[CaliaMoko]

A small music ezine is asking to include one of my songs on an album. This guy has done 26 of these albums and apparently no one has ever required a contract. I assumed there would be a contract and asked to see the terms. He said he never uses a contract. I said I could foresee the possibility of lawsuits down the road. He said, and I quote:

"As an independent publication/label working with independent artists legal documents are rarely asked for. There’s no questions of royalties as the original message states it’s not about making money but spreading independent grassroots music."

Am I being unnecessarily anal about this? And the original message DID mention the sale of these albums help defray costs of the ezine, so there was mention of money, though I haven't reminded him of that yet. AND he does include the phrase "used by permission" on every song plus each artist's copyright information.

Vicki

PS: The "original message" he mentions above says:

I’m in the process of putting together the next compilation and was wondering if I could please use a song? The idea is 16 songs by 16 artists, put on Bandcamp for £1.10 in the hope of generating some pennies to advertise the e-zine. I’ve also developed some links with online radio, indie labels and podcasts so each album tends to get some attention now too. What do you think?

[cowparsleyman]

@CaliaMoko - glad to hear you are getting the exposure your hard work deserves, personally I would call the guy and be very charming and ask some direct questions, what have you got to lose?

He should not be offended, if he is, why is he?

It’s he that wants your music, your original, hard work, why not at least make some enquires.

[shadowfax]

If he's selling the stuff..which he seems to be doing, then sounds like a bit of a rip off to me...would you ever know how many downloads he sells?

[Sterix]

He comes across a little naive if he thinks something like this can't have unforseen consequences down the line...

And I don't think realises someone aquiescing to him using their songs makes it a contract of sorts. Even if it's a "sure, put my song on there" - that's akin to a verbal contract and we all know how messy THOSE can be when lawyers get involved!

But even if he doesn't see it as a contract, he should provide more in-depth information. Personally, I'd want to know some (general) figures at least - how many albums he usually sells or expects to sell and at what point would revenue cover the advertising costs (and where does he advertise?) and do the artists then see any profit from this excess?

And, given how reticent he appears, I'd ask for testimonials as well from other artists he's done this with previously so you can guage the ammount of exposure you're like to get (or not!).

[MichaelA]

Hi Vicki, I wouldn't give anybody a song without a contract or written undertaking. Imagine if some well known artist wanted to use the song in the future. If it became a hit, then this guy could use that as a marketing stunt to sell 'his' album, but with no financial gain for you.

I have been on a couple of compilation albums in the long distant past. On both occasions I had a contract that a) split the income 50:50 with the artists after costs had been covered and b) specified that the song was provided on a strictly single use only, and bestowed no ownership or copyright to the indie label.

Even if he only makes a small profit from his albums, I always think the creator and owner of music should share in any income, however modest. Songwriters and artists are too often expected to provide services for free, as we all know.