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fessional recording will be made, the premiere is at a an “e” on the end. A “premier,” without the final “e,”
world-renowned hall/event, etc.). is a head of state or an English soccer league.

Contracts • If desired, the composer’s attendance at rehearsals
All commissions, even if there is no money ex- and the premiere, and the costs involved and who is
changed for the commission, should utilize a contract covering them (see “Residency and Appearance Fees”
signed by all parties involved. Contracts clarify the ex- below). Some composers clarify that appearances will
pectations of each party, the work to be created, the be handled in a separate contract.
rights surrounding this work, and other details. If there
are any questions or issues in the future, the contract • A clause about any issues, delays, or the inability of
is there to provide resolution. Below are some recom- the composer to complete the work (refund all money
mended details to include in commission contracts. already paid by the commissioner if they’re unable
This list may sound daunting, but it doesn’t have to be to finish).
long or complicated, and plain language is fine (fancy
legalese is not required). For example, Dan’s commis- • A clause clarifying that if a commissioner cancels,
sioning contract fits comfortably on one page. Another the down payment is completely non-refundable, or
helpful guide is Dominick DiOrio’s article “A (Some- whether this is flexible.
what) Brief Guide to Commissioning New Music”
from the November 2018 Choral Journal. • A statement that all rights and ownership of the work
remain with the composer, not the commissioner.
• Names and institutions of each party; Composer, En-
semble/Organization, etc. • A clause about any issues that may arise with per-
formance delays or the ensemble’s inability to per-
• Length and instrumentation of new work. Typically form the work (like a global pandemic or something
a range is given: “4-6 minutes,” or “at least 35 min- completely crazy like that), and when the work will be
utes.” made available for other ensembles to perform.

• Deadline for the completion of the new work (includ- • Typically, once a work has received its first perfor-
ing how the score/parts are delivered—printed and mance, it is then available for other ensembles to pur-
shipped or PDFs). Sometimes composers include a chase and perform the work. Sometimes, however,
“rough draft” date for the conductor/ensemble to the commissioning ensemble may ask for exclusivity
provide feedback before the “final” score is delivered. for a certain amount of time, which would prohibit
other ensembles from purchasing and performing the
• Payment amount to composer and schedule of pay- work until the end of that period of exclusivity.
ments. An initial deposit/down payment can range
from 10% to 50%, with the remainder due upon • If applicable, expectations about “check ins” or how
completion of the work. involved a conductor/ensemble should be in the cre-
ative process. Some composers love to have this en-
• Larger choral/orchestral works may require a sepa- gagement with commissioners, and others want to be
rate editor or engraver, and that fee should be includ- left alone to create.
ed in the contract.
• If applicable, composer’s receipt of a recording of
• Expected date of premiere and any exclusivity time- the performance and what the composer can or can-
line (see “Exclusivity” below). Note: The first perfor- not do with the recording (audio and/or video). This
mance of a new work is a “premiere”—spelled with becomes complex when the musicians are part of a

CHORAL JOURNAL March/April 2023 Volume 63 Number 7 27