Questions regarding work-for-hire contracts

[allen]

I am new to the forum and have several questions regarding Work-For-Hire contracts. I would appreciate any insight members have regarding any of the following questions.

1. What exactly are the music libraries expecting to see in these contracts? Are there differences amongst the music libraries in what they are looking for in these contracts?

2. If I record without knowing how the music might be be used in the future (personal release, music library, advertising etc..) are there specifics in the contract that I need to state that would cover a wide range of use?

3. Are there buyout types of contracts being used that release the musicians from any future revenue beyond their involvement as a recording artist on the day of the session? If so, this would answer question two.

4. Are there guidelines for providing a future income for musicians that I sign to record? If I have a placement in a music library and the song gets picked up for use, do I offer a certain percentage of the royalty up to so many dollars over a period of so many years? I guess the musicians union might be a source for answers reagrding this question.

5. Are there sources for obtaining work-for-hire contracts or do most taxi members hire a lawyer to write their contracts?

6. What kinds of questions do I need to ask to determine if I have found a lawyer expereinced in such matters? Should I seek out owners of recording studios around town for such advice?

Allen M.

[mazz]

"Are there buyout types of contracts being used that release the musicians from any future revenue beyond their involvement as a recording artist on the day of the session? If so, this would answer question two."

Actually this answers questions one and two. In my experience, libraries want a document that releases the studio players from any further participation in income from the music of yours that they played on. If you want to make a contract with the musicians to pay them further money on your own based on any royalties or payments you receive, the library will want to know that they are completely insulated from that agreement and the musicians will not come after them for any reason.

If you look at it from a library/publisher perspective: They need to be able to confidently market your music to their clients with no strings attached. The clients typically need stuff very quickly and can't wait for the library to make sure the piece is "clean". With so much music available, they don't have to, they just push the "next" button.

There are plenty of music business books out there that have contracts in them and there are even e-books and contracts for sale online that you can find. I know Modern Beats has a set of contracts for sale. Obviously it's the absolute best to have an attorney look stuff over. The work for hire agreement can be pretty simple, though. Just make sure the musicians sign it before the session. There's nothing worse than having to track someone down later.

This information is just from my experience and is not legal advice.

Cheers and good luck!

Mazz

[allen]

Thanks Mazz. I will look into the modern beats site.

Allen M.

[suzdoyle]

Hey Allen;

Welcome to the Forums. I highly recommend "The Musicians Guide Through the Legal Jungle" and "The Permission Seekers Guide through the Legal Jungle," both by Joy Butler. Very helpful, user friendly info on legal aspects of rights re: music/ composing/ publishing. Also has sample forms you can use/ adapt. Here's the link to her site:

http://www.guidethroughthelegaljungleblog.com/

Best regards,
Suz

[allen]

Hi Suz,

These look like great resources. Thanks for the suggested reading. There always seems to be more to learn. Having access to this forum and members like yourself and Mazz, I should be able to advance in my knowledge and understanding of the business side much quicker.

Allen M

[suzdoyle]

That's the coolest thing about the Taxi Forums -- we all get to teach and learn from one another. Everyone here is so generous with their knowledge. Welcome to the fun!

,
Suz