Work for hire

[bassman]

Hi there

I am looking for some suggestions.

I want to hire some vocalists for a project I am working on. They are not your run of the mill type session singer but more what I call 'character singers'. They bring their own unique sound and style to the table and are artists in their own right. Most of them have also had their own record deals and are pure class.

I am paying them but feel a bit weird about getting them to sign a work for hire agreement. Their contribution is really important to me and so don't want to disrespect them by sticking a piece of paper in front of them.

Any suggestions for the best way forward?

If they don't sign an agreement what sort of licence cut would be appropriate for them in case the track gets used on TV?

[Casey H]

Hi there

I am looking for some suggestions.

I want to hire some vocalists for a project I am working on. They are not your run of the mill type session singer but more what I call 'character singers'. They bring their own unique sound and style to the table and are artists in their own right. Most of them have also had their own record deals and are pure class.

I am paying them but feel a bit weird about getting them to sign a work for hire agreement. Their contribution is really important to me and so don't want to disrespect them by sticking a piece of paper in front of them.

Any suggestions for the best way forward?

If they don't sign an agreement what sort of licence cut would be appropriate for them in case the track gets used on TV?

Without signed WFH agreements from them you CAN NOT place the tracks in film/TV. Period, end of story... If they are pros, they will understand. Make sure you discuss this and show them the agreement UPFRONT.

Best of luck!
Casey

[bassman]

Now the problem is that in my part of the world ie. UK, most musicians work under union rules when it comes to commercial music.

But I get get it. No agreement, no placement.

[mazz]

If you are going to submit to US opportunities, you may need to abide by the laws in the US. But I don't know for sure so you might want to talk to your PRO, possibly the union and/or an attorney to get it sorted before you do the sessions.

This would be good to do so you know going forward where you stand. Other people from the UK are doing deals here in the US so this is not reinventing the wheel. Maybe you know some other composers that have done what you are planning on doing?

[bassman]

Thank you. Yes I agree, it's a good idea to get it flat once and for all.

My other composer friends have the same problem ie. they don't know and so they do nothing

I am gonna make a few inquiries and see what happens. Maybe it's a simple case of laying down the terms confidently as opposed to apologetic.

Best

[Casey H]

Now the problem is that in my part of the world ie. UK, most musicians work under union rules when it comes to commercial music.

But I get get it. No agreement, no placement.

Terminology and laws are different in countries other than the US. What we call "work for hire" might mean something else in the UK. What we're talking about is a musician's release whereby they acknowledge you have full ownership in the master recordings and they have no future claims to any payments or royalties.

It might be best to ask a music attorney there what the right terminology and type of form are so you don't inadvertently scare the folks away.

I know other non-US musicians have done this. As mazz mentioned, maybe one right here on this forum will chime in.

Best,
Casey

[bassman]

Thank you appreciate it.

Great advice all round.

[Kolstad]

I'm not a lawyer, but have found that it's perfectly viable to refer to US laws when working in Europe, like the US copyright act http://www.copyright.gov/title17/ (most stuff are in Chap. 1, including the WFH definitions).

Bear in mind that when you refer to US law, you only refer to the definitions as stated there (like in any science paper), and can still settle disputes locally in your country. As for union rules, that can be a problem for tv/film pitches, that's another reason a WFH agreement is important when dealing with the US licensing mrkt. You need to study the FAQ's carefully with the libraries you sign with.

As been mentioned, you cannot pitch music in the US without having a proper WFH agreement. You can, but you risk being sued the hell out of you, and excluded from doing business there. So if you don't do the WFH properly, you are taking big chances, and the people you work with are taking risks working with you. They won't if they find out.

For every musician who doesn't want to sign a WFH, there are 10 who will, so solicit their response and.. "next"! YOU HAVE to have it, period. It's about preparing for success, not for failure.

Also the Taxi FAQ on the business terms are very useful: http://www.taxi.com/transmitter/0908/mu ... g-101.html

You can find a very useful WFH contract template in Robin Fredericks book "Shortcuts to songwriting for Film/TV" on page 213: http://www.robinfrederick.com/ I suggest to start from there, and adapt your terms into it.

Once you've done that, it would be a good idea to have it looked over by a music attorney. Those can be hard to come by in Europe, so ask around, but you may look into this site if you're in the UK http://www.themusiciansguide.co.uk/music-contracts/

[michael11]

Why don’t you contact the MU,if they are union members they will know the score(no pun intended), you might try Equity as well.


Mick.

[bassman]

The MU agreement don't cover a complete buyout but almost. Around £140 minimum fee for 3 hours. The buyout only covers film and tv music but not theme tunes.

Think I've found a way forward though that will work for everyone.