'work for hire' agreements

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