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Old 08-07-2022, 08:05 PM
Mandobart Mandobart is offline
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Default Royalties for Contributing on an Album

I've been on 3 locally produced albums as a mandolin and fiddle player. These have been with friends and band members. Aside from credits on the liner notes and playing on the songs, that's my total involvement. I might have got a few beers or meals out of these deals.

Now I'm working on an album with a more successful regional singer-songwriter. I think he has a real gift for writing and I really like his songs and lyrics. He's had some success as an opening act for the as-yet-unproven grandkids of Lorretta Lynn and Conway Twitty. His music is registered with BMI (or maybe ASCAP?) He's on Apple music and Spotify.

Today he suggested I look into registering with some organization so I can get a percentage of the album sales when its released. I'm not in the AFM and I have not written, much less published, any songs. He wants to give me 10% and the recording engineer 10%.

Any advice for a very occasional studio player? Is this like the AFM where I pay $150 annually to get a couple fractional cents per song play? Thanks.
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Old 08-07-2022, 08:49 PM
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keith.rogers keith.rogers is offline
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As a "creator" you have only the application fee. Yes, you may never even recoup that, but, you know, it's about the dream - you gotta buy a ticket to win

Or not; up to you. But, if the stuff is marginally commercial, who knows.

https://www.ascap.com/music-creators...es%20or%20fees.
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Old 08-07-2022, 09:32 PM
DupleMeter DupleMeter is offline
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Registering with a PRO (ASCAP, BMI, SESAC) is only helpful if you are owed writing royalties.

Being an AFM member only helps you get a good rate if the session is union (and they'll pay into your AFM benefits & retirement fund).

As a session musician (that is not writing or producing), you are probably being hired under a "work for hire" contract. Whenever I hire session players they all sign a work for hire agreement. Basically that means you get paid to show up & do your part & then you get no residuals/royalties/points. An independent contractor situation.

If you are significantly adding to the production work, you might want to negotiate points.

You may want to clarify the situation with the artist (or their management) and see what they are offering. If they're going to give you writing credits you'll need to associate with a PRO. The same goes for publishing splits.

Whatever the deal is, you'll want to get everything in writing
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Old 08-07-2022, 10:28 PM
H165 H165 is offline
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As noted above, you need legal expertise and correct documentation.

Single-payment work, and work entitling you to future compensation, are two different things. Either one can be better for you depending on circumstances.
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Old 08-08-2022, 07:43 AM
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Quote:
Originally Posted by Mandobart View Post
I've been on 3 locally produced albums as a mandolin and fiddle player. These have been with friends and band members. Aside from credits on the liner notes and playing on the songs, that's my total involvement. I might have got a few beers or meals out of these deals.

Now I'm working on an album with a more successful regional singer-songwriter. I think he has a real gift for writing and I really like his songs and lyrics. He's had some success as an opening act for the as-yet-unproven grandkids of Lorretta Lynn and Conway Twitty. His music is registered with BMI (or maybe ASCAP?) He's on Apple music and Spotify.

Today he suggested I look into registering with some organization so I can get a percentage of the album sales when its released. I'm not in the AFM and I have not written, much less published, any songs. He wants to give me 10% and the recording engineer 10%.

Any advice for a very occasional studio player? Is this like the AFM where I pay $150 annually to get a couple fractional cents per song play? Thanks.
As others have mentioned there are definite distinctions in terms of compensation with different criteria.
That is great that the artist wants you to get some compensation (Note I am not a lawyer) BUT from my understanding, I think there is some confusion ,,, because when you say he wants you to get a 10% cut of "album sales" That is not what any of the PRO'S like BMI or ASCAP collect royalties from. They collect only from the performance of individual songs registered with them by writers and publishers (i.e. from radio airplay of individual songs,,or performances at concerts or small venue (bars, pubs, coffee houses , bookstores etc.) where the individual registered songs are covered . They do not collect royalties from album sales.

Seems to me for that (acut of album sales) you would have to (as someone mentioned) have a legal document agreement (contract) between the artist ,you, and engineer that can be given to which ever entity will be handling the sales of the album,, for the distribution of those sales proceeds ?????????????

Me I would suggest to you,,, to suggest to him,,, a much cleaner and simpler solution = which would be a straight up (one time) work for hire agreement and fee BUT I am guessing he is offering the 10% in lieu of a fixed upfront work for hire fee (if that is the case ) then perhaps suggest a one time 10% paid when the sales reach a certain number albums sold ..... Seems to me being encumbered by a long term % per album sold is just a head ache in the making .. at best..
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Last edited by KevWind; 08-09-2022 at 06:37 AM.
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Old 08-08-2022, 02:07 PM
DupleMeter DupleMeter is offline
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Quote:
Originally Posted by Mandobart View Post
He wants to give me 10% and the recording engineer 10%.

I missed that the first time around. The big questions to ask:

Is that 10% of writing royalties, 10% of publishing or a producer's 1 point, from first sale? There's a huge difference in the amount those 10%s will net out to over time.

My advice: 10% of writer's royalties is likely to be next to nothing, even over years or decades...unless there ends up being a huge sync deal. The same goes for publishing.

1 point from first sale is likely to be more, if the artist manages to sell the music and not just stream it to listeners. Though, most producers/engineers take 2-3 points (20-30%) on back-end payouts.

That said, it's a nice gesture...but I would confirm whether the artist has the authority to offer that. Has this been approved by management and/or the label (if a label is involved)?

Ask for a contract & negotiate the best deal...which may be a polite "no thank you" to back-end payments for a larger upfront payment, if you can't be sure there will ever be any back-end revenue.
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1927 Martin 00-21
1986 Fender Strat
1987 Ibanez RG560
1988 Fender Fretless J Bass
1991 Washburn HB-35s
1995 Taylor 812ce
1996 Taylor 510c (custom)
1996 Taylor 422-R (Limited Edition)
1997 Taylor 810-WMB (Limited Edition)
1998 Taylor 912c (Custom)
2019 Fender Tele
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