Just imagine the massive outcry that would take place if people working in a factory were told that the cost of the products they were...

The "Promotional copies" scam Importantly, most contracts state that royalties are only paid on records sold. (Alternatively, a certain...

Producer's royalty If a third party producer is employed whether by the label or the artist, he will be entitled to a royalty of anything...

What should the artist's royalty be worth? When asked, very often an artist will proudly declare that he is "on a 15% royalty" without...

Advances and recording costs In terms of the contract, most artists typically receive an advance (i.e. an up-front payment) on every new...

Exclusivity The company will undoubtedly insist on being granted, to the exclusion of all others, unlimited and exclusive rights to...

For many years, industry players spoke about a "singles deal" or an "album deal." This was because, up to about 2000, when the single...

Most recording agreements will provide for an initial period to run from the date of signature. This is called the Principal Term. In the...

It's just amazing, the mystique that surrounds "getting signed" by a record company. It is strong - so strong, in fact, that musicians...

In this segment, I will endeavour to list the names of the different types of breach of contract, just so that you can recognise and...

Finally, let us look at the legal implications of breaching a valid contract. Obviously, the purpose of a contract is to bind the parties...

The terms of the contract are the obligations, conditions and provisions of the contract. Thus, they describe and control the conduct of...

A "formality" is a procedural requirement, imposed by the law, that has to be adhered to for a contract to be binding. Some examples of...

In the previous instalment of the series, we looked at one of two factors that might render a contract legally impossible; being...

The fourth requirement for a valid contract is legal possibility. This part of the series is very relevant and important for the music...

The third requirement for a valid contract is that the contract must be physically possible to perform (failing which it is void). A...

This is the second requirement for a valid contract. For the contract to be binding, the parties must have the legal capacity to bind...

In the previous article, we discussed at length, that the offer and acceptance must be communicated (and this could be done verbally, via...

As previously discussed in the second part of the series, there are certain requirements that need to be fulfilled in order for the...

Let's look at the word "agreement" in the definition (mentioned in the article in part 1 of the series). The most important element on...