Extract of sample "Music Contract Negotiations & Publishing"
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Some of areas may be found inappropriate by the Artiste to promote its musical production (like advertising on hygiene accommodation or etc.). The Artiste also may oppose using some promotional methods (like spread of information the Artiste finds damaging or etc.)
(b) This part of the clause brings similar concerns on performing recordings and the Artiste publicly. Areas where the Company will, or will not use the product should be previously mutually agreed within the Contract, or a form of consultation for the areas should be required. Additionally, selling recordings for a commercial, but strange from traditional music industry (for example, tunes for doorbells or etc.) enterprises should require a consultation too (Morley, 2000).
Clause 5 recognizes a size of music expected to be produced by the Artiste for each period as one album and one single per period, yet clause 1.1 and clause 1.8 bring a poor notion on what ‘album’ and ‘single’ are correspondently. Therefore, no limits are settled on number of songs, or for a playing time count of a song, making clause 5 unclear. The mutual agreement in the Contract on a minimum/ maximum number of songs is recommended.
Clause 6.2 reserves the right for the Artist to give and/ or sell other non-musical production and services independently from the Company, yet the definition of the non-musical activity is very unclear. To escape violation of the Contract in future the types of not allowed artistic activity should be defined by the Company, paying a specific attention on borderline cases (on the example of clause 6.5).
In clause 9.1 the Company proposes the Artist to receive 40% of the ‘net profits’, and this may be a point of argument. Commonly small independent labels as the Company is propose a fifty-fifty percent of a ‘net profits to share after the covering of previously agreed recording coasts
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