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This article makes a couple of assumptions about you as a musician:<\/p>\n \n
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- you may either be a solo musician or a band with at least one other musician creating your own music rather than performing music written by others or remixing existing music; and<\/li>\n
- you do not have any pre-existing contractual obligations arising under previous record label agreements or producer agreements, nor are you a member of an industry group like the BMI.\u00a0<\/span><\/li>\n
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Producer vs Record Label <\/h2>\n\n\n\n
It is essential to distinguish between the role of the producer and the record label. Record labels are responsible for financing the cost of production and distribution of your music. In most cases, the producer is the party that works with you (the musician) to record the music. <\/p>\n\n\n\n
While the same person or entity can carry out both tasks, usually, these are carried out by two different parties. This is because the production company or entity is managed by musicians and audio engineers that have a hand in the actual process of recording. The record label is usually more business-oriented and involves distributing and promoting the recording. <\/p>\n\n\n\n
The Producer Agreement <\/h2>\n\n\n\n
Producers may have a great degree of creative input over the recording process. Alternatively, they may purely coordinate the technical aspects of recording and mixing. This depends on you and the producer\u2019s objectives and creative approach. <\/p>\n\n\n\n
Generally speaking, production entails the following tasks:<\/p>\n\n\n\n
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- recording your tracks; <\/li>\n\n\n\n
- arranging them; and<\/li>\n\n\n\n
- mixing and mastering the tracks. <\/li>\n<\/ul>\n\n\n\n
The exact role of the producer will be specified in the producer agreement. <\/p>\n\n\n\n
Let us explore the most important terms in the producer agreement:<\/p>\n\n\n\n
The Producer\u2019s Obligations<\/h3>\n\n\n\n
The producer agreement will specify what precisely the producer is supposed to do. For instance, it may be to orchestrate, arrange, record, mix, and master at least 12 songs or a total of 45 minutes of music. It will usually specify a delivery date when the producer must have satisfied all its obligations. <\/p>\n\n\n\n
There will be carve-outs where the producer cannot fulfil its obligations for reasons outside their control. For instance, suppose you, as the musician, fail to show up or behave unreasonably. In this case, the contract typically absolves the producer of any responsibility.<\/p>\n\n\n\n
Paying the Producer<\/h3>\n\n\n\n
Unless you self-fund your music, your record label will pay the bill. The producer is usually paid on a per-track or per-hour basis.
Production costs can vary wildly. Independent amateur studios may charge as little as \u00a350 per hour. Professional studios with industry heavyweights can charge more than \u00a31,000 an hour or have a daily rate of over \u00a35,000.<\/p>\n\n\n\nThe Producer\u2019s Entitlement to Royalties<\/h3>\n\n\n\n
Unless a producer demonstrates they contributed to the creative process, they are not entitled to royalties. <\/p>\n\n\n\n
If the producer negotiates royalties, the agreement will specify their share. Usually, this will be in proportion to the entitlement of the other musicians as specified in the recording agreement. For instance, if the recording agreement entitles the musicians to 5% of the royalties for the first five years, the producer might obtain an additional 1%. More prominent producers may command a higher share of the royalties. What is fair depends on the negotiating position of all the parties. <\/p>\n\n\n\n
Copyright Matters<\/h3>\n\n\n\n