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#1November 1st, 2010 · 03:20 PM
371 threads / 187 songs
3,356 posts
United Kingdom
The AMP Production Agreement Samples
I want us to all be protected for all bandAMP productions, I did a lot surfing to try and find a sample agreement we could edit from. Here below is a sample of such an agreement, many of the terms would need to be edited or even taken out. I need a volunteer who is either good at English or has some law knowledge to taylor an agreement. In this particular case I am in effect producing the album, so I think this may be one possible solution.

PRODUCTION AGREEMENT-SAMPLE

    This Agreement, made and entered into on the1st day of April 2006 by and between DAVE TOUGH DBA DAVE TOUGH PRODUCTIONS hereinafter referred to a "Producerand  JOHN DOE DBA "THE AWESOME BAND" (hereinafter referred to as "Artist").
    FOR, AND IN CONSIDERATION OF, the premises and the mutual covenants contained herein, Producer and Artist do hereby agree as follows:
   
    1.Artist hereby engages the services of Producer to produce for Artist, JOHN DOE  DBA "THE AWESOME BAND" so-called "master-demos" (hereinafter referred to as "Recordings"). Producer hereby agrees to produce (3) Recordings to the best of Producer's ability. The Recordings shall be produced during the month (s) of   August and September 2006 .  Production shall take place at REAL LIFE STUDIOS in Los Angeles, CA. The budget for the (3) Recordings shall be $1500 Dollars up to the point of Producing a two-track master CD to Artist's reasonable satisfaction.  These (3) recordings will be used to by the artist to solicit record company interest.
    2.   In consideration for Producer's services hereunder, Artist agrees to pay Producer the following: FIVE HUNDRED DOLLARS ($500) per Recording produced by Producer hereunder.   
    3.    The Recordings shall remain the property of Producer until all monies due Producer by Artist are received by Producer.
    4.    Artist and or Producer may at anytime terminate production of Recordings.
    5.   In the event Artist or Producer terminate production of Recordings, Artist must pay Producer all monies owed of any and all work performed by Producer in accordance with Paragraph 2 of this agreement.
    6.   To be binding and in full effect, termination by either party must be in writing, signed, dated, notarized, and delivered by party seeking termination.
    7.  Termination of production of recording shall not in any way alter, amend, or eliminate any rights Artist or Producer have to royalties, publishing, applicable credit for recording, producing, engineering, song ownership, or any other rights, privileges or benefits allowed by state or federal law.
    8.  In the event the (3) Recordings are used as part of Artist's effort to obtain a recording agreement and Artist obtains such an agreement with a record company, Artist shall be obligated to engage Producer to produce and receive producer credit on (3) tracks appearing on Artists first commercially released album with said record company.
    9.   In the event said record company or Artist wish to terminate production relationship with Producer, Artist must pay the sum of EIGHT-THOUSAND ($8,000) Dollars to terminate relationship.
    10. In the event Producer is engaged to produce Artist's recordings for a record company, Producer shall be entitled to a pro-rata share of Artist's advance based on Producer receiving a royalty of TWO PERCENT (2%) of suggested retail selling price (SRLP) and a production fee of FOUR THOUSAND DOLLARS ($4,000) per album track produced by Producer hereunder.  The 2% royalty rate will be paid on record one, without regard to Artists recoupment of recording costs.
    11.   In the event Producer is not engaged to produce Artist's recordings for a record company, and one (1) or more of the Recordings (even though re-mixed or edited) is commercially released by record company, Producer shall be entitled to a pro-rata share of producer's royalties from the sale of any such records embodying the Recordings (or any of them), based on the ratio that the number of Recordings bears to the total number of recordings embodied in said record.
    12.   Producer and Artist acknowledge and agree that this agreement between them may not cover every situation and circumstance that may arise in the future concerning the Recordings. In such an event, Producer and Artist agree to discuss and negotiate any such situation or circumstance in good faith, toward the goal of reaching a mutually satisfactory resolution thereof, consistent with the spirit and intent of this agreement.
    13.  If any paragraph or clause of this agreement is found to be unenforceable, the remaining clauses or paragraphs shall be unaffected and shall remain in full force and effect.
    14. This agreement has been entered into in, and is to be interpreted in accordance with the laws of, the State of California.  All actions or proceeding seeking the interpretation and /or enforcement of this agreement shall be brought only in the State or Federal Courts located in Los Angeles County.  All parties herby submitting themselves to the jurisdiction of such courts for such purpose.  The prevailing party to any dispute relating to the terms of this agreement shall be entitled to reasonable attorney's fee's and costs incurred.
    15.  This agreement shall be binding upon, and inure to the benefit of, the successors, assigns, heirs and personal representatives of Producer and Artist.
    16.  This agreement replaces and supercedes any and all prior negotiations, understandings and agreements between the parties hereto, with respect to subject matter hereof.
    17.  This agreement may not be altered without the expressed written consent of all parties involved.

    The signatures below confirm all parties involved understand this Agreement in full and feel it is fair and just.

Executed on the 20th day of SEPTEMBER 2006


   
           
DAVE TOUGH DBA "DAVE TOUGH PRODUCTIONS", Producer



           
JOHN DOE  DBA "THE AWESOME BAND", Artist
#2November 1st, 2010 · 04:45 PM
208 threads / 64 songs
2,289 posts
United Kingdom
withdraw
please withdraw all my potentials ........

john t

thanx denis
#3November 1st, 2010 · 04:56 PM
38 threads / 11 songs
278 posts
Canada
re: withdraw
swordfish wrote…
please withdraw all my potentials ........

john t

thanx denis

He posted this up here to be edited, it's not final I'm sure
#4November 1st, 2010 · 05:17 PM
371 threads / 187 songs
3,356 posts
United Kingdom
re: re: withdraw
thebigguyconnor wrote…
swordfish wrote…
please withdraw all my potentials ........

john t

thanx denis

He posted this up here to be edited, it's not final I'm sure
YES CONNER SURE TO BE SURE, THAT'S WHY I POSTED IT, IT'S JUST A SAMPLE, I'VE ALREADY STATED THIS ABOVE AND THAT I'D NEED HELP FROM YOU GUYS TO EDIT IT IN THE INTERESTS OF ALL OF US, PLEASE READ THE REPOSNE I MADE TO SWORDIE'S POST IN THIS THREAD.

CHEERS
#5November 1st, 2010 · 05:19 PM
371 threads / 187 songs
3,356 posts
United Kingdom
re: withdraw
swordfish wrote…
please withdraw all my potentials ........

john t

thanx denis
WHY ARE YOU WITHRAWING, YOU COULD AT LEAST HAVE GIVEN US AN EXPLANATION? IT LOOKS AS THOUGH YOU HAVE READ THIS THREAD AND THOUGHT I'M OUT TO PROFIT FORM THIS?

YES IT IS ONLY A SAMPLE JOHN OF WHAT I FOUND ON THE INTERNET, IT DOES SAY IN THE THREAD IF YOU READ IT THAT MANY OF THE POINTS WOULD HAVE TO BE WITHDRAWN OR EDITED. I'M NOT DOING THIS TO MAKE MONEY!!
ALL PROCEEDS WILL BE SPLIT EVENLY BETWEEN ALL OF THE MEMBERS TO BE INCLUDED IN THE ALBUM. MORE SO I HAVE SAID THAT ADMIN IS NOT MY STRONG POINT, WHICH IS WHY I'M ASKING YOU GUYS TO HELP!

IT'S IMPORTANT TO HAVE AN AGREEMENT FOR EVERYBODYS SAKE, LIKE FOR EXAMPLE PROTECTING YOUR RIGHTS AND COPYRIGHT TO YOUR SONG.

PLEASE EXPLAIN YOURSELF IN THIS THREAD
#6November 1st, 2010 · 06:05 PM
127 threads / 43 songs
2,805 posts
Puerto Rico
Im with Dennis,his trying to work something out..Being an ass wont resolve this so please explain J. I sure wanna hear this!!! Anyways D. I need to go over this so I can give you my view on it..I have already signed record deals with two mayor labels(RCA and Palm records) over the years as a full band and will compare this to my contracts and see what feedback I can give..Kudos D for a job well done!
#7November 1st, 2010 · 06:10 PM
371 threads / 187 songs
3,356 posts
United Kingdom
Marino wrote…
Im with Dennis,his trying to work something out..Being an ass wont resolve this so please explain J. I sure wanna hear this!!! Anyways D. I need to go over this so I can give you my view on it..I have already signed record deals with two mayor labels(RCA and Palm records) over the years as a full band and will compare this to my contracts and see what feedback I can give..Kudos D for a job well done!

That would be awesome M,
Cheers
#8November 1st, 2010 · 09:03 PM
340 threads / 59 songs
4,344 posts
United Kingdom
Dont want to get too involved but didn't we just send you permission last time ?
The fact that our music is uploaded to the bandamp server is a 'protection' in its self ? yes? no?

 This does sound pretty hairy though :

 9.   In the event said record company or Artist wish to terminate production relationship with Producer, Artist must pay the sum of EIGHT-THOUSAND ($8,000) Dollars to terminate relationship.

Denis dont take Swordys reaction personal .... he's being a puffed up fish (Like the one at the dentists in Finding Nemo).... it says more about him than you...but you also dont need to shout so much to 'protect' your respect.
#9November 1st, 2010 · 10:50 PM
38 threads / 11 songs
278 posts
Canada
Shortened version that I wrote…
1.  Bandamp Artist hereby engages the services of Producer (Denis) to produce for specified Bandamp Artist, JOHN DOE so-called "tunes" (hereinafter referred to as "Recordings"). Producer hereby agrees to produce recordings to the best of Producer's ability. The Recordings shall be produced as soon as possible after voting is done.
    2.   In consideration for Producer's services hereunder, Artist agrees to be as active in the bandamp forums as possible!
    3.   Artist and or Producer may at anytime terminate production of Recordings.
    4.  Termination of production of recording shall not in any way alter, amend, or eliminate any rights Artist or Producer have to royalties, publishing, applicable credit for recording, producing, engineering, song ownership, or any other rights, privileges or benefits allowed by state or federal law.
    5.   Producer and Artist acknowledge and agree that this agreement between them may not cover every situation and circumstance that may arise in the future concerning the Recordings. In such an event, Producer and Artist agree to discuss and negotiate any such situation or circumstance in good faith, toward the goal of reaching a mutually satisfactory resolution thereof, consistent with the spirit and intent of this agreement.
    6.  This agreement may not be altered without the expressed written consent of all parties involved.

    The signatures below confirm all parties involved understand this Agreement in full and feel it is fair and just.

Executed on the 1st day of NOVEMBER 2010


  
          
DAVE TOUGH DBA "DAVE TOUGH PRODUCTIONS", Producer



          
JOHN DOE  DBA "THE AWESOME BAND", Artist

Inside the quote is my shortened version that that retain what I personally think applies to us most.

I understand that this can be a good thing to have, but in its current form it's pretty useless.  We need someone with some legal know-how to help us out!
#10November 2nd, 2010 · 03:35 AM
371 threads / 187 songs
3,356 posts
United Kingdom
kings wrote…
Dont want to get too involved but didn't we just send you permission last time ?
The fact that our music is uploaded to the bandamp server is a 'protection' in its self ? yes? no?

 This does sound pretty hairy though :

 9.   In the event said record company or Artist wish to terminate production relationship with Producer, Artist must pay the sum of EIGHT-THOUSAND ($8,000) Dollars to terminate relationship.

Denis dont take Swordys reaction personal .... he's being a puffed up fish (Like the one at the dentists in Finding Nemo).... it says more about him than you...but you also dont need to shout so much to 'protect' your respect.


I hope I have over reacted, seriously - Swordie's may have other reasons for withdrawing, his post made the wrong impression, I like to nip things in the bud
I need some support with this project, I'm not one for being slap dash, rather, I aim to be as professional as possible. I've taken on the resposiblilty for this project, I will see it through until it's published.
#11November 2nd, 2010 · 03:59 AM
117 threads / 27 songs
1,057 posts
Germany
Slowly Im going to understand that you wanna produce a real and `physical` CD .So far I thought it would be published like the first album here on the Amp-site` as a widget. (simple-hearted & naive U.L.I.)
Now I ask myself : how many exemplars will be produced ? What about the costs for it ? How and where to
distribute / sell the CDs ? What about the proceeds ?  Wouldnt it be better to distribute it via Internet in the way I mentioned above ? How many people could be reached with the one or the other method of publishing ?
About permission  :Im with kings`. Really complicated all that.    I still think more than ever we need judical help and advice  to avoid trouble , misunderstandings or conflicts (internal & external).
I personally have some  compunctions to sign a contract in a foreign language .Judical terms in my
native language are difficult enough , but in english ? Puuuuhhh
U . L . I .
#12November 2nd, 2010 · 04:07 AM
371 threads / 187 songs
3,356 posts
United Kingdom
thebigguyconnor wrote…
Shortened version that I wrote…
1.  Bandamp Artist hereby engages the services of Producer (Denis) to produce for specified Bandamp Artist, JOHN DOE so-called "tunes" (hereinafter referred to as "Recordings"). Producer hereby agrees to produce recordings to the best of Producer's ability. The Recordings shall be produced as soon as possible after voting is done.
    2.   In consideration for Producer's services hereunder, Artist agrees to be as active in the bandamp forums as possible!
    3.   Artist and or Producer may at anytime terminate production of Recordings.
    4.  Termination of production of recording shall not in any way alter, amend, or eliminate any rights Artist or Producer have to royalties, publishing, applicable credit for recording, producing, engineering, song ownership, or any other rights, privileges or benefits allowed by state or federal law.
    5.   Producer and Artist acknowledge and agree that this agreement between them may not cover every situation and circumstance that may arise in the future concerning the Recordings. In such an event, Producer and Artist agree to discuss and negotiate any such situation or circumstance in good faith, toward the goal of reaching a mutually satisfactory resolution thereof, consistent with the spirit and intent of this agreement.
    6.  This agreement may not be altered without the expressed written consent of all parties involved.

    The signatures below confirm all parties involved understand this Agreement in full and feel it is fair and just.

Executed on the 1st day of NOVEMBER 2010


  
          
DAVE TOUGH DBA "DAVE TOUGH PRODUCTIONS", Producer



          
JOHN DOE  DBA "THE AWESOME BAND", Artist

Inside the quote is my shortened version that that retain what I personally think applies to us most.

I understand that this can be a good thing to have, but in its current form it's pretty useless.  We need someone with some legal know-how to help us out!

This is precisely what this thread is for, thanks for making the effort Conner, this is a good start.

kings the last album was for charity, this one is NOT, that's why an agreement between us is all so important, everyone needs to agree with how this will be published.
I wish there was an easier way to deal with it, there isn't.
This project is a little different in the way it's being published in that it's in a effect a bandAMP production, how many other music websites like us have produced an album, what legalities did they use I wonder. I suppose it's a bit like the production companies who put together a compilation album, an agreement similar to that would be great.
In terms of royalties, let me assure you all you will get 100% of any profit made by any individual tracks downloaded, assuming the distribution company can itemise what has been sold, album downloads will be split between all of us. There are no fee's to pay to get the album published and no ongoing subscription fees to pay, it's not costing me any money. All rights of the original artist and copyright of the songs will remain with the songwriter.

It's important that you are all aware with whom the album will be published through, which is routenote.com
you can log onto their website and check their terms and conditions. I do know that we the artists receive 90% of the royalties, we need to generate a minimum of $50.00 of income before any royalties are paid. In reality unless we market the album it won't sell just like the first album, but as the new album proceeds go to the artists, I'm hoping that members will make the effort to market the album or even themselves. It's in the interest of ourselves and bandAMP, who knows we could become recognised one day, it may not be everyones dream, but it certainly is one of mine.
#13November 2nd, 2010 · 04:30 AM
371 threads / 187 songs
3,356 posts
United Kingdom
ULI wrote…
Slowly I�m going to understand that you wanna produce a real and `physical` CD .So far I thought it would be published like the first album here on the �Amp-site` as a widget. (simple-hearted & naive U.L.I.)
Now I ask myself : how many exemplars will be produced ? What about the costs for it ? How and where to
distribute / sell the CDs ? What about the proceeds ?  Wouldn�t it be better to distribute it via Internet in the way I mentioned above ? How many people could be reached with the one or the other method of publishing ?
About permission  :I�m with �kings`. Really complicated all that.    I still think more than ever we need judical help and advice  to avoid trouble , misunderstandings or conflicts (internal & external).
I personally have some  compunctions to sign a contract in a foreign language .Judical terms in my
native language are difficult enough , but in english ? Puuuuhhh
U . L . I .

The album will be for mp3 download only, read my post above.
#14November 2nd, 2010 · 04:49 AM
117 threads / 27 songs
1,057 posts
Germany
Denis wrote…
ULI wrote…
Slowly I�m going to understand that you wanna produce a real and `physical` CD .So far I thought it would be published like the first album here on the �Amp-site` as a widget. (simple-hearted & naive U.L.I.)
Now I ask myself : how many exemplars will be produced ? What about the costs for it ? How and where to
distribute / sell the CDs ? What about the proceeds ?  Wouldn�t it be better to distribute it via Internet in the way I mentioned above ? How many people could be reached with the one or the other method of publishing ?
About permission  :I�m with �kings`. Really complicated all that.    I still think more than ever we need judical help and advice  to avoid trouble , misunderstandings or conflicts (internal & external).
I personally have some  compunctions to sign a contract in a foreign language .Judical terms in my
native language are difficult enough , but in english ? Puuuuhhh
U . L . I .

The album will be for mp3 download only, read my post above.
Sorry , denis if I should have overseen
or forgotten this part of your post . Its  an example how diificult it is for me to follow the discussion .
Please have patience with me . I guess its better to ask one more time too much than one more time too less .
That`s what my dad taught me   
#15November 2nd, 2010 · 06:23 PM
208 threads / 64 songs
2,289 posts
United Kingdom
re: withdraw
swordfish wrote…
please withdraw all my potentials ........

john t

thanx denis

woops !!!! seem to have set off a totally unexpected wave of chat here ..........
Its nothing personal at all ......... or to do with the agreement draft posted....
After a bit of thought Ive simply decided I dont want to be on the project......
I love the Amp and all the ampers

I've recently started feeling thatnone of my stuff is 'polished' enough for release .

its as simple as that

   the fish
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