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

[Casey H]

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.(I started writing this before I saw Matto's post but got distracted)Hi JeffeJust to clarify terminology which may be confusing, performance royalties are dividing in 2 categories, usually 50/50: Songwriter's Share and Publisher's Share. Every dollar of the royalty is split that way between songwriter and publisher. If you give 100% of your publishing to a publisher, they collect 100% of the publisher's share (50% of total) and you are entitled to 100% of the songwriter's share (50% of total).That being said, when you sign a publishing contract for 100% publishing, you do agree to transfer your copyright to the publisher and at that point they own it forever unless a reversion clause kicks in. The publisher administers all things related to the song and collects most fees such as film/TV licensing, mechanical royalties, sheet music, etc. and pays you your share as per the contract. The one exception is the songwriter's share of performance royalties. You should be able to be paid those directly from your PRO such as ASCAP, BMI, SESAC, PRS, etc. Casey

[Casey H]

Quote: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. thanksOWow, this is a real mess. There is no way of knowing who verbally agreed to what when the project started. It sounds like overall you thought it was 50/50 and he sees it as 10/90 and you get your 10 only after recouping $20,000 which is LOT of revenue.You already said you know you need to talk with an entertainment attorney. Does your "friend" know you don't agree here? As you know, once the lawyers get involved you certainly won't be "friends" of any kind any more. You could: (1) Consult with attorney and possibly have the attorney send him a strongly worded letter (not inexpensive)... -or- (2) tell your "friend you disagree with the split and ask him if he would submit to independent arbitration before it got much uglier and expensive for both of you. There are folks who specialize in arbitration and a lawyer might be able to recommend this.In either case, at least have a brief consultation to see what to do next.Good luck! Casey

[horacejesse]

Othevad, How did you become partners with a snake? You had better check to see if your name is even on the copyrights. He is coming up with these new conditions after the fact.If your name is on the copyrights, isn't it true he cannot use the material without your permission? I have a thinking you have more power than you believe. You can always threaten to kill the entire project unless he consents to your conditions. You can fight anything that was not written down beforehand. He should be paying at least half of that $20,000.If he did not help write the songs there is no way you should ever have agreed to give him half. That has weakened your position considerably I believe. What will you do if they need recorded again down the road, pay the new guy half of what remains?

[jeffe]

Publishers can claim costs but it's normally linked to the percentages. So if the entire cost of the production cost $200,000. Then 10% of that would be $20,000.You shouldn't have to be responsible for more than your share which you stated as 10%. Any good publisher normally expects to swallow their percentage of the production costs, and some will bear all the cost.$200,000!!!!!!That's an expensive album!Find out what the overall production costs are.Normally, film and tv usage are through a 'synchronization licence'. There are different types of those too. The publisher would normally negotiate and deal with those.Spend a little money on a book called "All you need to know about the music business".Look for it on Amazon. It's got a lot of useful information you need to know. It's regularly revised so it should be quite current.

[Casey H]

Quote:Publishers can claim costs but it's normally linked to the percentages. So if the entire cost of the production cost $200,000. Then 10% of that would be $20,000.You shouldn't have to be responsible for more than your share which you stated as 10%. Any good publisher normally expects to swallow their percentage of the production costs, and some will bear all the cost.$200,000!!!!!!That's an expensive album!Find out what the overall production costs are.Normally, film and tv usage are through a 'synchronization licence'. There are different types of those too. The publisher would normally negotiate and deal with those.Spend a little money on a book called "All you need to know about the music business".Look for it on Amazon. It's got a lot of useful information you need to know. It's regularly revised so it should be quite current.If I read this right, the "friend" was not the publisher in the sense that othevad did not have songs already done and then sign a publishing contract. It sounds more like two friends worked together on a verbal that they would split the resulting money. (Correct me if I am wrong).In general, publishers DO NOT get involved with production costs at all. A label might sign an act, finance their CD, and then claim production costs off the top of any money made, but not a pure publisher. The label might expect 50% or all of the publishing as part of the overall deal. It sounds like the "friend" believes he was hired to produce the album and it cost him $20,000. The use of 10% (and hence that $200,000 figure) may not apply here at all.Regarding copyright, I have a feeling that no joint copyrights were filed? It's better if they were but all that means is that if othevad spends a lot of money on a lawsuit, he has very good ammunition. Being right is good but it can cost a fortune to have something settled.Othevad: Please let us know what the attorney says when you tell him/her about the situation.

[othevad]

Okhang on a sec.Actually, not $20000 that I have to pay back out of my share.After $20000 is made IN TOTAL, I will begin to receive payment.The problem also is that everything was recorded in a home studio. Hours weren't logged, I get the feeling that he was throwing out the number of money he may of think that he missed out on by turning down work for a few months that we were sporadically working on the album. Hurowitz was correct in that we were 2 friends that started a project together. That's why everything was on a nod and a handshake. He actually played drums in my band as a replacement for the original drummer for 6 months before that project was terminated.At this point in time, I just acquired some pretty powerful legal representation just to help me sort through the details. Hopefully everything will work out.Thanks guys. you are all great for responding and getting involved.O

[mazz]

Quote:.At this point in time, I just acquired some pretty powerful legal representation just to help me sort through the details. Hopefully everything will work out.OThis is the best thing you could have done. Next time I'm positive you'll do this before you boot up your DAW and tune your axe and invite your friend over for a session! Good luck,Mazz