Help with producer contract

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muze

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I created a beat for an artist recently and need to iron out the details for a contract. I will be having at least two lawyers (for free) looking it over and hopefully drafting it up proper. The artist's management sent us contracts that from what I can tell are not in my best interests. The artist agreed to allow me to make changes and have him look it over again. I currently hold the music and no one else has a copy.

So here's what we did. He brought me just a vocal track that he needed a new beat created under, which I did. So I composed all the non vocal music for the track. We've agreed verbally that we each have 50% of the track, and that as producer I will get 3 points, and take nothing up front.

I need help clarifying a few things. 3% of what exactly? Just performance royalties (i.e. radio)? How does the 50/50 split work, is it on CD/mp3 sales? Is this all pursuant to IF there is a record contract down the road?

thanks for any help
 
that 3% needs to be specified. If you're asking questions then there isnt enough detail. It could mean 3% of everything including performances but I doubt it. You guys need to break it down, every detail until there are no more "wht does this mean?" or "why's that?" questions. Ya know?

I've dealt with a lot of contracts and clarity is a common problem.

btw, there are tons of websites that have helpful information. Just google them.

later
 
In the music biz the saying goes

" it's not a question of IF you will get screwed, just HOW MUCH"

I'll bet you'll get 3% of the cost of the one CD copy they finally get.
 
Usually, when you sell a track, you want to sell it as a Executive Rights To Use. Then give him a set length that you two would have the agreement with. In majority of contractual work I have done. This will keep the track in your rights 100% and he has no rights to it other than the ability to commercially use the product in any form. Its usually 3% of what the ARTIST takes in royalties. You must specify if the recording label or management will be the ones paying you, or if the artist himself would be paying you. Go one way, and you get your money fast. Go another, an artist is sitting there recouping and just like him, you would be waiting. But since your not in a Record label situation. Your just taking 3% of the royalties paid to the artist. Now if the artist gets "100%" of the cd profits, you get 3% of that.


In all honest opinion however, unless he is debut to sell a million copies, or even just gold, EVER... Getting points isn't really worth it. You are better off selling it off and label it work for hire. Take a grand, with no points.
 
Mindset said:
Usually, when you sell a track, you want to sell it as a Executive Rights To Use. Then give him a set length that you two would have the agreement with. In majority of contractual work I have done. This will keep the track in your rights 100% and he has no rights to it other than the ability to commercially use the product in any form. Its usually 3% of what the ARTIST takes in royalties. You must specify if the recording label or management will be the ones paying you, or if the artist himself would be paying you. Go one way, and you get your money fast. Go another, an artist is sitting there recouping and just like him, you would be waiting. But since your not in a Record label situation. Your just taking 3% of the royalties paid to the artist. Now if the artist gets "100%" of the cd profits, you get 3% of that.


In all honest opinion however, unless he is debut to sell a million copies, or even just gold, EVER... Getting points isn't really worth it. You are better off selling it off and label it work for hire. Take a grand, with no points.
Click to expand...

Good info, I have a question, though. Would he take 3% of the CD sales or just of the one track on the CD. If the artist has 12 tracks and the OP only worked on one of them shouldn't he get 3% of 1/12 of the CD sales (plus the 50% for songwriter royalty)?

peace,
 
Chili said:
Good info, I have a question, though. Would he take 3% of the CD sales or just of the one track on the CD. If the artist has 12 tracks and the OP only worked on one of them shouldn't he get 3% of 1/12 of the CD sales (plus the 50% for songwriter royalty)?

peace,
Click to expand...

Usually the producer/composer will take points from only the tracks he/she works on and not on the entire project. If the artist is the songwriter and not under a label, he/she would receive the songwriter's royalty in full.
 
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