Would you sign a defective contract?
Do music business lawyers always know what they are doing? Or could they ask you to sign a contract that would not stand up in court?
Follow RecordProducer.com on Twitter...
Sometimes we allow ourselves to live under the illusion that lawyers know what they are doing. Well of course they don't. If they did, they would have nothing to argue over, and no business. So one lawyer exploits the errors of another, who in turn fights back, and at the end of the process they both go away with shedloads of money, paid by their clients largely for their mistakes.
So there is no such thing as a watertight contract. The flowery and excessive language used by lawyers prevents that, as does their obsession for writing extraordinarily long sentences entirely without commas.
Very few disputes in the music industry go all the way through the legal process. Usually the big guy threatens the little guy, the little guy realizes that he is bound to lose and gives in. This unfortunately has the effect of perpetuating bad practices in the drafting of contracts, since they are rarely properly tested in court.
One example recently seen was a contract for a composer to write and record tracks for a TV series. The composer was paid a substantial sum of money to buy out all the rights to the music, apart from the performance right for which he will continue to be paid every time the program is broadcast.
However there was a serious defect in the contract. It only specified that the deal was for the music; it said not one word about the recordings the composer had made.
There is a completely separate copyright in a recording, independent of the music. So if you write and record your own music, you can license or sell either or both copyrights in your work. In practice it would nearly always be both.
However, since this particular contract said nothing about the recordings, the composer would have been within his rights to say that they were merely demo recordings and could not be used in the program. The production company would then have had to re-record the music.
Apparently the contract was checked by a music business lawyer, who really should have spotted this.
In practice, since the composer wants to continue working and not tick anyone off, he will probably just hand over the recordings, overlooking the omission in the contract.
The best practice with contracts is to treat them as a written down expression of what both parties genuinely believe they are agreeing to. And contracts should be written in plain English - there is no need for them not to be. If both parties fully understand what they are agreeing to, and a competent music lawyer has checked that all details have been accounted for, that will lead everyone to the greatest possibility of mutual success.
Publication date Sunday March 28, 2010
Enter your e-mail address to receive notifications of new comments on this topic...
(You can unsubscribe quickly and easily.)
(You can unsubscribe quickly and easily.)
Discussion on this article's topic...
Gabriel Katona, Franklin, Tn, USA
I find it interesting that this topic should arise at this time. As a member of a new band, I took the basics of a production agreement that I had drafted in the past by my attorney for my clients. I work as a producer, project studio owner and musician and as such I like to get things clear to avoid misunderstandings. I took the basic language of the production agreement and modified it to meet our understanding as a band in the form of a partnership agreement. Simply, it is a two-page agreement that identifies the members of the band and that after expenses, the band members would share equally in the profits arriving from recordings, live performances and merchandise. All decisions are to be made together so everybody has equal say in the band's direction and business. Further, the band members share equally in the credits. In return, the band members make a good faith effort to be available for band events like live performances, interviews, photo sessions, etc. I produced the 12-song project together with another member of the band. We put in considerably more time and effort to do the project than the other members and we used my professional project studio for the rehearsals, recording, mixing and mastering process. We are also the founders of the band and the ones who came up with the musical concept of the band and the name. As acknowledgment, we only ask for the ownership of the master recordings of these 12 songs and the name of the band. The agreement states that a lawyer can look this over. We have a consensus with everyone but one member. This member wants to take the agreement to a lawyer because of some issues about owning masters. We don't know at this time what the lawyer will do but I did mention to the member that I was open for legal clarifications of the agreement but I was not in agreement to get into a contest of negotiations with a lawyer that wants to win brownie points make himself or herself extra cash and to look good. We now wait and see what's next. It is my desire to be fair with everyone. We also need to be fair to ourselves. We're not taking any extra money for this nor do we have more say or decision powers than the other members. I hope for the best.
Monday March 22, 2010
Naymann, Lagos, Nigeria
For every submission so far to stand the test of time, first of all musicians or recording artistes especially should place some enormous and profound sense of significance or worth and extreme value on their gift or talent. If it is seen as the end to a means, then no stage of involvement ought to be on face value.
Secondly what is a contract, what are we selling and what is the commercial value of the product? Whose intellectual grace is the unifying force? A contract is a bond/tie between two people or a group. If I write a song that is potentially an industry’s quest, it is important for me to see this product as a viable instrument of liberation first of all to me, the production team and beyond. If this is my mind set, then I must peruse every legal document from this light. More over, Rod Steward made clear that first cut is the deepest and this philosophy is necessary as it equipped us to put the horse before the cart. Fundamentally, every good turn deserves another.
This composer who wrote and recorded tracks for a TV series and was paid a substantial sum of money to buy out all the rights to his intellectual property sold out his birth right. To him a bird at hand is worth who knows what. He probably has no confident in the posterity of his job thus anything is worth his while.
In clear terms, paying an extra for a lawyer’s service to vet a contract agreement isn’t bad an investment as a stitch in time saves nine. The world is all about the winner takes it all and survival of the fittest. Everyone is practically set to take advantage of one another. Fela Anikulakpo Kuti said we should LOOKU WELLU WELLU, meaning to be thorough about everything we do.
Secondly what is a contract, what are we selling and what is the commercial value of the product? Whose intellectual grace is the unifying force? A contract is a bond/tie between two people or a group. If I write a song that is potentially an industry’s quest, it is important for me to see this product as a viable instrument of liberation first of all to me, the production team and beyond. If this is my mind set, then I must peruse every legal document from this light. More over, Rod Steward made clear that first cut is the deepest and this philosophy is necessary as it equipped us to put the horse before the cart. Fundamentally, every good turn deserves another.
This composer who wrote and recorded tracks for a TV series and was paid a substantial sum of money to buy out all the rights to his intellectual property sold out his birth right. To him a bird at hand is worth who knows what. He probably has no confident in the posterity of his job thus anything is worth his while.
In clear terms, paying an extra for a lawyer’s service to vet a contract agreement isn’t bad an investment as a stitch in time saves nine. The world is all about the winner takes it all and survival of the fittest. Everyone is practically set to take advantage of one another. Fela Anikulakpo Kuti said we should LOOKU WELLU WELLU, meaning to be thorough about everything we do.
Monday March 22, 2010
Kemar Bernard, Portland, Jamaica
I have like music from primary school and since i have been in high school i went to many music festival and won ssome, but more over i can do many things in music and i thank my music teach for all her effort she had put in me and other students.
Monday March 22, 2010
Pres-king, Lagos State, Nigeria
I loved music since when I was about 8years and since then I put my effort on it to extend I even learn how to produce music as a producer.
Monday March 22, 2010
Kemar Bernard, Portland, Jamaica
Here is my phone if you want to contact me(876)478 7077. I am also a song writer and will try to get one on the internet for the public to hair.
Monday March 22, 2010
Kemar Bernard, Portland, Jamaica
I love music and is willing to put out all my best to my fans.
Monday March 22, 2010
Shelter Studios, Schaffhausen, Switzerland
Couldn't agree more with your comments but the chances of encouraging members of the legal profession to write their contracts in plain language are about as high those of the entertainment industry turning its back on digital recording techniques and going back to analogue recording.
(Notice the complete lack of punctuation!)
It would be against the best business interests of the legal community to be understood and to be held accountable for their errors, oversights and abject incompetence.
But for the avoidance of doubt it is wise to engage more than one legal counsel when setting out a contract.
The rule of thumb is, if you want the contract to be finished before a liability can be incurred, then engage the services of one good lawyer or attorney but, if you want the contract to be as watertight as possible then you should engage the services of two lawyers and, if you don't want the contract to be completed at all then ensure that one of the lawyers is French.
(Notice the complete lack of punctuation!)
It would be against the best business interests of the legal community to be understood and to be held accountable for their errors, oversights and abject incompetence.
But for the avoidance of doubt it is wise to engage more than one legal counsel when setting out a contract.
The rule of thumb is, if you want the contract to be finished before a liability can be incurred, then engage the services of one good lawyer or attorney but, if you want the contract to be as watertight as possible then you should engage the services of two lawyers and, if you don't want the contract to be completed at all then ensure that one of the lawyers is French.
Monday March 22, 2010
UPDATE - Posting of comments has been disabled. RecordProducer.com has been targeted by a botnet posting spam comments. The facility to post comments will return when this problem has been resolved.
We welcome your addition to the discussion on the topic of this article. If you feel that the article is inaccurate in any way, please let us know by e-mail at . We read all messages sent to this address but we cannot promise a reply.
 |
Mike Leader of Leader Cinema systems, manufacturers of world class large-scale systems for both music industry and motion picture industry professionals, tells you more about subwoofers than you thought you could possibly want to know... Read more... |
 |
Record Producer Steve Lyon gives a taste of what it is like to work with Glyn Johns's simple drum miking techniques and explains why metal sheets were once brought into the studio. Read more... |
 |
Pro Tools is considered by many to be the king of digital audio workstation software. But it might soon be time for someone else to wear the crown. Here's why... Read more... |
 |
One of the most enduring myths in recording has been the endless quest for more and more tracks, which grew exponentially from the real need to overdub in the 60's. Prior to 4 track, overdubs were made by compiling sounds from one machine to another - with a generation loss of sonics every time... Read more... |
 |
We used to be in love with MIDI. But you hardly hear of it these days. Has it gone away, or is it just keeping quiet? Read more... |
 |
A good drummer is worth his or her weight in platinum. But how can you know for sure just how good they are? Read more... |
 |
Whoever designs microphones clearly thinks that they all should be microphone-shaped. But isn't it about time we had something more appropriate to the way we use them? Read more... |
 |
Some people working at the high end of audio believe that nearly all great mics are made in Germany or Austria. But can you make a great recording with a mic made in China? Read more... |
 |
Do you suffer from dull, lifeless sound? Do you wish you could have just that little extra sparkle? With the right preparation, you can! Read more... |
 |
It's exciting for a school to have a music recording studio installed. But getting it working and keeping it working are often two very different things. Read more... |
 |
All live sound mixing consoles have pan controls. But there are very good reasons not to use them. Not if you respect your audience, that is. Read more... |
 |
Apple's launch of the iPad has created a whole new segment in computing. Should musicians rejoice? Or be very afraid? Read more... |
 |
In contrast to my recent article where I said that choice of microphone often doesn't matter, there are times where selecting the right microphone can make an enormous difference to your sound. Read more... |
 |
Your mic might be cardioid, omnidirectional, figure-of-eight or hypercardioid, but what difference will it make to your recording? Read more... |
 |
Amplifiers can be either symmetrical or asymmetrical. A symmetrical amplifier has both positive and negative power supply rails and the signal rises and falls centered on the 0 volts point exactly in between. An asymmetrical amplifier has only one power supply rail and the signal is biased to a voltage midway between zero volts and the power supply voltage... Read more... |
 |
If your drum reverbs are hanging around too long, they could be confusing your sound. How long should a drum reverb last? Read more... |
 |
Push your levels too high and you will break the bounds of your system's capability. But will a limiter make things any better, or simply act as another source of distortion? Read more... |
 |
When super-accurate capacitor microphones are available, why do we cling to the past and still often use dynamic mics? Shouldn't we be moving on? Read more... |
 |
This is a tricky concept to explain and understand. But once you do understand it you'll feel an awful lot better. In fact, you'll probably feel so good you will consider yourself one of the 'elite' of sound engineering and look down upon lesser mortals who do not understand it... Read more... |
 |
Go to a piano teacher and they will tell you to practice every day. But the one thing they hardly ever tell you is *how* to practice. But the cure for 'wrongnoteitis' might be simpler than you think. Read more... |
You Could Be Making PRO Recordings In Your Home Recording Studio...
Music Production and Sound Engineering Online Course.
Turn your home recordings into
PRO recordings in just 12 weeks.
Sign up now for the FREE COURSE TOUR!
An Introduction to Equalization
"An Introduction to Equalization" shows you the science, technology and art of EQ. From filters through tone controls to full SSL-style console EQ, "An Introduction to Equalization" explains all of the foundation knowledge you need to know. Covers recording studio EQ techniques, and the important differences in live sound. If you don't know the material covered by "An Introduction to Equalization", then you simply don't know EQ. An Introduction to Equalization
The Steve Lyon Record Producer Interview Video
Steve Lyon's productions have sold in their millions. He has more than twenty years' experience in recording and production. He learned from legendary producer Glyn Johns. Now, in this 60-minute video interview, Steve Lyon reveals his production secrets. The Steve Lyon Record Producer Interview Video
Electric Guitar Recording Techniques
Hear and see electric guitar recording techniques in this AUDIO and VIDEO Multimedia Set™. Recorded in Abbey Road Studio 3, this Multimedia Set™ features eleven techniques that you can experience in video, or load into your digital audio workstation and mix yourself. Electric Guitar Recording Techniques
The Niccie Simpson Microphone Test at Abbey Road Studio 2
Hear ten PRO microphones on male vocal, recorded in studio master quality at Abbey Road Studio 2. The tests include the ultra-classic RCA 44BX 'Elvis' ribbon mic, the equally classic AKG C12 vintage tube, plus eight other mics you NEED to know. PLUS video recordings of all of the tests in this Multimedia Set™. Mic list: ADK Hamburg, AEA A440, Audio Technica AT4050, Bruel & Kjaer (DPA) 4011, Neumann U47, sE Electronics 4400a, sE Electronics Gemini II, STC (Coles) 4038, Violet Design Amethyst, Violet Design Globe. The Niccie Simpson Microphone Test at Abbey Road Studio 2
Focusrite Liquid 4PRE All Emulations Tested
The Focusrite Liquid 4PRE is a modeling microphone preamplifier. This audio and video Multimedia Set™ tests all 41 emulations. Original session recorded in Abbey Road Studio 3. Focusrite Liquid 4PRE All Emulations Tested
Class D Power Amplification
"Class D Power Amplification" starts by explaining how conventional power amplifiers work, including Class A, Class B, Class AB and Class C. It goes on to show how and why Class D power amplifiers are smaller, lighter and more efficient than conventional types. It also goes on to explain Class G and Class H. Essential reading for the live sound engineer. Class D Power Amplification
Equipping Your Home Recording Studio
Choose the right equipment, and you can make pro-quality recordings right from the start - even with a basic setup. Choose the wrong equipment and you may spend years sorting out a studio setup that is right for you. And all the time you spend doing that, you could have been recording. Equipping Your Home Recording Studio
Hands On: The Neumann U87 Large-Diaphragm Condenser Microphone
The Neumann U87 is the world's most popular microphone - certainly the most desired. Find out exactly what it's like to get your hands on one and use it to its full potential in Hands On: The Neumann U87 Large-Diaphragm Condenser Microphone Hands On: The Neumann U87 Large-Diaphragm Condenser Microphone
The Delon Brooks Microphone Test at Abbey Road Studio 2
Hear ten PRO microphones on male vocal, recorded in studio master quality at Abbey Road Studio 2. The tests include the $6000 AEA A440 ribbon mic, the twin-tube sE Electronics Gemini II, plus eight other mics you NEED to know. PLUS video recordings of all of the tests in this Multimedia Set™. Mic list: ADK Vienna, AEA A440, Audio Technica AT4050, Bruel & Kjaer (DPA) 4011, STC (Coles) 4038, Neumann U47, Rode NT1A, sE Electronics Gemini II, sE Electronics Z5600a Mk II, Violet Design Amethyst. The Delon Brooks Microphone Test at Abbey Road Studio 2
The Insider's Guide to Working in a Pro Recording Studio
Have you ever wondered what it's like to work in a PRO recording studio? Now you can find out what it's like to start at the bottom, and work your way up to Recording Engineer and Producer. Don't you wish you could do that? The Insider's Guide to Working in a Pro Recording Studio
Talking to Rupert Neve - the Father of Mixing Console Design
Rupert Neve, the best-known mixing console designer in the world, shares his knowledge and insights in this vintage interview from his heyday in 1987. Talking to Rupert Neve - the Father of Mixing Console Design
Four Exotic Microphones on Acoustic Guitar
Three tube mics, one ribbon mic compared on acoustic guitar. From the super-low-cost CAD M9 and Golden Age Project TC1 all the way up to the mega-expensive Telefunken ELA M12F. These tests show, in audio and video, exactly how these mics sound on a Martin OM-21 acoustic guitar in a variety of positions. Instantly downloadable. Four Exotic Microphones on Acoustic Guitar
An Introduction to Compression: Basic Compression
"An Introduction to Compression: Basic Compression" shows you the science, technology and art of compression. From threshold through ratio to make-up gain, "An Introduction to Compression: Basic Compression" explains all of the foundation knowledge you need to know. Covers all the basic compressor controls, and compression techniques for dynamic range control and musical enhancement. If you don't know the material covered by "An Introduction to Compression: Basic Compression" then you simply don't know compression. An Introduction to Compression: Basic Compression
How To Have Effective Rehearsals
If you want your band to be successful, you need to rehearse hard, and rehearse effectively. How To Have Effective Rehearsals shows you how to get the most out of every minute in the rehearsal studio. Follow these guidelines and in weeks your band will be 100 times as good as it is now. How To Have Effective Rehearsals
Microphone Polar Patterns and Stereo Configurations
Microphone polar patterns and basic stereo configurations are fundamental to audio. Many people have read about them, but few have tested them for themselves. Here, you can hear and see all the basic patterns and stereo configurations recorded at Abbey Road Studio 2. Microphone Polar Patterns and Stereo Configurations