Music Producer Contract Template
This Music Producer Contract (hereafter referred to as “Contract” or “Music Producer Contract”) is the sole and complete agreement between [Sender.FirstName][Sender.LastName], with an address at [Sender.StreetAddress], (hereafter referred to as the “Producer”) and [Client.FirstName][Client.LastName], with an address at [Client.StreetAddress], (hereafter referred to as the “Artist”) for the Producer’s services in producing master recordings (hereinafter referred to as the “Masters”) for and of the Artist.
In consideration of the premises above and of the mutual covenants and commitments contained in this Music Producer Contract, the parties hereto, consisting of the Producer and the Artist, agree as follows:
The Artist engages the Producer to produce Masters of the Artist’s sound recordings embodied in the files transferred to the Producer on [DATE OF TRANSFER]. The services to be rendered by the Producer shall be those customarily rendered by producers providing similar services in the music industry.
Without limitation and as requested by the Artist, the Producer may be required to mix the Artist’s recordings, produce Master copies of sufficient quality as to be suitable for use on CD, digital, and streaming services, and work with the Artist to re-record any selections the Artist deems necessary.
The titles of each track to be mastered and produced by the Producer are as follows:
The Producer shall use the best efforts to produce the Masters, and such production efforts shall occur at times convenient for the Producer and the Artist. Upon completion of the Masters, the Producer will deliver to the Artist [NUMBER] master CDs.
The most common number of master CDs provided by the producer is two. However, you can request as many CDs as you want. More master copies are typically better, as it ensures that there is no risk of losing valuable data. You may also edit this clause to request. WAV files or any other format you prefer, should you not want CDs.
Until such time as payment is rendered by the Artist, the recordings of the Masters will remain the property of the Producer. In the event of termination of this Music Producer Contract, the Artist will pay the Producer the full flat fee for all work completed and for any work in progress.
If any work has not yet been performed upon a track at the time of termination of the contract, the Producer shall not request payment for that track. The existence of work upon a track shall be determined by files wherein the Producer has made changes prior to the termination date.
The Artist represents and warrants that the music provided to the Producer to be recorded and produced hereunder is the Artist’s original work and to their knowledge is not infringing on another’s copyrights.
The Producer hereby represents and warrants that they shall perform their responsibilities under this agreement in a manner that does not infringe upon or misappropriate any copyright or trademark rights of any third party.
Should either party be found to have violated a third party’s copyright or other property right in the creation of these works, the full liability for the violation shall fall upon the party who perpetrated the violation. The other party shall not be held liable.
4. NO RIGHTS
No rights in the underlying composition in the musical works to be produced hereunder shall transfer to the Producer. The Artist and the Producer agree that each Master and all derivatives thereof constitute “works made for hire,” and the Producer hereby assigns all rights in and to the Masters to the Artist. The Artist will ensure that any and all commercialization of the Masters will give credit to the Producer as the producer of the Masters.
The Producer represents and warrants that the Masters do not contain any unauthorized samples, and the Producer will indemnify the Artist to the fullest extent for any claims made that unauthorized samples have been used.
If the Producer should be found to have included unauthorized samples within the final Masters, the Artist may exercise the right to claim direct and indirect damages in a court of law.
Insofar as any samples are to be used in the works mastered by the Producer as requested by the Artist, the Artist represents and warrants that all samples have been authorized to the fullest extent for use in the titles listed herein. Should samples provided by the Artist not be authorized, the Artist accepts full responsibility for legal consequences, actions, and penalties pursued by the third party.
- This Music Producer Contract shall be governed by and interpreted in accordance with the laws of the State of [Sender.State], excluding any conflict of laws and principles.
- Any and all modifications or additions to this Music Producer Contract must be in writing and signed by both Parties.
- All notices required hereunder must be in writing and sent to the address of each Party first written above.
ACCEPTED AND AGREED:
Appendix A: TRACKLIST
The titles of compositions and tracks that the Producer is responsible for recording and engineering as per this agreement are as follows:
- [Title 1]
- [Title 2]
- [Title 3]
- [Title 4]
Appendix B: ROYALTIES
The Producer shall receive a share of royalties equal to [ROYALTY RATE]% of the net mechanical royalties and sync royalties of the Masters produced under this agreement after the costs of recording, production, and marketing have been subtracted from gross profits.
The Artist shall not pay royalties on any complimentary copies and records or copies and records distributed for marketing purposes.