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David J. Spangenberg
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Music Business Contracts

 By David J. Spangenberg
Music Business Consultant,
Educator & Advisor,

Contract Specialist

Here's a list of some of the more important Music Business types of contracts I
write, negotiate and explain on a regular basis, with brief descriptions:

Partnership Agreements - The contract people don't think about until it's often too late - an agreement between the people sharing the money and responsibilities of running 1 or more company(s) - including offshoots! [E.g.- "Management Company" and/or "Production Company" and/or "Publishing Company", etc.] - whether it's 2 partners to 50! This also includes Bands - and their members! This type of Agreement [should] distributes responsibilities, shares, money, protection to each partner, etc., etc.

Artist Management Agreements - This is an agreement between an Artist and Manager, including responsibilities, moneys, etc. A manager's job is to guide a person's career.

Associate Manager Agreements - Mini-partnership agreement between 2 or more people sharing the responsibilities and profits in regards to the Managing of 1 or more particular Artist[s].

Assistant Manager Agreements - Non-partnership agreement between 2 or more people, where one person(s) has control and the other one or more work "under them", receiving a "piece of the action" for handling their responsibilities - in regards to Managing 1 or more particular Artist[s].

Artist/Production Company Agreements - A production company [a producer's business entity], can be considered almost like a Record Company, and quite often becomes one - or at least would like to. A deal between a producer and an artist, where the Production Company retains all rights to the Artist while shopping for a deal with a Record Company, or deciding to do it all themselves. [Often accompanied by Publishing, and sometimes, Personal Management Agreements, nowadays.]

Artist/Record Company Agreements - An agreement between Artist and Record Company, it includes everything from royalties to paybacks, from videos to merchandising, from responsibilities to liabilities, etc., etc. If you read between the lines, the initial contract between a Record Company and an Artist is very slanted towards the Record Company. [Most often, Publishing Agreements are also involved.]

Artist Development Agreements - This is an agreement that's become very popular over the years. In effect, usually a Production Company or a Record Company "ties an Artist up" for around 18 months or so while recordings are being done until it's decided how they want to become involved with the Artist. Options could be signing them to one or more of their Companies [usually Publishing, Management, and/or Production] dropping them, placing them with other company[s], "selling" them, or whatever.

Songwriter/Publisher Agreements - Per song - This is an agreement between a Songwriter and a Publisher where the Publisher [the business entity] only wants 1,2 or 3 [usually] of the writer's [the creative entity] Songs to place with an Artist[s].

Songwriter/Publisher Agreements - Exclusive - This is an Agreement between a Songwriter and a Publisher wherein the Publisher wants the Songwriter to write exclusively for that Publisher. It usually includes all unpublished Songs that have been written by that Songwriter up to that point in time, as well as all s/he will write for the next 2-5 years.

Co-Publishing - A Contract where 2 or more People/Companies split the proceeds, and sometimes, Ownership.

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© 2000-2008 David J. Spangenberg

 

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