TV contract help

[walker rosewood]

My band answered a craigslist ad looking for bands to perform on a local tv show. 30 minute episodes, split between three bands means 8.5 minutes to each band, consisting of any combination of playing songs, and interview we'd like. This would be shot at a live show, or on site at an empty venue. Right now cost is $100 to the band for 8.5 minutes. I asked about distribution rights to the footage, and that is still being worked out. If the band retains distro rights, I think this is a great deal for some exposure, not to mention a nice dvd to throw in our press kit.

I asked about a contract, because I don't want to somehow get screwed out of song copyrights, performance rights, etc. I got back a non-final contract (it's still being edited by lawyers). If I could figure out how to attach a doc I would post the whole thing, but for now this is the main paragraph that concerns me.

2. Ownership. In the event that the work and material which is the subject of this contract is
copyrightable subject matter, you and Producer hereby agree that for the purpose of this contract the
work and material shall be a work-made-for-hire and the property of Producer. In the event that the work and material which is the subject of this contract is not copyrightable subject matter, or for any reason is determined not to be a work-made-for-hire, then you hereby grant all right, title and interest to said work and material to Producer for the within-named client, and you will promptly execute and deliver such documents as may be requested by Client in order to accomplish the transfer of all such right, title and interest.

So my question is this, what wording should I be on alert for? And if I were to ask for an amendment to the contract, how exactly should a paragraph be worded for the band to legally retain all rights to the songs, lyrics, performance rights, etc?

note: please only respond if you have experience with a tv/band performance contract or similar situation. Please no speculation or un-useful comments. also *any responses are personal advice, and will not be taken as legal consultation* if you'd like to include your own disclaimer, please do so on your post.

[walker rosewood]

oh, the contract is what the production company uses for making tv commercials for clients. Like I said, it's being revised for this tv show thing.

[Jason P Bass]

It's not clear from your post whether or not you're aware of this, but that excerpt from the contract means that the producer owns all the rights to anything you do on the show.

The operative language here is "work made for hire". I.E., they hired you to be on the show, so they own the rights to what you do. It does not matter that you are actually paying them for the privilege - they state in the paragraph that the result is considered "work made for hire" and the property of the producer.

On the flip side, the product of THEIR work is what you're trying to get. They make videos with their cameras and employees, and you're trying to get some limited distribution rights so that you can use the video of yourselves for promotion. I doubt they will happily give away their work to you.

Talk to a lawyer.

[pasta4lnch]

Originally Posted by Jason P Bass

Talk to a lawyer.

BIG +1.

as a general rule I never "pay to play". no matter how cool the deal seems, in hind sight I never regret it because they are usually scams of sorts.

It's hard to tell the deal from that excerpt - I'm a little confused by it later being deemed not a work for hire. But it is what it is, they will own the performance and right to use it where ever. are you, or any of your band members affiliated w/ a rights society (ASCAP, BMI or SEASAC)? I'm ASCAP and I know they do offer some free help in contract reviewing . . .

never sign anything you aren't sure of!

[walker rosewood]

It's not clear from your post whether or not you're aware of this, but that excerpt from the contract means that the producer owns all the rights to anything you do on the show.

That's what I was worried about. Does it mean if we play song x on the tv show, the production company then owns the copyright to the music and lyrics of song x? Or the right to perform song x in the future? Or does it just mean they have the right to use the footage however they want to. Right now this contract is for making commercials, so when their lawyer revises the contract I will carefully read over changes.

I don't have free access to a lawyer. Although a long time ago I signed up with ASCAP as a composer (I was writing classical music). I'll look into that. Would it be beneficial for the band to sit down with their lawyer?


I could just cut and paste the whole contract here, but it would probably take up an entire page. It's 4 pages in a word doc.

[Music Attorney]

Obviously, having the whole contract and more info would help, and, frankly, the drafted language isn’t that artful, but here’s my quick suggestion:

1. I don’t know of any one that has (or would) use the “work made for hire” language to grab rights in a musical composition under these circumstances, but it is a concern that comes up in these negotiations sometimes and it’s certainly customary to add something like “(excluding any musical compositions)” after the word “matter” in the first sentence.

2. To the extent you want to limit the Producer’s rights in the audiovisual footage, I added the following language to the “rights” paragraph from a “Dancing with the Stars” episode a client appeared on: Notwithstanding the foregoing, Company can only exploit Artist’s performances on the Program as follows: (i) television broadcasts of the particular episode of the Program in which Artist appears; (ii) ads and publicity for the particular episode of the Program in which Artist appears; and (iii) as part of a VHS/DVD series embodying the particular episode of the Program in which Artist appears along with other Program episodes. Company may not use Artist’s performances apart from the above uses including any separate audio or soundtrack uses, merchandising, and commercial tie-ups.”

3. Most television producers wouldn’t allow you to retain distribution rights in the footage of your performance, but the goal would be to have them grant you a gratis license in perpetuity to use the footage in all media in any manner. If they won’t grant something that broad, then try to parse out what you need (e.g., posting on band’s website, promo/commercial DVDs, press kits, etc)

Best,
MA