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Draft a contract for ECR. There are two parties in this case: Ever Clear Records ( ECR ) and Edward Robertson. Edward Robertson is an
Draft a contract for ECR. There are two parties in this case: Ever Clear Records ECR and Edward Robertson. Edward
Robertson is an aspiring rock singer who specializes in absurd goofy, or even nonsensical songs. At
the present time, he is a solo artist, but may want to incorporate a travelling band with him, with
Edward being the front man.
ECR is a record label that is engaged in the business of distributing of music and talent management.
ECR takes songs written and sung by its artists and then ensures maximum distribution of those songs
to radio stations, DJs movie and commercial use, etc. ECRs business ensures that it maintains control
over the sale and distribution of all songs written by its artists. It also coordinates, manages, and
controls all aspect of live tours as well, so that all income derived from the singers name, brand, and
songs runs through ECR. This is the standard operating practice in the music industry.
ECR takes a royalty from all revenue generated by its artists. That royalty ranges anywhere from
percent. The better the artist, the lower the royalty.
ECR invites any artist to submit a demo tape for review. If executives at ECR like what they hear,
they invite the artist to perform in their studios. At that point, ECR then makes a formal offer to the
artist for management and control over their music. The artist may use ECRs production facility at an
additional cost to the artist in the form of a higher royalty or the artist may use their own facility, so
long as the music produced is high quality sound production. The artist writes and makes their own
songs ECR does not make music. However, ECR does maintain a say in the kind of music the artist
produces. If the artist originally signs up as a country artist, ECR will not allow that artist to switch to
hiphop without its consent.
Edward Robertson submitted his original song, One Month describing a crazy monthlong love
triangle scenario. Its fun and clean and ECR really likes what they hear. They believe that Edward
has the ability to be one of their best ever artists and they tell Edward as much. They offer Edward a
deal. Edward tells ECR truthfully that he already has a deal on the table with New Radical Records
where he will give them percent of his revenue.
There are two main items that need to be addressed in your proposed contract. One the amount of the
royalty. The second is the number of songs that must be produced. It is fairly common in the industry
for artists and record labels to negotiate how many songs and how many albums must be produced and
within what time period. ECR wants as many songs as possible and they would love five albums in
two years. Edward thinks that is too much he only wants two albums in two years. They are also
willing to negotiate the actual number of total songs produced. Edward would agree to more albums if
each album contains fewer songs. The average number of songs per album is anywhere from per
album.
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