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Leafs
by Gary E. Andrews - 03/04/24 12:47 PM
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Joined: Apr 2005
Posts: 2
Casual Observer
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OP
Casual Observer
Joined: Apr 2005
Posts: 2 |
Say you had abc demo services put your lyrics to a melody with excellent vocals and the demo turned out to be very good in every aspect possible...Now say you found xyz publishing who wants to reproduce this Master Demo (the exact way abc demos did it up for you). My question is: if this demo is a "work for hire", is it legal (and moral) to reproduce and sell the song with the demo singers vocals? Would that singer be entitled to any credits? Royalties? Or, since I paid for this demo, am I legally able to do what I want with this demo? I want to be fair, honest, and above all else, legally covered in any possible agreements. Any sound advice any body can provide me with will be greatly appreciated!Thank you! Mako
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Joined: Mar 2002
Posts: 2,096
Top 100 Poster
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Top 100 Poster
Joined: Mar 2002
Posts: 2,096 |
You should talk to a music business attorney.
I think most of those studios waive ownership of the song, so the song should be yours free and clear. The musicians got paid for the session, so they would not be entitled to royalties, although, if they did the session at a demo rate, they would be entitled to get reimbursed for a master rate if you do a general release of the recording.
Your problem, I think (again...see a lawyer) is going to be with the vocalist. I think session singers do demos with the tacit understanding that it is a DEMO and is to be used for demo purposes only.
I have friends who have Trisha Yearwood singing some old demos. They cannot release those demos as records. I have Buddy Jewell on a few demos (so does every writer in Nashville) and I would not think of trying to release one of them. First of all, no record label would touch it. Second, it's probably not legal. Third, it ain't right.
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Joined: Apr 2005
Posts: 2
Casual Observer
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OP
Casual Observer
Joined: Apr 2005
Posts: 2 |
Hi Truman,
Thanks for the reply. The demo was done by a one man demo service. I am trying to locate him to explain the situation, hopefully we can arrive at a win win situation, I am certain he would enjoy the exposure. This demo was done several years ago, and we have been out of touch. Thanks again for your help. Mako
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Joined: Apr 2001
Posts: 6,578
Top 30 Poster
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Top 30 Poster
Joined: Apr 2001
Posts: 6,578 |
Hi Mako, As usual, Truman gives good advice. If you get permission from both the demo studio and the vocalist then you should be in the clear. I--we have used a demo and they were both gave permission and we were careful to give them both credit on the "product" which, I think they were happy to get the "exposure" But, I'm not a lawyer either. In our case the demo was not a master and we had it-them mastered or remastered if they would have considered it a master. As Truman said , the main problem is probably with the vocalist and you should definitely get their permission. I also had another case where they were reluctant to give permission so I didn't go ahead. Knocked me out of a cut too. but that's ok. I could have it redemod and get permission up front but don't know whether to invest that much more in it. Wy
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Joined: Mar 2002
Posts: 2,096
Top 100 Poster
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Top 100 Poster
Joined: Mar 2002
Posts: 2,096 |
You always have the option of re-recording the song using a work-for-hire vocalist who knows exactly what you intend to do with the recording.
This is another good reason why you should ALWAYS ask for, and get, a "no-vocal" mix of your demos. Then you can always recut just the vocal for a very modest price.
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Joined: Mar 2005
Posts: 14
Casual Observer
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Casual Observer
Joined: Mar 2005
Posts: 14 |
<font face="Verdana, Arial" size="2">Originally posted by mako: Say you had abc demo services put your lyrics to a melody with excellent vocals and the demo turned out to be very good in every aspect possible...Now say you found xyz publishing who wants to reproduce this Master Demo (the exact way abc demos did it up for you). My question is: if this demo is a "work for hire", is it legal (and moral) to reproduce and sell the song with the demo singers vocals? Would that singer be entitled to any credits? Royalties? Or, since I paid for this demo, am I legally able to do what I want with this demo? I want to be fair, honest, and above all else, legally covered in any possible agreements. Any sound advice any body can provide me with will be greatly appreciated!Thank you! Mako</font> I've been there and done that, you always must get written release(s) from whom ever participated in song material (Singers) or helped with the creation of your song, such as a demo service or recording studio. Many recording studios who do such work for songwriters offer such a release form.. Ask them about for a release form if they do not ofer one then you need to contact an attorny, one with this type of experience.. John
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