Publishing etc. situation, internet sales

[JMackProductions]

I am in a situation where an artist thats already been on the radio and has been promoting himself in many ways with local concerts and has a name out for himself, want to use three of my instrumentals for his upcoming album. It will be my first time working with someone that has actually been out there already with shows and radio play. My problem that i am having is with the leasing of the instrumental, i want to be covered in everyway, i charge my upfront fee and covered on the back end with bmi or ascap,but what about sales(specifically internet sales). He says and upfront fee is cool and 50/50 split. My thing is i want an upfront fee but also i'm thinking since i'm a co writer(music) , when he says 50/50 (writer-50/publisher-50) we split that as far as royalties. but what about internet sales like itunes etc., who gets what on that? am i able to post the finished songs of the ones i'm co writer on sites like itunes or does he and who gets what? and remember i will have 3 original instrumentals that made his album. who gets what if i have my friends and followers go buy the songs i am on off itunes etc. ? Please help me out!

 

[[F_or_DEAF]]

My problem that i am having is with the leasing of the instrumental, i want to be covered in everyway

you sold 3 beats to the artist w/ out a contract for any of them?

 

[JMackProductions]

He want to buy 3 of the beats, but i'm trying to come up with a license, agreement, or contract on the terms above. i havent sold them yet, he want to lease them for his album but i dont know what to put in the lease to cover digital sales like itunes etc. of the sales of the 3 songs i co wrote

 

[[F_or_DEAF]]

best thing for you to do in this scenario is contact an entertainment lawyer in your area...if you're truly serious about covering all of your bases and not cutting any corners.

 

[JMackProductions]

ok lets say yourself for example.........what type of agreements you do with an artist that you know has a song out on radio and hes already promoting his upcoming album and he needs another track to complete and he chose yours.............what would be your agreement(in terms of sales,royalties etc.) and will you also have a fee upfront?

 

[[F_or_DEAF]]

me? i'd have an entertainment lawyer draft a simple, yet effective contract...the more professional the artist, the more professional of a producer you need to be.

 

[fataltone]

ok lets say yourself for example.........what type of agreements you do with an artist that you know has a song out on radio and hes already promoting his upcoming album and he needs another track to complete and he chose yours.............what would be your agreement(in terms of sales,royalties etc.) and will you also have a fee upfront?

why haven't you listed your location...in profile .... I mean if you live in a "bigger city" you should be able to find a entertainment fairly easy....
take some time,research what ent. lawyer are available in your city and call and ask if they will sit down with you....example what you explain here and he/she will be able to help you with your rights as a publisher...see I need 8 beats for a upcoming compilation for my label.. I'm paying the producer who usually see $100.00 at the most for a beat for those 8 beats I'm going to totally buyout them out for $10,000.00
and I will maintain ownership... if things go as plan and my artist like the producers work..
they can be go to producers for future projects and get paid the same and then get some publishing royalites etc...kind of deal...
they buyout mentioned above is 10 times as much as these producers are leasing their beats for even exclusive deals...
$10,000/8=$1250 per beats in my mind thats a great deal...with relationships to make more money on future projects....
don't mean to jack your thread...
but alot of indie artist or indie labels are doing buyouts on instrumentals on outside producers...
in-house producers are usually recording artists for the indie label as well so of course they are getting more of publishing deal

JUST SOMETHING TO THINK ABOUT..
ask for a buyout and you can have your contract say... if the "artist with radio and has is name out there" sales more than 10,000 units "jmackproductions" will start to recieve addictional monies in form of 3 points for every sale and regain publishing rights...
as F or Deaf said get yourself a ent. lawyer ...or suffer losing money....
a buyout is great as this artist may only sell 100 copies and what then... you didn't make much money....

 

[[F_or_DEAF]]

get yourself a ent. lawyer ...or suffer losing money....

RIGHT.

too many people wanna cut corners in this game and EXPECT RESULTS

...do shit by the book when it's time to...know the difference when it ain't.