Q - Why have a 'work for hire' signed? You will, through experience, learn who you can trust. A handshake is enough.
A - I disagree -- assuming, of course, that your song actually makes some money... having a 'work for hire' agreement is essential.
It's really not that complicated, it is part of the business of songwriting to make sure you have the paperwork to support your claim that your song, and the master recording of it, wholly belong to you/the writers.
Whenever hiring musicians, singers, producer, studio engineer to create a demo of your song, you should have each person who participates sign a work for hire. This is standard. If, for example, you hire a demo service to demo your song, and don't have a work for hire signed... if that master recording gets in a film (i.e., starts making money)... the folks that worked on it could easy come after you for a share. You paid them, sure - but you have nothing in writing. This is also extremely important if you, for example, create the back-up music but hire a singer to sing the demo/master.
I always, when starting to talk to someone else about working with them, advise them I expect an agreement to be signed, whether it's a work for hire or a co-write.
Here's a sample Work for Hire (you'd have to tweak it for musicians & producer):
Work For Hire Acknowledgment
Dated as of…
SINGER’S NAME & ADDRESS
This work-for-hire acknowledgment by SINGER (I, me, my) is in connection with that certain recording project involving the production of musical composition “SONG” (the Project), featuring the work of COMPOSER (the Master). It is hereby acknowledged that I performed services as a Vocalist for the Project.
1. Ownership of the Master(s): I, for good and valuable consideration in the amount of $0.00 DOLLARS, (receipt of which is hereby acknowledged), certify and agree that all of the results and proceeds of the services of every kind heretofore rendered by me in connection with the Master created for COMPOSER is and shall be deemed a work "made-for-hire" in that it is prepared within the scope of my employment hereunder.
Accordingly, I further acknowledge, certify and agree that COMPOSER is and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the world of all the rights of any kind comprised in the copyright thereof (expressly including the copyrights in and to the Master and any renewal or extension rights in connection therewith), and of any and all other rights thereto, and that COMPOSER shall have the right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as COMPOSER determines.
I hereby irrevocably and unconditionally waive any and all moral and like rights that I may have in the Master and the performances and/or the musical composition embodied therein and I hereby agree not to make any claim against COMPOSER or any party authorized by COMPOSER to exploit the Master based on such moral or like rights.
To the extent that I may be deemed the "author" of the Master, I hereby grant and assign to COMPOSER all rights of every kind and nature whether now or hereafter known or created throughout the universe in perpetuity.
In connection therewith, I hereby grant to COMPOSER the exclusive worldwide right in perpetuity to manufacture, sell, reproduce, adapt, distribute, transmit, communicate and otherwise use the Master in any form and by any method now or hereafter known, including, without limitation, via cable transmission, satellite transmission, electronic transmission, transmission via the Internet (including any promotional or commercial downloads), and advertise phonograph records or other reproductions (visual and non-visual) embodying the Master, to lease, license, convey or otherwise use or dispose of the Master by any method now or hereafter known, in any field of use, to release phonograph records or other reproductions embodying the Master under any trademarks, trade names, or labels, to perform such phonograph records or other reproductions publicly, and to permit the public performance thereof by means of radio or television broadcast, cable transmission, satellite transmission, electronic transmission, or any other method now or hereafter known, all upon such terms and conditions as COMPOSER may approve, and to permit any other person, firm, or corporation to do any or all of the foregoing or may refrain from doing any and all of the foregoing.
2. Name and likeness: I hereby grant to COMPOSER the right to issue and authorize publicity concerning me and to use my name, voice, performance and approved likeness and approved biographical data in connection with the distribution, exhibition, advertising, and exploitation of the Master produced during the Project. I shall exercise approvals hereunder reasonably and within five (5) days after request by me, or such approvals shall be deemed given.
3. Ownership of Musical Composition: The services rendered by me shall be deemed not to be a contribution to the writing of any music or any lyrics embodied in the underlying musical compositions contained on the Master, and I hereby waive any and all rights with respect to the copyright of any underlying musical compositions embodied on the Master. Accordingly, I agree not to make any copyright claim for authorship or any portion thereof, including any claim for authorship of the lyrics, the music or both.
Executed as of date:
AGREED AND ACCEPTED: _________________________________________
SINGER / MUSICIAN / PRODUCER
Friday, December 23, 2005
Sunday, December 11, 2005
"Poor Man's Copyright" is NOT recommended
I can't tell you how many posts I see asking about copyright. It surprises me that something so fundamental to our work as artists is so misunderstood. It actually is very very easy to copyright your works. But you do have to take the time to fill out forms accurately, prepare your 'deposit material', and enclose the correct fee.
Fact #1 - as soon as you create something in tangible form (written, audio, etc) it is considered copyright - but you need to be able to prove that you created it on a specific date.
Fact #2 - sending your work to yourself as Registered Mail is NOT copyright protection. The "poor man's copyright' has not held up in a court of law, because there is no way to prove the 'evidence' was not tampered with - one could even perhaps have sent oneself an empty envelope & put the stuff in later.
Fact #3 - You need to have your works held by a 3rd party. And it isn't that hard, or that expensive.
I've actually found it more cost-effective to register my works as collections with the US Library of Congress for one $45US fee, either:
- form PA to register Words & Music only (most common)
OR
- Form SR as a 'author of music, words & sound recording'. That registers both the underlying work & the master sound recording under my name. I would only use form SR if you have a master recording that you intend to try to place in film/tv.
NOTE - form SR can also be used to register JUST the sound recording. If, for example, I recorded a COVER song (with appropriate licencing, of course), I could register my PERFORMANCE of it as a sound recording.
COMPLETING THE FORM FOR A 'COLLECTION'
-in Section 1, under 'Title of this work' put in a name for your collection, and then list the songs - "Collected Works of Miss Vikki, Jan to Mar 05: #1-Hi, #2-Bye, #3-Aloha", etc. [by the way, unless you are a music publisher your work is "unpublished" (it will be "published by the recording company or music publisher that purchases performance rights from you)]
NOTE - if one of the songs in the collection is picked up, you need to specify, in the contract, that you are only licensing the use of that particular song and not the entire collection.
NOTE - you'll need to remember which collection each song was registed in. I personally make a file folder for each song. On the inside front cover, I write down the date it was created, the date the copyright form was sent, and the name of the collection the song was a member of for the copyright. I keep all the lyric notes & copies of the forms I've sent, etc, in that file.
IT IS WORTH-WHILE
The great advantage to filing with the Library of Congress is that, not only is your work copyrighted, but if someone does steal something from you and you win your case, you will get all your court costs & lawyers fees covered AND $100,000 to $150,000 for EACH infringment of your copyright.
By the way, if you live outside the US, don't send your country's postal orders to the Library of Congress, they won't accept them. It has to be a bank draft.
Fact #1 - as soon as you create something in tangible form (written, audio, etc) it is considered copyright - but you need to be able to prove that you created it on a specific date.
Fact #2 - sending your work to yourself as Registered Mail is NOT copyright protection. The "poor man's copyright' has not held up in a court of law, because there is no way to prove the 'evidence' was not tampered with - one could even perhaps have sent oneself an empty envelope & put the stuff in later.
Fact #3 - You need to have your works held by a 3rd party. And it isn't that hard, or that expensive.
I've actually found it more cost-effective to register my works as collections with the US Library of Congress for one $45US fee, either:
- form PA to register Words & Music only (most common)
OR
- Form SR as a 'author of music, words & sound recording'. That registers both the underlying work & the master sound recording under my name. I would only use form SR if you have a master recording that you intend to try to place in film/tv.
NOTE - form SR can also be used to register JUST the sound recording. If, for example, I recorded a COVER song (with appropriate licencing, of course), I could register my PERFORMANCE of it as a sound recording.
COMPLETING THE FORM FOR A 'COLLECTION'
-in Section 1, under 'Title of this work' put in a name for your collection, and then list the songs - "Collected Works of Miss Vikki, Jan to Mar 05: #1-Hi, #2-Bye, #3-Aloha", etc. [by the way, unless you are a music publisher your work is "unpublished" (it will be "published by the recording company or music publisher that purchases performance rights from you)]
NOTE - if one of the songs in the collection is picked up, you need to specify, in the contract, that you are only licensing the use of that particular song and not the entire collection.
NOTE - you'll need to remember which collection each song was registed in. I personally make a file folder for each song. On the inside front cover, I write down the date it was created, the date the copyright form was sent, and the name of the collection the song was a member of for the copyright. I keep all the lyric notes & copies of the forms I've sent, etc, in that file.
IT IS WORTH-WHILE
The great advantage to filing with the Library of Congress is that, not only is your work copyrighted, but if someone does steal something from you and you win your case, you will get all your court costs & lawyers fees covered AND $100,000 to $150,000 for EACH infringment of your copyright.
By the way, if you live outside the US, don't send your country's postal orders to the Library of Congress, they won't accept them. It has to be a bank draft.
Sunday, December 04, 2005
mucus build-up is affecting my singing
Q: I have this ongoing and persistent problem wih mucus build up, and a constant need to clear my throat. It's especially prevelent my first 5 or 6 songs of the evening {I do all the things I should, like avoiding dairy, and doing vocal warm-ups}. It's more annoying than anything, although it sometimes presents itself at bad times, like when I'm reaching for a high note, I'll yak up a hair-ball! (Ohio)
A: Have you checked with your doctor to rule out any chronic things that might affect the voice... ear infection, sinus problem, etc?
In terms of singing technique it's hard to help without seeing you. It could be that the typical 'apprehension' we all feel when approaching a performance is manifesting itself physically in ways that you are so used to you aren't aware of it.
If you're singing with a mic, make sure the mic is located beneath you and reaches up to your lips, so you don't have to lift your head. Also, make sure you are not pushing the voice for volume... phrases should be initiated gently, on the moving breath.
Keep all your words within the frame of an open 'oh' vowel - try to avoid singing in shapes that are wide & flat, sing in shapes that are tall and round. Looking for a 'round' sound focuses the tone and has less affect on the vocal chords.
My doc told me singers need to drink 8 glass of water per day to thin the mucus. Also avoid coffee & some teas.
If possible, have a couple of sessions with an Alexander Technique practitioner. I'm of the opinion that, excluding medical conditions, your problem is caused by residual tension & (sorry) incorrect singing.
One thing you can do right now is sing the 5 or 6 songs you plan to start with -- all on 'boh, boh' boh', looking in the mirror to be sure your shoulders are down/relaxed, that your head is in a neutral position (chin not lifted), that you are pursing the lips slightly in a round 'o' shape. The 'b' helps move the voice forward, the shape helps focus the tone, your observation in the mirror helps you become more aware of your typical habits. In particular, do this on the phrases that go up to the high notes that you speak of -- I'll bet you dollars to donuts that you will see yourself stretching.
When going 'up' to a note, you need to 'picture' it beneath you, not above you. Practice this by singing the phrase on 'boh boh boh' with a good shape and BEND YOUR KNEES as you travel up to the note. Also work on singing more 'legato' - with a sense that the PHRASE is fluid & the pitches are part of that fluidness (sing like you imagine a violin or cello would play the line), and the energy you sing it with never slows... a good way to practice that is to walk forward with purpose as you are singing up the scale. Too often we slow the energy by going up steps, closing the jaw, and stretching.
I hope that helps a little.
A: Have you checked with your doctor to rule out any chronic things that might affect the voice... ear infection, sinus problem, etc?
In terms of singing technique it's hard to help without seeing you. It could be that the typical 'apprehension' we all feel when approaching a performance is manifesting itself physically in ways that you are so used to you aren't aware of it.
If you're singing with a mic, make sure the mic is located beneath you and reaches up to your lips, so you don't have to lift your head. Also, make sure you are not pushing the voice for volume... phrases should be initiated gently, on the moving breath.
Keep all your words within the frame of an open 'oh' vowel - try to avoid singing in shapes that are wide & flat, sing in shapes that are tall and round. Looking for a 'round' sound focuses the tone and has less affect on the vocal chords.
My doc told me singers need to drink 8 glass of water per day to thin the mucus. Also avoid coffee & some teas.
If possible, have a couple of sessions with an Alexander Technique practitioner. I'm of the opinion that, excluding medical conditions, your problem is caused by residual tension & (sorry) incorrect singing.
One thing you can do right now is sing the 5 or 6 songs you plan to start with -- all on 'boh, boh' boh', looking in the mirror to be sure your shoulders are down/relaxed, that your head is in a neutral position (chin not lifted), that you are pursing the lips slightly in a round 'o' shape. The 'b' helps move the voice forward, the shape helps focus the tone, your observation in the mirror helps you become more aware of your typical habits. In particular, do this on the phrases that go up to the high notes that you speak of -- I'll bet you dollars to donuts that you will see yourself stretching.
When going 'up' to a note, you need to 'picture' it beneath you, not above you. Practice this by singing the phrase on 'boh boh boh' with a good shape and BEND YOUR KNEES as you travel up to the note. Also work on singing more 'legato' - with a sense that the PHRASE is fluid & the pitches are part of that fluidness (sing like you imagine a violin or cello would play the line), and the energy you sing it with never slows... a good way to practice that is to walk forward with purpose as you are singing up the scale. Too often we slow the energy by going up steps, closing the jaw, and stretching.
I hope that helps a little.
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