Help: What is fair ?

Subject: What is fair ?
From: phil jl
Date: 13 Feb 00 - 09:50 PM

I have the idea that I would like to publish a book of songs, tunes and poems written by people living in my neighborhood – Melbourne, Australia. Originally I was looking for some new material when it occurred to me that many musicians produce recordings of their work but few produce anything in written form.

I was very pleased when all the musicians I asked to contribute readily agreed and I think I have some very good material to work with – including songs and tunes some singer/songwriters who are well known on the Australian acoustic music scene.

My objective is not commercial gain – that would be nice but it is highly unlikely that a publication of this nature would sell in large numbers. Instead I see my project as being interesting and fun. Should it be financially successful I would like to share the profits with the contributors.

Before I proceed too far there are a number of matters I am trying to resolve on which I thought some Mudcatters may be able to offer some advice. In each case I am trying to find a solution that will treat all contributors equally and fairly:

a) What rate of royalty ? Do I need exclusive publication rights, if so, for how long ? b) Do I need a formal agreement ? c) If the book is successful, how do I avoid the fighting that often arises in these situations ? c) Am I being naïve is thinking this can be done simply, equitably and fairly yet still remain fun ?

If anyone has an opinion on these (or other mnatters I have overlooked) I will be glad hear them.

Phil

Subject: RE: Help: What is fair ?
From: Callie
Date: 14 Feb 00 - 12:59 AM

Phil:

The only sort of advice I would ever accept on such matters is legal/professional advice. Can I suggest you try some or all of the following:

Australia Copyright Council (Redfern, Sydney) Australian Music Centre (The Rocks, Sydney) The Arts Law Centre of Australia (Woolloomoolloo, but they may have an office in Melbourne) Community Music Australia Your local musician's union.

Good luck!

Callie

Subject: RE: Help: What is fair ?
From: phil jl
Date: 14 Feb 00 - 01:52 AM

Caille

I may have to seek advice from those sources, and indeed, comply with their requirements. But what I'm after at the moment is some idea of what is the reasonable thing to do?

Mudcatters seem to have opinions on all sorts of issues and I thought they may wish to comment on the issues I raised.

Perhaps another way of asking these question would be along the lines of - what arrangement can I make so that if the book were successful, contributors would not feel like they had been screwed.

I'm probably being naive - but I would like to think I can find a way to do this so that all contributors win.

Phil

Subject: RE: Help: What is fair ?
From: Callie
Date: 14 Feb 00 - 02:04 AM

Hi Phil,

Sorry if my thread sounded stern. I've just seen too many projects that began with good will ending up murky and with bad feelings on both sides.

Even if I were entering into publishing with a bunch o'friends I'd still draw up a formal contract setting out royalties and copyright issues. these would need to be discussed WITH THE INDIVIDUALS.

Why not try this arrangement for starters:

You outlay the costs initially. When you have recouped your expenses through sales, split the profits 50% to you and 50% divided up amongst the contributors. OR, you could ask everyone to contribute $x towards printing and then make the profit sharing completely shared in equal parts. OR any of these combinations.

I have also heard of books created by every contributor bring along, say, 100 copies of their work in A4 format (any layout). You spend a day collating 100 books with everyone's pages, and then you either give them away or sell them for a small fee, and get together and have a singing session with the profits.

If it were my project, I'd assume that each author held copyright to their individual work, but that you and they shared the copyright 50-50 (as in per scenario one) on THIS publication. As you have put time and effort into compiling it, you should be acknowledged for this work!

Hope this throws up lots more questions, and maybe a few answers as well!

Callie

Subject: RE: Help: What is fair ?
From: MudGuard
Date: 14 Feb 00 - 03:39 AM

My opinion:
every song is worth one share,
and you take some shares for compiling.
Profits are then divided in equal parts (according to the number of shares), and everyone gets as many parts of the profit as she or he has shares on the work

I also recommend you get written statements from the contributors which say that you are allowed to do this. So nobody can complain later that you stole his work...

This is no legal advice in any way, just my opinion
MudGuard

Subject: RE: Help: What is fair ?
From: GeorgeH
Date: 14 Feb 00 - 02:23 PM

As an alternative suggestion . . find a worthwhile charity (preferably with local relevence) and decide to donate any proceeds to that. If you reckon the project is going to cost more than you can afford to donate then work out how much you are going to need to "claw back" from the income. Set your proposals out in a letter, and get all the authors to sign a copy, with a witness.

Same provisos as MudGuard here . .

G.