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Old 02-14-2009, 12:17 PM   #1
jonespnice
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Default I want to sell my songs, anyone have suggestions?

In the past I have sold a lot of songs to local rappers/singers/and producers. I've usually sold them from $150-$200 but I never used any paperwork, nothing that states the terms (clarifing my rights). I want to have a contract that will establish that if the client sells a hugh amount of recordings (1000+) that they will have to pay royalties (like if I sold it to a actual record label). I hope this makes sense what I'm trying to say.
Does anyone know of a contract that I can download that will accomplish this?
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Old 02-14-2009, 03:55 PM   #2
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*bias: i do not have any real experience in this situation*

BUT i would talk to a lawyer who knows what they are doing

because if you put something together yourself, then they go and sell millions of a beat you produced THEY are going to be able to afford a lawyer who will be able to destroy your contract

it sucks, but it seems pretty inevitable
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Old 02-14-2009, 05:51 PM   #3
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Quote:
Originally Posted by prolapse View Post
*bias: i do not have any real experience in this situation*

BUT i would talk to a lawyer who knows what they are doing

because if you put something together yourself, then they go and sell millions of a beat you produced THEY are going to be able to afford a lawyer who will be able to destroy your contract

it sucks, but it seems pretty inevitable
Makes sense, I guess I will go and get a lawyer. I just didn't want to have to pay all that money if there was a standard contract template floating around. Thanks.
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Old 02-15-2009, 02:19 AM   #4
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Default Copyright your stuff!!

Not exactly the "contract" you are looking for, but hey, if it's worth worrying about, then it's worth owning the U.S. Government Copyright on each of your songs.
It will cost you $35 bucks a tune/song/play/book/poem...whatever.
Go to the copyright.gov website, take the tutorial on how to register a new "claim" and how to upload your song as an MP3 (you no longer have to have a copyist do a "chart")

Here you go---it's easy >> http://www.copyright.gov

After you've registered your copyright they will send you an official certificate of ownership on each song.

Simple, easy, no worries and it's a LOT cheaper than a lawyer. However, if someone rips you off, you'll still have the expense of a lawyer, BUT, you'll probably come out OK since you will be able to prove the song belongs to you---Good luck!

Last edited by Yfoiler; 02-15-2009 at 02:25 AM.
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Old 02-15-2009, 07:26 AM   #5
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Thank you Yfoiler I will do that, but I also want something official (paperwork) between me and the client.
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Old 02-15-2009, 08:39 AM   #6
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well.....just my two cents..., but in the first place...congrats for being able to sell your work. Here is the way I think it breaks down though.....if you sell you material...cash up front....then I don't believe you are entitled to any future royalties. You would need to be careful how you word it in the contract....the money up front, could be use to "Tie Up The Deal"...and then you get your future royalties. It's all in the wording.

Now......as far as a lawyer goes.....most lawyers don't know "shit" about the music business....so, make sure you get a Lawyer that is familiar with the music business. You should be able to do a google search and come up with a ton of generic contracts....(I'm only guessing)

But since you are selling your work, then you probably should be copyrighting them. You can do groups of songs...or one song at a time...but, it's my understanding that if you do a "group" of songs together, that there are restrictions as to what you can do with songs from that point on....(as far as having different artists do them)

anyway.....good luck!
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Old 02-15-2009, 01:44 PM   #7
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Am I alone in thinking you can't "sell" anything and still own it?

Whenever I have sold anything in the past I ceased to be the owner, and the new owners could do as they liked with the thing they "bought" from me.

If it were land or a car I think it would be leasing.
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Old 02-15-2009, 01:58 PM   #8
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Quote:
Originally Posted by Tedwood View Post
Am I alone in thinking you can't "sell" anything and still own it?

Whenever I have sold anything in the past I ceased to be the owner, and the new owners could do as they liked with the thing they "bought" from me.

If it were land or a car I think it would be leasing.
Hello Tedwood,
I am speaking in the sense of selling your songs like a songwriter would sell a song to atlantic records, he would receive royalties off every sale. What I'm trying to protect myself against is selling a song for $200 bucks to someone and they luck up and get a major record deal (go platinum) and make millions and I'm sitting at home kicking myself in the butt because I wasn't smart.
I know this scenario is a bit far fetched but you never know.
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Old 02-15-2009, 02:32 PM   #9
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Quote:
Originally Posted by Tedwood View Post
Am I alone in thinking you can't "sell" anything and still own it?

Whenever I have sold anything in the past I ceased to be the owner, and the new owners could do as they liked with the thing they "bought" from me.

If it were land or a car I think it would be leasing.
Cars don't come with performance rights or residuals, there, bud.

OP - go see a lawyer.

Registering copyright proves you to be the writer, but it doesn't override an oral agreement between you and a producer or future Timbaland. A lawyer knowledgeable in the industry can help you devise a contract/agreement that you could use for any new client. The point was made above, and it's a really really good one - if one of your songs blows up under someone else's name, guess who'll be able to afford a high dollar lawyer?

You should prolly also join ASCAP or BMI, they can refer you to a lawyer as well.
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Old 02-15-2009, 03:11 PM   #10
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Quote:
Originally Posted by hux View Post
Cars don't come with performance rights or residuals, there, bud.

OP - go see a lawyer.
Probably you can't copy them and claim that it as your design though, that's the point isn't it, you buy a work of art and you own it, like I buy a record it's mine but I can't copy it. It's the rights that matter, not the actual property.

I just think you need to be very precise about what you mean when you use those words because it seems they can mean many things
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Old 02-15-2009, 03:18 PM   #11
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jonespnice,

Check your private email.
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Old 02-15-2009, 03:46 PM   #12
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You should talk to a music lawyer about this. Alot of possibilities I would think.
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Old 02-15-2009, 05:10 PM   #13
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It's a standard scenario covered by standard contracts and legal framework. Any decent music industry lawyer will have no problem with it. The OP is simply songwriter.
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