How "official" does a contract need to be when purchasing beats?

Neruk · 13th April 2007

I was wondering how official a contract needs to be when purchasing non-exclusive rights to a beat.

Is it good enough if the person im buying the beats from simply sends me an email with the beat names and the agreement attached?

His email says this:
Leasing rights allow you to use the beat for ONE commercial recording or broadcast. You will receive an MP3 file of the beat, a copy of the raw WAV file and the separate parts of the beat as individual wav files. The song file can be delivered digitally or through the mail on a CD. You may also use the beat for non-profit promotional use or demos. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat).

Is something like this with the names of the beats official enough? Im going to want to get my CD pressed when its done and i dont want trouble when it comes time to show proof of rights. I will probably have him send me something more official, but he is from Finland, so in the meantime I would like SOMETHING to show i have non-exclusive rights.

Also, with non-exclusive rights, can I sell like 100,000 albums and play these songs on the radio (for example) ? What if a lable loves my stuff and wants to distribute my album but a few of the beats i only own non-exclusive the rights?

Sorry thats a lot of questions, Thanks in advance! - neruk

bknot1 · 13th April 2007

it would be better to have a written agreement signed by you and the producer/beatmaker..

but here is where you are goin to have a problem...
its a non-exclusive track (i only license exclusive) and he can sell/license out the track to anyone he wants..cause 1. he still own the right to the beat 2. he made it a non-exclusive lease ..

also, more then likely he has a cap on how many units you can sell with the use of the beat say 2,000 -5,000 units sales and he will want you to sign another contract/agreement for use of the beat to sell more unit with him getting royalties form the unit sales...

I know when i license track to artist i always talk out the details and put them in a written agreement so it wont be any misunderstanding on use and owernship of the beats being purchased..

hope this help..

Neruk · 13th April 2007

I dont think he is going to put a cap on how many i can sell. He told me to write up the contract and he would sign it.

That being said, with no cap limit, could i ever take my product to the majors? My album is mostly exclusives except the possible use of these few leases.

My only issue is, when somebody buys beats like this, how can i PROVE that the beats im putting on the album are actually the beats i have the rights to.

For example: I lease a beat from a wack local guy. But I use a dope beat from another local guy instead, but when i submit my cd for pressing i send the contract from wack dude, but the hot beat from the 2nd guy.

Obviously its illegal, but how do places that press albums and check for legal rights actually KNOW that contract A is for Beat A??

bknot1 · 13th April 2007

Quote:

Originally Posted by Neruk

I dont think he is going to put a cap on how many i can sell. He told me to write up the contract and he would sign it.

That being said, with no cap limit, could i ever take my product to the majors? My album is mostly exclusives except the possible use of these few leases.

you can take your product anywhere as long as your giving the right information when asked who produced the music, unless you were sold the beat outright

Quote:

My only issue is, when somebody buys beats like this, how can i PROVE that the beats im putting on the album are actually the beats i have the rights to.

For example: I lease a beat from a wack local guy. But I use a dope beat from another local guy instead, but when i submit my cd for pressing i send the contract from wack dude, but the hot beat from the 2nd guy.

each agreement you sign with the producer should have the title of the beats and/or the name of the song you will be calling it, that should fix any problem like that...and also it should have the terms of agreement (ie..the right you have to use the beat and any royalties)

Quote:

Obviously its illegal, but how do places that press albums and check for legal rights actually KNOW that contract A is for Beat A??

i think all the care about is that you have all the paperwork for the tracks (signed)..its not like they are goin to call the person to see if you have the rights to use their music.. (i never pressed any Cd..so not sure on this..)

Apex · 13th April 2007

I would say as official as the money thats changing hands.

bknot1 · 9th May 2007

So Neruk..any updates on this..?

Neruk · 9th May 2007

Yes. I went ahead and leased 5 beats from this guy. He sent me the mp3's and is going to send me the beats tracked out as waves. He is also going to print out and sign the agreement that I'm going to write up. He isn't putting a cap on how many i can sell just that i can use it for only ONE commercial release.

That being said, can you think of anything important i should have the contract say? Can it just be short and sweet and RIGHT to the point?

Note: The guy i leased these from actual lives in Finland. (I also had another post at the same time asking about buying beats from other countries)

bknot1 · 9th May 2007

as far as i know..if the release is goin to be in the states it will be a agreement/contract based in the states... here is a link to all the copyright offices over the world.. Directory of Intellectual Property Offices it might help a little..

as for what to include in the contract...everything that you both agree to in your talks....ie..how long is the agreement (6months, 18 months..etc,..) is it exclusive (you will be the only user of the beats) or non-exclusive (he can license to whoever he wants)..compensation (Payment)..and/or any royalties goin to be paid to the creator of the beat.... (like most lease agreement on the net..if you sell over 2,000 units you must contact the creator of the beat and work out royalty payments..who owns what copyright to the work..(ie producer owns copyrights to the underlying work(music) and you own the master recordings (lyrics) ..how will credit be giving on the project..stuff like that..

you can do a search on the net to find some sample leasing agreement that are being used ..google - non-exclusive agreements

bknot1 · 9th May 2007

but on the real if you want an iron clad agreement..you need to consult a entertainment lawyer to make sure your agreement is fair and covers everthing you both agreed apon..

Neruk · 9th May 2007

I already paid him for the non-exclusive rights. He isnt going to get any royalties and there isnt a limit to how many i can sell. The only thing is i can only use it for one commercial album. Which im assuming i can use it for one album.. and I can sell as many as i want. Platinum. haha

Justice · 9th May 2007

Get a Entertaiment lawyer...

then get another one to watch him....

then get another one to oversee everything......

before you do any of that, make sure you have a great relationship with the other party.

Cause if they want to get out of it..

it will come down to who has the most money.

To pay for all the Lawyers!!!!

Its tuff to get a contract to hold up in court with outta a very specific contract.

it also needs to be notorized.

Stitch333 · 9th May 2007

Quote:

Originally Posted by Justice

it will come down to who has the most money.

To pay for all the Lawyers!!!!

Damned if that isnt the truth...

parkay909 · 11th May 2007

Get a contract law lawyer if you are that worried. There are a lot of good books on the subject but a lawyer can figure out the particulars of your situation.

fast-ideas · 12th May 2007

You see this is where you've got to be careful when dealing with these issues. Particularly where there might be a language issue as well.

In the original post the finish guys conditions mention a 'commercial recording' NOT a 'commercial release'. It's you that is talking in terms of a 'commerical release' - are you sure the finnish guy is as well.

To me it looks like he's just giving you the right to go and record a demo or promo with the beats - which he's terming a commerical recording. Maybe its a language or translation thing. The fact that he's not mentioned money or publishing plus that weird thing about being restricted to one 'broadcast' would seem to back that up.

He then specifically says that you can use this recording for non proift demo or promo purposes only. Doesn't sound like a 'commercial release' to me.

When he says he doesn't want royalties maybe what he means is that he doesn't want royalties for the promo copies you press up.

Go and see a lawyer and get it sorted out properly and good luck with it all.

13th April 2007	#1
Neruk Gear maniac Joined: Aug 2006 Posts: 263 Thread Starter	How "official" does a contract need to be when purchasing beats? I was wondering how official a contract needs to be when purchasing non-exclusive rights to a beat. Is it good enough if the person im buying the beats from simply sends me an email with the beat names and the agreement attached? His email says this: Leasing rights allow you to use the beat for ONE commercial recording or broadcast. You will receive an MP3 file of the beat, a copy of the raw WAV file and the separate parts of the beat as individual wav files. The song file can be delivered digitally or through the mail on a CD. You may also use the beat for non-profit promotional use or demos. You have full rights to record, alter, mix the beat/song in any shape, way, or form (except reselling the beat). Is something like this with the names of the beats official enough? Im going to want to get my CD pressed when its done and i dont want trouble when it comes time to show proof of rights. I will probably have him send me something more official, but he is from Finland, so in the meantime I would like SOMETHING to show i have non-exclusive rights. Also, with non-exclusive rights, can I sell like 100,000 albums and play these songs on the radio (for example) ? What if a lable loves my stuff and wants to distribute my album but a few of the beats i only own non-exclusive the rights? Sorry thats a lot of questions, Thanks in advance! - neruk

13th April 2007	#2
bknot1 Gear nut Joined: Dec 2006 Location: Maryland Posts: 145	it would be better to have a written agreement signed by you and the producer/beatmaker.. but here is where you are goin to have a problem... its a non-exclusive track (i only license exclusive) and he can sell/license out the track to anyone he wants..cause 1. he still own the right to the beat 2. he made it a non-exclusive lease .. also, more then likely he has a cap on how many units you can sell with the use of the beat say 2,000 -5,000 units sales and he will want you to sign another contract/agreement for use of the beat to sell more unit with him getting royalties form the unit sales... I know when i license track to artist i always talk out the details and put them in a written agreement so it wont be any misunderstanding on use and owernship of the beats being purchased.. hope this help.. __________________ B Knot 4 bars is hip hop, no need for more if it's a hit!! Trunks poppin'... B Knot hits.." Boss Recordings on SoundClick http://www.jamwave.com/bossrecordings

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13th April 2007	#5
Apex Gear maniac Joined: Oct 2006 Location: Las Vegas Posts: 246	I would say as official as the money thats changing hands.

9th May 2007	#6
bknot1 Gear nut Joined: Dec 2006 Location: Maryland Posts: 145	So Neruk..any updates on this..?

9th May 2007	#11
Justice Lives for gear Joined: Nov 2005 Posts: 695	Get a Entertaiment lawyer... then get another one to watch him.... then get another one to oversee everything...... before you do any of that, make sure you have a great relationship with the other party. Cause if they want to get out of it.. it will come down to who has the most money. To pay for all the Lawyers!!!! Its tuff to get a contract to hold up in court with outta a very specific contract. it also needs to be notorized.

11th May 2007	#13
parkay909 Gear addict Joined: May 2007 Location: Fort Worth, TX bitches. Posts: 312	Get a contract law lawyer if you are that worried. There are a lot of good books on the subject but a lawyer can figure out the particulars of your situation.

12th May 2007	#14
fast-ideas Gear Head Joined: Sep 2005 Location: London Posts: 35	You see this is where you've got to be careful when dealing with these issues. Particularly where there might be a language issue as well. In the original post the finish guys conditions mention a 'commercial recording' NOT a 'commercial release'. It's you that is talking in terms of a 'commerical release' - are you sure the finnish guy is as well. To me it looks like he's just giving you the right to go and record a demo or promo with the beats - which he's terming a commerical recording. Maybe its a language or translation thing. The fact that he's not mentioned money or publishing plus that weird thing about being restricted to one 'broadcast' would seem to back that up. He then specifically says that you can use this recording for non proift demo or promo purposes only. Doesn't sound like a 'commercial release' to me. When he says he doesn't want royalties maybe what he means is that he doesn't want royalties for the promo copies you press up. Go and see a lawyer and get it sorted out properly and good luck with it all.