I need assistance with the legal wording of a contract?
Question by gingerbear2731: I need assistance with the legal wording of a contract?
Below is an excerpt from a short contract allowing a radio show to play an artists music on their show. I’ve changed the name of the radio show. “X Radio” is just used for example. Should the artist agree to the terms in this excerpt or should they request that it be reworded. In other words, does the radio show get any rights to the music or is this a safe clause for the artist. If the artist should ask for it to be reworded, how so?
EXCERPT:
Artist does hereby acknowledge that X Radio is the sole owner of all rights in and to the Program, and the recording thereof, for all purposes; and that X Radio has the right, among other things, to broadcast the Program one or more times over any station or cable system. Any materials relating to the production and broadcast of the Program become property of X Radio.
Best answer:
Answer by bestguessing
To me it sounds like the radio station is only talking about recordings/broadcasts of the in-studio performance. If the music has been copyrighted by the artist, X-radio doesn’t obtain any interest in that copyright because they’ve served as an outlet for the songs. They can’t come back and claim any royalties based on the original copyright. “Materials relating to the production and broadcast” is referring to any tapes of the broadcast created at the station. The artist can’t exercise control of their tapes or limit them replaying the tapes in the future and they won’t get roylaties for these subsequent rebroadcasts.
The artist could ask for a time limitation (letting the station replay the recording for 6 months) to prevent the station from making loads of money if the songs turn out to be wildly popular, but I’m willing to bet that this is a standard contract the station has in place and they won’t change it unless given a very good reason.
What do you think? Answer below!