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Old 16th December 2004, 08:55 PM   #4
wwittman
Lives for gear
 
Join Date: Jan 2004
Location: New York
Posts: 1,598
Generally the artist deal gives you X number of points (percent of retail usually, sometimes wholesale, notably Sony)... OUT OF this number, the artist is responsible to pay the producer.
Typically, the artist will "direct" the record company to pay the producer and account to him, directly.... but that's bookkeeping... the money comes out of the artist's points.

If you are the artists you don't need to pay yourself separately as the producer.

you MIGHT have a lawyer make the case that as the producer as well, you should be paid THOSE points sooner... that is, after recording costs are recouped but perhaps before other artists related expenses are recouped.
But i suspect that's a tough sell.

you're right that, after recoupment of recording costs, most producer deals then pay retroactively to record one, as the phrase goes, not just from that point forward.

Mutliple producers have to split the producer points and they would be pro-rated per track.
Naturally, If I were to come in and produce the only hit single on your 12 track album, i would make the case that i am entitled to perhaps a 1 point override or some sort of royalty on the WHOLE album in addition to my 3-4 on the single track.. because my efforts contribute to the sale of the overall product disporportionately.
If you are the artist and you and I are going to co-produce YOUR record, I am probably going to ask for my full producer royalty or at least the larger share of the split, knowing that you are making your money elsewhere in the deal.

It's also not unusual to have in the contract a bump in royalties for the producer after a certain sales level is attined.
So perhaps 3% of sales until 500,000 units is reached at which point the rate increases to 3.5% on sales over that number and perhaps again to 4% at a million.(not retroactively)


EVERYTHING is a negotiation.

but i'm not an attorney... i have sex.

hope this helps
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William Wittman
Producer/Engineer
(Cyndi Lauper, Joan Osborne, The Fixx, The Outfield...)
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