OK... so here's a slightly different angle to the written agreement.

How many of you get signed written permission forms from someone who records a track for you to use in their song? Doesn't matter if it's instrument or vocal.


Lets say, you write a song, and it needs a unique guitar solo in it that follows the melody line and BB/RB doesn't seem to do it so you PM me and ask me to play the guitar part on your song. I agree to record the track in my studio. How many of you would insist that I sign a release to let you use my guitar track?

Anyone? Yes? No?

If you don't, you are foolish to use that track publicly. Copyright violation and the resulting possible legal issues can arise. The person who records their track owns the copyright on that track. Unless you have them sign a release allowing you to use that track, you are not the owner of that track and can not use it without permission. I can hear the arguments.... oh he's my buddy, she's my friend and they would never do that to me. And unicorns grant wishes and Leprechauns have pots of gold too. Put money via commercial use into the equation a year later and see what happens.

If you are not getting a release form signed, whoever was the artist on a given track has the legal right to prohibit you from using the track in your song. You could potentially go through the process of mastering that song, putting it on a CD, pressing hundreds of copies for sale only to find out that the artist refuses to let you use that track and you are suddenly setting on hundreds of unsalable CD's and thousands of dollars that you can not recover. All for want of a signature on a release form.

I learned this lesson the hard way. Someone contributed a track to one of my songs. I mentioned putting it on the net for others to hear. Not even placing it in a library, just putting it on my sound click. The other person said absolutely not... they didn't want it posted. I had to remove their track and find another way to get it done, and you can best believe I had a form signed on every one since. Trying to negotiate after the fact is a PITA because you are at the disadvantage.

I know this is a lot of paper work, and I can see eyes rolling and others glazing over..... Just interested in your thoughts on this aspect. Has this even crossed your mind when you are collaborating a track for someone else or asking for a track from another person?



EDIT: Most musicians know this.... How often do we see someone come in who is new and ask if they can use these tracks in BB/RB or do they have to pay royalties and license fees? As owners of BB/RB we know that we have the license to use these TRACKS without further permissions.
This is not the case on tracks recorded by others.

Last edited by Guitarhacker; 01/24/17 03:21 AM.
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