Legal questions about demo studio recordings

[doughnutsrule]

Anyone familiar with using mail-order demo houses and the legal issues involved?Here's my dilemma:I live in NJ, and I want to have an ongoing working relationship with a great demo house in Nashville, and I don't mind spending the extra money it costs to work with this particular one if I can use the final recording to pitch to TV, film, compilation CDs, etc.The demo house emailed me assuring me that the final recording is owned solely by me and that the musicians are "work for hire", and I can pitch the recording as I see fit, but I'm still concerned about a few possible issues.Besides needing to be sure that the musicians sign a "work for hire" agreement with the studio, I feel that I need to be sure that all who work on my songs, including the studio owner, or whoever might call himself "producer", or the engineers, the arrangers, etc. are involved in a "work for hire" capacity.I actually asked an intellectual property attorney about these concerns, and after conferring with his peers, he thinks I'm right to be concerned. Also, and this was a concern brought up by the attorney, union agreements between musician unions and the film, tv or recording industry might be in place that would override any agreement I would make with the studio or musicians. I was hoping that the up front monetary risk I'm taking would allow me to reap all of the rewards should my songs make money at some point, and that I wouldn't have to worry about paying the musicians, or studio employees anything in the future.If I can't get around this, then it isn't worth paying twice the price for a master-quality, radio-ready recording. I would just use my home studio to do song pitches to publishers or other non-"broadcast quality" Taxi listings.What I don't want is to be surprised years down the road by someone demanding to be paid for his or her contribution to the recording. Any knowledge about this subject would be greatly appreciated.Thanks,Jeff

[mojobone]

Much of the knowledge about this subject is in the "Biz" section of the forums, where this thread will likely be moved. Yes, there are contractual considerations with union shops in Nashville and a set fee increase for productions intended for release has been negotiated on behalf of the union. However, you may find that the premium for release masters varies from shop to shop because the negotiated bump is a minimum, and each studio is free to tack on surcharges.There are also some production facilities that use non-union musicians, (who are often the same musicians that work in union shops, moonlighting to make ends meet) but you will typically still have to pay extra for work-for-hire agreements that cover material intended for release. That amount is completely negotiable, however.Search "work-for-hire agreement" in the Biz forum for more on the subject, it's been covered pretty thoroughly in recent months. HTH* oh, and I wouldn't worry about getting WFH agreements from the recording engineers; the producer, musicians' and singers' should be plenty

[doughnutsrule]

Thanks. I'll start reading the Biz section for more info. I appreciate the help.Jeff

[cameron]

And just make sure you have a written Work for Hire Acknowledgement from the studio so that you're covered in case the studio "forgot" to pay the musicians. I just got one in the mail from my studio a few days back.Cam

[mojobone]

Well, the search didn't pan out so well-guess I shoulda searched "release" instead of "work for hire"-my bad. Here's the straight scoop with a side of poop...(and I mean that in the Navy sense of the word, natch) http://taxi.proboards.com/index.cgi?boa ... =10489This one's not specific to your situation, but still a good and useful read...http://taxi.proboards.com/index.cgi?boa ... read=10567

[doughnutsrule]

Thanks guys for the help. I'll read those links and scour the Biz forum for anything else I can find.Jeff

[doughnutsrule]

I've read through a lot of old posts in the Biz section. Lots of great info. I still have some questions if you'll indulge me, one of which is:If a person far away from Nashville, like me, is using a Nashville demo studio and wants "Work for Hire" agreements signed by all musicians, producers, and singers working on each song, how do I know that all musicians are accounted for? I assume I have no way of knowing, so I suppose there has to be a "Work for Hire" agreement signed by the studio owner like Cameron suggests, and one that makes the studio liable for any legal disputes with musicians, producers, and singers in case the studio wasn't thorough. Am I right to be obsessing over this?Thanks,Jeff

[mazz]

IMO you are right to be obsessing over this before you have any work done. Getting all your ducks in a row before you start submitting is crucial in your situation. You don't want to lose a deal or get in a legal dispute because you didn't take care of business ahead of time.You're doing the right thing.Mazz

[doughnutsrule]

Thanks Mazz.

[mojobone]

You know all the musicians are accounted for, cuz you request an itemized bill. Omissions are on the studio owner; if he signed the work for hire agreement on behalf of the players, they sue him, not you-in the event of a dispute.