* The L word
I'm talking about lawyers. There is an unfortunate side to the music business ("business" being the key word here). Any time the words "attorney" or "lawyer" or "contract" get mentioned, people start to freak out. I have seen how ugly this gets which is why I bring it up. If you are the principle songwriter or head honcho who is hiring the session musicians (or whoever) for your upcoming project, I strongly suggest that you consult with an attorney and discuss the legal ramifications of what you are about to do and what needs to be done to protect your interests. What I'm talking about here is who owns the rights to the music being recorded. Who owns the copyright? Who is entitled to mechanical royalties and how much will that be?
You need to negotiate this stuff before the day of the first session. You need to prepare and present any contracts that need to be signed to the session musicians ahead of time and make sure they are cool with the wordage in the contract. They might want to run a contract by their attorney before the day of the session. Obviously, they need time to do that. If they haven't signed the agreement before the day of the session, make damn sure they are prepared to sign whatever paperwork you have before the session actually begins. Fax or email a copy of the paperwork you expect them to sign ASAP. Do not wait until the session is over and then expect the musicians to sign something shoved in their face at the very end of the day. You will be disappointed. You will get angry. Your life will become a living hell and you will end up bitter and rejected and living in a cardboard box under the tollway after having spent your entire life's earnings dealing with lawyers and court costs and divorce settlements and coke habits.
Most professional session musicians understand that they are functioning as contractors and are cool with the fact that they get a lump sum payment at the end of the session and that's all they are ever entitled to forever and ever amen. However, it's not uncommon for a session musician to actually be involved in the songwriting process. In fact, you, the artist/songwriter, might have specifically hired them to help you with the songwriting. Which means that under normal circumstances, they can expect to receive royalties from the sale, distribution or performance of the song(s). Unless, of course, there is a signed agreement stating otherwise.
Session guys sometimes would like a copy of the rough mixes at the end of the session. It's up to the person paying the bills whether or not they want to share work in progress with the players. I don't give anything to anyone without the express consent of the person paying the bills.
I recommend that you contact The Entertainment and Intellectual Property Group law firm here in Chicago for all your legal needs relating to the music and entertainment business.
If you are looking for some free boilerplate-style legal forms, try here.
Or also this.
Let me state in closing that I have no interest in any mechanical royalties or anything other than my normal hourly studio rate and will sign any contract to that effect.