Answers/Glossary/Exclusive beat agreement

Glossary · Contracts

Exclusive beat agreement

Definition

An exclusive beat agreement is a contract in which a producer stops licensing an instrumental to anyone else and grants it to a single artist. It should state explicitly what happens to the composition share, the master ownership and any existing leases.

An exclusive beat agreement removes the instrumental from sale and gives one artist the right to use it. That is the part everyone understands. The parts that decide who gets paid five years later are usually left vague, and vague is why these deals turn into disputes.

Four questions a competent exclusive agreement answers in plain words:

  1. Who owns the composition, and in what shares? Exclusivity is a licensing concept. Unless the agreement transfers the producer's songwriting share, the producer remains a co-writer of the composition and collects performance royalties through ASCAP or BMI and mechanicals through The MLC for as long as the record earns.
  2. Who owns the master of the finished record? Normally the artist, but say so, and address any producer points separately.
  3. What happens to leases already sold? An exclusive purchase does not retroactively cancel non-exclusive licences the producer previously granted. Existing lessees keep their rights unless the agreement says the producer will terminate them, which usually is not possible.
  4. What credit is required, and is there a fee, points, or both?

A genuine buyout — where the producer conveys the composition as well as the recording — needs explicit language, typically a work-made-for-hire clause with a backup assignment of copyright, and a signed writing is required under 17 U.S.C. 204(a). A verbal "I bought it outright" accomplishes nothing.

The misunderstanding: paying an exclusive price and assuming it bought silence forever. It bought exclusivity of use. Everything else is whatever the document says, and if the document says nothing, the default is that the producer kept it.

I sell and buy beats; every one of these has paperwork. Get a lawyer to draft yours.

Definitions on this site describe the United States system. I am an artist who has been through this, not a lawyer.

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