possible deal with Music Library/studio

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MarkDoyle
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possible deal with Music Library/studio

Post by MarkDoyle » Thu Aug 28, 2014 3:01 pm

Hi everybody: I just wanted to throw this scenario out there to ask advice of the forum. I have been recording with this studio for the past few years and using them to record my TAXI submissions. Apart from my stuff he mostly deals with rappers and Hiphop things. The other day he asked if he could use any of the 50+ tracks I have recorded with him on some potential projects he might be involved in and, if so, how much would I charge? Is this something I should consider and what would be a fair price per track in this situation? I already have most of these tracks registered with BMI

Thanks in advance
Mark Doyle

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Re: possible deal with Music Library/studio

Post by sguiles » Sat Aug 30, 2014 9:14 am

Mark,

I would first come up with at least a simple contract that you both can sign so everything is clear ad up front about how monies and rights will be divided.

Second, if you are already submitting you must emphasize with him that your tracks can ONLY be used in a NON-EXCLUSIVE manner. Now, if the tracks haven't been placed, they could go either way.

Communication is the key. If he is clearly communicating with you and everything is on the up and up, then it sounds like it could be a good thing. I guess it depends on the kind of relationship you have and if you feel he is trustworthy.

My 1.5 cents. :)
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Re: possible deal with Music Library/studio

Post by MarkDoyle » Sat Aug 30, 2014 3:29 pm

Thanks,Steven. What kind of money should I ask him for per track,if he were to use anything?

Mark

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Re: possible deal with Music Library/studio

Post by Casey H » Sat Aug 30, 2014 4:16 pm

MarkDoyle wrote: The other day he asked if he could use any of the 50+ tracks I have recorded with him on some potential projects he might be involved in and, if so, how much would I charge?
Hi Mark
First, want do you mean by "use tracks on potential projects"? That needs to be defined first. Are we talking about artists recording songs you wrote? Are we talking about backing tracks or parts (e.g. bass, drums, guitar, beats, etc) used as part of new recordings?

Best
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Re: possible deal with Music Library/studio

Post by sguiles » Sat Aug 30, 2014 4:24 pm

What Casey said. I'd first find out how he plans to use them. Like, for film and tv projects?
Or are other artists going to use the tracks for their own songs?

Hmmm...I wonder what that would mean to write an entirely different song over the same bed track? Casey?

It's definitely worth talking about.

How much will he be charging his clients for the use of these tracks?
Maybe a percentage of that?
Maybe some tracks are better than others and you want more for it?

It's all about communicating!
Talk it out.

I'd love to hear how this turns out.
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Re: possible deal with Music Library/studio

Post by MarkDoyle » Sat Aug 30, 2014 4:53 pm

I think he's talking about using some of these backing tracks for other artists to rap over or as backing tracks for voice over things. I don't want to miss an opportunity but I also don't want to sell myself short. Any suggestions are welcome and appreciated. Thanks
Mark D

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Re: possible deal with Music Library/studio

Post by VanderBoegh » Mon Sep 01, 2014 9:00 pm

I'm definitely not an expert here, Mark, but here's my thoughts:

First, are any of these 50+ tracks signed to libraries already? If so, are they exclusive or non-exclusive?

Second, if he's just using your instrumental tracks as music beds for the rappers to rap over, then you're going to be limited to only using tracks that are not signed at all, or signed non-exclusively. If you've got exclusive deals on any of these tracks, then even if you add vocals over the top of the music, they still technically belong to the company you've signed them with (at least, I think... someone feel free to correct me if I'm wrong). So, if you give these guys an exclusive track and they rap over it and then they try to sell it or make their own deals, you would be in violation of your contract. Not worth getting blacklisted from a library over, or the lawsuit that may follow.

Third, if everything from my second question still allows you to proceed, I'd probably charge in the neighborhood of $200 per track, and then the studio owner could chop it up and arrange it in a way that the rapper wants. Personally, I wouldn't want to do any of that dirty work, but if the studio owner is willing to do the chopping and arranging then you could just take the money and run.

Of course, any of the instrumental tracks that are used this way are now prohibited from being signed to exclusive companies...

Hope that makes sense. I'd also love to hear how this turns out.

~~Matt

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Re: possible deal with Music Library/studio

Post by Casey H » Tue Sep 02, 2014 4:53 am

MarkDoyle wrote:I think he's talking about using some of these backing tracks for other artists to rap over or as backing tracks for voice over things. I don't want to miss an opportunity but I also don't want to sell myself short. Any suggestions are welcome and appreciated. Thanks
Mark D
Hi Mark
I think the biggest challenge here, regardless of price, is the exclusive/non-exclusive issue. Here's a scenario: An artist uses your backing tracks for songs. He/she then wants to market those songs which would likely involve a publisher. A publisher would almost certainly need exclusive control of everything. So then you could not use these tracks for your own pitches such as film/TV.

The whole thing could get very sticky depending on what the artist wants to do and what you want to do with the tracks. I assume you currently the master rights to everything 100% and you have WFH's if any other musicians were used in the studio.

Of course, there are lots of potential negotiated solutions and I can't pretend I know the answers. Maybe selling some of your tracks as complete buyout would work-- tracks you'd be OK with never using again on your own. You'd need to be compensated appropriately, of course.

If a serious proposal is on the table, you might want to discuss it with a music attorney. I know the cost of that sucks, but it might save you a lot of grief down the road.

Best of luck!
:D Casey

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Re: possible deal with Music Library/studio

Post by MarkDoyle » Tue Sep 02, 2014 5:12 am

thanks to all of you for your advice. I'm going to the studio either tonight or next Tuesday so I have a lot to think about. In the meantime I will continue to write and submit.

Mark D.
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Re: possible deal with Music Library/studio

Post by coachdebra » Tue Sep 02, 2014 10:38 am

I think the other key question is who then owns the final product - including both writer's share, publishing and mechanicals.

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