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Originally Posted by johnS
Interesting case. It seems like a matter of contract. If the Ghetto Recorders guy signed a contract stating he gets points, then the Stripes would have to honor that agreement.
But if the question is, should a producer or engineer get royalties as a matter of intellectual property, I would think not. There is probably some legal threshold beyond which you materially contribute to the writing of the song, in which case some claim could be made to owning part of the copyright. Probably if you suggested a bunch of changes to the lyrics or a different bridge or a different chorus--and the artist accepted those changes.
But I doubt just placing the mics in the right position or getting a good level on the vocals or suggesting a different amp would give anyone a claim to own part of the song. I'm not a copyright lawyer and this is just my opinion, of course.
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i agree. it's a legal issue. if the producer didnt get the points in writing with an attorney and a contract, i think its SOL for the producer. It's like, a gamble; points vs straight pay. and the gamble is to make the decision before knowing the outcome of the success or failure of the finished product. its like hindsight, its 20/20 perfect, but zippo cash
but also, if the producer did contribute significantly to the actual construction/ design/conception of the song (not remixing, changing or improving, but actual creation of the song), he could possibly sue and claim he should be a cowriter for the copyright material in question (any proof of contributions, like video of them creating, audio of them creating together, studio notes, studio journals, track notes, original lyric sheets, staff notations etc etc etc would be helpful...). he would be better off working out a co-songwriting/publishing deal with the artist in advance though. (good luck on that!) and he may not get co writer royalties, BUT he would enhance his reputation as a great studio producer, which would generate more business for him too.
ps can ya tell i always wanted to be a lawyer??? hehe