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By Todd Gascon and Bruce Kaphan

Chapter 14: The role of the producer—part 2
In the last installment of It’s Your Music—Know Your Rights, we discussed the basic role of the producer and the primary contract terms a producer should focus on when entering into an agreement with a record label (to produce the label’s act) or an artist. In this installment we will dig a bit deeper and discuss some other roles you may find yourself in as a producer in the ever-changing music industry. At the outset, I would like to remind the readers that an artist is typically responsible for engaging the producer. In the past, the record labels hired the producers directly or had producers on staff that worked with the label’s artists. For a number of reasons this has changed, and today the artist selects the producer often with the consent of the record company. In either scenario, the producer is obligated to provide his or her services in a timely manner and deliver the completed master recordings within a specific time period. Upon receipt of the masters, the record company will listen to the recordings and determine whether they are acceptable (per the terms of the contract between the artist and record company). However, what happens if you are producing an album for an artist or band that has no record label? How does the producer protect himself/herself? Be clear about the assignment First, there should be a written agreement that sets forth what the producer is obligated to do, what is to be delivered and how the artist will pay the producer. While it is often left to a verbal agreement, it is always better for the producer to have something in writing, should there be a dispute. As simple as it seems, there should be a clear understanding of the number of masters that the producer will work on. In addition, it would be wise to include a date when the work must be completed as well as provision to extend the delivery date. It’s not uncommon for the recording and mixing process to take longer than originally anticipated. In addition, artists get involved in other
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side projects, go out on tour or get sick and unable to record their parts or approve mixes. It is always better to take these matters into account so that there are contingencies should the unexpected occur. Aside from the issue of delivery, the other area that results in lengthy discussions and disputes is the issue of payment. Although some artists have the money to pay the producer for his time, many bands starting out do not. In these situations, it is important for the producer to have a written agreement. While a written contract will not prevent a dispute, it will go a long way to help resolve the dispute or, at a minimum, should let the parties know their rights. Producing on spec Anyone thinking about recording and producing an artist on “spec” should think long and hard as to whether it is worthwhile. When I use the term “spec” I am describing an arrangement where the producer does not require the artist to pay the producer for his/her services up front. Instead, the producer will be paid upon a given event in the future (e.g., when the band gets signed to a record label). If the event never occurs, the producer is not paid and has done the work for free. You may ask why someone would want to work for free. Perhaps the producer is just beginning his/her career as a producer. In addition, the producer may see something in an artist that the producer likes and believes that the artist will get signed and eventually become successful (whatever that might mean in today’s industry). The structure of a “spec” deal is beneficial to artists, as it is one less cost to worry about when they have to scramble for money simply to record their album. Typically, the artist will want to pay the producer from monies he/she receives from a label that has decided to release the masters produced by the artist. In addition, a producer could be paid from future sales of the masters should the artist elect to sell the masters on his/her own (e.g., downloads, CD sales, etc.).

Recording - May 2011

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