A UK based (unsigned) artist wants to record one of our songs - what do we do now?

ZV Yoda

I know it's not the right forum for posting this question, but I think some folks here could help point me/us in the right direction…;)

We’re not a gigging act & don’t intend to be (mortgages, wives, kids, goldfish, budgies etc). Our intention is to work towards some kind of publishing deal where we get to write/record our own stuff (in our home studios) & then ideally get a major artist to pick up on our music. At present, we have no formal contracts/legal representation/management, although we have already discussed/agreed/documented between us how we will spilt any proceeds from the songs.

We’ve just been approached by a UK based artist who wants to record one of our songs on her album. She contacted us via ISA (a website we joined for hooking up composers with artists). She’s not signed to a major label & looks to be self funding her album. From what we can gather, she seems to have some kind of small indie-type publishing company/record label. She has also indicated interested in a second song, but wants to see how the first one goes for her in the studio.

Anyway, long story short, we’re not really sure how to proceed. She has asked us what our terms are re exclusivity, etc & has said that she may even want to use some of our individual instrument tracks (possibly mixing original tracks with her own musicians to give the album a more uniform feel, so there could be some “non-featured artist royalties” too).

My view on the music biz is “assume everybody is out to rip you off until otherwise proven”. She may well be a genuine artist, but I’d like to see if anybody out there has any thoughts on how to proceed. As things stand now, we haven’t committed to anything, but just asked her to send on a proposal so that we can make a decision.

Thanks!

DamagedTrax

at this stage (dealing with an independently funded release) i would look at a one off payment for the track aswell as the royalties from the physical recordings she uses, you looking for any more then that may put her off the idea.

as for exclusivity thats entirely down to yourselves and your opinion of the song. do you feel its a great track with huge potential or do you feel that its more of an album track and making a small amount from it is something that you'd be happy with?

in the end the possible success can be dependent on her distro and the label that are releasing it. good marketing and good distro can bring a lot of return for a self funded album and if thats the case you could pitch for a better deal.

Neurojazz

Usually your publisher would liaise/handle this sort of situation - they'd keep tabs on what happens and arrange the deal for usage and agree on % splits.

If you don't have a publisher, then unless you have a great lawyer you are open for abuse - the situation could be innocent, but if your'e tendering material out for use you need a publisher protecting your rights.

studiorat

As long as the song hasn't been commercially released she can't record it or more importantly release it without your agreement.

There's no reason you couldn't leave her tear away at it with provision not to release it until you make an agreement, if it's not in public domain cause it hasn't been released she can't release it without your permission.

As long as it's unreleased it's still under your control. If when she does release it well then it's not exclusive anyway, I could record a version and release it at that stage if I wanted. It's in the public domain anyone can release a version of the song as long as it's not a lampoon of that song. The royalties of course stay with you.

In regards to the recording and release of the song as it stands, I'd let her have it with 100% royalties staying in your name. If she want's a royalties share for her version then you could start asking for money for her recording of the song.

A small royalties share for her record company etc. might of course encourage them to get off their asses!

ZV Yoda

Thanks a mill for the advice so far... we're really in unchartered territory here.

Should we be looking to get some kind of formal legal/management representation on our part at this stage?

henessjon

and congratulations you must be chuffed

I would be

ZV Yoda

Cheers henessjon... yeah, I think we're both delighted & nervous at the same time. It sort of caught us on the hop... also, of the tracks we've posted on our site, this was the one we least expected people to like, so goes to show how much we know.

Mind you, we'd be a lot happier if it somebody like Madonna who liked the track, but hey, we all have to start somewhere!

Jabel

Congrats Zoda,
I was a member of ISA a few years back and from memory I think they offer
some form of advice to members on contracts and stuff. Try contacting them to confirm.
BTW like your website. Have you tried the traditional route of sending your songs to Publishers and if so what kind of responses are you getting?

Jabel

OOPS! It appears I have given you a new name
Sorry Yoda

ZV Yoda

Thanks for the comments on the website Jabel...

Yip, we've gotten some advice from ISA & some other sources too. Really, we're just looking to get as much advice from various sources/genres as possible.

We haven't actually gone the traditional publishing route yet, that was our next step. We originally set up the website so we could get people to vote on their fave song. The idea was that we would then submit the top 2 or 3 to publishing houses. We're far too close to the materials to make objective decisions about which songs have the most "appeal”, so we through a public poll made more sense.

Mulan

Great stuff. Its nice to hear of a success like that.
Its something I'd like to do. There's light at the end of the tunnel after all.

Well done again and the best of luck for the future.

i57dwun4yb1pt8

thats a great start , best of luck , its a path im following as well ,
id defo say get a publisher if you are as serious as you appear to be about it .


thats said , any chanCe you could mail me about web whosting and site building ?;)

madtheory

Get in touch with First Music Contact, they can hook you up with a good lawyer. You will HAVE to make a contract to solidify an agreement.

Trying to prove ownsership after she's gone and released the song is impossible unless you're very rich and are prepared to pay for court proceedings.

But it seems to me that you should do all you can to make this happen! 10% of something is better tha 100% of nothing.

ZV Yoda

Thanks for the all the comments.

Will look up First Music... somebody mentioned them to me before. ISA provided us a list of solicitors too.

DaDumTish, I'll drop you a mail about the website

U R Soul

ZV Yoda wrote: »

DaDumTish, I'll drop you a mail about the website

Tell us all. Who did it for you?