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Analysis of a Recording Contract

By Andrea Goode Barber

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As a result, the single most important thing you can do as an artist, regardless of if you are signing to one of the world's biggest or smallest labels, is to make sure that you are competently represented by legal counsel (and not just your dad's friend's neighbor, or someone who has done some entertainment deals). There are lawyers who specialize in music agreements, and because of the complexities and unique provisions of music agreements it is crucial you obtain the representation of someone experienced in handling such agreements. Never ever sign anything because you trust someone, or have a good feeling, etc. This analysis is NOT intended to replace professional counsel; rather, it is to educate artists, attorneys, students, and anyone else who is interested on the basics of a record agreement. I always insist that my clients read and understand every contract from the first draft -- well before it is signed -- and I encourage them to ask detailed questions as to how it actually all works. If you are unfamiliar with a record agreement, some of the principles may seem outrageous or unfair, but be assured that these deals have grown up along with the industry, and that most major corporations do things very similarly. You may read quotes in the newspapers from artists that are suing their labels trying to get a better deal, saying that record contracts are slavery, etc. Be aware to a large extent it's all a publicity ploy to help them renegotiate. (If they really believed what they said, they'd want off the label all together, not just a better deal.) Another thing to remember is that record companies move very slowly when it comes to changing the structure of their deals, as we will see from some of the historical discussion. It is important to know what you can and can't negotiate over. Even then, you and your lawyer need to pick and choose your battles. In this article I will try to outline what you can and can't get out of a label, what points you should insist on, and what not to worry about.

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