APDA.htm

Artist Producer Development Agreement

The Artist Producer Development Agreement FORM 13 is published by Billboard Publications Also known as "This Business of Music" It is written by Shemel Krasilo It is one of today's standard music industry books and forms used by attorneys and record executives world wide.

ARTIST PRODUCER DEVELOPMENT AGREEMENT

AGREEMENT Made this _____day of _________200 by and between John Doe hereinafter referred to as " PRODUCER " of 30 Music Square West Suite 103 Nashville, TN. 37203 and Mary and Bob Smith hereinafter referred to as the “ARTIST "

W I T N E S S E T H

In consideration of the mutual covenants herein contained, it is hereby agreed as follows;

1. Producer agrees to provide production services as an independent producer and the necessary studio facilities to Artist, for the immediate purpose of producing and exploiting a master demonstration record (“ master demo “) and for the further purpose of assisting in the development of the Artist's career.

Number 1. This is a demo in order to shop artist to other labels. The master demo can be turn into a master should a record deal develop.

2. Producer agrees to produce ( 3 or 4 ) songs on the recording Artist into a mixed, finished recording of each song, for a fee of $ _________ To be paid as follows, 50% of total amount of recording cost will be mandatory, the balance of $_______shall be paid by certified check on or before the recording session.

Number 2. The Fees will be based on 3 or 4 songs and is only the production cost. The producer in some cases waves his fee. It is mandatory to deposit 50% of the total due. When a producer calls the union players for a session, he is responsible to pay them. The deposit only shows that the artist is in good faith and is not taking advantage of the producer or his staff. The producer's job is to find material for the artist, booking the studio, securing musicians for the session that fits the artist style. The fees are paid for services rendered, "work for hire" and non-refunded. The producer does not pay for any production cost and does can not guarantee any success due to the very nature of the music business.

3. Artist and Producer ( parties ) agree to seek an exclusive artist/producer recording contract with a nationally distributed record company ( RECORDING CONTRACT ), providing for (a) a commitment of at least two (2) double-sided singles in the initial year and at least one (1) LP, or its equivalent, a year in not more than four (4) option years, and (b) a basic combined artist-producer royalty of not less than sixteen per cent (16% )of one hundred per cent (100%) of the retail selling price, subject to customary adjustments for tape, foreign, record clubs, budget records, container charges, etc.

Number 3 only takes place if the producer gets you signed to a label. If he does not get you signed, Castle Records may offer you a single record deal not less than described in number 3 above. The 16% of 100% of the retail selling price is subject to change as the music industry changes.

4. The parties shall share equally in all advances and royalties received under the Recording Contract, and under any alternate or substitute agreement. The shares shall be payable only after recoupment of all recording cost are paid to the artist or investors as described in paragraph 2, above of this agreement.

Number 4. If a label advances you and the producer a royalty ( Example ) $20,000.00 And your production cost is $6,000.00. The total amount that is divided in half is $14,000.00 between you and your producer, you would get your production cost of $6,000.00 plus $7,000.00 a total of $13,000.00 and the producer would get $7,000.00.

5. Artist agrees that producer will continue as Artist's Producer for the full term, including any exercised options, of the Recording Contract, and of any alternate or substituted agreements with respect to the Recording Contract.

Number 5. This section protects the producer. If the producer gets you signed he is entitled to stay on as your producer unless a mutual agreement is made between all parties at the signing.

6. Artist agrees to execute, at Producer's request, a Recording Contract which contain terms a and conditions no less favorable to the Artist than those set forth above.

Number 6. Applies to number 3 above. Should Castle Records offered you a record deal, it shall not be less than the percentage offered on the APDA.

7. In the event that Producer has not negotiated a Recording Contract within a period of ONE (1) YEAR from the date hereof, Artist shall have the right to terminate this contract by written notice by registered certified mail.

8 . The parties agree that the term of this agreement shall extend for the full term of the Recording Contract, as same may be extended through the exercise of options, and such term as extended of any alternate or substitute agreements. If an option is not exercised under any such agreement, the term of this agreement shall be deemed extended for an additional six (6) months for the purpose of obtaining an alternate or substitute agreement.

9. In the event that the parties are unable to obtain a Recording Contract within nine (9) months from the date of this agreement, Producer may authorize the release, on a regional or national basis, of any master demo produced under this agreement upon the minimum royalty and the participation terms of Paragraphs 2 and 3 hereof.

10. As to any composition written or controlled directly or indirectly by Artist which is recorded and released pursuant to the provisions hereof, Artist agrees to assign to producer a fifty percent (50%) undivided interest in Artist's interest in the copyright of the composition, as well as the sole and exclusive right to administer and protect both Parties, interest in the composition throughout the world, for the full life of the copyright. Producer will account to Artist, and pay Artist, semiannually within sixty (60) days after July 1 and December 31 of each year, fifty per cent (50%) of the net publisher's share actually received by Producer or its representative in the U.S.A. and remaining after deduction of writer royalties and other direct cost. If Artist is a writer of such a composition, Artist and Producer shall enter into a songwriter-publisher contract on the terms of The Songwriter's Guild minimum basic form contract.

Number 10. Only pertains to you if you are the song writer of the material being recorded. Because the producer has waved his producer fee or has out of pocket expenses. He shall administer at least 50% of the publishing rights of the song. This does not mean he will own any part of the writers rights. The writer maintains 100% writer and 50% Publishing. The Producer owns only 50% of the Publishing. If material is obtained by the producer, the material is owned by the publisher and the copyright owners of the material which has granted the producer the right to use said material as a master demo.

11. Producer agrees to be available for actual production services as an independent producer pursuant to this agreement. In the event of the Producer's disability or other unavailability for such services, any substitute for Producer must be mutually approved, which approval shall not be unreasonable withheld. The cost of any such substitute shall be charged against the participation of the Producer.

12. In the event of any unresolved controversy between the parties relating to this agreement, the parties shall submit the same to a single arbitrator for final determination under the then applicable rules of the American Arbitration Association in the city of Nashville, County of Davidson State of Tennessee, and judgment may be entered upon any such award in any court having jurisdiction.

Sometimes you have a misunderstanding between you and the producer. A lot of times this can be resolved by just talking it out. If not then the American Arbitration Association helps resolve the matter.

13. No breach of this agreement by either Party shall be deemed material, unless the other Party gives written notice of the breach by registered certified mail, and the recipient of the notice has failed to cure the breach within (30) days after the receipt of such notice.

A notice sent by registered certified mail, to the party that has a dispute. This puts the party on notice that he must respond and correct or cure the misunderstanding.

14 Producer shall account and pay royalties to Artist semiannually within (60) days after receipt from a record company pursuant to a Recording Contract. Receipts contemplated under Paragraph 9 above shall also be so accounted for.

` Number 14. Pertains to artist that the producer was able to secure a recording contract.

15. Artist shall have the right to audit the books and records of Producer, no more than once annually, upon reasonable written notice with respect to all matters hereunder, Audits shall be performed during business hours at Producer's offices by certified public accountant.

Number 15 Pertains to money received by producer to share with artist from a record company or assignment.

16. Artist agrees that because his or her services are unique and extraordinary and cannot be adequately compensated for in damages, Producer shall be entitled to injunctive relief, in addition to damages, to enforce the provisions of this agreement.

17. Producer may assign its rights under this agreement, in whole or in part, to any subsidiary, affiliated or controlling corporation or to any other assignee, provided that such assignment shall not relieve Producer of its obligations under this agreement. Producer may also assign its rights under this agreement to any of its licensees, in the ordinary course of business, to the extent necessary or appropriate, in Producer's sole discretion, to implement the license granted.

Number 17. If the producer does not have the right to assign his rights, then it would be hard for the producer to solicit an artist to a label. However the person he assigns this to must honor this agreement.

18. This agreement shall be deemed made in and shall be construed in accordance with the laws of the State of Tennessee.

19. This agreement may not be modified orally and shall not be binding until it is signed by both Parties hereto.

If you have any question regarding this contract feel free to contact Ed Russell or

Dave Sullivan Chief of A&R Dept. at 615-401-7111

IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written.

_____________________________________________ Date _______________

Artist Mary & Bob Smith

_____________________________________________ Date _______________

Producer John Doe