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Collaboration contract advice needed
Posted: Tue Jul 29, 2008 12:35 am
by seasiderecording
I have been collaboration with songwriters and I would like advice on a contract to share earnings from either the songs or music sales. I usually prodice all music, playing most guitar, bass, and keyboard parts myself.
This is my basic framework.
My client pays a set fee or hourly rate for me to create the song. The client basically handles all expenses. I own a percentage of the creation and profits that come from sales, something between 10 and 20 %. I sometimes offer that payments to me don't begin until initial production costs are recovered by my client. Any sale or use of instrumental tracks is split 50/50. I would appreciate any comments or example contracts on this. Thanks in advance.
Re: Collaboration contract advice needed
Posted: Sat Aug 02, 2008 10:02 pm
by MIDI Life Crisis
If you are arranging, I would charge a flat fee at a higher rate. If you are composing, you are entitled to a percentage split equally among other collaborators.
Join ASCAP or BMI and they can provide collaborative info. You might also find stuff on their sites, or do a Google search for the terms (collab; agreement; percentage, etc.)
If you are a member of the Musician's Union and are working under a union agreement (which I suspect you are not) there are specific union contracts that might apply as arranger and performer.
Finally, while you may enter into an agreement, it might not be valid if the song hits and an agent or manager challenges you on it. It would be worth your time to have a intellectual property lawyer look at your agreement boilerplate. You only need to do that once.
Thanks
Posted: Sun Aug 03, 2008 2:04 am
by seasiderecording
Thanks for your comments
Re: Collaboration contract advice needed
Posted: Wed Oct 08, 2008 9:21 am
by NashvilleJoe
seasiderecording wrote:I have been collaboration with songwriters and I would like advice on a contract to share earnings from either the songs or music sales. I usually prodice all music, playing most guitar, bass, and keyboard parts myself.
This is my basic framework.
My client pays a set fee or hourly rate for me to create the song. The client basically handles all expenses. I own a percentage of the creation and profits that come from sales, something between 10 and 20 %. I sometimes offer that payments to me don't begin until initial production costs are recovered by my client. Any sale or use of instrumental tracks is split 50/50. I would appreciate any comments or example contracts on this. Thanks in advance.
with the artists i work with- i actually will take a pub split in addition to a fee for production-(artist covers players) the fee is reduced for cash flow purposes with production buyouts on the back end- say $5K/track. If an artist can afford a $1500/song fee- than the balance is $3500 payable prior to release on major(i maintain ownership of masters)- its simpler than a production agreement- easily fundable and frees the artist to continue working with me or to move on to other producers once they are signed (most labels like to have input with respect to production- and do not want to deal with artist encumbered by production contracts). the added bene is that in the event the the project never see major distribution- you build a library of masters which can be reworked for new artists which provides additional security as you can regenerate cash flow.