#989426 - 02/02/04 09:16 PM
spec deal question
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monestat
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Registered: 03/05/01
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I've been hired by a producer to engineer on a few spec deals lately, and the ones I've done so far with him have been verbal agreements that say things like "If something happens, you'll get paid your regular engineering day rate plus a little more...". Where can I find a contract that will protect me from totally getting screwed on this? I'm sure the producer just telling me that isn't going to hold up anywhere. Is it the producer's responsibility to see that I'm taken care of, since he requested me to engineer the project? Should the producer or his management sompany sign something or the artist? Or both?
Thanks
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#989427 - 02/03/04 08:57 AM
Re: spec deal question
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Bill@Welcome Home Studios
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"verbal agreements that say things like "If something happens, you'll get paid your regular engineering day rate plus a little more...". "
there is an old Hollywood saying... "Verbal agreements aren't worth the paper that they are written on."
Why should you work on spec at all? I mean, it sounds as if this is a regular thing.
Get yourself a contract that protects you. (and stop working for free.) Who hired you? That is your man. What are the chances that he has the power (contracturally) to be able to make promises to you about what you will get later? hmmm....
Bill
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#989428 - 02/03/04 04:32 PM
Re: spec deal question
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bdbklyn
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A letter of agreement between you and the artist can attach you to income from that project or income from future involvement n the project or artist.
Of course as bpark says a contract is really the only way to protect yourself but lawyers are expensive and it's hard to justify paying a lawyer while you are working for free. On the other hand a judgement against somebody who doesn't have any assets isn't going to put food on yor table.
Here is a simple enforceable letter of agreement that is recongnized as binding.
archive
bill
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#989429 - 02/04/04 06:33 AM
Re: spec deal question
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monestat
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I was hired by the producer, not the artist. I agreed to do it because I don't have anything else going on. As a matter of fact, today was my fifth day on the project and only the second time seeing the artist. Most of the other time was spent recording drums, guitars, doing rough mixes, etc., without the artist being around, so pretty much all of my dealings are with the producer. The producer is doing this on spec also, in a co-writing situation with the artist, but he is the one that told me about the whole deal. I've known and worked with him for many years, but it's just lately that we've been doing things on spec.
Bill, can I edit the document you provided so that it pertains to me, the engineer, being hired by the producer, and have it still be a binding document?
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#989430 - 02/05/04 01:33 PM
Re: spec deal question
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bdbklyn
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Yes you can edit it to suit your needs.
There are several things you need to retain to keep it binding. An agreed upon time limit.
Financial solutions to disolve the "partnership" before the expiration of the time limit and specifically mentioning the duties you are to perform. When you get it edited, post it without names and we can have some people take a look at it.
Bill
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#989431 - 03/01/04 08:48 PM
Re: spec deal question
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Henchman
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Get everything on paper. Don't undersell yourself. And try andf get a piece of everything. That's what i do. Spec deals, I want a small percentage of publishing, and various ways of getting money if any money comes in.
I see no reason to not share in the various pies if something does happen.
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#989432 - 03/09/04 03:19 PM
Re: spec deal question
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Bill@Welcome Home Studios
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Originally posted by Henchman:
Get everything on paper. Don't undersell yourself. And try andf get a piece of everything. That's what i do. Spec deals, I want a small percentage of publishing, and various ways of getting money if any money comes in.
I see no reason to not share in the various pies if something does happen.
Bill
_________________________
"...it's easier than hitting the kids, and almost as much fun..."
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#989433 - 04/05/04 09:13 PM
Re: spec deal question
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koolkid
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Registered: 06/04/02
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Originally posted by bpark@prorec.com:
"Why should you work on spec at all? I mean, it sounds as if this is a regular thing.
Bill
thats what a spec deal is,there is no money to pay anyone,they are hoping the artist will make money and they will be paid after that,thus the "speculation"
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#989434 - 04/14/04 04:42 AM
Re: spec deal question
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Dahoud
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Registered: 09/11/02
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Greetings all,
Why can't a producer who writes and provides music for a project, if he or she choses not to write for hire, expect and recieve co-writing credit? Is the music any less important than lyrics?
Regards,
Dahoud
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#989435 - 04/15/04 09:36 AM
Re: spec deal question
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DallasPA
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Registered: 11/27/02
Posts: 303
Loc: Reading, PA
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Dahoud,
You will have to look at your compensation for co-writing and production from two different perspectives.
From my experience when dealing with the majors and pts for production, it is rare to have more than 4 pts set aside for the entire album. So if the album has 10 songs, then each track you produce can be worth 0.4 points.
Then as co-writer make sure you copywrite the song as a complete work, you getting credit for music and whoever getting credit for the lyrics. This way the label has to negotiate with you concerning your portion of publishing.
To wrap it all up, I generally do a contract stating a minimum fee for writing/production generally 2k to 10k per song; plus points for production based on the number of songs I do; while jointly filing the necessary copyright forms. If it is a spec deal I hold the masters until my minimum fee is paid. This has worked well for me, since I only do spec deals with artist that have confirmed major label interest.
Dallas
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