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 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"). Company may reject any request to record a Committed Album within six (6) months of the Delivery of the prior Album. You shall neither commence recording nor incur costs unless Company has approved in writing each Recording Element and the budget. If Company disapproves any budget item or Recording Element, Company's decision (including, at Company's election, Company's designation of one (1) or more Recording Elements) shall be final. Notwithstanding anything to the contrary contained herein, the Approved Recording Budget for the First Album shall not exceed Forty Thousand Dollars ($40,000.00). (a) During You shall notify the term appropriate Local of this agreement, The Artist shall make Master Sound Recordings at the American Federation of Musicians in advance of each 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 Companysession. (b) Solely for You will assist Company in complying with the purposes requirements of the U.S. Immigration Law. (c) As and when required by Company, You shall allow Company's representatives to attend any or all recording sessions hereunder. (d) You shall timely supply Company with all of the information Company needs in order: (1) to make payments due in connection with such Recordings; (2) to comply with any other obligations Company may have in connection with the making of such Master Recordings; and (3) to prepare to release Phonograph Records derived from such Master Recordings. Without limiting the generality of clause (2) of the preceding sentence: (1) You shall furnish Company with all information Company requires to comply with its obligations under Company's union agreements, including, without limitation, the following: (i) If a session is held to record new tracks intended to be mixed with existing tracks (and if such information is requested by the American Federation of Musicians), the dates and places of the prior sessions at which such existing tracks were made, and the AFM Phonograph Recording Contract (Form "B") number(s) covering such sessions; (ii) Each change of title of any applicable composition listed in an AFM Phonograph Recording Contract (Form "B"); and (iii) A listing of all the musical selections contained in Recordings Delivered to Company hereunder; and (2) You will furnish Company with all of the immigration control documentation required by the United States copyright lawGovernment, all studio producersat the same time as the AFM or AFTRA session reports, engineerstax withholding forms, technicians and other persons rendering documentation required by us in order to make the payments to the session musicians and other employees concerned, if any. (i) All Master Recordings shall be recorded under Company's current Phonograph Record Labor Contract with the AFM; all musicians who render services in connection with the recording of such Master Recordings (including instrumentalists, if any) will be paid by Company, on Your behalf, the scale set forth in the said Labor Contract; and Company, on Your behalf, shall be deemed pay the required contributions to be, and shall be contracted for as "employees for hire" by The Record Companythe Pension Welfare Fund. (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 All AFTRA members whose performances are embodied in the course Master Recordings will be paid by Company, on Your behalf, the rates applicable under the current AFTRA Code of Fair Practices for Phonograph Recordings. Company shall, on Your behalf, if necessary, 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 Master Recordings recorded hereunder. (iii) In its sole discretionThe foregoing representations and warranties are included for the benefit, The Record respectively, of the AFM, AFTRA, and the AFM and AFTRA members whose performances are embodied in the applicable Master Recordings, and for the benefit of Company, 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 may, during the Initial Contract Period or any subsequent Option Period, release Master Recordings with copies of all union contracts and/or union session reports so that all payments may be made by The Artist hereunder in configurations other than "albums" (as defined below)Company, 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 mayon Your behalf, in The Record a timely fashion to the proper parties thereunder; and if You fail to do so with the result that Company is required to pay any penalty sum for making a late payment under the applicable union agreements, such payments shall be a direct debt from You to Company which, in addition to any other remedy Company may have, Company may recover from any monies otherwise payable to You. 4.03 You shall deliver the Masters to Company's sole discretion, work toward satisfaction of the Artist's "Recording Commitment" as described in Section 4 (c) (i), above.at the