Production Contracts?

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May 30, 2002
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#7
Production contract

Producer for Hire Agreement


Producer or Production company name


I. Terms

1. This is a Production Agreement this day of ____,2002,
between the Master Producer(you)(production company)______ and the Undersigned Artist_________.


II. Artist Service and Obligations


2 . The Artist has signed a recording contract with the following Record Company
_____ Records, and the date of the contract was_______2002,

3. In this Production Agreement, the Master Producer(you or your production company) is a work for hire for only one recording.

4. Artist promises to pay Master Producer(or production company) the following payment of the amount of
$______ for the duration of one recording.

(A)song title_____________
(b) copyright #_________
(c)publishing company( affiliation )ASCAP/BMI/ or SESAC________

5 Artist promises to make payments to Master Producer(or production company)

(A) 50% of producer fee shall be given before the signing of this production agreement and another 50% shall be given after the commencement of the final mix....(you can get 100% upfront if you want your call)

6. This Production Agreement hereby requests, instructs, authorizes, and empowers Record Company(in your case the artist) to pay Master Producer(or production company) all producer fees agreed upon.

III. Miscellaneous

7. This Production Agreement can and will be used in a court of law (city, state) in the event that there is a breach of these contractual provisions.

8. By signing this Agreement you(artist) hereby grant our publshing designee 50% of your share of world-wide copyrights for this recording.

9.The duration of this agreement commences as of the date of the contact between the Artist and the Master Producer(production company) ____ ,2002.

10. In witness where of we have entered into this written agreement as of the date above,
witness signs this day of ________________,2002.


Witness:_______________________

Master Producer: (you,or production company)___________

11. You have read and understood this Agreement and by signing in the space provided below, agree to be bound by the provisions hereof.

Agreed to and accepted.........


Artist______________________






One Love
 
Apr 25, 2002
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#9
BIG J said:
Yeah, Flat Fee, Work for Hire. But I'll check anything out, I just want something to base mine on
If you arn't selling ownership and theres no publishing or points involved, this is all you need for a flat-fee deal.


This is a contractual agreement between <name> (here and after referred to as the producer) and ________________ (here and after referred to as the purchaser) for the licensing of use of one (1) instrumental track(s) for the total amount of $1000.00 (one thousand dollars).

Production of the instrumental track(s) will not start until a non-refundable deposit in the amount of $250.00 (two hundred fifty dollars) is paid to the producer, due upon the signing of this contract. The remaining balance of $750.00 (seven hundred fifty dollars) will be due upon the completion and acceptance of the instrumental track(s).

In the event of the commercial release of this/these track(s), the purchaser shall be liable for acknowledgement of production services in written or printed form on the final product.

In the event of the sale and/or exploitation of the musical composition(s) embodying this/these instrumental(s), the purchaser and producer shall divide any resulting proceeds in a 50/50 split.

All payments shall be made with cash, cashiers check, or money order payable to <whoever>.

__________________________
(the producer) Date


__________________________
(the purchaser) Date
 
Apr 25, 2002
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#10
Re: Production contract

xCDx said:
Producer for Hire Agreement


Producer or Production company name


I. Terms

1. This is a Production Agreement this day of ____,2002,
between the Master Producer(you)(production company)______ and the Undersigned Artist_________.


II. Artist Service and Obligations


2 . The Artist has signed a recording contract with the following Record Company
_____ Records, and the date of the contract was_______2002,

3. In this Production Agreement, the Master Producer(you or your production company) is a work for hire for only one recording.

4. Artist promises to pay Master Producer(or production company) the following payment of the amount of
$______ for the duration of one recording.

(A)song title_____________
(b) copyright #_________
(c)publishing company( affiliation )ASCAP/BMI/ or SESAC________

5 Artist promises to make payments to Master Producer(or production company)

(A) 50% of producer fee shall be given before the signing of this production agreement and another 50% shall be given after the commencement of the final mix....(you can get 100% upfront if you want your call)

6. This Production Agreement hereby requests, instructs, authorizes, and empowers Record Company(in your case the artist) to pay Master Producer(or production company) all producer fees agreed upon.

III. Miscellaneous

7. This Production Agreement can and will be used in a court of law (city, state) in the event that there is a breach of these contractual provisions.

8. By signing this Agreement you(artist) hereby grant our publshing designee 50% of your share of world-wide copyrights for this recording.

9.The duration of this agreement commences as of the date of the contact between the Artist and the Master Producer(production company) ____ ,2002.

10. In witness where of we have entered into this written agreement as of the date above,
witness signs this day of ________________,2002.


Witness:_______________________

Master Producer: (you,or production company)___________

11. You have read and understood this Agreement and by signing in the space provided below, agree to be bound by the provisions hereof.

Agreed to and accepted.........


Artist______________________






One Love
Where did you get this? Just wondering because there is a lot of errors and useless information in it.
 
Apr 26, 2002
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#11
Good Shit Sick Wid It,That's exactly What I was lookin' for. So how Works, is it's just a contract to license out Beats. For example, i would keep the copyright on the beat and they(the client) would be able to use the beat for a flat fee.


In the event of the sale and/or exploitation of the musical composition(s) embodying this/these instrumental(s), the purchaser and producer shall divide any resulting proceeds in a 50/50 split.
^I'm not quite clear on this part, would it be if someone licensed the track to Another company for use, or sold it for a flat fee?
 
Apr 25, 2002
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#12
BIG J said:
Good Shit Sick Wid It,That's exactly What I was lookin' for. So how Works, is it's just a contract to license out Beats. For example, i would keep the copyright on the beat and they(the client) would be able to use the beat for a flat fee.
Yup, you keep the copyright & ownership of the music portion and they have a legal license to use it.
I'm not quite clear on this part, would it be if someone licensed the track to Another company for use, or sold it for a flat fee?
The part you're referring to here is when a 3rd party wants to use a portion (or the whole) song for stuff like compilations, soundtracks, in a tv show... playing in the background of a skit on someone elses album or whatever. Whatever price was agreed on between you, your client and the 3rd party, you and your client would split 50/50.

Since your client doesn't own the music, he can't legally sell the rights without your signature. I wouldn't really worry too much about that happening because any half-brain company is going to want proof-of-ownership from the client which he obviously couldn't supply unless it was fraudulent.

Let me know if you have any more questions.
 
Apr 26, 2002
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#13
Thanks for all the info Sick Wid It, That really helped.

Do you happen to have any examples of contracts for Producer Points, or does that aspect get little more lenghty
 
Apr 25, 2002
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#15
Re: Production contract

Sure, no problem.

==================================
Producer for Hire Agreement


Producer or Production company name


I. Terms

1. This is a Production Agreement this day of ____,2002,
between the Master Producer(you)(production company)______ and the Undersigned Artist_________.

This is basically a sales contract so you need to say what’s specifically being sold. Are you selling a “production agreement” or are you selling instrumental music tracks? Also, the date you sign a contract is not a term or condition of the contract. The date should follow your hand-written signature. All of line 1 is useless.

II. Artist Service and Obligations


2 . The Artist has signed a recording contract with the following Record Company
_____ Records, and the date of the contract was_______2002,

In your first line you state this is a deal between a “master producer” and the “undersigned artist”. The deal has nothing to do with whether or not the artist is signed to a record company, recording contract or otherwise. Line 2 has no relevance to this deal.

3. In this Production Agreement, the Master Producer(you or your production company) is a work for hire for only one recording.

You might see this in production contracts that involve signing a musician or producer to a company to be in-house but otherwise, work-for-hire is something that’s declared on the copyright forms.

4. Artist promises to pay Master Producer(or production company) the following payment of the amount of
$______ for the duration of one recording.

(A)song title_____________
(b) copyright #_________
(c)publishing company( affiliation )ASCAP/BMI/ or SESAC________

You never put promises in a contract. The whole point to using contracts is to *legally* obligate the parties involved. So, ‘the artist IS TO PAY’, not 'promises to pay'. Also, song title, copyright registration #, publishing company……all useless. The song title should specifically NOT be declared on ANYTHING. If it is, you could wind up in court trying to collect royalty payments if the name of the song was changed before it’s commercial release. Again, are you selling a song titled “whatever” or are you selling a piece of instrumental music?

5 Artist promises to make payments to Master Producer(or production company)

(A) 50% of producer fee shall be given before the signing of this production agreement and another 50% shall be given after the commencement of the final mix....(you can get 100% upfront if you want your call)

You never state 50% and another 50%. It’s always whatever % in advance/deposit/whatever (if you require one) and the “remaining balance”. Also, producers aren’t necessarily responsible for mixing the song. If he IS NOT then no reference to a mix should be anywhere in the contract. If he IS then would the artist pay the balance when he starts the final mix or finishes it? The purchaser should never pay a balance until the work is completed and approved.

6. This Production Agreement hereby requests, instructs, authorizes, and empowers Record Company(in your case the artist) to pay Master Producer(or production company) all producer fees agreed upon.

This is another useless line. It’s actually pretty funny too, let’s break it down. This line is saying: requests ‘please pay me’, instructs ‘you are to pay me’, authorizes ‘you have my permission to pay me’, and empowers ‘you now have the ability to pay me’.


III. Miscellaneous

7. This Production Agreement can and will be used in a court of law (city, state) in the event that there is a breach of these contractual provisions.

Remember, this is in essence a sales contract so how does this pertain to the sale of the product? Another useless line. Also, just because you write something up and call it a “contract”, doesn’t mean it has any legal ground to stand on. The conditions in the contract have to be legal as well.

8. By signing this Agreement you(artist) hereby grant our publshing designee 50% of your share of world-wide copyrights for this recording.

There is no such thing as a “world-wide copyright”. “The artist” is the purchaser here. Why would an artist buy music and then give away the publishing to someone else? Also, publishing rights are transferred from one party to another, not granted.

9.The duration of this agreement commences as of the date of the contact between the Artist and the Master Producer(production company) ____ ,2002.

Is this a stab at trying to establish a deadline? If not then this is another useless line. If so then it needs to state the final date the work may be delivered. Delivery means that the work was complete and the purchaser has accepted it. The only reason you would include a deadline is to include a condition if it isn’t met. Like if the work isn’t delivered by <date> then the remaining balance is forfeited, discounted, or whatever your conditions are.

10. In witness where of we have entered into this written agreement as of the date above,
witness signs this day of ________________,2002.


Witness:_______________________

Master Producer: (you,or production company)___________

11. You have read and understood this Agreement and by signing in the space provided below, agree to be bound by the provisions hereof.

Agreed to and accepted.........


Artist______________________

Again, this is a sales contract. No witness is required (or would really do you much good if you wound up in court anyways). When you sign a contract you ARE binding yourself legally, not agreeing to be bound. There is a difference.

People have a tendancy to write up cluttered, confusing & useless contracts. Contracts should be explicit and to the point. What’s being sold? Who is the seller? Who is the buyer? Are there any conditions that go along with the sale? That’s it.

In regards to this contract, I understand what the person is trying to say only because I understand production contracts. Realistically, most of this contract is useless or not worded correctly. I tried to keep the answers as short & simple as possible so they’re easy to understand. If chances are you are never going to wind up using this contract in court, no problem. The contract will never have to hold water. But if you really want to have your business in order though, better throw it out and have it re-written from scratch.

Remember, a judge isn't going to take guesses at what you meant...
 
Nov 8, 2002
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#16
I am going to be purchasing beats from people and they are going to supply me with contracts they already have the songs registered with ASCAP as instrumentals.....When I purchase these beats what should the contract consist of?
 
Apr 25, 2002
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#17
Before that can be answered, are you buying a license to use the music or buying ownership of the music? It's very important that you guys are clear about that and there is no question what-so-ever.
 
Nov 8, 2002
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#20
Sick Wid It said:
Before that can be answered, are you buying a license to use the music or buying ownership of the music? It's very important that you guys are clear about that and there is no question what-so-ever.
School me! I want to be able to use the beat and sell it on my album (as a completed song). But I dont want him sellin it to another cat! But he can claim the beat and I don't plan on sellin the beat.........He can write his name all over the back of my album if he pleases......I'll represent him I don't have intentions on doin him dirty but I don't want to get done dirty so what kind of contract is needed in this case?