Policies for the Recording Studio of the Towson
University Department of Music
Towson University Department of Music
Policies for the Recording Studio of the Towson University Department of Music
by Towson University Department of Music
iii
Table of Contents
1. Introduction............................................................................................................................1
2. Administration ...................................................................................................................... 3
3. Use Cases .............................................................................................................................12
4. Working Policies and Rules .................................................................................................16
A. Rate Schedule ......................................................................................................................17
B. Equipment Liability Agreement .........................................................................................19
C. Copyright Clearance for Musical Composition ..................................................................20
D. Studio License Agreement..................................................................................................21
E. Studio License Agreement Educational Use ......................................................................25
F. Mechanical License Agreement (Educational)...................................................................28
G. Recording Agreement for Non-Exclusive Services ............................................................29
H. Recording Agreement for Non-Exclusive Services (Educational Recording) ..................31
I. RSTUDM Studio Access Application ..................................................................................33
References................................................................................................................................36
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Chapter 1. Introduction
1.1. The Recording Studio of the Towson University Department of
Music
The Recording Studio of the Towson University Department of Music (RSTUDM) is designed and
built to support the creative work of the students and faculty of the Towson University Department
of Music. The RSTUDM is designed to function as a professional audio recording and production
facility, specialized for the recording and production of music. As a crucial component of
contemporary musical practice, and as an integrated component of the Center for the Arts building,
the RSTUDM is a usually and customarily provided resource.
The modern recording studio is an integrated musical instrument. Like communal instruments
found in many cultures, the recording studio is an instrument built for and maintained by a
community, for the sake of developing and distributing musical expression. The primary community
of the RSTUDM is the faculty of the Towson University Department of Music.
The RSTUDM consists of the Control Room, Machine Room, Storage Room, Main Room, and the
three Isolation Booths found in CA 3086, Center for the Arts, Towson University. The RSTUDM
contains networked audio and video to spaces remote to the RSTUDM, including the Recital Hall,
Kaplan Concert Hall, and the Choir and Band rooms. These spaces may function, when appropriate
and necessary, as auxiliary recording spaces of the RSTUDM.
All equipment, both loose and installed, found in the premises of the RSTUDM and documented on
the RSTUDM Materials Manifest (see Records, Storage, and Website, Section 2.10) are considered part
of the RSTUDM. Physical media (DATs, ADATs, CD-Rs, DVDs) may or may not belong to the
RSTUDM.
The RSTUDM was initially proposed by the Department of Music as part of the renovation and
expansion of the Center for the Arts in 1996. This initial proposal was authored by Dr. William
Kleinsasser. Funding was approved in 2001, design began in 2002, and construction began in 2004.
The facility was designed by Wilson Butler Lodge, Inc. (Boston) and Design Collective, Inc.
(Baltimore), with audio consultation provided by Acoustic Dimensions. Dr. William Kleinsasser, Dr.
David Kim-Boyle, and John Spivey contributed detailed audio and video equipment specifications.
Installation was performed by Audio Design Solutions, Inc. (ADS) and Maryland Sound and Image
(MSI). Revisions to the Control Room monitoring design were completed by Dr. Christopher Ariza
in 2006. Installation and software and hardware configuration by MSI and ADS continued through
the Fall of 2008. Training was provided and recorded on video by MSI in August and September of
2008. The RSTUDM formally opened on 10 December 2008.
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1.2. Programs within the RSTUDM
As a professional recording facility, the RSTUDM is well suited to handle a variety of recording
projects involving diverse ensembles. The facility additionally includes tools for audio editing,
mixing, and mastering. The RSTUDM is not designed for rehearsal, performance, or broadcast.
The RSTUDM is designed as a teaching recording studio. Two recording techniques classes are
taught within the RSTUDM. These courses are Recording Techniques I (MUSC 281) and Recording
Techniques II (MUSC 482). Additionally, course-based independent research at the undergraduate
and graduate level may make use of the RSTUDM. These classes will be referred to throughout this
document as “Department of Music recording techniques classes.”
FreeTrack is a program that invites Towson University students and faculty into the RSTUDM for
Pedagogical Recording Sessions of public domain and/or new works (licensed under the Mechanical
License Agreement (Educational), Appendix F). The completed recordings, owned by Towson
University and licensed under an open, non-commercial license (see the Recording Agreement for Non-
Exclusive Services (Educational Recording), Appendix H), will form the RSTUDM Audio Commons
Archive, a collection of documented materials for recording techniques pedagogy. These sessions
are conducted as part of the Department of Music recording techniques classes.
The RSTUDM may sponsor or be associated with special events or competitions, granting studio
time as an award to Performance Entities. Such awarded studio time may be staffed by Student
Engineers from Department of Music recording techniques classes. Various other independent
programs and projects, affiliated with and sponsored by the Department of Music, may be
conducted in the RSTUDM. The Pedagogical Director is responsible for administration and
supervision of awarded Sessions and other independent projects.
1.3. Scope and History of this Document
This document establishes the working policies of the RSTUDM. These policies are designed to
offer clear procedures for administration, use, maintenance, and future development of the
RSTUDM. The included Appendices provide forms and agreements for handling scheduling,
liability, copyright, and the ownership of intellectual property created within the RSTUDM.
The first draft of this document was created in the Fall of 2006 and Spring of 2007 by Dr.
Christopher Ariza. Revisions and expansions continued through the Fall of 2008. This document
was created under the guidance of an ad-hoc committee consisting of Dr. Christopher Ariza, Dave
Ballou, Dr. William Kleinsasser, and John Spivey. Rick Davis, Cataloging Librarian of Cook Library,
offered advice on intellectual property and copyright. Dr. Terry Ewell, Chair of the Department of
Music, the Department of Music Jazz and Commercial Music Division, and the Department of
Music Executive Committee offered additional refinements. Liability, copyright, and related
agreements were drafted by Towson University Associate Legal Council Barbara English in
consultation with Dr. Christopher Ariza. The complete text was drafted and edited by Dr.
Christopher Ariza.
Version 1 was approved by the Department of Music Faculty on 11 November 2008. Version 2 was
approved on 14 May 2009.
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Chapter 2. Administration
2.1. Priorities
The RSTUDM exists within the Department of Music to serve the needs of the Department of
Music, as well as those of the larger Towson University community. In order to clarify these needs,
the following priorities are established. These priorities are used to determine preferences in terms
of RSTUDM development, scheduling, and expenses.
1. Recording arts pedagogy. This includes the directed instruction, in-class demonstration, and
course-based independent research conducted by faculty and students in the Department of
Music recording techniques classes. This also includes the collection, archiving, and distribution
of licensed recordings for non-commercial use and pedagogical study.
2. The recording, mixing, and mastering of professional audio recordings produced and/or
performed by Department of Music faculty.
3. The recording, mixing, and mastering of professional audio recordings produced and/or
performed by Official Music Ensembles (e.g. course-based Department of Music ensembles,
ensembles administrated by the Department of Music or COFAC) and directed by full-time or
adjunct Department of Music Faculty or Staff
4. The recording, mixing, and mastering of professional audio recordings produced and/or
performed by Department of Music students.
5. The recording, mixing, and mastering of professional audio recordings produced and/or
performed by Towson University students, faculty, or organizations outside of the Department
of Music.
6. The recording, mixing, and mastering of professional audio recordings produced and/or
performed by individuals or organizations outside of the Towson community.
2.2. Administrative Positions
As a professional audio recording facility, all operators within the RSTUDM have specified positions
with delineated responsibilities. Administrative positions are responsible for operational specifics of
the studio or a recording session. Technical positions are responsible for direct operation of
RSTUDM equipment and software, and are technically trained in audio production and/or the
RSTUDM facilities.
The RSTUDM is managed by the Department of Music, with oversight provided by full-time
Department of Music faculty in the JCMD. The positions, defined below, are established in relation
to the operation of the RSTUDM. Neither these policies, nor these positions, supersede or
contradict existing authority structures as defined in existing Towson University policies.
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The Managing Director is responsible for Session scheduling, Staff Engineer assignment and
supervision, and general technical and financial administration of the RSTUDM. Additionally, the
Managing Director is the Program Director of the RSTUDM Stateside account (see Finances,
Maintenance, and Acquisitions, Section 2.9). This position is held by the Department’s
Computer/Audio Manager. This role is currently held by John Spivey.
The Pedagogical Director is responsible for pedagogical development, oversight of course-based
student projects and research, receiving and processing Studio Access applications, Staff Engineer
assignment and supervision, and general technical administration of the RSTUDM. This position is
held by the full-time faculty member responsible for courses in recording techniques. This role is
currently held by Dr. Christopher Ariza.
The Session Manager is a position held by any full-time Department of Music faculty member, or by
others designated by the RSTUDM/JCMD (see below). The Session Manager serves as a
representative of the Department of Music, and is responsible for the oversight of the Performance
Entity (see Performance Entities and Performance Entity Representatives, Section 2.3) involved in a Session
(see Sessions, Section 2.5). Staff and/or Visiting Engineers (see Technical Positions, Section 2.4),
responsible for technical tasks, will work with the Session Manager and the Performance Entity
Representative to complete the Session. A Session Manager may or may not be technically trained in
operation of the RSTUDM. The positions of Session Manager and Performance Entity
Representative may be occupied by the same person.
When appropriate and necessary the RSTUDM/JCMD may, via written approval, confer Session
Manager status to persons who are not full-time Department of Music faculty. Requests for such
exceptions must be made in writing. Denied requests may be appealed to the Department of Music
Executive Committee.
Full-time Department of Music faculty within the JCMD provide oversight over the policies and
budget of the RSTUDM. If the Managing or Pedagogical Directors are not within the JCMD, they
are given votes for all decisions relating to the RSTUDM. This larger committee, including the
Managing and Pedagogical Directors, is referred to within this document as the RSTUDM/JCMD.
If the RSTUDM/JCMD is unable to come to an agreement, decisions may be forwarded to the
Department of Music Executive Committee.
Changes to policies set forth in this document must be approved by majority vote of the
Department of Music Faculty. The RSTUDM/JCMD may independently make changes to fees, time
limits, and monetary limits set forth in the Rate Schedule (Appendix A).
2.3. Performance Entities and Performance Entity Representatives
A Performance Entity is a group of performers, contributors, or other artists recorded during a
Session. All Performance Entities must be associated with and supervised by a Session Manager.
Session Managers may simultaneously be included within a Performance Entity. Categories of
Performance Entities are defined in the Rate Schedule (Appendix A).
Each Performance Entity must have a single Performance Entity Representative. A Performance
Entity Representative works with Staff and/or Visiting Engineers to achieve the desired artistic goals
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of the Session. The Performance Entity Representative is personally responsible for payment of fees
(see the Rate Schedule, Appendix A and the Studio License Agreement, Appendix D), copyright clearance
and mechanical license fees, and equipment liability (see Equipment Liability Agreement, Appendix B).
A Session Manager included within a Performance Entity may simultaneously occupy the position of
Performance Entity Representative.
2.4. Technical Positions
A Student Engineer is a Towson University student who is currently enrolled in Recording
Techniques II (MUSC 482).
A Junior Assistant Engineer is a Towson University student or contingent employee who has either
(a) successfully completed both of the Department of Music recording techniques classes and has
been approved for work in the RSTUDM by the Pedagogical Director or (b) has been trained and
approved by the Managing Director.
A Senior Assistant Engineer is a Towson University student or contingent employee who has
completed the requirements of a Junior Student Engineer and has demonstrated over 80 hours of
satisfactory work-experience in the RSTUDM. The title of Senior Assistant Engineer is granted by
the Managing and Pedagogical Directors.
A Visiting Engineer is a professional audio engineer who has been invited by a Session Manager or a
Performance Entity Representative to work on a Session in the RSTUDM. Visiting Engineers must
have demonstrated experience in professional audio recording, and will be required to submit a
professional resume. If lacking such experience, the RSTUDM/JCMD reserves the right to deny
Visiting Engineer status. Appeals to such decisions may be brought to the Department of Music
Executive Committee. A Staff Engineer must be present during all Sessions conducted by Visiting
Engineers.
Junior and Senior Assistant Engineers are Staff Engineers. At this time, there does not exist a Chief
Engineer of the RSTUDM. Professional engineers or industry specialists may be invited to the
RSTUDM to serve as visiting or resident Chief Engineers. While providing technical training,
assistance, and oversight, the Managing and Pedagogical Directors are not Staff Engineers.
2.5. Sessions
A Session is a period of time in the RSTUDM in which a recording is made and/or produced. A
Session includes all setup, recording, mixing, mastering, and strike time conducted within the
RSTUDM. All Sessions must have a single Session Manager and a single Performance Entity
Representative.
All Performance Entities who desire to use the RSTUDM must secure a Session Manager
(Administrative Positions, Section 2.2). As stated above, the Session Manager may be a member of the
Performance Entity. During Pedagogical Recording Sessions, the Pedagogical Director serves as
Session Manager. All Performance Entities must submit a Studio Access Application (Appendix I).
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The Studio Access Application will be available for download from the RSTUDM website
(http://rstudm.org). All applications must be submitted electronically via email to the Pedagogical
Director; paper documents will not be accepted. Applications from Performance Entities not
affiliated with the Department of Music (Towson University Students (Section A.5), COFAC
Faculty and Organizations (Section A.6), Towson (Non-COFAC) Faculty and Organizations
(Section A.7), and Off-Campus Organizations and Individuals (Section A.8)) will be voted on by the
RSTUDM/JCMD. In the case of a negative vote, the Performance Entity may appeal the decision to
the Department of Music Executive Committee.
Each session will be issued a unique Session Index Number (SIN) by the Managing or Pedagogical
Director. All computer files relating to this session, as well as all paperwork, documents, and forms
associated with the Session, must bear the SIN.
Sessions are granted a period of time in terms of hours. The details of scheduling sessions are
provided in Session Scheduling (Section 2.7). If the Session is not completed within this time, a new
Session, with a new SIN, may be scheduled.
The Session Manager and Performance Entity Representative must be present throughout the
Session. As defined in the Equipment Liability Agreement (Appendix B), Performance Entity
Representatives are responsible for repair or replacement costs of any equipment damaged as the
result of negligence. Any damages must be recorded in the Incident Manifest (Section 2.10.3). In the
case of disputes in regard to liability, written appeal can be made to the RSTUDM/JCMD. Further
appeal, if necessary, can be made to the Department of Music Executive Committee.
Staff Engineers assigned to a Session will be given a Control Room key. Visiting Engineers will work
with Staff Engineers to gain access to the Control Room, the Machine Room (if necessary), and the
Storage Room. Session Managers may be given keys to the Main Room, providing access to the
recording spaces for setup.
Three types of Sessions are permitted in the RSTUDM:
1. Pedagogical Recording Sessions. The purpose of these Sessions is the study and pedagogical
development of recording techniques. The products of these Sessions will be made available for
students and/or the public as part of the RSTUDM Audio Commons Archive, and will be
licensed under the Recording Agreement for Non-Exclusive Services (Educational Recording) (Appendix
H).
Works recorded during Pedagogical Recording Sessions must be either free of copyright (in the
public domain) or be new works, with copyright owned by the performers and licensed under
the Mechanical License Agreement (Educational) (Appendix F).
2. Educational Use Recording Sessions. The purpose of these Sessions is the creation of
professional recordings of Official Music Ensembles (Section A.1). The terms and conditions of
these sessions are defined in the Studio License Agreement Educational Use (Appendix E). The
products of these Sessions will be controlled by Towson University.
Works recorded during Educational Use Sessions must be either free of copyright (in the public
domain), new works with copyright owned by the Session Manager or Performance Entity
Representative, new works with copyright owned by the Performance Entity, or licensed
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and/or fully authorized performances of copyrighted works. The Performance Entity
Representative is fully responsible for securing all copyright permissions and, if necessary upon
publication, payment of mechanical licenses.
3. Professional Recording Sessions. The purpose of these Sessions is the creation of professional
recordings. The terms and conditions of these sessions are defined in the Studio License Agreement
(Appendix D). The products of these Sessions will be controlled by the Performance Entity.
Works recorded during Professional Recording Sessions must be either free of copyright (in the
public domain), new works with copyright owned by the Session Manager or Performance
Entity Representative, new works with copyright owned by the Performance Entity, or licensed
and/or fully authorized performances of copyrighted works. The Performance Entity
Representative is fully responsible for securing all copyright permissions and, if necessary upon
publication, payment of mechanical licenses.
2.6. Distribution
Distribution of materials recorded at the RSTUDM are governed by the following categories.
1. Pedagogical Recording Sessions. Recordings of public domain and/or new works (licensed
under the Mechanical License Agreement (Educational), Appendix F) will be made available for
internal and/or external distribution under the Recording Agreement for Non-Exclusive Services
(Educational Recording) (Appendix H), as part of the RSTUDM Audio Commons Archive.
2. Educational Use Recording Sessions. It is the responsibility of Performance Entity
Representatives to make explicit arrangements as to copyright permission, ownership, and
mechanical licensing. Distribution of recordings owned by Towson University requires approval
by the Provost’s Office and/or assignees with delegated authority. The recording of a
published, copyrighted work that has never been recorded and distributed cannot take place
without written permission from the copyright holder.
3. Professional Recording Sessions. It is the responsibility of Performance Entity Representatives
to make explicit arrangements as to copyright permission, ownership, and mechanical licensing.
Recordings produced during Professional Recording Sessions will not be distributed or
published under any affiliation of the RSTUDM. In the case that RSTUDM Staff have provided
original contributions, the Performance Entity Representative may secure these copyrights with
the Recording Agreement for Non-Exclusive Services (Appendix G). The recording of a published,
copyrighted work that has never been recorded and distributed cannot take place without
written permission from the copyright holder.
The RSTUDM will only distribute works with full copyright licensed under the Recording Agreement for
Non-Exclusive Services (Educational Recording) (Appendix H) and mechanical rights under the Mechanical
License Agreement (Educational) (Appendix F).
As defined in the Studio License Agreement (Appendix D), Recording Agreement for Non-Exclusive Services
(Appendix G), and Recording Agreement for Non-Exclusive Services (Educational Recording) (Appendix H),
all published recordings created in the RSTUDM must credit the studio. The type of work
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completed in the RSTUDM (recording, mixing, and/or mastering) must be indicated. For example,
if recording and mixing were completed within the RSTUDM, the following indication must be
used: “Recorded and mixed at the Recording Studio of the Towson University Department of Music
(RSTUDM).”
2.7. Session Scheduling
The Managing Director is responsible for scheduling all Sessions. All requests must be made in the
form of a Studio Access Application. This form must be submitted digitally via email to the
Pedagogical Director. After application approval, scheduling requests must be confirmed with the
Managing Director. Studio scheduling is made in one-hour increments. All scheduling requests must
be made at least two weeks prior to the desired session date, and cannot be made more than
eighteen months in advance. Time limit exceptions may be made in special circumstances based on
availability and approval of the RSTUDM/JCMD.
The RSTUDM is made available under four contexts: (1) course-based teaching, (2) independent
student studio time, (3) Managing and Pedagogical Director administration and maintenance, and (4)
open studio time.
As affirmed by the priorities statement, course-based teaching and student studio time are given
priority during the Fall and Spring semesters. Prior to the beginning of each semester, the Managing
and Pedagogical Directors will specify these times.
1. Course-Based Teaching. Department of Music recording techniques classes will be taught, in
full or in part, in the RSTUDM. These courses will meet for up to two 1 hour and 15 minute
sessions per week per section offered.
2. Independent Student Studio Time is reserved studio time for students enrolled in Department
of Music recording techniques classes to pursue course-based work. At least 15 hours per week
will be given for Independent Student Studio Time. A Staff Engineer must be present during all
Student Studio Times.
3. The Managing and Pedagogical Directors may reserve studio time for administration and
maintenance. This time will be used for testing, developing, installing, and configuring
RSTUDM hardware and software.
4. Open Studio Time is available for Sessions within regular RSTUDM hours of operation. A Staff
Engineer must be present during all Open Studio Times.
2.8. Session Procedures, Limits, and Fees
As a professional audio recording facility, effective usage and long-term maintenance of the
RSTUDM requires trained staff. As such, only technically qualified student, staff, or visiting
engineers, in addition to the Managing and Pedagogical Directors, are permitted to operate
RSTUDM equipment. Exception is only granted to technically qualified Session Managers approved
by the RSTUDM/JCMD in writing.
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All Educational Use and Professional Recording Sessions (Sessions, Section 2.5) in the RSTUDM
must be conducted with the presence of at least one Staff Engineer. Sessions employing auxiliary
recording spaces must be conducted with the presence of at least two Staff Engineers. Exception is
only granted to technically qualified Session Managers approved by the RSTUDM/JCMD.
In many circumstances one or more Staff Engineers will setup and run the entire recording session,
under the artistic direction of the Performance Entity Representative and/or Session Manager. The
Staff Engineer may be responsible for mixing and mastering, also under the artistic direction of the
Performance Entity Representative and/or Session Manager; or, recorded materials may be
delivered to the Session Manager for external mixing and mastering. In the case of a Visiting
Engineer, a Staff Engineer will be available to assist the engineer in the particular technical details of
the RSTUDM. Staff Engineers further function to ensure adherence to RSTUDM policies and
proper care of equipment.
Staff Engineers are paid a fee based on current rates for student workers or contingent employees.
Depending on budget allocations, Staff Engineer fees may be discounted for Performance Entities
affiliated with the Department of Music. Additional maintenance fees for general studio upkeep are
required of all Performance Entities. The Performance Entity Representative is responsible for
collecting and/or providing the fees to the Managing Director. Details in regard to the payment of
fees are provided in the Studio License Agreement (Appendix D) and Studio License Agreement Educational
Use (Appendix E).
In order to provide fair access to the RSTUDM, yearly time limits are established for various types
of Performance Entities. Time limits are allocated in relation to Performance Entity, not Session
Manager, and are specified within the academic year. Time limits are not transferable and do not
rollover to subsequent years. Time limits cannot be pooled within a single Session, even if that
Session contains multiple individuals with time allocations.
All fees and time limits, as documented in Rate Schedule (Appendix A), are subject to change based on
budgetary needs of the RSTUDM and the Department of Music, and may be scaled to better reflect
contemporary market conditions. The RSTUDM/JCMD will annually review and update the fee and
time limit schedule.
2.9. Finances, Maintenance, and Acquisitions
A Towson University Stateside Self-Support Account will be established for the RSTUDM. All Staff
Engineer and maintenance fees obtained from Sessions will be deposited in this account. Funds
from this account will be used to pay Staff Engineers and fund RSTUDM structure and equipment
maintenance and expansion. Funds from this account may additionally be used for visiting or
resident Chief Engineers and guest speakers, as well as other pedagogical presentations and
resources.
Finances of the RSTUDM will be recorded and managed by the Managing Director, with oversight
provided by the Department of Music Chair. The Managing Director, as Program Director of the
RSTUDM Stateside Account, is the signatory, and the Chair is the secondary signatory.
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All Staff Engineer fees obtained form Sessions will be transfered to the Department of Music
account for payment to Staff Engineers.
Annual requests for equipment repairs and acquisitions will be made by the Managing and
Pedagogical Directors. These requests may be reviewed by the RSTUDM/JCMD. In the case that
the RSTUDM Stateside account does not have sufficient funds for repairs and acquisitions, requests
may be made directly to the Department of Music.
2.10. Records, Storage, and Website
2.10.1. Materials Manifest
The RSTUDM Materials Manifest provides a complete list of all hardware and software in the
RSTUDM. This document will be maintained as a spreadsheet. This document will contain all serial
numbers for hardware and software, as well as, in the case of software, authorization and licensing
codes.
The RSTUDM Materials Manifest additionally contains a schedule of planned retirement and
replacement for all RSTUDM equipment. With this information annual maintenance expenses will
be projected at least twenty years in advance.
In the rare case that an item is checked-out of the RSTUDM, the dates of usage and the name of the
person responsible for the equipment will be entered into the Materials Manifest. Only specially-
designated materials may be removed from the RSTUDM, and removal must comply with Towson
University policies on removal and use.
2.10.2. Session Manifest
The RSTUDM Session Manifest provides a complete list of all Sessions that take place in the
RSTUDM. For each Session, the names of the Performance Entity Representative, the Session
Manager, and the Staff Engineer(s) are recorded. Each Session will be provided with a Session Index
Number (SIN). This number will be used for cataloging and scheduling, and must appear on all
documents associated with the Session.
2.10.3. Incident Manifest
The RSTUDM Incident Manifest provides a complete list of any and all incidents that occur in the
RSTUDM or that involve RSTUDM equipment. All incidents, regardless of the presence or absence
of visible or audible damage, the context of the incident, or the persons involved, must be recorded.
For each incident, the date, the Session Index Number (if applicable), the name and serial number of
the equipment, and a description of the incident are recorded.
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2.10.4. Recording Archives
Pedagogical recordings, when possible, will be permanently archived on RSTUDM hardware and
may be made available for distribution via the internet as the RSTUDM Audio Commons Archive.
All archives will be stored under the appropriate Session Index Number.
All other Sessions will be permitted to remain on RSTUDM hardware for no more than one week.
During this time backup and storage of audio materials must be performed on third-party hardware
and removed from the RSTUDM. The RSTUDM is not responsible for the maintenance and
storage of these materials; backup and data integrity are entirely the responsibility of the
Performance Entity Representative and/or the Session Manager.
2.10.5. RSTUDM Website
The RSTUDM website describes the studio and provides links to this policy, the Studio Access
Application, and all other relevant documentation. Additionally, this website may offer links to
downloads of materials in the RSTUDM Audio Commons Archive. This website will be managed by
the Pedagogical Director and is currently available at the following URL: http://rstudm.org
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Chapter 3. Use Cases
3.1. Illustration by Example
The policies of the RSTUDM can be demonstrated in a limited fashion through specific and detailed
examples. These examples will offer practical illustrations of RSTUDM usage. Reference will be
made to specific terms and policies explained in full elsewhere in this document. Monetary values
provided in these examples may be out of date; consult the Rate Schedule
(Appendix A) for complete
information. These examples are limited and should not be construed as illustrative of all policies
and use cases.
3.2. Case: Department of Music Faculty
Professor Dave Ballou desires to record a new album of music for trumpet and bass. As a member
of the Department of Music, Professor Ballou’s ensemble is a Department of Music Faculty
Performance Entity (Section A.2). He downloads the Studio Access Application (Appendix I) from
the RSTUDM web site, completes it, and emails it to the Pedagogical Director. In his application he
identifies himself as both the Session Manager and the Performance Entity Representative, and thus
assumes responsibility for all non-technical aspects of his session. He requests one eight hour
session with one Staff Engineer. As he intends to have the tracks mixed and mastered by an
engineer in New York, he identifies that the only service he needs is recording. He requests a date
for his Session in two weeks, the minimum time permitted for advance Session scheduling.
The Managing Director, after receiving the application from the Pedagogical Director, finds an
available eight-hour Session a week after the date requested. The Managing Director confirms this
date with Professor Ballou and issues the session a Session Index Number. Prior to the session,
Professor Ballou meets with the Managing Director and completes the Studio License Agreement
(Appendix D), Equipment Liability Agreement (Appendix B), and Copyright Clearance for Musical
Composition (Appendix C). The Studio License Agreement, identified with the Session Index Number,
states the date and time of his session and that he, as the Performance Entity Representative, will be
charged a Staff Engineer fee of $25 per hour and a maintenance fee of $2 per hour. Professor Ballou
agrees to the terms and a total fee of $216, signs the Session Contract, and provides the Managing
Director with a check made out to the RSTUDM.
On the day of his session Professor Ballou and his bassist arrive at the RSTUDM. The Staff
Engineer assigned to the session, a student who has completed both MUSC 281 and MUSC 482 and
who has worked in the RSTUDM on a number of projects as a Junior Assistant Engineer, has
already arrived with keys and has opened the Main Room and Control Room. Professor Ballou
discusses the music to be recorded and the kind of sound he desires with the Staff Engineer. As a
member of the Performance Entity, the bassist must also sign the Equipment Liability Agreement
(Appendix B). After seven hours all the necessary music is recorded and the remaining time alloted
is used for striking the setup. Professor Ballou, having brought an external Firewire hard-drive, has
the Staff Engineer transfer the necessary audio files to this hard-drive.
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Professor Ballou delivers the hard-drive to his engineer in New York, who completes the mixing and
mastering of the album. As stated in the Studio License Agreement (Appendix D), Professor Ballou has
his recording label state in the album’s notes that the music was “Recorded at the Recording Studio
of the Towson University Department of Music.”
3.3. Case: Department of Music Student
Maria, a junior at Towson and a vocalist within the Department of Music, desires to record two
compositions for her portfolio. The compositions require piano accompaniment, and she finds
another student to accompany her. To use the RSTUDM, Maria is required to have a Department of
Music faculty member serve as Session Manager. She asks Professor James Anthony to serve as
Session Manager, and he accepts. As Maria is a student within the Department of Music, the
ensemble she has formed for this Session is a Department of Music Student Performance Entity
(Section A.4). Maria downloads the Studio Access Application (Appendix I) from the RSTUDM
web site, completes it, and emails it to the Pedagogical Director.
In her application she identifies herself as the Performance Entity Representative and Professor
Anthony as the Session Manager. She schedules one four hour session with one Staff Engineer. As
she needs the tracks mixed and mastered, she allows for extra time for the Staff Engineer to
complete these tasks. She estimates the total time necessary through consultation with the
Pedagogical Director. As the two works Maria desires to record are under copyright, the Pedagogical
Director informs her that she must obtain the a Mechanical License prior to the session.
The Managing Director finds an available four hour Session. The Managing Director confirms this
date with Maria and issues the session a Session Index Number. Prior to the session, Maria meets
with the Managing Director and completes the Studio License Agreement
(Appendix D), Equipment
Liability Agreement (Appendix B), and Copyright Clearance for Musical Composition (Appendix C). Having
obtained Mechanical Licenses from the Harry Fox Agency, a copy of these licenses are attached to
these documents. The Studio License Agreement states that Maria will be charged a Staff Engineer fee
of $25 per hour and a maintenance fee of $10 per hour, for a total fee of $140. Maria agrees to the
terms and, as Performance Entity Representative, signs the Studio License Agreement. Maria provides
the Managing Director with a check made out to the RSTUDM.
On the day of her session Maria, her pianist, and Professor Anthony arrive at the RSTUDM. The
Staff Engineer assigned to the session has already arrived with keys and has opened the Main Room
and Control Room. As a member of the Performance Entity, the pianist must sign the Equipment
Liability Agreement (Appendix B). The engineer sets up various microphones, prepares the necessary
files on the computer, and begins the recording. After a few takes of each piece, the recording is
complete. Maria and Professor Anthony leave, and the Staff Engineer proceeds to edit, mix, and
master the recordings.
As the Staff Engineer, in editing, mixing, and mastering, provided original contributions to the
production, Maria and the Staff Engineer complete the Recording Agreement for Non-Exclusive Services
(Appendix G). This agreement transfers and assigns all original production rights in the recording to
Maria.
14
The completed recordings are burned to a CD-R provided by Maria, and are then delivered to the
Managing Director for Maria to pick-up at a later date.
3.4. Case: Pedagogical Recording Session
As part of MUSC 482, Professor Ariza invites a jazz quartet made of Towson students to record in
the RSTUDM as part of the FreeTrack series of in-class pedagogical recording sessions. The
students arrive prior to the beginning of class to prepare for the session. One of the MUSC 482
students assigned to work on this session works with the Performance Entity Representative to
complete the necessary agreements for a FreeTrack session.
When completing the Copyright Clearance for Musical Composition (Appendix C), the Performance Entity
Representative states that they will be improvising a new composition. They license this new
composition to Towson University with the Mechanical License Agreement (Educational) (Appendix F).
Additionally, the Performance Entity Representative completes the Recording Agreement for Non-
Exclusive Services (Educational Recording) (Appendix H), transferring and assigning all performance
copyrights in the recording to Towson University, while at the same time gaining the right to use the
properly-attributed recording in any non-commercial form.
By the end of the semester a MUSC 482 student completes a mix and master of the recording. This
recording is delivered to the ensemble. As permitted by the Recording Agreement for Non-Exclusive
Services (Educational Recording)
, the ensemble posts the file on their website for free download, with
proper attribution to the RSTUDM. Additionally, the source tracks, as documented materials for
pedagogical study and non-commercial use, are hosted on Archive.org and are made available for
free download through the RSTUDM website.
3.5. Case: Department of Music Ensemble
Professor Brenda Leach desires to make a studio-quality recording of the Towson University
Orchestra. Rather than record an entire CD, she simply desires to record a single short work and
distribute it via the internet. As an official music ensemble directed by a Department of Music
faculty member, the orchestra is an Official Music Ensemble Performance Entity (Section A.1). She
completes the appropriate application (Appendix I) and emails it to the Pedagogical Director. She
identifies herself as both the Session Manager and Performance Entity Representative, and notes
that she will need to reserve both Kaplan Hall and the RSTUDM. She requests two staff engineers,
one for the RSTUDM and one for Kaplan Hall, and requests a four hour session, assuming that
some of this time will be used for mixing and mastering.
The Managing Director finds an available four hour Session. The Managing Director confirms this
date with Professor Leach and issues the session a Session Index Number. The Studio License
Agreement Educational Use (Appendix E) states that the Orchestra, through Professor Leach as
Performance Entity Representative, will be charged a Staff Engineer fee of $25 per hour per
engineer ($50 per hour for two engineers) and a maintenance fee of $2 per hour, for a total fee of
$208 for the four hour session. Professor Leach agrees to the terms and signs the Studio License
Agreement Educational Use (Appendix E), Equipment Liability Agreement (Appendix B), and Copyright
15
Clearance for Musical Composition
(Appendix C). Professor Leach provides the Managing Director with
a check made out to the RSTUDM.
On the day of her session Professor Leach meets with her assigned Staff Engineers in the RSTUDM
and discusses the music to be recorded. One engineer, working in Kaplan Hall, configures the
microphones; the other Staff Engineer, working in the RSTUDM, configures the recording system.
Through remote audio and video communication, the recording is initiated. After an hour of
recording, the RSTUDM unexpectedly goes off-line due to a power failure and cannot be quickly
restored to full operation. After consultation with the Staff Engineers, the session is suspended.
The Managing Director is able to reschedule the session to be resumed the following week. With
three hours of time remaining, the recording is completed in an hour and the remaining time is used
to mix and master the recording in the RSTUDM. Professor Leach, present during the mixing and
mastering, offers the Staff Engineer advice as to the artistic direction of the finished recording.
Professor Leach provides the engineer a CD-R on which to copy the audio files. She makes a high-
quality MP3 from the file and, after securing the necessary University permissions, begins
distributing the recording via the internet on the Department of Music’s website.
3.6. Case: Non-COFAC Towson Organization
Towson University’s public radio station, WTMD, desires to use the RSTUDM to record a four-
member band. As broadcasting from the RSTUDM is not permitted, they book a two hour session
to record audio, and then mix and broadcast the material from their studios. As a Towson (Non-
COFAC) Faculty and Organization Performance Entity (Section A.7), WTMD must obtain a full-
time faculty member to serve as Session Manager. WTMD contacts Professor Karen Kennedy, who
agrees to serve as Session Manager. WTMD completes the Studio Access Application (Appendix I)
and emails it to the Pedagogical Director.
Applications from Performance Entities not affiliated with the Department of Music are approved
by vote of the RSTUDM/JCMD. After the WTMD application is approved, the Managing Director
finds an available two hour Session. The Managing Director confirms this date with the WTMD
representative and issues the session a Session Index Number. The WTMD representative, as the
Performance Entity Representative, meets with the Managing Director and completes the Studio
License Agreement (Appendix D), Equipment Liability Agreement (Appendix B), and Copyright Clearance for
Musical Composition (Appendix C). The Studio License Agreement states that WTMD will be charged
a Staff Engineer fee of $25 per hour and a maintenance fee of $45 per hour, for a total fee of $140.
The WTMD representative provides the Managing Director with a check made out to the
RSTUDM.
On the day of the session the WTMD representative, Professor Kennedy, and the ensemble arrive at
the RSTUDM. Each member of the ensemble completes the Equipment Liability Agreement (Appendix
B). The Staff Engineer sets up various microphones, prepares the necessary files on the computer,
and begins the recording. After recording is completed the audio files are transferred to a portable
FireWire drive provided by WTMD.
16
Chapter 4. Working Policies and Rules
4.1. General Policies
No food or beverages of any kind (except small water bottles with lids in the Main Room) are
permitted in the RSTUDM. No smoking is permitted. No guests or visitors are permitted during
student studio times or Sessions without approval of the Managing or Pedagogical Directors. No
flammable, corrosive, or other toxic or illegal substances are permitted within the RSTUDM. No
sessions, other than those explicitly authorized, may be conducted.
4.2. Computer Policies
No software may be installed on any RSTUDM computers without prior authorization of the
Managing or Pedagogical Directors. Software updates and maintenance are to only be done by the
Managing or Pedagogical Directors, or by third parties with written authorization from the
Managing or Pedagogical Directors.
All settings of RSTUDM computers are fixed. No changes to settings, preferences, or other
configurations of RSTUDM computers are permitted, except those specifically authorized and/or
executed by the Managing or Pedagogical Directors.
17
Appendix A. Rate Schedule
The following schedule details all fees based on Performance Entity. Performance Entity rates and
time limits are allocated based on the identity of the individual or the group using the RSTUDM.
Some Performance Entities, noted below, may qualify for discounted Staff Engineer fees.
Discounted Staff Engineer fees will be determined annually based on Department of Music budget
allocations.
Performance Entities that have an annual operating budget that exceeds $25,000 will follow the rate
schedule of Off-Campus Organizations and Individuals (Section A.8). Both fees and hour limits apply.
This monetary limit is subject to change based on budgetary needs of the RSTUDM and the
Department of Music, and may be scaled to better reflect contemporary market conditions. The
RSTUDM/JCMD will annually review and update this limit.
Performance Entities are responsible for all parking and parking-related fees. If Performance
Entities park in Towson University lots, fees are assessed on a per car per day basis and will be set
when the Studio License Agreement is completed. The RSTUDM, the Department of Music, and
Towson University are not responsible for parking ticket fees.
As stated in Section 2.8, all fees and time limits defined in this Appendix are subject to change based
on budgetary needs of the RSTUDM and the Department of Music, and may be scaled to better
reflect contemporary market conditions. The RSTUDM/JCMD will annually review and update fees
and time limits.
All Performance Entities must have a Session Manager, as defined above. This list excludes
Pedagogical Recording Sessions, which require neither a Staff Engineer nor a maintenance fee.
A.1. Official Music Ensemble
A course-based Department of Music ensembles, or an ensemble administrated by the Department
of Music or COFAC and directed by full-time or adjunct Department of Music faculty or staff: $25
per hour Staff Engineer fee per engineer; $2 per hour maintenance fee; limit of 16 hours per year.
(Discounted Staff Engineer fees may apply.)
A.2. Department of Music Faculty
A Performance Entity constituted of one or more Department of Music faculty members whom (a)
perform in, (b) direct, and/or (c) are the composer(s) of the music performed: $25 per hour Staff
Engineer fee per engineer; $2 per hour maintenance fee; limit of 32 hours per year. (Discounted
Staff Engineer fees may apply.)
18
A.3. Department of Music Adjunct Faculty
A Performance Entity constituted of one or more Department of Music adjunct faculty members
whom (a) perform in, (b) direct, and/or (c) are the composer(s) of the music performed: $25 per
hour Staff Engineer fee per engineer; $2 per hour maintenance fee; limit of 16 hours per year.
(Discounted Staff Engineer fees may apply.)
A.4. Department of Music Students
A Performance Entity constituted exclusively of Department of Music students whom (a) perform
in, (b) direct, and/or (c) are the composer(s) of the music performed: $25 per hour Staff Engineer
fee per engineer; $10 per hour maintenance fee; limit of 8 hours per year.
A.5. Towson University Students
A Performance Entity constituted exclusively of Towson University students whom (a) perform in,
(b) direct, and/or (c) are the composer(s) of the music performed: $25 per hour Staff Engineer fee
per engineer; $15 per hour maintenance fee; limit of 8 hours per year.
A.6. COFAC Faculty and Organizations
A Performance Entity constituted of COFAC Faculty or Organizations: $25 per hour Staff Engineer
fee per engineer; $35 per hour maintenance fee; limit of 16 hours per year.
A.7. Towson (Non-COFAC) Faculty and Organizations
A Performance Entity constituted of Towson (Non-COFAC) Faculty or Organizations: $25 per
hour Staff Engineer fee per engineer; $45 per hour maintenance fee; limit of 16 hours per year.
A.8. Off-Campus Organizations and Individuals
A Performance Entity constituted of off-campus organizations or individuals: $25 per hour Staff
Engineer fee per engineer; $85 per hour maintenance fee; limit of 16 hours per year.
19
Appendix B. Equipment Liability Agreement
This Agreement is made this ______ day of ____________, 20______, by and between Towson
University (the “University”) and ________________________ (“You”).
In consideration of the University’s allowing You to use The Recording Studio of the Towson
University Department of Music (“Studio”), You hereby agree to reimburse the University for the
repair or replacement costs of any equipment in the Studio (“Equipment”) which is damaged by
Your use of such Equipment as the result of Your negligence. You also acknowledge that You have
read this Agreement and understand your obligation to pay any such costs.
In the event You fail to carry out Your obligation under this Agreement, the obligation shall be
deemed a fee due the University. If You are a student and You do not pay the fee, following a
proper demand for payment, the University shall have the right, in addition to any other remedies
available to it, not to allow You to register for other courses or not to honor transcript or diploma
requests. If You are an employee and You do not pay the fee, following proper demand for payment
and an opportunity to rebut the claim, the University shall have the right, in addition to any other
remedies available to it, to deduct the cost from your pay.
You represent and warrant that You are over the age of eighteen.
____________________________________________________________
____________________________________________________________
Date
20
Appendix C. Copyright Clearance for Musical Composition
Session Index Number: ______________________________________
Composition to be Recorded: ________________________________
_______________________________________
Composer(s): _______________________________________
_______________________________________
Year Composition was Published: ____________________________
Arrangement by: _______________________________________
Year Arrangement was Published: ____________________________
Check applicable provisions:
1. ______ This composition and any arrangements are in the public domain.
2. ______ This composition and any arrangements have been licensed by the composers (attach
copy of Mechanical License Agreement).
3. ______ Other (explain):
____________________________________________________________
____________________________________________________________
21
Appendix D. Studio License Agreement
Session Index Number: ______________________________________
This Studio License Agreement (“Agreement”) is entered into on ______, 20______, between
________________________ (“Performance Entity”) and The Recording Studio of the Towson
University Department of Music (“Studio”).
D.1. Studio License
Towson University hereby licenses the Studio to Performance Entity for the following dates and
times (collectively, the “Recording Period”).
Date: __________________ Start time: ______ End time: ______
Date: __________________ Start tine: ______ End time: ______
Date: __________________ Start time: ______ End time: ______
Total Recording period: ______ hours
D.2. Fees
Maintenance fee: ______ per hour
Staff fee: ______ per hour (______ staff engineers)
Total fee per hour: ______
Total session fee: ______
The total session fee must be paid in full, by certified check/check by
________________________, 20______, to ________________________. If the total session fee
is not paid in full by that date, Studio shall consider this Agreement terminated and shall retain any
deposit as liquidated damages.
The total session fee includes:
a. Complete, uninterrupted use of the Studio and all equipment during the Recording Period.
b. The following personnel:
____________________________________________________________
____________________________________________________________
22
Additional equipment, digital or analog media, postproduction services and personnel are available
as specified in the Rate Schedule (Appendix A), attached hereto and incorporated by reference herein.
Additions requested at the Recording Period are on an as available, first come, first served basis, and
payment must be made by check/certified check.
Applicable taxes, shipping and insurance charges shall be the responsibility of Performance Entity.
D.3. Performance Entity’s Additional Obligations
Performance Entity and the Performance Entity Representative (as defined below) agree to abide by
any and all requirements, including but not limited to all applicable statutes and local, state or federal
regulations; all University and music department policies and procedures; and all agreements with
Studio concerning the health, care and safety of personnel employed for the Recording Period.
Performance Entity and the Performance Entity Representative shall be responsible for any misuse
of or damage to Studio and/or all Studio equipment used during the Recording Period. Performance
Entity Representative shall ensure that no one takes or otherwise consumes illegal drugs in the
Studio.
Performance Entity and the Performance Entity Representative warrant and represent that any
recordings made pursuant to this Agreement will not infringe upon any statutory or common law
copyright, or contain any obscene, libelous or slanderous material or any material otherwise unlawful
or in contravention of the rights of any person. If the University’s Managing Director and/or
Pedagogical Director decides that Performance Entity has recorded any unlawful material, the
Managing Director and/or Pedagogical Director may suspend the recording session and close down
the Studio. Performance Entity may request that the University review any materials recorded at a
session which has been suspended. If the review supports the decision of the Managing
Director/Pedagogical Director, then the fee paid to Studio shall be forfeited by Performance
Entity/Performance Entity Representative as liquidated damages. If the review does not support the
decision of the Managing Director/Pedagogical Director, then, in the discretion of the Studio, the
Recording Period may be rescheduled or some portion of the total session fee may be refunded to
Performance Entity.
D.4. Insurance
Performance Entity shall obtain and maintain during the Recording Period, at Performance Entity’s
sole expense, the following insurance coverages:
a. fire flood, vandalism, malicious mischief, burglary, and theft insurance in an amount not less
than ______ dollars ($______).
b. bodily injuries insurance of not less than ______ dollars ($______) per person and ______
dollars ($______) per accident.
c. third party property damage insurance in an amount of not less than ______ dollars ($______)
23
Performance Entity shall cause University to be named as an additional insured, to the extent of
University’s interest in the Equipment. Such insurance shall be endorsed to constitute primary
insurance with respect to any other insurance that University may have covering such property.
D.5. Disclaimers
Neither Studio nor Towson University shall be liable for failure due to acts of God, catastrophic
events, war, insurrection, acts of government, labor difficulties, energy shortages or black-outs, or
materials, equipment and personnel provided by Performance Entity/Performance Entity
Representative. However, if a Recording Period is delayed or cancelled by such an occurrence,
Studio may reschedule the Recording Period within a reasonable time if it is practicable to do so.
In no event shall Studio or Towson University be responsible for costs, expenses, liabilities, claims
or damages resulting from the loss of actual of anticipated revenue, or for incidental, indirect,
consequential or special damages.
D.6. Intellectual Property
Neither University nor Studio claims any intellectual property rights in or to any recordings made
during a Recording Period, except that the University shall retain a perpetual royalty-free license to
use and reproduce any such recordings for research and educational purposes.
D.7. Assignment
Performance Entity may not assign this Agreement or any of its rights, obligations and covenants
herein, except with the prior written authorization of Studio.
D.8. Attachments
The attachments listed below are a part of this Agreement, attached hereto and incorporated by
reference herein.
Equipment Liability Agreement
Copyright Clearance for Musical Composition
____________________________________________________________
____________________________________________________________
____________________________________________________________
24
D.9. Entire Agreement
This Agreement contains the entire agreement between the parties hereto and supersedes and
nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or
on behalf of the parties with respect to the subject matter hereof, and may not be modified without
a writing signed and dated by the parties hereto.
D.10. Performance Entity Representative
________________________ (the “Performance Entity Representative”) has full power and
authority to enter into this agreement on behalf of Performance Entity. The Performance Entity
Representative acknowledges and agrees that he/she is personally responsible for the obligations set
forth in Section 3 of this Agreement.
Performance Entity: ________________________________________
By: ________________________________________________________
Performance Entity Representative
Towson University
By: ________________________________________________________
Managing Director / Pedagogical Director
25
Appendix E. Studio License Agreement Educational Use
Session Index Number: ______________________________________
This Studio License Agreement (“Agreement”) is entered into on ______, 20______, between
________________________ (“Performance Entity”) and The Recording Studio of the Towson
University Department of Music (“Studio”).
E.1. Studio License
Towson University hereby licenses the Studio to Performance Entity for the following dates and
times (collectively, the “Recording Period”).
Date: __________________ Start time: ______ End time: ______
Date: __________________ Start tine: ______ End time: ______
Date: __________________ Start time: ______ End time: ______
Total Recording period: ______ hours
E.2. Fees
Maintenance fee: ______ per hour
Staff fee: ______ per hour (______ staff engineers)
Total fee per hour: ______
Total session fee: ______
The total session fee must be paid in full, by certified check/check/ department funds/ internal
funds transfer by _________________, 20___, to __________________. If the total session fee is
not paid in full by that date, Studio shall consider this Agreement terminated and shall retain any
deposit as liquidated damages.
The total session fee includes:
a. Complete, uninterrupted use of the Studio and all equipment during the Recording Period.
b. The following personnel:
____________________________________________________________
____________________________________________________________
26
Additional equipment, digital or analog media, postproduction services and personnel are available
as specified in the Rate Schedule (Appendix A), attached hereto and incorporated by reference herein.
Additions requested at the Recording Period are on an as available, first come, first served basis, and
payment must be made by check/certified check.
Applicable taxes, shipping and insurance charges shall be the responsibility of Performance Entity.
E.3. Performance Entity’s Additional Obligations
Performance Entity and the Performance Entity Representative (as defined below) agree to abide by
any and all requirements, including but not limited to all applicable statutes and local, state or federal
regulations; all University and music department policies and procedures; and all agreements with
Studio concerning the health, care and safety of personnel employed for the Recording Period.
Performance Entity and the Performance Entity Representative shall be responsible for any misuse
of or damage to Studio and/or all Studio equipment used during the Recording Period. Performance
Entity Representative shall ensure that no one takes or otherwise consumes illegal drugs in the
Studio.
Performance Entity and the Performance Entity Representative warrant and represent that any
recordings made pursuant to this Agreement will not infringe upon any statutory or common law
copyright, or contain any obscene, libelous or slanderous material or any material otherwise unlawful
or in contravention of the rights of any person. If the University’s Managing Director and/or
Pedagogical Director decides that Performance Entity has recorded any unlawful material, the
Managing Director and/or Pedagogical Director may suspend the recording session and close down
the Studio. Performance Entity may request that the University review any materials recorded at a
session which has been suspended. If the review supports the decision of the Managing
Director/Pedagogical Director, then the fee paid to Studio shall be forfeited by Performance
Entity/Performance Entity Representative as liquidated damages. If the review does not support the
decision of the Managing Director/Pedagogical Director, then, in the discretion of the Studio, the
Recording Period may be rescheduled or some portion of the total session fee may be refunded to
Performance Entity.
E.4. Disclaimers
Neither Studio nor Towson University shall be liable for failure due to acts of God, catastrophic
events, war, insurrection, acts of government, labor difficulties, energy shortages or black-outs, or
materials, equipment and personnel provided by Performance Entity/Performance Entity
Representative. However, if a Recording Period is delayed or cancelled by such an occurrence,
Studio may reschedule the Recording Period within a reasonable time if it is practicable to do so.
In no event shall Studio or Towson University be responsible for costs, expenses, liabilities, claims
or damages resulting from the loss of actual of anticipated revenue, or for incidental, indirect,
consequential or special damages.
27
E.5. Intellectual Property
The University shall own all intellectual property rights in or to any recordings made during a
Recording Period throughout the universe in perpetuity, subject to a non-exclusive license granted
to each performer to display, distribute and/or perform the recording in a non-commercial manner
for personal purposes (e.g., use in a portfolio). Public distribution of the recording by digital means
without charging a fee is not considered distribution in a non-commercial manner for personal
purposes.
E.6. Assignment
Performance Entity may not assign this Agreement or any of its rights, obligations and covenants
herein, except with the prior written authorization of Studio.
E.7. Attachments
The attachments listed below are a part of this Agreement, attached hereto and incorporated by
reference herein.
Equipment Liability Agreement
Copyright Clearance for Musical Composition
____________________________________________________________
____________________________________________________________
____________________________________________________________
E.8. Entire Agreement
This Agreement contains the entire agreement between the parties hereto and supersedes and
nullifies all prior understandings, promises and undertakings, if any, made orally or in writing by or
on behalf of the parties with respect to the subject matter hereof, and may not be modified without
a writing signed and dated by the parties hereto.
Performance Entity: ________________________________________
By: ________________________________________________________
Performance Entity Representative
Towson University
By: ________________________________________________________
Managing Director / Pedagogical Director
28
Appendix F. Mechanical License Agreement (Educational)
Session Index Number: ______________________________________
This Agreement is made as of this ______ day of ____________, 20______, by and between
________________________ (“Licensor”) and Towson University (“Licensee”).
The Licensor, as the owner and/or administrator of one hundred percent (100%) of the copyright in
the Composition, hereby grants to Licensee the royalty-free non-exclusive license to use, in whole or
in part, the following copyrighted musical composition (the “Composition”):
Title: _____________________________________________________
By: ________________________________________________________
in the non-visual single recording of the Composition in the ______ [semester] section of ______
[course name]. University shall own the Master recording of the Composition and all copyrights
therein and thereto throughout the universe in perpetuity; provided, however, that the University
will not exercise any rights in any manner that is primarily intended for or directed toward
commercial advantage or private monetary compensation. The transfer of the Master by means of
digital file-sharing or otherwise shall not be considered to be intended for or directed toward
commercial advantage or private monetary compensation, provided there is no payment of
monetary compensation in connection with such transfer.
This license is limited to the use set forth above and shall not include any other form of recorded
sound. This license covers only the particular recording and use mentioned herein of said
Composition and is personal, non-licensable and non-assignable, except by the Licensor. (Licensor
understands and agrees that Licensee will grant the artist(s) who record(s) the Composition pursuant
to this Agreement the right to copy, display, distribute and perform the recording in any manner that
is not primarily intended for or directed toward commercial advantage or private monetary
compensation.) This license does not supersede nor affect any prior licenses now in force respecting
recordings of the Composition.
Licensor: __________________________________________________
By: ________________________________________________________
Towson University
By: ________________________________________________________
Managing Director / Pedagogical Director
29
Appendix G. Recording Agreement for Non-Exclusive Services
Session Index Number: ______________________________________
Agreement, dated ______, ______, between ________________________ (“Performance Entity”)
and Towson University, 8000 York Road, Towson, MD 21252 (“University”) regarding the
recording of ________________________ (“Composition”) on ________________________,
20______, at The Recording Studio of the Towson University Department of Music (“Studio” or
“RSTUDM”).
G.1. Grant of License to Performance Entity
In consideration of the amounts paid to University for Performance Entity’s recording of the
Composition (“Recording”) at Studio, University hereby transfers and assigns to Performance Entity
all rights, including copyright, in the master of the Recording (the “Master”) which University may
have because of its employees’ contributions to the Recording. However, Performance Entity agrees
to give appropriate attribution to University on all versions of the Master and all derivative works
based on the Master as follows: “Recorded at the Recording Studio of the Towson University
Department of Music.”
G.2. Grant of License to University
Performance Entity hereby grants to University the royalty-free right to copy, display, distribute, and
perform the Master in any manner that is not primarily intended for or directed toward commercial
advantage or private monetary compensation. This license will immediately terminate if University
uses the Master in any way that is primarily intended for or directed toward commercial advantage
or private monetary compensation.
G.3. Miscellaneous
a. This Agreement contains the entire understanding of the parties hereto relating to the subject
matter hereof and cannot be changed or terminated except by an instrument signed by the
parties hereto. No part of this Agreement may be changed, modified, renewed, extended, or
discharged or any covenant or provision thereof waived except by an agreement in writing
signed by the party against whom enforcement of the change, modification, renewal, extension,
discharge or waiver is sought.
b. No waiver by either party of any breach of any covenant or provision of this Agreement shall
be deemed to be a waiver of any preceding or succeeding breach of the same, or any other
covenant or provision.
30
c. If any provisions of this Agreement are held to be void or unenforceable, all other provisions
hereof shall continue in full force and effect.
d. This Agreement shall be governed by the laws of the State of Maryland applicable to contracts
entered into and performed entirely within the State of Maryland.
Performance Entity
By: ________________________________________________________
Towson University
By: ________________________________________________________
31
Appendix H. Recording Agreement for Non-Exclusive
Services (Educational Recording)
Session Index Number: ______________________________________
Agreement, dated ______, ______, between Towson University, 8000 York Road, Towson,
Maryland 21252 (“University”) and ________________________ [performer’s name and address]
(“Artist”) regarding the recording of ________________________ (“Composition”) for the
______ [semester] section of ______ [course name] (the “Course”) at The Recording Studio of the
Towson University Department of Music (“Studio” or “RSTUDM”).
H.1. Artist’s Agreement to Perform
In consideration of the opportunity to perform on the recording of the Composition, of receiving a
copy of the Master, and of the license granted to Artist below, Artist shall perform as
________________________ on the master recording (the “Master”) of the Composition. Artist
shall perform the Master on the following date(s) and at the following time(s):
____________________________________________________________
____________________________________________________________
____________________________________________________________
H.2. Grant of License to University
Artist hereby transfers and assigns to University all rights, including copyright, in the Master.
University shall own the Master, together with the performances embodied thereon and all
copyrights therein and thereto, all of the results and proceeds of Artist’s services hereunder
throughout the universe in perpetuity, free of any and all claims by Artist or any person, corporation
or other entity deriving any right from Artist, subject to the limitations set forth below. University
shall have the unlimited right to exploit the Master in any and all media, now or hereafter known,
throughout the world in perpetuity, subject to the limitations set forth below. University may refrain
from any exploitation of the Master in its sole discretion.
H.3. Limitations on University’s License
The license granted to University in paragraph 2 is expressly made subject to and limited by the
following restrictions:
a. The University will not exercise any of the rights granted to it in paragraph 2 in any manner that
is primarily intended for or directed toward commercial advantage or private monetary
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compensation. The transfer of the Master by means of digital file-sharing or otherwise shall not
be considered to be intended for or directed toward commercial advantage or private monetary
compensation, provided there is no payment of monetary compensation in connection with
such transfer.
b. University will give appropriate attribution to Artist on all versions of the Master and all
derivative works based on the Master.
H.4. Grant of license to Artist
University hereby grants to Artist the royalty-free right to copy, display, distribute, and perform the
Master in any manner that is not primarily intended for or directed toward commercial advantage or
private monetary compensation, provided that the Artist gives appropriate attribution to the
University on all versions of the Master as follows: “Recorded at the Recording Studio of the
Towson University Department of Music, Copyright [year] Towson University.” This license will
immediately terminate if Artist uses the Master in any way that is primarily intended for or directed
toward commercial advantage or private monetary compensation, or if Artist fails to give the
University appropriate attribution.
H.5. Miscellaneous
a. This Agreement contains the entire understanding of the parties hereto relating to the subject
matter hereof and cannot be changed or terminated except by an instrument signed by the
parties hereto. No part of this Agreement may be changed, modified, renewed, extended, or
discharged or any covenant or provision thereof waived except by an agreement in writing
signed by the party against whom enforcement of the change, modification, renewal, extension,
discharge or waiver is sought.
b. No waiver by either party of any breach of any covenant or provision of this Agreement shall
be deemed to be a waiver of any preceding or succeeding breach of the same, or any other
covenant or provision.
c. If any provisions of this Agreement are held to be void or unenforceable, all other provisions
hereof shall continue in full force and effect.
d. This Agreement shall be governed by the laws of the State of Maryland applicable to contracts
entered into and performed entirely within the State of Maryland.
Artist
By: ________________________________________________________
Towson University
By: ________________________________________________________
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Appendix I. RSTUDM Studio Access Application
Performance Entity Representatives must request access to the RSTUDM by completing this
application. Note that a Department of Music faculty member is required to serve as Session
Manager.
To submit this application, please fill out this form using Adobe Acrobat version 8 or higher.
Alternative PDF applications may not be compatible. Using Acrobat, the completed form can be
emailed directly to [email protected]. All applications must be submitted digitally.
I.1. Performance Entity Representative
Provide the name of the Performance Entity Representative. Provide phone and email contact
information.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
I.2. Session Manager
Provide the Session Manager’s name:
________________________________________________________________________________
________________________________________________________________________________
I.3. Dates
Provide the desired Session dates. Alternative dates, depending on availability, may be offered.
________________________________________________________________________________
________________________________________________________________________________
I.4. Services
State which services are need: tracking (recording), editing, mixing, and/or mastering.
________________________________________________________________________________
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I.5. Project Description
Provide complete details of the project.
1. Provide the title, author(s), duration, and copyright date of all works to be recorded
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
2. Provide the names of all performers and complete instrumentation.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
3. If possible, estimate the total number of microphones and/or tracks necessary.
________________________________________________________________________________
________________________________________________________________________________
4. If possible, estimate the total hours necessary to complete the project in the RSTUDM. Include
sufficient time for editing, mixing, and/or mastering, if necessary.
________________________________________________________________________________
________________________________________________________________________________
5. Specify any additional equipment or instruments, other than those described above, that will be
used during this Session.
________________________________________________________________________________
________________________________________________________________________________
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I.6. Engineers
How many RSTUDM Staff Engineers will be required? If a Visiting Engineer will be used, please
name this Engineer, provide contact information, and attach or have forwarded a professional
resume for the Visiting Engineer documenting experience in professional audio recording.
________________________________________________________________________________
________________________________________________________________________________
I.7. Annual Operating Budget
If this performance entity has an annual operating budget, please provide the annual operating
budget for the present year.
________________________________________________________________________________
________________________________________________________________________________
I.8. Purpose
If this performance entity is not affiliated with the Department of Music (Performance Entities
constituted of Towson University Students (Section A.5), COFAC Faculty and Organizations
(Section A.6), Towson (Non-COFAC) Faculty and Organizations (Section A.7), and Off-Campus
Organizations and Individuals (Section A.8)), describe the purpose of this project, including how the
recorded materials will be used and distributed.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
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