Do I have to sign the recording studio's split sheet?

[bohemianlife]

Hi,

I recorded a song at a studio that got a really good write up in our City Paper. It was my first time. I copyrighted the song with the U.S. patent office beforehand, although I did it incorrectly using the SA form instead of the PA form.

After the recording session, they pulled out a split sheet. I was kind of surprised because I saw on the internet a lot of studios saying you get a hundred percent of the copyright. So I told them I didn't want to sign because I don't like signing something I don't understand. I said I'd pay the fee and they could keep the CD they were going to give me. I then told the guy I had copyrighted the song and he replied, "Oh you mean only the lyrics." I said no, I copyrighted the song with music. The A&R guy then went outside with his cell phone to discuss with his boss. When he came back in, he said they'd let me have the cd and if I could sign the split sheet along with a production agreement and mail it back after I get the information.

I have no problem giving 33% to the other two producers if that's standard practice, but there's a lot of conflicting information on the internet. Also, I don't completely like the version they created, although it's not bad. Being my first time, I wanted to get out of the way and just watch the process. I would prefer to let them have 33% only on this version of the song.

I'm thinking of hiring a music industry lawyer. I've been looking through books and websites, but many questions remain unanswered for me.

Thoughts?

[coachdebra]

Hi,

I recorded a song at a studio that got a really good write up in our City Paper. It was my first time. I copyrighted the song with the U.S. patent office beforehand, although I did it incorrectly using the SA form instead of the PA form.

After the recording session, they pulled out a split sheet. I was kind of surprised because I saw on the internet a lot of studios saying you get a hundred percent of the copyright. So I told them I didn't want to sign because I don't like signing something I don't understand. I said I'd pay the fee and they could keep the CD they were going to give me. I then told the guy I had copyrighted the song and he replied, "Oh you mean only the lyrics." I said no, I copyrighted the song with music. The A&R guy then went outside with his cell phone to discuss with his boss. When he came back in, he said they'd let me have the cd and if I could sign the split sheet along with a production agreement and mail it back after I get the information.

I have no problem giving 33% to the other two producers if that's standard practice, but there's a lot of conflicting information on the internet. Also, I don't completely like the version they created, although it's not bad. Being my first time, I wanted to get out of the way and just watch the process. I would prefer to let them have 33% only on this version of the song.

I'm thinking of hiring a music industry lawyer. I've been looking through books and websites, but many questions remain unanswered for me.

Thoughts?

First I am not a lawyer.

Alright now that we've gotten that out of the way. This strikes me as really sleezy - that they have you sign the split sheet AFTER the recording. As opposed to before you started working with them.

Did they contribute 66% of the song? Or was it your creation and they mixed/mastered it?

I'm thinking that unless they contributed considerably to the song itself, they should be W-F-H - in other words, owning nothing but getting paid for their time/skill.

But no matter what - this should be agreed upon BEFORE the session, not after.

[bohemianlife]

Thanks a lot for your advice. I think you're right. All the articles I have read said the split sheet should be offered before the recording session. I probably would have refused and gone with something like Studio Pros, or another studio where they don't practice like this.

What's odd is the studio had some big names come through recently. You'd think they wouldn't try something like this, but maybe it's because I'm small fish, or they really like the song, which the producer certainly did.

You've convinced me to see a lawyer. Thanks a billion for your reply.

[mojobone]

It can be helpful to know what you're signing. (slight understatement?) Bear in mind, there are two copyrights in play, here; that of the underlying song and that of the recording. Traditionally, the entity that pays for the recording (studio time, musicians, ancillary costs such as arranging and/or copying) owns the rights to the recording, while you retain the copyright in the underlying song, as the writer.

It gets a bit more complicated in modern pop production, where you can have any number of music 'producers' working with a top line writer, under the supervision of an executive producer. In that scenario, you could arrive with a chord progression, a basic melody and 80% of the lyrics that end up in the final version, and still need to split the song copyright with the beats producer who revamped the arrangement, the vocalist who improvised some terribly important vocal hooks, a rapper who added his rhymes, and maybe the session's executive producer who might be the reason your(?) song got recorded, or why the intended artist ever got to hear/consider it.

If you're the one paying all those other people up front, they shouldn't be asking for a split, unless they're giving you a discounted rate (or some kind of added value) in exchange. In that scenario, you should be asking them to sign a work for hire agreement, before committing a note to hard disk. A careful reading of the split sheet, and any other contracts with the help of an experienced entertainment attorney would be indicated, in my opinion. (I am not a lawyer, either, )

[bohemianlife]

Thank you so much. That's what happened. I paid everything up front. Being a newbie, I expected a work-for-hire gig. The fact that they are a well-rated studio that just recently had a Billboard Hot 100 act record at their studio, and not explain beforehand the split sheet really gnaws at me. I have no problem giving people their fair share, but when you feel you've been taken, a gut feeling of some underhandedness, it makes the situation really difficult. And the horrible thing is, I want this studio to succeed because it's near where I live. It's a terrible feeling. Had I signed before recording, I would have accepted my lot.

Furthermore, when I correspond with them, and I say something that is to their advantage, they respond immediately. Then when I come across something on the internet or in a book that tells me I don't think they're being quite fair, they don't respond. It's almost as if they want me to make a mistake. I talked to a lawyer, and he said not to sign anything. I want everyone to gain, to win-win honestly. But I don't feel it, and it really bothers me. I'm going with my gut feeling and not dealing with them anymore.

Thanks again for your input.

[coachdebra]

Thank you so much. That's what happened. I paid everything up front. Being a newbie, I expected a work-for-hire gig. The fact that they are a well-rated studio that just recently had a Billboard Hot 100 act record at their studio, and not explain beforehand the split sheet really gnaws at me. I have no problem giving people their fair share, but when you feel you've been taken, a gut feeling of some underhandedness, it makes the situation really difficult. And the horrible thing is, I want this studio to succeed because it's near where I live. It's a terrible feeling. Had I signed before recording, I would have accepted my lot.

Furthermore, when I correspond with them, and I say something that is to their advantage, they respond immediately. Then when I come across something on the internet or in a book that tells me I don't think they're being quite fair, they don't respond. It's almost as if they want me to make a mistake. I talked to a lawyer, and he said not to sign anything. I want everyone to gain, to win-win honestly. But I don't feel it, and it really bothers me. I'm going with my gut feeling and not dealing with them anymore.

Thanks again for your input.

It's always best to get everything in writing in advance. And if you ask someone to sign a w-f-h agreement, and they say, you know, we're all friends here and don't want to sign? Just say (in a really friendly voice), "I don't know about you - but this is my business. If you're not willing to put in writing what we've agreed to verbally, then perhaps I should just work with someone else. That way we can keep our friendship."

[Casey H]

Sorry you are going through this. The lesson learned is get everything in writing first. The most *common* way this is done, assuming you wrote the lyrics and music, is you pay a fee for the studio production and the musicians sign work-for-hire agreements which state in exchange for their session pay, they relinquish all rights and claims to the music and recording. I say "common" because there is no absolute, one way things are done. However, most honest, reputable studios operate this way.

In the future, always be clear that you are asking for the recording as work-for-hire and have the paperwork signed up front.

The best you can do now if you want them to release your recording is offer a compromise. For example, ask them to sign work-for-hire agreements which has a clause that they would get a percentage of any future earnings. Of course, since they were paid up front, they don't have much motivation to do anything. But give it a shot.

Disclaimer: I am NOT a lawyer.

Best of luck!
Casey

[bohemianlife]

Thanks a lot for your posts guys. I lucked out this weekend. I had talked to a Nashville lawyer and he told me not to sign and said it was a work for hire. But I kept reading on the internet and books where they seemed to say it's not considered a work for hire. The studio also kept emailing me giving reasons why it's not a work for hire, which seemed to make sense. Then I attended a party last night and ran into a friend who did copyright law in a big time law firm. She had to preface, she's not a lawyer because she's a teacher like me now, and she explained why I should definitely not sign. It's considered a work for hire because I sought out their service and paid up front with the intention to do a work for hire. The burden was on the studio to state otherwise before the recording. They were actually trying to work like a quasi-record company. I was afraid I might run into problems when I try to sell the song, especially for TV and radio, since the studio wanted me to sign a beats agreement. She also stated, even if they tried to sue me, they would have a hard time finding a lawyer to defend them because they have no solid ground to stand on. She also stated how unscrupulous these people were, and she said the music industry is notorious for that, especially with newbies.

I am so relieved. So now I'll try to sell my song on CD Baby and Bandcamp and recoup my losses because the song doesn't sound exactly how I want it. I could try to sue them to get the masters, but I've decided to move on. The thing that was bothering me was not the loss of money, but whether I was being honest, or being greedy. Now that I know, what a relief. In the process, I gained some valuable knowledge which is probably worth the money I spent at the studio.

Thanks again for your posts guys. They really helped.

[Casey H]

...She also stated, even if they tried to sue me, they would have a hard time finding a lawyer to defend them because they have no solid ground to stand on. She also stated how unscrupulous these people were, and she said the music industry is notorious for that, especially with newbies....
... I am so relieved. So now I'll try to sell my song on CD Baby and Bandcamp and recoup my losses because the song doesn't sound exactly how I want it. I could try to sue them to get the masters, but I've decided to move on. The thing that was bothering me was not the loss of money, but whether I was being honest, or being greedy. Now that I know, what a relief. In the process, I gained some valuable knowledge which is probably worth the money I spent at the studio.

Thanks again for your posts guys. They really helped.

Unfortunately, you still have a problem. Even if they would be on shaky ground at best if they tried to sue you, you do not own the rights to the masters free and clear. I know for film/TV, if you sign a contract with a library, publisher, or end user, you attest that you own all rights and are responsible for infringement claims if that's not the case. So without a signed WFH, you *cannot* pitch this for film/TV. Although I'm not that familiar with selling tracks on CDbaby, iTunes, etc. I would be pretty sure their agreements have similar language and therefore legally you can't sell the songs there either.

It doesn't matter whether or not these folks would have a good case or not. What matters is you have no written proof of your full ownership and parties out there who might want to lay claim.

Sorry to be the bearer of bad news. Again, disclaimer: NOT a lawyer.

Casey

[bohemianlife]

Thanks for the input. I'll ask the ask the lawyer about it.