The constant tussle between producers and artistes, singers and labels has inspired me to do this brief write up on contractual agreements. I am not a lawyer but I’ll just give you basic tips of what ‘to do’ and what ‘not to do’ regarding contracts and agreements.
First, what is a contract?
According to Encarta dictionary, a contract is simply a:
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“A contract is a legally binding agreement or relationship that exists between two or more parties to do or abstain from performing certain acts. A contract can also be defined as a legally binding exchange of promises between two or more parties that the law will enforce. For a contract to be formed an offer made must backed acceptance of which there must be consideration. Both parties involved must intend to create legal relation on a lawful matter which must be entered into freely and should be possible to perform.
An agreement is a form of cross reference between different parties, which may be written, oral and lies upon the honor of the parties for its fulfillment rather than being in any way enforceable.
Why do you need a contract? Why do you need to come up with and sign an agreement with a person or persons?
In a lay man’s term I’ll say;
It is more like a form of evidence that reveals whatever kind of relationship that exist between two parties (e.g business relationship). Also we come up and sign agreements so that promises are kept. And so many other business reasons that is of benefit to you and the other person.
Areas where contracts may come up in your music career are:
Record deals
Management Agreements
Live appearance agreement (shows)
Distribution deal (e.g a deal with a marketer) and others like;
Endorsements deals and other deals that require the use of your brand and music to promote a cause or a company’s product.
Before you sign a contract, here are some ‘Dos’ and ‘Don’ts’:
‘DON’T’
Don’t sign out of desperation so you don’t regret your action later. No matter how long you’ve being waiting for the opportunity. Weigh your options, re-evaluate the offer. Ask yourself, “Is this fair enough?”
Don’t sign immediately especially if you are just seeing the document for the first time. You could ask to take away your copy of the document for assimilation and proper understanding.
Don’t go on a serious ‘music business’ relationship without a proper agreement between you and the other person(s) involved.
‘DO’
If the document in your hand seem complicated to you or if the language is sounding strange to you then you might need a lawyer to help break down the legal jargons to your understanding.
Above all, I advice it is better to show your contract document to a lawyer for further criticism and advice.
Ask your lawyer to explain the legal jargons in the document if you don’t understand what they mean exactly. Please don’t ‘form’. This is a serious matter. Your lawyer is a lawyer-that’s his profession. You are a music artiste-that’s your profession.
And if the contract you are about to sign is an intense one then you might want to involve your lawyer in the whole ‘agree and sign’ process.
Remember that your lawyer is giving you ‘legal ADVICE’ and not enforcing matters on you. The final conclusion is your choice to make.
Hopefully later in the week, I’ll feature an entertainment lawyer to shed more light on contracts and agreements.
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