The Business End

[ecs113]

I got my studio set-up and now want to attract artists. I put ads here and there offering free time in the studio.

Problem: Should I draw up a contract (agreement) and have these people sign it?

I was planning on hitting the open mic nights and offering to record certain people. Do I make these artists sign a contract? And if so, what about the details? Who owns the master? Do I (or they?) need to contact the copyright office everytime I finish a project for someone?

I've done some research on Recording Studio Agreements, and became very discouraged about the reality of making art: business, money, making a living - it seems to kill my artistic vibe when I bring up business, "protecting ourselves".

Especially, the grey area is when I have friends over, and we are having fun. Should I make them sign contracts before having fun?

Maybe what I need to learn is how to make it clear to myself and other people what the intent and expectations are.

Should I make the acquaintance whom I wrote a song with this spring sign an agreement that we own joint rights to it?

Sorry for all the Q's, I thought I would ask here before paying an entertainment lawyer for advice.

 

[Roker1]

I got my studio set-up and now want to attract artists. I put ads here and there offering free time in the studio.

Why do you care about attracting artists if you just wanna have fun

Should I make them sign contracts before having fun?

seems like having fun is what you wanna do, and thats fine... but when you say you want to attract artists by giving free studio time at the start, that means you do want to do that as your business...doesn't it? Or maybe I lost you there!!??

 

[ecs113]

I didn't say I JUST want to have fun. That was a special case of working with friends. I am still unsure of what to do about strangers. I think I will just have to use my best judgement case by case.

 

[Michael Jones]

Don't make your friends sign a contract if you're just screwing around and having fun.
If someone's going to pay you to record them, make them sign a contract, AND make sure you have a "hold harmless" clause in there as well.

 

[Aaron Cheney]

IF you are offering free studio time, there is no need for a contract. Neither of you are promised or garuanteed anything, and can hold the other party liable for nothing.

If on the other hand, you are writing songs or creating works together, that is different. If someone makes a million from you song you wrote together, you should be entitled to your share of the profits. You need paper work to establish joint authorship. Incidentally, if your write the lyrics and they write the music, that does not mean you each own the part you created. Once they are together in the song, you each own 50% of the song as a whole. If you want to use your lyrics for something else, you must get permission/ compensate the person that wrote the music for any profites derived from those lyrics.

As far as the "biz" end killing your creative vibe.... welcome to life as a professional musician.

Aaron
http://www.voodoovibe.com

 

[ecs113]

Yeah, thanks for the reply. I have chilled out a bit about it, and decided to trust my judgement on a case-by-case basis. At the level that I am now, I shouldn't have to worry about to many legalities.

 

[Jack Hammer]

You do not need a contract if people are simply hiring your stdio. in such a case they own the master tape becuase the PAID for it. You have absolutely no rights in that tape. If, however, you are the producer of that recording, that is a different story. If you are the producer, you will for one thing know that up front. In that case, a contract of some srot is a good idea. the question is what contract. What are you contracting for? There are endless permutations of contracts, endless things you can put in a contract. Before trying to make a "contract", what you really need is a full understanding of everybodies role in the project. A contract is a document that indicates, among other things, a meeting of the minds. It shows that the people contracting are in agreement over the terms expressed therein. That is why you should have a full understanding of what you are doing and then, you can simply write it down, have each party sign it and there you have it.

Many people wonder about the need for an attorney. there are specific reasons for hiring an attorney. First and most obvious, the attorney has skills and know how in drafting a contract and is aware of certain clauses and forms that you may not know about. More importantly is the fact that the various parties to the contract have representation so that they cannot claim later on that they did not know what they were getting into or did not understand the contract.

A very important point of contract law is this: If there are discrepancies or inconsistancies in the contract, they are contrued AGAINST the maker. That is, if you draft the contract 9or your attorney), any inconsistencies go against you and your interests. This, of course, would be another reason for hiring a lawyer.

Now, another reason for a lawyer would be a situation where you are handed what is referred to as a "thinck". that is one of the standard recording industry contracts that weighs enough to eventually be the doorstop most of them become. however, those documents are chock full of stuff and only specific parts are negotiable, You need to know what those are and act accordingly. An attonrey can help.

 

[Jack Hammer]

You do not need a contract if people are simply hiring your stdio. in such a case they own the master tape becuase the PAID for it. You have absolutely no rights in that tape. If, however, you are the producer of that recording, that is a different story. If you are the producer, you will for one thing know that up front. In that case, a contract of some srot is a good idea. the question is what contract. What are you contracting for? There are endless permutations of contracts, endless things you can put in a contract. Before trying to make a "contract", what you really need is a full understanding of everybodies role in the project. A contract is a document that indicates, among other things, a meeting of the minds. It shows that the people contracting are in agreement over the terms expressed therein. That is why you should have a full understanding of what you are doing and then, you can simply write it down, have each party sign it and there you have it.

Many people wonder about the need for an attorney. there are specific reasons for hiring an attorney. First and most obvious, the attorney has skills and know how in drafting a contract and is aware of certain clauses and forms that you may not know about. More importantly is the fact that the various parties to the contract have representation so that they cannot claim later on that they did not know what they were getting into or did not understand the contract.

A very important point of contract law is this: If there are discrepancies or inconsistancies in the contract, they are contrued AGAINST the maker. That is, if you draft the contract 9or your attorney), any inconsistencies go against you and your interests. This, of course, would be another reason for hiring a lawyer.

Now, another reason for a lawyer would be a situation where you are handed what is referred to as a "thinck". that is one of the standard recording industry contracts that weighs enough to eventually be the doorstop most of them become. however, those documents are chock full of stuff and only specific parts are negotiable, You need to know what those are and act accordingly. An attonrey can help.