Re: How would you do up a contract like this...
- From: David Sherman <possible20@xxxxxxxxxxxxxx>
- Date: Sun, 29 Apr 2007 11:03:45 -0400
Dan,
Too bad nobody replied. I would have expected Dr. Matt to chime in with
some good info.
My answer is: I really don't know!
But my gut is that there should be two contracts. I can't exactly say why.
Maybe with two separate contracts you can spell out future performance fees
to each organization independent of each other. In stating future
performance fees in one contract, is it possible that each group may
understand that they are only responsible for 50% of the fee even if they
are performing it independently of each other?
If so, I'd make two contracts.
I'm a little weak on performance fees and royalties. Now if there was a
question about union contracts and broadcast fees, royalties and residuals,
I could definitely help!
Sorry I can't be of more help here.
David
On 4/22/07 8:17 PM, in article t5-dnTGHUspzZ7bbnZ2dnUVZ_tGvnZ2d@xxxxxxxxxxx,
"Dan McGarvey" <mcgarveyd@xxxxxxxxxxxxxxxxxx> wrote:
This is for you folks who do your commissions via contract.
I have a bit of a unique situation (at least for me), and want to know how
this should be handled. I'm about (after months of procrastination) to
enter into a commission contract to compose a piece for concert band and
choir. They are, of course, two separate organizations, both of whom are
putting in a percentage of my fee and both of whom are expressing interest
in retaining performance rights for a duration to be determined. One of the
organizations is a military band, and the other is a local commuity choir;
these two groups are putting on a joint concert in November for which I'm
writing the finale number, but after that concert they will part ways. Here
are my questions:
It's been clearly determined the percentage of fees each group will cover;
should I state those percentages in a single contract that both parties will
sign to or should I do up two separate contracts, each stating only the fees
for which that group is responsible for? What makes more sense?
Second, the question of performance rights. Both groups want to do further
performances of the peice after this, but not together. Is it common to
grant performance rights to more than one group on a commission like this?
Are there any legal drawbacks that I'm not thinking of? Again, should that
be done as a single contract or should I do two, with riders in each stating
the particulars of the other group's performance rights? And who gets first
right of refusal for recording?
If I do a single contract forthis, I'm going to have to almost type up a
completely new contract that covers all of this. But I want to keep all the
legal bases covered. What am I not thinking of? Suggestions?
Dan
.
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- From: Dan McGarvey
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