Article: You want to protect yourself from an artist who steals another person’s work but presents it to you as original. In that situation, you could be sued for copyright infringement. For example, you could include this covenant: “Artist covenants that he/she has the sole right to record such original songs without any restrictions whatsoever. Artist further warrants that he/she has not entered into any written, oral, or other binding agreement of any kind prior to recording such songs on behalf of the record company.” By agreeing to this provision, the artist agrees not to sue you for any misunderstandings in the agreement. Obviously, including this provision won’t entirely prevent lawsuits. However, it can be helpful to have. You might write: “Artist agrees and warrants to hold the record company ‘completely and totally harmless’ from lawsuits, and litigation of any kind whatsoever, that might proceed from any misunderstandings spelled out or not spelled out in this agreement.” You can agree to arbitrate any disputes that arise under this contract. Arbitration is like a trial except it is private. You present your case to an arbitrator instead of a judge. Alternately, you could include a provision that you will mediate any dispute with the help of a mediator. “If a disagreement does arise, then the parties have agreed in this contract to seek binding arbitration for their differences outside the bounds of a lawsuit and before an arbitration panel made up of people within the music community who understand the legal aspects of each and every facet of this agreement.” Many young artists have stars in their eyes and imagine that fame and wealth are automatically guaranteed because they have signed a recording contract. You can include some provisions which explain to the artist that the music industry is risky.  For example, you could have the artist promise to the following: “The artist covenants that he/she is not basing a decision to record on any intangible or fraudulent promises, dreams, or incentives given him/her by the producers, company, or management firm. It is the reality of the music business that the artist is taking a chance at recording and may or may not ever be signed to a major label in the future.” Also, you can have the artist warrant that no one is guaranteed success: “The artist understands and warrants that no one can guarantee ‘superstardom’ in the music industry. Only a small percentage of acts signed to the major labels go on to achieve superstardom.”  For extra emphasis, you can set these provisions off in bold type.
What is a summary of what this article is about?
Include a covenant that the artist’s work is original. Add an indemnity provision. Insert a dispute resolution clause. Include provisions that explain the music industry is risky.