#988878 - 08/06/03 05:00 PM
whats in a Artist-Producer agreement?
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dues
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I'm a new producer and I want to be as professional as possible and I want to protect my interests when working with an artist. I'm interested in the agreement before anyone spends money on a full contract. What should be included in this agreement to keep the unsigned artist from giving me the cold shoulder after I've recorded their demo that helped them obtain a record deal? If an artist is already signed what should this agreement say? The genre is r&b and I will supply their music(beat) and musical guidance.
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#988879 - 08/06/03 07:30 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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Here's a sample spec deal that I have used before. I think I put it up on a similar thread previously. It doesn't require the use of a lawyer although I've found that if you think you need a lawyer you usually do.
The terms, charges and length of time of the agreement are always negotiable. The length of the time is usually about a year or two. With the max of 7 years. I just put it the limit for you to see.
I have been screwed a number of times in the past after I produce a demo, give up spec time then the act gets signed and I'm left holding the bag. The perceived friendships that we have with the people we work, disolves rather quickly when it comes to money.....
**
LETTER OF AGREEMENT
This document constitutes a letter of agreement between _______________________(Artist), and ________________________(Producer) for the recording and production of the Artist's performances of original material and/or cover material for a demo recording (the "Demo"). This recording is to be distributed to record, management, and publishing companies for the purposes of the Artist's acquiring a recording and/or publishing contract.
The Producer and the Artist will use their best efforts to produce this recording at _______________________, or other comparable facilities. In addition, the Producer will aid in the distribution of the recording (the Demo) to the appropriate parties.
A fee of $__________ per song will be paid to the Producer upon the signing of the Artist to a recording or publishing contract within the time period of (length of time not longer than 7 years). Studio time will be paid by the Artist by actual invoice. These monies will come from the Artist's advances, superceding any prior or future commitments.
The Producer will contract for "Spec" time at the recording studios. Studio "spec" time is defined as time that will be paid for by the Artist at a rate of $_____ per hour payable (1) If and when the Artist is signed to any recording and/or publishing contracts or (2) In the event of the mutual termination of this agreement that includes the removal of pre-recorded tapes (the Demo) by the Artist, or agents for the Artist from the Studio.
No master tapes or media will be released prior to final payment with the exception of "rough" mixes to the artist for production considerations and finished copies of the demo to be distributed to the appropriate parties. The Artist will also bear the responsibility for payment for all materials to be used for the production of this demo.
In the event of a mutual termination of this agreement, that includes the removal of recording media by the Artist or agents for the Artist from the studio, all production fees, as well as the studio billing, must be paid in full.
If and when the Artist is signed to a recording contract as a result of the demo tape, the Producer will have the right of first refusal, as producer for the Artist's first two contracted albums at a competitive rate of renumeration for these services. In the event that the record company or the Artist feel that the Producer is not suited to perform these task, this agreement may be terminated for the fee of $_______ per album, paid by the artist or agents for the artist to the producer.
ACCEPTED AND AGREED:
_______________________ Dated: ___________
ARTIST
_______________________ Dated: ___________
PRODUCER
Hope this is helpful....
bill
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#988880 - 08/06/03 11:29 PM
Re: whats in a Artist-Producer agreement?
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Generalmix
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That's great Bill. Way to come through. This is pretty general agreement. And Bill is right if you think you need a lawyer get just in case.
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#988881 - 08/07/03 03:23 AM
Re: whats in a Artist-Producer agreement?
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dues
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Thanks Bill for the useful response, hate to hear about your past let downs its a shame what thanks we get in return and it leaves us no choice but to have a signed agreement in such close relations. I hear some artist aren't interested in an agreement that protects us but, If I encounter someone like this I would be suspicious of their motive and find someone more compromising.
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#988882 - 08/07/03 02:32 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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As we've talked about before, it's not unusual when an artist gets signed that the record company will try to hook the artist up with their producer. If your name is attached to this project as producer and you don't have a reputation established as a producer you will be pigeeon holed as a "demo producer". Remember, the record companies like to "pigeon hole" everyone. The agreement below is really a low risk for the artist that you are attached to this project if it gets signed due to your efforts.
This letter is just the beginning of the "paper trail" that you will have to be in place for it to stand up to scrutiny in the future. You must have session work orders for each session that you do with the artist at your studio. You should have them signed by the artist every day that you work. One of the key phrases used in the document is "best efforts" as used in paragraph 2. You will have to be able to prove that you have contributed to the project appropriatley. Because you are the organized member of this partnership, that should be no problem.
"Dues" also brought up another point that we should probably touch on by supplying the "musical beat" as he described it. That work could be considered a "work for hire" or as co-writing the material. This has to be negotiated between the artist and yourself. Be careful with this as is could strain a good working relationship by requesting co-writing credit.
I don't think there is a studio, engineer or producer out there that hasn't been burned at one time or another because they trusted someone to do what they said they were going to do for them.
Money changes everything. Real money changes everything alot!
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#988883 - 08/08/03 04:32 AM
Re: whats in a Artist-Producer agreement?
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dues
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Man this info is solid; big ups to you Bill! It sounds like a huge pitfall can be avoided with the info you just dropped. As far as the beat, I'm thinking of offering a fee for it like you stated in the work for hire deal and then when my track record is strong, seek some co-writing(and/or just higher fees). Does this sound like a plan? When is a track record good enough to raise fees? I guess if I'm not close to the artist and the agreement expires before the artist has a deal then nine times out of ten, I'm toast. I'm soaking it in and getting ready to pay my "dues" in the industry. I know I can't expect every single project to be a winner but, as long as the good outweighs the bad, I'm ok.
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#988885 - 08/26/03 07:18 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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Point well taken, but that's a "we'll jump off this bridge when we get to it" thingy and also covered under the;
Producer will have the right of first refusal, as producer for the Artist's first two contracted albums at a competitive rate of renumeration for these services.
I suggest you keep this agreement as simple as possible. An attorney in not needed to have this agreement between yourself and the artist.
The more details that you have in it will make the artist more reluctant to sign with you.
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#988886 - 09/26/03 05:15 AM
Re: whats in a Artist-Producer agreement?
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kid music
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I've always felt that a total "spec" deal doesn't work as well as when the artist gives a little something. The old "it's got to hurt a little" seems true - the artist just seems to have more respect for the whole process.
Plus, there are expenses (CDs, hard drive space...).
How would you incorporate these issues into a simple contract so that the artist pays a little something? Or do you think these types of things should be totally "spec"?
-kid pro
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#988887 - 09/26/03 02:48 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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I too, agree with the concept that "free" has no percieved value.
bill
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#988888 - 09/30/03 01:53 AM
Re: whats in a Artist-Producer agreement?
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kid music
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I'm glad we agree! So since your simple, clean, agreement is the one posted above, how would you alter it to get the artist to pay a small amount without scaring him/her/them off?
Thanks!
-kid music
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#988889 - 09/30/03 07:39 AM
Re: whats in a Artist-Producer agreement?
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Gretsch
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yo, any of yous heard of AURA a co supposed to protect/collect fees for producers?
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#988890 - 09/30/03 07:48 AM
Re: whats in a Artist-Producer agreement?
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Gretsch
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Bill,
the agreement you drafted up there, is fab! but agreed it needs a couple of alterations. i.e. it would not hurt to add a couple of clauses where you clearly specify that the artist(s) owes you money for the recording process regardless or record deal. Which in plain in English (?), should guard you and cover you in the meantime as well as future dues if the band gets signed, and perhaps negotiate a percentage on future enclosure of the material you worked on on any collections, best ofs, etc. Anyone agrees?
Money and friendship do not walk hand in hand at all! Check THE SMITHS, or even the Beatles, for goodness sake!!! Everyone, from band members, to engineers to producers, to designers come to blows with thir parties sooner or later!! 
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#988891 - 09/30/03 07:45 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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did you mean this?
"In the event of a mutual termination of this agreement, that includes the removal of recording media by the Artist or agents for the Artist from the studio, all production fees, as well as the studio billing, must be paid in full."
bill
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#988892 - 10/01/03 07:35 AM
Re: whats in a Artist-Producer agreement?
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Gretsch
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no Bill, I meant, an actual clause to specify that not only the artist has to pay for studio time but a percentage as well as credits to the Producer for their time and input whether the demo remains a demo or goes on to be a single/album.
And a line to specify also that a percentage is due to the producers again as well as credits for includison of the work in any future compilation or the likes.
What do you think?
Also, have you got the wesb address for AURA? I believe they are americans, wonder if anyone knows the UK equivalent.....?
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#988893 - 10/01/03 01:43 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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Please season to taste.
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#988894 - 10/02/03 06:59 AM
Re: whats in a Artist-Producer agreement?
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Gretsch
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hey Bill, great answer!
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#988895 - 10/02/03 08:47 AM
Re: whats in a Artist-Producer agreement?
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Gretsch
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still cant find an email address for AURA though, any idea? thanks 
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#988896 - 02/27/04 02:10 AM
Re: whats in a Artist-Producer agreement?
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blas
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I'm still smartin' from a spec job 7 years ago that I lost over 20k. I spent weeks at the local University law library, after that. By then it was the ole' day late and a dollar short story.
blas
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#988897 - 02/28/04 10:59 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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yeah...well....we've all had a little of that happen to us. My most expensive one was with someone who I presented the agreement to saying: " we don't need this....you don't think I'm not gonna take care of you, do you?"
Now I don't think, I know!
bill
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#988898 - 03/05/04 04:40 AM
Re: whats in a Artist-Producer agreement?
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lionel
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Hey Everyone,
I'm a new producer too and I was wondering what type of agreement I would use so that I may safely let my artist listen to my music. note: I don't want them to sign the 'actual' production agreement, just an agreement so that I can let them hear my tracks with legal peace of mind. Is this called a Non-Disclosure or Confidentiality Agreement?
Any help will be great.
Lionel
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#988899 - 03/08/04 04:23 PM
Re: whats in a Artist-Producer agreement?
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bdbklyn
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Yes, it's either called a confidentiality agreement or non-disclosure. There are examples all over the net if you do a search.
I'm just curious; why wouldn't you have "piece of mind" regarding your artist hearing your music. Wouldn't anything you've written be covered under copyright laws?
bill
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