another copyright question..

[ciskokidd]

Hey John,The advice given by Martin, Matt, and Casey is invaluable. This is what joining the forum is all about - great advice from knowledgeable sources that have been through the paces.I hope others in your position will take the time to read this thread and gain some valuable insights.Best of luck,Cisco

[telaak]

Quote:Hey John,The advice given by Martin, Matt, and Casey is invaluable. This is what joining the forum is all about - great advice from knowledgeable sources that have been through the paces.I hope others in your position will take the time to read this thread and gain some valuable insights.Best of luck,CiscoI absolutely agree..what i've learned already will shape the way I handle my future recording projects..later..john

[telaak]

one more thing...if it's not asking too much...what would the proper name of the musicians release form be ?..i'm finding some forms online free, but they don't seem to be what I need, if I have to pay for it..I just don't want to pay for the wrong form..thanks..john

[gitarrero]

Quote:one more thing...if it's not asking too much...what would the proper name of the musicians release form be ?..i'm finding some forms online free, but they don't seem to be what I need, if I have to pay for it..I just don't want to pay for the wrong form..thanks..johnwork for hire agreement.

[avillaronga]

Quote:Quote:one more thing...if it's not asking too much...what would the proper name of the musicians release form be ?..i'm finding some forms online free, but they don't seem to be what I need, if I have to pay for it..I just don't want to pay for the wrong form..thanks..johnwork for hire agreement.If they are union musicians they may have trouble signing a "work-for-hire" agreement unless they are paid scale (or don't report it to their local...). This varies by region, depending on how involved their local chapter is. It is much simpler to use a "Master Release" or a "Session Musician Release" which is in essence the same as work-for-hire agreement but without the legal (copyright) implications of using that term. In copyright law the term "work-for-hire" is usually applied to a person that created a work for someone else and the person who paid for the work to be done is recognized, under the law, as the author even though that person may not have created it. In this case, the musicians performed the work that you created, that's why it may be better not to use the term "work-for-hire" so that you don't imply that the musicians created what they performed. HTHAntonio

[dcandco]

I agree with everything being said here, and I always pay the musicians and get a release form, even my own band. If and when success happens, I can pay bonuses as I see fit for their excellent performances. What I would offer to what has already been said, is that any percentages being paid out to producers and musicians would happen after all production and recording cost have been recouped. DaveBelow is a copy of the form that I use. You can copy it from here and paste onto a word document.Noet saying this is from a lawyer, but should stand up to any arguements.RELEASE FORMWITH RESPECT TO YOUR RECORDING OF THE BELLOW LISTED COMPOSITION (S) AND OTHER MATERIAL ENTITLED: 1. 7.2. 8.3. 9.4. 10.5. 11.6. 12.(FOR ADDITIONAL TITLES PLEASE ATTACH SEPARATE SHEET) (THE SONGS),ALL SUCH MASTER RECORDINGS AND ALL RECORDS AND REPRODUCTIONS MADE HEREFROM, TOGETHER WITH MY PERFROMANCES EMBODIED THEREIN, ARE YOUR PROPERTY, FREE OF ANY CLAIMS WHATSOEVER BY ME OR ANY PESON DERIVING ANY RIGHTS OR INTERESTS FROM ME, WITHOUT LIMITATION OF THE FOREGOING. YOU SHALL HAVE THE RIGHT TO MAKE RECORDS OR OTHER REPRODUCTIONS OF THE PERFROMANCES EMBODIED IN SUCH RECORDINS BY ANY METHOD NOW OR HEREAFTER KNOWN, AND TO SELL AND DEAL IN THE SAME MANNER UNDER ANY TRADEMARKS OR TRADE NAMES OR LABLE DESIGNATED BY YOU, OR YOU MAY AT YOUR ELECTION REFRAIN THEREFROM. I HEREBY WAIVE ANY AND ALL RIGHT WHATSOEVER IN CONNECTION WITH THE MASTER RECORDING (S) HEREUNDER AND THE RECORDS, INCLUDING ANY AND ALL ROYALTIES OR OTHER PAYMENTS IN CONNECTION WITH THE SALES OF THE RECORDS.ACKNOWLEDMENT IF THIS AGREEMENT IS HEREBY CONFIRMED BY MY SIGNATURE:NAME: _ ___________________________________ADDRESS: _____________________________________________CITY________________________STATE__________________ZIP_______________________SOCIAL SECURITY NUMBER:_______________________________________

[Casey H]

I can't answer from a legal review perspective (obviously) but, in general, as long as you have something reasonable in writing that states you own the master recordings free and clear and no further fees would be due anyone, you are probably OK. That is not legal advice or exact language.Again, not legal advice, but you might want to add verbiage that the musician(s) performed as a "Work For Hire". That's a fairly standard, known term in the industry.Good luck! Casey

[telaak]

thanks all..this is very helpful..later..john

[ciskokidd]

Hey John,Just be careful with the "unless otherwise specified" part and make the language on any addendum/attachment as clear as a bell.Best,Cisco

[matto]

Quote:the (UNLESS OTHERWISE SPECIFIED) part is so I can attach a sheet saying AFTER a deal is made we discuss a fair split of the $ - recording & taxi costs...I think this is a really *bad* idea...you should spell out what percentage you want to give them and what the cap should be (if any) in the release itself."Discussing fair splits" AFTER deals have been struck is usually a recipe for disaster and can destroy friendships. I would strongly advise against it.matto