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Royalties. getting paid.
Old 16th October 2013
  #1
Here for the gear
 

Royalties. getting paid.

hello engineers

you record a band, you pay allot of money to get the gear together, hire vehicles , time.....ect.

you create a multi track.

the artist mixes it.

sells it in the thousands maybe 10,000+ ( god knows how many?)

the first was a freebie.

the second may be mixed by yourself: How would you arrange payment? royalties? lump sum?

if royalties?, how do you know how many Cd's are sold and you are receiving
the correct amount?

thanks for help,
Old 16th October 2013
  #2
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drycappuccinoguy's Avatar
If the first was a freebie then that is the deal you made. You should get nothing but the credit for doing the work. If you got paid to record then the artist/record company hired you to do their recording and you were paid for doing the labour. You did not create it in that case you we just employed to do some of the work on their creation. That is generally how most studio work. I you want royalties and such then that has to be negotiated up front with the copyright owner of the recording. Otherwise you are working under a work for hire arrangement and in the case of free you were hired for no pay. Not a lawyer but if you offer work for free then it means free.
Old 17th October 2013
  #3
Always draw up a contract unless it's a favor for a friend or a total freebie. Otherwise, spell out what you and the producer, band or artist have agreed upon. If the producer or label does not provide a standard contract, submit your own. Spell it out in the clearest language you can put on paper and get everyone to sign.

Gary Hustwit's book: "Releasing an Independent Record" has a lot of info on what to include in recording contracts and the old copy I have (4th Edition) has a handful of sample contracts included. I don't know if the current (6th Ed.) still has them, but I'd be surprised if they were not still included. (check first)

This should be done even for a "work for hire" or "independent contractor" fixed-fee arrangement, and is especially important if any any "per-unit" royalty deal is agreed upon. The contract should clearly define "how-much" and "when" payments are due. A royalty agreement without a time schedule is next to worthless.

The contract should include details of how the "units" are accounted for and how the returned, or not-sold units are disposed of. Don't expect royalties on "promo" copies that are given away and on returned merchandise.
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