Producing and editing a masterwork of recorded music is actually a specialized art form. But so may be the entertainment lawyer’s act of drafting clauses, contracts, and contractual language generally. How might the art of the entertainment attorney’s legal drafting a clause or contract affect the musician, composer, songwriter, producer or other artist as a functional matter? Many artists think they’ll be “home free”, just the moment they are furnished a draft proposed record contract to sign from the label’s entertainment attorney, and then toss the proposed contract over for their own entertainment lawyer for what they hope will be a rubber-stamp review on all clauses. They’re wrong. And people who have ever received a label’s “first form” proposed contract are chuckling, right about now.
Must be U.S. record label forwards an artist its “standard form” proposed contract, doesn’t show that you ought to sign the draft contract blindly, or ask one’s Beaux ASMR lawyer to rubber-stamp the proposed agreement before signing it blindly. A number of label forms still used today are quite hackneyed, and have now been adopted as full text or individual clauses entirely or in part from contract form-books or the contract “boilerplate” of other or prior labels. From the Beaux Asmr attorney’s perspective, numerous label recording clauses and contracts actually read as if they were written in haste – just like Nigel Tufnel scrawled an 18-inch Stonehenge monument on a napkin in Rob Reiner’s “This Is Spinal Tap “.And if you should be an artist, film fan, and other entertainment lawyer, I bet do you know what happened to Tap as a result of that scrawl.
It stands to reason an artist and their Beaux asmr lawyer should carefully review all draft clauses, contracts, and other types forwarded to the artist for signature, prior to ever signing to them. Through negotiation, through the entertainment attorney, the artist may have the ability to interpose more precise and even-handed language in the contract ultimately signed, where appropriate. Inequities and unfair clauses aren’t the only things that have to be removed by one’s entertainment lawyer from an initial draft proposed contract. Ambiguities must be removed, before the contract may be signed as one.
For the artist or the artist’s asmr Beaux attorney to leave an ambiguity or inequitable clause in a signed contract, will be merely to leave a potential bad problem for a later day – particularly in the context of a signed recording contract which could tie up an artist’s exclusive services for most years. And remember, as an amusement lawyer with any longitudinal data with this item will show you, the artistic “life-span” of all artists is very short – meaning that the artist could tie up his / her whole career with one bad contract, one bad signing, as well as just one bad clause. Usually these bad contract signings occur prior to the artist seeks the advice and counsel of an activity attorney.
One seemingly-inexhaustible type of ambiguity that arises in clauses in entertainment contracts, is in the particular context of what I and other entertainment lawyers reference as an agreement “performance clause “.A non-specific commitment in a contract to perform, usually works out to be unenforceable. Consider these: