Recording Contracts (Part 2)

In this part of the recording contracts, we examine the recording fee or payment. The fees that a production house recovers or intends to recoup for the services offered should be clearly indicated on the recording contract or quantified to some degree. This part is very important because it is tied to the Intellectual Property Rights of the works produced. Normally and unless specified otherwise, payments made relate to the services that are being offered to record and produce the works. Unless otherwise specified, this does not usually amount to transfer of IP rights from the production company to the talent or party making the payment. Usually, the production house retains the rights in the master of the sound recordings unless clearly specified in the recording contract. A majority of misunderstandings between the producer and the talent do occur if this is left open and/or is not clearly defined in the recording contract. Always remember that the payments made for a recording whether audio or visual are for the services rendered and will not necessarily be for the IP rights for the works produced. 

Recording Contracts (Part 1)

Recording contracts are documents that spell out the terms and conditions under which a talent and a production house enter into a business proposition with one party taking the risk of investing and the other party is willing to give their services with the hope that there will be a return on investment. The heaviest burden of success or failure  rests with the production house especially if the production house has a good track record. As a result the production house must develop a contract that will ensure that the terms and conditions that govern the agreement binding both parties is comprehensive and makes business sense. From the talent perspective it is expected that they enter into this contract having considered all the pros and cons of entering into this contract. It is very important to seek legal counsel for guidance as this will help manage irreconcilable differences that may later emerge. If at some point both parties disagree, then the agreement should be guided by the termination clauses to avoid unecessary misunderstandings. Unfortunately as observed in this market (EA) most of the time one party to the agreement goes balistic and does press releases without due consideration of the consequences. If both parties can reconcile with the fact that this is a business to run, it is often easier to manage the transition and look for opportunities. The important point to remember here is that talent is not of much use to anybody unless it is nurtured and supported to achieve the desired objectives.

Hit Song

Producing a hit song is not just about putting the right elements together. There has been heated debates with some of the most creative minds believing that creativity plays a major part. We disagree. You can create a hit song out of nothing. Thats the reality. Most of the biggest hits in the world were created when the talent and the producers were toying around in the studio. The notable  determining factor is the direction the composition will take. At this point experience, history and gut feel come into play. This may mean that an experienced producer with a rich history of producing hits will generally have an added advantage. If they make the right decision at the right time then the musical works will generate the excitement needed to produce memorable works.