I assume you would be asking this question because if a suit came about involving the contract what is the best thing do in order to keep you on the winning side. Whether a contract is written or oral does not matter, but what the terms of the offer are as far as price, subject matter, and date. There also must be an acceptance of the offer and a consideration (compensation). If there was a suit for whatever reason a written contract would be easier to prove and it would be even more beneficial to get the other person's signature notarized. Although an oral contract may sound difficult to prove if there is offer, acceptance, and consideration that is better than a signed piece of paper with a date and a price, but no subject matter. Proving an oral contract exists would entail having a witness testify that heard the conversation. To answer your question Does a recording contract have to be in writing? No, but it would be easier to prove a written contract over an oral contract in the event of a suit.