7. Assignment: The engineer must assign all rights (including copyright) to the artist. Any credit for the engineer may be at the discretion of the artist. Final Agreement: This Agreement constitutes the final agreement and understanding between the parties with respect to the subject matter of this Agreement and supersedes all prior written or oral hearings, understandings and understandings between the parties. This Agreement may only be amended, supplemented or amended by a written agreement signed by both Parties. »; There are many benefits to having a written agreement signed with your engineer. This can be valuable evidence in the event of a dispute. Also, it can avoid honest misunderstandings. For shorter bookings – say a drum tracking day – it`s really not very common to have something signed, but email can be a great way to confirm verbal agreements. My emails usually say something like, « I just wanted to confirm that we`re listening on Friday afternoon and will be following for ten hours at a rate of $X/hour (dinner breaks are billable). Don`t forget to bring your checkbook and I will bring an invoice so we can settle in when we are done. « I suggest you try to get some sort of confirmation response from the other party by confirming that the message has been received and that the terms are as you both understand them.
Even a one-word response (« ok ») implies that they have read your email, understood the terms and conditions, and thus cemented a valid understanding of the contract. At least once, these emails revealed a misunderstanding between me and a client. 2. The sound mixer works directly with the director while monitoring the arrow operator during all recordings and recording the voices and sounds needed for the project. Another common contract is the release form, essentially the opposite of a shared letter. I sometimes joke about release forms and say, « Sign here to make sure you never earn a penny from your involvement in this song again. » It`s funny because it`s true. A release form states that the person signing has done « commissioned work » and released ownership of the performance, including any claims for copyright or future compensation. These forms often involve the release of an arrangement, a somewhat vague term that can wander across the fuzzy boundary to compose. As you can see, there is a potential for turbidity here, but it can usually be easily clarified using a standard release form.
In the United States, the federal law on « work for pay » contracts requires that these agreements be signed before a party provides services, so it is best to have them signed before a meeting begins. If you`re producing, it`s a good idea to have standard « sideman » or « sideperson » output forms on hand that session players can sign, although I`ve also signed them as an engineer (mixing is often legally understood as a performance, and I sometimes play on sessions that I engineer). Pros will know the routine, but among friends, release forms are perhaps the most uncomfortable to bring, as they are equivalent to saying, « You won`t get anything for your friendly message. » As a kind of consolation, compensation for « work for pay » contracts often involves credits, which are a way to add value to the deal and give props to creative egos. Let me point out that they are also a good idea among friends, especially if the artist wants to sign a label contract later, because the label wants to know that all performances are « free and clear ». If you openly explain why you`re asking them to sign a release form, your friends will definitely understand it, and you can always blame your request on your lawyer who will make sure you get these things signed. Perhaps the simplest and most powerful contract is the split letter. This is a single page that simply indicates who the authors of a song are and their corresponding percentages of copyright. I`ve shared letters at every session because I never know what`s going to happen.
I have them on hand especially during co-writing sessions – a must. There are two types of copyright associated with recorded songs. There is a copyright on the composition (text, chord change and melody), symbolized by the omnipresent ©. Then there is a separate and very independent copyright for phonograms, symbolized by (p), an old-school abbreviation for « phonogram. » A separate letter clarifies the agreement on the sharing of ownership of copyright © in the composition between songwriters and is independent of any copyright in the recording, which often belongs to a label. If someone says they want to share ownership of a composition with me, I mention the use of a split letter and ask them what percentage they had in mind. I felt very comfortable with this moment, because I know it will be much easier once we write it down. It`s also much more convenient once royalties are generated from that copyright, as there`s usually nothing left to discuss. This simple contract helps authors clarify copyrights for third parties, such as labels. B and publishers who may be involved in the song. The shared letter usually determines what percentage of the written part is registered with the performing rights companies (BMI, ASCAP, SESAC).
Shared letters can also be attached as exhibits or addenda to production service agreements. For all aspects of musical commercial agreements with excellent contract examples: Get It In Writing by Brian McPherson, Esq. This article discusses a contract between a recording artist and a sound engineer for the recording or mixing of masters. These emails are also a good opportunity to announce any deposit/cancellation policy you or your studio might have. A clear deposit/cancellation policy is a good idea. I don`t always receive a down payment as an engineer, but with new clients or clients of those I have « that feeling », I often ask for a percentage in advance, while the rest is paid at the end of the session. I also let them know that if they cancel within 24 hours, the deposit will not be refunded and no-shows will be charged in full. Of course, one can`t always be completely strict in these things, and we need to keep in mind that life is coming and remain forgiving when appropriate.
But in cases where someone is using your time, it`s important to follow any guidelines you might have. Getting written agreements is a powerful way to make sure the lines of communication are clear, and I`m writing this to encourage you to start using written agreements immediately (if you haven`t already). There are a number of reasons why it`s a good idea to start now. When you find yourself with this high-level concert where the artist`s manager asks you about the terms of the contract, you will already be familiar with the basic concepts, I hope you will have your own standardized contract ready and you will be able to hold yours until you have reached a fair and solid agreement. It`s much cooler when your first deals are with your friends than with an industry magician, because you have the opportunity to explore the conditions without risking wasting someone`s time, showing a professional inability, or worse, getting scammed. .