#514155 - 05/22/02 08:25 PM
What if!!!!!
|
Slowly
MP Hall of Fame Member
Registered: 01/31/01
Posts: 2806
Loc: Burien, Washington. U.S.A.
|
Offline
|
|
What if I write a song.
What if I get some buddies to lay down some tracks for me. Drums, guitar, etc.
What if the song makes me a ton of money.
Do I owe those guys anything? Kcbass
_________________________
All the time and money I spent on you. I want my time back!
|
|
Top
|
|
|
|
|
#514156 - 05/22/02 09:53 PM
Re: What if!!!!!
|
Salty Tonk
Senior Member
Registered: 03/21/02
Posts: 321
Loc: Texas
|
|
Offline
|
|
Studio musicians usually work by an hourly rate, and receive no royalltys.If I am having someone whom I am not real close with I pay them a predetermined amount.If it is a buddy of mine I buy them dinner and some beer.Unfortunatly I haven't made a great deal of money on my stuff yet.So I haven't had anyone come back wanting some cash.Hope this helps. Later , James
_________________________
jgc2002 is not responsible for damages ,injuries and or death as result of above post.Side effects include nasuea,dizziness,dry mouth,vomiting,blurred vision,nervousness,loss of memory and in extreme cases sexual side effects. http://www.mp3.com/salt_creek
|
|
Top
|
|
|
|
|
#514157 - 05/22/02 10:19 PM
Re: What if!!!!!
|
Anifa
MP Hall of Fame Member
Registered: 03/26/02
Posts: 3572
Loc: Kansas City, Mo
|
|
Offline
|
|
KC,
Here is an article outlining contributions to ownership of copyright and how the process works. Musician Online (business section) This might help to resolve some issues relating who gets what and why.
Hope it helps!
|
|
Top
|
|
|
|
|
#514158 - 05/23/02 05:40 PM
Re: What if!!!!!
|
D_dup3
Member
Registered: 11/16/01
Posts: 0
Loc: Tucson,AZ,UNITED STATES
|
|
Offline
|
|
I think (w/out signed agreement otherwise) such performances fall into the category of "work for hire" & entail no royalties or percentages.
|
|
Top
|
|
|
|
|
#514159 - 05/24/02 06:55 PM
Re: What if!!!!!
|
Slowly
MP Hall of Fame Member
Registered: 01/31/01
Posts: 2806
Loc: Burien, Washington. U.S.A.
|
|
Offline
|
|
Originally posted by anifa: KC,
Here is an article outlining contributions to ownership of copyright and how the process works. Musician Online (business section) This might help to resolve some issues relating who gets what and why.
Hope it helps!
_________________________
All the time and money I spent on you. I want my time back!
|
|
Top
|
|
|
|
|
#514160 - 05/29/02 02:43 AM
Re: What if!!!!!
|
Anifa
MP Hall of Fame Member
Registered: 03/26/02
Posts: 3572
Loc: Kansas City, Mo
|
|
Offline
|
|
You're welcome KC; I hope you can find lots of good info. I've experienced the same myslef, it's why I searched out the terms. Much of the time band members want all the same portions, but they want to sit back and let the lead guy do all the work. It's really a pain when you get a collaborator where everything clicks musically and then portions of ownership controversies destroy the entire works. I've learned, the hard way, to spell things out in writing before devoting time in collaborations; with everything compiled in a legal contract prior to the fact, there is no questions as to who is going to do what for what portions of ownership.
|
|
Top
|
|
|
|
|
#514162 - 05/29/02 01:10 PM
Re: What if!!!!!
|
kudyba
Gold Member
Registered: 04/27/00
Posts: 890
Loc: New York, NY
|
|
Offline
|
|
Originally posted by anifa: KC,
Here is an article outlining contributions to ownership of copyright and how the process works. Musician Online (business section) This might help to resolve some issues relating who gets what and why.
Hope it helps!
|
|
Top
|
|
|
|
|
#514163 - 05/29/02 01:21 PM
Re: What if!!!!!
|
Lee Flier
10k Club
Registered: 09/13/00
Posts: 15398
Loc: Atlanta,GA,UNITED STATES
|
|
Offline
|
|
KC,
Technically/legally, you don't owe them anything. If it were me I'd give them something anyway, especially if they weren't paid for the sessions in the first place. Money isn't worth losing friends/musical partners.
I also agree with the article that the income gap between songwriters/non writers in a band can be a really divisive issue. Again, I would not want to deal with that. I'd be happy to share income from my songs with my bandmates. I want the credit for having written the song but have no qualms about sharing the dough.
There are no set rules in the industry about this. It's all about deciding what's really valuable to you.
--Lee
|
|
Top
|
|
|
|
|
#514164 - 05/29/02 05:01 PM
Re: What if!!!!!
|
Anifa
MP Hall of Fame Member
Registered: 03/26/02
Posts: 3572
Loc: Kansas City, Mo
|
|
Offline
|
|
Originally posted by whitefang:  I would cough up just enough to keep them from the litigator. Legal fees have a way of adding up to more than any disputed settlement.
Learned THAT in divorce court!!
Before that ever happens, make the terms clear at jump.
Or has it already?
whitefang
--------------------------------------------------
"Klaatu! Barada, Nicto!" I've spent 7 years and counting dealing with the mongrels... My ex and I tried to go out as friends on mutual terms until our attorneys tossed in the fuel to keep the fire burning.
In terms of a Musical Marriage; PRENUPTUALS put the writing on the table PRIOR to the he said,she said, and attorneys take all! To save legal expenses; negotiate terms with all collaborators to be involved PRIOR to contributing works with persons soliciting for your talents or to those you solicit for; and also prior to hiring legal counsel. Don't jump out and hire an attorney after the first try out session for a new band member that looks like they might fit the part. Do, however, discuss terms and spell them out in writing as to what is expected and what the game plan will be once a working bond has been established. Don't wait to tell the new guy that wrote the melodic structure and 85% of the lyrical content of the bands' greatest hit, that YOU are the originator of the band and that YOU own ALL copyrights to the song because you played a tune on the guitar! He might not have been so willing to whore his talents out for free! Do some research for yourself; buy a few books maybe! Donald Passman's "All You Need to Know about the Music Business" would be a good start..... it's required reading in many Music Business College Courses. Once you buy a book..... READ IT!!! 
If you're any good, someone's going to be looking to make some BIG money because you hold a key element that completes the missing pieces of the puzzle; if your writing partner had a HIT song prior to soliciting for your talents, they would not have needed your contributions to begin with. Same goes in the reverse; if YOU had the HIT song prior to asking someone else to help out, why did you bother asking in the first place? Give credit where credit is due; if you don't want to cough up any ownership rights, then write the music scores yourself and HIRE studio musicians to play the missing parts. Either that, or if you are not capable of writing music scores, but you feel confident in your gifted chord progressions; then HIRE a qualified music transcriber to write your music scores upon listening to your personal composition and maintain complete control of your works separately from your band members. Copyright the piece in your name merely giving credits to your paid contributor as a "Works for Hire."
Keep this in mind; if you walk into a situation blind, chances are, you'll find that someone will be willing to steal you blind... It could be the Music Attorney, the Record Label that your Attorney is trying to prime for an even bigger negotiation with a well established artist, your Publisher, or even your very own writing partner looking out for number one. Educate yourself as much as you can and then discuss terms with all those involved that are contributing KEY parts to the songwriting process and draw up a rough draft of what needs to be written in legal terminology. A written and signed gentleman's agreement should suffice until your band gains some recognition. Once you begin on your journey to success, PRIOR to seeking publishing deals, where big monies come into play.... set the TERMS in STONE with a recognized LEGAL CONTRACT; hire an Entertainment Law Attorney. Legal Counsel is a business expense and should be tax deductible; get yourself a good Accountant and the money saved through tax write offs could very well pay their salaries and far beyond; while allowing you and your band a Professional Existance. If you have previously hammered out the details and have a general idea of how the divides are to go; you will not be paying the attorney to offer his ideas on what you could, should, and would do; in knowing that terms were agreed upon previously, he should be able to go in and recreate your basic ideas into legal terminology without excessive hours wasted in discussing the who's who of things. If you are uncomfortable with who should get what, and if you feel your team mates are trying to jerk you around and screw you over; then perhaps your should not be working with them to begin with.
If you put the band together, and you more or less are the one doing all of the leg work in getting the band publicity and etc... yet you have another person who is a contributing songwriter to the band; accommodate the songwriter for his talents in the copyright credits and establish yourself as your bands publisher, agent, or manager to accommodate yourself for all the extras that you are doing. If your songwriter whose talent is grand is in the starving artist category, that can't afford to pay a fair portion of the copyright fees; then if you don't have a problem in doing so, have him sign a written agreement that you will be reimbursed all your portions of money paid once the money starts coming in. Have a default clause written as well, that if he fails to reimburse you for your fees paid towards his ownership rights to the copyright within a reasonable amount of time; he shall forfiet his rights. What's fair is fair, if the song is making big money; his first royalty check should settle his debt to you! Don't cheat yourself; but don't write off the contributing talents of others.
This is all my own personal input!
|
|
Top
|
|
|
|
Moderator: nursers
|
|
|
