Work For Hire Question

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DBarnett
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Work For Hire Question

Post by DBarnett » Thu Feb 11, 2021 2:46 pm

Howdy!
Can I submit a song to a library that has a contributing musician but no WFH from that musician?
A WFH has been requested but no response
Thanks

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Re: Work For Hire Question

Post by eeoo » Thu Feb 11, 2021 3:29 pm

Their worksheet will likely ask if there are other musicians on the recording and if so do you have WFH agreements with them. You either need WFH agreements or they'll need to be co-writers. That's my experience at least.

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Re: Work For Hire Question

Post by DBarnett » Thu Feb 11, 2021 4:35 pm

eeoo wrote:
Thu Feb 11, 2021 3:29 pm
Their worksheet will likely ask if there are other musicians on the recording and if so do you have WFH agreements with them. You either need WFH agreements or they'll need to be co-writers. That's my experience at least.
Right, I have someone who was paid for his work but has not returned the WFH, not cool

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Re: Work For Hire Question

Post by SeanieRanz » Fri Feb 26, 2021 11:22 am

I also have the same question. I have several songs with features. Luckily for me, most of my features come from Fiverr.com which grants all rights over to the buyer once payment is confirmed unless stated otherwise in seller's gig description. Therefore, it is a work for hire but I do have some features without any written agreement

Hopefully this isn't a stumbling block for me

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Re: Work For Hire Question

Post by funsongs » Fri Feb 26, 2021 11:42 am

SeanieRanz wrote:
Fri Feb 26, 2021 11:22 am
I also have the same question. I have several songs with features. Luckily for me, most of my features come from Fiverr.com which grants all rights over to the buyer once payment is confirmed unless stated otherwise in seller's gig description. Therefore, it is a work for hire but I do have some features without any written agreement

Hopefully this isn't a stumbling block for me
Yeah - seems there needs to be some provision when it is not possible to get one (or more) of the releases - due to death, lost contact, lack of response, etc.
It doesn't seem right or fair to let one party - for whatever reason - stagnate an entire project. Having proof-of-payment to the party - now unavailable -
ought to suffice.
I rely heavily on hired 'professionals', so this is an ongoing concern; as I imagine it is for many who have, and want to submit, older masters from their work catalogue.

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Your mileage may vary.
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Re: Work For Hire Question

Post by eeoo » Fri Feb 26, 2021 2:34 pm

funsongs wrote:
Fri Feb 26, 2021 11:42 am
SeanieRanz wrote:
Fri Feb 26, 2021 11:22 am
I also have the same question. I have several songs with features. Luckily for me, most of my features come from Fiverr.com which grants all rights over to the buyer once payment is confirmed unless stated otherwise in seller's gig description. Therefore, it is a work for hire but I do have some features without any written agreement

Hopefully this isn't a stumbling block for me
Yeah - seems there needs to be some provision when it is not possible to get one (or more) of the releases - due to death, lost contact, lack of response, etc.
It doesn't seem right or fair to let one party - for whatever reason - stagnate an entire project. Having proof-of-payment to the party - now unavailable -
ought to suffice.
I rely heavily on hired 'professionals', so this is an ongoing concern; as I imagine it is for many who have, and want to submit, older masters from their work catalogue.

2 cents from The Peanut Gallery.
Your mileage may vary.
Yeah it can be a bummer but from a publisher's point of view it's not their problem and they will find what they need elsewhere because why would they take that risk? That's what the term "one stop" is all about. If you're planning on submitting to publishers, always get wfh agreements signed, preferably before the work gets done. As always, this is my experience fwiw...

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Re: Work For Hire Question

Post by funsongs » Fri Feb 26, 2021 4:17 pm

eeoo wrote:
Fri Feb 26, 2021 2:34 pm
...always get wfh agreements signed, preferably before the work gets done. As always, this is my experience fwiw...
Well... yeah... OR: BEFORE PAYING THEM!... can you say 'incentive'? :? :P
I will certainly do that the next time.
Even an old guy can learn sumpthin gnu.
Thanks, Ethan.
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https://peterrahill.bandcamp.com/

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Re: Work For Hire Question

Post by DBarnett » Fri Feb 26, 2021 4:30 pm

Thanks everyone, this has been helpful and hope it helps someone else :D

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Re: Work For Hire Question

Post by SeanieRanz » Mon Mar 01, 2021 11:55 am

eeoo wrote:
Fri Feb 26, 2021 2:34 pm
funsongs wrote:
Fri Feb 26, 2021 11:42 am
SeanieRanz wrote:
Fri Feb 26, 2021 11:22 am
I also have the same question. I have several songs with features. Luckily for me, most of my features come from Fiverr.com which grants all rights over to the buyer once payment is confirmed unless stated otherwise in seller's gig description. Therefore, it is a work for hire but I do have some features without any written agreement

Hopefully this isn't a stumbling block for me
Yeah - seems there needs to be some provision when it is not possible to get one (or more) of the releases - due to death, lost contact, lack of response, etc.
It doesn't seem right or fair to let one party - for whatever reason - stagnate an entire project. Having proof-of-payment to the party - now unavailable -
ought to suffice.
I rely heavily on hired 'professionals', so this is an ongoing concern; as I imagine it is for many who have, and want to submit, older masters from their work catalogue.

2 cents from The Peanut Gallery.
Your mileage may vary.
Yeah it can be a bummer but from a publisher's point of view it's not their problem and they will find what they need elsewhere because why would they take that risk? That's what the term "one stop" is all about. If you're planning on submitting to publishers, always get wfh agreements signed, preferably before the work gets done. As always, this is my experience fwiw...
What if it's not a work for hire collaboration and the artists you worked with want to be compensated for the work? Does that complicate things for the libraries? I'm currently working on having the various artists I've worked with sign paperwork saying they own a % of the song with their PRO info in hopes that will make it easier for the publisher

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Re: Work For Hire Question

Post by AlanHall » Mon Mar 01, 2021 12:29 pm

Take this from a "not expert";

what I've heard/read is that any contributor not signing a WFH agreement must have a PRO, so that splits can be assigned. Additionally, it's easier on the libs if the co-writers have also signed a document allowing you to negotiate licensing the works on their behalf. I'm not sure what legal items need be checked off on a doc like that.

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