Contracts

bknot1

Hustle Magic!! We Got It.
Wsup Fam, could you all help me out here...someone wants to buy two beats from me..but she want exclusive rights...now i dont want to give her exclusive rights unless i can get royalties off the beat...i would like to know what type of contract or agreement should i get made up..i will give them exclusive rights as long as i get royalties...help is greatly needed on this one..




http://www.soundclick.com/knotmeproductions
 
I've only sold 12 beats, so I'm not an expert, but regardless of whether or not you negotiate a percentage of the back end, I would suggest getting a nice sized upfront payment. Otherwise, if the song doesn't do well, you're screwed.

Example: I sold 5 beats to one person last year. Since it was a package deal and this person was very well connected I cut her a deal. I gave her 3 tracks for $250 upfront and 30% of back end. The other 2 I didn't get anything upfront and 40% of the back end.

I haven't received a penny more than that $750. I still have contact with this person and she's still shopping, but good intentions aren't sending me any checks.

That's just my opinion/experience though.

Good luck.

Stray
 
so what type of contract was made up...and where can i get a copy of it..it sounds like a good contract to use..good advice very helpful..thanks stray
 
I didn't write the contracts for the example I gave. I can scan one and email it to you if you want it though.

For all the others I've sold though, I didn't use a contract and didn't set up a back end either. I just sold the exclusives for a flat rate.

The reasons?

1. I don't think anything I've done up until this point is "radio ready".
2. I don't know too many people who buy music, much less from some unknown cats.
3. If the people I sell to are using my tracks for a demo and do end up with a deal. There is no chance that my beat is going to end up on their album.

So as far as I can see there is no reason for me to try to get royalties. I'll just take the money up front. As I get better, I'll just ask for more.

I didn't use a contract because I didn't need one. It's simple, use the beat, if you want exclusive rights, pay me. If you don't, the beat is still mine. If you do, you fulfilled your end of the deal.

If they want a contract, let them come with it. I wouldn't sell a beat that I sold already. If they need a contract to assure that, it's their problem, but I'll sign it.

Doing it this way, works for me so far. I've had no problems at all and feel like I've been paid very well. I can't say this would be best for you though, you gotta figure that out.

Let me know if you want that contract.

Stray
 
jeah please send it to me in email...it will help alot..thanks in advance
 
I sent it. It's a .jpg so it isn't real clear, but zoom in and you should be able to read it fine.

Check that link out too.
 
Sorry man, I read you wrong. I just read your email. Let me see what I can dig up and I'll get back to you.
 
ok..thanks i will be lookin...and i needed the one you sent me too...so when you say you got 40% on the back end, was that from cd sales that he did..where is the 40% back end coming from? wanna make sure i got this right
 
I’m still looking for those other contracts you asked about.

The “back end” comes from CD sales, radio plays and other public performances. Other than CD sales, in order to collect royalties you need to have a publishing company and become a member of ASCAP or BMI.

The person I made this agreement with was a songwriter who also had a publishing company. She was trying to place these songs with major artists. If the song did get picked up, I would be entitled to 40% of the songwriter’s share, which is usually a 50/50 split between the publisher and writer. So I’d be entitled to 40% of the 50% she received or 20% of the total monies received for the song.
 
i got you now...i dont have a publishing company but i am a member of BMI..i guess i need to work on the company..thanks..
 
bknot1 said:
i got you now...i dont have a publishing company but i am a member of BMI..i guess i need to work on the company..thanks..

Actually I'm wrong. I thought you needed a publishing company in order to become a member of ASCAP or BMI. If you already are a member you should be all set.

Sorry for the bad info, my fault.
 
here is some of the sample contracts..thanks to Shondrae at Futureproducer.com forum...hope this helps someone out...

Shondrae post reply...
ok i'll break it down for you....

lets say you wanted a few beats from me....And i said" ok, ill charge you 50 dollars a beat and i get to keep the ALL rights to the masters" then i would use the "Master Producer/ Artist licensing agreement"

Lets say you said"but i want to own half the copyright for the songs we do" then i would use the "Master Producer of Tracks agreement"

Then i said "nevermind, you can keep all the rights and ill just charge 50 dollars a beat" then i would use the "Producer work for hire Agreement"


(this one was made by Topic)
ARTIST MASTER PRODUCER AGREEMENT

This is an agreement this day of ______________, ____ 2003, between the Master Producer and the Artist.

TERMS AND RECITALS

A. Producer specializes in musical production of musical artists;

B. Artist performs under the name of ___________________

C. Producer agrees to produce a "Leasing Rights" track for Artist (LEASING RIGHTS: Choosing this option grants you only one profitable commercial release(TV, Album, Radio etc.) but i still own the Exclusive Rights to the track and it can be re-sold again). See Track Policy at the bottom of page for Exclusive and Custom Rights information.

D. Artist agrees to give full credits to Master Producer for production of track:

Produced By: Ognjen "OT" Topic (IMaGIN Beats)
http://www.soundclick.com/IMaGINBeats

E. Producer and Artist wish to enter into this agreement to provide for the production.

IT IS, THEREFORE AGREED TO AS FOLLOWS:

Artist promises to pay Master Producer the following payments of the amount of $ ____ (Money Order) per track. Artist promises to pay Master Producer before the pre-production recording phase (100%).

This agreement hereby requests, instricts, authorizes, and empowers Artist to to pay Master Producer all amounts agreed upon. The duration of this agreement commences as of the date of the contact between the Artist and Master Producer______________, ____ 2003.

1. PRODUCTION. Producer agrees to produce masters of production consisting of tracks written by the Artist and then performed by the Artist (hereinafter reffered to as the "tracks"), and shall be of a quality which is equal to master productions normally produced for commercial distribution.

2. COPYRIGHT. Upon Artist's assignments of the tracks pursuant herein, Producer shall proceed to obtain and secure a copyright for each of the said tracks. Each such copyright shall be the sole property of the Master Producer and Artist (50/50, Master Producer owns the music and Artist owns the lyrics).

TRACK POLICY

1. EXCLUSIVE RIGHTS: If you choose this option the track will be yours, however you will not own the Copyright for the selected track. You may use this track for as many profitable commercial releases as you want (TV, Album, Radio etc.) but it may not be re-sold, only one owner.
2. LEASING RIGHTS: Choosing this option grants you only one profitable commercial release (TV, Album, Radio etc.) but i still own the Exclusive Rights to the track and it can be re-sold again.
3. CUSTOM RIGHTS: This track will be produced the way you choose. Custom Rights will require a 50% up-front deposit and another 50% deposit after the track has been completed. Custom Rights automatically grants you Exclusive Rights, but if you do not pay the second 50% of the price the track will be open to you only as Leasing Rights.

This contract shall not become binding and effective until signed by Artist and Master Producer.

_______________________________
MASTER PRODUCER


Agreed and Accepted:

_______________________________
ARTIST


(Shondrae info on Contracts)
(SAMPLE) PRODUCTION AGREEMENT


This RECORDING AND PERSONAL SERVICES PRODUCTION AGREEMENT, (hereinafter referred to as the "Agreement") executed and effective this __th day of ___________, 2003, by and between ____(Artist)______ (hereinafter referred to as the "Artist") and _______(Production Company)_____ (hereinafter referred to as the "Company"):

RECITALS
a. Company is an organization which specializes in the management, recording, recording distribution and representation of musical artists;

b. Company is familiar with the musical abilities of Artist and has the expertise, ability, industry contacts and resources to assist Artist in the furtherance of his/her career.

c. Artist performs under the name_______.

d. Company and Artist wish to enter into this Agreement to provide for the production and distribution of the Recording.
IT IS, THEREFORE, AGREED AS FOLLOWS:

A. TERM. The effectiveness of this Agreement shall commence with its execution by all of the parties, and shall continue thereafter for a period of 2 years.

B. PRODUCTION OF RECORDING. The Recording shall be produced in the following manner:

1. PRODUCTION. Company agrees to produce masters of recordings consisting of songs written by the Company and writer and then performed by Artist (hereinafter referred to as the "Songs". The resulting recording (hereinafter referred to as the "Recording") shall include music of not less than forty-five (45) minutes in playing duration, and shall be of a quality which is equal to master recordings normally produced for commercial distribution.

2. CONTRIBUTION BY ARTIST. Artist agrees to fully cooperate with the Company, in good faith, in the production of the Recording; to contribute to such production the music and lyrics embodied in the Songs; to arrange, direct and perform the Songs in such a manner as to facilitate the production of the Recording; and to otherwise strictly observe the remaining duties and obligations of this Agreement.

3. COSTS. Company has been responsible for all costs incurred in the production of the Recording, including the prepayment of all travel, hotel and meal costs incurred by Artist in attending the recording sessions referenced herein. Company may recover such receipted expenses pursuant to the production of master recordings or the advancement of the Artist's career. Company's production, promotion, manufacturing and all other bonafide expenses relating to Artist are deemed recoupable from gross income.

4. ARTISTIC CONTROL. Company shall be solely responsible for all decisions regarding the artistic content of the Recording.

5. DATES AND LOCATION OF RECORDING SESSIONS. The recording sessions necessary to produce the Recording have occured at studios and facilities chosen by the Company in ________city, ___state_____zip

6. ADDITIONAL MUSICIANS. Company shall provide and compensate sufficient and competent musicians to properly perform the Songs, as arranged and directed by Artist and Producer. Company may recover such costs.

7. TITLE. The title of the Recording shall be chosen by agreement between the Company.

8. COMPLETION AND RELEASE. The Recording shall be completed and prepared for release and distribution on or before______(month) 2003. Company and Artist acknowledge that time is of the essence in the completion of the Recording, and each agree to exercise all reasonable means to achieve such completion.

9. ASSIGNMENT OF EXCLUSIVE RIGHTS BY ARTIST. Upon the timely occurrence and performance of all material events and obligations required to produce the Recording, Artist shall assign to the Company all of his/her rights, title, and interest in and to the following property, for distribution and commercial exploitation in the United States and Canada:
a. The Songs,
b. Artist's performance of the Songs contained in the Recording,
c. The title of the Recording.

10. LICENSE FOR USE OF NAME AND IMAGE. Upon the timely occurrence and performance of all material events and obligations required to produce the Recording, Artist shall grant to the Company the exclusive license to use the name " ___(Artist)__", and the Artist's photographic image, in the promotion and distribution of the Recording.

11. FORM OF ASSIGNMENT AND LICENSE DOCUMENTS. The form of documents to be executed by Artist, pursuant to Section C. and D. herein, shall be identical to the "Assignments" and "License" respectively attached hereto as Exhibits "C" and "D", and incorporated herein by this reference.

12. COPYRIGHT. Upon Artist's assignment of the Songs pursuant to Section C. herein, Company shall proceed to obtain and secure a copyright for each of the said Songs. Each such
copyright shall be the sole property of the Company and artist 50/50.

13. DISTRIBUTION. Commencing with the completion of the Recording and continuing for the term of this Agreement, Company will diligently use its best efforts to secure distribution of the Recording throughout the world, through one or more major distribution companies (including record companies, film companies, or any other company). Any such contract entered into between Company and any such record distribution company shall be subject to the terms of this Agreement.

14. ROYALTIES. In accordance with the rights granted by Artist to Company herein, Company intends to contract with a record distribution company for distribution of the Recording. Company will be entitled to receive royalties or licensing fees (herein collectively referred to as the "Royalties") as a result of such contract. Royalties shall include any compensation received by Company, or promised to Company, which directly or indirectly results from the use, exploitation or existence of the Recording, or any reproduction applied to satisfy costs incurred and paid by Company pursuant to Sections herein. In the event that Royalties are insufficient to complete such reimbursement, Artist shall not be liable for such costs. The remainder of such Royalties, if any, shall be allocated and distributed between Company and Artist, in the following proportion:

10% Percent to Company
5% Percent to Artist

Royalties due Artist hereunder shall be delivered by Company to Artist within fifteen working days from the Company's receipt thereof.

15. B.M.I./ASCAP/SESAC MEMBERSHIP. Within a reasonable time after the execution of this Agreement, Artist shall apply for registration and membership with Broadcast Music Inc. (BMI), a music licensing organization. Company shall be responsible for any cost or expense associated with such application or with the Artist's membership in BMI during the term of this Agreement and the Distribution Period. Company may recover such costs pursuant to Section B#. herein.

16. NON-CIRCUMVENTION. Artist shall not detrimentally interfere with the efforts of Company to distribute the Recording through one or more distribution companies or enter into any contract inconsistent with the rights of distribution assigned to Company hereunder. Artist shall not contact any such potential distribution company except through the offices of the Company.
b. For the term of this Agreement, Artist agrees to appear at one or more performances to promote the distribution of the Recording. Company shall schedule and arrange such performances, but Artist shall have the right of prior approval of the location, date and time of each such performance. The total number of performances during the term of this Agreement shall not exceed __(# of performances)__. Company shall be responsible for travel, hotel and meal costs incurred by Artist in attending each such performance, Artist shall be paid one-half (1/2) of the net revenues received by Company for such performances. Such compensation shall be received by Artist within fifteen (15) days from Company's receipt thereof. Company may recover such costs (including travel costs and compensation paid to Artist) pursuant to Section B3. herein.

17. OPTION TO PURCHASE. At any time during the term of this Agreement or thereafter, at Artist's option, Artist may purchase all rights assigned and/or granted to Company hereunder or resulting to Company herefrom (including rights of copyright to any and all of the Songs) for the total sum of:
a. _______________(Amount (large))____________, plus;
b. Any receipted costs expended by Company hereunder, but reimbursed, as of the date of exercise of such option to purchase, plus;
c. _______ Percent (X%) of the gross revenues generated thereafter from the Recording.
Exercise of the option shall be accomplished by the delivery of such amount, in cash or certified funds, to Company or its express designee. In the event of such exercise, Company shall promptly execute all documents reasonably necessary to effectuate such transaction. If and upon the exercise of such option, the obligations undertaken by the parties herein shall be exercised.

18. RIGHT OF INSPECTION. At any time during the term of this Agreement upon prior written notice to Company of at least seven (7) days, Artist or his/her designated representative shall be permitted unrestricted access to the books and records of Company which in any way pertain to Artist, for inspection and photocopying by Artist or Artist's designated representative.
Such books and records shall include, but shall not be limited to, any documents or records which evidence the receipt or disbursements of Royalties. Company shall maintain such books and records at its principal office.

THE PARTIES AGREE to the terms and obligations and so execute on the day and date first above mentioned.

Witness ________________


______________________________
Artist

_____________________________
Company



(more info Contracts)
MASTER PRODUCER OF TRACKS AGREEMENT (sample)


.This is an agreement this day of _______ 2003,
between the master producer and the undersigned artist.The artist has signed a
recording contract with the following Record Company:
,_________RECORDS and the date of the contract was _______ 2003,

TERMS AND RECITALS

The effectiveness of this Agreement shall commence with its execution by all of the parties, and shall continue thereafter for a period of ________

a. producer specializes in recording, and musical production of musical artists;
b. producer is familiar with the musical abilities of Artist and has the expertise, ability, industry contacts and resources to assist Artist in the furtherance of his/her career.
c. Artist performs under the name__________;
d. Producer and Artist wish to enter into this Agreement to provide for the production and distribution of the Recording.

IT IS, THEREFORE, AGREED AS FOLLOWS:

Artist promises to pay Master Producer the following payments of the amount of $_______per song,. Artist promises to make payments to Master Producer before the pre-production recording phase (50%) and as soon as all production is final and approved (50%) .

This agreement hereby requests, instructs, authorizes, and empowers artist/record company to pay Master Producer all amounts agreed upon. The duration of this agreement commences as of the date of the contact between the Artist and the Master Producer ______ ,_2003

1. PRODUCTION. Producer agrees to produce masters of recordings consisting of songs written by the artist and then performed by Artist (hereinafter referred to as the "Songs". The resulting recording (hereinafter referred to as the "Recording") , and shall be of a quality which is equal to master recordings normally produced for commercial distribution.

2. CONTRIBUTION BY ARTIST. Artist agrees to fully cooperate with the producer, in good faith, in the production of the Recording; to contribute to such production the music and lyrics embodied in the Songs; to arrange, direct and perform the Songs in such a manner as to facilitate the production of the Recording; and to otherwise strictly observe the remaining duties and obligations of this Agreement.

3. COSTS. Producer and artist will be responsible for all costs incurred in the production of the Recording, including the prepayment of all travel, hotel and meal costs incurred by Artist in attending the recording sessions .

4. ARTISTIC CONTROL. Producer and Artist shall be jointly responsible for all decisions regarding the artistic content of the Recording.

5. DATES AND LOCATION OF RECORDING SESSIONS. The recording sessions necessary to produce the Recordings have occured at studios and facilities chosen by the Producer in _______

6. ADDITIONAL MUSICIANS. Producer shall provide and compensate sufficient and competent musicians to properly perform the Songs, as arranged and directed by Artist and Producer.

7. TITLE. The title of the Recording shall be chosen by agreement between the Producer and the Artist.

8. COMPLETION AND RELEASE. The Recording shall be completed and prepared for release and distribution on or before 2003. Producer and Artist acknowledge that time is of the essence in the completion of the Recording, and each agree to exercise all reasonable means to achieve such completion.

9. COPYRIGHT. Upon Artist's assignment of the Songs pursuant herein, Producer shall proceed to obtain and secure a copyright for each of the said Songs. Each such copyright shall be the sole property of the producer and artist 50/50.

In witness where of we have entered into this written agreement as of the date above,


witness signs this day of ________________,2003.

Witness:_______________________

Master Producer:_________________

Artist:________________
 
man

i remember you posting this. i wish i would have known who shandrae was at the time. i could have picked his posts apart for all the knowledge that he was sharing.
 
You could find a nice lawyer that you know (me) to write one up for you, but even on the lowball side, that'll run you about 100 bucks.
 
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