musicians release forms

topic posted Sun, May 1, 2005 - 4:22 PM by  Ciaran
I am trying to find an optimal musician's release form to enable me to sign a deal with any studio musician and solidify my ownership of their performance. With me, it is particularly relevant for musicians who records music on a film score - so that their performance is signed over forever.

I would like to keep it simple so that both musican and I are comfortable with the release and the legalese is not to complex and scary for people - I'm not trying to take their life, but I don't want to get sued due to some silly misunderstanding either.

yours in music

Ciaran
www.ciaranhope.com
posted by:
Ciaran
Los Angeles
  • Re: musicians release forms

    Fri, May 6, 2005 - 8:45 PM
    I would go to ascap or bmi and look around or email someone there for advice. You will have to give them performance royalties no matter what, you will be able to buy their copyright for a price.
    Personally I wouldn't give up my performance or copyright to anyone!
    MRDC
    :)
    • Re: musicians release forms

      Sat, May 7, 2005 - 12:13 PM
      I am not releasing a composer from their music, rather a musician from their ownership of their performance of the piece for the composer. And yes, musicians do give up their ownership of the performance all the time. They are paid for the job, and receive payment and that is it.

      Jobs done through the musicians union guarantee futher payments depending on re-issues of score CD's or the likes. However, lower budget movies can never afford that, and payment is always agreed on in the release contract, even if some is back end.

      this is the type of contract that I described in my post and am looking for.
      :)
      • The early 1990s saw a huge production increase in theatrical motion pictures, television film, basic and pay cable, and direct to video projects.

        The film industry invested in "mass production" by putting out more projects at lower budgets. Because of budgetary constraints, many producers made decisions to score their films overseas or with non-union musicians. AFM musicians were being left out of the low budget films.

        The AFM needed to adapt to this new film environment and recapture employment. The response was the new Low Budget Film Agreement, which provides for lower session wages while maintaining special payments, pension, and health and welfare at the regular Motion Picture and Television Film levels.

        Each film is evaluated and reviewed against the Low Budget Film Agreement requirements and procedures outlined by the AFM. A Production Budget Estimate must be sent in, and a signed Assumption Agreement must be in place.

        New motion picture companies, new producers and directors, and most importantly new composers, are discovering the benefits of hiring the most professional musicians in the world. Plus, since low budget films have guaranteed Special Payment Fund (SPF) monies to the musicians, the individual musicians can receive a greater amount of SPF participation.

        One of the biggest challenges facing sound track record companies is the consideration of actual recording costs relative to the realistic projection of sales. Because of this, composers recording their scores with AFM musicians realized the high cost could jeopardize their chances of a sound track release and thus composers scored the pictures overseas.

        To cope with this problem, the AFM, at the recommendation of the Recording Musicians' Association (RMA), negotiated a sideletter to the AFM Basic Theatrical Motion Picture and Television Film Agreements. The sideletter allows sound tracks to use the low budget rates (25% discount) provided they meet the following conditions.

        1) The CD jacket or packaging must:

        · show the AFM logo or give credit to the AFM,

        · include the instrumental musicians who performed on the largest session, and

        · credit the leader/contractor, orchestra manager, librarian, and music prep.

        2) An organization name credit must be placed on the front or back cover.

        3) The producer must provide the AFM 75 copies of the sound track CD.

        The huge success of this sideletter agreement prompted both the AFM and the Alliance of Motion Pictures and Television to agree to incorporate it into the film agreements during the film negotiations in early February.
  • Re: musicians release forms

    Sat, June 11, 2005 - 9:12 AM
    When you are called to work on a sound recording session, keep track of the relevant information: recording date, name of the company and label, studio, and hours worked. If need be, contact the AFM local in whose jurisdiction the work will take place for assistance. The local can make sure the company you are called to work for is a signatory to the current SRLA or that the label is covered by the signatory company. Given the complicated relationships between companies and labels these days, if you have any doubt, check with the AFM local to verify signatory status. Without a signatory in place, the AFM will not be in a position to protect your rights under the SRLA. In many instances we have been able to convert a potentially nonsignatory project into one that is covered.

    For ongoing projects, do not wait until after the sessions are completed to fill out and submit the B-4 forms to the company representative. This will avoid "he said/she said" claims that can result when the company is presented with B-4 forms reflecting thousands of dollars worth of session work.

Recent topics in "Music Networking"

Topic Author Replies Last Post
Want to DJ or What? Keith 0 July 14, 2008
Trouz Bras Eric 0 February 13, 2007
"e" Marketing your music M R D C 0 February 13, 2007
Win free tickets to a Music Business Workshop... music mel 0 November 1, 2006