Royalties question

[backtoblue]

A partner and myself are starting to put together an online demo completion/production co. We've started working with our first client, basically taking his demo recording and re-recording all the instruments. He also wants us to mix it when done. We were going to just approach this as session musicians for hire, charging a flat fee and being done with it. The thought just occurred to me that if our client were to make any money off sales (he plans on selling this and other recordings on iTunes), would my partner and I not be entitled to a performance royalty? I know... I'm an idiot for not thinking of this before, and am Googling like crazy for more information - but I wanted to harness the vast collective wisdom of HCMCF as well ;)

I know there are lots more to figure out about this whole line of work...as I'm quickly finding.

*EDIT* I think I answered my own question: A performance royalty pertains to public performance of the recording. It seems like session musicians are only entitled to a flat fee, unless I'm missing something?

[Cygnus64]

*EDIT* I think I answered my own question: A performance royalty pertains to public performance of the recording. It seems like session musicians are only entitled to a flat fee, unless I'm missing something?

If it's a union gig on a major label, the session player will get some residuals for new use, film and TV use, compilation use etc.

In your case, you'll probably just get a flat fee and that's it.

[scarecrowbob]

No. You are doing work for a client; it is work for hire.

Now, if you can convince them otherwise, then great. But To me it seems like you're getting something for nothing: the client pays the money and puts up all the risk, and if maybe they are successful then you get a share? How is that ethical?

You only get paid on the back end if you are taking a risk that the product might sell or not sell.

So if you are producing for someone and getting paid an advance plus points, sure, you're getting points off the sale.

But it sounds like you're in the position of working for hire.

[Steve Nixon]

It depends specifically on how you negotiate the deal and what contract you use. It could be a flat fee payment or you can take points. You are using a contract right??