Contracts with artists as a studio engineer/producer

[roadsweeper]

I work as studio manager/engineer at a medium sized studio. I will be undertaking a few projects in the next couple of months as producer and could really do with some advise on contracts.

Firstly, for bands that come in to do recording work at the studio, how many of you get artists to sign contracts regarding recording rights/royalties? Even though it is unlikely any commercial success will come of many of the artists there is always the chance that the recordings might be used by a label or other organisation and I want to make sure that I will benefit from this. Should I get all clients that use the studio to sign a contract recognising me as the engineer/producer with an agreement of points and/or ownership of the material?

Secondly, the production jobs that I will be doing are being payed for by the artists themselves, not record labels. Once again, it is unlikely that there will be any commercial success but I would obviously like to cover myself just in case. For these projects I will be responsible for booking session musicians, arrangement, co-writing, management of budget etc. Does anyone have any advise on where I can get an editable contract that would be suitable for this.

I have been doing some research into the legal aspects regarding these issues but I am still a little confused as to what I should do regarding the day to day clients.

Finally, how many of you just supply the artist/s with a stereo master at the end of a session and keep the stems so as to avoid any unauthorised remixes?

Thank you in advance.

[Spiritworks]

"Does anyone have any advise on where I can get an editable contract that would be suitable for this?"

Music Business Forms @ MegaDox.com

[roadsweeper]

Thank you spiritworks, that is great. I had a look at contracts for sale on another site but none of them really applied to me. However, I found one on the megadox site that applies perfectly so thank you.

[fabricaudio]

Its a long way but i can only suggest this book

''All you need to know about the music business'' by Donald S.Passman

Sixth Edition

This is what i am reading now and i can tell you that explains how a label works and what kind of contracts they make with musicians. Never say that they will not have any success, you never know how things happen some times.


I have read half of the book so far, i am not saying that a book does everything in real life but helps a lot. My opinion is you need to leave them free to decide, get payed for your services and help them with promotion, i will do the same. It is a pain to go with royalties and contracts etc. Make an agreement for your services you provide.
If they needed major support (tour, cd's, equipment) they would have gone to a label than coming to you. Be friendly and help them by doing good work.

After all these i checked with a lawyer and he told me, personal agreements dont need special contracts neither approvals (thats for Greece)

My suggestion is write down your terms and go to a lawyer to have a look, they know the laws and they can advice you rephrase something you are missing. If the band agrees to sign it you are done. Leave them space to breath!!!


Nikolas

[roadsweeper]

Thank you Nikolas, will certainly look in to that book.

Luckily, one of the owners is a lawyer so she can look through any contracts that I get drawn up. Although she deals with a completely different type of law, she will have a good idea of what is accptable for both parties in a contract.

Thanks again all

[The Byre]

OK, let's go through these points, one by one -

Originally Posted by roadsweeper

I work as studio manager/engineer at a medium sized studio. I will be undertaking a few projects in the next couple of months as producer and could really do with some advise on contracts.

Firstly, for bands that come in to do recording work at the studio, how many of you get artists to sign contracts regarding recording rights/royalties?

I have always avoided contracts and I only do the contract thing when there is something such as publishing or profit sharing to write a contract about. Writing contracts over nothing is "fool's errand!"

Originally Posted by roadsweeper

For these projects I will be responsible for booking session musicians, arrangement, co-writing, management of budget etc. Does anyone have any advise on where I can get an editable contract that would be suitable for this.

There just is no such thing, except for a few foolish OTT drafts, such as those from the MU.

I think you should decide whether you are a producer, a writer, an engineer, or a studio. Certainly, reading that book by Passman is a 'must' for everybody in your position.

Originally Posted by roadsweeper

Finally, how many of you just supply the artist/s with a stereo master at the end of a session and keep the stems so as to avoid any unauthorised remixes?

If you are an engineer and studio, then all recordings are the property of the artist.

There have been several cases in the US and the UK, clearing up this thorny issue. Even if the band or their producer has failed to pay for the sessions, the recorded tracks remain the property of the artists.

The various issues you raise are all separate. Use of studio is one issue. Ownership of mechanical rights and ownership of intellectual rights are two other issues, and so on. Authorship of tunes, words and arrangements are also separate issues. Mixing up these very different issues is the kind of muddled thinking that is all too prevalent with many musicians.

You really have to read that book before you jump into relationships that you just do not understand.

[Savernake]

I've just been writing contracts for our studio today. I've not got into the ownership or points yet, but so far it seems important to lay down the rules for them to agree to when they sign, such as respecting equipment, being responsible for any damage or loss during the session, to keep their band members behaving (and the right for you as the engineer to terminate the session if they don't) and similar points.

The most important thing is probably the terms of payment - 50% if not 100% in advance is important. It can be good to get 50% after to encourage you to get the final mix posted (with a temporary 'watermark' perhaps) and get the last of the money.

It would be helpful for me to hear what advice people have on specifying the rights of the recording as well. At our place we record under 19s for free (community facility) but would retain all available rights should they want to take things commercial - then money can be recouped from sales.

Adult (and therefore paying) customers would have all rights to their recordings I suppose, unless it is normal for the engineer to retain something?

[narcoman]

as a recordist you have no rights in law to the recorded material. even if not paid for. You can certainly STOP the client HAVING it....but you don't and never own it yourself.

[The Byre]

Originally Posted by narcoman

as a recordist you have no rights in law to the recorded material. even if not paid for. You can certainly STOP the client HAVING it....but you don't and never own it yourself.

Disagree - certainluy for the UK and I believe for Germany and the US as well.

There was a famous case back in the early or mid 80's which I clearly remember being reported in Studio Sound, in which a producer did a runner with the master tapes and paid neither studio nor hired musicians one penny.

The band sued the studio for the multi tracks and won the case. All they had to pay for was the material, but not the money owed by the producer.

Under Scottish law, the studio could place a lien (withhold someone else's property until outstanding debts are paid) on the tapes (or today, digital information) but this has to be done, following a certain form and is best and safest done by a lawyer. This can only be done when to client and the owner of the intellectual property (mechanical rights such as the music on those tapes) are one and the same.

[narcoman]

Originally Posted by The Byre

Disagree - certainluy for the UK and I believe for Germany and the US as well.

There was a famous case back in the early or mid 80's which I clearly remember being reported in Studio Sound, in which a producer did a runner with the master tapes and paid neither studio nor hired musicians one penny.

The band sued the studio for the multi tracks and won the case. All they had to pay for was the material, but not the money owed by the producer.

Under Scottish law, the studio could place a lien (withhold someone else's property until outstanding debts are paid) on the tapes (or today, digital information) but this has to be done, following a certain form and is best and safest done by a lawyer. This can only be done when to client and the owner of the intellectual property (mechanical rights such as the music on those tapes) are one and the same.

disagree? That's what I just said - read again silly . As the recordist - ie the studio - you don't ever OWN the recordings. By stopping I meant physically - they can't se them if you don't give them !! Although illegal.

[The Byre]

Ah, you meant physically. (Sound effect of penny dropping.)

[The Byre]

Originally Posted by Savernake

I've just been writing contracts for our studio today. I've not got into the ownership or points yet, but so far it seems important to lay down the rules for them to agree to when they sign, such as respecting equipment, being responsible for any damage or loss during the session, to keep their band members behaving (and the right for you as the engineer to terminate the session if they don't) and similar points.

The most important thing is probably the terms of payment - 50% if not 100% in advance is important. It can be good to get 50% after to encourage you to get the final mix posted (with a temporary 'watermark' perhaps) and get the last of the money.

It would be helpful for me to hear what advice people have on specifying the rights of the recording as well. At our place we record under 19s for free (community facility) but would retain all available rights should they want to take things commercial - then money can be recouped from sales.

Adult (and therefore paying) customers would have all rights to their recordings I suppose, unless it is normal for the engineer to retain something?

As the Narcomeister points out, you have no right to withhold other people's property and all recordings made in your facility are the property of the artists or their agents.

There are ways around this, by getting the artists to sign a suitable publishing and recording agreement agreement.

[narcoman]

Originally Posted by The Byre

Ah, you meant physically. (Sound effect of penny dropping.)