Who is typically responsible for drafting the recording agreement?

Who is typically responsible for drafting the recording agreement?

• A. The artist's attorney
• B. A neutral third-party lawyer
• C. The publisher's attorney
• D. The record label's attorney

Answer: (D)

Recording agreements are typically drafted by the label’s attorney because the contract is the instrument that defines the relationship with the label and the label’s ownership of the master recordings. The label is the party offering the deal, funding the advance, and controlling the rights and business terms, so its counsel sets the initial language and protections. The artist’s attorney mainly reviews, negotiates, and protects the artist’s interests, but does not usually originate the document. The publisher’s attorney handles publishing rights in publishing deals, not the recording agreement, and a neutral third-party lawyer isn’t the standard drafter in a typical label–artist deal. So the label’s counsel is the standard drafter.

Recording agreements are typically drafted by the label’s attorney because the contract is the instrument that defines the relationship with the label and the label’s ownership of the master recordings. The label is the party offering the deal, funding the advance, and controlling the rights and business terms, so its counsel sets the initial language and protections. The artist’s attorney mainly reviews, negotiates, and protects the artist’s interests, but does not usually originate the document. The publisher’s attorney handles publishing rights in publishing deals, not the recording agreement, and a neutral third-party lawyer isn’t the standard drafter in a typical label–artist deal. So the label’s counsel is the standard drafter.