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Hi fellow composers.
I connected recently with a great singer. I proposed he sings on a couple of my tracks and when listening to my stuff, he was enthusiast. we are meeting to try things out in a week. If it works out, I would like to offer him a contract for singing on some of the tracks. I intend to submit these to libraries.
I can’t afford to pay him upfront money, I would like instead to propose 10% on anything I receive on the exploitation of the version of the cue where his voice is present (front and back end),
Does anybody know where I can find a standard contract for that? Anybody had experience of this kind of deal?
Thanks!
Edouard
You should have the singer sign a Work For Hire/Musician’s Release. First, you need that to show that you own all rights to the master and composition and that the vocalist has no claims on any future royalties other than what’s specified. Second, the document can state the percentage you will pay and on what types of royalties/fees.
If you pay $0 upfront, I think 10% is WAY too little since many cues make little or no money ever. MHO is the percent should be MUCH larger.
One template for this type of agreement is at: http://johnbraheny.com/resources/work-for-hire-agreement/
Make sure you are clear that any percentages you would pay the vocalist is YOUR responsibility, not the party licensing the track.
Alternatively, you could just make the vocalist a co-writer from the get-go and then they would share any and all types of income 50/50 with you. Much cleaner and fairer.
What happened to our other posts? Art? There was a lot more to this discussion… Co-write vs. WFH, etc…
Good luck, Edouardo!
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Just as a point of general information, even if Edouardo doesn’t think this is the best route for him in his situation…
Very often, if you want to share a percentage of ALL revenue (upfront and PRO) earned by a track with someone who performed on the track, it’s cleaner and easier to make them a co-writer (at some percentage) than do a work-for-hire. When you make someone a co-writer, the PRO payments automatically get divided up and paid directly to the writers so you wouldn’t have to collect and then pay out. With PRO royalties not being a one-shot and being a stream over a long period of time, paying out shares each quarter could be a pain.
In many cases, a library will often also pay out separate shares by percentage for upfront license fees as well. (Not all libraries will). So it could be another thing on “autopilot”.
This is a better deal for the performer who worked on your track because once the track is registered with the percentages and signed with libraries with those percentages specified (where the library permits), the performer doesn’t have to be concerned about collecting from you, if something happens to you, etc.
Also, if you collect revenue and then pay out, you are responsible for the tax on that revenue. If you deduct music expenses, you could deduct off what you paid out, but again it’s one more housekeeping chore. (Talking US Residents… Don’t know how it works anywhere else)
And last… I mentioned in some of the posts that got lost in the crash that many professionals split co-write shares in equal percentages (e.g. 50/50 for 2 people) regardless of the individual contribution effort. It could be that the guitar player who laid down those lead licks or the vocalist’s performance that made the difference between getting the track licensed or not. And if you build long term relationships with people and do more work together, things can even out.
There obviously are no hard & fast rules.
When it comes to the %, I will be open to negotiation with him but it won’t be 50/50.
Hi Eduardo,
Will the singer make the song more licensable? Will it have potential to earn a lot more than with a less capable singer or as an instrumental? How would you go about determining what percentage a good singer is worth?
I’m working with a singer now. I don’t know for sure but I suspect I will be putting in many weeks to her hours/days(?). But I highly value her contribution and know that without her I couldn’t do this particular project. Hence, I suggested and want her to have a 50/50 split.
Of course, you two can negotiate any final deal you like but I agree with Advice. The right singer can do more for a cue than just about anything else.
If he’s as awesome as you say he is, and he gets equal splits elsewhere for similar work you may eventually find the relationship dies out. Remember, he’s counting on you to create a killer production just as you are counting on him to deliver a killer performance. Don’t undervalue what he brings to the table just because it takes less time to execute. 🙂
2c.
Ps. Sorry for spelling your name wrong!
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