producer contract which artist has to sign (question )

[beatzz]

Hey guys, im in a position where im working with an talented but unknown rapper.

He can't really afford to pay me, because of his financial situation. I don't mind producing for him for free, as long as i know their will be some loyalty if things get off for him. (eg: distribution deal, etc)


My question is:
Is there a such thing as contract which state's someething like: in the event that the artist gets signed to a record label, the producer(myself) will receive a minimum of 5 tracks placed on his album which will be released by the record label.


In this way, if he gets some kind of deal, im not cut out of the loop. I don't mind producing him for free, and marketing him, but i don't wanna get cut out if something "big" happens.


What are your thoughts on this?

[beatzz]

btw, i should mention that paying a lawyer to draw out a contract is not an option, because of our financial situation.

[ghosttt]

Originally Posted by beatzz

btw, i should mention that paying a lawyer to draw out a contract is not an option, because of our financial situation.

if you dont get a lawyer to set up the contract you are setting yourself up for a bad situation. if you write the contract or someone you know i can assume there nor you are a lawyer and when another laywer reads your self drafted contract he will probably find about 20 loopholes that allows you to get shafted.

be preemtive. get a lawyer its crazy people will spend tons of money on gear,
yet they wont get a lawyer or cpa to solidfy there business. this is a business right?

also be careful in alot of circles the producers gets the shit end of the stick.
an artists gets noticed they take the artist from you with a big fat proverbial steak being hung in front of there face. there usually young and dont know business, alot
of times the producers gets left behind, only to have the artist get signed and work with the labels affiliated producers

[blayz2002]

You should try and get the artist signed a Production deal (research the ins and outs of this) This way you are saying the artist comes with your beats and production. The artist would prolly be cool with that as he will already have a relationship with you and will trust your judgment on things. Any labels will go with that if they like the package ...your production & his vocals.

If the artist gets noticed by a record label or A&R but there not intrested in the tracks you've done with him then that's the risk you take. Either that or get a lawer or like Ghost said ..you are effectively running on trust...which when the dollars start getting waved around tends to go out the window.

[TonyBelmont]

in my next post I'll post something for you to copy and paste in word.... Use it as a template and make changes as you see fit... It's courtesy of billboard.

The Artist Producer Development Agreement FORM 13 is published by Billboard Publications Also known as "This Business of Music" It is written by Shemel Krasilo It is one of today's standard music industry books and forms used by attorneys and record executives world wide.

[TonyBelmont]

ARTIST PRODUCER DEVELOPMENT AGREEMENT

AGREEMENT Made this _____day of _________200 by and between John Doe hereinafter referred to as " PRODUCER " of 30 Music Square West Suite 102 Nashville, TN. 37203 and Mary and Bob Smith hereinafter referred to as the “ARTIST "

W I T N E S S E T H

In consideration of the mutual covenants herein contained, it is hereby agreed as follows;

1. Producer agrees to provide production services as an independent producer and the necessary studio facilities to Artist, for the immediate purpose of producing and exploiting a master demonstration record (“ master demo “) and for the further purpose of assisting in the development of the Artist's career.

Number 1. This is a demo in order to shop artist to other labels. The master demo can be turn into a master should a record deal develop.

2. Producer agrees to produce ( 3 or 4 ) songs on the recording Artist into a mixed, finished recording of each song, for a fee of $ _________ To be paid as follows, 50% of total amount of recording cost will be mandatory, the balance of $_______shall be paid by certified check on or before the recording session.

Number 2. The Fees will be based on 3 or 4 songs and is only the production cost. The producer in some cases waves his fee. It is mandatory to deposit 50% of the total due. When a producer calls the union players for a session, he is responsible to pay them. The deposit only shows that the artist is in good faith and is not taking advantage of the producer or his staff. The producer's job is to find material for the artist, booking the studio, securing musicians for the session that fits the artist style. The fees are paid for services rendered, "work for hire" and non-refunded. The producer does not pay for any production cost and does can not guarantee any success due to the very nature of the music business.

3. Artist and Producer ( parties ) agree to seek an exclusive artist/producer recording contract with a nationally distributed record company ( RECORDING CONTRACT ), providing for (a) a commitment of at least two (2) double-sided singles in the initial year and at least one (1) LP, or its equivalent, a year in not more than four (4) option years, and (b) a basic combined artist-producer royalty of not less than sixteen per cent (16% )of one hundred per cent (100%) of the retail selling price, subject to customary adjustments for tape, foreign, record clubs, budget records, container charges, etc.

Number 3 only takes place if the producer gets you signed to a label. If he does not get you signed, Castle Records may offer you a single record deal not less than described in number 3 above. The 16% of 100% of the retail selling price is subject to change as the music industry changes.

4. The parties shall share equally in all advances and royalties received under the Recording Contract, and under any alternate or substitute agreement. The shares shall be payable only after recoupment of all recording cost are paid to the artist or investors as described in paragraph 2, above of this agreement.

Number 4. If a label advances you and the producer a royalty ( Example ) $20,000.00 And your production cost is $6,000.00. The total amount that is divided in half is $14,000.00 between you and your producer, you would get your production cost of $6,000.00 plus $7,000.00 a total of $13,000.00 and the producer would get $7,000.00.

5. Artist agrees that producer will continue as Artist's Producer for the full term, including any exercised options, of the Recording Contract, and of any alternate or substituted agreements with respect to the Recording Contract.

Number 5. This section protects the producer. If the producer gets you signed he is entitled to stay on as your producer unless a mutual agreement is made between all parties at the signing.

6. Artist agrees to execute, at Producer's request, a Recording Contract which contain terms a and conditions no less favorable to the Artist than those set forth above.

Number 6. Applies to number 3 above. Should Castle Records offered you a record deal, it shall not be less than the percentage offered on the APDA.

7. In the event that Producer has not negotiated a Recording Contract within a period of ONE (1) YEAR from the date hereof, Artist shall have the right to terminate this contract by written notice by registered certified mail.

8 . The parties agree that the term of this agreement shall extend for the full term of the Recording Contract, as same may be extended through the exercise of options, and such term as extended of any alternate or substitute agreements. If an option is not exercised under any such agreement, the term of this agreement shall be deemed extended for an additional six (6) months for the purpose of obtaining an alternate or substitute agreement.

9. In the event that the parties are unable to obtain a Recording Contract within nine (9) months from the date of this agreement, Producer may authorize the release, on a regional or national basis, of any master demo produced under this agreement upon the minimum royalty and the participation terms of Paragraphs 2 and 3 hereof.

10. As to any composition written or controlled directly or indirectly by Artist which is recorded and released pursuant to the provisions hereof, Artist agrees to assign to producer a fifty percent (50%) undivided interest in Artist's interest in the copyright of the composition, as well as the sole and exclusive right to administer and protect both Parties, interest in the composition throughout the world, for the full life of the copyright. Producer will account to Artist, and pay Artist, semiannually within sixty (60) days after July 1 and December 31 of each year, fifty per cent (50%) of the net publisher's share actually received by Producer or its representative in the U.S.A. and remaining after deduction of writer royalties and other direct cost. If Artist is a writer of such a composition, Artist and Producer shall enter into a songwriter-publisher contract on the terms of The Songwriter's Guild minimum basic form contract.

Number 10. Only pertains to you if you are the song writer of the material being recorded. Because the producer has waved his producer fee or has out of pocket expenses. He shall administer at least 50% of the publishing rights of the song. This does not mean he will own any part of the writers rights. The writer maintains 100% writer and 50% Publishing. The Producer owns only 50% of the Publishing. If material is obtained by the producer, the material is owned by the publisher and the copyright owners of the material which has granted the producer the right to use said material as a master demo.

11. Producer agrees to be available for actual production services as an independent producer pursuant to this agreement. In the event of the Producer's disability or other unavailability for such services, any substitute for Producer must be mutually approved, which approval shall not be unreasonable withheld. The cost of any such substitute shall be charged against the participation of the Producer.

12. In the event of any unresolved controversy between the parties relating to this agreement, the parties shall submit the same to a single arbitrator for final determination under the then applicable rules of the American Arbitration Association in the city of Nashville, County of Davidson State of Tennessee, and judgment may be entered upon any such award in any court having jurisdiction.

Sometimes you have a misunderstanding between you and the producer. A lot of times this can be resolved by just talking it out. If not then the American Arbitration Association helps resolve the matter.

13. No breach of this agreement by either Party shall be deemed material, unless the other Party gives written notice of the breach by registered certified mail, and the recipient of the notice has failed to cure the breach within (30) days after the receipt of such notice.

A notice sent by registered certified mail, to the party that has a dispute. This puts the party on notice that he must respond and correct or cure the misunderstanding.

14 Producer shall account and pay royalties to Artist semiannually within (60) days after receipt from a record company pursuant to a Recording Contract. Receipts contemplated under Paragraph 9 above shall also be so accounted for.

` Number 14. Pertains to artist that the producer was able to secure a recording contract.

15. Artist shall have the right to audit the books and records of Producer, no more than once annually, upon reasonable written notice with respect to all matters hereunder, Audits shall be performed during business hours at Producer's offices by certified public accountant.

Number 15 Pertains to money received by producer to share with artist from a record company or assignment.

16. Artist agrees that because his or her services are unique and extraordinary and cannot be adequately compensated for in damages, Producer shall be entitled to injunctive relief, in addition to damages, to enforce the provisions of this agreement.

17. Producer may assign its rights under this agreement, in whole or in part, to any subsidiary, affiliated or controlling corporation or to any other assignee, provided that such assignment shall not relieve Producer of its obligations under this agreement. Producer may also assign its rights under this agreement to any of its licensees, in the ordinary course of business, to the extent necessary or appropriate, in Producer's sole discretion, to implement the license granted.

Number 17. If the producer does not have the right to assign his rights, then it would be hard for the producer to solicit an artist to a label. However the person he assigns this to must honor this agreement.

18. This agreement shall be deemed made in and shall be construed in accordance with the laws of the State of Tennessee.

19. This agreement may not be modified orally and shall not be binding until it is signed by both Parties hereto.

If you have any question regarding this contract feel free to contact Ed Russell at 615-320-7003 or Dave Sullivan Chief of A&R Dept.

IN WITNESS WHEREOF, the parties hereto have entered into this agreement the day and year first above written.

_____________________________________________ Date _______________

Artist Mary & Bob Smith

_____________________________________________ Date _______________

Producer John Doe

[TonyBelmont]

I got it from Sound Castle Records website, but obviously you can change the names, etc. You should also change #3 and #6 to state "any record label", instead of Sound Castle Records.

[beatzz]

thanks tony, thats sicc,

is it really important for a lawyer to draw out a contract if i can just use this one?

[TonyBelmont]

Originally Posted by beatzz

thanks tony, thats sicc,

is it really important for a lawyer to draw out a contract if i can just use this one?

No. this is a pretty standard form.... Just make sure that everything is specific to you and your artist. Like change the state to the state you live in, etc. I would just use the wording from this as a template. You may want to change parts of it to suit the deal you and the artist work out, but this is a great start. I couldn't imagine paying a lawyer to draw up the same thing.

[Methlab]

keep in mind sometimes it's tough on an artist to sign a production deal because if they are locked into something with an unknown producer a label may pass on them. so asking for 5 tracks if the music gets signed is a whole lot..i'd ask for 2 at most. if you get those tracks and become a name, then you can ask for more, but since you are unknown the artist is also taking a chance on you too.

[KingUgly]

I've found the following helpful, but as always, have a lawyer review any music recording agreement you intend to sign. A lot of times it's not what is in the agreement that will burn you, but rather what is not in the agreement.

http://www.starpolish.com/advice/print.asp?id=99

[Chapiro]

Originally Posted by Methlab

keep in mind sometimes it's tough on an artist to sign a production deal because if they are locked into something with an unknown producer a label may pass on them. so asking for 5 tracks if the music gets signed is a whole lot..i'd ask for 2 at most. if you get those tracks and become a name, then you can ask for more, but since you are unknown the artist is also taking a chance on you too.

I agree 100% with this. 5 tracks is a bit too much remember the label that signs the artist will have their own ideas as to how they want to market their new artist. This is not suggesting that you are not the perfect producer for the artist wich you might as well be but i guess in this busisness everything is negotiable. How about stating a minimun of 2 songs with the resst being negotiable?

[soultrane]

i'd be amazed if (in l.a. at least) u could get someone (worth signing) to sign that contract. that ties u up together stronger/longer than most hollywood marriage agreements.

music biz rule 1... there is no loyalty.

i mean, if you were in the rappers shoes, and based on the hipness of your track, he got a chance to work w. say dj premier, his idol growing up, wouldn't he/shouldn't he jump at the chance? of course.

everybody who ever took a second step in the music biz realised quick you have to watch your own back.

i'd come up w. a simple agreement that spells out what your fee per track is, plus whatever expenses you incur; add an extra 15% since you've got to wait for your money and take 2 percentage points off the track for yourself. make him/her sign it BEFORE YOU RELEASE any material to him/her, even a practice demo (do NOT make this mistake). take them to the bank and do it in front of a notary. (not that this will actually help much down the road, but it might impress the person signing.) you could/should sign a seperate agreement for each track.

then, whatever money the cat in question stumbles across in the next 18-24 months, be it from lotto winnings, advances, or mixtape / t-shirt sales at gigs, or 7-11 c shift earnings, he has to pay u back in an alotted time frame.

also... its very helpful to get a writer's credit on file w. the copyright office, since, if it ever gets to the national airwaves, on a comp, movie, t.v., remixed, etc., you can be in good shape via ascap / bmi. then, you're solid.

(remember, when dealing w. contracts etc. there's a certain bluff factor. no one wants to get sued and the contract is worth nothing until a judge says it is. what you want to do is impress upon your artist that you've got enough legal firepower to take them to court if they try and screw you out of money. the odds are, there will never be enough money involved for either party to go out and get a lawyer anyway.)

final tip for '06...don't put all your eggs in one basket... (unless that basket is paying for the privilege)... if you're going to get in the habit of doing spec deals, do a few of them... in different genres.... if you've got a hip hop lyricist, go out and find an r&b singer and release some r&b tracks as well... it's good practice, and having a few different projects puts you back in the control chair and balances everything out.

w. a couple of good artists, the artists are waiting to get in the studio and work w. you, which will make studio time more valuable to them, even if they're not paying for it.

just my thoughts... the other route may work... it depends on where you live and what the music biz is like there

ps... on a producer's fee... i can tell u in l.a., w. no credits, you will be lucky to pull $500 per track all-in, even on a spec deal w. a first time artist... sorry, that's reality in l.a....

as we speak there are probably about 50 young, very talented producers working in 2 sq miles of h.wood in rooms w. ssl 4000's... that's 24/7 producing track after track, and that's just in the publishing companies like edmonds, etc...

they're seeing the BEST new artists come through, and they're not getting paid hardly anything but free food/drink and studio time... (and stardust...)

but don't sweat it... if your track finds its way onto vinyl, a comp, college radio, commercial radio, or even gets some good press in a local paper, you will be able to raise your fee pretty quick...

cream rises...



(theoretically)