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Music and Media Law: analyse and amend a Music Industry Agreement - Essay Example

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Record labels usually require artists to sign to the label exclusively (Harrison), which prevents the artist recording for another label without permission or terminate if unhappy with the label (Passman). Record labels invest large sums of money into making an act successful…
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Music and Media Law: analyse and amend a Music Industry Agreement
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Download file to see previous pages In some cases, this can even help break a new artist (Carrey & Verow).
Accordingly, the inclusion of a sideman clause will enable the Artist to do studio work and collaborations with other bands and artists (Carrey & Verow). Without this, the Artist is narrowly restricted in being prohibited from performing for any other label or band under this contract.
This clause prevents the Artist from re-recording music on another label post termination or expiry of the contract. Whilst the five year period is an industry standard (Harrison), the clause should be amended to only cover records actually released by the label as my view is that this is sufficient to protect the label’s interests.
Furthermore, please refer to my other comments in relation to clause 3 with regard to the inclusion of a general long-stop provision to ensure protection regarding the maximum duration of the Term of this Agreement.
Record companies have a time limit within which to exercise their option to extend the term of an agreement. The time period in this case is that the option must be exercised before the expiry of the prior contract period. The notice requirement is implemented to remind the label of the option period by placing the onus on the Artist to remind them under what is labelled a “cure period” (Passman). However, a period of ninety (90) days seems too long for a cure period, particularly in light of the recording commitment of the Artist. Moreover, the ninety day period leaves the Artist in an uncertain position as to their rights under contract and prevents negotiation with other potentially interested labels (Harrison).
During each option period, the record label should guarantee a fixed number of master recordings equivalent to an album and include an express provision setting this out as a maximum guarantee (Harrison). Accordingly, please remove ...Download file to see next pagesRead More
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