Production/song credit

scorpio01169

Member
Aug 6, 2006
1,331
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36
San Antonio, Texas
I have a situation, A friend and I wrote a couple of songs a few years ago, it really wasnt my style of metal, and I never intended anything of it. he joined a band and used the songs and well he has since quit that band, I just got a facebook message from a remaining member telling me that they have a label interest and that the label wants me to sign a waiver for this band to keep things songs as these songs are what drew their interest, should I sign away these song as i was never interested in them anyway?, or should I make them give me credit?
 
If it were me, i would sign over the songs to them and asked to be payed off. You are giving up your rights to royalties as songwriter if you signed the song over to them, and so you should be compensated for that in a one time flat fee. It doesn't need to be very high (price could be determined by if your song will be a single for them, or how large they are), but if it were me I feel like I should get something for my effort if others will benefit from it. If they are blowing up you could go the royalty route as a songwriter, but that would be unlikely, so might as well just get a nice flat payment for it and move on.
 
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
 
I would ask for compensation, your work should not be free, but in reality if yo uhad no interest in the songs and it will benefit them greatly then give them up, you gain nothing by refusing them the right and neither will they. If you sign a waiver you can ask for royalties and a credit in the album booklet or something, what more you could you really want?
 
this is a joint works... and you are entitled to 50% of what you contributed. the label doesn't really need to "pay you off" ...and they probably won't. the label is trying to avoid a hay-fire. legal retainers are pricey ...and i would recommend that you talk to a entertainment layer about your situation.

good luck!
 
Yep. Legally you are entitled to publishing royalties at the least. I don't see any reason to sign away those rights. Talk to a lawyer. "Waiver" is a big red flag.
 
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.
Don't sign ANYTHING without having an entertainment lawyer look at it. You should be paid for your work, make sure you do.


+1
 
Thanks for your replies. I talked to my friend who was in the band and he informed me that they were trying to minimize the deal they are getting. The deal is with Warner and prior to him leaving the band he negotiated a publishing deal with the band, so I'm gonna have to do something different because I was never in the band. But I'm not signing anything just yet.
 
It's the people who have the rights to songs, not the collective entities such as bands, so your being (or not) in the band has nothing to do with the situation, I guess. Whether they might want to ask a label to help them with covering any expenses (such as paying you off) or not, is not relevant to your possessing the rights to songs.
 
.... so I'm gonna have to do something different because I was never in the band. But I'm not signing anything just yet.

DOESN'T MATTER!

You co-wrote with your friend, and then in turn the band used the songs. Ergo, you and your friend would split publishing 50/50 and the band would get jack shit. If you're nice, you could do a 33% split 3 ways, but you're entitled to at least in the worst circumstances a 1/3 of the publishing.

Don't settle for anything less. If the band even makes a little money you'll be kicking yourself later.
 
...I sign away these song as i was never interested in them anyway?, or should I make them give me credit?

Get lawyered up before you sign anything.

As I understand it, the band need your permission to record the songs, because as the co-creator you partly own the copyright.

If you agree to their recording the song you are still entitled to be identified as the co-creator of the work, and to royalties.

You can sign away your moral right to be identified as the co-creator (track is published as "copyright control") -- the publishing royalties still go to you and not the band.

They might even want you to agree to the band being listed as the writers, and sign an NDA so you can't tell that it was really you. So don't tell us who the band are.

And you can sign away the publishing royalties in return for a fixed sum of money if you want.

So there's three separate issues to negotiate; permission to record, name in the credits, and money.

Not being in the band is probably the best way to get money out of a record label. They can't take it out of your advance! :D

Grab your lawyer.
 
Guys, i need to ask a stupid question, but it's important :)
If i use buses for recording from an audio track to a new audio track, like drum triggering, or pitch correction ... is it important to have a good quality sound card with a good internal clock to do that, or it uses the CPU, so the sound card doesn't matter? :)
I want to do recordings at home with PT-Apogee and other stuffs i need to do anywere i am, so i need to use my laptop for things like drum triggering, pitch correction to a new track with the poor built in sound card, if it's possible with buses :)
Any help appreciated ;)

PRO TIPS: Don't hijack threads for your own benefit, don't use so many smileys.