Not exactly work-for-hire but not a cowriter either

[shanegrla]

I have a song on which I wrote, produced and performed everything on the recording except the vocals, for which I have a friend who I brought in to do. I didn't pay her anything upfront because I can't afford it. However, she's not a cowriter either, so she wouldn't get any of the writing/publishing royalties either.

My idea was that, along with my trying to get film/tv placements, we would possibly pursue her trying to get a record deal, etc. with this and a few other songs (as a solo artist). Meanwhile, there were a couple listings for national commercials for which I submitted to. This song being as supremely fantastic as it is, I just know it's going to be chosen for one/both of those opportunites (ha ha ). All kidding aside, though, does anyone have any advice as to how I should treat this?

I'm certainly not trying to screw her out of anything. As I understand it, if I don't have a work-for-hire release, then I don't completely control the master. Yet I can't afford to pay her anything upfront. Is there a contract which would allow her to get her performance royalties and everything all legally while I still technically control the master? Or do the advertising/publishing folks get afraid of those sort of complications?

[Casey H]

You can still do a work for hire agreement. It can specify that in exchange for a nominal fee up front (even just $1.00) plus X% of future master/sync fees (e.g. up-front licensing fees) on the master recording, she performed and assigned all rights and ownership of the master recording to you.

The above is conceptual, not legal langauge as I am not a lawyer. The bottom line is nothing says a work for hire has to have any minimum up front fee. You absolutely should sign a work for hire with the vocalist so you can pitch for film/TV.

Performance royalties (e.g. ASCAP, BMI, etc) only go to the writer, not the performer. The terminology might be confusing there. Writers are paid for public peformances (e.g. broadcast) of their work.

Best,
Casey

[fret17]

Hi Shane...I've often read that unknown singers will agree to sing demos for nothing because they know that their vocals will be heard by the publisher or who ever you'd be sending the song to, and they may not like the song but want to know more about the singer....it's an easy chance to be heard without having to make the connections or the phone calls, or the costs of sending out solicited materials...but should you get a deal and a lot had to do with the vocals....I'd certainly wouldn't be forgetting that the vocalist had something to do with it and either pay her nicely or work out another type of deal that would be mutually agreeable....the key word in your question was "Friend"...do what friends do......Pro vocalists would probably want/sign a work for hire contract at an hourly rate...no matter what BS you try to give 'em...

[shanegrla]

Thanks, guys. I guess I'll have to figure it out with her just how we want to proceed from here.

[mojobone]

I get paid for sessions AND I've been known to do 'spec' deals for friends who are short on upfront cash. I can count on one finger the number of times I actually saw any money from a spec deal, but I've gotten literally dozens of paying gigs that way. Work for hire agreements are no problem, either way.

[guitarhacker]

Regardless of her friendship status with you, BEFORE you pitch the tune, get an agreement in writing. The details can be whatever you both agree to.

If the song gets cut you can specify a percentage of licensing up to a certain amount.... or leave it open ended. If her voice got it cut.... hey she deserves more than a session fee since she did it on spec.

I have done that with some instrumentalists as well. Not too many however.

Many libraries ask up front if you own ALL the rights or have signed agreements for the session players..... if not, they will not touch the song. Nothing is worse to them then having the song for a film/TV part and the "owners" are refusing to sign agreements after the fact cause they're fighting over share......

More than one "friendship" has hit the rocks over money.

Get the agreement.