Contracts

[galacticboy]

But u have to have the contract signed by customer also, right? So, how do u get it if u send the only copy to customer?

Usually they'll sign it, copy it for their records and sent it back to you or something similar.

 

[Enndee]

Wow i went to save this in my contracts folder and I already had this exact one. The only difference was the title was one word difference.

 

[dvyce]

Going to court is the last thing you want to do when there's a dispute, so having something in writing is the best way to make sure that each party knows what's going on. Downloading a form contract that you don't understand does little to help.

Although, even when you have something in writing, you can go to court to INTERPRET what is written in the contract.

You can add more as you become more comfortable with legally allocating risks and such, for example, maybe an arbitration or forum selection clause for any potential disputes.

You have to be very careful with forum selection clauses because different states deal with contracts in different ways... you don't want to select a forum that will hurt your cause.

Having read all the post i got completely complicated. My bad english makes it even worse.

I got a question that is not answered fro me yet.

Here it is:

Lets say I'm a producer. I make instrumentals in my home studio, i dont collaborate with anyone but I want to sell my beats (exclusive and non-exclusive rights) over the internet...
I need a contract to define the rights etc, right? Can i just wrote a contract myself (or use for example the one from this thread) and use it for my business???

Actually, i know that i can, but i can't completely figure out how to do that and how all the things work.

Actually, this was answered in this thread.

I can understand when a major label gives you a contract - they have lawyers that can draw up and register the contract oficially.

contracts are not "registered"

That's their job and they know how it's have to be done.
But who needs a contract that's written by me? I'm not a lawyer, i dont represent any organization and so on. I'm just a home made producer that wanna sell my beats. Does a contract made by me have a legal force?

There are 2 questions here:

Who needs a contract written by you? Well, basically anybody with less "power" than you... antybody less "important" than you...

If you do a deal with a label, they will throw a contract you give them right in the garbage. They will give you a contract to sign.

Same goes for a movie or tv show or commercial or anything you do with a "real" company.

Of course, you can negotiate terms with the other party, but they will be supplying the contract.


If you are hiring some kid to do music for your album, you can give him a contract to sign.

If you are selling a beat to some kid for him to use on his album, you can give him a contract to sign.

If you are selling a beat to a major artist or established artist, they will generally give you a contract.


Basically, the one in a position of greater "power" initiates the contract.

(so even in those situation where I said you can supply the contract where you are dealing with some kid who is "nobody", he may want to supply the contract since you are "nobody", too)



As for the second question: Does a contract by me have any legal force?

It has as much legal force as any other contract. It is equally binding, but it still may be a bad contract.

I have seen alot of myspace pages where young producers are trying to sell their beats and some of them provide their beats with the contracts. They post the pictures of the contracts on their page to show how it looks like. There are just one page of paper with the words like "producer joe produced the beat BLABLA and sells it to the BLABLA for BLABLA dollars" and at there is two places for the producer's and artist's (customer's) signature at the bottom of the page.

Can be the contract like that used???

This was already specifically answered. (answer: yes, but there are a lot of things not addressed in that contract)

I mean its easy to fabricate a contract like this - its kinda protected by only signatures of the parts. And even if u find out that someone falsify your contract and made money on it (like he was selling the beat u sold him to alot of people two times more xpensive, or was selling beats stolen from u) can u take it into court???

once again... this was addressed in this thread. (answer: yes)

Could someone clarify all the things, please?

Reading my previous posts should clarify all these things.

 

[FastSamurai]

dvyce,
your answer is clear as usually.
I just wanna ask to excuse me for asking the questions that has been answered in this thread before and maybe for being a bit annoying. That's all coz of my poor english, sometimes i cant understand things that are clear for u.

Anyway thanx alot.

 

[dvyce]

That's ok... I understand your situation.




That's ok... I understand your situation.

 

[city music]

thanks this will go a long way

 

[WatchWhatHappens1204]

can't it ever be easy?

lol... i know....... the end of this thread is like the heimlich maneuver. savin lives.

 

[JaiHutcherson.com]

What Up Folks!!!

I have free Producer exclusive and non exclusive contracts available for download!!

You can go to my website:
www <dot> jaihutcherson <dot> com

when you get there go to the hip hop resources tab on the menu and you will see a link for producer contract.

You can use this for exclusive or timed non-exclusive contract between producer and artist/label.

Just my 2 cents... Hope it helps!

Peace,
Jai

 

[bknot1]

What Up Folks!!!

I have free Producer exclusive and non exclusive contracts available for download!!

You can go to my website:
www <dot> jaihutcherson <dot> com

when you get there go to the hip hop resources tab on the menu and you will see a link for producer contract.

You can use this for exclusive or timed non-exclusive contract between producer and artist/label.

Just my 2 cents... Hope it helps!

Peace,
Jai

real nice to the point simple agreement.. ms def can be use to get this done and cover your butt.. and you can add changes if need be.. good post Jai.

 

[nigiano]

Thanks for this post. Can you make this a sticky for future reference! Thanks

 

[EdoubleS]

Thanks for these guys.
I started a thread not long ago asking for some agreements but it go no love.

Really appreciate those.

 

[dvyce]

It is a very very very sad thing when people decide to choose to listen to advice that is sooooo bad just because it is what they want to hear, rather than listening to good advice that is not as "easy."

I sincerely hope you do not screw yourself *too* much.

Good luck... Because now you are really going to need it!

 

[JaiHutcherson.com]

Just To Clarify...

Just to Clarify....

What would be the bad advice?

To be constructive instead of negative.... what advice would you offer rather than the "Bad" advice you are warning here?

If you have nuggetts of "Good" information please pass them on so we may all learn from your experience and knowledge.

Peace

 

[dvyce]

Just To Clarify...

Just to Clarify....

What would be the bad advice?

To be constructive instead of negative.... what advice would you offer rather than the "Bad" advice you are warning here?

If you have nuggetts of "Good" information please pass them on so we may all learn from your experience and knowledge.

Peace

You obviously did not read this thread... And if you did read, you must have skipped over every post I made (otherwise you would not be asking this question)

My god, I have been sooo constructive here... And negative? Because I am not saying what people want to hear, you say it is negative?

I can't imagine what else I can do!

 

[JaiHutcherson.com]

my bad dvyce, i didnt see you had over 3400 posts as moderator making it ok to be negative harsh. obviously your forum and your rules apply. Some folks, not all as your pro self, cant afford attorneys and need a jumping off point. As with my contract and on my site, they reference finding an attorney and state clearly this is no sub. for a qualified attorney. But there are those folks out there that need something, anything to try to protect themselves when they dont have the cash for an attorney. Obviously if someone doesnt understand every word of a contract it would be bad to move forward with it. But having options, simply options, to look over to maybe be able to write their own, as you state in your wonderful posts, would be a good thing to compare and to try to understand what contracts look like, even those contracts from the 70's can offera glimse of what a contract might contain and what an up and coming producer might need to protect themselfs in the event they dont have the all impoweing attorney. No disrespect intended on YOUR forum. I shall leave all the nuggests of gold to you for passing out in the mannor you see fit.

peace,

 

[dvyce]

my bad dvyce, i didnt see you had over 3400 posts as moderator making it ok to be negative harsh.

I have not said anything "negative harsh"... I have only posed questions to people asking them if they understand what they are signing. I have also explained what I personally think would be a better way to create a legal agreement.

If you think it is either "negative" or "harsh" to explain to someone that they are making bad choices, then i don't know what to tell you... sometimes you need people to tell you things like that.

If you saw a bottle of clear liquid on the street and said "oooh, a bottle of water, I'm so thirsty, I'm gonna drink it!"

and if I said to you "don't drink that. You don't know what is in there. What is it is Hydrogen Peroxide? Maybe it can kill you"

--you would think that is "negative harsh"?


If someone gave you a "remix contract" but it was written in Chinese, would you sign it even though you don't read Chinese?

If someone gave you a "producer contract" but it was written in spanish, would you sign it even though you only understand a little bit of spanish?

Get over it.

obviously your forum and your rules apply.

jeez... get over yourself.

Some folks, not all as your pro self, cant afford attorneys and need a jumping off point.

I actually am an attorney. I am not giving legal advice here, but I can tell you that these random contracts you find on the internet are NOT a good jumping off point.

As with my contract and on my site, they reference finding an attorney and state clearly this is no sub. for a qualified attorney.

If it is no substitute for a qualified attorney, then what is the point.

But there are those folks out there that need something, anything to try to protect themselves when they dont have the cash for an attorney.

Using a random contract from the internet will not "protect" them. It does the exact opposite: it makes them vulnerable.

How are you protected by something you don't understand?

If someone wanted you to write a track and gave you a contract to sign, would you sign it? (If you would use one of these contracts here, then it is no different from signing a contract that someone puts in front of you)... would you say to him "no, you sign MY contract that I got off the internet. I have no idea what it means, so it may be even worse and give me even less than your contract gives me, but lets use it anyway!"?


I told you how to protect yourself (in my personal opinion):

Figure out what you want and write it out in plain english!

Obviously if someone doesnt understand every word of a contract it would be bad to move forward with it. But having options, simply options, to look over to maybe be able to write their own, as you state in your wonderful posts, would be a good thing to compare and to try to understand what contracts look like, even those contracts from the 70's can offera glimse of what a contract might contain and what an up and coming producer might need to protect themselfs in the event they dont have the all impoweing attorney.

The only thing you said here that makes sense is where you said my posts are wonderful.

In fact, usually what happens when someone tries to use what they see in a contract to try to make their own contract is that they completely screw themselves. I have seen it a thousand times. Bad idea.

...I hope this is not too "negative harsh" for you.

No disrespect intended on YOUR forum.

I wish this forum had a better "rolleyes" smiley.



the eyes just arent "roll-y" enough for me... and he is too "smile-y"

I shall leave all the nuggests of gold to you for passing out in the mannor you see fit.

The fact is, whether you choose to see it or not, that I gave very very good advice in this thread. Do what you will with the nuggets of gold you have been given.

Feel free to throw them away (which I am sure is what you will do), but I only hope there are some wise people out there who will benefit from the knowledge they have available to them.


It may be funny in the "Road Runner" cartoons when the Road Runner paints a black square on the side of a mountain and Wile E Coyote slams into it at full speed because he thinks it is a tunnel...

But in real life, I want to help the Coyote to avoid crashing into the side of a mountain.

 

[Timmy Talent]

Thanks for the contracts!

And dvyce, I feel you.

 

[bknot1]

as always I have stated you should have an entertainment lawyer look over any contract that you want to use and will sign...

I could always post some real sample contracts that pretty much have the sme terms or wording..its just the agreement is geared to the specifics of the deal being made..

I don't see anything wrong with sample template contracts... which most attorney uses anyway.. thaey just change details to fit the deal that is being made at that time..

everything is use at your own risk... someone will also find away around any contract no matter how iron clad it is...

this thread was not to become a head bitting thread.. it was meant to show what sample templates are out there free on the net that can be use to be changed to fit anybodies needs that are in new of some kind of agreement..

real recording, production or whateva contracts can be found on the net with no problem.. their aren't much different from the random contracts...its just more details have been ironed out..


keep making this a great thread for people to visit..

B Knot

 

[dvyce]

as always I have stated you should have an entertainment lawyer look over any contract that you want to use and will sign...

Yeah... here is a contract, and remember-- don't use it!

I could always post some real sample contracts that pretty much have the sme terms or wording..its just the agreement is geared to the specifics of the deal being made..

and since you don't understand the legal terminology and the ramifications and consequences of the subtle wording differences, it is all irrelevant.

I don't see anything wrong with sample template contracts... which most attorney uses anyway.. thaey just change details to fit the deal that is being made at that time..

There is a huge difference between a random contract you found on the internet, and the base agreement an attorney would use as the starting point for drafting an agreement.

Do you seriously not see the difference?

...and let's talk about the subtleties of legal language and contract drafting... have you ever seen how a contract goes back and forth between each sides lawyers crossing things out and adding stuff in and changing wording? The exact wording is so important.

Do you really not see the problems with a template for a contract you do not 100% completely understand?

everything is use at your own risk... someone will also find away around any contract no matter how iron clad it is...

not true.


...and if you use a contract you do not understand, you will be stuck with your mistakes forever.

this thread was not to become a head bitting thread.. it was meant to show what sample templates are out there free on the net that can be use to be changed to fit anybodies needs that are in new of some kind of agreement..

The only "head biting" going on is people biting MY head because they do not like me telling them that it is not a good idea to use a contract you found on the floor.

Sure a "template" can be changed to fit your needs... to bad people do not generally know what they are changing... or even know what their needs are.

real recording, production or whateva contracts can be found on the net with no problem.. their aren't much different from the random contracts...its just more details have been ironed out..

...and a contract is all about the details.

keep making this a great thread for people to visit..

that is why I keep warning people about the dangers of using a random contract they found laying around.

 

[GoodMoney]

Its funny how something positive always turns into a pissing contest on FP...