Writing/Production Contracts

[jaysunice]

So I'm about to finish up my first big project with a band. It was my first "real" project and so I just charged them as we went along and all has gone well.

I'm wondering what happens now? Shouldn't there be some type of contract or agreement where I receive some sort of percentage (for producing, mixing, and minor part writing) if they sell oodles of CDs? I don't expect them, but what if?

What's a typical percentage? If I end up mastering the CD should it be more?

[djui5]

Next time sort this out before hand, or your going to have problems. Have you discussed this with the band at all? If not, bringing it up now can be an issue, or it might go over just fine, depends on the band.

You get what you can negoitiate (sp?)

[h2000]

You should've already negotiated that upfront if you were going to do it. Otherwise, you already got paid. It's not a given that a producer or mixer gets royalties on anything. But, if you are a writer who owns the copyrights, then you should get royalties for mechanicals and performance (airplay), assuming you register with BMI or ASCAP.

You can always try to ask the band for it. But at this point, if the project is complete it will just create bad feelings all around.

[magellan]

Originally Posted by jaysunice

Shouldn't there be some type of contract or agreement where I receive some sort of percentage (for producing, mixing, and minor part writing) if they sell oodles of CDs?

if they hired you to produce their album, then yes, there SHOULD have been an agreement signed before you started the project! if they choose to give you a percentage, that would be great (but it sounds like they are certainly not obligated to). if they are your first 'big' project, at least make sure they give you credits on the cd, and if the album does well, rest assured your client base will grow.

[jaysunice]

Thanks for the replies. So the consensus is that mixers/producers do not receive royalties?

I understand things like this should be discussed earlier, but I don't anticipate any bad feelings whatsoever. They have been nothing but a pleasure to work with and have met all of my demands on a heartbeat, moreover, we have all become great friends -- if only all of life could be this easy...

Nevertheless, say this was discussed earlier...what are typical returns/agreements that are made? Forgive me for being uninformed, but I'm only 20 and have done most of my learning through the internet and years of trial and error -- probably the hardest way to learn, and yet, probably the best way to learn.

[magellan]

ok...real quick...my typical royalties/points (i work with indie artists):
for producing: 3% of gross sales (digital & physical sales, 'all in' after expenses recouped)
for mixing: 0%
for mastering: 0%

for songwriting: name on registered copyright, share of publishing royalties (anywhere from 15 to 50%).

[djui5]

Yep, for producing typically ask for 3-5 points (percent).

For mixing, 0 unless your one of the big 10 and have a lot of hits under your belt

mastering, always 0.

[danasti]

Originally Posted by jaysunice

I'm wondering what happens now? Shouldn't there be some type of contract or agreement where I receive some sort of percentage (for producing, mixing, and minor part writing) if they sell oodles of CDs? I don't expect them, but what if?

For songwriting and producing I would get a lawyer to draw something up. Sit down and decide how much (%) you feel your contributions are worth.

Say you were sitting there in 20 years and everytime you turned on the radio a big company was playing the song you wrote or produced in one of their advertisements; how much (%) do you feel you contributed...???

IMO - get a real contract. The stuff you buy on ebay or copy out of books gets ripped up/altered by company lawyers who sign music and talent everyday. It has to be customized and covering all aspects of your case in detail or else it's just recycling.

Everyone else is correct. Only the big guys get points to mix and mastering is a straight fee. (has an ME ever gotten points? probably but I'm too tired to google!)

[Mike Caffrey]

Originally Posted by jaysunice

Thanks for the replies. So the consensus is that mixers/producers do not receive royalties?

They do and they do it in advance.

Plenty of mixers get points. Some all the time and some only some of the time.


Go ahead and ask, but your interaction with them so far has implied a certain type of agreement and asking for points now would be a from of changing your agreement. If you did the work as a buyout, or fee for service, you're done getting paid.

Plus, if you ask and get three points, are you could to ask them for $3 when the sell 10 CDs at a gig?

If you're going to ask, I'd suggest asking for it as a bonus, say points after sales of 10k units or 50k or 100km payable from record one.

IF there's no label, and really were talking large indie or major and it has to be a successful release too, the accouning costs to deteriming or even check what you're getting paid will be higher than your royalties.

[adam_w]

The other thing to remember if you're stepping into the world of points is usually, payment is an advance against sales and recoupable. In lots of cases, it's better to take the money up front as smaller selling records won't make any money. And yes, if you expect points, etc get it all sorted before you begin.

[Harley-OIART]

Originally Posted by djui5

Yep, for producing typically ask for 3-5 points (percent).

mastering, always 0.

Is that really an industry standard - Mastering Engineers Almost Always get no Points? Even the Top of the Game Guys?

[djui5]

I've never heard of a mastering engineer getting points. They don't really contribute creatively to the record, just make it louder and finish it off.

I'm sure someone like George Marino could get a point if he really wanted it, but those guys make a lot of money really fast, and are busy as hell, so I'm sure they're not concerned with crap like getting points.

It's one of the things I've always admired about mastering engineers, they get paid a lot of money for a short amount of times work, and don't have to deal with all the BS we engineer/producer/artists have to. They get in and out and on with their lives. I'm sure trying to get a point on a record would be more trouble than it's worth to them...

[Harley-OIART]

Thanx, very Informative Post. Cheers djui5

Your comment about "they don't really contribute creatively to the record" reminded me pretty fast why we have points to earn a percentage of sales in the first place. If the creative product is good, it sells for the most part. =)

I'm done with my monolouge (sp?)... ehe

Now I am off to catch up on the heavywieght discussion over @ "192khz, 96khz, 48khz. I hear the Difference."

-Scott