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[babby]

i am so overwhelmed .i have researched up the wazoo.
here is my situation:

i have different guys who write music for me
one who does whole compositions, including the lyrics
another who just contributes strings to whatever i send him
another who did one piano piece
another who has so far, written one piece

i was starting to do a work-for-hire contract with each one, very simple as i just want it to say that;

i pay them x fee
they give me piece
i own all rights
they have no rights
they get credit for whatever they contributed

everyone is happy with this
however, in my research, i read one thing that was a worry:

the work must come within one of the nine limited categories of works listed in the definition above, namely (1) a contribution to a collective work, (2) a part of a motion picture or other audiovisual work, (3) a translation, (4) a supplementary work, (5) a compilation, (6) an instructional text, (7) a test, ( answer material for a test, (9) an atlas;

SO MY QUESTION:

is a piece of music fall under one of these catagories, seeing as how it will techincially be part of an album..AND as seperate downloadable singles???


ALSO:

what about my string player?
how do i change his contract..seeing as how he is not doing one piece, but many..and is merely contributing???

i know i might have to cave and find an entertainment lawyer, but cna anyone shed light on any of this?? would be greatly appreciated!
thank you very much!!!

[Smokin]

http://www.artistshousemusic.org/videos/what+is+work+for+hire+and+how+does+it+affect+you+as+an+artist

http://www.music-law.com/workforhire.html

Other links

In a nutshell, unless you give them a steady paycheck and make them fill out a W2, nope, its not a work fer hire.

[artchain]

A sound recording is generally considered as a collective work, and can be covered under a work for hire contract:

http://www.riaa.org/newsitem.php?id=00EB75A2-8B0B-CDCD-175F-1213B5DFA681&searchterms=recording%20contract&terminclude=&termexact=

http://www.riaa.org/newsitem.php?id=7C417FAA-C99A-59B0-B69B-CCBE54A0485B&searchterms=recording%20contract&terminclude=&termexact=

But this is a contentious area, so you may want to take further steps to protect yourself.

The approach described by the attorney in smokin's first link is exactly what you want...  a contract that states the work is a "work for hire," but which goes on to say that the writer / performer will assign to you all rights that are NOT covered by work-for-hire...  so you are covered both ways.

You'll want an IP lawyer with experience in the entertainment business to draft this for you. 

(I may be wrong here, but I seem to recall a few years back that RIAA had some "model recording contracts" you could use.  It's probably worth contacting them to ask.)

[Smokin]

A sound recording is generally considered as a collective work, and can be covered under a work for hire contract:

Just because the RIAA says it is, does not make it so. Every big corporation wants to believe and promote the idea that they have more rights than they actually do like not honoring warentees for using another brand component, or pretending like fair use does not exist, or ignoring this idea that a work belongs in public domain.

Im skeptical that a sound recording is generally considered as a collective work by anyone court or court decision,  at least for the work for hire purposes.

[MYK]

In a nutshell, unless you give them a steady paycheck and make them fill out a W2, nope, its not a work fer hire.

Wrongamundo.  There is no prohibition against work-for-hire on a contract basis, not even on a fixed-price contract.  No W2 or "steady paycheck" involved.

If I'm wrong, Boeing, Microsoft, AT&T, United Airlines, and a few others owe me some big damn royalties.

[Smokin]

If your work does not fit the narrow criteria specified in the work for hire clause of the copyright act:

(1) a translation, (2) a contribution to a motion picture or other audiovisual work, (3) a contribution to a collective work (such as a magazine), (4) as an atlas, (5) as a compilation, (6) as an instructional text, (7) as a test, ( as answer material for a test, (9) or a supplementary work (i.e., "a secondary adjunct to a work by another author" such as a foreword, afterword, chart, illustration, editorial note, bibliography, appendix and index).

OR

You are considered an "employee" where the work falls within the scope of his or her employment is automatically considered a work for hire. (W2, 9-5, steady paychecks are the main traditional measure courts look at to determine employee VS independent contractor)

Then what you did for AT&T, United Airlines, and blah blah is NOT a work for hire regardless of what your contract says. The is an incentive for companies to call everything a "work for hire" because it makes them not only the copyright holders, but the creators of the content. But yelling out "dibs" on a contract does not mean a court of law will honor it, especially if it contradicts what the law has specified.

[Smokin]

Oh and btw babby, since it seems you are such a strong part of the creation process with your directions and requests, you could and should consider yourself at the very least a co-creator / shared copyright owner with all that content being produced.