"Work for hire" Need advise on working with session singers

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moffdnb
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2012/02/16 15:13:10 (permalink)

"Work for hire" Need advise on working with session singers

Hi all,

I've found a potentially great singer and he seems to be happy enough with getting a payment on a "Work for hire basis".  I've just been asked now if the track was to be picked up by TV or manages to sell allot, what would happen then.

Now I suspect he is seeing if he can agree on getting a % of royalties also (if it was successful).  I can understand this but I'm a little cautious as I'd prefer a one off "Work for hire" and leave it at that.

I'm looking for some advice on how best to answer him.  I have written the Music and Lyrics and the guide melody and his contribution will only be as a session singer.  So I really feel like offering him a % also would be selling myself short.  


Any advice on how best to negotiate this without sounding stingy or alienating him from what I consider a reasonable agreement as it is?


Much thanks for any help,
Ste
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    Guitarhacker
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    Re:"Work for hire" Need advise on working with session singers 2012/02/16 15:29:24 (permalink)
    So yes... you will need a work for hire agreement signed. You should always agree and sign it before the studio work begins. 

    How the details work is between you two. 

    You can pay him a straight up session fee for the song. He sings it and gets his pay. Normally between $50 to $150 depending on the amount of work. He signs away ALL his rights to get that paycheck. What you do with it then is all yours. He has no future interest in the song and no rights to it. The agreement should specify that clearly.  He's selling you his rights...all of them.

    OR....

    You can agree to give him a percentage of future potential income.....if any.  I have worked this sort of agreement with a few singers. We drew up an agreement and signed it, that I had complete control and all rights to exploit the song. They had no rights to use the song. they received no money for the session work BUT they were entitled to a fixed percentage of income from the song as a session singer, with no claim to ownership or writing credits. If the song is published, used in film & TV or recorded by an artist, they will make far more than they would have made if they had simply been paid as a session singer. 


    Some singers will go for that and some will not. If they are working session singers, they will likely want cash up front and not worry with the residuals. A friend who is local, sings well, and is not singing for a living is more likely to take the percentage offer. 

    That is how the business operates. Nothing stingy about it. You could send your backing track with a rough vocal and copy of the lyrics to any demo studio in Nashville Tn, and have a pro demo singer sing it for under $100 and they would sign the agreement stating that they relinquish any and all claims to the music. That's a fact!  Session singers work cheap, and you can get one all day long under $100 for a song.... They figure about 1 hr to lay it down and get it right. 


    If he starts to sound like he's changing his mind and getting greedy.....like wanting up front and a percentage..... tell him nicely that you thank him for the time he did singing, but that is not going to happen.....especially if he's already been paid. 

    Of course... it's totally up to you....and if he's a really good singer and helps with writing too.... it may be worth the percentage.

    post edited by Guitarhacker - 2012/02/16 15:32:19

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    "Just as the blade chooses the warrior, so too, the song chooses the writer 
    #2
    moffdnb
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    Re:"Work for hire" Need advise on working with session singers 2012/02/16 16:02:34 (permalink)
    Thanks Ghacker.  That is excellent advice indeed.  I could be being a little over cautious about it as we have yet to do the work but I just hope to answer him in a proper fashion.


    That "Work for Hire" agreement you mentioned.  Is that a generic document or did you create it yourself?.  I wondering do you know where I may be able to find such a template document?  Obviously I tailor it to my needs.


    A sincerest thanks for you advice.  This is all a little new to me.  So appreciated!
    #3
    Guitarhacker
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    Re:"Work for hire" Need advise on working with session singers 2012/02/16 16:21:16 (permalink)
    I found some online and made some modifications to them...check your PM. 

    My website & music: www.herbhartley.com

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    #4
    moffdnb
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    Re:"Work for hire" Need advise on working with session singers 2012/02/16 18:16:22 (permalink)
    Great!
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    quantumeffect
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    Re:"Work for hire" Need advise on working with session singers 2012/02/17 02:10:31 (permalink)
    Here is a song that I had recorded for me several years ago through a Nashville studio  ... exactly as guitarhacker described.  The whole thing cost me $130 without giving up any rights.  Listen to the quality of the vocals.

    http://www.soundclick.com/player/single_player.cfm?songid=7736225&q=hi&newref=1

    Dave

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    moffdnb
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    Re:"Work for hire" Need advise on working with session singers 2012/02/17 06:40:59 (permalink)
    Thanks Quantum.  Yes quality vocal alright.  Something I may keep in mind for sure...
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    Guitarhacker
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    Re:"Work for hire" Need advise on working with session singers 2012/02/17 08:21:43 (permalink)
    The cool thing about recording in Nashville in the many demo studios there....

    First, the sheer number of studios and singers all seeking jobs, keeps prices quite low.

    Second, the majority of the singers there are trying to make a career in country music. 

    Folks like Trisha Yearwood and Garth Brooks among many, many other big stars ALL worked in the demo studios singing on hundreds of demos before becoming big stars in their own right. 

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    krizrox
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    Re:"Work for hire" Need advise on working with session singers 2012/02/17 12:59:07 (permalink)
    I'm no expert but here's how it usually works here: work for hire you get paid you do your thing and leave. Most session guys are happy with this arrangement. It doesn't get complicated until the session guys are starting to help with the arrangements or doing actual song writing. Then they deserve either more money up front or a back-end taste. Yes then you want something in writing. I don't know about the boilerplate contracts on the internet. Best to get something from an actual attorney who is fluent in the music biz lingo. Check the ASCAP or BMI licensing websites they usually explain this in better detail. Shouldn't be hard to find a lawyer with a quick Google search. Since hardly any of my clients are making any significant money selling music, it's a non issue. In the big leagues it's an issue. I understand that. But for weekend warrior work, I discard those who get greedy and find other session guys. Oddly, it seems like the guys with the most schooling are the easiest to deal with. It's the local yokels with delusions of grandeur you have to watch out for.

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    samclem
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    Re:"Work for hire" Need advise on working with session singers 2017/04/11 04:41:19 (permalink)
    Oh dear ,sometimes it can get so dramatic especially when it comes to the "work for hire term" am glad i was able to get a songwriter/composer and singer who was able to write and sing a song as a gift for my wife on her birthday and also created a beautiful music for my youtube page,
    Now i breathe free whenever i need a songwriter/singer as he is now my official songwriter/singer . for anything atall, i am confident and relaxed as i dont have any problem with agreements or wanting to get a % for royalties as its all "work for hire" 
    #10
    AT
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    Re:"Work for hire" Need advise on working with session singers 2017/04/11 13:57:47 (permalink)
    Welcome to the wonderful world of a producer.
     
    Just be sure to include "across the whole universe and for all time." That became boiler plate back in the 80s for work for hire - I signed some of those contracts on both sides of the agreement.

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    Randy P
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    Re:"Work for hire" Need advise on working with session singers 2017/04/11 14:10:36 (permalink)
    I'll answer your question regarding "how to answer him".
     
    "I'm sorry, but this is a hire for work arrangement. As you (the singer) didn't write the song or pay for any of the production costs, and hold no publishing rights, I'll be paying you for your time and talent for recording the vocal. If this isn't acceptable to you, I'm quite confident I can hire someone else". (last sentence is optional)
     
    I've been on both sides of this thing, and here's what inexperienced talent doesn't understand. This is BUSINESS! You're both learning something about how it works. This stuff has to be handled up front. It should be negotiated and both parties should sign legal documentation before a note is played. 

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    Slugbaby
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    Re:"Work for hire" Need advise on working with session singers 2017/04/11 18:48:39 (permalink)
    I'm hiring a sax player to play on 3 of my tracks.  I'm actually paying a studio to mix my album, and we decided to have someone play the synth-sax lines i had recorded.  I'm not paying her at all, I'm paying the studio an hourly rate (for time, not creative input) and they are paying her.
     
    For my expectations, i think signing off is overkill.
    And if worst comes to worst (i become popular or respected), I do have the copyright and date-stamped recordings showing my playing exactly what she will be playing.

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    patm300e
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    Re:"Work for hire" Need advise on working with session singers 2017/04/12 11:41:09 (permalink)
    Slugbaby
    I'm hiring a sax player to play on 3 of my tracks.  I'm actually paying a studio to mix my album, and we decided to have someone play the synth-sax lines i had recorded.  I'm not paying her at all, I'm paying the studio an hourly rate (for time, not creative input) and they are paying her.
     
    For my expectations, i think signing off is overkill.
    And if worst comes to worst (i become popular or respected), I do have the copyright and date-stamped recordings showing my playing exactly what she will be playing.




    But what is she "messes" up and you decide to keep THAT take with the unplanned "mistake" that truly is amazing?  CYA is the way I see it... (Cover Your A..)
     

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    Slugbaby
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    Re:"Work for hire" Need advise on working with session singers 2017/04/12 12:50:00 (permalink)
    Fair point Patm.

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    bapu
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    Re: "Work for hire" Need advise on working with session singers 2017/04/12 22:12:19 (permalink)
    moffdnb
    Hi all,

    I've found a potentially great singer and he seems to be happy enough with getting a payment on a "Work for hire basis".  I've just been asked now if the track was to be picked up by TV or manages to sell allot, what would happen then.

    Now I suspect he is seeing if he can agree on getting a % of royalties also (if it was successful).  I can understand this but I'm a little cautious as I'd prefer a one off "Work for hire" and leave it at that.

    I'm looking for some advice on how best to answer him.  I have written the Music and Lyrics and the guide melody and his contribution will only be as a session singer.  So I really feel like offering him a % also would be selling myself short.  


    Any advice on how best to negotiate this without sounding stingy or alienating him from what I consider a reasonable agreement as it is?


    Much thanks for any help,
    Ste

    Airgigs.com is a pure work for hire site. After you audition their audio (or video) examples you pay one price up front for them to do your song. Each artist sets the amount of changes you can get for that price and their turn around time.
     
    I've used two people there so far and I'm very pleased with the results.
     
    Check that out.
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    bapu
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    Re:"Work for hire" Need advise on working with session singers 2017/04/12 22:17:45 (permalink)
    Try airgigs.com (can't post link as it deletes the post).
     
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    Jeff Evans
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    Re:"Work for hire" Need advise on working with session singers 2017/04/12 23:45:11 (permalink)
    It is very clear cut. If you have written the music and the lyrics then you do NOT have to pay anything other than the session fee. If the song is successful it is because of your composition not their singing. Anything other than this is getting way over complicated. Also you will make more money as well.

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    tlw
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    Re:"Work for hire" Need advise on working with session singers 2017/04/14 21:33:36 (permalink)
    Whatever is not specified in a written contract is open to disagreement, challenge and expensive disputes later.

    Many, many musicians have found that out to their cost. Don't join them.

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    tlw
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    Re:"Work for hire" Need advise on working with session singers 2017/04/14 21:33:36 (permalink)
    Whatever is not specified in a written contract is open to disagreement, challenge and expensive disputes later.

    Many, many musicians have found that out to their cost. Don't join them.

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    #20
    robert_e_bone
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    Re:"Work for hire" Need advise on working with session singers 2017/04/28 02:51:47 (permalink)
    I would suggest that you consider offering crediting the musician/vocalist - for someone wanting to make a name for themselves that might be a reason that they might consider taking less money for their performance.  Bands have done that for eons.
     
    It is also definitely a good idea to get it all worked out prior to the session(s).
     
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    Slugbaby
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    Re:"Work for hire" Need advise on working with session singers 2017/04/28 13:20:23 (permalink)
    robert_e_bone
    I would suggest that you consider offering crediting the musician/vocalist - for someone wanting to make a name for themselves that might be a reason that they might consider taking less money for their performance.  Bands have done that for eons.
     

    I do that anyway - just thought it was honest.  I don't want someone thinking that I'm saying I can play the piano as well as what's on the record.  It wasn't me, it was John.
    And I've always been credited when I've played on someone else's project.  Even if it was just a tiny guitar lick, they've added my name to the album credits.  I thought that was the norm.

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