Lawyer needed!

[marcher5877]

I have an album and one song is going to be used in a documentary film. They want me to sign a contract. I have talked to the film maker a few times and we are both cool with him using my music and I get to be in the film, no money exchange, he gives me credit, I tell my friends to watch the movie. Its an independant film, so he doesnt have any money, and I am an independant artist, so I don't have any money.

 

What should I do?

 

 

Thanks!

 

www.mattarcher.com

[sabriel9v]

Go for it. But definitely get a copy of that contract for the archives. And make sure it says in writing that you will receive credit for your work and contribution to the film.

[Johnny-Boy]

I posted this on your duplicate posting:

 

Just sign a one-time use contract with him. In other words; give him permission to use your music, but you still hold on to all the rights to the song (and he can't use it for anything not related to the documentary).

 

That should satisfy both of you.

 

Best, John

[BlueStrat]

I have an album and one song is going to be used in a documentary film. They want me to sign a contract. I have talked to the film maker a few times and we are both cool with him using my music and I get to be in the film, no money exchange, he gives me credit, I tell my friends to watch the movie. Its an independant film, so he doesnt have any money, and I am an independant artist, so I don't have any money. What should I do? Thanks! www.mattarcher.com

 

 

Wait...he gets to use your music free of charge and you get to drum up viewers for his film?

 

 

Anyone remember when I said musicians make some of the worst business men on the planet?

 

I rest my case.

 

 

What about DVD sales? Television /internet screenings? Is it too much to ask to be paid the standard royalty rate per sale/screening?

 

You may want to offer him the use of your music for a deferred payment, but fer gawd's sake, don't sign all your royalty rights away.

[primeelite]

I would ask for royalties as you are legally supposed to get them unless you sign them away. There would be no need to sign those away because he would have money to pay you from sales for those royalties which wouldn't amount to much unless he sold thousands. I would switch it around and tell him in return for using my music (and don't give him rights to it, just one time use) that he should promote your music in the film such as in the credits put a link under you name to your website as well as put a small link on the back cover of the dvd somewhere. Remember he is using it for free so in return he should give you something extra.

[sosickinside]

At last check, mechanical royalties, a.k.a. songwriter's royalties, were 9.2 cents per track per unit sold. You really need to join a songwriters union like ASCAP or BMI, and register your song with them. They will make sure you get paid for any use of your song. They have been known to collect money from venues who have cover bands, and get the songwriters their money for other people performing their music.

 

A career musician's lifeblood is his mechanical royalties. By all means, protect them like they are your child, assuming you want to get paid.

 

Go register at ASCAP. It has a one time fee of $25, but is well worth it.

[ZebraSteve]

marcher5877,

 

The Volunteer Lawyers For The Arts may be able to help.

They are a nonprofit organization which provides arts-related legal assistance to artists and organizations unable to afford a lawyer. Check them out here: http://www.vlany.org/

[Duddits]

I have an album and one song is going to be used in a documentary film. They want me to sign a contract. I have talked to the film maker a few times and we are both cool with him using my music and I get to be in the film, no money exchange, he gives me credit, I tell my friends to watch the movie. Its an independant film, so he doesnt have any money, and I am an independant artist, so I don't have any money. What should I do? Thanks! www.mattarcher.com

 

Hi.

 

I'm not a lawyer (I'm a cat).

 

As an independent low budget documentary, it's almost inconceivable he will make money on the film. Very few documentaries do.

 

Johnny Boy is right.

 

What you should do is write a letter giving him a non-exclusive right to use your music in this one film (in perpetuity). State that all rights remain yours subject to the non-exclusive license. In return, you state what he will do for you - provide credit (however you want the credit to be displayed), give you some money if he has some - $100 (does he have any budget?) - provide credit and links on his film websites to your music websites, etc.

 

You can add a sentence saying that if the movie makes money, he will share it in some way, although these types of speculative agreements rarely convert to cash.

 

If you have access to a lawyer, by all means consult with them. But this type of agreement is generally very simple.

 

Congratulations on the opportunity!

[Duddits]

 

You may want to offer him the use of your music for a deferred payment, but fer gawd's sake, don't sign all your royalty rights away.

 

 

Deferred payments in this type of situation are extremely rare in practice; also, by granting the filmmaker a license to use his song in the film (only), he is not signing any royalty rights away.

[BlueStrat]

 

Deferred payments in this type of situation are extremely rare in practice; also, by granting the filmmaker a license to use his song in the film (only), he is not signing any royalty rights away.

 

 

Right, but he has to stipulate it's for the film only and not a work for hire owned by the filmmaker outright.

[JackChapman]

i think that you should go for it, but make sure you protect the downside so that you get paid if it turns into a Jason Nevins Run DMC scenario...

 

best,

 

JC