I have a question, I am using a British drummer based in London. He is doing the drum tracks on one of my new songs, he will send my tracks to me and I will pay him via PayPal. Do I have to get a release from him for his contribution on the session? Thanks all....

The short answer is no; he is performing and you are paying. That is work for hire. But, it wouldn't hurt to have something in writing. I think there are examples of agreements you can use at the BMI website.

Steve

Excellent Stephen...I will look BMI is my PRO... so that is great thanks!!

You absolutely need a release. Otherwise (if it ever came to having to do this), how would you prove he agreed that the payment was payment in full, that he granted you unrestricted ownership to his performance and the sound recording of it, and that he wouldn't be entitled to residuals or "points" if the songs were released commercially?

+1 with Matt.

And to further potentially complicate matters, you will be subject to international law by hiring an English drummer.



"The term "work for hire" is only used in the US, but there is something similar called "works produced in course of employment" in the UK. The difference is vital: the US "work for hire" can apply to any commissioned work, even if it's done by someone who isn't employed by the party who has commissioned the work, whilst the UK term requires that the person is a proper employee. Also, all moral rights, except the right to be recognised as the creator, remain with the creator in UK law, even if the creator is ..."
http://en.wikipedia.org/wiki/Talk%3AWor ... k_for_hire

I don't know doodle about the laws, but they are probably worth taking notice, and it is ultimately up to fulfilling what the end user requires
or if they're willing to trouble with it.

I live in UK and the law is very different to US. The work for hire concept is not a term a lot of musicians are familiar with in my experience. However, I am pretty sure most people would be happy to sign it under US law. Some may want some additional payment while others would just sign with no questions asked.

+1 Matto

You NEED a release... nm where you are and my reasoning for that is... Apparently you are submitting to Taxi so you are going to need that paper that shows... even though there are other artists on the project they have released this master from any and all obligations meaning, you OWN 100% of the master, etc...

Not really, most agreements state that they are construed according to the laws of a particular country/state, and by signing you agree to be subject to those laws.
If you include language to that effect in your release, you should be safe. It's also not necessary to use the term "Work For Hire" as long as the agreement spells out clearly who transfers which rights to whom.

Disclaimer: of course being that I'm not a lawyer I'm really not qualified to give you any legal advice and you would be taking any advice given here at your own risk. If you want to be safe, consult a qualified entertainment attorney.

Others have said it... but yes.. you always, always want to have any one who contributes anything to your songs sign the proper agreements, whether it's a collaboration agreement or a work for hire agreement.

Make sure ALL the proper conditions and waivers are in place. If not, it can come back to bite you.

Be sure the agreement assigns you 100% control and all rights over all the performances in the song and that the payment was payment in full for the work done.

Nothing will make your day more exciting than a letter from his lawyer informing you that you're being sued for using his client's drum track without payment or permission.