Common use of Recording Costs Clause in Contracts

Recording Costs. (a) The Record Company (or any third party Distributor selected by The Record Company), at its election and in its sole business judgment, may pay all specifically approved Recording Costs in connection with Master Recordings made hereunder, including but not limited to vocalists, musicians, arrangers, sketchers, conductors, orchestrators, producers, contractors, copyists, recording studios and other personnel selected by The Record Company in connection with the performances to be rendered by The Artist at all rehearsals and recording sessions hereunder. Additionally, The Record Company will pay all union scale payments required to be paid to The Artist in connection with Master Recordings hereunder. Further, The Record Company (or any third party Distributor selected by The Record Company), at its election and in its sole business judgment, may advance manufacturing, mastering, duplication, reproduction, packaging, promotional, marketing and advertising expenses in connection with such Master Recordings and resulting Phonograph Records. Such payments, together with payroll taxes thereon, payments based on payroll to any labor organization or designee thereof, the cost of carriage and rental of instruments for such recording sessions, studio costs and all other costs incurred in producing or acquiring completed masters hereunder, shall be deemed additional, fully recoupable advances to The Artist and shall be deducted from any and all royalties payable to The Artist by The Record Company under this or any other agreement between The Artist and The Record Company, its parent, divisions, affiliates, distributors and/or subsidiaries. In the event that The Artist should delay the commencement or completion of, or be unavailable for, any recording session hereunder, The Record Company shall have the right to charge The Artist 5. for all expenses actually incurred by The Record Company by reason thereof. Also, should Artist breach this Agreement, upon such breach, The Record Company shall have the right to collect immediate reimbursement from Artist for all expenses and costs incurred by Record Company on behalf of Artist.

Recording Costs. 4.1 The budget for the Recording Costs to be incurred in respect of any Audio Material including for avoidance of doubt in respect of any remixes, enhanced formats and special effects (ae.g. for a so-called hidden track) The Record Company (or any third party Distributor selected by The Record Company“the Recording Budget”) shall be Mutually Agreed and shall be sufficient to enable Artist (acting reasonably) to record the applicable Recording Commitment and shall include a ***per cent (***%) contingency. For the First Album (only), at its election and in its sole business judgment, may a Recording Budget of *** pounds (£***) per Track is confirmed as Mutually Agreed. A copy of each Recording Budget shall after being Mutually Agreed be made available by Company to the Authorised Representative PROVIDED THAT inadvertent failure to do so shall not constitute a breach of this Agreement. Company shall pay all specifically approved the Recording Costs in connection with Master Recordings made hereunder, including but not limited the making of Audio Material up to vocalists, musicians, arrangers, sketchers, conductors, orchestrators, producers, contractors, copyists, recording studios and other personnel selected the relevant Recording Budget. An amount equal to all such Recording Costs shall be treated as a non-returnable advance recoupable from the Royalty. If the Recording Budget is exceeded by The Record reason of Contractor’s and/or Artist’s wilful or negligent act or default then Company in connection with the performances to be rendered by The Artist at all rehearsals and recording sessions hereunder. Additionally, The Record Company will pay all union scale payments required to be paid to The Artist in connection with Master Recordings hereunder. Further, The Record Company (or any third party Distributor selected by The Record Company), at its election and in its sole business judgment, may advance manufacturing, mastering, duplication, reproduction, packaging, promotional, marketing and advertising expenses in connection with such Master Recordings and resulting Phonograph Records. Such payments, together with payroll taxes thereon, payments based on payroll deduct an amount equal to any labor organization or designee thereof, the cost of carriage and rental of instruments for such recording sessions, studio costs and all other costs incurred in producing or acquiring completed masters hereunder, shall be deemed additional, fully recoupable advances to The Artist and shall be deducted excess Recording Costs paid by Company from any sums due and all royalties payable becoming due to The Artist by The Record Company under this or any other agreement between The Artist and The Record Company, its parent, divisions, affiliates, distributors and/or subsidiaries. In the event that The Artist should delay the commencement or completion of, or be unavailable for, any recording session Contractor hereunder, The Record . 4.2 Company shall have no obligation to continue or permit the right continuation of any recording if Company reasonably anticipates that the Recording Commitment will not be completed or fulfilled within 110% of the Recording Budget due to charge The any Producer’s or to Contractor’s or Artist’s negligence or default. 5. for all expenses actually incurred by The Record Company by reason thereof. Also, should 4.3 Contractor shall not and Contractor shall procure that Artist breach this Agreement, upon such breach, The Record Company shall have the right not incur nor purport to collect immediate reimbursement from Artist for all expenses and incur any costs incurred by Record Company on behalf of ArtistCompany without Company’s specific prior written approval.

Recording Costs. (a) The Record Company (or any third party Distributor selected by The Record Company), at its election and in its sole business judgment, may pay all specifically approved Recording Costs in connection with Master Recordings made hereunder, including but not limited to vocalists, musicians, arrangers, sketchers, conductors, orchestrators, producers, contractors, copyists, recording studios and other personnel selected by The Record Company in connection with the performances to be rendered by The Artist at all rehearsals and recording sessions hereunder. Additionally, The Record Company will pay all union scale payments required to be paid to The Artist in connection with Master Recordings hereunder. Further, The Record Company (or any third party Distributor selected by The Record Company), at its election and in its sole business judgment, may advance manufacturing, mastering, duplication, reproduction, packaging, promotional, marketing and advertising expenses in connection with such Master Recordings and resulting Phonograph Records. Such payments, together with payroll taxes thereon, payments based on payroll to any labor organization or designee thereof, the cost of carriage and rental of instruments for such recording sessions, studio costs and all other costs incurred in producing or acquiring completed masters hereunder, shall be deemed additional, fully recoupable advances to The Artist and shall be deducted from any and all royalties payable to The Artist by The Record Company under this or any other agreement between The Artist and The Record Company, its parent, divisions, affiliates, distributors and/or subsidiaries. In the event that The Artist should delay the commencement or completion of, or be unavailable for, any recording session hereunder, The Record Company shall have the right to charge The Artist 5. Artist for all expenses actually incurred by The Record Company by reason thereof. Also, should Artist breach this Agreement, upon such breach, The Record Company shall have the right to collect immediate reimbursement from Artist for all expenses and costs incurred by Record Company on behalf of Artist. (b) Nothing contained in this Agreement shall obligate The Record Company to permit the continuation of any recording session to be held in connection with Master Recordings hereunder, if The Record Company anticipates that the Master Recordings being recorded will not be technically or commercially satisfactory.