Exclusivity, Upfront fees, Producer Points & more

[bigbluebarry]

Anyone have any experience in dealing with an artist that had a management/production deal with an established producer (but does not have a record deal) that wanted to use one of your songs for their EP that they then shopped to labels? Not any artist in specific, but just this situation in general.I don't want to get into specifics via the public forums but the heart of the situation is that they're asking us what our expectations are from them in regards to the song, ie. exclusivity, producer points for us if they get picked up, and upfront fees to "lock down" the song for them so that no other artist can record it (there is possible interest from another party regarding the song, but nothing at the level that this initial artist is at, as of this moment).I have some general ideas of what to be asking for, but I'm more afraid of the questions that I don't know to ask. The leader of the band is also a very experienced music attorney so we know we're at a bit of disadvantage right now in that area (though we don't feel as if they are trying to take advantage of us, not at all).If anyone has any experience in these situations that you don't mind talking about, send me a PM.thanks,-Big Blue

[mazz]

I have no experience with this kind of thing but I have some advice:You need a very experienced music attorney on your side as well.

[devin]

Good luck Blue...may you resolve the issue quickly (to everyone's benefit), and get back to the faders!

[simonparker]

First, congratulations! This is great news for you and I wish you the best.However, I'd recommend talking to an entertainment attorney with experience. The last thing you want to do is enter into something that you don't understand.If you don't have the finances for a lawyer, there's a good book by Moses Avalon called "Confessions of a Record Producer" which will discuss the points, use of songs, right of first use, etc. You can get an idea of the "industry standard" (there's no industry standard - there's just an idea of how it is).I've worked several production deals in my time, so if you have some general questions, you can send it my way, but I'll give you my answer to all of them right here - GO TALK TO AN ATTORNEY WITH EXPERIENCE ON THIS MATTER.

[mojobone]

They want a hold on your song, you get some non-refundable money upfront, in an amount no larger than what you perceive to be enough to keep 'em honest; you're giving up something, so should they. (it's called earnest money) Producer points on the recording should be few enough to avoid running off a deal. How many points would depend whether the prospective deal is major or indie, though I suspect the gap between the two is narrowing in the current climate. (if you mean the producer wants some of your publishing, that's up to you, and will depend on your confidence in the producer and your estimation of just how big a bat he can swing) These are just general negotiation guidelines; how I'd look at it if I were in your shoes. Odds are that you're unlikely to see the back end, so there's no point in asking for the moon, just make sure you have participation in all the appropriate income streams. I know the above is pretty general, does it help put it in perspective?

[bigbluebarry]

Thanks for the advice everyone. And yes Mojo, that does help. Just seeing some of the same info being typed up by someone else has been a help too. Kind of like getting a fresh set of ears to listen to a mix. We've got an old co-worker from our last job that's an entertainment attorney and I now have his contact info. His rates seemed affordable as attorneys go. I believe we'll be meeting with him very soon.Thanks again everyone. I'll be sure to keep you all updated as this continues because hopefully, this is gonna end up being one of my, if not the, first deals as a direct result from a TAXI forward.- Big Blue