How to pay the band: fixed rate or performance royalty?

[swhit]

Is there anyone out there using a band to help record the material
being submitted to Taxi?

If so how are you working out the payments?

Are you giving them a fixed rate like 10% of the listing if it's successful?

Just curious because it would be nice to get a live feel in my songs
by getting the band I'm in currently playing in to pitch in.

Just wondering how I should approach this

[mazz]

No matter what you do, get it in writing first!!

The cleanest way is to pay them and have them sign a "work for hire" document that releases them from any participation in the back end. Of course, this is the most expensive way.

The next easiest is to make them all co-writers. They don't have to get an equal share, but you all have to agree on the percentage. Then you sign a co-writer agreement that gives you full control over the songs and the masters. You need this control so that any client you submit to only deals with you and you don't have to track down each and every writer any time you ink a deal. They should be very limited in their ability to pitch the songs by checking with you first so it only goes once to an opportunity. You don't want it showing up on the same clients' desk multiple times from different people! Then the song gets registered with each writers' PRO (they all belong to one, right?) and the back end is split by the PRO.

Also on the above, you need to decide how to split any up-front fees.

On that note, you could cut them in for a percentage of the front and back end and you handle all of the payments once you receive the money. It's similar to the above except you handle paying everyone. Do you really want to manage this? You'll have to do it no matter what on the front end if you do a percentage deal but you won't have to do it on the back end if you make them co-writers.

Another way to go would be to pay them a small amount so you can get a work for hire and then give them a cut of any front end but no back end.

It can get messy real quick so make sure that you have everyone sign anything before you get in the studio. Without clear agreements, most clients won't want to do business with you or will make you sign documents that make you solely responsible if anyone comes after them.

Good luck!!

Mazz

PS: I did a jazz project early 2012 with one of my friends from Taxi (crs7string). We paid the players and had them sign a work for hire. We control 100% of the pieces, with no further participation from the players above and beyond the session fees. Clean. Done.

[swhit]

Thank you so much Mazz that is great advice.