SODAPOP, LLC.
MUSICIAN RECORDING AGREEMENT (WORK-FOR-HIRE WITH BACKEND PARTICIPATION)
This Musician Recording Agreement (“Agreement”) is entered into as of __________ (“Effective Date”) by and between SodaPop Records, LLC (“Company”) and __________________________ (“Musician”).
1. Engagement
Company engages Musician to perform instrumental and/or vocal services (“Services”) in connection with the recording of one or more sound recordings (“Masters”) for commercial release, licensing, and synchronization (“Sync”) use.
2. Work-for-Hire / Ownership
All results and proceeds of the Services, including performances recorded in connection with the Masters, shall be deemed “work made for hire” for Company to the fullest extent permitted by law.
To the extent any such results are not deemed work-for-hire, Musician hereby irrevocably assigns to Company all right, title, and interest in and to the Masters, including all copyrights and neighboring rights, in perpetuity, throughout the universe.
Company shall have the exclusive right to exploit the Masters in any and all media now known or hereafter devised, including but not limited to Sync licensing, streaming, downloads, physical media, and derivative works.
Company shall own 100% of all right, title, and interest in the Masters, including:
- Sound recording copyright
- All derivative works
- All synchronization rights
- All neighboring rights
3. Compensation (Upfront Fee)
In full consideration of the Services, Company shall pay Musician a one-time fee (“Session Fee”), payable within 24 hours of completion of the Services.
Musician shall be paid:
- $100 per track
or - up to a $500 flat fee covering up to 5 tracks or hours as needed for specific projects
Musician acknowledges that this Session Fee fully compensates them for their performance services, subject only to the backend participation described below.
4. Backend Participation (“Points”)
In addition to the Session Fee, Musician shall be entitled to a share of certain revenues derived from exploitation of the specific Master(s) on which Musician performed, as follows:
- Musician shall receive a pro rata share of ten percent (10%) of Company’s Net Profits attributable to each applicable Master (“Backend Pool”).
- The Backend Pool shall be divided equally among all participating musicians and producers credited on that specific Master.
- Musician’s share shall therefore equal:
(10% of Net Receipts) ÷ (total number of participating musicians and producers on that track)
“Net Profits” means all gross monies actually received by Company from exploitation of a Master, less only:
(a) third-party commissions (e.g., Sync agents),
(b) distribution/platform fees, and
(c) direct, track-specific, out-of-pocket costs (if any) agreed in writing.
Important Album-Specific Clarifications:
- Different tracks may have different payout splits
- Each track stands alone financially
- Musicians only earn on tracks they actually performed on
Payments, if any, shall be made semi-annually within 24 hours after June 30 and December 31, provided a minimum payment threshold of $25 is met.
Sync-Specific Clarifications:
- Backend applies only to revenue derived from the specific track(s) Contributor worked on
- Backend includes:
- Sync license fees
- Library placements
- Streaming income
- Mechanical income received by Company
- Backend excludes publishing income unless otherwise agreed
5. No Ownership / No Control
Musician shall have no ownership interest in the Masters and no right to control their use, release, licensing, or distribution.
Contributor acknowledges:
- No ownership in composition/publishing
- No PRO (ASCAP/BMI) claims unless separately agreed in writing
Company may:
- Release singles from the Project
- Create alternate mixes, acoustic versions, remasters
- License individual tracks separately for sync
Backend participation follows the original track contribution.
6. Credit
Company shall use reasonable efforts to credit Musician where practical, but failure to do so shall not be deemed a breach.
7. Touring / Live Performance Disclaimer
Musician acknowledges:
- This Agreement does not include live performance rights or obligations
- No entitlement to perform live with Company or its artists
8. Name & Likeness
Company may use Musician’s name, approved likeness, and biographical material in connection with the promotion and exploitation of the Masters.
9. Representations & Warranties
Musician represents and warrants that:
- They have the full right and authority to enter into this Agreement
- Their performance is original and does not infringe upon any third-party rights
- They are not subject to any conflicting agreements
10. Independent Contractor
Musician is engaged as an independent contractor, not an employee. Musician is responsible for all taxes and withholdings related to payments received.
11. Union Status (if applicable)
Musician represents whether they are a member of any union (e.g., AFM, SAG-AFTRA):
☐ Yes ☐ No
If yes, Musician agrees to notify Company of any applicable obligations prior to recording.
12. Confidentiality
Musician agrees not to disclose unreleased material, business terms, or proprietary information related to the Masters or Company.
13. Indemnification
Musician agrees to indemnify and hold Company harmless from any claims arising from a breach of Musician’s representations or warranties.
14. Governing Law
This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania.
15. Entire Agreement
This Agreement contains the entire understanding between the parties and may not be modified except in writing signed by both parties.
16. Signatures
SODAPOP RECORDS, LLC
By: __________________________
Name: ________________________
Title: _________________________
Date: _________________________
MUSICIAN
Signature: _____________________
Name: ________________________
Date: _________________________