What kind of contract should you offer an artist?

Hi Everyone, this is such a great question! Production Contract vs Producer Contracts! Production contracts were every popular in the 90's and early/mod 2000's. They were a way for Producers to develop artists and feel protected when an artist got signed! However, the Producer HAD to work, had to spend considerable time developing the artist, putting huge amounts of their time, resources and money into developing the artist! If this work wasn't done an Artist who got noticed on their own would be hindered by the Producer who 'owned' them. In the Mid 2000's I saw many examples of great Artists whose career was hindered by being signed with a Producer on a 'Production Deal'. If you are 1) an Artist being offered a Production Contract make sure you have a clearly defined set of parameters the Producer has to fulfil, you do not want to be stuck in a Production deal with a Producer who has not worked their butt off for you! Especially if you get noticed for your amazing live show or a previous recording you did before the current Producer came on board. You have to protect yourself against predatory people who are trying to own/co own you and are not going to further your career and frankly get in the way of your career once you do have solid interest from people who can actually help you! 2) As a Producer, be FAIR! Think about how much time, resources and energy you really are going to put into the Artist, it is not sufficient to just wait for the band to become better, putting in a rehearsal room for several months is NOT developing! You have to be committed to working with them consistently, introducing them to others, co writing, producing, working on all aspects of their career! So ask yourself are you truly there to help the artist, put your heart and soul into them? Anything less then you could destroy their career!

Can you recommend a lawyer for publishing/contracts in general brother?

It would be cool
if you talked even more about what an actual producer’s contract might look like (examples) Thanks! Great video!

I guess I’m basically doing artist development then? I really need some guidance though. I’m in a smaller city working with artists in my local scene but I really want to help them grow and get more connected as well as myself and my own music. I know it’s an older video, but I’m hoping someone will see this and be able to point me in the right direction.

Hello sir young artist from 🇳🇬
What are the pit falls to look out for in an investment contract ? and what should it entail?

There's this artist I want to help and produced, I've been thinking of the contract agreement good enough for both of us and am greatful for the insight into this ... I can't afford a lawyer for this contract Sir, do you have any contract templates which I can use and personalise for this agreement? Thank you Sir

In terms of the production contracted, as a producer, do you take on all the cost of production?

Question: On SoundExchange, it sounds like I as the arranger/producer of a Christmas cover album get 50 % of SoundExchange royalties and 45% goes to the featured artist. I would not like to pay them royalties, but want to pay them upfront work for hire . If I pay them upfront work for hire and they sign an agreement that they will not be entitled to ANY royalties, is that ok? On SoundExchange would I put that I'm the featured artist, or that there is none, even though technically there is, but I paid them upfront so that they wouldn't receive Digital Performance Royalties via SoundExchange? Thank you.

EXCELLENT WARREN ❣️And yes; this is a great business. And for as many bad people (or elements) as there are in this business, the are at least twice as many good people in this business❣️

For next FAQ Friday : For drums, do you time align the room mics on close mics ?

good info here I think. might be redundant but, I am curious what makes a great mix? I know it is subjective everyone has their own opinion . I am curious what yours is,. Thanks very much

Hey Warren,

Love all your videos. Such great knowledge!

If I could ask a question it would be what is the practical difference between plugins on the master bus and mastering? I know a lot of people mix into the chain on their master bus but is there difference between the settings and plugins and how dramatically you'd use them?

All the best from sunny Hertfordshire!

Hi Warren, I'm Ron from Canton Ohio. Do you know of any resources for the use of cameras instead of windows in recording studio environments? There's got to be something out there, but I haven't been able to find anything but CCTV surveillance systems ... thought if anyone one the planet would know, it would be you, Peace and be well.

When I mix sometimes I fell like I have differences sonically in different takes. Even tho it's all tracked in one session in a controlled inviorment... is this something that is common in mixing.... maybe over listening because no one else hears it

hey there, this is really good information I am really glad that you are doing this to help other produces as well.

the real advice is 'take a lawyer who know the rule in entrertaimnent" others lawyer go to screw artist with bad advices just because they don't have background of the specific rules .....

They will not understand or appreciate your value. That is iron clad. It's all fine when nothing's going on. As soon as major label interest and money shows up, it's a whole different ball game. Protect your ass. Protect your value. If they can't commit that to paper, fuck 'em. There's plenty more singing fishes in the sea.

I really love watching these music business videos and getting super useful answers from you Warren you are bringing so much value to us all by making videos like this! Thank you so much for everything you do Warren!

A question for you Warren.....I am interested in having my music recorded by others and also providing music for tv and film.
I am 50 now and have been involved with music for most of my life, I started playing guitar at 12 and was gigging from 18 and signed to a label at 21, I tell you this because music is my hobby, 6 years ago I stated recording bands and producing CD's etc, again this was a hobby.
I am too old now to start a new band chasing a dream (my back is shot and I have tinnitus haha) but I still enjoy writing, recording and mixing.
I have done some research into music libraries etc and what bothers me is that all the people that want to help also want a subscription and it puts me off wondering if they are legitimate, for example you mention that you have a subscription service but you don't sell it, you just tell us about it and to reiterate this you do a lot of videos for free so I feel you are genuinely interested in helping and your not just here to take our money (which I don't have a lot off or I would subscribe to PLAP), Rick Beato is also another genuine person who gives a lot.
Will I have to subscribe to a service to get my music heard or are there other channels?

Your video edits are so clean that they're actually pleasing to watch. Nice work to whoever is doing that end of the gig. Hope they're being paid well.

No contract is the best contract! I can do what ever I want!!!

Great stuff. Added to my "Good advice" playlist.

Looking forward to your interview with Susanna Hoffs! Unique voice which goes from angelic to gritty edge, charismatic performer & great songwriter! I hope you might ask if she has a home recording set up, what it is, how she uses it, that’d be great! 😎👍

I love this. As a producer who passed the cpa exam and has gone to law school, this is such a good thing to bring to more people’s attention. The business-side of the music industry isn’t talked about often but it can make such a difference

"If they behave like this in a business without money, Imagine how they behave in businesses where there actually is money..."

a fair contract. n not force em to be in a pr relationship.

FAQ Friday Question: Warren, what are your views on smoking in the studio? We all know that some pieces of hardware are irreplaceable and can be easily affected by floating substances. I often see artists in videos surrounded by expensive equipment, who don't seem to care about any of it and just smoke away. Where do you draw the line?

I, too, would do whatever Susanna Hoffs told me to do. I wouldn’t be proud of it, and I would be aware at an intellectual level that it could very well be terrible advice, but I’d still do it.

hi Warren!
didn't you make a video about your 5 favorite reverbs a while ago? i'm scrolling through your channel, but i cant find it?

Thank YOU!!! Very good info that NO ONE talks about!

Great tips and information, thank you, Warren. I'm looking forward to the release of the upcoming interview with Susanna Hoffs. Did you talk about the recent collaboration of her with Travis on The Only Thing from the latest 10 Songs album? I cannot wait to watch it.

Thank you Warren. 🌤

Iv been looking into a music lawyer in the New York area. Iv found with other professions like doctors for example, the ones who are easiest to find with nice websites are sometimes the sleaziest. Idk what to think of where to start. Everyone says get a good lawyer but how would I know? Lol.
Iv been looking for someone to teach me how to copyright a band name because I have an idea and didn’t copyright years ago, now that I am in the process of getting my album out together I have seen multiple bands and a rapper with this name. I checked, none of them copyrighted the name or trademarked it. So it’s up for grabs, as far as I know if you do it first you’re good but I also don’t wanna have to constantly defend the trademark /copyright and go broke lol.
But yeah Iv seen lawyers say they c an listen to your music and contact a&r from labels. I just wonder how one would know when the lawyer isn’t more interested in giving a label a good deal on your behalf.
I definitely want a good lawyer but surely couldn’t afford one. Nor do I want a label paying for my lawyer because then the lawyer has their interest in mind more than mine

I personally ( after watching a "Shnizzel" of your Posts), think you would make a fine Lawyer, but then again you are so very smooth and friendly I could see you succeed in most anything. Thanks for this one, some pertinate advice for the young -uns!

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If you can't afford a lawyer don't even talk to the record machine. Remember:There's millions of dollars to be made in the movie business and there's thousands of dollars in the music industry.

The problem with music contracts is somewhat similar to film contract deals, in that in music there is no way to know if an artist or their music will succeed and generate a profit (in film there is no way to know if any single film will even break even let alone make a profit).

There's where the issue lies. As long as a label brings on many artist of which most will fail, then the few that succeed will get screwed out of money. It's a harsh reality.

Many artists have figured out a way around this, going waaaay back to the 80's when rap artists and smaller bands would sell records literally out of the trunk of their cars, create hype through playing live and selling shirts, albums and CD's, or even figuring out how to rent a small venue and get several bands to come play, making greater profits. Sure these were not massive infusions of cash or ways to make it, but back in the day before the internet there were already artists trying to carve their own piece of the pie.

Today's artists have social media, and other ways to make revenue, including merch and even physical CD's and LPs which have made a comeback (not to mention that cassettes are also making a slight comeback). People want to OWN the music not "lease" it on iTunes, or even Spotify. If fans like the band they will be more likely to buy merch and see them live (though that's on hold until 2021 at the very least). And last it is vastly, VASTLY cheaper to record music now than it was just 15-25 years ago.

As a former jazz guitar major who did end up becoming a lawyer, anyone who signs any kind of contract should be familiar with the concept of “consideration.” It’s the essence of any contract, and essentially means getting something in exchange. Both parties to a contract should get something in exchange (“in consideration for”) something else. Usually, it’s money in exchange for goods or services but it could be anything of value, like future earnings/royalties or the obligation to produce an album. So if you’re looking at a contract where one side is getting a lot in exchange for a little (such as a record label getting a lot and the artist getting little), it’s probably not a good deal. The degree of benefit to each side is, obviously, negotiable. If one side is getting something for nothing, then you don’t have a contract; you have a gift.

One day when I retire, I’m seriously considering doing pro-bono work representing young artists so they don’t get screwed on contracts and intellectual property, but I don’t know what that would look like. It kills me to hear the horror stories of artists being broke despite selling millions of albums because they signed bad deals.

Disclaimer: I’m not an entertainment lawyer but I do have experience with contracts in general. None of the above constitutes legal advice. Consult an attorney of your own for your specific situation.

Terrific discussion.

Hi Warren, I stumbled across your channel a while back and I just wanted to say thank you so much for sharing your years of experience and hard-earned real world wisdom with us. As an aspiring singer-songwriter and someone wading out into the waters of home recording, I don't have enough superlatives or adjectives to adequately express how valuable your videos are. I hope you have a great day, however you're spending it. Stay safe brother.

🤘😜🤘

Any contract can be broken,!Its a business!

Loved to hear your thoughts on this today! It's something I've always been interested in understanding more about! So for your next video.... :D What IS a record contract these days? What should an artist look for? What does a 'standard' contract look like? Have you found anything to look out for in your experience?

Bandpay-me solves these issues

Question: As engineers we do quite a lot of stuff and sometimes we correct melodies that are not in key, switch samples, add a little sound here and there etc. Now the question is: what is the way to go about it, when it comes to royalties. Is that just part of the job (if one did quite a significant change) or do you talk to the artist/producer and claim that you've not just mixed but co-produced? Love the channel, thank you!

Well done Warren! Thank you for putting your experiences to work on this topic. and yes, it is a BIG one. :)

(I know record labels is a whole other discussion but....) I knew a few people who were in thrash bands in the late 80s early 90s. 2 signed to a certain record label (rhymes with moise) and their contracts were like the worst bank loan ever. They could have got really, successful and never made a penny from sale. They got some instruments our of it and a record, but it was essentially a scam.
I had a brief deal and had a much better set up, so not every label deal is the same.
My point is just make sure you know what you're signing. Don't sign until somebody who knows contract law has seen it. But also don't be an arse, not all are evil. Just some.

I went to law school instead. Actually, I have two law degrees. During those years, my recording was limited to those early TASCAM Porta Studios. Now I’m trying to learn how to record with big-boy gear. Got to admit that I was truly stunned at the sonic improvement the high end gear made. By sending my recordings to my sales engineer at Sweetwater (Codie Priester), he was able to help me make the right purchases to solve my problems. I’m just a hobbyist, but it is so much more fun when the end product finally sounds like a record instead of a homespun cassette recording.

How do you spell the band you mentioned? Vadera?