Beginners Guide to Protecting your Music Productions

Hi Bruce,

Thank you so much for taking the time to help with this. I have a few beginner questions that I think many people have when they’re first starting out, especially those who are interested in “future-proofing” their careers.

I’m an audio engineer and mixer, but I’ve recently started seriously co-writing and producing music with and for artists. I’ve only worked with a few artists so far, and you could say I’m helping to develop their talent.

Where should I start if I want to create a boilerplate contract or agreement between me and the artist? I already get paid for the time we spend in the studio, but if their single or album gains traction—say over 500k streams or 5k sales—I would want to start earning royalties as well.

I’m confident in my recording engineering and mixing work, but this is a new venture for me. A lot of the research I’ve done leaves me lost in legal jargon, and I’m looking for advice that goes beyond “just ask ChatGPT to create a contract.”

Thanks for your time!

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Hi Dereck
I have to admit when I was starting out I wish I had your foresight to ask these questions. I was happy to be making minimum wage at a studio and working with many of my musical heros. Now with hindsight I realize that I should have treated my work as one would treat any long term business. You will have times where you work constantly and there will certainly be times where you can’t find a gig. It happens to everyone so as you say “future-proofing” is very wise.
How to do this depends very much on how you contribute. The simplest way to build value is if you are a songwriter to get a share of the publishing. This doesn’t require any kind of paperwork other than a split sheet that is SIGNED by all of the writers. This lays out what percentage each writer owns of the song. With this you can register your share of the copyright and you will receive royalties from all of the sources that generate income from the song. Some producers will insist on a share of the publishing simply because they are not dependent on the artist or label to account to them. After publishing you are looking at getting royalties from the sound recordings. The main sources are streaming, sync (use in film/tv and adverts), Sound Exchange (Performance on satellite) and Neighboring Rights. For Sound Exchange you need the artist to sign a simple letter of direction that has Sound Exchange pay you directly. For Neighboring Rights (if you are ex US) you need to join your local society and make sure your contribution is on the metadata or label copy. Streaming and Sync royalties are more complicated and you will need a contract. I know that lawyers seem to always be the winners in the music business but I would advise that you find one who is reasonable, ask for a fixed fee (don’t pay hourly) and have them create a simple boiler plate producer agreement in common English, tell them you don’t want legal jargon. It shouldn’t be more than a couple of pages or you have the wrong lawyer. In the end royalties from streaming and sync typically generate the most income so its important to get it right. AI might be fine for this at some point very soon but I wouldn’t trust it yet. Hope this helps.

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