For an artist or label that wants to release a cover recording of an existing song. Covers the songwriter / publisher royalty rate, accounting and audit rights, optional advance, format restrictions (digital, physical, streaming), permitted arrangement and translation rights, and credit obligations. Drafted to work with or in lieu of the Section 115 compulsory license.
Drafted by a Harvard Law entertainment attorney.
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This contract is built for recording and releasing your own version of an existing song. It fits situations where you want permission from the song's rights holder and want to set the royalty rate, any advance, the formats allowed, accounting, and credit to the original writers before you release the cover.
It helps to have these details on hand before you create your contract:
Grant of license
Sets the song covered and permission to record and release your version.
Royalties
Defines the royalty rate and any advance against it.
Accounting and payment
Covers how and when accounting and payment are provided.
Credit and metadata
Sets credit to the original writers and how the release is labeled.
Term and reversion
States how long the license lasts and any reversion of rights.
Representations and warranties
Each side confirms it has the right to enter the deal.
Termination
Explains how and when the license can end.
Disputes and general provisions
Covers standard terms such as notices, how disputes are handled, and signatures.
These are general warning signs worth checking in any contract of this kind, not problems with the contract here. It is worth a second look if you notice: