Sign that contract??

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alphadelta80

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I am producing an album for a rap group from Tanzania. Their songs are being mastered now. They recorded the entire album using my beats. I want to make sure I can recieve some royalties for my work.

The album will be complete in less than 3 weeks and we haven't signed a contract yet. I do have copyrights for every beat they are rapping to but I am not familiar with the legalities of the production side of the music business.

I haven't cashed out for a lawyer yet. I'm hoping someone here can point me in the direction of a "standard" producer's contract. This way I can save a little (or a lot of) money.

How are YOUR contracts written? Is there a way to obtain a "standard" contract and simply fill in the blanks with the names, dates, dollar amounts etc.?

I know that with the copyright, I can sue them if they decide to sell the album without my consent but, I'd like to avoid all of that with a fair contract because I'm a new, unknown producer (or beat maker).

The killer part is, the guys will release some albums in the U.S. and also, some in East Africa (Tanzania, Kenya and Uganya). Is it possible to have a contract signed in the U.S. that also applies to sales in foreign countries?

Actually, the more I type, the more I feel like I need a lawyer. Unless, of course, one of you guys have some answers. Thanks in advance
 
every country has different laws so I dont know. I think usa is stricter on copyrights and counterfeit then other places.
anything signed is a legal document so just draft something up on mutal terms and sign it. you get around 3% off the m.r.s.p., did you do any other work on the project? theres places online to get contracts but alot of them charge. like this one http://www.musiclegalforms.com/ heres a half page sample

This AGREEMENT (hereinafter referred to as the "Agreement") is made effective this _____ day of _______________, 200__ by and between ____________________, located at ________________________________________ (hereinafter referred to as the "Producer") and ____________________, located at ________________________________________ (hereinafter referred to as the "Company").



WITNESSETH:



In consideration of the respective covenants contained herein, the parties hereto, intending to legally bound hereby, agree as follows:



1. Engagement.



A. Company hereby engages Producer and Producer hereby accepts such engagement as a music producer in connection with the production of commercially satisfactory master recordings (the "Masters") comprising one (1) Single, as herein defined, entitled "_____SINGLE TITLE_____". Producer shall record masters for Company hereunder in a recording studio selected by Company at such times and with such individual producer(s) as Company may designate, subject to the approval of Producer. However, in the event of a dispute between Producer and Company with regard to such producer, Company's decision shall prevail, so long as it is not unreasonable. The Masters recorded by Producer hereunder shall consist of Producer's newly recorded studio performances of material selected or approved by Company and not previously recorded by Producer. Each such Master shall be commercially satisfactory in Company's reasonable opinion. Upon the request of Company, Producer shall re-record any selection until a commercially satisfactory master shall have been obtained...
 
Yeah, I did all the beats they're rapping to. They recorded the entire album at my house and I have already been compensated for recording but I mixed the songs for free.

Also, the publishing issue. What's the difference between the contracts here and the paperwork I'll need to do for publishing?
 
You say you have the copyright to the beats, can you proove that? In my country (Netherlands), we have 2 ways of securing our copyright:
1) have anything registered at the BUMA/STEMRA. This is a dutch association that helps secure copyrights and fair distribution of income from music to all that are entitled to a share.
2) Mail a copy of the beats to yourself, in a sealed envelope and NEVER open it. The stamp will indicate the day that you recieved it, and that is your proove that at that time, you already had the beats, therefor, you own them (your name is in the "from" box and "to" box).

I don't know if the second way also works for you, but you can check. Be adviced: if the record company says the beats are theirs, and you can't prove them wrong, you're screwed.
 
Yes I actually have a copyright registration number. It came in the mail about 3 months after I mailed the CD off to the copyright office.

In the U.S. their is also a belief that one can mail a copy to himself and never open it. The problem is, I haven't been able to find any cases where that method actually won a court case for anybody in America. The laws are definitely different here. We call it the poor man's copyright.

If I mail an empty, unsealed envelop to myself, then after it gets delivered back to my house, slip a CD into it and seal it, I can then take the "offender" to court for copyright infringement. A judge will find the post mark on my envelop, my CD inside, but will have no way of knowing when the envelop was sealed. There is no law against sending an unsealed envelope in the mail in the U.S.

I just do the copyright through the library of congress. Also, I do understand that I can sue them if they sell copies of CDs that contain my music without my permission. That's just it. I'm looking to give them permission and also have a legal document saying they MUST pay me a percentage.
 
True, but I think here you need to get it sealed at the post office, something you cannot do yourself at home.
 
Mailing yourself...doesnt hold up in a court of law in the US..period..if you have them on file at the Copyright Office your Covered.. here is a sample Contract you can use..I use a different one..but you can edit this one for your needs..

ARTIST PRODUCER CONTRACT


Date:_______________

This shall serve as the sole agreement between _________________ (hereinafter referred to as "Producer") for services in producing Master Recordings, (hereinafter referred to as "Masters") for and of the recording artist(s) professionally known as _________________ (hereinafter referred to as "Artist").


1. The term of this agreement shall commence as of the date hereof and shall continue until the completion of Producer's services.

2. (a) Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by Artist and Producer. All individuals rendering services in connection with the recording of Masters shall be subject to Artist's approval. Artist shall have the right and opportunity to have Artists representatives attend each such recording session. Each Master shall embody the performance by the Artist of a single musical composition designated by the Artist, and shall be subject to Producers approval as technically satisfactory for the manufacture, broadcast and sale of phonorecords, and, upon Artists request, Producer shall re-record any musical composition or other selection until a Master technically satisfactory to Artist shall have been obtained, provided additional production costs will be paid by Artist. Producer agrees to begin preproduction, rehearsals, and recording on _____________________, 20____.

(b) Producer shall deliver to Artist a two-track stereo tape suitable for duplication and manufacture of phonorecords for each Master. All original session tapes, rough mixes and any derivatives or reproductions thereof shall also be delivered to Artist, or, at Artists election, maintained at a recording studio or other location designated by Artist, in Artists name and subject to Artists control.

3. All Masters produced hereunder, from the inception of the recording thereof, and all phonorecords and other reproductions made therefrom, together with the performances embodied therein and all copyrights therein and thereto, and all renewals and extensions thereof, shall be entirely Artists property, free of any claims whatsoever by Producer or any other person or person engaged in the production of the Masters. (It being understood that for copyright purposes Producer and all persons rendering services in connection with such Masters shall be Contractors for hire).

4. (a) Conditioned upon Producer's full and faithful performance of all the terms and provisions hereof, Artist shall pay Producer, as an advance recoupable by Artist from any and all royalties payable by Artist to Producer hereunder, the sum of $ ________________ DOLLARS payable upon commencement of recording, and the balance upon the delivery to you of the Masters.

(b) Notwithstanding anything contained in (a) above to the contrary:

(i) in the event the Masters are released on any label other than ___________
or it's subsidiary or affiliate label or labels, Producer shall not receive a royalty in connection with the sale of such records;

(ii) in the event the Masters are released on the ______________ label or a subsidiary or affiliate label, Producer shall be paid in respect to the sale of such phonorecords a royalty rate of three percent (3%) of the suggested retail price of each phonorecord sold and paid for in the United States. Payments of royalties from foreign sources shall be ONE HALF of the United States royalty rate. All fees paid to Producer hereunder shall constitute recoupable advances which shall be recouped prior to further payment of royalties.

5. Producer has agreed to assist Artist in presenting the Masters to major record companies in pursuit of a record production agreement with a major label. Producer understands that Artist will also be presenting the Masters to major labels and that Producer will not be Artists exclusive representative. Therefore, Producer agrees to notify Artist prior to making any formal contact with representatives of any major record company on Artists behalf in order to coordinate respective efforts and agrees to contact on Artists behalf only those companies mutually agreed upon. In the event Artist enters into a record production agreement with a major label for the Masters recorded hereunder and the further services of Artist as a result of substantial efforts and negotiations by Producer with such company within the period of ONE YEAR following the completion of the Masters Artist agrees to pay Producer a commission of six percent (6%) of the actual cash advances (exclusive of recording budgets) received by Producer upon execution of said agreement. A major record company as defined herein shall be a company or corporation with gross sales of one million (1,000,000) units in the current calendar year.

6. Producer hereby warrants, represents, and agrees that he is under no disability, restriction, or other incumbency with respect to his right to execute and perform the services described in this Agreement.

7. Artist shall have the right, at Artists election, to designate other producers for recording sessions with the Artist, in which event Producer shall have no rights hereunder with respect to the Masters produced at such other recording sessions.

8. Artist shall have the right, at Artists election, to assign any of Artists rights hereunder, in whole or part, to any subsidiary, affiliated, or related company, or to any person, firm or corporation acquiring rights in the Masters produced hereunder.

9. (a) This contract sets forth the entire understanding of the parties hereto relating to the subject matter hereof. No amendment or modification of this contract shall be binding unless confirmed in writing by both parties.

(b) Artist shall not be deemed to be in breach of any of Artists obligations hereunder unless and until you have given Artist specific written notice of the nature of such breach and Artist have failed to cure such breach within thirty (30) days after Artists receipt of such notice.

(c) Nothing herein contained shall constitute a partnership or joint venture between Artist and Producer.

(d) This contract has been entered into in the State of ____________, and its validity, construction, interpretation, and legal effect shall be governed by the laws of the State of _____________.

(e) This contract shall not become binding and effective until signed by Artist and Producer.

_______________________________
PRODUCER

Agreed and Accepted:

_______________________________
ARTIST
 
and with any contrat have it looked over by an entertainment lawyer..

to make sure everything is covered..
 
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