Musicians For Hire - When You Have No Idea What You Just Said Yes To

The timing of this lecture could not have come at a better time. Last week I was approached about writing a song for a film. I was given a deadline of 24 hours to make a decision as to whether or not I would like to be on board as the company producing it needed to finalise the list of artists that would be appearing. When I asked about what sort of remuneration I would be looking at I was told it would be $2000 for the hiring of my services. I was put forward by my record label to the team producing the film so I asked them about what sort of arrangement would be made in regard to royalties and all the other earnings that are associated with distribution and sale of media, especially seeing as my label would be releasing the soundtrack on vinyl (this is how my name was put forward). This question was some what dodged and I was told that it would all be made clear in the contract I would be sent but if I didn't make an initial agreement then I would not have an opportunity to participate. I have never had my music on a movie so naturally I said yes.

While waiting for my contract to be sent over in the coming days, I read this lecture and watched the Lynda video on music law and they actually touched on what it means to be hired as a musician.

"...if a songwriter is an independent contractor who signs a written agreement to write a song for a movie or other audiovisual work, then the person paying for the work may become the copyright owner." (Lynda, 2016)

What this meant was that in submitting my song and accepting my fee I would essentially forfeit my ownership of what was once my original material and give up the rights to the the recorded piece. The fact that all of my questions in regard to royalties were being dodged now started to make sense as there would be none.

There was really strict wording around the way in which they continued to talk about my hired services. Really up until watching this Lynda video I had no idea why these people kept saying that they would hire me. Then it all fell into place. Essentially they can use my song in the film for a small fee and then license it on again (presumably for a similar fee they payed me) for the sound track. Both the label and the company producing the film avoid paying all of the artists royalties for the sound track and any royalties that might be owed as a result of promotion and sale of the film are once again kept by the company making the film, as they own the copyright.

The issue with copyright is that the people laying down these terms understand the law better than the people creating the copyrighted material in the first place. So few artists are versed in copyright even though they participate in it's creation nearly everyday. Music Victoria does have an agreement with GI and Sanicki Lawyers for members but this is only a probono initial consultation (Music Victoria, 2016). Any dealings after that initial consultation obviously come at a cost. It's not realistic for artists to have all the these interactions reviewed by someone who is versed in copyright law considering that the fee in doing so can mean the artist takes a huge chunk out of their potential earnings. Another issue is that copyright law surrounding the agreement is determined by the country in which it is written. So really no one in Melbourne is able to truly give me a thorough run down Copyright and IP law for the United States or if they can it would sure increase the fee I would have to pay for their services.

I don't know that it is APRA AMCOS or Music Victoria's responsibility to make sure that artists are represented properly in these matters but surely there needs to be a resource set up to allow artists's educate themselves in regard to copyright law? Considering they have the most to lose and constantly up against people and organisations that bank of the fact they know no better and cannot afford the opinion of someone that does. I have actually included a copy of the agreement below that has since been sent to me. I have blacked out the name of the people involved just because I am sure I am breaking some law that I am not yet aware of in posting an unsigned agreement on the internet. At the very least I would piss off the people that sent it to me.

References

• Music victoria, . (2016). Music Victoria. Retrieved 16 June, 2016, from http://www.musicvictoria.com.au/member_benefits

• Lynda, . (2016). Lynda. Retrieved 16 June, 2016, from http://www.lynda.com/Audio-Music-Music-Business-tutorials/Who-owns-song/197192/378160-4.html

• Image of the Ravens used courtesy of 60's Garage Bands. Retrieved 16 June, 2016, via http://blog.sonicbids.com/8-questions-to-ask-yourself-before-signing-a-record-deal