This Music Producer Contract (this “Music Producer Contract”) is the sole and complete agreement between [Producer.FirstName] [Producer.LastName] , with an address at [Producer.StreetAddress] (hereinafter referred to as the "Producer") and [Artist.FirstName] [Artist.LastName] , with an address at [Artist.StreetAddress] (hereinafter referred to as the “Artist”) for the Producer’s services in producing master recordings (hereinafter referred to as a "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:
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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.
If there are titles associated with the tracks, you will want to list them here. If there are a significant number of titles, you can also list them in an appendix at the end of the document and rewrite this clause to state, “The titles of each track to be produced by the Producer are to be found in Appendix A.”
Many producers work on fixed-price rates, but some prefer to work on an hourly basis. You can edit this clause to address hourly work by substituting “the Artist will pay the Producer an hourly rate of [HOURLY RATE] for each Master, up to [NUMBER OF HOURS], which includes recording and engineering time.” This can often be more cost-efficient if the number and duration of recording sessions are expected to be low.
When you need to license music for various purposes such as film, advertising, or public performance, our Music License Agreement Template is a vital resource.
1. ENGAGMENT
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.
In consideration of the Producers services, the Artist will pay the Producer a fixed price of fixed price for each Master, which includes recording time and engineering time. 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 for all work completed and any work in progress.
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 its 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.
No rights in the underlying composition in the musical works to be produced hereunder shall transfer to the Producer. The Artist will ensure that any and all commercialization of the Masters will give credit to the Producer as the producer of the Masters.
This clause grants the Artist exclusive rights to the resulting Masters on the basis of a work-for-hire agreement. If the Producer is providing a discount rate in consideration of gaining rights to the Master or any other rights that would provide the Producer a share of license fees, you will need to change the header for this section and provide an explanation of the rights to be conveyed to the Producer.
Common rights that may be granted to the Producer include the right to sell sound recordings, non-exclusive licenses to use the recordings in remixes or compilations, the right to receive mechanical royalties, and the right to merchandise related to the recordings. Before granting the Producer any rights to a work, the Artist should seek out legal advice regarding copyright law to ensure that they understand the rights they are granting.
The Producer represents and warrants that the Masters will contain and 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 disclaimer protects both the Artist and the Producer from copyright claims made against them. The clause may be removed and subsequent clauses re-numbered if the Producer is only using recordings made with the Artist.