4.0 Creative Issues

4.1 Approval Rights

The issues of most concern to the artist are usually the selection of songs, choice of producer and studios, approval of mixing and remixing, control over artwork and photographs, and control over videos, including the approval of any storyboard and of the director and producer involved. An artist might look for other approval rights over financial matters rather than creative issues. For example, since all recording costs and at least a proportion of promotional video costs will be recouped from the artist’s royalties, it follows that the artist should ideally have a right of approval over recording and video budgets, and any other recoupable expenditure.

4.2 Control

There are four basic alternatives:

4.2.1 the record company has complete control (i.e. what it says goes); or

4.2.2 the record company has control, subject to an obligation to consult with the artist; or

4.2.3 both parties must mutually agree upon the matters in question (perhaps on the basis that in the event of a stalemate the company and the artist have an alternate casting vote); or

4.2.4 the artist has complete control.

Most agreements contain a mixture of these four alternatives. A new artist is unlikely to achieve complete control and would normally be happy with a mix of consultation rights and, in key areas, mutual approval.