#1682086 - 06/17/05 10:11 AM
Help with Production Agreement please
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Lee Knight
Platinum Member
Registered: 10/19/01
Posts: 1077
Loc: Encinitas,CA,UNITED STATES
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I am about to embark on an interesting project. I'll be recording, mixing, and producing an album for what I think is a really interesting band. Think David Byrne on top of a cross between XTC and classic reggae.
With a Farfisa and accordion for flavor. Good angry/intellectual Andy Partridge style songwriting. Like I said, interesting.
I've done some work for them previous and they've always been very happy with the work, as have I, hence… the production arrangement. I'm looking to make their concoction more cohesive and accessible for radio without destroying what they have.
My question…
Other than a flat fee, which is already agreed upon, what should/can I ask for in the way of additional money via sales, buyout, etc.
I'm up for this challenge musically, technically, and personally. I just not sure how to go about the business end to insure I don't hear a year from now, “Are you crazy, you should negotiated a xxxxxx agreement.”
Any help would be greatly appreciated.
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#1682087 - 06/17/05 10:21 AM
Re: Help with Production Agreement please
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Bill@Welcome Home Studios
MP Hall of Fame Member
Registered: 08/23/03
Posts: 7294
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Try musiccontracts.com and musicacademy.com
_________________________
"...it's easier than hitting the kids, and almost as much fun..."
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#1682088 - 06/17/05 10:40 AM
Re: Help with Production Agreement please
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Lee Knight
Platinum Member
Registered: 10/19/01
Posts: 1077
Loc: Encinitas,CA,UNITED STATES
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Holy Moley Man! Ask and you shall recieve! Thanks for the links... fantastic.
Does anyone have suggestions as to how I can benefit when/if the band were to be picked up by a more powerful entity?
Buy out/Go away money, etc.
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#1682089 - 06/18/05 10:05 AM
Re: Help with Production Agreement please
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where02190
MP Hall of Fame Member
Registered: 11/06/01
Posts: 5402
Loc: Weymouth, Ma. USA
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If you are producing, anwwhere from 2-10 points is pretty standard on all royalties and sales.
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Hope this is helpful. NP Recording Studios Analog approach to digital recording.
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#1682090 - 06/18/05 02:19 PM
Re: Help with Production Agreement please
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Chris Carter
Senior Member
Registered: 08/22/04
Posts: 53
Loc: Oakland, CA, USA
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Basically, producers get paid from three basic sources.
1) Producer's advance. This is basically what your fee is. It's called an advance because producers typically get royalties and this fee has to be recouped before you will get those.
2) Producer's royalties (points). This is a royalty like an artist's royalty. You could expect maybe 2 points if you are a pee-on, a mid-level producer with some hits might get 5, and a superstar producer might get 8, and then there are the insane situations. During haggling, often if you have to drop your fee you try to make up for it with points if you believe in the artist, so there's no set rules. If you are a pee-on, but you are doing this thing for next to nothing it might not be unreasonable to ask for 8 points. Generally speaking you will be subject to the same deductions as the artist is subject to (free goods, packaging, foreign, etc. etc. etc.). Unless you are a superstar you won't get your prdocuer's royalties until the entire recording budget less your advance has been recouped at the artist's all-in royalty rate. Then you get your royalties retroactive to the first record sold (in other words, "deferred until the album recoups), but you still have to recoup your advance (producer's fee) so it's possible to still not be getting royalties when the recording costs are recouped for a while. Yes, it's complicated and yes young producers regularly screw this stuff up and regret it later. Word of caution: if there is any possibility the artist might self-release the record or enter into a joint venture then you should specify what their theoretical artist royalty rate is so that you can calculate recoupment of the recording budget and so that you can calculate the stuff in #3.
And yes, the labels will play the same hide-the-money games with your royalties that they play with the artist royalties.
BTW - you should always specify that you will get your royalties from the labe and that the artist will sign a letter of direction instructing the label to pay you royalties directly. If you don't it will bite you in the ass because generally speaking you will be owed royalties before the artist is actually getting any.
3) Licensing of the sound recording. When the sound recording is licensed, the artist will typically get part of the licensing fee (typically they get half and the label gets the other half, but it depends on the artist's deal with the label). You get a portion of what the artist gets from licensing the master. Generally speaking what you get is equivelant to the ratio of your producer's royalty rate vs. the artist's all-in royalty rate.
Those are the basic avenues of income. There are a billion variations that have to do with spec deals.
Other than that you need to have stuff that specifies the working relationship of course. You will need something specifying transfer of ownership of the master recordings to them when the project is complete. Indemnifications, and all that jazz.....
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