My Working Contract

The first Q is often: We don’t need no steenkin’ contracts. Contraks are fer nazties… Ok, so you feel that. Fine. This is not for you. It is not for me to change your mind on that. This is my livelihood, and I assume you are working towards it being yours, too. That being the case, we all need to be protected and clear about the details and how to proceed.

The second Q is: Whether this contract is based on words as technicalities or the spirit of the project? Always the latter is the case. Now and in the future: Spirit & Intent is the word.

Contract

1. Contract Between Benedict Roff-Marsh and XXXXX (Name or Act Name)
2. This contract is for: XXXXXXXXXX
   • Revisions: XXXXX (for mixes, etc)
3. Work Style is: XXXXXXX
4. Fees are: $XXXX
   • Payment Terms: XX% to start the job, XX% on completion
   • (if speculative) Speculative work is both of us gambling on the success of the project. I will have put in a lot of time and expertise, and expect the same effort in return, not only in the music but in the promotions after the record is made and released. The client will actively promote and support this work, including being sure that I am clearly named and credited, including links.

Contract Terms

Credit & Privacy

• Unless specifically noted and approved, no work done here is considered “work for hire” as commonly understood. Creative work always retains the rights of the creator. This has no impact on the use of the outcomes of the work, as publishing is the intent. For example, you may use my mixes but not remove my credits either publicly (like cover artwork) or in setting up publishing or distribution (which defines royalties).
• Any part added or changed attracts a credit based on what was done. These are industry standards. For example, if during the work I change music, words, or arrangements, I reserve the right to add my name to appropriate credits. These changes define the value of the final product; therefore, credit must be honored.
• When publishing, distributing, or promoting this work, all credits must be shown in the usual manner. For example, if I have accrued a songwriting credit, you must add my name in publishing etc, for royalties to flow appropriately. Credits must also be shown when self-publishing on places like YouTube or Bandcamp. It is good manners to link back to me at www.benedictroffmarsh.com. Removing credit is stealing – not only of direct royalties but of reputation. If credits are removed from self-published work, it is assumed that you are claiming credit for my work, which diminishes my reputation and chance of further work/income.
• I reserve the right to publish & promote any work I have done for clients as Portfolio. If publishing contracts are filled out properly, any royalties will flow correctly.
• Unless I have specifically agreed otherwise at the start, I do not work under any kind of non-disclosure clauses (NDA). I generally carry myself with a ‘what happens in the studio, stays in the studio‘ mindset, but make no promises and accept no demands to be made invisible, as that is contrary to the way the industry works.
• A client’s work and credits always remain their own. I do not take, keep, or otherwise rework anything that is not mine by moral right. I also do not keep client work on my drive when no longer needed. This means that I tend to dump songs you sent me pretty fast (often on the day). Projects are deleted a month or so after completion & delivery. If you want to archive the project, you are most welcome. I will often suggest this at the end; it is up to you if you do this or not.

Types of Work

There are several different types of work I can or may perform, either as the totality of the Project or for parts of it, to help make sure that things turn out well. The form of the work does not change anything but how you might pay me in the short term.

• Paid Work: is where a fee is agreed at the start, and we work to those terms. Generally, paid work will require an up-front payment of some or all of the fee before I start work. While it would be nice to do payment after the work is done, sadly, some (people & labels) will find ways to avoid paying. That outcome my family cannot live with.
• Speculative Work: is where I agree to take on some or all of a project without a specific fee attached. Credits will accrue as normal. These credits are how I (we) hope to profit from this work. Even though there is no initial fee, the work will be done by me at the same level. This means that you, as the client, must honor all commitments as if they were paid work. Not doing so will cause me to abandon the project. (see Sudries below)
• Free Work: is something I never accept as it benefits no one. Occasionally, I may do something, like show an if I did this in a Forum conversation. This is not meant to be used as a release. If that work is used, this contract is deemed to be in full force, even if you did not know it existed. Sounds harsh, but so is taking something and profiting from it without crediting the value given.
• Mixing and/or Mastering Services: are where I take material as sent (Stems or MultiTracks) and mix them for a final outcome, generally as a stereo master for a digital release on Bandcamp, YouTube, etc. Generally, a Mixing or Mastering contract will accept a couple of revisions, but no more (see below).
• Record Producer: is a much broader role where I can and will dip – insert myself into – any and all aspects of the project, from writing, performance, styling, to publishing matters. As the Record Producer, the buck stops with me. You may be my client, but I am beholden to the Songs, and that is more important than the smaller wants of any of us. The Songs and what I feel are what I will be led by, and I expect that you, the client, will be prepared to put aside short-term ego issues for a big-picture win. If unsure, I can give you great examples of this from the real world, where bands had to overcome fear to deliver amazing things that changed their path. This is powerful stuff and therefore less easy to define up-front. It does mean that I will be a bit more flexible on tasks and scope creep (see below), but I will still reserve the right to draw the line. When Producing, I will expect to do Mixes & Mastering. If you expect otherwise, tell me at the start.
• Album Cover Art or Videos: It is not uncommon for me to end up making cover art and/or videos for the act. I make no claims to being [insert famous name], but I can get it done if you cannot. This may attract a fee. It is always far, far better to have the act on the cover and in the video, but any outcome is better than none (with the exception of AI slop).
• Work vs Rework and Project Brief & Scope: I sign on for a pretty specific set of tasks and outcomes. It is not appropriate for a client to assume that they can then add (by assumption or otherwise) other tasks or outcomes without changing the payment terms. For example, if a client pays for one Mix but then demands so many changes that it is in fact a rework – effectively a new mix – that is not in the initial Brief & Scope agreed and paid. The extra work can be considered, but not without corresponding fees. Talking first tends to avoid this.
• What I Do Not Do: I do not take on Editing or other forms of “Gridding” like electronic tuning & timing (Melodyne, AutoTune etc). Unless I specifically agree otherwise, be sure that you handle all such tasks before the work is sent to me. I am not a fan of MeloTune, AI slop, and the like, so best you talk to me and show me before we get started. If I don’t feel it is a good fit for my skills and style, I will let you know, which saves us all grief. The best performances are always the ones with feeling. Those I can make shine far better than any hacked-about lazy mess.

Expectations & Broken Contracts

• ALL Discussions will be held on my Messenger. This is because a) it is where I hold client work, and b) because everything is archived. While sometimes a verbal conversation really helps, the written word is much easier to go back to check. If there are several band members, all feedback needs to be collated before it comes to me, lest every band member demand their instrument be louder than everyone else!
• Creatives, by nature, tend to want to be in-control of everything. This includes me as a Record Producer & Mix Engineer. This can lead to tensions. While that can be productive, often it is not. When not managed well, conflict will lead to negative outcomes. I will do what I can to avoid this, but at the same time, I will not tolerate what I know will not work out well.
• We all have expectations. I have learned to be open and express myself. I do need clients to pay attention to that, as when I say something or send an example – either my past work or a link – I need that to be taken into the conversation. The best way to do that is to acknowledge what I said and how you react within the context of the conversation. A client saying “I don’t like Queen” when I sent a Queen song as an example of something done well is not helpful.
• This means that it helps immeasurably when a client talks with me about their project early and often. I get that talking (typing) seems hard and even unfashionable, but not sharing the useful things leads to disconnects. Talk early – talk often. If you are telling me too much, I will let you know. One thing I don’t really care about as much as people think is gear. I only care if I need to know for some specific reason – I will ask then. There are many more important things to talk about than gear lists, so focus on that.
• As noted above, the buck stops with me. I am a specialist, so when I say something: This is The Way. It will be that way unless a genuinely better method or outcome is presented. I am focused & stubborn, an asset in what I do. I will, however, always listen to a well-presented counter-argument. “Because” is not a counterargument, nor is being petty. Ultimately, I will do what I feel is right for the Scene & Story of the Song to present it for an intended audience. I will have talked about this.
• I get that musicians want to do what is easy, what they are used to. But if we want this to shine better than average (read ‘totally forgettable’), we need to step past average. It is harder in the mind than it is in the actual doing. Turn off the mind and simply do. Happy to provide examples and advice.
• Social Media is pervasive and a double-edged sword, so use it carefully. Generally, it is best when working with an expert (me) NOT to crowd-source opinions on the work. Coming to me with tales of how Ghuhsklfg69 on MyFace thinks… is not going to end well. If you have a feeling, discuss it with me instead of some random on the interwebz.
• What I will not tolerate is being used like a marionette. If you know how to do it all, then you don’t need me. I come as an Artist; that means that I will work as one or not at all. Don’t tell me how to do my job, especially if you are less experienced than me. Discuss, but do not demand. Again, things go much better if you have a) researched me and my style first and b) have had the right conversations till we are in agreement, before expecting things that may not be deliverable.
• If I feel the contract or project is becoming broken, I will talk with you. If I do not feel that there is a workable solution forthcoming, I will end the contract. This is never my first choice, but I have learned not to flog a dead horse. Once a contract is broken, I will cease work, and anything not already delivered will be dumped. I may even demand that the delivered work be unused or my name removed from public view. This must be honored – as must any credits for any work used for any purpose.

Fees & Payment

• Fees will be presented at the top of the contract along with payment terms. These will commonly be a significant portion up-front, with the remainder (if any) at final delivery. These terms can be discussed, and I will consider your situation, but they are otherwise not negotiable. I need to support my family.
• If a contract is broken or otherwise abandoned, I will decide at my discretion, based upon time, materials, and expertise expended, what, if any, monies are returned. I will endeavour to be fair, but understand that your idea of fair at this point probably does not align with mine, as we have come to blows. Bottom line: If I have spent a lot of time setting things up for you, talking, listening etc, I deserve to be paid the same as if I were working any job.

Sundries

• People buy People. This means that hiding your face, name, feet, beergut… are rookie errors. Unless you are already famous, hiding behind a logo or avatar is the perfect way to fail. Artist development is #1 in my 4-Pillars of Success for a very good reason.
• While increasingly difficult these days, you need to get your Act in the public eye, and the media are a powerful factor in this. It is a PITA, but do it or expect to be invisible. Dumping music on Spotifry (sic) is not enough (or even wise).
• I will assist where I can with advice and even with doing interviews if they will help the project (and therefore us).
• Running YooBoob advertz and the like is not going to achieve anything but useless numbers. Numbers that backfire when people quickly realize they are fake playz and avoid you for being a scammer. It is better to have one engaged fan than 1,000 who don’t exist. That one real fan can become two! Those fake thousands will lose you potential fans really fast. Don’t do it.
• If I have engaged with you as Speculative Work (above), not doing this promotional work (above) actively is a breach. Speculative Work is a gamble based on the assumption that you are building a career. If I put in the work and you put in nothing, you have stolen and cannot expect me to be favorable to or about you. Tell me if this is Vanity work, ie, that you won’t do anything but put on your socials once, then abandon it in your sock drawer, and I will change our contract accordingly.
• If you are Local to me, you are welcome to sit in on some or all sessions. Let me know, as it can change pricing and payment. Generally, online sit-ins (Zoom etc) are damaging as the tech issues get in the way of creativity. If you are trying to hire me as a Mix Engineer to learn in the process on-the-side, there are better ways.