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Standard royalty fee for producing?

Discussion in 'Composing / Producing / Arranging' started by midnight77, Dec 19, 2002.

  1. midnight77

    midnight77 Guest

    I have recently finished producing an album for a local artist where i was paid a flat fee which included some engineering and studio time.
    Is there a standard royalty fee that i should have also added to the contract and if so, is there a standard producers contract form that can be downloaded somehow?
  2. David French

    David French Well-Known Member

    Aa a writer, you should be entitled to 25% of the total royalties ( Publishing company gets 50%, each writer gets 50/[number of writers]). If you are not a writer, you are not entitled to any performance royalties. If you have a publishing company (by virtue of being affiliated with a performance rights organization like BMI) and the artist does not have a publishing company, you could offer the artist puiblication of the songs though your company. This way, you could get an automatic 50% of the royalties.

    If you are not anticipating airplay, you don't need to worry about royalties.
  3. Kurt Foster

    Kurt Foster Distinguished Member

    What David wrote is not correct. (sorry David) There is a very good article on this in Roger Nichols column in the December 2002 issue (issue twelve) of EQ magazine. Engineers and Producers do have copyright protection available. The form to use is called form TX for literary work and compilations. The article is waaay to involved to transcribe here but I encourage you to go get a copy quick before it is off the news stand. Producers do have rights, due to new legislation enacted in the past few years. David most likely hasn't heard about this yet, it is a new development. This is reflected in the disclaimers that are now printed on cds stating "All rights of the producer are protected". You need to research this. Good luck, Fats

    It's my opinion, I'll play with it if I want to!
  4. John Sayers

    John Sayers Active Member

    A producer is entitled to a royalty fee - usually around 2%-4% of retail often referred to as Points.

    The big question is who do you sign with?? the Band or the record label.
    I recommend that you sign with the Label as the band mightn't be around tomorrow. ;)

  5. Kurt Foster

    Kurt Foster Distinguished Member

    A lot of times the way it happens is it's the producer who brings the project to the label. Record labels like to deal with producers for the reason John sited...bands come and go but producers are usually around for a while. Also producers will usually have a more realistic take on things and will be more senseable in dealings. Like Chichi says in "The Godfather"... "yeah senator, lots of buffers! The family has lots of buffers!" ............. Fats
  6. David French

    David French Well-Known Member

    Michael, sorry for any misinformation. I just wanted to help and I told you the truth as I understood it.

    Fats, I thought he meant just royalties, not copyright too (that's all he asked about). Am I still wrong when my answer involves only performance royalties?
  7. audiowkstation

    audiowkstation Active Member

    I try for 3 points myself
  8. Kurt Foster

    Kurt Foster Distinguished Member

    Anything contributed to a project is subject to copyright protection now. This includes mix moves by an engineer. You really should go get a copy of that Roger Nichols column before it is off the newsstands. In regards to royalties for producing, I ask bands and artists for 16% of their piece of the pie. I will clarify this.

    A good deal from a record label is at best usually 20% of MSLP/ SLRP (manufactures suggested list price / suggested list retail price)to the artist. I ask for 16% or 1/6th of the 20%. It gets a little confusing. :D All in all it usually ends up to be about 2 to 4 points of the whole deal.

    I like to break it down like I just did to protect everyone (myself included) in the deal. Hope that helps. .......... Fats

    It's my opinion, I'll play with it if I want to!
  9. soundguy

    soundguy Guest

    damn, I missed this article... Can anyone post a scan maybe? Gee, did I just ask someone to infringe a copyright so I can learn how to protect my own rights? Ack...

    So we are entitled to a TX, but what protection does this offer in terms of our contribution to a session. If you are both producing and engineering and arranging, that would be a lot to cover..

  10. Kurt Foster

    Kurt Foster Distinguished Member

    If you are making musical and intellectual contributions, then you are entitled to protection as well. If your writing or contributing to the writing of the material then you should be claiming publishing and songwriting credits and filing for those copyrights as well. You should do this in spite of any copyrights that have been filed previously. If your contribution makes a significant change to the piece it needs to be documented at what point it occurred and what the nature of said change was. You should be able to contact EQ's archive and get a copy of this.


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