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.