Do you use any kind of contract when hiring singers on Fiverr?

[fivrpswtato]

I’ve have been a Fiverr buyer for a long time but never used any kind of music gig. Now I need to hire a singer for a song I’m producing and I’m in doubt: do you use any kind of music contract when hiring singers (or musicians)? Is it good practice to have one?

I can see there are hundreds or even thousands of singer gigs sold on Fiverr and as I am completely new in this field I would be extremely thankful if someone could clarify it to me: what are these records being used for? Are all those songs being released commercially?

[imagination7413]

Depends on what you need/plan to use the recordings for. Here’s a few threads in line with the topic.

. You Don’t Understand Commercial Usage
. Commercial rights - how does it work?
. Transfer of copyright is too vague
. Twitch - permission to use my compositions

(There’s a difference between full rights, commercial rights, distribution rights, ect.) I was once hired to make a practice-track, since not everyone can read sheet music and this person needed an example so they could learn by ear. I’m sure there’re other cases of singing that’s not used in a ‘release’.

[benedictrm]

I assume - hope even - that all songs I work on as a Mix Engineer or Composer are released as potential chart hits. Let’s be honest tho and accept that most songs will never get past some plays on YouTube (if they are smart enough to have a video) and maybe a couple of sales on Bandcamp.

It is assumed that if you are releasing a song to the public that usage rights come with it. There is no practical point at which the singer can or should turn around later and try to claim you cannot use the recording.

They can however note early in the process (not after) that they expect Credit which means that if you post that song on Spotifry or license it to a record label that takes it Top 10 that their name needs to be in the correct places for what they did, Songwriting, Lyrics, Performance etc. This should then see monies earned apportioned appropriately. If so you MUST give Credit. As credit should always be given - just as you assume that your name should always be on your song.

Example: Manfred Mann’s Earth Band releases a song called “Spirits In the Night”. It is credited broadly to Manfred Mann or Manfred Mann’s Earth Band. In the liner notes (and legal stuff) that Bruce Sprinsteen wrote the song and Chris Thompson sang the song. It will also list the other musicians and should list the Record Producer (who generally gets points) and Mix Engineer (who sometimes gets points), if not the Recording Engineer as well out of politeness as visible credit brings more work. Denying credit is denying the opportunity for more work. Mighty rude.

Many young and inexperienced people try to opt-out of this claiming that they will always own 199% of their song even tho it was made by specialists. This could get ugly later if they were not very up-front or paid reasonably - as in Scale (not $5) as they have used their power to force unfavorable terms on a supplier who could not reasonably know better.

If I feel like a client is not telling me honestly the intended use for the Work, I will move on. This is especially so if they are a business like Nike (who I am sure would always be honest seeing they know the law) yet trying to hide who they are and the real value of the work - seeing a Nike advert is worth way more than one for Shlboopy’s Shoes of Bumblyville (Population 12).

As for contracts, probably not worth a lot so long as a) you are clear what the work is and the usage will be, b) ensure that you show Credits wherever appropriate. the main Fiverr contract and your printed and agreed discussions form reasonable Intent.

If your song goes Gangnam style and the Credits are well where they should be you got your cut, they get theirs. and everyone is grinnin’.

🙂

[fivrpswtato]

I assume - hope even - that all songs I work on as a Mix Engineer or Composer are released as potential chart hits. Let’s be honest tho and accept that most songs will never get past some plays on YouTube (if they are smart enough to have a video) and maybe a couple of sales on Bandcamp.

It is assumed that if you are releasing a song to the public that usage rights come with it. There is no practical point at which the singer can or should turn around later and try to claim you cannot use the recording.

They can however note early in the process (not after) that they expect Credit which means that if you post that song on Spotifry or license it to a record label that takes it Top 10 that their name needs to be in the correct places for what they did, Songwriting, Lyrics, Performance etc. This should then see monies earned apportioned appropriately. If so you MUST give Credit. As credit should always be given - just as you assume that your name should always be on your song.

Example: Manfred Mann’s Earth Band releases a song called “Spirits In the Night”. It is credited broadly to Manfred Mann or Manfred Mann’s Earth Band. In the liner notes (and legal stuff) that Bruce Sprinsteen wrote the song and Chris Thompson sang the song. It will also list the other musicians and should list the Record Producer (who generally gets points) and Mix Engineer (who sometimes gets points), if not the Recording Engineer as well out of politeness as visible credit brings more work. Denying credit is denying the opportunity for more work. Mighty rude.

Many young and inexperienced people try to opt-out of this claiming that they will always own 199% of their song even tho it was made by specialists. This could get ugly later if they were not very up-front or paid reasonably - as in Scale (not $5) as they have used their power to force unfavorable terms on a supplier who could not reasonably know better.

If I feel like a client is not telling me honestly the intended use for the Work, I will move on. This is especially so if they are a business like Nike (who I am sure would always be honest seeing they know the law) yet trying to hide who they are and the real value of the work - seeing a Nike advert is worth way more than one for Shlboopy’s Shoes of Bumblyville (Population 12).

As for contracts, probably not worth a lot so long as a) you are clear what the work is and the usage will be, b) ensure that you show Credits wherever appropriate. the main Fiverr contract and your printed and agreed discussions form reasonable Intent.

If your song goes Gangnam style and the Credits are well where they should be you got your cut, they get theirs. and everyone is grinnin’.

🙂

Hi, thanks for such a detailed and helpful answer.

I think you clarified most of my doubts.

Strange to see that many singers here on fiverr makes it clear in their pages that they don’t want their names or images used with the song. Some of them are quite emphatic about that.

My biggest concern is to do everything right and make sure I don’t have problems in the future.

You never know if the melancholic song you wrote alone in the backyard in a rainy day is bound to be the next big hit.

[benedictrm]

Hi, thanks for such a detailed and helpful answer.

I think you clarified most of my doubts.

Strange to see that many singers here on fiverr makes it clear in their pages that they don’t want their names or images used with the song. Some of them are quite emphatic about that.

My biggest concern is to do everything right and make sure I don’t have problems in the future.

You never know if the melancholic song you wrote alone in the backyard in a rainy day is bound to be the next big hit.

I note a strange thing with many musicians who claim they want to be stars yet will not make a video (or even proper album cover) as they don’t want to be seen.

Ummm. How successful would Justin Beiper be if no one saw him? Exactly, his looks are part of it so these are people with a fantasy but no courage to do the job properly. Try to avoid them as they cannot sing your song well if they can’t let themselves be seen or heard.

I want my name on everything. It is my legacy.

Like I said, so long as you are open and honest, it is enough. Work with good people. Work with people who care about the Song. Work with people who are looking to lift you up (and hopefully themselves too).

🙂

[arimouratides]

Not sure why this is such a confusion on fiverr. There is well established legal precedent for most of these issues. “Publishing” rights are being sold here, on a “work for hire” basis. It’s clear in the proof of work that fiverr gives you (receipt). The other portion is “writers share”…no one can ever “own” your ideas. Just as you can never “own” mine. I’m not sure why people are complicating this further than that. When you engage in “work for hire” your ideas fixed to a “tangible medium” are being sold for promotion, distribution of further production. Basically the buyer “owns” the recording…it would be absurd to think that your “work fir hire” includes your intellectual property (how is it possible to “own” am idea…it’s not tangible). The statement “if you pay me extra to use the recordings” is used by the seller, that is equally absurd, as the proof of work receipt is already “buying” those publishing rights. I think some of the people speculating on this, are going to get a rude awakening when they wind up in court over such issues. If you still have questions, look up the legal term “in consideration of…”…it is the basis of contract law…for example "in consideration of, the fee of $1, XYZ hereby engages ABC in a “work for hire”…as a “buyer” I am always skeptical of anyone who is charging too little for their time and talents. I also see a very strange concept/ideology from many “buyers” that they can somehow “own” your intellectual property…it’s ridiculous…this is “Music Business 101” kind of stuff…