agreement has taken effect, this License remains valid.
The Licensee may continue using, distributing and monetizing the New Song according to the terms of this Agreement.

13. Samples and Third-Party Material

Where the Beat contains third-party material requiring clearance, the Licensee is responsible for obtaining any additional clearance required for the Licensee’s intended use unless otherwise agreed in writing.
The Licensor will disclose known third-party clearance requirements where reasonably possible.

14. Term

This License is valid in perpetuity, provided the Licensee complies with this Agreement.
No renewal payment is required.

15. Breach

If the Licensee materially breaches this Agreement, the Licensor may provide written notice and, where the breach can reasonably be corrected, allow 30 days to cure the violation.
If the breach is not corrected within that period, the Licensor may terminate the License and pursue available remedies.

16. Governing Law

This Agreement is governed by the laws of the Federal Republic of Germany, without prejudice to mandatory consumer protection laws applicable to the Licensee.

17. Entire Agreement

This Agreement, together with the applicable WooCommerce order confirmation, constitutes the complete agreement between the Licensor and Licensee regarding the licensed Beat.
If any provision is found invalid or unenforceable, the remaining provisions remain effective.

Trackout Unlimited (+9 FREE)

WAV, MP3, Trackout
License Terms

Unlimited License Agreement

This Unlimited License Agreement (the “Agreement”) is entered into on [Purchase Date] between Thomas Hodek, professionally known as Tellingbeatzz (“Licensor”) and [Customer Full Name] (“Licensee”).
The Licensee has purchased an Trackout Unlimited License for the instrumental titled “[Beat Title]” (“Beat”) for a license fee of [Purchase Price] under Order #[Order Number].
Upon successful payment, this Agreement becomes effective immediately and is delivered electronically together with the licensed Beat files.

1. Grant of License

The Licensor grants the Licensee a non-exclusive, worldwide, non-transferable and perpetual license to use the Beat to create and commercially exploit one or more new songs incorporating the Beat (“New Song”).
The Licensee may add vocals, lyrics, melodies, instrumentation, arrangements and other original contributions to the Beat.
The Beat itself remains the intellectual property of the Licensor and is not sold or transferred to the Licensee.

2. Unlimited Commercial Use

The Licensee may commercially release and use the New Song without limits on:
  • digital or physical distribution
  • sales
  • audio streams
  • monetized video streams
  • music videos
  • live or paid performances
  • radio and online broadcasts
  • social media content
  • albums, EPs, mixtapes and singles
There are no limits on streams, sales, downloads, views or performances generated by the New Song.

3. Master Recording and Revenue

The Licensee may create and commercially exploit a new master recording incorporating the Beat (“Master Recording”).
The Licensee retains the revenue generated directly from exploitation of the Master Recording, including streaming, digital distribution and physical sales, subject to any publishing, mechanical, performance or other composition-based royalties attributable to the Licensor’s share of the underlying composition.
The Licensor does not acquire ownership of the Licensee’s original lyrics, vocals or other independently created contributions.

4. Ownership

The Licensor retains all rights, title and interest in the original Beat, including the applicable copyright interests in the musical composition and sound recording.
This Agreement does not transfer ownership or copyright in the Beat to the Licensee.
The Licensee may protect or register their own original contributions to the New Song but may not claim sole ownership or authorship of the underlying Beat.

5. Publishing and Songwriting

For each New Song created under this Agreement, the underlying composition shall be divided as follows:
Licensee: 50%
Licensor: 50%
The Licensee agrees to properly identify the Licensor’s share when registering the New Song with a Performing Rights Organization, publisher, publishing administrator or other rights-management organization.
Licensor PRO Information:
Writer / Composer: Thomas Hodek
Producer Name: Tellingbeatzz
PRO: GEMA (Germany)
IPI / CAE: 716014087
Publishing Administrator: BeatStars Publishing Worldwide

6. Credit

Where credits are customarily provided, the Licensee agrees to credit the Producer as:
Produced by Tellingbeatzz
or
Beat by Tellingbeatzz
If additional featured-vocalist or hook credits are supplied with the Beat, those credits must also be included where reasonably applicable.

7. Content ID

Because the Beat may be licensed non-exclusively to multiple artists, the Licensee may not register the Beat or any New Song containing the Beat with YouTube Content ID or any similar automated copyright-claiming or fingerprinting system without prior written permission from the Licensor.
The Licensor reserves the right to register and administer the Beat through Content ID or similar systems.
If the Licensee receives a claim relating to a valid licensed use, proof of purchase may be submitted for review and release where appropriate.

8. Synchronization

The Licensee may synchronize the New Song with:
  • music videos
  • YouTube videos
  • social media content
  • podcasts
  • online promotional content
  • independent films and video projects
Major third-party commercial synchronization uses, including national advertising campaigns, television productions, feature films, major video games or comparable commercial projects, require prior written approval from the Licensor.

9. Prohibited Uses

The Licensee may not:
  1. resell, redistribute or sublicense the Beat in its original or substantially similar instrumental form;
  2. upload or distribute the Beat as a standalone instrumental under the Licensee’s name;
  3. include the Beat in beat packs, sample packs, loop libraries, sound libraries or production libraries;
  4. claim authorship or ownership of the original Beat;
  5. register the Beat or New Song with Content ID without permission;
  6. transfer this License to another person or entity without written consent;
  7. share the Beat files with third parties except persons directly involved in producing, recording, mixing, mastering or distributing the New Song.

10. Files Included

The files delivered depend on the license purchased:
MP3 Unlimited: MP3
WAV Unlimited: MP3 + WAV
Trackout Unlimited: MP3 + WAV + available tracked-out stems
The file format supplied does not change the commercial usage rights granted under this Agreement.

11. Non-Exclusive License

This is a non-exclusive license.
The Licensor may continue licensing or selling the same Beat to other customers.
The Licensee acknowledges that other artists may legally release different songs using the same Beat.

12. Future Exclusive Sale

If exclusive rights to the Beat are sold after this Agreement has taken effect, this License remains valid.
The Licensee may continue using, distributing and monetizing the New Song according to the terms of this Agreement.

13. Samples and Third-Party Material

Where the Beat contains third-party material requiring clearance, the Licensee is responsible for obtaining any additional clearance required for the Licensee’s intended use unless otherwise agreed in writing.
The Licensor will disclose known third-party clearance requirements where reasonably possible.

14. Term

This License is valid in perpetuity, provided the Licensee complies with this Agreement.
No renewal payment is required.

15. Breach

If the Licensee materially breaches this Agreement, the Licensor may provide written notice and, where the breach can reasonably be corrected, allow 30 days to cure the violation.
If the breach is not corrected within that period, the Licensor may terminate the License and pursue available remedies.

16. Governing Law

This Agreement is governed by the laws of the Federal Republic of Germany, without prejudice to mandatory consumer protection laws applicable to the Licensee.

17. Entire Agreement

This Agreement, together with the applicable WooCommerce order confirmation, constitutes the complete agreement between the Licensor and Licensee regarding the licensed Beat.
If any provision is found invalid or unenforceable, the remaining provisions remain effective.

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