Artist wants to use my songs. How much? Percentage

[mobeatz]

Ok so I got some of my songs together, and pitched them to a local artist.

She likes 6 of my songs and wants to put it on her next CD.

This is great news for me

BTW this is Gospel/rnb genre.

The artist is not well known, no local radio play, but she already has 1 CD, and performs live. And she is GOOD!

Anyway.

3 of the songs are just my music her lyrics

3 are my music my lyrics

Questions:

How should I go about setting this up legally?

The songs will be produced by her producer.

I don't know what is fair for me to ask money wise, splits etc.

Anyone with experience in this area pls advice. Thanks.

 

[dvyce]

Ok so I got some of my songs together, and pitched them to a local artist.

She likes 6 of my songs and wants to put it on her next CD.

This is great news for me

BTW this is Gospel/rnb genre.

The artist is not well known, no local radio play, but she already has 1 CD, and performs live. And she is GOOD!

Anyway.

3 of the songs are just my music her lyrics

3 are my music my lyrics

ok...

Questions:

How should I go about setting this up legally?

Get yourself a lawyer. I do not know how established or professional these people are with whom you are dealing (I am guessing they are not too established based on what you have described about them and I am guessing, while they may have a "professional atitude", they probably do not have a whole professional team in place and lawyers who draft their contracts and a set efficient system.)

If they have writers agreements they give to their writers, have a lawyer look at them and negotiate on your behalf...

If they do not, have your lawyer draft something...

Do NOT (!!!!!) use some contract you find on the internet or from a book...

The songs will be produced by her producer.

I don't know what is fair for me to ask money wise, splits etc.

Ideally, you will have 50% of the publishing since you technically wrote "half" of the music.

But the producer typically does some "writing", too as part of the production process (in the genre you are talking about), so your share may be less...

But your share will be whatever you negotiate.

Whoever has more leverage gets more.

You will not typically get money from record royalties. You get money from mechanical royalties in whatever your share is and based on what you agree upon as the mech royalty rate... a full statutory rate is rarely paid.

If you do not have a publishing deal, you are entitled to the writers share as well as the publisher share since you are the publisher as well as the writer... *unless* you negotiate your publishing away-- you do not want to do this, of course.


You can get money up front as an advance (which would typically be recoupable)...

 

[mobeatz]

ok...








Get yourself a lawyer. I do not know how established or professional these people are with whom you are dealing (I am guessing they are not too established based on what you have described about them and I am guessing, while they may have a "professional atitude", they probably do not have a whole professional team in place and lawyers who draft their contracts and a set efficient system.)

If they have writers agreements they give to their writers, have a lawyer look at them and negotiate on your behalf...

If they do not, have your lawyer draft something...

Do NOT (!!!!!) use some contract you find on the internet or from a book...






Ideally, you will have 50% of the publishing since you technically wrote "half" of the music.

But the producer typically does some "writing", too as part of the production process (in the genre you are talking about), so your share may be less...

But your share will be whatever you negotiate.

Whoever has more leverage gets more.

You will not typically get money from record royalties. You get money from mechanical royalties in whatever your share is and based on what you agree upon as the mech royalty rate... a full statutory rate is rarely paid.

If you do not have a publishing deal, you are entitled to the writers share as well as the publisher share since you are the publisher as well as the writer... *unless* you negotiate your publishing away-- you do not want to do this, of course.


You can get money up front as an advance (which would typically be recoupable)...

Thanks for that, dvyce!

You are correct she does not have a professional team. This mostly diy as far as I can tell.

I'm not worried about money up front. I'm only concerned about royalties and credits for placement. Since she is not with a major label I'm unsure how to track that(sales).

I guess I gotta get lawyered up. LOL. Hate that part but I know sometimes it's needed.

 

[one-derkid]

Ligon Law Group

 

[dvyce]

Thanks for that, dvyce!

You are correct she does not have a professional team. This mostly diy as far as I can tell.

I'm not worried about money up front. I'm only concerned about royalties and credits for placement. Since she is not with a major label I'm unsure how to track that(sales).

I guess I gotta get lawyered up. LOL. Hate that part but I know sometimes it's needed.

...oh, and make sure you have it laid out what your split is for anything placed in a movie, tv show, video game or commercial

 

[dwells]

all you really need is a split sheet. keep it simple. I always recommend an entertainment lawyer.

 

[one-derkid]

wu-tang said protect your neck....words to live by.