QUESTION
How can I be sure that I do safe business with a band outside of the USA?
Asked on Oct 30th, 2013 on Entertainment Law - Nebraska
More details to this question:
Hi, I'm a new producer and I recently got contacted by a new upcoming artist outside of the United States. He asked if I could make an instrumental track for him and two other members. All three want to rap on the track I make for them. So, I made a beat for him and sent it out to him. The whole band liked the track. They haven't paid me or anything because I was thinking of getting attribution for that track and I was thinking of featuring him on an album I plan on releasing in the future but I haven't mentioned it to him yet nor any of business related talk, just about music. Then he tells me he wants me to be the producer for the band because they'll be the only band in his country with an American producer and he wants me to make more tracks for him. So, what are the possible options for me to make money off the music I make for the band? Also, how can I be sure I am making a safe deal with him? This is all new to me, and am very confused. All answers will be much appreciated. Thanks!
4 ANSWERS
You need to get a contract in place for all intellectual property issues, as well as other general contractual issues, such as pay schedule, profit sharing, etc. It can get quite complex since many issues will be at play, such as international law differences in copyright law, thus it would be advisable to seek out a contract attorney with intellectual property experience as soon as possible.
Answered on Nov 05th, 2013 at 5:07 AM
Theodore M. Roe
The music business is just that, a business. You should be negotiating the material aspects of the deal, i.e., how you will be paid, your responsibilities, etc. before you ever do any work. Work involving an international artist is obviously more complicated. My best advice is that you engage a qualified entertainment attorney to represent you in this and other matters. You should be budgeting for legal work. Legal work for music production is as necessary as a mixer.
Answered on Nov 05th, 2013 at 3:03 AM
Susan Marie Basko
This is the kind of music work I do and I would enjoy working with you on this. You should be registering copyright on your work. Your agreements with him and the band should involve contracts written so all of you can understand them. At very least, you should camera Skype with them so you know they are real. Also, getting even a small payment can show the dividing line between someone who respects you and someone who is just taking you for a ride.
Answered on Nov 05th, 2013 at 2:41 AM
Learning to be a producer is challenging enough without dealing with an out-of-country band. But if you must don't worry about making any more tracks for this band until you have a written signed agreement with each of the members laying out exactly what the responsibilities and obligations are for both parties, including who owns the rights to the music, how much and how often you will be paid and in what type of money (US Dollars, preferably), what the role of the "producer" is, who has final say on when the band performs live, how often they put out recorded music, who has the final cut on each song, whether the band or individual members will perform in your other projects, which country's laws apply to the agreement and/or any disbute, etc. Work out the business side of the deal first - that's the producer's number one job.
Answered on Nov 04th, 2013 at 3:24 AM