Recording contracts, recording companies, accounts, sales of online tracks

[David Pinnegar]

Hi!

I have a friend who was engaged by a minor classical recording company to do a couple of CDs. He's a bit other-worldly as the most truly musical musicians can be . . . Apparently he was paid (something but certainly not a fortune) by the company to do the recordings.

He says he didn't sign anything but seems to think that there was an agreement that he should be paid royalties on sales beyond the first 1000 CDs . . . He doesn't know how many CDs have been sold and has never been paid further. He now finds that tracks from the CDs are sold as MP3s to download by Amazon and iTunes.

Is there a mechanism of performers being able to demand audited accounts from recording and distribution companies?

Presumably this is the importance of belonging to The Musicians Union or Royal Society of Musicians? Which professional organisation is most helpful for professional musicians to belong to?

Best wishes

David P

[KB7DQH]

Well, on "my side of the Atlantic" it would be the American Society of Composers, Authors and Publishers,
abbreviated as ASCAP...

He says he didn't sign anything

OOPS! :o ::)

  Even in cases where musicians DID execute appropriate agreements, disputes have arisen and can result in some "messy" legal proceedings... 

Based on the information supplied  :-\  in my humblest of opinions this fellow is lucky to have received ANY compensation at all given the "handshake" nature of the agreement :o

Eric
KB7DQH

[KB7DQH]

Although related to the topic but NOT to the post at the beginning... is the subject of the following
blog, which may be of interest to those who are present on this forum ??? :-\

http://blogs.kcrw.com/musicnews/2011/02/the-pipe-organists-dilemna/

Eric
KB7DQH

[Barry Williams]

The exact legal situation concerning the performers' right in the original recording can only be ascertained by scrutiny of the agreement entered into with the recording company.  The usual arrangement gives the recording company absolute right over the recording once the original fee has been paid to the performer.

If there is no written agreement, the contract betwen the performer and the recording company will have to be ascertained from the recollection of both parties.  This can be difficult.

I strongly recommend taking advice from a solicitor experienced in this field of work.

Barry Williams

[revtonynewnham]

Hi

I would think the first point of call would be the "mechanical Copyright Protection Society" (MCPS) - now, I think, also linked with the Performing Rights Society.  They deal with licensing for recordings of copyright works - but as Barry says, the original contract is the defining factor - and it may well not include such "new media" as digital downloads.

I've dealt with MCPS at various times when I've made small batch recordings for sale, and have always found them very helpful.  Web site can be accessed via http://www.prsformusic.com/creators/membership/MCPSroyalties/Pages/MCPS.aspx

Copyright law &royalties can be a nightmare - good luck.

Every Blessing

Tony