Advice on charging a band

[Ricardus]

OK, so here's the story. I did sound reinforcement for an old-fashioned big band. It's a fairly small room so the band didn't need any help, but I was where so the band leader could talk to the crowd, for the lead singer (they did 2 tunes with vox) and for one or two soloists who are older, and don't have the oomph they used to have, and can't blow quite as loud. So maybe 4 inputs.

Anyway, they played last year and they killed, and I was sorry I didn't bring some gear to record them, so this year I did.

I hung a stereo pair of my D87's about 10 ft up and 8 ft in front of the band, through my PMillet tube pre I just built, right into my DA3000. The raw tracks sounded killer.

I did some editing and mastering when I got home. I hit with a little vintage Fairchild 670 and pultec emulations to give it some more mojo, and I added a nice helping of vintage plate, and it sounds freakin killer.

Anyway, after the show some spouses of the band noticed I was recording and asked about how to get a copy. I told them I might part with it if some money changed hands... and they took my card and I figured I'd never hear from them.

Well yesterday someone in the band I don't know (there's like 13 of them, I only regularly interact with 4 or 5 of them) emailed and asked about getting a copy.

Well this thing sounds killer, and while I did it mostly for me and for fun to see how good I could get it, I am not willing to part with it without them paying something for my services. There was never an expectation I would share it at all, or for free, so I'm looking for the right way to work the email reply without sounding like a jerk. I'm even going to send them an MP3 of a song to show how good it is.

So what's the most diplomatic way of saying they can't have it without paying up? 

 

[living sounds]

I would ask them what they plan to do with it and then state it positively: You are happy to grant them a non-exclusive license to use your recording for [purposes / territory / duration] for a fee of [].

 

[Ricardus]

I would ask them what they plan to do with it and then state it positively: You are happy to grant them a non-exclusive license to use your recording for [purposes / territory / duration] for a fee of [].

I actually don't care what they do with it and long as I get paid for my time. Right?

 

[zamproject]

Hello

As you already told them they have to pay for the record, you can just remember this point to the unknown who contact you and give the price.
If they want to listen you can send part of a track, or even better, you send this in the first reply before they ask

Best
Zam

 

[PRR]

The conversation should be with the Band Leader.

Did you even have permission to record? (I have had two incidents where this became a Big Deal.)

Working with the Leader leads to implicit post-permission. (Or an order to burn it.)

The Leader can pool the band's money, or buy the recording to put on an LP (but mass production not included in the price for "a few copies for the band").

 

[living sounds]

I actually don't care what they do with it and long as I get paid for my time. Right?

Well, you can of course grant them a license to use the material in any way they like in the entire universe in perpetuity.

 

[Dreams]

I vote to just give it to them and tell em to credit you if they use it for anything beyond personal listening

 

[5v333]

The conversation should be with the Band Leader.

Did you even have permission to record? (I have had two incidents where this became a Big Deal.)

Working with the Leader leads to implicit post-permission. (Or an order to burn it.)

The Leader can pool the band's money, or buy the recording to put on an LP (but mass production not included in the price for "a few copies for the band").

This is prob the correct direction to go about.

I guess the band is entitled to the rights of any recordings.

If you make money on their music without their knowledge, it could backfire later on.

Communication is key.

 

[Ricardus]

This is prob the correct direction to go about.

I guess the band is entitled to the rights of any recordings.

If you make money on their music without their knowledge, it could backfire later on.

Communication is key.

They played 100% covers, and I had permission to record. I just want to be compensated for my engineering time. I'm not interested in making money off anyone's music.

What they do with the recording doesn't matter. Whether or not they had the rights to play the music and if they're paying royalties to the people who own the songs is beyond me.

We're off the track here. I'm just looking for a nice way to say "pay me" for my SERVICES. I'm looking for a few sentence suggestions.

 

[living sounds]

We're off the track here. I'm just looking for a nice way to say "pay me" for my SERVICES. I'm looking for a few sentence suggestions.

As written above, my advice would be to tell them, sure, you can give them an unlimited non-exclusive license to use the recordings in any media, sync it with video etc., for a one time fee of [] $$.

You own the rights to the recordings you made, so it is your prerogative to grant them a license to use said recordings. I would make clear that you do not have the rights to the music, the lyrics or the musicians performances, that these are not included in the license and that in case they need those they will have to aquire from the respective owners.

 

[Script]

It doesn't matter whether you had "permission" to record. Better go talk to the bandleader. And do the math.

 

[Ricardus]

It doesn't matter whether you had "permission" to record. Better go talk to the bandleader. And do the math.

Someone asked. And it actually does matter.

Other than that, you need to be more clear with your point here.

 

[john12ax7]

In the future this is better handled up front before the show.  Let the band know you offer a recording of the show for X dollars.

Now after the fact it's more awkward.  Best to not charge for the recording itself,  but rather for post processing.  Tell them the raw files will require editing and mixing which you will do for X dollars.

 

[Ricardus]

That's what I was thinking. And that is already done.

 

[Gold]

That's what I was thinking. And that is already done.

I like that. Offer them the raw files for free. Tell them how much it will be to process them and offer them a sample of the processed files. Let them decide.

 

[Ricardus]

I like that. Offer them the raw files for free. Tell them how much it will be to process them and offer them a sample of the processed files. Let them decide.

Raw files are not going to be an option since I already have time into this. Plus I don't want some fool with audacity to fuck shit up.

 

[Dreams]

I wouldn't walk into a supermarket and arrange the shelves and then ask to be paid for the work or tell the manager they couldn't arrange the shelves differently. No one asked you to put in the work up front. I don't think asking for money is the play here, and i know you're not trying to hear that answer, but if anyone pulled that with me it would leave a pretty bad taste in my mouth.

 

[Gold]

Raw files are not going to be an option since I already have time into this. Plus I don't want some fool with audacity to f**k sh*t up.

You screwed up. No one cares about your genius recording except you. They will not bow down to your genius when they hear it. After all you did it for free. How much could it be worth? You'll be lucky to extract any money out of this. Some fool can screw it up after you've been paid too.

 

[living sounds]

You screwed up. No one cares about your genius recording except you. They will not bow down to your genius when they hear it. After all you did it for free. How much could it be worth? You'll be lucky to extract any money out of this. Some fool can screw it up after you've been paid too.

He did the recording they now want. He is under no obligation to give it to them for free. So, it is completely at his discretion to sell them a license. Intentions don't matter, it is a question of supply and demand.

And he can absolutely decide how far the license will go. If he doesn't permit it, they are not allowed to edit and use the material (except for their own internal purposes, e.g. listen to it at home).

 

[Gold]

He did the recording they now want. He is under no obligation to give it to them for free. So, it is completely at his discretion to sell them a license. Intentions don't matter, it is a question of supply and demand.

Of course. If he thinks it’s a good idea to throw money at sorting out  a contract  and getting it drawn up he should go for it.  I’d guess it would go nowhere. These are old and deaf hobbyists.

And he can absolutely decide how far the license will go. If he doesn't permit it, they are not allowed to edit and use the material (except for their own internal purposes, e.g. listen to it at home).

Trying to enforce a contract can be big money too. I don’t see how it could be enforced. Both he and you are acting like anyone gives more than a casual sh*t about it. I’d bet they don’t. If they did the band leader would have been in contact already.