Contracts, paying hired studio singers/musicians

[James Steele]

Hey all. I'm going to a session in the near future and I'm hiring some backing singers for a particular song. I probably going to pay them cash just for their own piece of mind... so I'm thinking I'm going to need a receipt at least to write off the expense. They'll be making less than $600 so I doubt a W9 is necessary. However I am wondering:

1) Do I need some sort of contract that makes it clear that they are being hired for this one-time session and that no future monies, etc. are due.

2) If I want to get some video of them singing in the studio for some sort of "the making of the album" footage later, I should get a model release too I imagine.

3) Where could I obtain these sorts of contracts? Is there a good online source that's not too pricey?

[sdemott]

James-

Yes to both points.

Make sure they sign an agreement stating [a] what their role is in the recording, that they are acknowledging that they have been fairly compensated for their work and [c] have no rights to future monies generated by their contribution to the recording or any claim to writer or publishing rights because of their involvement in the recording.

And if you plan on releasing video of them you must get them to sign a release form.

As far as where to get them - I use an entertainment lawyer that I have built a relationship with. If you don't think that a long term relationship with a knowledgeable lawyer is necessary I know you will find contracts online if you Google.

Also, be careful about the whole union thing. If the musicians you hire are union you will have to pay into their retirement fund and the like. Failure to comply could mean that they come back at you later (when the song makes money) and sue for damages because they were not properly compensated...and therefore the contract is not valid. It's because of sticky points like these that I like to use a lawyer with experience. A little extra money up front is worth saving me future time & money.

[twistedtom]

Your first 2 questions tell me you know you need to protect your self. So the 3rd is the question you need answered, sedemott said most of it.
I some times hire models and have a contract on a word document or a PSD some where on a back up disk, the HD it was on crashed. I will look.
One thing I may suggest is to make sure every aspect is covered in the contact even ones you may not expect. Obviously your rights and theirs need to be spelled out clearly.

Yesterday and listened to the songs you had posted on your web site, I liked the guitar work in the 3rd one, me personally would have liked it better if you sang most of the talking parts, but that is just my preference. Pardon me for saying this but it reminded me of Edie Vanhalen. I like the total composition of the 2nd song.

[James Steele]

Your first 2 questions tell me you know you need to protect your self. So the 3rd is the question you need answered, sedemott said most of it.
I some times hire models and have a contract on a word document or a PSD some where on a back up disk, the HD it was on crashed. I will look.
One thing I may suggest is to make sure every aspect is covered in the contact even ones you may not expect. Obviously your rights and theirs need to be spelled out clearly.

Yesterday and listened to the songs you had posted on your web site, I liked the guitar work in the 3rd one, me personally would have liked it better if you sang most of the talking parts, but that is just my preference. Pardon me for saying this but it reminded me of Edie Vanhalen. I like the total composition of the 2nd song.

Yipes... rough mixes/drafts... I hate it when guys who KNOW what they're hearing listen... lol. The 3rd one is sort of a joke song and all the parts are scratch tracks... that's why the mix sucks. It's supposed to be more of a joke having to do wit Hawaii, hence the "pidjun English" as spoke in the Islands.

The second one also is a rough mix... needs refinement and was one of those things, perhaps because of simplicity, that wrote itself in about a half an hour or something.

First one I like, but I'm not happy with my vocals. I was feeling uptight about taking too much of a friend's time at his studio so I just let things go I wouldn't have... like the slight warble on the first word "Watch." Makes me crazy every time I hear it... definitely a resing as it's not my best work, but I had a reason I needed it done quickly at the time.

I can't wait to have some of the newer stuff up. I can't really post the tune Billy Sheehan played on because a) not finished yet... will be in a couple of weeks, but b) it's not written by me but a cover of a 70s tune that's a gem in my mind and hasn't been covered, so I'm not hip on the idea of letting it out there until the CD is ready to go, as I envision it being one of the songs that helps carry the rest of the disc.

[twistedtom]

You have Billy Sheehan on one of your songs. He is a hell of a bass player, I think he is touring on his own now. I know I have some albums around he played on, and I even have a Mr. big record.
I will be waiting for some new mixes.
ps I do have one Dean.

[KarlSutton]

sort of related but slightly not, in today's paper;

http://www.tennessean.com/apps/pbcs.dll ... /701070382

[Phil O]

3) Where could I obtain these sorts of contracts? Is there a good online source that's not too pricey?

Hey James. Sound's like you're having some fun.

This is not a recommendation. Just a place to check out. A songwriter friend of mine gets his contracts here:

www.musiccontracts.com

I haven't checked it out yet, but it might be worth a visit. I don't know what the price structure is.

Phil

[James Steele]

Hey thanks Phil... I ended up getting it from there I think. Actually I paid for two different ones by different sites. One had a "Work For Hire Agreement" and the other had a "Side Artist Agreemement" in different flavors if there were royalties/publishing percentages involved. I downloaded the first one the Work for Hire" agreement and was underwhelmed. It was only one page and was not very thorough... especially after I reviewed the "Side Artist Agreement" that was three pages and attempted to protect me from very real possibilities that the first one did not even address. It was not unfair to the musician/singer, but just covered all the bases making it clear in essence: "We agree that you're playing/singing for X dollars and that's all you get-- ever."

The musician part of me hates having to stick a contract under a singer's nose at the beginning of a session because like most of us here, my word is my bond, and I have some ethics, but it seems you have to cover yourself these days.

[Phil O]

The musician part of me hates having to stick a contract under a singer's nose at the beginning of a session because like most of us here, my word is my bond, and I have some ethics, but it seems you have to cover yourself these days.

Yeah, I sometimes long for the good'l days, when a handshake meant something.

Phil

[David Polich]

Oh man, does this thread strike home.

With my true long-time musicians friends, I never have anything drawn up, as we all trade time on each other's tracks anyway. But I did have a situation last year with my band's second singer (I kicked her out of the band) She went on to use one of our songs with her vocals on it for a movie she's doing (she's an independent film-maker). My attorney told me that since there was no payment agreement, under the SR copyright laws she could do anything she wanted with tracks she recorded.

With me my word is my bond and I've played keys on a lot of various projects that I agreed to do as a favor. I hate bringing up contracts first thing, it's like asking for a pre-nup on a first date, but I guess that's reality.
It's a good m.o. to follow with musicians you hire. I'd go further and say it's something to strongly consider when you're working on any music with anyone you don't really know well.

[Phil O]

With me my word is my bond and I've played keys on a lot of various projects that I agreed to do as a favor. I hate bringing up contracts first thing, it's like asking for a pre-nup on a first date, but I guess that's reality.

I hear you man, loud and clear. When I give someone my word, that's it. Ethics is something I take very seriously. I guess that's why I get so upset when I see someone get screwed over.

Phil

[Timeline]

I know you got your game plan already James but here are some of my thoughts for others doing scab stuff. At least here in LA.

BG's horns sections and strings are generic and usually doubled anyway so not much charactor for them to claim rights on. Solo and lead things with stylistic stuff like sax and some guitar stuff might require the big R form.

I would give em checks with a footnote; "for vocal(or)whatever services" plus name of tune. The standard release is a pretty good idea too. Don't pay em till end of session with a sig on the release before you hand over the check. They all understand this ••••, don't worry. Checks work fine BTW

I've never gotten a complaint about sigs except the string players. With string players off the union clock, they want cash because of the risk of union crashers. They don't want their name on anything. If your at a house studio even better for everyone and they will be relaxed about it and likely play in tune for you.

[toodamnhip]

Hey all. I'm going to a session in the near future and I'm hiring some backing singers for a particular song. I probably going to pay them cash just for their own piece of mind... so I'm thinking I'm going to need a receipt at least to write off the expense. They'll be making less than $600 so I doubt a W9 is necessary. However I am wondering:

1) Do I need some sort of contract that makes it clear that they are being hired for this one-time session and that no future monies, etc. are due.

2) If I want to get some video of them singing in the studio for some sort of "the making of the album" footage later, I should get a model release too I imagine.

3) Where could I obtain these sorts of contracts? Is there a good online source that's not too pricey?

If you havent found a voc release, I can fax you one

[James Steele]

If you havent found a voc release, I can fax you one

Thanks, man. I found a pretty good one on line. I fixed it up a little bit and even corrected a few errors, (What do you want for $19.95?), but I'm happy that it's adequate protection in the future.

[HCMarkus]

Here's one:

***********************************
Acknowledgement of Work-for-Hire Status
***********************************

Whereas, ________________________________(hereafter referred to as ••œPerformer••