Sample Work For Hire Agreement

by John Brahenys Website Archive on The Craft & Business of Songwriting

Note: This is a sample agreement and may not apply to your

specific situation. Always have an experienced music attorney
check your agreements before using them.
WORK FOR HIRE AGREEMENT
This agreement is entered into as of this ______ day of ___________, 20____,
by and between _____________________ (hereinafter referred to as Artist)
and _________________________ (hereinafter referred to as Musician). The
parties hereby agree as follows:
1. Artist hereby engages Musicians services and Musician hereby accepts
such engagement to perform, without limitation, at rehearsal sessions and
phonograph recording sessions for the purpose of creating the following
master/demo recordings :
Musician agrees to diligently, competently and to the best of Musicians
ability experience and talent perform to Artists satisfaction all of the
services required of Musician hereunder.
2. Conditioned upon Musicians full and faithful performance of all the
terms and provisions hereof, Artist shall pay Musician the sum of
$_______________ per [track/session/hour] as full and complete consideration
for Musicians services hereunder. Musician acknowledges that this
agreement (and your services and the services of anyone else hereunder) is
not subject to any collective bargaining agreements since Artist is not a
party to any collective bargaining agreements that might be applicable to
the type of services provided herein
3. Musician agrees that his/her performances shall be considered as works
made for hire as contemplated and defined in Section 101 of the United
States Copyright Act of 1976. Musician hereby grants to Artist all rights of
every kind and nature in and to the results and proceeds of Musicians
services and performances rendered hereunder, including, without
limitation, the complete, unconditional and exclusive worldwide ownership
in perpetuity of any and all recordings and audiovisual reproductions
embodying Musicians performances hereunder. Artist shall accordingly
have the sole and exclusive right to copyright any such recordings or

audiovisual reproductions embodying Musicians performances under

Artists name as the sole owner and author thereof.
4. Musician hereby grants to Artist the worldwide right in perpetuity to use
and publish and to permit others to use and publish Musicians name,
likeness, voice and other biographical material in connection with
Musicians services and performances hereunder.
5. Artist shall use best efforts to credit Musician as performing on the
recordings herein in the event such recordings are released for sale to the
public and shall place Musicians name on the cover, sleeve, jacket or insert
of the recording as part of any list of musical works. No casual or
inadvertent failure by Artist and no failure by or of any third party to accord
the requisite credit herein shall be deemed a breach of this agreement.
6. Musician hereby warrants, represents, and agrees that Musician is not
under any disability, restriction, or prohibition, whether contractual or
otherwise with respect to Musicians right to execute this contract, to grant
the rights granted hereunder, to perform each and every term and
provision required to be performed by Musician hereunder. No materials,
ideas or other properties furnished by Musician and utilized by Artist will
violate or infringe upon any common law or statutory right of any person,
firm, corporation, including without limitation contractual rights, copyrights
and rights of privacy and/or publicity. Musician shall hold Artist harmless
and hereby agrees to indemnify Artist for all costs in connection with any
breach of the above warranties and representations.
7. Musician fully understands that Artist would not have employed
Musician without an agreement on Musicians part to give, grant, release
and assign to it all rights of every kind in and to the work performed by
Musician for Artist, together with all results thereof and incidental thereto.
7. Musician acknowledges and agrees that nothing in this agreement shall
obligate Artist to employ or otherwise engage Musicians services in
connection with any other recording agreement.
8. Musician acknowledges and agrees that if she provides musical
equipment or other property of any nature in connection with services
required hereunder, Artist shall not be liable for any loss or damage to such
equipment or property.
9. This agreement sets forth the entire understanding of the parties hereto
relating to the subject matter hereof and supersedes all prior and
contemporaneous negotiations, understandings and discussions. No

modification, amendment, waiver, termination or discharge of this

agreement or any of its terms or provisions shall be binding upon either
party if not confirmed by a written instrument signed by Artist and
Musician.
10. Any and all disputes between the parties arising under and/or relating
to this agreement shall be determined in accordance with the laws and the
courts of the State of California.
IN WITNESS WHEREOF, the parties have executed this agreement on the
date first written above.
________________ (Artist)
________________________
(Musician)
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The Following are two additional optional clauses in case someone actually
wants to split some percentages From the Master Use half with their
musicians or singers.
2a. Not withstanding the foregoing, in the event that the recording
embodying Musicians performance is licensed for synchronization with an
audiovisual production for which Artist receives a fee for Master Use,
Musician will receive ________ percent of 50% of the total of combined
Synchronization and Master Use fee received by the Artist or ________
percent of 100% of the Master Use fee (if paid separately)received by Artist.
2b. Furthermore, if Artist signs a contract with a major recording company
and the recording embodying Musicians performance is released by that
company pursuant to the recording agreement, and the provisions of
paragraph 2, above, notwithstanding, Artist shall use best efforts to cause
the company to pay Musician the difference between what Musician has
already been paid and the American Federation of Musicians session scale.