There is a thriving music business in Miami. Wherever there is a bustling music industry there are record labels. When a performer and/or songwriter and a label decide to go into business together, they will enter into a Record Label Contract Attorney Miami. Having a basic understanding of some of the common elements of this type of contract can help you ask the right questions during negotiations with the label and when finding an Entertainment Attorney in Miami.

Royalties

In the simplest sense, royalties are the primary way artists or songwriters make money. It is usually paid as a percentage of each sale or performance of a song or record. In record label contracts there are typically two kinds of royalties; mechanical and artist. Mechanical royalties are paid to the songwriter or producer. Artist royalties, on the other hand, are paid to the performer. In some cases, the artist and the songwriter are the same but, it is quite common for it to be two distinct parties.

This can be one of the most important aspects of the contract to performers and songwriters alike. This is just a basic introduction to the concept. However, rest assured that royalties are something a Record Label Contract Attorney in Miami will be well-versed in.

Exclusivity

Most record label contracts will dictate that their performers only record for them during the contract term. The contract term is the specific length of time the contract is enforceable for and is defined in the first few sections of the contract as one of the primary elements. This prohibits performers from recording with any other record labels during this time. In rare instances, performers will be permitted to do a specific number of outside projects, or they may be approved on a case by case basis. Also note, this most often applies only to recorded performances. Record labels often do not receive compensation for live performances, though it is becoming more common for labels to be compensated a portion of the proceeds from this as well.

Creative Control

Some performers are more concerned with creative control than others. Often the ones who fight for it are the performers that also write their own music. You may not find creative control as a specific header within the contract. Rather, it will be intermixed in appropriate sections. Whether or not an Entertainment Law Miami will push this point purely depends on the preference of their client. Not surprising, the label will typically try to hold as much creative control as possible. It can dictate everything from final decision on album covers to naming of tracks and albums to the look of the band and how they work is performed.

Conclusion

Generally speaking, record label contracts tend to favor the label as the precedent for most terms has been set by the major record labels who have far more bargaining power than the performers or songwriters. On occasion, independent labels will have more favorable terms. In either case, knowing the basics of what to expect and hiring a strong entertainment attorney with record label contract experience in Miami will ensure artists and songwriters get the most favorable deal possible.