Digital Rodeo | your country community

Mon. April 21, 2008 song contract pointers
From: rjsongwriter on Today at 11:23 AM return to inbox The following list, taken from a Songrwiter's Guild of America publication, enumerates the basic features of an acceptable songwriting contract:

1. WORK FOR HIRE. When you recieve a single song contract, the phrases "employment for hire," and "exclusive writer agreement" are NOT included. Also, there should be no options for future songs.

2. PERFORMING RIGHTS AFFILIATION; all performance royalties must be recieved directly by you from your performing rights organization (ASCAP, BMI, SESAC). THis should be wrriten into your contract.

3. REVERSION CLAUSE. The contract should include a provision that if the publisher does not secure a release of a commercial sound recording within a specified time (one year, two years, etc...), the contract can be terminated by you.

4. CHANGES IN THE COMPOSITION. If the contract includes a provision that the publisher can change the title, lyric, or music, this should be ammended so that only with your consent can such changes be made.

5. ROYALTY PROVISIONS. You should recieve 50% of all publisher's income on a licenses issued. If the publisher prints sheet music, your roayalty should be 10% of the wholesale selling price. The royalty should not be stated in the contract as a flat rate ($.05, $.07, etc...).

6. NEGOTIABLE DEDUCTIONS. Demo's, and other expenses of publication should be paid 100% by the publisher. The only allowable fee is for the Harry Fox Agency collection fee, whereby the writer pays one half of the amount charged to the publisher for mechanical rights.

7. ROYALTY STATEMENTS AND AUDIT PROVISIONS; Once the song is recorded, you are entitled to recieve royalty statements at least once every six months. An audit provision with no time restrictions should also be included in every contract.

8. WRITER'S CREDIT : The publisher should make sure that you recieve proper credit on all uses of the composition.

9. ARBITRATION: In order to avoid large legal fees in case of a dispute with your publisher, the contract should include an arbitration clause.

10. FUTURE USES: Any use not specifically covered by the contract should be retained by the writer to be negotiated as it comes up.

comments

This entry has no comments, be the first!