Can anyone help me not get screwed? (need advice!)

[othevad]

Hey everyone.First off, as a disclaimer, I would like to state, that I know I will have to seek legal advice and help negotiating a contract. First however, I wanted to run this situation by some normal industry type people who might be able to give me some sound advice, so here goes.I just finished recording a full length album with a "friend". This "friend" is tied into some international markets and will be shopping the music through his publishing company. In the startup of this project it was stated that we co-wrote everything together and therefore the split of the publishing is 50%-50%.AS the next step, we would have a standard publishing contract with his company. As I understand it, in most cases, 50% of the rights are signed from the artist over to the publishing company.Therefore, as the artist we would sign half away and then we are left with this (Band=50% company =50%)Because I am one half of the band, that would leave me with 25%He also acted as producer while we were working on the album, so I offered to give him 2% of the total, or 2 points on the album. On top of everything else. This now takes the split down to...Company=50%Artist splits=24% each producer=2%This is what I have come up with, which I believe to be "standard" from what business classes I took as well as what I have read about these types of situations.here's where it gets weird.He is offering me 10% total royalty on the project.And he owns ALL of the publishing rights through the company.Basically, he gets paid and every 6 months, he says he will cit me a check through the company for 10% of the total sales/placements and royalties on the record.It's not just me, this is screwed up right?As far as I can tell, I am being more than kosher by even giving him (I offered) the 2 points on the album for producing, on top of the 25% to 75% split.Someone just affirm my actions that I am in the right here and I have a case to present to him (with a lawyer, I know =)Thanks!O

[hummingbird]

Wish I could help, this is where it gets mighty confusing for me. However, I will state -- this should have been figured out with the lawyers and put into writing before the project began. IMO. But it's a moot point now. Maybe someone else here can give you some sage advice.

[jeffe]

Remember that publishing rights are different from your copyright. Some publishers take 100% of publishing. Leaving you with 100% of your copyright royalties.Just make sure you are not signing away your copyright.

[sgs4u]

Quote:Remember that publishing rights are different from your copyright. Some publishers take 100% of publishing. Leaving you with 100% of your copyright royalties.Just make sure you are not signing away your copyright. This is more delicate, I think. When all the publishing is signed to a 3rd party(the company), that company then controls the copyright. When 100% of publishing is assigned, the writer no longer has control of, 1) where the music gets used, and 2) any payments from their use have to come to the writer thru the publishing company. Whoever collects the money first, is in the postition of having to inform the writers of what's happening witht the music. So more advice is definately advisable. Matto's your guy for this one. I think Jeff's statement means you are still entitled to you performance royalties from whatever PRO your signed to. But I could be wrong, this is a whole new world of stuff for me to learn as well. I'm no sage, but I'm very interested in how it all works out for you.steve

[matto]

Quote:Remember that publishing rights are different from your copyright. Some publishers take 100% of publishing. Leaving you with 100% of your copyright royalties.Just make sure you are not signing away your copyright.This statement is at best confusing...at worst wrong. The "copyright" (= right to copy) is usually transferred to or at least shared with the publisher. I think what you meant to say is "writer's royalties". Those you should always retain, and I think the OP is not considering those. I also think the OP is in general confused about the various types or royalties.The 10% royalty seems to me to be a mechanical artist royalty derived from the sale price of the album, and thus have nothing to do with the (mechanical and performance) writer's and (possibly) publisher's royalties he'd still be entitled to on top of that artist royalty.A experienceed music attorney is what he needs...matto

[jeffe]

Thanks Matto. That's what I was trying to say, but it all came out wrong.For publishers, writers, perfomers.I get the impression that the deal they are being offered covers revenue from publishing, but they really need to get that contract looked at, and get an entertainments lawyer to explain it in a simple way.

[sgs4u]

Quote:FIVE HUNDREDcongratulations, jeffenow where's johnny...

[jeffe]

Thanks for that rather large message steve

[othevad]

hey guys.Thanks for responding.The way it was explained to me from my "partner" is that I would receive 10% of everything, and that's it. If a song gets placed on a TV show lets say for $1000, I would receive $100 of the flat fee, and 10% of whatever royalties (if any) from broadcast of the show.The same goes for movies, CD sales, radio play ect ect... Anything.Thanks for the responses. If anyone else has anything to add, please let me know. The thing that I'm not sure if I had mentioned, is that he is also trying to charge about $20000 of recoupment to the project, which means that I won't see a dime until he makes his $20000 back.This as well as him trying to get me in an exclusivity clause so I couldn't perform with anyone else but this project for the next 2 years sends up some big red flags to me.Anyway. Any more ideas, send em my way. thanksO

[sgs4u]

Just remember, these are all necessary negotiations. Without prior experience(which hardly anyone has), you can't know what to expect. But you sure do need lawyer, that ought to be part of your recoupable expenses from the project as well. I edited my post because my input no longer seemed helpful. Sorry if I confused things more.good luck, keep us postedsteve