Are musician releases always needed?

[lindy]

I had some songs recorded that I thought were just for a demo. Now I have joined TAXI and in looking over the listings, I see that the song could be used as is, not re-recorded. Does that mean that I will need musician releases? From every person on the demo? Some people have told me it was just a work for hire. I'm confused. Thanks for your help...there is a deadline approaching, and if I need to track down people, I need to have the forms to send them!

[hookstownbrown]

Lindy, funny you should ask... I have recently dealt with this same issue. I discussed it with a number of people in Nashville and the general consensus pointed toward this abbreviated answer to your question:For the most part, the vocalist and the musicians are considered, "Work for Hire", as it pertains to a demo recording -- "For pitching only".When you permit the actual "demo" recording to be used for anything that generates income, the demo is then considered a "master" recording and that's where the line is drawn.Using a demo recording for anything more than pitching to publishers artists and labels, etc -- making money directly from that demo recording, requires releases for the intended use.You can't use the performer's name(s) or the producer's name(s) without their consent, although they would certainly benefit from the use of their names, so it is not usually a problem getting those releases.I should add, though, when substantial money is involved -- and the word, "substantial", was mentioned more than once -- all contributing parties; performers, producer(s) and anyone directly involved, should be fairly compensated and they expect to be compensated appropriately. If your demo becomes a major money-maker, those responsible for the final product deserve a piece of the pie, so to speak.Both, the producer that does my demos and the vocalists I use in Nashville have been doing work for me for a long time. They count on my repeat business and I count on their best efforts. One hand washes the other. If I need a TV/Film release from them, it's not going to be a problem. That notion should speak volumes to you...I hope this helps...Best wishes...

[Casey H]

LindyYes, the releases are necessary to use your tracks "as is" for film, TV, etc. That doesn't mean you shouldn't start pitching them until you get the releases, just that you need to get them as soon as you can.Some libraries, film/TV supervisors, or publishers will require that you show them. And even if no one asks for them, if you demo makes it big, you could later get sued by the musicians.Note that most contracts you will get from music libraries, publishers, etc. will have a clause whereby you state you own the rights to the recordings and are responsible for any claims otherwise. So, if after your song gets placed, one of the musicians claims that you did not have permission to use his/her performance, they can cause you a lot of grief.Don't wait to submit these songs to TAXI if there is a deadline approaching. Even if you get forwarded, it will be many weeks or months before anything could happen anyway.The releases should say you own all rights to the masters to use as you wish for any and all purposes. Optionally (preferred) it should say that you may use the name and likeness of the musicians, if they are OK with that. Sometimes they are not- e.g. someone who is known in a successful band may need to keep their name out of the public eye. As far as the "use as you wish" thing, sometimes you will need to state an exception as far as release on audio CD only- that is, you can't release and sell a CD with the song, unless it is part of a soundtrack for the associated film. ALL OF THE ABOVE IS PARAPHRASING, NOT LEGAL TERMS. DO NOT USE AS SUCH. Good luck! Casey

[jeffe]

Yes you do.Make sure you find them fast. If one of those compositions gets accepted by the company involved in the listing, you'll be contacted by them. You don't want to be in a situation where you have to tell them that you are not sure if they can have it. That will not do you any good at all. That sort of thing is frowned upon.