Selling audio tracks at DVinfo.net

Jack Smith · March 11th, 2007, 01:02 AM

Need help with a unique(for me) situation.
I produce a half hour music show.Each show consists of a mix of a particular musician's performance of their own songs and discussions with that musician.
We use 3 or 4 songs in each show.
We set up the venue and crew specifically for the show.(basically no audience).
Not to blow our own horn, but we have some very good recordings.
Our contract gives us ownership to these recordings.
Now, I have been asked by a musician(songwriter) to sell them the tracks of a song from the show so they can use them on a CD release.(I assume licence it)
What do you suggest I do to come up with a procedure and price to do this?
I support musician's and wish to be fair to them.
Has anyone run into this?

Jack Smith · March 14th, 2007, 08:43 PM

Does anyone have any experience with this type of situation?

Douglas Spotted Eagle · March 23rd, 2007, 07:19 AM

Quote:

Originally Posted by Jack Smith

Need help with a unique(for me) situation.
I produce a half hour music show.Each show consists of a mix of a particular musician's performance of their own songs and discussions with that musician.
We use 3 or 4 songs in each show.
We set up the venue and crew specifically for the show.(basically no audience).
Not to blow our own horn, but we have some very good recordings.
Our contract gives us ownership to these recordings.
Now, I have been asked by a musician(songwriter) to sell them the tracks of a song from the show so they can use them on a CD release.(I assume licence it)
What do you suggest I do to come up with a procedure and price to do this?
I support musician's and wish to be fair to them.
Has anyone run into this?

You do NOT own the songs. You own the master of the songs. By act of Congress, an artist cannot specifically give away his rights of ownership without some very specific wording in a contract. You may have the right to "do anything with the recording as you wish" but even as vague as that might sound, it likely does not give you ownership of the song, but rather ownership of the master recording.
In any event, the ethical thing to do, IMO, is that you contact the writer of the song, and work out a percentage for both of you that is fair. You get a percentage for exposing and brokering the deal, they get a percentage for composing the song.

Jack Smith · March 23rd, 2007, 11:16 PM

Thanks for taking the time to answer.

To clarify the issue.......
As I am a proponent of musicians and their rights both legal and ethical, and I appreciate the fact that musicians put together the one thing that can change mood, emotions and memories of every person in the WORLD that has hearing ability.I just wish more people really listened.
(that's why I'm producing the TV show)
I'm trying to determine what is fair.

I know we don't own the songs, only the recordings that we made during the recording of the shows.

( and would NEVER even consider trying to take that from them )
I know musician's, of which some you would know,that do have war stories)
(Again, that's why I'm producing the show)
Our shows are of the songwriter that wrote the song, they perform the song and we record it.It's their song.
After hearing our recordings, they( the songwriter/musicain/performer) want to use the recording for there own CD.

The question is what procedure can I follow that would allow me to price this fairly.

Tell you what, I'm going to give it to the songwriter/musician/performer and ask them to be fair to me.
I'll get back to work.
Thanks

Douglas Spotted Eagle · March 23rd, 2007, 11:40 PM

There isn't a "fair." There is a "what you agree upon."
Songs have no intrinsic value until they're heard. An inclinating scale is often used, their share does up as yours goes down depending on the popularity of the song.
Suppose you sell the song to someone else, and they make it popular...who should win in that situation? The easy answer is "everybody." The hard answer is, how much of the winnings does the writer receive? He/she is entitled to mechanicals no matter what, of course, but generally they also receive a percentage, depending on the deal. 5% is somewhat common. You receive a producers share, XX points on the deal. The remainder goes to the recording artist that made the song hit.

Jack Smith · March 26th, 2007, 07:14 PM

That gives me an general idea of how it works.
Maybe the record company producer will have the fine details.
Thanks again.

March 11th, 2007, 01:02 AM	#1
Jack Smith Major Player Join Date: Nov 2003 Location: ontario Posts: 445	Selling audio tracks Need help with a unique(for me) situation. I produce a half hour music show.Each show consists of a mix of a particular musician's performance of their own songs and discussions with that musician. We use 3 or 4 songs in each show. We set up the venue and crew specifically for the show.(basically no audience). Not to blow our own horn, but we have some very good recordings. Our contract gives us ownership to these recordings. Now, I have been asked by a musician(songwriter) to sell them the tracks of a song from the show so they can use them on a CD release.(I assume licence it) What do you suggest I do to come up with a procedure and price to do this? I support musician's and wish to be fair to them. Has anyone run into this?

March 23rd, 2007, 11:40 PM	#5
Douglas Spotted Eagle VASST Join Date: Jan 2004 Location: Stockton, UT Posts: 5,648	There isn't a "fair." There is a "what you agree upon." Songs have no intrinsic value until they're heard. An inclinating scale is often used, their share does up as yours goes down depending on the popularity of the song. Suppose you sell the song to someone else, and they make it popular...who should win in that situation? The easy answer is "everybody." The hard answer is, how much of the winnings does the writer receive? He/she is entitled to mechanicals no matter what, of course, but generally they also receive a percentage, depending on the deal. 5% is somewhat common. You receive a producers share, XX points on the deal. The remainder goes to the recording artist that made the song hit. __________________ Douglas Spotted Eagle/Spot Author, producer, composer Certified Sony Vegas Trainer http://www.vasst.com

March 14th, 2007, 08:43 PM	#2
Jack Smith Major Player Join Date: Nov 2003 Location: ontario Posts: 445	Does anyone have any experience with this type of situation?

March 23rd, 2007, 11:16 PM	#4
Jack Smith Major Player Join Date: Nov 2003 Location: ontario Posts: 445	Thanks for taking the time to answer. To clarify the issue....... As I am a proponent of musicians and their rights both legal and ethical, and I appreciate the fact that musicians put together the one thing that can change mood, emotions and memories of every person in the WORLD that has hearing ability.I just wish more people really listened. (that's why I'm producing the TV show) I'm trying to determine what is fair. I know we don't own the songs, only the recordings that we made during the recording of the shows. ( and would NEVER even consider trying to take that from them ) I know musician's, of which some you would know,that do have war stories) (Again, that's why I'm producing the show) Our shows are of the songwriter that wrote the song, they perform the song and we record it.It's their song. After hearing our recordings, they( the songwriter/musicain/performer) want to use the recording for there own CD. The question is what procedure can I follow that would allow me to price this fairly. Tell you what, I'm going to give it to the songwriter/musician/performer and ask them to be fair to me. I'll get back to work. Thanks

March 26th, 2007, 07:14 PM	#6
Jack Smith Major Player Join Date: Nov 2003 Location: ontario Posts: 445	That gives me an general idea of how it works. Maybe the record company producer will have the fine details. Thanks again.