THE OWNERS Contracts & Stuff

[BLISS]

I will try to explain this in matters of both parties, so you can see both sides.

I myself am a Producer,Engineer,Writer,Artist, I recently moved from NYC to S.C. were I answered a ad for Producer,Writer by an ENTERTAINMENT CO.

They consisted of a (2 fellas) both Producers/(1)Artist/Pres. of their company.
There initial idea was to sign me to their ENTERTAINMENT CO, but I started my own LABEL/ENT/Publishing/business license etc.

So I did a song, wrote the hook, 2 verses and provided a mix and mastered product, featuring the artist of the OTHER ENTERTAINMENT CO, his ENTERTAINMENT Co decides the songs needs a STAR act to be featured on the HOOK/CHORUS, so they get intouch with a featured artist from ROC-A-FELLA REC, they pay him $1500 to sing on the HOOK/CHORUS that I wrote, no problem.

Well then they shoot me a contract stipulating they OWN the song since they will be footing the FINANCIAL end: promoting it, distributing it, and MP3ing to local D.J.'s. Yet I will recieve a FIFTY/FIFTY split for PUBLISHING/ROYALTIES and PRODUCTION CREDIT. But I am NOT allowed to change my VERSE (but they can if there artist's verse isnt felt by the folks) they have RIGHT/MERIT to do what they will with the song because it will be underneath THEIR ENTERTAINMENT CO/Label and they are footing the financial bill, Yet I must remix the project if they are not satisfied with their ARTIST's verse--for free.

I havent signed any CONTRACTS, but to anyone else does this NOT sound CORRECT?, somehow I cant make these two guys understand you cannot OWN something you did NOT CREATE, regardless that you foot the financial end.

The Copyright is in my name, so how do they OWN what they didnt copyright. To top it off they are BOTH producers, but there problem is (1) cant get his mix right on FruityLoops (2) the other, since he is negotiating and contacting folks he cannot participate----so I am left to do the MUSIC, yet I AM NOT SIGNED UNDERNEATH THERE COMPANY, I am under my OWN, so isnt that a JOINT effort, or wouldnt that mean I LICENSE the right for them to USE the works.

I know it's long to read, but please let me know I am making sense in MY OWN HEAD.

There are other small things to mention but I think this is the jist of it to explain.

[Jim]

You can assign copyright. Search the US copyright site for "works for hire."

If you haven't signed anything, or taken money from them, I can't see any way that you've revoked or transferred your ownership. Accepting money without a contract can be construed as a contract.

Their deal looks fairly standard though, from what I've read and heard.

However...

If you haven't signed anything, they can't legally do anything with the production they've done on your song. You hold the cards. Now you can deal from strength. They've invested money in the project without proper clearances. You may be able to negotiate a more favorable deal than they proposed on their contract. They need you to sign before they can recover their investment. So, they're more likely to be flexible, unless they can afford to ditch all the work they've done.

This is advice from a non-attorney, and should be considered in that regard. Perhaps it's time you consulted one.

[wonder]

no disrespect to ANYONE on here, but you need to go get a lawyer and not take legal advice from 15-80yr olds on a forum.

i know we all "know" what we're talking about but you'd better be sure so you dont lose gallons of money

[m2]

Yeah I second gettting an entertainment lawyer. Realize that most often when folks ask you to write something they generally own the publishing but not always the writer's portion of the available royalty. For free you can go to the library of congress site [don't have it off hand] and check all that out. Also, If you are not already, I would recommend becoming a member of BMI or ASCAP. They will have lots of info on this subject at thee site for members.

Good luck with your music.

[newrigel]

Always copy-write your material period! If you conceived it, composed it, you are the AUTHOR! If they want to write lyrics to your song they have to pay you! This is not difficult. ALWAYS copy-write your conceptualizations of intellectual works... ALWAYS! Tell them that you want exclusive rights to authorship and that for A/R and distribution you will give them a set % on what they move... that way you'll see if they are just riding your coat tails or what. You know, this is why I hate the music (business) so much because the business puts the artist last, and without us they have NOTHING!

[dougieb]

That's what dangling producers and artists off balconies is for