Graham Way

Jeremy’s tips are valid and useful--still relevant four years on. But to his first two points I’d add that if you consider yourself (or your band, if you’re in one) to be the legitimate “maker” (i.e., owner) of the project and you also want the ownership/writing credits to any of your original material to remain with you then you should get ALL hired hands, not just the musicians and singers but also the producer, arranger and even the engineer, to sign a proper release form waiving any claim to writing credits AND ownership/controlling rights to the master(s). The master issue is especially important if they provide any part of their service for free or at a reduced rate (I would even get one from the studio in that case too). You can never be too careful in this age of rampant litigiousness. And never forget that anyone's mindset can change down the road. That unspoken understanding you thought you had with that person you thought you could always trust can all too easily disappear when their life situation changes or they want a piece of your newfound success. Problems arise with things that fall into grey areas or through the cracks or with relationships that are created without clear understandings, and they most commonly only rear their ugly heads after the project’s well under way or been released, often once it starts earning serious money. For instance, a producer’s, arranger's or musician’s role in working with you on a song might in his/her mind at some point cross over into the realm of co-writing. Then (or after the song’s done) you’d be faced with a dilemma: do you give them shared writing credits or do you not use his/her changes to the song or, worse case scenario, do you feel compelled to scrap the song entirely. Or, take the example of the outside musician who provided his talent for free on a song track that ended up breaking big time. Might he come back to knock on your door with his hand out for a royalty share claiming that he performed on the sound recording with the understanding that it was never intended for commercial release but only as a demo project? Circumstances like these do happen. Things are not always so cut and dried as you might think. And when an artist is caught up in the machinations of planning and executing something as challenging and intricate as a recording project it is very easy for them to get overwhelmed and lose sight of these sorts of things. A properly constructed contract with the producer and properly executed release forms for everybody involved will go a long way toward protecting your interests. And, by the way, you don't always need an entertainment lawyer to deal with contracts. Consider finding a template for the kind you need and then seek out someone you know who's familiar with such arrangements and get their advice on your particular situation, or maybe an industry pro who does consulting on the side who works for a lot less than what a lawyer would charge. Then have your lawyer review the final draft before signing. And, while Jeremy is correct when he says that the “Musicians Release Agreement” is not needed for fellow band members, if you are part of a band you MUST have a well thought-out-band partnership agreement. In fact, that should be in place early in the band’s history regardless of any plans to head into a studio.