Help Judge My Contract (Grade for my class)

[Savage Intuition]

In my Legal Environment of Business Class we had to pretend we were a music mogul and create a contract we would use to sign artists and a powerpoint promoting our company, etc. My job in the project was to create the contract for our group. It had to contain the six elements of a contract. I would appreciate it if you guys with legal experience would judge it for me. Is is good? What area's are it weak in? If you were an artist would you sign it? Thanks for any help you give.




Artist(s)-Recording Company Contract

This agreement made by (Company Name) and (Group/Artist(s) Name) on this date of___/____/2009 is as follows:


I. Length of Agreement
a. The Artist(s) will release a number of works over the period of 5 years under our company. This includes singles, albums, mixtapes, digital distribution, and any other form of media in which the Artist(s) may release their music. During this time period the Artist(s) agrees to record exclusively for the Company.

II. Completion and Release
a. Singles will be recorded 3 months prior to the release of the final album. At least 2 singles must be released by the Artist(s) before promotion of the album will begin. The album will be completed ___/___/2009 and released to the public for retail ___/___/2009.
b. The Artist(s) must complete a minimum of 2 albums during the time period they are contracted to our company. Failure to do so may result in under pay.

III. Costs
a. Company will pay all costs of recording, promotion, production of album cover, music production, and Artist(s) appearance on television shows, radio, etc. Company will pay for all commercial pressing costs.
b. These expenses will be charged against and taken out of the Artist(s) royalties. If the Artist(s) at any time doesn’t show up at a time and place designated by the Company then the Artist(s) agrees to pay ALL of the expenses.

IV. Production
a. Company will produce album cover, album music (original music ONLY), and the means for promoting an Artist(s). Company may also seek outside production at the request of an Artist(s) or if it felt it is needed.

V. Contribution by the Artist(s)
a. If capable, Artist(s) are allowed to write ORIGINAL music that may be used after being approved of by the company. Artist(s) are expected to write ORIGINAL lyrics, but, may seek outside help only if needed and is necessary. Artist(s) will perform all ORIGINAL (Genre of music) at [venues, performances, etc] under the Company name.
b. Artist(s) are to work in conjunction with the Company and any decisions made by the Artist(s) are to be reviewed and approved by the Company. But if the Artist(s) and the Company should ever disagree, the Company shall have the right to make the final selection in the best interest of the Artist(s).

VI. Artistic Control
a. Artist(s) are to work in conjunction with the Company and any decisions made by the Artist(s) are to be reviewed and approved by the Company. But if the Artist(s) and the Company should ever disagree, the Company shall have the right to make the final selection in the best interest of the Artist(s).
b. If the Artist(s) fail too cooperate respectively, penalties may occur. These could range from delay of project(s) to being dropped from the company, depending on the seriousness of the situation.

VII. Licenses for use of Artist(s) Name and Image
a. In consideration of this agreement, the Artist(s) gives the Company the right to use the Artist(s) name, image, and biographical information, and likeness for advertising and promotional purposes, and the right to permit others to use it. The Company may also refer to the Artist(s) as “Company Exclusive Artist”

VIII. Assignment of Rights
a. By agreeing to this contract, the Artist(s) gives the Company sole and exclusive ownership of all rights and titles to sound recordings provided by the Artist(s) while they are under the Company. This includes, but is not limited to, the right to control all masters and use them for other purposes and reproduction at will.

IX. Royalties
a. Artist(s) will receive 15% of the royalties from the total profit of all sound recordings sold under the Artist(s) name while they are under the Company.
b. If necessary, royalties will be split between band members as follows:
i. If there are two (2) members of a group, each member gets 1/2 of the royalties.
ii. If there are three (3) members of a group, each member gets 1/3 of the royalties.
iii. If there are four (4) members of a group, each member gets 1/4 of the royalties, etc.

X. Dispute Resolution
a. If disputes arise between the Artist(s) and the Company, the Artist(s) and Company shall converse and try to resolve matters but ALL final decisions will be made by the Company in the Artist(s) best interest.
b. Arbitration-In the event that the Company and the Artist(s) are not able to resolve the dispute among themselves, they shall seek the help of a reputable Entertainment Lawyer that is not employed by the Company or has ever done business with the Company.
c. Artist Purchase Rights-In the event that the Artist(s) wishes to purchase the rights to his/her/their songs, sound recordings, or any other works, the Artist(s) will have to pay the Company back the costs of recording, promotion, production of album cover, music production, and Artist(s) appearance on television shows, radio, etc. The Artist(s) will also lose all further payment of royalties from the songs, sound recordings, and other works from the Company.


READ AND AGREED TO AND SIGNED AT THE SAME TIME AND PLACE THAT EACH RESPECTIVE PARTY SIGNED THE OTHER PORTIONS OF THIS CONTRACT.



COMPANY:

BY:

ARTIST (S)_______________________________________________

MEMBERS OF THE GROUP:

Names____________________________________________________

__________________________________________________________

__________________________________________________________



Addresses (City, State, & Zips) ____________ Telephones _________________ SSI#'s

 

[Jerzy Piff]

i dunno much bout this type of stuff so i'd get a lawyer to clear everything out 1st, but it seems good for the artist that if they dont make a profit they dont have to pay for them to recoup. wasn't sure bout everything but the lawyer'd clear it up & seems like its a good deal

 

[Jerzy Piff]

IX. Royalties
a. Artist(s) will receive 15% of the royalties from the total profit of all sound recordings sold under the Artist(s) name while they are under the Company.
b. If necessary, royalties will be split between band members as follows:
i. If there are two (2) members of a group, each member gets 1/2 of the royalties.
ii. If there are three (3) members of a group, each member gets 1/3 of the royalties.
iii. If there are four (4) members of a group, each member gets 1/4 of the royalties, etc.

your not saying that if there 2 members they get 50% of royalties each your saying 7.5% right thats another reason i'd get the lawyer

 

[Savage Intuition]

your not saying that if there 2 members they get 50% of royalties each your saying 7.5% right thats another reason i'd get the lawyer

yea im saying that they would be splitting the 15%

 

[galacticboy]

How good does it have to be?

(I mean, this contract would be ripped to shreds by a lawyer, but I'm guessing that doesn't really matter since you're not taking a legal drafting course)

My suggestions then would be:
Write out the actual agreement at the beginning. Something like "In exchange for royalties and advance, artist agrees to record music blah blah" or something like that. You kind of have that under I, but the heading says "length of agreement".

II.b. I don't understand what "under pay" means.

V.b. I read that as saying that the Company is required to approve any decision the Artist makes. It might be better to say decisions are subject to the approval of the Company. Also, "any decision" is very broad and vague. Does the artist have to ask the Company what to eat for breakfast?

IX. What are the royalties and why is the Artist only getting 15% of them? I think you mean the Artist will get 15% of total profits AS a royalty. ("Total profits" itself is also a vague term. Net? Gross? How are profits computed? That may be beyond the scope of your assignment though - a typical recording agreement has pages and pages just dealing with royalty payments.)
b. I think it would be easier just to say royalties will be divided equally among band members.

 

[Savage Intuition]

How good does it have to be?

(I mean, this contract would be ripped to shreds by a lawyer, but I'm guessing that doesn't really matter since you're not taking a legal drafting course)

My suggestions then would be:
Write out the actual agreement at the beginning. Something like "In exchange for royalties and advance, artist agrees to record music blah blah" or something like that. You kind of have that under I, but the heading says "length of agreement".

II.b. I don't understand what "under pay" means.

V.b. I read that as saying that the Company is required to approve any decision the Artist makes. It might be better to say decisions are subject to the approval of the Company. Also, "any decision" is very broad and vague. Does the artist have to ask the Company what to eat for breakfast?

IX. What are the royalties and why is the Artist only getting 15% of them? I think you mean the Artist will get 15% of total profits AS a royalty. ("Total profits" itself is also a vague term. Net? Gross? How are profits computed? That may be beyond the scope of your assignment though - a typical recording agreement has pages and pages just dealing with royalty payments.)
b. I think it would be easier just to say royalties will be divided equally among band members.

thanks for the feedback. i just want it to be good enough where i pass lol cuz i know some groups have already turned in their contracts and he said what he''s gotten so far is pretty weak and wouldnt hold up and dat scares me for mine

 

[dvyce]

thanks for the feedback. i just want it to be good enough where i pass lol cuz i know some groups have already turned in their contracts and he said what he''s gotten so far is pretty weak and wouldnt hold up and dat scares me for mine

(no offense, but you asked and you want an honest response)

I don't know what they expect from you in this class or what they teach you in this class, but the truth is that from a legal standpoint, this "contract" is pretty much nonsensical.

I don't know what to say about it or how else to comment on it aside from rewriting the whole contract based on what I think you are trying to say (and what is normal and proper to have in a contract)

you are not in law school and this is not even a "contract drafting" class... So I can't imagine what they expect from you or how they expect you to draft a contract (but, like I said, I know nothing about your class, so maybe they are teaching how to draft a proper contract.)