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Hot Button Issues in Producer Agreements



Hot Button Issues in Producer Agreements


This document, prepared by Philip E. Daniels, Esq. for our program, is a summary of commonly debated issues that arise during the course of negotiating a producer agreement. These are by no means exhaustive and are intended to give the reader an overview of the positions typically taken by an artist and producer during the course of negotiating a producer agreement.

Product Description


Once again we bring you top music attorneys, this time Phil Daniels and Gary Fine, to to wrangle a career-making deal.

Most people think they can just hand a negotiation to a lawyer, and leave it at that. But as a professional, you need to be aware of the process and deal points, too, and what the short- and long-term implications to your artists’ careers may be.

Most importantly, you will see HOW a producer deal is negotiated and be involved in the process.

Get educated about the art of deal making!

More Info

  • Producers, Artist Managers and Artist Reps
  • Record & Music Publishing Executives
  • Music Attorneys

The right time to make a deal

Major areas of negotiation, including:

  • Producer advance vs. recording fund. Did you know it all comes out of the artist’s recording fund?
  • Producer royalty. Did you know it all comes out of the artist’s royalty?
  • Recoupment
  • Terms & Options
  • Controlled Composition Clause: what you need to know if your producer is also your co-writer!
  • What does the artist’s recording agreement say?? THIS affects the producer’s royalty, royalty accountings, mechanical royalties, CD reductions, “fake” free goods and much more!

And much more.

PROGRAM DATE: September 30, 2009
PROGRAM TIME: 2 hours, 40 minutes, 53 seconds (2:40:53)
QUESTIONS? Call 818-769-7007 or contact NARIP

Philip E. Daniels, Esq.

Originally from the UK, Phil Daniels is an attorney who specializes in all matters relating to the entertainment industry. Over the years, Phil has worked with some of the best-known talent in the music industry including Beyonce, Herbie Hancock, Gwen Stefani, Black Eyed Peas, Queen, Depeche Mode and Spice Girls to name a few. He has also represented some of the top named producers, composers and songwriters in the music industry negotiating and concluding a wide range of industry agreements. In addition to his music expertise, Phil also works with digital media clients, independent film producers and studios. Prior to moving to the US, Phil was a lawyer at BBC Worldwide where he looked after their internet, interactive and music matters. He currently resides in Los Angeles, and is the founder of his own entertainment law firm.

Gary Fine, Esq.

Gary Fine joined Kleinberg Lopez Lange Cuddy & Klein in February of 2002. His practice focuses on the analysis, drafting, and negotiation of music-industry agreements and on related issues involving emerging technologies and copyright. Mr. Fine has reviewed, negotiated, and drafted agreements on behalf of producers such as Babyface, Redone, Sean Garrett, 7, Humberto Gatica, and Scott Storch. Mr. Fine started his career with Samuel “Sandy” Fox, author of the music volumes for the Mathew Bender series “Entertainment Industry Contracts.” Currently, he is an adjunct professor of law at Southwestern Law School where he teaches a course entitled “Music Industry Contracts.” Prior to going to law school, Mr. Fine was a professional musician for 10 years.

Program music courtesy of The G-Man (Golosio Music Publishing, BMI)

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