You'd be surprised how many writers don't get credit on independent or "vanity" records. Often, young or unsophisticated artists don't realize how important it is to properly credit a songwriter. I have had more than one song recorded before I ever met, talked to or corresponded with the artist. Thus, I want to make darn sure that I and my publishing company get proper credit
In addition to the Royalties provided for hereunder, the Artist shall deliver to the Publisher, free of charge, two (2) complete copies of each phonograph record, cassette tape, compact disk and/or other audio recording (including liner notes, artwork and other graphics) within thirty (30) days after the completion of the initial Recordings thereof manufactured hereunder.
This clause is a carry over from my writing career. I have co-authored several books (mostly on boring legal topics). And it's amazing how difficult it can be to get a complimantary copy of your own work! One major publisher told me that they would not under any circumstance agree to provide me with a copy of the book (this was a large and expensive legal treatise). We ended up increasing my compensation to cover the price of the book. Of course I spent the extra money and to this day do not own a copy of my own book!
In addition, few small recording projects have any significant distribution arrangements. So unless the artist lives nearby, it may be difficult or impossible for you to get a copy on your own.
In the event the initial Recordings contemplated hereby have not been manufactured and marketed for sale to the public on or before __________, 199_, the Publisher shall have the right, but not the obligation, to terminate this License upon written notice to the Artist at any time prior to the manufacture and market for sale of such initial Recordings. In the event the Publisher terminates this License pursuant to the preceding sentence, all Royalties previously paid to the Publisher hereunder shall be retained by the Publisher as consideration for the License granted hereby.
This is called incentive to get the project completed. Remember from Part 1 that I charge based on presses (not sales) for small independent recording projects. Since the initial royalties have been paid, the artist should, at least in theory, have an interest in getting the song recorded and, hopefully, released. This paragraph provides that if the record hasn't been recorded and released (remember to include the "released" requirement- that is important) by a certain time, I can terminate the license. Or collect an extension payment if the artist wants an extension and I still have confidence in the project.
