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Ideas on Production Agreements


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I've been looking for information on production agreements without much luck. Everything I find is geared towards musicians and "how not to get screwed".

 

A simple agreement form isn't really what I'm looking for just yet. I'd like to hear thoughts on the ethics and common practices of people in a similar situation as me.

 

My situation? I'm having good luck lately, teaming up with talented, young, creative, musicians, and helping them put together an albums worth of material that is far more together than without my input... engineering skills, studio time, arrangement, song selection, performance evaluation, supplemental supportive performance by me, etc., etc.

 

Production.

 

I'm looking for info (a book hopefully) from the producers viewpoint. Specifically, how to insure buyout money.

 

I'm putting a lot of work into the projects coming my way and I'm realizing that when/if something sticks with the industry, I will be out in the cold.

 

I need advice on how to go into a project with a fair, legal, agreement between band and me. And also, what is fair? I'm just looking to cover my ass in hopes that I could do this kind of work long term. Make a living.

 

Any suggestions?

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Originally posted by Brittanylips

There's a lot of good, heavy, thick books out there, but a really great one that's easy to digest and will give you just what you're looking for is Moses Avalon's "Confessions of a Record Producer."


-Peace, Love, and Brittanylips

 

 

Yes... and thank you. I have read it and it comes the closest to what I'm looking for... but I think perhaps if someone who has gone through the situation I've described above could offer some insight?

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Call George Martin :D

 

Seriously, the roles you filled as a producer - selecting material, refining material, etc. - are important to the ongoing success of the band if the playing members don't have those skills.

 

How to formalize the "fifth Beatle" arrangement I don't know, but look into advice on how to make a band a legitimate business entity. I know I've seen publications on making partnership agreements. A lot of bands say "We'll never break up! All for one and one for all!" rah rah rah... When the money starts coming in and somebody says, "hey it's my picture on the posters, I'm more important", having a sort of pre-nuptial in place takes the personalities and egos out of it a little bit.

 

But do you want to tie your cart to this horse exclusively? Or have a free rope to snare the next good looking prospect?

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Have you thought about 'ladder' aggreements, in that as sales rise, so does your 'piece' (not just your return, but your percentage)... these kinds of agreements are often used in negotiations to show that you're not trying to take their money, just trying to share in what you believe will be their success...

 

Get enough to cover yourself if the worst happens, or maybe even take a little flesh (along with their loss), but be able to increase your potential as their sales go up.

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Originally posted by Billster


But do you want to tie your cart to this horse exclusively? Or have a free rope to snare the next good looking prospect?

 

 

Well, that's my point, really. I'm not restricting myself, just trying to make sure any work I do with a band that helps them turn the corner, will help me as well...

 

I know this isn't the kind of thing that is easy to comment on in a public forum. Please email me if any of you have something you'd like to pass on to me.

 

I am grasshopper. You are master...

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if you provide the studio time, engineering/production knowhow then you own the masters. period. this benefits you if the artist gets their song licensed to film or tv. have of the fee they recieve is a master license all of which would go to you.

 

if an indie label wants to release the record, they would be negotiating with you only to buy the master recordings or cut you in on the profit if they dont' want to front u money.

 

however master ownership does nothing for you if the artist gets signed and the label wants to re-record the material or record new material.

 

some deals involve a cut of publishing. if your deal has specific points regarding terms (years/months) the artist is in business with you, then the label would need to buy you out. these points can be included in the original contract with the artists.

 

as always, the best way to handle it is to go to a qualified ent. attorney and spend the money to draw up a re-usable contract that fits just what you are looking for.

 

i am no expert. i've just been through this a few times (and been screwed too). good luck!!

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Originally posted by mattzen

if you provide the studio time, engineering/production knowhow then you own the masters. period. this benefits you if the artist gets their song licensed to film or tv. have of the fee they recieve is a master license all of which would go to you.


if an indie label wants to release the record, they would be negotiating with you only to buy the master recordings or cut you in on the profit if they dont' want to front u money.


however master ownership does nothing for you if the artist gets signed and the label wants to re-record the material or record new material.


some deals involve a cut of publishing. if your deal has specific points regarding terms (years/months) the artist is in business with you, then the label would need to buy you out. these points can be included in the original contract with the artists.


as always, the best way to handle it is to go to a qualified ent. attorney and spend the money to draw up a re-usable contract that fits just what you are looking for.


i am no expert. i've just been through this a few times (and been screwed too). good luck!!

 

 

Bingo! Thank you. This project I'm working on now is for a set fee so it's history really. Next time I'll have a contract ready prior to beginning work...

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I'm working on an agreement with an artist in which I will share copyright of the recordings and be paid per CD at the time the CDs are made. This is important as artists will sell stuff all over the place so you can't expect to see a part of sales. The copyright part covers the recordings only so the artist could go record them elswhere and cut me out completely. I know he has neither the money or musicians so I'm not worried. At the same time he is safe from my making any claim to the songs. There will also be an opportunity to buy me out completely for a set price.

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Lee,

 

Out of all the sites that I have reviewed regarding roles and responsibilities of music business professionals, this site stands out above all. The entire Chapter III is dedicated to producer contracts, roles and responsibilities, and producer rights; among other things. Other chapters outline the same for other fields in the music biz...

 

Producer Contract's - Part I

 

 

 

Additional pages inside chapter III are listed both at the bottom of web page, and also in a drop down menu from the headings.

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