RECORDING PROCEDURES. (a) You shall designate and submit to us for our approval the producer of each of the Masters, the Musical Compositions or other Selections which shall be embodied in those Masters, all other individuals rendering services in connection with the recording of those Masters, the studios at which those Masters shall be recorded, and the dates of recording of those Masters (collectively referred to as "Recording Elements"). You shall also prepare and submit to us for our approval, a proposed budget for all "Recording Costs" (as defined below) setting forth in such detail as is reasonably required by us all costs and expenses to be paid or incurred for the production, recording and delivery to us of the Masters ("Recording Budget"). No recording sessions shall be commenced nor shall any commitments be made or costs incurred hereunder with respect to any Masters unless and until we shall have approved in writing each Recording Element and the Recording Budget for those Masters. If we shall disapprove of any Recording Element submitted by you or of the Recording Budget submitted by you, then our decision (including, at our election, our designation of the Recording Budget or of one (1) or more Recording Elements in substitution for the Recording Budget or any Recording Elements submitted by you and disapproved by us) shall be final; (b) You shall furnish to us at such times as we shall require all union contract forms, report forms, invoices and other information that we shall require so that we promptly may pay all Recording Costs, otherwise comply with any of our obligations in connection with the Masters, release Phonograph Records embodying the Masters and otherwise exploit the Masters; (c) At our election, recording sessions for the Masters shall be conducted under our or our designee's recording license; (d) Our representatives may attend recording sessions for the Masters; (e) You shall deliver to us the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to us concurrently, or, at our election, maintained at a recording studio or other location designated by us, in our name and subject to our control. Each Master shall be subject to our approval as commercially and technically satisfactory for the manufacture and sale of Phonograph Records, and, upon our request, you shall re-record any Musical Composition or other Selection until a Master that is commercially and technically satisfactory to us shall have been obtained; (f) Each Master shall embody your vocal and instrumental performances as the sole featured artist of a single Musical Composition and shall be newly-recorded in its entirety in a recording studio. Accordingly, no Masters shall be recorded in whole or in part at live concerts or other live performances. Each Required Album shall embody recordings of no fewer than ten (10) and no more than thirteen (13)
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RECORDING PROCEDURES. 4.01 Notwithstanding anything to the contrary contained herein or in the BMG Agreement, Company and you shall mutually approve all recording personnel (a) You shall designate and submit to us for our approval the producer of each of the Mastersincluding producers), the Musical Compositions or other Selections which (including medleys), the studios, the recording dates and a detailed recording budget (collectively, the Recording Elements") subject to the terms and conditions set forth in the BMG Agreement.
(a) As and when required by Company, you shall allow Company's representatives to attend any or all recording sessions hereunder.
(b) You shall timely supply Company with all of the information Company needs in order to prepare to release Phonograph Records derived from such Masters.
(i) All Masters shall be embodied in those Masters, recorded under BMG's current Phonograph Record Labor Contract with the AFM; all other individuals rendering musicians who render services in connection with the recording of those Masterssuch Masters (including instrumentalists, if any) will be paid by You, the studios at which those scale set forth in the said Labor Contract; and You shall pay the required contributions to the Pension Welfare Fund.
(ii) All AFTRA members whose performances are embodied in the Masters shall will be recorded, and paid by You the dates rates applicable under the current AFTRA Code of recording of those Masters (collectively referred to as "Recording Elements")Fair Practices for Phonograph Recordings. You shall also prepare pay to the AFTRA Pension and submit to us for our approval, a proposed budget for all "Recording Costs" (as defined below) setting forth in such detail as is reasonably Welfare Fund any contribution required by us all costs and expenses to be paid or incurred made under the AFTRA Code based on compensation to other performers whose performances are embodied on the applicable Masters recorded hereunder.
(iii) The foregoing representations and warranties are included for the productionbenefit, recording and delivery to us respectively, of the Masters ("Recording Budget"). No recording sessions shall be commenced nor shall any commitments be made or costs incurred hereunder with respect to any Masters unless and until we shall have approved in writing each Recording Element AFM, AFTRA, and the Recording Budget for those Masters. If we shall disapprove of any Recording Element submitted AFM and AFTRA members whose performances are embodied in the applicable Masters and may be enforced by you AFM and/or AFTRA or of their respective designees, as the Recording Budget submitted case may be, and by you, then our decision (including, at our election, our designation of the Recording Budget or of one (1) or more Recording Elements in substitution for the Recording Budget or any Recording Elements submitted by you and disapproved by us) shall be final;Company.
(biv) You shall furnish or shall cause the applicable Producer to us at such times as we shall require furnish Company with copies of all union contract forms, report forms, invoices and other information that we shall require so that we promptly may pay all Recording Costs, otherwise comply with any of our obligations in connection with the Masters, release Phonograph Records embodying the Masters and otherwise exploit the Masters;contracts and/or union session reports.
(c) At our election, recording sessions for the Masters shall be conducted under our or our designee's recording license;
(d) Our representatives may attend recording sessions for the Masters;
(ea) You shall deliver to us Company the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to us Company concurrently, or, at our Company's election, maintained at a recording studio or other location designated by usCompany, in our Company's name and subject to our Company's control. Each Master shall be subject to our Company's approval as commercially and technically satisfactory for the manufacture and sale of Phonograph Records, and, upon our requestCompany's request and at Your sole expense, you shall re-record any Musical Composition or other Selection until a Master satisfactory to Company has been obtained; provided, however, that all of the Recording Elements associated with such additional Selections or re-recordings shall be subject to the mutual approval of Company and You. Any Masters which are not accepted by Company or not deemed satisfactory or otherwise not deemed Delivered hereunder shall be considered "outtakes".
(b) In addition to Your Delivering to Company those elements, parts and the like as described in Paragraph 8.b. of the BMG Agreement, You shall Deliver to Company fully mixed, edited, and unequalized and equalized Masters (including but not limited to a final two-track equalized tape copy), satisfactory to Company for its manufacture and sale of Phonograph Records, and all original and duplicate Masters of the material recorded, together with (i) the multi-track tape and one (1) safety copy
(ii) all necessary licenses and permissions; (iii) all materials required to be furnished by you to Company for use in the packaging and marketing of the Records, including without limitation, complete "label copy" information with respect to such Masters; such "label copy" shall include, without limitation (A) the title, recording dates, timing, publisher(s) songwriter(s), performer(s) and composer(s) of each musical composition embodied on the Masters; (B) the producer(s) thereof; and (C) any other credit and information that is commercially to appear on the labels, liners and technically satisfactory packaging of Records embodying such Masters; (iv) all "sideman" and any third party clearances and consents, including, without limitation, all written consents in connection with Embodied Copyrighted Materials (as defined in paragraph 13.04(a) below); (v) all mechanical and first-use licenses for each musical composition embodied in the Masters at the rate specified herein; and (vii) all liner notes, approved artwork, and credits for all configurations of records. Notwithstanding anything to us the contrary contained herein, any remixing or remastering or tape duplication(s) that may occur solely at the request of Company after the Delivery of the Masters shall have been obtained;be nonrecoupable hereunder, unless You or Artist agree otherwise.
(f) 4.04 Each Master shall embody your vocal and instrumental performances the Artist's performance as the sole featured artist of a single Musical Composition previously unrecorded by the Artist and shall be newly-recorded in its entirety in a recording studiostudio or in such a recording facility and with such recording equipment as may be reasonably approved by Company. Accordingly, no No Masters shall be recorded in whole or in part at live concerts or other live performancesperformances unless an authorized officer of Company agrees to the contrary in writing. Each Required Committed Album shall embody recordings of no fewer than thirty five (35) minutes in playing time and containing no fewer than ten (10) Musical Compositions unless Company otherwise agrees to the contrary in writing. You shall not record or deliver hereunder, nor shall Company be obligated to accept, Masters constituting a Multiple Album. However, if You shall do so and no more than thirteen Company shall accept those Masters hereunder, then, at Company's election, for the purpose of calculating the number of Masters recorded and delivered hereunder, those Masters shall be deemed to be only one (131) Album.
4.05 Any Masters which are not recorded or delivered in all respects in accordance with the terms hereof shall not, unless Company otherwise consents in writing, apply towards the fulfillment of your Recording Commitment. Furthermore, if Company shall make any payments on Your behalf with Your prior approval or which are a part of the approved Recording Elements or approved Recording Budget with respect to any Master, you shall, within sixty (60) days of Company's demand, pay to Company the amount thereof and Company may, without limiting Company's other rights and remedies, deduct that amount from any monies payable by Company hereunder.
4.06 If you or the Artist shall for any reason whatsoever except for a verified medical reason (excluding any illness related to drugs, alcohol or any self-induced or personally exacerbated cause, and otherwise subject to the terms hereof, including without limitation paragraph 17) delay the commencement of or be unavailable for any recording sessions for the Masters, you shall, within sixty (60) days following Company's demand, pay Company an amount equal to the expenses or charges paid or incurred by Company by reason thereof. Company may, without limiting Company's other rights and remedies, deduct that amount from any monies payable by Company hereunder.
4.07 Company may, at its election, discontinue any recording sessions for the Masters if in Company's judgment the Masters being produced will not be satisfactory; provided, however, that prior to discontinuing any such recording sessions, Company agrees to consult with You and Artist with the goal of agreeing to viable alternatives (including, but not limited to the recording of additional or other selections, etc.).
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RECORDING PROCEDURES. (a) You shall designate and submit to us for our approval (which we shall not unreasonably withhold) the producer of each of the Masters, the Musical Compositions or other Selections which shall be embodied in those Masters, all other individuals rendering services in connection with the recording of those Masters, the studios at which those Masters shall be recorded, and the dates of recording of those Masters (collectively referred to as "Recording Elements"). You shall also prepare and submit to us for our approval, which we shall not unreasonably withhold, a proposed budget for all "Recording Costs" (as defined below) setting forth in such detail as is reasonably required by us all costs and expenses to be paid or incurred for the production, recording and delivery to us of the Masters ("Recording Budget"). No recording sessions shall be commenced nor shall any commitments be made or costs incurred hereunder with respect to any Masters unless and until we shall have approved in writing each Recording Element and the Recording Budget for those Masters. If we shall disapprove of any Recording Element submitted by you or of the Recording Budget submitted by you, then our decision (including, at our election, our designation of the Recording Budget or of one (1) or more Recording Elements in substitution for the Recording Budget or any Recording Elements submitted by you and disapproved by us) shall be final;
(b) You shall furnish to us at such times as we shall require all union contract forms, report forms, invoices and other information that we shall require so that we promptly may pay all Recording Costs, otherwise comply with any of our obligations in connection with the Masters, release Phonograph Records embodying the Masters and otherwise exploit the Masters;
(c) At our election, recording sessions for the Masters shall be conducted under our or our designee's recording license;
(d) Our representatives may attend recording sessions for the Masters;
(e) You shall deliver to us the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to us concurrently, or, at our election, maintained at a recording studio or other location designated by us, in our name and subject to our control. Each Master shall be subject to our approval as commercially and technically satisfactory for the manufacture and sale of Phonograph Records, and, upon our request, you shall re-record any Musical Composition or other Selection until a Master that is commercially and technically satisfactory to us shall have been obtained. Except with respect to the Masters constituting the First Album, each Master shall be deemed to be commercially satisfactory if that Master is substantially consistent in artistic quality and form with your musical performances recorded in Masters previously delivered to and accepted by us in fulfillment of your Recording Commitment;
(f) Each Master shall embody your vocal and instrumental performances as the sole featured artist of a single Musical Composition and shall be newly-recorded in its entirety in a recording studio. Accordingly, no Masters shall be recorded in whole or in part at live concerts or other live performances. Each Required Album shall embody recordings of no fewer than ten (10) and no more than thirteen (13)
Appears in 1 contract
RECORDING PROCEDURES. (a) You shall designate and submit to us for our approval the producer of each of the Masters, the Musical Compositions or other Selections which shall be embodied in those Masters, all other individuals rendering services in connection with the recording of those Masters, the studios at which those Masters shall be recorded, and the dates of recording of those Masters (collectively referred to as "Recording Elements"). You shall also prepare and submit to us for our approval, a proposed budget for all "Recording Costs" (as defined below) setting forth in such detail as is reasonably required by us all costs and expenses to be paid or incurred for the production, recording and delivery to us of the Masters ("Recording Budget"). No recording sessions shall be commenced nor shall any commitments be made or costs incurred hereunder with respect to any Masters unless and until we shall have approved in writing each Recording Element and the Recording Budget for those Masters. If we shall disapprove of any Recording Element submitted by you or of the Recording Budget submitted by you, then our decision (including, at our election, our designation of the Recording Budget or of one (1) or more Recording Elements in substitution for the Recording Budget or any Recording Elements submitted by you and disapproved by us) shall be final;
(b) You shall furnish to us at such times as we shall require all union contract forms, report forms, invoices and other information that we shall require so that we promptly may pay all Recording Costs, otherwise comply with any of our obligations in connection with the Masters, release Phonograph Records embodying the Masters and otherwise exploit the Masters;
(c) At our election, recording sessions for the Masters shall be conducted under our or our designee's recording license;
(d) Our representatives may attend recording sessions for the Masters;
(e) You shall deliver to us the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to us concurrently, or, at our election, maintained at a recording studio or other location designated by us, in our name and subject to our control. Each Master shall be subject to our approval as commercially and technically satisfactory for the manufacture and sale of Phonograph Records, and, upon our request, you shall re-record any Musical Composition or other Selection until a Master that is commercially and technically satisfactory to us shall have been obtained;
(f) Each Master shall embody your Artist's vocal and instrumental performances as the sole featured artist of a single Musical Composition and shall be newly-recorded in its entirety in a recording studio. Accordingly, no Masters shall be recorded in whole or in part at live concerts or other live performances. Each Required Album shall embody recordings of no fewer than ten (10) and no more than thirteen (13)
Appears in 1 contract
RECORDING PROCEDURES. (a) You shall designate and submit to us for your and our mutual approval the producer of each of the Masters, the Musical Compositions or other Selections which shall be embodied in those Masters, all other individuals rendering services in connection with the recording of those Masters, the studios at which those Masters shall be recorded, and the dates of recording of those Masters (collectively referred to as "Recording Elements"). You shall also prepare and submit to us for our approval, approval a proposed budget for all "Recording Costs" (as defined below) setting forth in such detail as is reasonably required by us all costs and expenses to be paid or incurred for the production, recording and delivery to us of the Masters ("Recording Budget"). No recording sessions shall be commenced nor shall any commitments be made or costs incurred hereunder with respect to any Masters unless and until we shall have approved in writing each Recording Element and the Recording Budget for those Masters. If we shall disapprove of any Recording Element submitted by you or of the Recording Budget submitted by you, then our decision (including, at our election, our designation of the Recording Budget or of one (1) or more Recording Elements in substitution for the Recording Budget or any Recording Elements submitted by you and disapproved by us) shall be final;
(b) You shall furnish to us at such times as we shall require all union contract forms, report forms, invoices and other information that we shall require so that we promptly may pay all Recording Costs, otherwise comply with any of our obligations in connection with the Masters, release Phonograph Records embodying the Masters and otherwise exploit the Masters;
(c) At our election, recording sessions for the Masters shall be conducted under our or our designee's recording license;
(d) Our representatives may attend recording sessions for the Masters. The costs paid or incurred by our representatives to attend recording sessions for the Masters shall be borne solely by us and shall not be recoupable from royalties earned by you hereunder;
(e) You shall deliver to us the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to us concurrently, or, at our election, maintained at a recording studio or other location designated by us, in our name and subject to our control. Each Master shall be subject to our approval as commercially and technically satisfactory for the manufacture and sale of Phonograph Records, and, upon our request, you shall re-record any Musical Composition or other Selection until a Master that is commercially and technically satisfactory to us shall have been obtained;
(f) Each Master shall embody your vocal and instrumental performances as the sole featured artist of a single Musical Composition and shall be newly-recorded in its entirety in a recording studio. Accordingly, no Masters shall be recorded in whole or in part at live concerts or other live performances. Each Required Album shall embody recordings of no fewer than ten (10) and no more than thirteen (13)
Appears in 1 contract