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

Diverse representation in the Recording Academy's leadership relies on the active participation of its membership. Open  Tuesday, May 16 — Monday, May 22, the 2023 At-Large Trustees Election once again provides Voting and Professional Members a chance to have a say in who represents them and directly elect their fellow creators and professionals to the Board of Trustees.

A robust turnout for this election can make a meaningful difference in the future of the Academy. Every ballot cast increases the likelihood of having a well-rounded Board that reflects the varied backgrounds, genres, and disciplines of the wider music community.

Whether this is your first time voting or you need a refresher, here's everything you need to know about the Recording Academy's upcoming 2023 At-Large Trustees Election.

When is the 2023 At-Large Trustees Election?

The At-Large Trustees Election is held each spring. The 2023 election opens Tuesday, May 16, at 8 a.m. local time and runs through Monday, May 22, at 11:59 p.m. local time. 

What is the difference between Chapter Board Elections and the At-Large Trustees Election?

During Chapter Board Elections, which took place in March, Voting and Professional Members vote to elect Governors to their local Chapter Board, and Chapter Boards vote to elect their respective Chapter Officers and Trustees.

During the At-Large Trustees Election, all Voting and Professional Members have the opportunity to elect four Trustees to the Board of Trustees.

Who is eligible to vote in the At-Large Trustees Elections?

All Voting and Professional Members of the Recording Academy are eligible and encouraged to vote in the At-Large Trustees Election. 

Who serves on the Board of Trustees?

The Board of Trustees is composed of 42 total Trustees. Four Trustees serve as National Officers (Chair, Vice Chair, Secretary/Treasurer, and Chair Emeritus). Of the remaining 38, eight Trustees are elected At-Large by the entire Voting and Professional membership. Since Trustees serve staggered two-year terms, only half of the Board seats are up for election each year.

All members of the Board of Trustees meet the same qualifications and serve the same goal: to uphold the mission of the Recording Academy and serve the music community at large.

Infographic explaining the Recording Academy's 2023 At-Large Trustees Election voting process | Infographic Courtesy of the Recording Academy

Who votes for Trustees?

Chapter Boards (Chapter Governors, Chapter Officers and Trustees) elect 15 Trustees each year during the Chapter Board Elections in the spring.

Voting and Professional Members elect four Trustees each year during the At-Large Trustees Election in May.

What are the responsibilities of Recording Academy Trustees?

In service to the greater music community, members of the Recording Academy Board of Trustees are responsible for: 

• Mission Alignment

• Corporate Governance

• Strategic Oversight

• CEO Oversight

• Budget Oversight 

Why is voting in the At-Large Trustees Election important?

Your vote helps ensure a diverse, inclusive and representative Board.

As demonstrated by the Recording Academy's richly diverse 2022 New Member Class, the Academy is committed to cultivating a true sense of belonging that embraces all communities, musical influences and crafts that power the music industry. Members have an opportunity to elect leaders who reflect this inclusivity.

The Board of Trustees holds a responsibility to serve the needs and aspirations of our vastly diverse music community and ensures the policies and procedures put in place by the Academy represent the values of all members. In partnership with Recording Academy CEO Harvey Mason jr., the Board of Trustees helps strategically guide and shape the mission and policies of the Academy and its commitment to promote diversity, equity and inclusion, fight for creators' rights, protect music people in need, and preserve music's history and invest in its future. 

Your vote makes a difference.

Voting in the At-Large Trustees Election ensures that your concerns and values as an active participant of the music community are heard and accurately represented on a national scale.

Voting is a right and a responsibility for all members.

While we love hearing creators' voices on stage and in recordings, it's our responsibility to listen to their concerns, ideas and recommendations to keep our Academy and our industry evolving.

Your vote is your voice.

As a member of the Recording Academy, your vote is tremendously valued and has the power to impact the Academy's greater goals and operations.

How can I vote in the At-Large Trustees Election?

When the At-Large Trustees Election opens on Tuesday, May 16, at 8 a.m. local time, Voting and Professional Members will receive an e-mail from the Recording Academy's online voting partner, Simply Voting, containing a direct link to their online ballot and a unique username and password. Please note this login is different from each member's Recording Academy login.

Once members click on their ballot link, they can review the candidate bios and cast their votes. Voting for the At-Large Trustees Election closes Monday, May 22, at 11:59 p.m. local time. 

If members did not receive an e-mail with their ballot, we ask them to please check their spam folder and add vote@simplyvoting.com to their approved senders list. For any further questions or issues, members can reach out to elections@recordingacademy.com. 

Learn more about Recording Academy Governance and view the current list of Elected Leaders.

Your Vote, Your Voice: 6 Reasons Why Your GRAMMY Vote Matters

For centuries, music has soundtracked the fight for societal change and revolutions around the world. From the protest anthems of the Civil Rights Movement to the powerful songs fueling the protests in Iran, music has remained an essential ingredient in the ongoing battle for progress and universal equality. Now, the Recording Academy, in partnership with United Nations Human Rights, continues this long tradition of championing progress via music.

This month, the Recording Academy announced a partnership with several United Nations Human Rights-supported global initiatives that aims to promote global social justice via the power of music. The multifaceted campaign will invite leading artists to use their talents and platforms to advocate for United Nations Human Rights goals, including advocating for the rights of women and the LGBTQ+ community as well as a host of other human rights issues, including gender equality and climate justice.

The Right Here, Right Now Music initiative — a partnership between the Recording Academy and the Right Here, Right Now Global Climate Alliance (Right Here, Right Now) — aims to combat the human rights crisis resulting from climate change, a timely issue impacting vurnerable communities around the world.

The Right Here, Right Now Mini Global Climate Concert Series, the first activation in this newly announced partnership, addressed this important issue head-on. The concert, held in Colorado's iconic Boulder Theater on Thursday, April 13, enlisted major artists, including the Lumineerslead singer and co-founder Wesley Schultz and special guestYola, as well as leaders in the music and intergovernmental industries to call attention to the human rights implications of climate change.

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The powerful performances from Yola and Schultz — combined with speeches addressing the importance of utilizing music as a tool to combat climate change — created an atmosphere of longing with an undercurrent of hope for the future.

"I wanted to show our support for these hosts, the Recording Academy and the United Nations [Human Rights], at this forum that addressed the interconnectedness of human rights and climate change," Schultz told the Recording Academy via email about his involvement in the Right Here, Right Now Mini Global Climate Concert Series. "As touring musicians, we can raise awareness about sustainable goals and inspire dialogue about the global climate crisis. As touring musicians, we can raise awareness and amplify calls to action for governments, education, businesses, and individuals to fight the global climate crisis.

"It is everyone's responsibility to help battle climate change," he continued. "But as touring musicians, we must work to seek out real solutions to the sizable carbon footprint that being on the road causes. That's why I'm working with an organization like Sound Future, who are working on finding systemic fixes to help touring become more carbon neutral."

The Recording Academy attended the inaugural Right Here, Right Now Mini Global Climate Concert Series in person. Below are five key takeaways from the collaborative launch event.

The Event's Location Was Chosen Deliberately

Outdoor marquee sign at the Boulder Theater in Colorado for the Right Here, Right Now Mini Global Climate Concert Series on April 13, 2023 | Photo: David Rose

David Clark, founder and CEO of Right Here, Right Now Global Climate Alliance, explained that launching the Mini Global Climate Concert Series in Boulder, Colorado, an area he described as a "hotbed" for climate justice, was a very conscious choice.

"We've got amazing national labs that are coming up with cutting-edge technology, cutting-edge data, research that's shaping the climate dialogue around the world," he said at the concert.

Boulder was also the home of last year's Right Here, Right Now Global Climate Summit, which hosted experts from over 100 nations, including Mary Robinson, the former U.N. High Commissioner for Human Rights and the President of Ireland.

The Climate Crisis Is A Human Crisis

The climate crisis already disproportionately impacts socially vulnerable groups: women, children, low-income families, and other historically marginalized communities.

"Human-caused climate change has already caused substantial and irreversible damage to ecosystems and livelihoods with disproportionate impacts on people in ongoing situations," Benjamin Schachter, UN Human Rights Team Leader for Environment and Climate Change, explained from the stage.

Schachter emphasized that countless lives have been lost due to the climate crisis already, and millions of people are displaced by climate and weather-related disasters annually.

Music Creates Powerful Connections

(L-R) David Clark, Harvey Mason jr., Chantel Sausedo, Benjamin Schachter | Photo: David Rose

The Recording Academy has a long history of championing change through the power of music — a point highlighted throughout the Right Here, Right Now Mini Global Climate Concert Series.

"Music is a crucial means of [catalyzing transformative action]," Schachter said. "It constitutes a common language, a means of expression."

"Music has some special abilities," Harvey Mason jr., CEO of the Recording Academy, explained in an impassioned speech from the stage. "It has the ability to give a voice to those that have none, to shine a light on injustices that exist in our world, and to inspire us all to take action."

Mason jr. also amplified an impactful message that reflected the theme of the night: Music is not just a means for entertainment, but a "powerful tool to galvanize social movements to speak the truth, the power to create community and to bring disparate people together for a common cause."

The World Must Band Together

Yola performing at the Right Here, Right Now Mini Global Climate Concert Series at the Boulder Theater in Colorado on April 13, 2023 | Photo: David Rose

Internationally acclaimed and GRAMMY-nominated guest artist Yola performed a no-frills set of raw, vocally driven songs intertwined with the mellow strum of her acoustic guitar. Many of Yola's songs spoke to her newfound strength to stand up for herself, a concept she explored on her 2021 album, Stand For Myself, and clap back at those in power — an appropriate theme that resonated throughout the environmental justice concert.

"This next one might be a little on the nose," Yola chuckled on stage as she introduced her aptly named, GRAMMY-nominated song, "Diamond Studded Shoes," and described the diamond-studded heels of a politician who was "slapping the meals out of kids' hands." The song's moving lyrics — "For the life and soul of the world we know/Fight, 'cause the promise is never gonna be enough" — and theme fully captured the message of the night: Even if things might be bad, resistance is possible and "it'll be fine if we just band together," she said.

Small Actions Lead To Impactful Change

Wesley Schultz of the Lumineers performing at the Right Here, Right Now Mini Global Climate Concert Series at the Boulder Theater in Colorado on April 13, 2023 | Photo: Dave Arnold

Wesley Schultz of the Lumineers took the stage to thunderous applause. Like Yola, Schultz's performance was an unedited glimpse at his raw talent: a 45-minute set composed of just his voice and an acoustic guitar.

Between songs – some of which were covers, others originals – Schultz shared stirring glimpses into his personal life, from his dad's death to a psychedelic-infused trip he had with his wife.

Schultz also shared that his wife, Brandy, is a co-founder of Sound Future, a nonprofit focused on "accelerating climate innovation for the live event industry," according to the organization's website. He explained how Sound Future used flexible solar panels and the heat of the Texas sun to power the stage at Willie Nelson's concert in Luck, Texas.

"It's a very simple idea, right? That we can turn certain things that seem really daunting into something that's very doable," Schultz reflected on the stage. "I think we can all make these little steps here and there, [combined] with the brilliant minds that people have out there, to make some innovation, to make [live shows] a little more friendly on the environment."

Learn more about the Recording Academy's and United Nations Human Rights' partnership, and stay tuned for future news and developments.

Fight The Power: 11 Powerful Protest Songs Advocating For Racial Justice

Earlier this month, the Recording Academy's Black Music Collective (BMC) — together with Amazon Music — relaunched the "Your Future Is Now" scholarship program for the third consecutive year.

This innovative program is designed to provide students at Historically Black Colleges and Universities (HBCUs) the opportunity to explore all facets of the music industry by offering unique networking opportunities with revered music industry leaders.

This year, five HBCU students will be selected to take part in the program; each recipient will be awarded a $10,000 scholarship. In addition, the BMC and Amazon Music will award two HBCUs $10,000 grants each for equipment for their music programs. The scholarship program also includes an immersive rotational program with Amazon Music and Recording Academy department leads.

The deadline to apply for this year’s "Your Future Is Now" scholarship program is this Friday, April 28. Selected scholarship recipients will be announced on Monday, May 8.

To celebrate this unique, career-building opportunity, the Recording Academy is highlighting past recipients of the "Your Future Is Now" scholarship, who reflected on the lessons they learned from the program and discussed its impact on their burgeoning careers.

Photo courtesy of Amir Duke.

Amir Duke

Attending HBCU: Morehouse College
Major: Economics with a minor in sales
Class of 2023

The biggest lesson that I learned during my experience in the "Your Future Is Now" scholarship program is the importance of genuine relationship building in the music business.

Being able to network with like-minded individuals and have strong relationships based on similarities and interests will take you far in the music business.

Exploring opportunities and taking your time in the music business is key to longevity. I learned not to rush my career process and to take each opportunity with grace.

Photo courtesy of Zsana Hoskins.

Zsana Hoskins

Attending HBCU: Howard University
Major: Journalism major with a minor in music
Class of 2024

I learned that the music industry has many layers, and there isn't one particular way to enter it.

There are so many more roles that are available to those who aspire to have a career in music outside of the cliche ones we often hear about. And the journey to a music industry career isn't linear at all.

Everyone's path is different, but the goal is achievable.

Photo courtesy of Jasmine Gordon.

Jasmine Gordon

Attending HBCU: Spelman College
Major: Comparative women's studies with a concentration in branding and marketing in the music industry and a minor in entrepreneurship
Class of 2025

I had the privilege of interacting with a diverse group of music industry professionals and creators who shared a valuable lesson with me.

I learned the importance of not confining oneself and placing yourself in a singular box, but instead expanding beyond one's creative boundaries and exploring different avenues.

As a young, Black creative, this perspective was particularly impactful for me as it showed me that there are no constraints to my passions within this industry.

I am now inspired to continue to break barriers and pursue my creativity with an open mind.

Photo courtesy of Jayden Potts

Jayden Potts

Attending HBCU: Jackson State University
Major: Music technology
Class of 2026

The biggest lesson I learned during my experience in the "Your Future Is Now" scholarship program is that everyone's path is completely different. Nobody has an exact path to the career they landed in.

It showed me how they persevered through every position they had and pushed forward to their goal in mind, motivating me to do the same.

Your Future Is Now: Music Industry Executives Discuss The Benefits Of Historically Black Colleges And Universities

When it comes to uplifting historically marginalized communities, the Recording Academy doesn't just talk the talk — it walks the walk.

The Recording Academy's Black Music Collective (BMC) — together with Amazon Music — have today relaunched their "Your Future Is Now" scholarship program for the third consecutive year.

Established in 2021, the program is designed to provide students at Historically Black Colleges and Universities (HBCUs) the opportunity to explore all facets of the music industry by offering unique networking opportunities with revered music industry leaders, including an immersive rotational program with Amazon Music and Recording Academy department leads. 

This year, five HBCU students will be selected to take part in the program and will each be awarded a $10,000 scholarship. In addition, the BMC and Amazon Music will award two HBCUs $10,000 grants each for equipment for their music programs.

The scholarship application opens today (Monday, April 3). Applicants must be a U.S. citizen or permanent resident currently enrolled at an HBCU pursuing a bachelor's degree in music, music business, business administration, marketing, communications, or a related field of study. The deadline to apply for the scholarship is Friday, April 28. Selected scholarship recipients will be announced on Monday, May 8.

Apply for the "Your Future Is Now" scholarship program now. 

"We are thrilled to bring back the 'Your Future Is Now' scholarship program in collaboration with Amazon Music for a third year," said Rico Love, Vice Chair of the Recording Academy Board of Trustees and BMC Chair. "With the support of our incredible DEI team Zing Shaw, Ryan Butler and Ricky Lyon, we are committed to leveling the playing field for the next generation of Black musicians and professionals by providing them with invaluable mentorship opportunities and experiences to prepare them for careers in the music industry."

"As a member of the Spelman College family, I know how HBCU networks serve as an ongoing sources of friendship as well as professional support. Projects like the 'Your Future Is Now' scholarship are vital to extending these connections to the next generation of HBCU students," said Phylicia Fant, Head of Music Industry and Culture Collaborations at Amazon Music. "The bonds these students will build as part of the scholarship program will last for decades to come, and Amazon Music is thrilled to be at the forefront of diversity and true and meaningful inclusion."

The Recording Academy and the Black Music Collective are thrilled about this impactful development and remain committed to uplifting people of all backgrounds and experiences in the service of one of humanity's greatest gifts: music.

Your Future Is Now: Music Industry Executives Discuss The Benefits Of Historically Black Colleges And Universities