Using a 3rd party to produce. Is this acceptable?

[gavink]

I'm no good at recording although I do sketch and write my own instrumentals on my laptop I usually send them off to be produced. I also have paid for studio time and produced in local studios with help of the studio engineer. However the latter is actually more costly and time consuming for me.I've seen some posts saying that the music library would like 3 more instrumentals to audition. I only submit one at a time usually and I generally don't play on the final instrumental production that is submitted to the listing.Should I stay away from submitting to music libraries? can I use a 3rd party for production? I've already agreed with my producer in LA that he keeps master rights and I keep 100% copyright and publishing rights.Thanks.

[dynamicproducer]

Sounds good to have 3rd party as long as you have the rights you wanted before submerging and signing any contract.Dynamicproducer.com

[mazz]

I'm not an attorney, but I think you'll need the master rights to submit to libraries. What they license to shows are usually two things:1. The piece (the underlying composition)2. The recording (the master)You'll probably have to work this out with your producer, since a lot of placements don't pay any fees up front and it's all "back end" writer's and publisher's performance royalties. You'll already be splitting the royalties 50/50 with the library, since they will become the publisher.In my understanding, the producer owns a very important part of your music, which is the recording that you are submitting to libraries. He might want a piece of the "backend" action when you get placements. This is something you need to address.Again, this is not legal advice, just information I've learned along the way from books and more experienced composers.Mazz

[hummingbird]

I believe you need to own the master rights in order to submit to publishers/libraries for film/tv use. You definitely need work-for-hires/master releases from all who worked on the recording (musicians, singers, producer). So I would think, at the moment, that you cannot submit. JMHO.

[didger]

Plus if this producer is using studio musicians in LA, there's a chance they're union, which is a whole other ball of wax... or pandora's box or something. I don't have experience with this with library music and don't know if there's loopholes there, but with scores done for specific films, it's a big deal. I won't go into the confusing details as it may not apply, but it's just another potential pitfall to consider and to ask the producer and/or a legal professional about.

[gavink]

Thanks for the replies.My producer in LA does all the instruments. we worked out that he keeps master rights and I keep copyright and publishing rights.He's already done work for libraries etc. we can work out the details. I know he wants points on mechanical sales.

[mazz]

It's the master rights that you'll need his OK on if you're going to submit to libraries. As I stated previously, they will want there to be no strings attached to the music so you'll need some document from him assigning you the rights to license the masters on his behalf (which means you control the rights to the master, he still owns them).Libraries, publishers and music supervisors want music they can easily license, often in a big hurry. If you have to get permission from the producer for every one of your pieces every time someone wants to use it, that could be a deal killer because it slows things down.Check this out:http://www.premiumbeat.com/articles/roy ... rt3.phpYou want to be a "one stop shop".Good luck!Mazz

[gavink]

Thanks that sheds some light on it. I'm new to the biz.I guess the best thing to do it for me to let my producer deal with the publisher/libraries directly as he will be making some money on each deal. I think he won't have any problems with that although I will contact him and see for sure. he has lots of experience in licensing instrumentals. he writes for Disney and libraries etc. he mainly produces but gets a lot of Disney work.Thanks again for the info. Much appreciated.

[mazz]

It may be good for him to help with the promotion of your music because of his connections, but he'll have the same issue in reverse. He needs an agreement with you so that he can grant a synch license for your compositions, since you own the copyright. You really need to hammer something out with him so that the end user has no problems licensing both the piece and the master. If he provides an agreement, just make sure that you have an attorney look it over before you sign it. You've obviously invested some money in your music and you want to capitalize on it and make it as easy to license as possible.Get it all in writing before you go any further, IMO.Mazz

[gavink]

Aug 9, 2009, 6:56pm, mazz wrote:It may be good for him to help with the promotion of your music because of his connections, but he'll have the same issue in reverse. He needs an agreement with you so that he can grant a synch license for your compositions, since you own the copyright. You really need to hammer something out with him so that the end user has no problems licensing both the piece and the master. If he provides an agreement, just make sure that you have an attorney look it over before you sign it. You've obviously invested some money in your music and you want to capitalize on it and make it as easy to license as possible.Get it all in writing before you go any further, IMO.MazzThanks Mazz. I've just emailed him. I've been working with him for some years now. I really want to get some placements going and work out a system so I can speed up productions and submissions.