Common use of RECORDING PROCEDURES Clause in Contracts

RECORDING PROCEDURES. (a) During the term of this agreement, The Artist shall make Master Sound Recordings at recording sessions in studios at times and places designated by The Record Company, with such musicians and other performers as will be designated by The Record Company, after consultation with The Artist. Further, The Artist shall participate and be consulted in good faith by The Record Company in regard to all creative and technical decisions in connection with the production of phonograph records hereunder, including but not limited to the selection of material and musical compositions, the number such compositions to be recorded, specification of accompaniment, sequencing of musical compositions, selection and licensing of pre-recorded "samples", arrangement and copying services, the selection of a qualified studio producer, and selection of dates of recording and studios where recording is to take place. However, it is specifically agreed and understood that the final word in regard to all such creative and technical decisions shall rest solely and exclusively with The Record Company. (b) Solely for the purposes of any applicable United States copyright law, all studio producers, engineers, technicians and other persons rendering services in connection with the recording of such Master Recordings shall be deemed to be, and shall be contracted for as "employees for hire" by The Record Company. (c) During the Initial Contract Period of this agreement, and during each option period, it is specifically agreed and understood that The Artist shall perform for the recording of Masters for delivery to The Record Company those Masters (the "Recording Commitment") necessary to satisfy the following schedule: (i) CONTRACT PERIOD RECORDING COMMITMENT Initial Contract Period 1 Album First Option Period 1 Album Second Option Period 1 Album Third Option Period 1 Album Possible Fourth Option Period 1 Album (ii) The Artist shall not deviate from the performance and delivery schedule specified in Section 4 (c) (i), above, without The Record Company's written consent; timely delivery as provided therein shall be deemed a material obligation hereunder. The Artist further agrees not to commence the recording of any Master hereunder without The Record Company's prior approval. The albums will consist entirely of Masters made in the course of the then current single or album recording project unless agreed to by The Record Company. (iii) In its sole discretion, The Record Company may, during the Initial Contract Period or any subsequent Option Period, release Master Recordings made by The Artist hereunder in configurations other than "albums" (as defined below), including but not limited to 12" singles, 45 rpm singles, single cassettes, mini discs, or "EPs". The Record Company's release of The Artist's Master Recordings in such configurations may, in The Record Company's sole discretion, work toward satisfaction of the Artist's "Recording Commitment" as described in Section 4 (c) (i), above.

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 (including producers), the Musical Compositions or other Selections (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) During the term of this agreementAs and when required by Company, The Artist you shall make Master Sound Recordings at allow Company's representatives to attend any or all recording sessions in studios at times and places designated by The Record Company, with such musicians and other performers as will be designated by The Record Company, after consultation with The Artist. Further, The Artist shall participate and be consulted in good faith by The Record Company in regard to all creative and technical decisions in connection with the production of phonograph records hereunder, including but not limited to the selection of material and musical compositions, the number such compositions to be recorded, specification of accompaniment, sequencing of musical compositions, selection and licensing of pre-recorded "samples", arrangement and copying services, the selection of a qualified studio producer, and selection of dates of recording and studios where recording is to take place. However, it is specifically agreed and understood that the final word in regard to all such creative and technical decisions shall rest solely and exclusively with The Record Company. (b) Solely for You shall timely supply Company with all of the purposes of any applicable United States copyright law, information Company needs in order to prepare to release Phonograph Records derived from such Masters. (i) All Masters shall be recorded under BMG's current Phonograph Record Labor Contract with the AFM; all studio producers, engineers, technicians and other persons rendering musicians who render services in connection with the recording of such Master Recordings shall be deemed to be, and shall be contracted for as "employees for hire" by The Record Company. (c) During the Initial Contract Period of this agreement, and during each option period, it is specifically agreed and understood that The Artist shall perform for the recording of Masters for delivery to The Record Company those Masters (including instrumentalists, if any) will be paid by You, the "Recording Commitment") necessary scale set forth in the said Labor Contract; and You shall pay the required contributions to satisfy the following schedule: (i) CONTRACT PERIOD RECORDING COMMITMENT Initial Contract Period 1 Album First Option Period 1 Album Second Option Period 1 Album Third Option Period 1 Album Possible Fourth Option Period 1 AlbumPension Welfare Fund. (ii) The Artist shall not deviate from the performance and delivery schedule specified in Section 4 (c) (i), above, without The Record Company's written consent; timely delivery as provided therein shall be deemed a material obligation hereunder. The Artist further agrees not to commence the recording of any Master hereunder without The Record Company's prior approval. The albums will consist entirely of Masters made All AFTRA members whose performances are embodied in the course Masters will be paid by You the rates applicable under the current AFTRA Code of Fair Practices for Phonograph Recordings. You shall also pay to the then current single or album recording project unless agreed AFTRA Pension and Welfare Fund any contribution required to by The Record Companybe 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 benefit, respectively, of the AFM, AFTRA, and the AFM and AFTRA members whose performances are embodied in the applicable Masters and may be enforced by AFM and/or AFTRA or their respective designees, as the case may be, and by Company. (iv) You shall furnish or shall cause the applicable Producer to furnish Company with copies of all union contracts and/or union session reports. (a) You shall deliver to Company the Masters promptly after their completion. All original session tapes and any derivatives or reproductions thereof shall be delivered to Company concurrently, or, at Company's election, maintained at a recording studio or other location designated by Company, in Company's name and subject to Company's control. Each Master shall be subject to Company's approval as satisfactory for the manufacture and sale of Phonograph Records, and, upon Company'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 its sole discretionaddition to Your Delivering to Company those elements, The Record parts and the like as described in Paragraph 8.b. of the BMG Agreement, You shall Deliver to Company mayfully mixed, during the Initial Contract Period or any subsequent Option Periodedited, release Master Recordings made by The Artist hereunder in configurations other than "albums" and unequalized and equalized Masters (as defined below), including but not limited to 12a 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" singlesinformation with respect to such Masters; such "label copy" shall include, 45 rpm singleswithout limitation (A) the title, single cassettesrecording dates, mini discstiming, 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 to appear on the labels, liners and 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 the contrary contained herein, any remixing or "EPs". The Record Company's release remastering or tape duplication(s) that may occur solely at the request of The Artist's Company after the Delivery of the Masters shall be nonrecoupable hereunder, unless You or Artist agree otherwise. 4.04 Each Master Recordings in such configurations may, in The Record Company's sole discretion, work toward satisfaction of shall embody the Artist's "performance as the sole featured artist of a single Musical Composition previously unrecorded by the Artist and shall be recorded in its entirety in a recording studio or in such a recording facility and with such recording equipment as may be reasonably approved by Company. No Masters shall be recorded in whole or in part at live concerts or other live performances unless an authorized officer of Company agrees to the contrary in writing. Each Committed Album shall embody 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 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 (1) 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" as described . 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 Section 4 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 (c) (iincluding, but not limited to the recording of additional or other selections, etc.), above.