Picking your brain over a hypothetical situation.....

A creative space for business discussions.

Moderators: admin, mdc, TAXIstaff

Post Reply
User avatar
annayarbrough
Serious Musician
Serious Musician
Posts: 1223
Joined: Mon Nov 14, 2016 7:18 pm
Gender: Female
Location: New York City
Contact:

Picking your brain over a hypothetical situation.....

Post by annayarbrough » Fri Nov 30, 2018 8:47 am

Hypothetical, thus far. :lol:

A while back I recorded a killer piece of music for a client/friend. Everything composed by him, I was just the hired gun for the day.

It was just a personal project of his (for a presentation), and at the time he had no plans of releasing it or anything.

He's a pretty chill guy and I loved the piece so much I've considered approaching him about releasing it... as a cover, of sorts, under my artist name (whether we use the original master or I record again would obviously be up to him).

Obviously I'd need to get his permission for anything and everything and draw up a rider/something similar to accompany the original WFH if using that same recording. My question is this.... since this is, to my knowledge, unreleased.... there's no HFA involved, or anything like that. I've been racking my brain to try and think of what I'm missing, so aside from the very obvious permissions issue—how am I making sure beyond a shadow of the doubt that he's paid properly as the composer if he goes for it? Is there anything obvious I need to do that I potentially haven't thought of?

Now of course he owns this particular piece we previously recorded in its entirety, and could just release it under his own name—but as he's not an artist, or active performer, the draw for him would be getting some traction in the circles that I have connections in. I've had a decent amount of traction in that specific area, so it could definitely be beneficial for him.

At the end of the day, he may have zero interest in this but in the event he does, I'd like to have my head fully wrapped around the idea!

Thanks folks!

User avatar
cassmcentee
Serious Musician
Serious Musician
Posts: 2832
Joined: Wed Apr 03, 2013 10:40 am
Gender: Male
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by cassmcentee » Fri Nov 30, 2018 8:56 am

Other than having him register with a PRO so that he can get paid for placements...
...you are essentially pitching the tune for him? Correct?
Sounds like a Win Win!

User avatar
markhimley
Committed Musician
Committed Musician
Posts: 866
Joined: Tue Jan 19, 2016 11:56 pm
Gender: Male
Location: South Dakota
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by markhimley » Fri Nov 30, 2018 9:31 am

Very cool situation!! Excited to see what comes of this, and would love to hear the song. If he ends up being stubborn about releasing it and wants his name on it as the artist - you could also offer to publish it thru Rhodium and pitch and release it that way. Just a thought.

allen
Getting Busy
Getting Busy
Posts: 82
Joined: Mon Oct 04, 2010 6:28 am
Location: Liberty, Mo
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by allen » Mon Dec 03, 2018 10:54 am

If the music has not been released for sale to the public, you may need to establish a mechanical license rate with him. Compulsory rate under copyright law I believe is 9.1 cents for music today under 5 minutes and 1.75 cents per every minute above that once the music has been released. So if the music is under 5 minutes then you would agree to pay 9.1 cents per composition, assuming all works are under 5 minutes, times the number of CD's you plan to have made. First Use for an unreleased work requires the some kind of established mechanical rate agreement if I understand it correctly. If he owns the recording and you plan to release the recording and not just do your own arrangement of the piece on your own CD, then you may need to set up a master license with him as well. Be sure to get something in writing.

If I am missing something, please other taxi members chime in on the situation or correct me if I am wrong.

Allen

User avatar
annayarbrough
Serious Musician
Serious Musician
Posts: 1223
Joined: Mon Nov 14, 2016 7:18 pm
Gender: Female
Location: New York City
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by annayarbrough » Tue Dec 11, 2018 3:48 pm

cassmcentee wrote:
Fri Nov 30, 2018 8:56 am
Other than having him register with a PRO so that he can get paid for placements...
...you are essentially pitching the tune for him? Correct?
Sounds like a Win Win!
Probably looking at more of a streaming situation... could pitch it, in theory, but it would have to be a pretty niche placement because of the nature of the piece. More of a performance piece than an under-dialogue situation.

Ideally I'd like to use the original master (because it would be a monster to re-record...), but opening to covering it if necessary...

User avatar
annayarbrough
Serious Musician
Serious Musician
Posts: 1223
Joined: Mon Nov 14, 2016 7:18 pm
Gender: Female
Location: New York City
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by annayarbrough » Tue Dec 11, 2018 3:48 pm

markhimley wrote:
Fri Nov 30, 2018 9:31 am
Very cool situation!! Excited to see what comes of this, and would love to hear the song. If he ends up being stubborn about releasing it and wants his name on it as the artist - you could also offer to publish it thru Rhodium and pitch and release it that way. Just a thought.
You make a good point, Himley! Yeah I hadn't even considered that... might be a good way to go

User avatar
annayarbrough
Serious Musician
Serious Musician
Posts: 1223
Joined: Mon Nov 14, 2016 7:18 pm
Gender: Female
Location: New York City
Contact:

Re: Picking your brain over a hypothetical situation.....

Post by annayarbrough » Tue Dec 11, 2018 3:53 pm

allen wrote:
Mon Dec 03, 2018 10:54 am
If the music has not been released for sale to the public, you may need to establish a mechanical license rate with him. Compulsory rate under copyright law I believe is 9.1 cents for music today under 5 minutes and 1.75 cents per every minute above that once the music has been released. So if the music is under 5 minutes then you would agree to pay 9.1 cents per composition, assuming all works are under 5 minutes, times the number of CD's you plan to have made. First Use for an unreleased work requires the some kind of established mechanical rate agreement if I understand it correctly. If he owns the recording and you plan to release the recording and not just do your own arrangement of the piece on your own CD, then you may need to set up a master license with him as well. Be sure to get something in writing.

If I am missing something, please other taxi members chime in on the situation or correct me if I am wrong.

Allen
Cheers, Allen. Sounds about right—I guess I'm trying to wrap my head around whether I'd be treating it differently if I'm not covering it, but releasing the original instead. Obviously that's a different licensing situation... just not totally sure which is the best way to go for all parties :lol:

Post Reply

Who is online

Users browsing this forum: No registered users and 1 guest