Songwriting 101: Work for Hire Agreements

When it comes to any kind of music contract, songwriters are typically advised to consult an attorney. In the case of Work for Hire (W4H) agreements, a budget that has no room for attorney fees has forced a longtime songwriter like myself to resort to DIY. The cost of a demo is high enough. Those of us who are not performers already shell out hundreds of dollars, sometimes more, to pay for studio, engineer, musicians, singers and/or producer. Yes, even in the Pro Tools era.

But a company looking specifically for film/TV music does not want to deal with any material that will leave it vulnerable to a legal suit from parties who contributed to the recording. So the first question about any song you pitch in that category is: do you have clearance? The answer is: no, unless you have a signed W4H. Ergo, obtaining this agreement has now become routine for me with any demo.  Here’s what I’ve learned.

What is a W4H?

A W4H is all about ownership and therefore, all about money. Like publishing contracts, there is no one size fits all. As the songwriter and publisher, I do own the copyright of my song but not necessarily the actual recording unless I paid the performers a master rate that, like the attorney, equates to a fortune. A W4H agreement clarifies what rights I have to ownership and use of the recording.

Who gets paid what?

This is a murky area and depends on what you can negotiate. I have multiple versions on file. In one, a singer requests an upgrade payment for the difference between the demo rate and master rate if the demo is used as is. Incidentally, I like to make sure that in any W4H, the singer grants permission to use his or her name as the performer, just in case. I don’t want any legal problems either.

In another version, a producer stipulates that the demo can only be used for demonstration purposes with a provision that, in the case of interest in use of the existing recording, the upgrade price will be set solely by him. That price can amount to thousands of dollar. Plus, if some artist wants to use the track and only rerecord the vocals, not uncommon these days, this producer wants to be paid a set fee for release of the digital files (important for remixing) as well as for use of the produced instrumental track. The problem is that demo costs don’t get repaid first.

If you have an agreement that states you have to upgrade any musicians to the master scale rate set by the American Federation of Musicians (AFM), that amount too can be more than the film/TV company has budgeted for a track. An alternative is to give the performers a percentage of the earnings from synchronization fees and master use. The problem is that demo costs don’t get repaid first. Are you sensing a pattern here of how songwriters end up with the short (expensive) end of the stick?

The most pro-songwriter agreement is one in which everyone who worked on the track agrees to that one time payment with no entitlement to any future royalty earnings. In other words, those involved give the songwriter complete ownership rights to the recording. 

Consider co-writing credit

If you work with one producer on a track, either as a songwriter and/or an artist, and if that producer makes a major contribution to recording, you can consider giving him or her co-writing credit. I definitely have done that on numerous occasions even though the producer did not write the music or lyrics. Yes, you will need to put that into writing and share ownership of the copyright too.

The U.S. Copyright Office does provide a PDF on W4H agreements if you want to read more on the subject.

Let’s Mambo: The Legacy of Cuban Bassist Israel “Cachao” Lopez

His nickname Cachao (sounds like k-chow) came from his musician grandfather. His mother and father, also musicians, taught him to play the double bass and by age 12, he was performing with a symphony, standing on a box to reach the top of his instrument. When he died in 2008 at age 89, Cachao left behind an amazing legacy as a composer and virtuoso bassist. In a documentary hosted by fellow Cuban-born Andy Garcia on the PBS series, “American Masters” (2010), he was honored for his far-reaching influence, especially for the mambo. 

During the 90-minute program, Cachao named Beethoven as his favorite composer from his symphonic days. In his teens, he also began to play with dance orchestras. Although Pérez Prado is credited with starting the mambo craze in the U.S., Cachao and his brother did invent the style by incorporating Afro Cuban rhythms into a speeded-up variation of the popular slow dance of the 1930s called danzón. He was also composing at the time and talked about writing an incredible 1,500 danzóns.

In the 1950s, Cachao brought another innovation to music when he helped bring musicians together for the first jam sessions, called descargas, the source of improvisations that eventually led to instrument solos during the performance of jazz and other genres.

He was a musical star in Cuba when he left for Spain in 1962. With Castro now in power, he decided not to return and instead, joined his wife in New York. In 1966, they reunited with the daughter who had remained in Cuba during the years between.

His life took a downturn personally when they moved to Las Vegas.  He played at the major casinos but also gambled heavily. So, apparently at his wife’s urging, the family returned to New York. During the 60s and 70s, he played with Tito Puente and other leading Latin bands of the decades.

More rough times came when Cachao moved next to Miami. According to the interview with one musician who wanted to hire the legendary bassist, Cachao had no car and needed to use a rented instrument. Things changed when he ran into Andy Garcia. The actor produced a documentary on Cachao in 1993 that led to the recording and release of albums, putting the musician back on the main stage and even earning him a star on Hollywood’s Walk of Fame. The first album sponsored by Garcia and later a second, "Ahora Si!" both won him a Grammy. He wrote the title track for the Buena Vista Social Club album, another Grammy winner.  In 2006, Cachao performed live at the JVC Jazz Festival in Carnegie Hall and in London at age 88 (video clip on YouTube), the year before he died.

In spite of his incredible accomplishments and contributions, those who knew Cachao recall him as a humble man with a sense of humor who was devoted to music and family throughout a marriage that lasted 58 years.

Songwriting 101: Pitch Sheets

A pitch sheet is simply a list of music artists who are currently looking for songs or, in today’s music industry, either topliners or beats. A topliner writes words and melody to an existing track. Beats are tracks only that the artist wants to write his or her own lyrics and melody.

Some pitches are limited to publishers only. Some specify solicited only or unsolicited welcome, meaning you should not send material to solicited only unless you have a connection with the listed person/company. This applies more to directory listings.

It’s important to pitch a song that fits the listing request. For instance, if it asks for uptempo, don’t submit a ballad. If you’re not familiar with the artist, do take time to research what the band or singer sounds like. As a songwriter, you want to establish your credentials by being on the mark in style.  

The word reputable is also important when it comes to pitch sheets because they are expensive. Here are a few details about three of the established sheets. (Note: prices subject to change)  

ROW FAX

http://www.musicrow.com/

Current price: US$179 per year

Music Row magazine in Nashville publishes Row Fax weekly, predominantly for subscribers who are pitching country. The list includes “the artist, label, producer, recording schedule, project description and contact details when available.” Unlike other pitch sheets, many of the listings require you to drop off a CD. Only insiders can get a listen meeting. If you’re not in town, you may do better to submit your music through one of the songwriter’s organizations.

SONGLINK

http://www.songlink.com

Current price: $295 Euros or US$385 per year

SongLink, founded by David Stark in 1993, mostly covers the European market although on occasion, you will find U.S. listings. Many of the artists are unsigned or on independent labels. The sheet, published monthly and usually in increments, includes the name of the artist, a description of the music wanted, contact info, a link to the artist, time frame and CD, link or mp3 preferences. Most listings accept mp3’s via email.

TAXI

http://www.taxi.com

Current price: US$299.95 per year

TAXI calls itself “the world’s leading independent A&R company.” It works a little differently from the other two in that the company has an A&R staff of 200 who screen submissions. You send in the song you consider right for the listing directly to TAXI. The screener decides if the song should be passed on to the artist/publisher/music supervisor who is looking for material. So while the pitch sheet covers details of the project, you do not get contact info. And having a song passed on to the person behind the listing does not mean it will be selected. TAXI allows you to submit by snail mail or online but either way, you do get charged for each submission above and beyond your yearly subscription.

Names Behind the Music: Hip Hop’s Clive Campbell aka DJ Kool Herc

Rap is defined as talking in rhyme to a beat while hip hop is referred to as the culture that embraces rap, graffiti, dancing and that whole urban lifestyle rooted on the streets.

Talking to a beat is not new (from African griots to poetry slams) but the advent of rap as it’s known today began as a kind of backlash against the disco era. While there is no true originator, Clive Campbell or DJ Kool Herc has been dubbed the godfather of hip hop or one of its founding fathers. In 2007, the address where it all began, 1520 Sedgwick in the Bronx, was officially recognized by New York State as the birthplace of hip hop.

Herc is short for Hercules, a nickname tied his athletic ability as well as his commanding height of six feet five inches. The oldest of six children, Campbell emigrated with his family from Kingston, Jamaica in 1967 when he was twelve. They joined other Jamaican transplants in the Bronx, one of New York City’s poorest boroughs with neighborhood gangs and a high crime rate.

Using records from his father’s collection and memories from Jamaica of banks of speakers set up for parties, Herc merged the two at a sister’s party. This was his first DJ gig. He rigged the speakers to make the sound louder and began using two turntables with duplicate records. That way he could extend the breaks or beat section that the dancers liked. What began as rec room parties moved on to the outdoors where Herc would “borrow” power for his turntables and speakers from any handy electrical source.  He also brought in his friend Coke La Roc to act as MC and keep the crowd energized with responses to his calls during the breaks. He went on to DJ at more parties, parks, school events and eventually clubs. His first professional gig was at the Twlight Zone in 1973.

Herc became the B-Boy, the B standing for Beat, Break or Bronx. Since he played a mix of funk, soul, jazz, even disco records, focusing on the break of each, he also had a role in the beginning of sampling. 

But he was not the one to make the first rap record. It gets complicated. Some say that honor goes to Harlem rapper King Tim III by Fatback. He would also do the call and response during Fatback’s breaks.  Or the first was “Rappers Delight” by Sugar Hill Gang or “Superrappin’” by Grandmaster Flash and the Furious Five. Grandmaster Flash did release the “The Message” in 1982, the lyrics chronicling real life in the slums. There is also no doubt that rap received a big boost when Run DMC recorded “Walk This Way” with rock band Aerosmith in 1986, bringing the genre into the mainstream where it remains today, far from its humble beginnings in the Bronx.

In 2011, DJ Kool Herc underwent surgery paid for by donations since the hip hop pioneer had no health insurance.  

Sources:

http://djkoolherc.com/

http://www.whoinventedit.net/who-invented-rap.html

http://novaonline.nvcc.edu/eli/evans/his135/Events/Rap79/RapMusic.html