Musician release/Writer

[Tree]

I just want to double check something as I sign a couple things. A library wants a musician release form (like a work for hire). As a writer do I fill that out too if I performed on my own song? It seems a bit redundant. So if the writers were the only ones who performed do I need to send in a musician release form at all?

Any insight is appreciated. Thanks!
Theresa

[bigbluebarry]

hey Theresa,

Someone with more knowledge feel free to correct me, but it's my understanding that the musician release forms are basically just for instances in which a third party who was involved in an aspect of the song may potentially lay claim to part of the copyright. So if the writers were the only people involved in all aspects of the song, then it is my understanding that you will not need a release form.

hth,
- Big Blue

[mojobone]

If I played on the recording, I'd sign the release form; (after a thorough inspection, or I'd provide my own) it's not for the library, it's for the end user. (and it's not like there's any shortage of ink) If you need to maintain the use of a fictional band to justify a higher license fee, you can always dig up a few extra signatures.

[Tree]

Thanks Barry and Mojo. I'll see if someone comes along with a tie breaker. I can see both sides of the argument. Mojo, love the idea of a higher license fee with the fictional band!

[bigbluebarry]

I'm not sure my statement was clear enough. From the situations I've been involved with, the musician release form only needs to be signed by someone who played on the recording but does not share any ownership of the copyright of the song. I've never had to sign one for any of the deals I've signed for tracks that I was the sole copyright owner and performer on, but I suppose you could sign your own release form if you wanted to. While the form is for the end user, as Mo Jo said, I would say that it's just as vital to the library as well so that they can promote the music knowing that it's free and clear to license and that they won't have any surprises pop up later on down the road. I do like the fictional band idea

hth,
- Big Blue

[matto]

You should just ask if you as the writer have to sign it or not.

In most cases you won't have to, but some companies will want you to, since the composition and the sound recording of that composition (on which you were a performer) are two separate entities and thus they want a release from every performer on the sound recording.

It depends on the attorney that drew up the contract. Generally the larger the company the more releases they want...

[llama]

Just had a similar situation arise. Company attached a studio release along with contract. I didn't send back the release and explained why, thinking I'm covered. Company then sent another release for composer played/produced/recorded material......and we all love filling in forms....
So bottom line...better ask...they may just have the right form for you...

Derek

[Tree]

Thanks everyone for the feedback! I will ask the company and if ever in doubt send them anyway.