hiring demo singers on work for hire

[Silversun]

Something i just saw here made me wonder....

WOuld someone with better business savvy please mind explaining whats normally expected. I hire a singer on a demo singer website. There seems to be no requirement to sign a work for hire or anythng else. YOu pa the money, send files and get a vocal back. Easy and great ! I guess under the usual demo usage its then fine to use to pitch and maybe have on your website as a demo.

However... what if you want to release the track ? Whats normal in terms of mechanicals etc for a singer and how does that work ?The singer has mentioned 'standard mechanical royalties ' as the singer if it ever gets released. Theres no such thing as standard is there??

What if you release as say , i don't know... the banjos featuring 'insert singer name here ' does that make a difference ?

Hope that makes sense. If you are paying a session fee to begin with is there a requirement to give splits ?

[Silversun]

Okay I did a bit of further research. Here are the terms on the site

:Copyright Ownership and Limitations:
Unless clearly stated otherwise in the gig description text, when the work is delivered, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller and the seller waives any and all moral rights therein. For removal of doubt, in custom created work (such as arrangements, sound recordings, sound design work, mixes, remixes, mastering etc.), the delivered service shall be the exclusive property of buyer. The seller expressly agrees to assign to buyer the copyright in any delivered services that do not meet the requirements of a work-for-hire under the U.S. Copyright Act. Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith. Sellers further assert that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Furthermore, users agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to AirGigs.com, including gig text, images, videos, usernames, user photos, user videos and any other information may be used by AirGigs.com for no consideration for marketing and/or other purposes. We wish to remind that AirGigs.com's content is based on User Generated Content (UGC). AirGigs.com does not check user uploaded/created content for violations of copyrights, trademarks or other rights. We invite everyone to report suspected violations together with proof of ownership. Reported violating content will be removed. By offering a service, the seller asserts that it has sufficient permissions to provide, sell or resell the service that they offer on AirGigs.com.

Am I to take that as i thought in th first place that its a work for hire and there is no obligation to give splits on anything after the fact ? First time ive done this and its already an issue. As it happens if we ever release the version id happily give a cut as they did a great job. I just want to know where I stand for future reference.

[ochaim]

The terms do look like the buyer gets all rights to everything, with the only exception of whatever's mentioned in the gig.

Additionally, independent of the U.S. Copyright Act, the seller agrees that unless he indicated otherwise in the gig description, once the order is completed the seller assigns along with it to the buyer, to the fullest extent possible under the law, all of its rights, title and interest, if any, in and to the delivered service and waives any and all moral rights in connection therewith.

If "standard mechanical royalties" is part of the gig description, then you're on the hook for that if CD's are manufactured.

that's my interpretation of it, anyway.

[coachdebra]

I'd still ask for a signed W-f-H agreement for your files. That way, in the future you've got the proof that you're rights are clear. Wouldn't want it to mess up deal in the future.

[Kolstad]

You need the WFH.
I have tracks without it, and I basically can only use them for demo purposes.
Wasted money, if you want to selfpublish.

Also make sure it's your WFH contract, and not their version!

[Jeff196]

I just hired a guy with a WFH agreement. Pretty seemless tbh.

[Jeff196]

I just hired a guy with a WFH agreement. Pretty seemless tbh.

[vbvoice]

Here's a decent WFH template with addendums for split percentages if needed. Of course you would need to change the location to fit your place of business in line item 10.

http://johnbraheny.com/2008/09/15/work- ... agreement/

[Rossmusic]

What are the rights any performer has to a song, never mind a demo singer?

There's the writer, and the publisher.

In an industry bedevilled by litigation, has anyone ever been sued by a demo singer, or demo company? Work for hire is work for hire.

Maybe I'm missing something?

[Casey H]

NON-LAWYER DISCLAIMER (as always)... Consult a qualified music attorney.

There are 2 different copyrights/ownerships on a recorded piece of music:
(A) The song itself (music and lyrics)
(B) The recording

When you enter an agreement with another party for them to use the RECORDING in film/TV, both the song and the recording has to truly be owned by you, with no possibility of future claims by anyone. So, let's say you had someone sing your song. How does the licensing party (end user) know for sure the person won't say they didn't grant permission for use? Or claim they deserve a share of royalties? You have to sign that you own both the song and the recording free and clear and are legally responsible for any claims. Without a signed WFH, theoretically, you can't say for sure you own the rights free and clear.

Someone may tell you that it's fine verbally but should your track make money one day... Well, you know how that can change things.

Has anyone every been sued? I have no idea but I'm sure somewhere it has happened. All it takes is one musician complaining to a licensor that a track was used without their permission to cause you a huge legal mess and destroy your reputation.

So... As Nike says... Just do it!

Casey