With tectonic shifts in the music business — TikTok's domination and virality; the "Taylor effect" of Swift's re-recordings, among other things — contractual procedures can and do change incredibly quickly.

It's difficult for an artist to keep track, let alone know what type of record deal to sign… or when. To unpack this topic, the Recording Academy’s Entertainment Law Initiative (ELI), a program aimed at bolstering discussion and debate around legal affairs and their impact on the music industry and creative community, held a Professional Education Event titled "The Evolution of the Record Contract" at NYU's Kimmel Center for University Life on Nov. 8, 2022.

The panel, sponsored by NYU Steinhardt Music Business Program and First Horizon Bank, was moderated by Sandra Craswshaw-Sparks, Partner at Proskauer Rose LLP and Chair of the Entertainment, Copyright & Media Practice Group. Participating attorneys included Shardé Simpson, Vice President of Operations, Dream Chaser Records and founding partner of Simpson and Reed PLLC; Elliot Groffman of Carroll Guido Groffman Cohen Bar & Karalian; and Ben Landry, Senior Vice President, Business & Legal Affairs, Atlantic Records. Practicing attorneys received 1.0 credit hour of Continuing Legal Education (CLE) credit from Proskauer Rose LLP in the Professional Practice (NY)/General (CA/IL) category for their attendance.

In his opening remarks, Neil Crilly, Managing Director of Industry Leader Engagement & Chapter Operations for the Recording Academy and one of the event's organizers, presented an overview of the 2023 Entertainment Law Initiative Writing Contest. The annual contest invites current law students to identify and research a pressing legal issue facing the music industry today and outline a proposed solution in a 3,000-word essay. The winner, decided upon a nationwide panel of music law experts and to be recognized at the 25th Annual ELI event to be held during GRAMMY Week 2023, will receive a $10,000 cash scholarship, among many other prizes; each of the two contest runners-up will receive a $2,500 cash scholarship. Learn more about the 2023 Entertainment Law Initiative Writing Contest, read the official contest rules, and spread the word to eligible applicants via our Social Media Toolkit.

Representing both the artist side (Groffman) and the label side of record deals (Landry, and Simpson, who works on both the artist and label side), the lively discussion yielded numerous key takeaways regarding the ins and outs of contracts. Kanye West's business dealings even came into play — in a positive way!

One topic of note: when it comes to an artist signing a recording contract, short-term is king.

"There's only one clause that counts when you're representing a new artist, and that's the length of the term. And we like it to be short," says Groffman. But as he warns, "Just short doesn't mean good, either." Back in the day, artists were committing to 10-album deals; now two or three records is the desired norm.

From the label POV, Atlantic's Landry concurs, adding, "We've seen more leverage given back to the artists. I think that's a result of a lot of barriers to entry to the market being removed. It's easier to release music these days than maybe it ever has been before."

If an artist becomes successful, it seems that more money, more creative control and more benefits should follow. In that case, being locked in a long-term contract signed can be detrimental.

"You'll see [artists] two, three albums down the road, blowing up, and they're noticing that there were certain restrictions in their agreement that didn't allow them to do certain things," says Simpson. "Then we're fast forwarding five, 10 years, and they're still in these deals. So that's definitely a disadvantage."

Renegotiate that deal, rock star. 

Ye worked his early career and contracts in a way that allowed for growth and renegotiation: As Kanye West, "after his first few albums, he renegotiated his deal, and that turned into a profit split," Landry, who studied the now-mogul's contract, explains. 

"Later in his career it turned into a distribution arrangement where he got 100% of the proceeds," he continues. "And he got reversions; ownership rights for some of his albums. That's sort of a life-cycle. If you can't come in and get the deal that you want from the beginning, and you find success, we expect and happily welcome those renegotiations."

*(L-R): Ben Landry, Sharde Simpson & Elliot Groffman | Photo: Rob Kim/Getty Images for The Recording Academy*

Of course, sustained success is the key to those re-negotiations. And deal terms are viewed differently as star status changes. "As for the all-in royalty rate, as artists grow, the royalty rate does matter. When they're initially signing as baby or junior artists, I don't think they care as much. But as they grow, that royalty rate makes a huge difference in terms of income, especially as they start to be multimillionaires," Simpson says.

Artists should consider a distribution deal instead of a record deal, he adds.

As he lays out, signing a "traditional" record deal with a major label offers the advantage of being part of the "machine" and its infrastructure of marketing, publicity, a radio promo team and more.  Sometimes, though, traditional old-school deals happen because the artist goes for the biggest initial payday/investment rather than looking to the long-term.

"Labels can operate as a bank of sorts; provide those advances," Simpson says, "Ultimately, though, If I had to pick between an all-in royalty rate or a profit split, I would tell the artists to definitely do a profit-split or net-receipts type of situation. If you can go into a deal like that, you should. And that's usually a distribution situation."

Distribution deals are often a beneficial position to be in, "especially if you have a distribution company that's really good at marketing, and they can provide you with a great marketing advance," Simpson says. "And maybe you don't need the advance to be tied to anything else. I think in those situations, it might be beneficial for the artists to take it."

Beware of signing to a production deal, he adds. Because it's tempting for a creative to acquiesce when someone says they can handle all the business around securing a deal… and then shield/advocate for the artist at the major label. "Oftentimes a baby artist will have a manager or person close to them sign them to a  'production deal,' which is sort of a makeshift label deal," he says — and that can lock the artist down financially.

Production deals "can cause problems for a number of reasons," Landry believes. "As artists starting out, they don't have a lot of leverage, and they're very, very eager to get things going." And a production deal may fast-track that process, but then? "I think artists sometimes be into these deals, and then they become household names and stars, and they start looking askance at their production deals."

If the band or artist is unhappy with the amount of money they're making from a label, "imagine having to split that with a production company," Landry says. "Maybe by then [the artist] is working directly with the label, so it's like, 'Why am I paying this person over here half of my money?'"

Many production deals, he surmises, are due to the ease with which almost anyone can "set up distribution and provide basic label services to an artist starting out."

*(L-R):* Sandra Crawshaw-Sparks, *Landry, Simpson & Groffman | Photo: Rob Kim/Getty Images for The Recording Academy*

That's not to say there aren't mutually beneficial production deals. "There could be a good reason [for signing one]; it could be that the person was a producer or writer who found somebody, groomed them and worked a deal," adds Groffman.

Work as hard as you can and wait as long as you can before signing any record contract, Landry says.

"I think that major labels are extremely good at taking a three and going to 10. I think the magic often is zero to three," he explains. That kickstart that usually happens with [the artist] and their "really smart, enterprising friends, managers, lawyers working together to create these moments and create a buzz.

"So, the longer you can hold out and get more leverage, of course, the more labels are going to be interested. It's less risk," Landry continues. In that case, the majors can take a chance and do a riskier (i.e., higher money deal for the artist) deal, since the "proof of concept" has already been established from the creative side.

Leverage is key when going into an initial major-label label negotiation, agrees Groffman.

"The longer you wait before you engage with a major label system, the more negotiating power you're gonna have. I'm not saying don't do deals with majors, but arm yourself. If you come in there too soon, you're going to be giving up five albums, not three.

"You'll be doing 360 stuff [an exclusive contract between a label and an artist where the label not only takes a share of the artist's music sales, but also percentages of revenue touring, merchandise, publishing or more], even with good shelters and all the things that [attorneys] negotiate," he adds.

Yet even distribution deals aren't easy, Groffman says. "As Ben said, monies that a major label will pay are recoupable, but not returnable. Distribution deals, you over-manufacture, you overspend, guess what? You're paying for that. And you know, the splits look much better on paper."

How The Entertainment Law Initiative Tackles Today’s Leading Law Issues & Fosters The Next Generation Of Legal Innovators

It's been decades since Maren Morris first attended GRAMMY Camp all the way back in 2005 — nearly 20 years ago. Still, she remembers precisely how she felt then and how much of a "rare opportunity" it was.

She met luminaries like Jimmy Jam and Paul Williams, and the setting made the then-15-year-old feel legitimized and creatively elevated. "I learned how to peer into myself and learn what unique thing I had to bring to the table musically," she tells the Recording Academy.

Since then, Maren Morris has had an entire career: She won a GRAMMY, received 17 GRAMMY nominations, joined the country music supergroup the Highwomen, topped the Billboard country charts, and much more.

Morris just had a full circle moment — Recording Academy style. On Monday, Morris returned to GRAMMY Camp, the GRAMMY Museum's signature music industry camp for U.S. high school students, as a guest artist to celebrate the program's 20th anniversary, which takes place in Los Angeles this week. She joins viral NYC bass phenom Blu DeTiger and captivating New Jersey singer/songwriter Jeremy Zucker. Together, they are guiding students on their paths to a career in the music industry. 

"I think that the main thing I'm imparting is that they don't need to rush their art or building their fan base," Morris says. "With social media and trending sounds and dances every day, it's easy to feel like you're getting lost or not keeping up fast enough with what your peers are doing.

"Just stick to being authentic," she continues, "and people see that, no matter what time they arrive to the party for you."

Another one of Morris' pieces of advice: Don't confuse loyalty with complacency. She explains that she likes to "shake up my production or co-writing comfort by working with new people who bring things out of me I wouldn't normally in a more comfortable creative situation."

In the end, "Find people that listen to you," Morris concludes, "but also push you and your creativity to new areas of yourself." There's no place better to do exactly that than at GRAMMY Camp, where the mentee can one day become the mentor and guide the next generation of artists and music industry professionals.

The 20th annual GRAMMY Camp celebration is running now and concludes with the GRAMMY Camp Finale Student Showcase on Saturday, July 20, at the Ray Charles Terrace at the GRAMMY Museum. 

Applications for GRAMMY Camp 2025 will be available online in September.

Learn more about GRAMMY Camp.

The Recording Academy, the organization behind the annual GRAMMY Awards, has proudly extended membership invitations to more than 3,900 music creators and industry professionals this week to join its 2024 New Member Class. 

The 2024 New Member Class, which exemplifies the Academy's commitment to reflecting today's diverse and dynamic music industry landscape, represents a significant step towards inclusivity and representation within the music industry. This year's 2024 class of invitees is 45% women, 57% people of color and 47% under the age of 40. With these new member invitees, the Recording Academy is on track to achieve its goal of adding 2,500 women Voting Members by 2025, reaching this milestone a year ahead of schedule. 

The deadline for accepting these invitations, and thus engaging in the full process for the 2025 GRAMMYs, is Wednesday, July 31. 2024 New Member Class invitees are encouraged to join our newly launched New Member Class broadcast channel to learn more about the Recording Academy and membership-related updates.

These invitations offer each potential new member an opportunity to power the Recording Academy's mission of cultivating the well-being of the music community, celebrating artistic excellence in the recording arts, advocating for creators' rights, investing in music's future through the GRAMMY Museum, and supporting music people in times of need through MusiCares.

The Recording Academy's membership invitation process is community-driven and peer-reviewed annually, focusing on two types of membership: Voting Membership for music creators and Professional Membership for music business professionals. Interested musicians and professionals must apply for membership by March 1 each year, and if approved by a peer review panel, they are invited to join the Recording Academy. (GRAMMY U is the third type of Academy membership and follows a distinct application process.)

To celebrate this milestone, many of the newly invited members have taken to social media to express their excitement and gratitude. Here are some highlights:

View this post on Instagram

A post shared by Recording Academy / GRAMMYs (@recordingacademy)

View this post on Instagram

A post shared by Julian King (@itsjulianking)

View this post on Instagram

A post shared by Justin JT Tomlinson (@iamjnote_)

View this post on Instagram

A post shared by EMILY M. DASHIELL (@emilydashiell)

For more information about the 2025 GRAMMY Awards season, learn more about the annual GRAMMY Awards process, read our FAQ (Frequently Asked Questions) section, view the official GRAMMY Awards Rules and Guidelines, and visit the GRAMMY Award Update Center for a list of real-time changes to the GRAMMY Awards process.

"Everything you like was created by a queer person," musician and DJ Aluna proclaimed near the end of "The Power In Pride: A Conversation Honoring The Resilience Of Black Queer Creatives." (A seemingly bold statement — until you do some digging.)

Ditto a Black person. As the Recording Academy's VP of DEI, Ryan Butler, pointed out, just about every American music genre flows back to that source. "There is no pop music in America that is not a derivative of the Negro spiritual," he said across from Aluna.

"The queerness has been the innovation in it, but the Black community has been the foundation of it," Butler concluded. "So, I think when you have the foundation and the innovation together, it's worth celebrating 365 days a year."

When considering those two truths, two more truths emerge. First, without the contributions of Black and queer people, our world — including our musical landscape — would be unrecognizable. Second, to celebrate only in February, for Black History Month — or June, for Pride Month and Black Music Month — would be a grave disservice to both wellsprings of genius. Honoring Black and queer creators, as Butler pointed out, requires the entire calendar year. 

These themes were paramount at "The Power of Pride," a candid conversation at the Live Nation building in Manhattan, just as summer kicked off. Tiffany Briggs Low, the Director of Corporate and Communications at Live Nation, moderated the discussion between Butler, Aluna, and third panelist Bryant K. Von Woodson II, VIP Relations at Chapter 2 Agency and Head of Communications at Queer Capita. Von Woodson II introduced himself as a "curator of people" who connects BIPOC folks with crucial opportunities; Butler, as an "angelic disruptor"; Briggs-Low called Aluna "our sister in green" and "the curator of the vibes."

Briggs-Low kicked off the conversation with a heavy, dual prompt: "I would love to hear about why you feel it's important for the world to continue celebrating both Pride and Black Music Month, and what does the intersectionality of Black and queer identities mean to each of you?"

"I think that theme months each year do serve as a reset," Aluna stated, "and have you looking internally, and looking at what you've done and haven't done, and how you feel. To me, the queer community and the Black community have given so much," she continued, "and my mission is for us to just turn that around — to be giving it back to ourselves. Because there is an abundance of things that we create — and we never stop creating — but we need to be fed, and the well is running dry. And that upsets me."

To Aluna — who is Black, straight, and an ally of the Black queer community — this nourishment comes from "creat[ing] space" within these communities, and fostering "spirituality and deep, deep connection."

To that question, Von Woodson II — who is Black and queer — paraphrased Maya Angelou: "Between both communities, I stand as one, but I also really acknowledge the 10,000," he said referring to the philosophy from Angelou's work that credits the collective experiences of communities and ancestors who came before. 

"I think that's what this month is about," he continued. "Celebrating the 10,000 that got me to be able to sit on this stage, to have this conversation with you, to sit up here with some beautiful Black people, and really speak about our lives and ourselves."

Butler, who is also Black and queer, calls that intersection "a superpower." Yet the world doesn't always treat it as such — to put it lightly. As Butler related, just last weekend, he entered a function in Malibu, where the host said, "I'm going to sit you at the table where all the rappers like to sit."

"I don't really give rapper," Butler mused dryly. "You shouldn't be profiled in that type of way, and I definitely experience it in the corporate environment, still. I don't think that it always feels like a safe space.

"But that's also a litmus test for me," he added. "I know that there are other [people] who may feel this way, and so it also helps me make sure that I'm constantly applying pressure."

Von Woodson II expounded on the importance of being his authentic self, in spaces that might stifle that. "There is no hiding that I am clearly Black, but also queer," he said, before showing off his proudly flamboyant style of walking into a room.

"As I work with my clients, and I work with new people, I think I show up as authentic as I can," he continued. "And I just lay it on them and say, 'You either take it or you don't.'"

Aluna, for her part, highlighted the unfairness of Black artists being pigeonholed as featured artists.

"If I need to be an example of what's possible for the next generation, they can't just see me as Disclosure featuring Aluna, DJ Snake featuring Aluna, Avicii featuring Aluna, because that gives the message that that's all we're worth," she said. "You can't get booked as an artist in your own right, because they just don't see you as an artist.

"Managers across the board, bookers, labels — they're just hankering after your essence, your soul," Aluna continued. "But without your Blackness."

In supporting Black and queer communities — which takes a plethora of forms, for all different kinds of people — Butler warned against performative gestures. Aluna decried "the colonial separation between Blackness and queerness."

And Butler left the audience with a truth bomb: "There are going to be times where you are going to have to shield me with your privilege that I don't have."

But for all these heavier-than-heavy topics of identity, justice and belonging, "The Power In Pride" felt celebratory and familial. As the conversation wound down, the beats were turned up, and the audience was geared to get out and uphold Black and queer genius and solidarity — 365 days a year.

The Recording Academy thanks its partners — Live Nation and Queer Capita — for their efforts to make this event possible.

Over the past two years, Recording Academy CEO Harvey Mason jr. and President Panos A. Panay have journeyed across the world in service of the organization and the global music community. What came of those trips has been personally moving and profoundly monumental for both Mason jr. and Panay. It's also further expanded the vision of the Academy's global mission.

"For us as an Academy, we always want to be aware of the trends — what's happening now and what's coming next — so we can stay plugged into today's music scene and global music community and continue to honor the music that's being made around the world," Mason jr. reflected about his recent travels to Africa in an interview with the Recording Academy last year.

Now, that global mission has finally come to fruition: The Recording Academy recently announced plans for its global expansion into Africa and the Middle East, a development that perfectly aligns with the music industry's ongoing globalization. With new music communities and industries developing around the world, including the thriving music industry growing across the Middle East and North Africa, a region commonly known as MENA, the Academy's expansion into this region was a natural development.

"The world is becoming a lot more globalized. Our job as an Academy is to expand our mission to include all creators irrespective of where they live or what passport they have or what language they speak," Panay explained in a recent interview. "The Middle East and Africa are two of the fastest-growing regions, demographically, when it comes to younger populations, when it comes to creative output, and when it comes to industry growth. This expansion into the MENA region is a natural fit simply for the fact that music is now a truly globalized art form that is not limited by language or culture."

"Music knows no borders. It's global and transcends cultural, political and language barriers," 12-time GRAMMY winner John Legend said in a statement about the Recording Academy's expansion. "I'm so glad that the Recording Academy, the leading organization serving music creators, is evolving to be a more global organization."

"As an African musician, I'm excited about the Recording Academy's expansion into Africa and the Middle East," Afrobeats pioneer Davido echoed the sentiment in a statement. "It acknowledges our vibrant talent and the global influence of African music. This initiative offers a platform for creators, elevating our cultural expressions and uniting us through music." 

View this post on Instagram

A post shared by Recording Academy / GRAMMYs (@recordingacademy)

The Recording Academy's global expansion builds on several of the organization's recent international initiatives and rich history with the music of both the Middle East and Africa. At the 2024 GRAMMYs in February, the Recording Academy introduced the inaugural Best African Music Performance GRAMMY category, which recognizes recordings that utilize unique local expressions from across the African continent. One year prior, at the 2023 GRAMMYs, the Recording Academy awarded the inaugural Best Song For Social Change Special Merit Award to Iranian singer/songwriter Shervin Hajipour for "Baraye," a widespread protest anthem in Iran. 

Last year, the Latin Recording Academy hosted the 2023 Latin GRAMMYs in Seville, Spain, marking the first-ever international GRAMMY Awards show. "It is our responsibility as an Academy to really support our artists and our creators in their quest to go global," Latin Recording Academy CEO Manuel Abud said, in an interview in 2023, about the global expansion of the Latin GRAMMYs. 

Similarly, the Recording Academy is now establishing local roots in Africa and the Middle East to help develop regional music industries and support music creators on a global scale.

"We are spending the next few years working directly with our local partners and stakeholders to better understand the needs of each of these creative scenes and establish the Recording Academy's role in serving these regions in a long-term strategy," Panay said. "Our plan is to use these collaborations as a platform to create connectivity and community. We strongly believe the Academy's mission and membership can ultimately have an impactful role in the development of these global industries."

The global expansion will benefit current and future Recording Academy members, too, Panay said. 

"As the creative community, including our Recording Academy membership, is seeing its income streams come under pressure, expanding opportunities for our existing membership is imperative for the organization," he said. "The expansion is informed by both the Academy's mission to go global, but also by the commitment to serving our existing membership at the highest possible level. That's what's informing every step that we've taken over the last two years in these explorations as well as the last 50 years as we've built the organization to think and act more globally." 

View this post on Instagram

A post shared by Panos A. Panay (@panosapanay)

Both Panay and Recording Academy CEO Mason jr. took a direct, hands-on approach to establish the Academy's footprint across the Middle East and Africa. They met with governmental ministries, cultural leaders and music creators across both regions, participating in listening sessions and high-level briefings.

For Panay, it is essential for the Recording Academy to learn about the local cultures on an intimate level and cater the Academy's strategy to the regions' specific needs.

"I was once told a great expression: 'If you don't go, you don't know,'" Panay reflected. "Ultimately, for us to better serve those creative communities, the Academy's strategy has to involve us spending time in these regions, which is what we are committed to keep doing over the next few years as we develop our specific plans and implementations for each market." 

To accomplish this, the Recording Academy is working closely with Ministries of Cultures and key stakeholders to build a framework that will bolster the Academy's presence and services in these rapidly growing music regions. The strategy also posits music at the nexus of art, commerce and diplomacy: These partnerships are aimed at driving economic growth, cultural exchange and sociopolitical ties between the partner nations.

"Creatives offer a formidable platform for building cultural, social, economic, and political ties across the East African Community, the African Continent and indeed the entire African Diaspora globally," Kenya's Hon. Ababu Namwamba, EGH said in a statement about the partnership with the Recording Academy. "This is a historic opportunity to hoist high and celebrate Africanacity through artistic and cultural expression, while fostering innovation, creativity, fraternity, and solidarity for African peoples in Africa and beyond."  

Read More: The Recording Academy Partners With U.S. Secretary Of State Antony J. Blinken To Launch The Global Music Diplomacy Initiative; Quincy Jones Awarded Inaugural Peace Through Music Award 

As part of its multifaceted global expansion, the Recording Academy is exploring several key initiatives focused on supporting and protecting music creators around the world, with an emphasis on advocacy, cross-cultural learnings, and economic growth, among many other measures. These initial priorities — informed by the local creative communities, music industry leaders and government officials — are the direct result of the Academy's on-the-ground learnings and exchanges over the past two years. 

"We took what we learned from our meetings with the local creatives and industry players and envisioned how and where the Recording Academy could be the most helpful in developing a sustainable ecosystem," Panay explained. "Sometimes, people don't recognize or understand how policies that are shared between states or countries accelerate the growth of an industry and help creators generate income. We think the Academy can play a role in all this with the help of our partners in these local governments and industries."

Education remains one of the key pillars of the Recording Academy's global expansion. Already, the Academy has made immense progress in this area via the recently launched GRAMMY GO, the Recording Academy's first-ever creator-to-creator platform and online learning experience. With GRAMMY GO, the Academy uses the collective knowledge base of its membership to spread industry expertise and help music creators enhance their careers. GRAMMY GO now serves as a bridge connecting the Academy and its members with local scenes around the globe.

"The programs we're already developing with GRAMMY GO are meant to begin introducing the Academy's prospects, abilities, and collective knowledge of its membership to these new regions," Panay said. "We see GRAMMY GO as the tip of our mission expansion into these areas because you got to lead first and foremost with education and skill development. These are critical to the development of creators and the growth of industries, and we think we can help accelerate that."

In the future, the Academy plans to offer enhanced training opportunities and educational programs specifically tailored to the needs of music creators in these regions and users worldwide.

Learn More: How The Recording Academy's GRAMMY GO Is Building A Global Online Learning Community & Elevating The Creative Class 

As the Recording Academy sets its plans for global expansion into motion, the organization is keeping creators from all over at the forefront — exactly as it's done over the decades. 

With additional reporting by Morgan Enos. 

Stay Connected To The Recording Academy With The My Academy Hub App: Access Key Deadlines, View Membership Information, Browse Official Academy Events & More