Contracts

When you're working within a team there's often a disputed line between who gets the rights to what. The most effective way to get around this is to create a contract that states first and foremost where the copyright lies.

I have already written a blog regarding what copyright is that can be found at:

So I will continue this blog with that understanding in mind.

There are many different kinds of contracts used within the audio world.

The split letter is a form of contract that spells out exactly who has what copyright and how much percentage of that copyright. This should be discussed wel before a collaboration even starts and is usually the way artists and bands will prefer to work. Split letters will include not only what copyright belongs to who but also can include what percentage of revenues like royalties the band or each member will get.

Another contract that's used regularly is a Release Form. This kind of contract is primarily used by engineers who work for companies for smaller freelance jobs, and don't mind signing away their rights to royalties and such for a larger pay check. Use of a release form is common for session musicians as well, they will work at an hourly rate and not receive royalties on the final product. This is often how beginners will start out to get their names out into the world, as accreditation is usually included as part of the form. People will know it's your work though you don't get royalties from it.

There are situations where you will have to choose between signing a split letter or a release form. From a producer's standpoint it would be beneficial to get the main artist or band to sign a split letter but your engineers to sign a release form. This would be more beneficial because the band would have their creative copyright but the engineer however would either be working under contract for a company, which would probably state his release from royalties for a steady pay check. However, engineers could argue that they are creatively influencing anything they work on and deserve a cut of the copyright thusly. I think everyone WANTS royalties but you have to look at it logistically, a company or studio will take ownership of the physical recording, and the band will take ownership of the most of the creative side of things. Although producers often like to take credit for certain creative elements they add, though it's usually not continued to the engineers.

There are often more specific contracts for mixing and production. A mixing contract is a specific contract for a "for hire" mixing engineer and will not only state copyright but will also list protections for the individual's payment and specifics about the work required.

And a production contract could include a more complex split of royalties than the mixing contract or could be a similar "for hire" style but either way will contain similar protections for the work done until the money exchanges hands. This will often include a cost analysis and budget of the total production.

When should a contract be used? Basically every time anyone works with your team, even just for a day. This is to ensure there is definitely no difficulty after the product is made, and is done before hand to make sure it's well known. This saves time and possible legal trouble later

Contracts should be written up by a lawyer, and at the very least could be used as a template for all contracts in the future. I am personally thinking about getting a couple of contracts written by a law student for my future productions.

References:

Guest lecture video by Tyler Mclaughlan

https://www.gamasutra.com/view/feature/4149/game_audio_contracts.php?print=1

https://tapeop.com/tutorials/73/intro-contracts/