Work for Hire Forms

[Bridgette]

Hi there!

Where is the best place to get a work-for-hire form / contract? I found a generic one over the internet in PDF...most of it makes sense to me. (I am not a lawyer, and do not have one, and do not yet belong to a PRO or union to get legal advice.)

Does it depend who I use it for, i.e. both my producer and my musicians. Do I need the sound engineer or mixer to sign off on it?

I just want to K.I.S.S. and C.M.A. lol! Any suggestions?

[rnrmachine]

Hey Bridgette,

For the musicians it needs to be a "release" from any rights, such as performance royalties etc... I wish I could help you with a contract, but I don't have anything that I am 100% sure would be safe for you.

I know to MAKE SURE that the studio isn't going to try to claim ownership of "the master" and get that in writing. ALL of the contracts should state "Work for hire" unless something has changed in the last 10years. Any work I did for people, I wrote up a simple contract stating.. I <name here> am doing a work for hire on <project title here> for <name of band or songwriter> and release ANY and ALL rights to said project... Payment of <$$$ here> due on <date> or on delivery. Whichever works best for your situation. No room for loop holes with that... ya know!!!

Maybe contact BMI or ASCAP, I am sure they would have access to a standard contract. The one you are looking at online MIGHT be a "one for all" contract. So it looks a little complex because it is covering ALL bases.

Hopefully someone like Casey will chime in with some info since he uses hired people often. Mainly I am just giving your post a "bump" back up to the top.

Rob

[Bridgette]

Thanks Rob!

You're right, the studio did have me sign something...I should look that over again, huh?! lol....sigh, so much to consider when doing business. But def worht it for my own protection's sake. But yeah, I'll look more into a specific versus generic contract and see what I come up with.

In the particular form I found, the agreement is between the "Contractor" and the "creative firm" so it appears to be kinda all encompassing. I assume I am the contractor...?

Is there any contract for dummies website or book I can read?? lol

Thanks in advance...oh and my music can be heard @ www.brigetteperdue.com

Happy Friday!

~Bridgette~

[simonparker]

Hey Bridgette:

If you're looking to CYA, then I suggest you dole out the money for an attorney to draw up a WFH rather than rely on the generic forms. Regardless, even the best laid out work-for-hire contract is not bulletproof, there will always be something on a contract that can be read differently by different people, etc. that could not cover you in every situation for work-for-hire. However, for most people, and considering the difficulty in generating revenue from music, I think a generic form that acknowledges the musicians as work-for-hire and they have no stake in the rights of the song or performance should suffice. Paying the dough for a lawyer to get a top-notch contract is the next level, and probably the best comfort you can have to cover yourself. Keep in mind that paying for an attorney to get a work-for-hire document to use will be a lot cheaper than having that attorney argue for your defense that the performers on your smash hit were work for hire and are not entitled to all royalties you are receiving for your great song.

[Casey H]

I usually have the producer and all musicians/performers sign a WFH. I don't think you need an attorney here-- that will cost a lot and sometimes attorney's go far from the KISS principle on this. Off-line (DO NOT POST ON FORUM), many folks can show you sample documents.

Speaking as a NON-LAWYER who can't give legal advice, as long as the document says (paraphrasing!! Not legal language to use!) who the person is (name, address), what they did, what you paid, the work was performed as a "work-for-hire", and as a result you own 100% of any and all rights to the master recording to use as you wish forever, they have no claim to any future royalties or payments of any kind, you should be OK. You also should try to include that you can use their name and likeness in credits, promotion, etc unless they object. That's most applicable to the vocalist on a song. Some studio musicians or vocalists will not want that for a variety of reasons.

Again, this is not legal advice and should not be taken as such.

Good luck!
Casey

[suzdoyle]

Hey Bridgette;

I just sent you a Personal Mssg:-)
Suz

[rnrmachine]

Hey Bridgette the link didn't work.. and I really wanted to check it out.

Rob

[Bridgette]

oh wow, I'm such a flake...I misspelled it! lol

www.bridgetteperdue.com

Thanks for listening!!

[rnrmachine]

Hey Bridgette,

That worked but now I keep getting an option to enter a Name and Password, when I hit cancel it pops back up after a little time passes by. No big deal but something you will need to figure out how to fix so in the future it don't happen to people just visiting and only happens to you. UNLESS it is a Twitter thing and only happening because I don't have a Twitter account. HAHA, me on twitter, I would tweet just to annoy people HAHA, only kidding!!

That aside, I really like your songs and you sing like a bird, jeez you have a great voice. I can't wait to hear your voice through a C-12 or something along those lines, I also can't wait to hear them produced!! I caught your ReverbNation page after joining your Email list and I see you are right in Pittsburgh. I am at the other end of PA, just about 20-30 minutes north of Allentown, depending on traffic. I grew up just north of Philly though. Anyway, I am waving out my window to you... in your general direction. HEHE

Good Luck with the recording sessions!!

Rob

[Bridgette]

ya know I saw that and i thought it was just ME and my comp the password thing was happening to. Thanks sooo much for the heads up...and your compliment made my day! Yes, I will def keep you posted on the CD and any nearby performances.
Thanks for joining my street team, i listened to your track, very nice work! Have a wonderful day.

Keep dreamin'!

~Bridgette~