A Question from Amanda in Indianapolis

Hello John,
I have been writing songs for some time now and it's been a dream of mine to record my own record. The local recording studio near my house gave me a handwritten price quote of $2000.00 to record, mix, master my recordings and cover the costs of a couple of session musicians. It seemed like a lot of money but the people there seemed to know what they are doing and I wanted a professional recording of my material. Now that the recording process is over a couple of things happened that have left me confused and upset. The person in charge at the studio helped me with melodies on two of my songs, now he says he wants 25% ownership of those songs! He never told me that his help would give him part ownership of MY songs. If I had known that I would have stuck with my original melodies. Additionally he is now asking that I sign a producer agreement that gives him 3% points on my sales. Shouldn't these "agreements" happen before I started recording, not after? I have already paid for the recording session in full but now he is won't give me the masters until I sign his agreements. Are artists always treated this way by people who offer "help" in the music industry? What would John Doe Do in this situation?

With much respect,
Amanda



WWJDD?

Hey Amanda,
I'd love to kick this guy in the shins for you!
First of all, you have ALL my sympathy. This is totally unprofessional & YES these agreements should be negotiated before the session. The first thing I thought of was how can you break-in or bring a couple of big, nasty goons & physically take back yr tapes. Then of course I realized there are no tapes. I suppose you could do that to his computer but ... doing 1 to 3 @ the State Pen for breaking & entering & robbery probably isn't that attractive. One way to avoid this is to use your own hard drive, possession is "9 tenths of the law". BUT what's done is done. You could get a lawyer but that means more money & too much time & effort. You probably should make a complaint to the "Better Business Bureau" & tell anyone in yr town who cares, what a shitbag this guy is.
Now, to solve yr dilemma. Even though what he's asking for should have be settled before recording, a producer's fee isn't uncommon. Standard is 3% but that applies to established producers. Offer him a 2%, producer's fee Regarding the melodies; go line by line & figure out what percentage yours to his melodies are used in the songs that he contributed to. That may be difficult but be generous & make yr best guess. This way if he questions how you came up w/ the number, you will have a plan. Then offer him half of that percent of the writer's credit, since I'm guessing he didn't write any of those words. Also he would not be entitled to any publisher's royalty. If none of this is acceptable to him, take him to small claims court, maybe you'll get Judge Judy.
This is a lot of wrangling for, probably, not much reward ($$) but there is always a chance that the song could get licensed to some movie or TV show & that can be big dough. Let me know if I should dust off my brass knuckles, be tough & best of luck.
I hope this helps and as always, thanks for writing.
yrs,
JD

If you have questions for John Doe about music, the music business or life feel free to email them to wwjdd@knowthemusicbiz.com.