Extract from How to...Negotiate a contract

In most areas of musical activity, musicians provide their services on a self-employed freelance basis, whether as a performing musician, teacher, recording artist, writer or producer. This means that generally speaking, they all operate under some form of service contract.


Service contracts can take many forms, ranging from something that is essentially a simple invoice with some additional terms and conditions, to a highly complex and lengthy agreement, such as a recording or publishing contract.


The main matters covered by a service contract are: the definition of the service and how long it will go on for; fee and payment conditions; and what happens when things go wrong (such as how the right to sue for damages, or the right to end the contract, might be triggered). On some level, all music contracts will also deal with ownership and control of copyrights and performers’ rights.


It is vital to have matters confirmed and agreed with clients or professional partners, whatever the situation. If left undecided, they can give rise to bitter and expensive arguments after the event.


Although in some circumstances contracts have been found to exist where the terms have not been written down, the ISM always recommends that you provide your services under a written contract. This resource introduces some basic tools to aid you in your negotiations. At the same time, remember that the ISM legal team is always here to support its members and offers drafting and negotiating contracts as a free service.


Reading the contract

Let us assume that you have been given a contract to sign. The first step is to block out some time in your diary to read through it thoroughly. Never allow yourself to be rushed or bullied into signing on the spot, or by the next day. Unless it’s a standard one-page contract (such as a recording session release form) and you feel experienced enough to check it quickly, you have every right to insist on taking your time. If you have not been given enough time then that is the other side’s problem, not yours. If you’re at all unsure you can refer it to a lawyer, for example one of the ISM in-house legal advisors.

Bear in mind that recording, publishing and management contracts should always contain a clause in which the artist confirms that they have taken independent legal advice in relation to the contract; and this will often be at the other side’s expense. It’s in the other side’s interest to do this – otherwise, the artist could later have the contract voided (‘set aside’ in legalese) on the basis that they were made to sign it under ‘undue influence’. No producer, publisher or manager wants to risk an expensive mistake like that.