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. ECR$$s 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 singer$$s 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

$15-35$ 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 ECR$$s 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

hip$-$hop without its consent.

Edward Robertson submitted his original song, $$One Month$,$ describing a crazy month$-$long love

triangle scenario. It$$s 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 $30$ 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 $10-18$ per

album.

This fact pattern obviously includes MORE issues than these two. Any issue you see should be drafted

into the contract. Spotting those issues is important and is needed to ensure there are no $$loose ends$.$

Other issues that may be important and need to be addressed in your contract: Non$-$compete, Non$-$

disclosure, Arbitration$/$Mediation Clause, Termination Clause$/$Agreements$,$ etc. Feel free to include

any clauses that help protect your client$$s position.

Use the sample contracts in the back of the course textbook to assist you in drafting the various

sections of your contract.

Each student is assigned a client, which is listed below. You will draft the contract to be in your

client$$s best interest while also making the deal attractive to the other party. Make sure that you

address any and all issues that you believe may come up$,$ are important, or that need to be addressed.

Ever Clear Records $($ECR$)$

$1.$ Keirsten Andress

$2.$ Jordan Awilow

$3.$ Shaquille Bennett

$4.$ Nathan Brewton

$5.$ Carson Caldwell

$6.$ Matt Collins

$7.$ Tsinina Ashley Cox

$8.$ Laylah Curran

$9.$ Anina Eicher

$10.$ Jessica Emerson

$11.$ Anne Love

$12.$ Samantha Lyszewski

$13.$ Kim Mcwatters

Edward Robertson

$1.$ Kristine Medina

$2.$ Evan Mosby

$3.$ Ryan Nolan

$4.$ Sara Owens

$5.$ Tate Patterson

$6.$ Hannah Penrose

$7.$ Trevor Pugh

$8.$ Gabriella Rowell

$9.$ Dawson Simmons

$10.$ Riley Smith

$11.$ Olivia Stanhope

$12.$ Gabrielle Taite

$13.$ Devin Yarbrough