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Recording contract questions

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R

RustyChain

Guest
I am a songwriter/musician in the Sacramento, CA area. I was recently approached by a Recording Engineer/Producer with substantial major label credits (Michael Jackson, Lion King, Steely Dan, etc.) to record my band and act in somewhat of a Producer/Publisher role.

He's sent me a proposal and I'm in agreement in principal, however, I have several questions regarding the copyrights, royalties, etc.

Proposal summary:

The plan is to record a CD of my original material. He will be the Recording Engineer/Producer. We will begin promotion and distribution locally (venues, music stores, etc.). He will use his industry contacts to seek out a major label or one of their subs to take over large scale promotion/distribution.

1) I pay for the cost of producing the recording the masters.
2) He's asking for 50% undivided interest in the copyright of the composition, as well as the sole and exclusive right to administer and protect both Parties' interest in the composition throughout the world.
3) He's asking for 10% Recording Engineering Royalty on total album sales.

So my questions are these:

1) I don't have a problem footing the bill for the production of the CD. However, should I also stipulate that all royalties will be paid ONLY AFTER costs for production are recouped?

2) 50% interest in the copyright... would this refer to the copyright on the recording itself or to the song (words & music) copyright? In other words, would I retain the right to rerecord my song for another label or project.

3) How does his 50% of the copyright effect my mechanicals and songwriter/performance royalties.

4) 10% Recording Engineer royalty based on total album sales is probably fine when we're talking local distribution, but in the event it IS picked up by a major, would that be considered excessive?

I know I'm asking the world here, just hoping someone can shed some light before I invest in an Attorney.

Thanks in advance!

Rusty

http://www.RustyChain.com
 


A

aahlee

Guest
unfortunately, INVESTING in a lawyer is part of your business expenses and should be treated as such.

You should EXPECT to pay for lawyers, to get legal answers, since you EXPECT to make a good deal of money on this.

Think of Investing in a good lawyer as no different then car insurance, you have options, do you want minimal coverage? do you want collision? do you want comprehensive? do you want an umbrella policy? all cost MORE money.

Not to have insurance will always cost more then the premiums when the inevitable accident comes rolling YOUR WAY!
 
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