I am a fiddle player. I have a song I released with an artist and good friend that I believe I deserve royalties on.

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Customer: Hello, I am a fiddle player. I have a song I released with an artist and good friend that I believe I deserve royalties on. Roughly 1/3 of the song is uninterrupted original fiddle melody by me including the introductory hook. The artist has agreed multiple times to give me royalties but says his legal team and managers are fighting against it. I'm seeking help with how to present my claim to his team and knowing what I am entitled to. Thanks
JA: To start, can you confirm the state you're in? These matters can differ depending on location.
Customer: Texas
JA: Thanks for all these details. What steps have you taken so far?
Customer: The song was written and released about 2 years ago now and I have so far been trusting that the artist could get it figured out but havent taken any direct action myself
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: We have recently been asked to sign a contract for a new live album that is being released soon but the language of which seems to wave all rights to all past present and future work
Answered by Attorney Wendy in 4 mins 5 months ago
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Attorney Wendy
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Attorney Wendy
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Attorney Wendy
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Jessica

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Attorney Wendy, Expert

Hello. My name is***** know legal questions can be stressful and often complicated. As an attorney with 25 years of experience, it is important for me to understand the details of your situation so I can be sure to provide the best information I can for you. Once I provide a response, you are welcome to reply back with any further questions on this issue.

Do note that I am a licensed attorney, but may not be in your jurisdiction; so I can only provide general legal information for educational purposes. If you choose to take legal action, you should consult an attorney licensed to practice in your state.

I am reviewing your question now and I may have some follow-up questions for you. Once I get the information I need, it may take me a few minutes to prepare a thoughtful and complete response. I thank you in advance for your patience.

I do hope that you find the site helpful and I look forward to assisting you today.

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Attorney Wendy, Expert

I understand why you want to resolve this issue of royalties or other payment for the past work with the language in this new contract.  What was the agreement with this friend when you agreed to play fiddle on the song?

Customer
We originally recorded it as a youtube video when I was not a fulltime professional musician. the compensation for that was $400 and a plane ticket. When it blew up and he wanted to release to music platforms, he originally offered me 3% royalties then his managers told him "musicians don't get royalties" so he switched it to $1500. There was never a written agreement
Customer
Here is the full argument I was intending to make to his managers: Oklahoma city is 4:39 long and 1:31 (approximately ⅓) of the song is an uninterrupted, original melody written and performed by Lucas Ruge-Jones including the introductory hook and several lines iconic of the song.When the song was originally remastered for official release, Zach informed me that I was getting royalties before being persuaded by others to change the agreement.Seeing as songwriting royalties are credited to creators of the lyrics, melody, and chords, I would see as much as 1/9th (11 points) of songwriting royalties as reasonable ask on OKCZach and I have previously proposed to me and referenced a plan to give me 10 points, the same value given to Charles Wesley Godwin on Jamie for being a featured artist who contributed no melodies, chords, or lyrics to the song writing process.Oklahoma city is a unique circumstance among songs recorded by the two of us for both the extent and originality of the fiddle part and for the fact that I was not hired as an employee of zach but asked to join as a one time collaboration, thus contributing in a way I saw as more as more appropriate to a feature. Since entering full employment into Zach’s band, I have changed the way I add fiddle parts accordingly.
For Let you down I asked zach and the producer to provide me with a melody which I then embellished on
For many songs such as the solo section of Oklahoma smoke show, I based my melody off of the vocal melody already written by Zach
Occasionally, I do contribute to songs in a similar way to OKC, such as in the good I’ll do, but as I did at that point have more of an understanding with zach’s agreement and thus am willing to take that as work for hireAll I’m asking for is something to show partial ownership of original work I am proud of creating and believe I contributed notably to. With that honored, I am willing to sign the form officially saying I am not entitled to any other royalty compensation and move forward with the knowledge that I am work for hire on all other works.Additional point: Would you assume copyright infringment if another artist released a song with the exact same fiddle intro?
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Attorney Wendy, Expert

Was any mention of royalties made prior to your playing the fiddle for the recording?

Customer
No, as it was not assumed it would be released as more than a youtube video
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Attorney Wendy, Expert

Unfortunately, when you agreed to play on your friend's song, without a clear agreement that any original work you contributed would result in royalty payments, it would be viewed as a musician for hire situation where no copyright rights are created in the final song, meaning no royalties are legally due.  You are entitled to whatever one time payment you were offered when you agreed to play.  It is unfortunate that where the song would be released is not consistent with what you were told, but without a written agreement that set out those limits, it would are hard to pursue additional pay.

Copyright infringement to original music could be presumed if the fiddle intro is copied by another, but the owner of the copyright is likely the owner of the finished recorded song, which is likely your friend.

In the future, if you will not get co-authorship for original musical compositions, you would want more pay for the playing.

Thank you again for using JustAnswer. I hope this information helps. It has been my pleasure to assist you. Please let me know if there is any part of your question I failed to answer. If you need additional assistance with this issue, feel free to reply to this message. I am always happy to answer any follow-up questions you have to ensure that you are fully satisfied.

Do note that I am away from my computer from time to time. So, don’t be concerned if I do not respond right away to a follow-up question; I will most certainly respond as soon as those questions come to my attention. And, you can always specifically request my assistance, “Attorney Wendy,” with any future legal questions.

JustAnswer also provides experts in other areas, including medical, veterinary, mechanical, and more should you ever have questions on those topics. Thank you for trusting me to answer your question and for using the JustAnswer site.

Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

Customer
Thank you for your time
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Attorney Wendy, Expert

I do wish I had better news for you, but I am glad I could help in some way.

Customer
Is there a way to ask for a change to the contract to limit it to the live album recording and not extend it to all other instances for the future?
Customer
Here is the new contract
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Attorney Wendy, Expert

You can absolutely ask for changes to the contract with language that limits it only to that album.  Is this contract for a live performance that already occurred - it says it is on Nov. 3 of this year.

Customer
Hi
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Attorney Wendy, Expert

And, you want what was already recorded only to be used on the live album but for no other purposes?

Customer
I find it hard to believe they would agree to that. It's more of the use of past and future recordings that do not pertain to the live album. I'm fine with the live album recordings being used however the artist wishes
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Attorney Wendy, Expert

I don't see a reference to future recordings in this contract?

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Attorney Wendy, Expert

I think what you may want to ask for is an addition to section 2 that states what is not included, particularly any future live or recorded performances in which you participate unless a separate agreement is entered into between you two for such rights.

It may be hard to address past recordings.

Customer
Ok, I wasn't sure with the use of "services" in the broader term beyond "Your red rocks services" included other works
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Attorney Wendy, Expert

It could be read to include past and future work, though I think it would be a stretch to apply it to a completely new project, but adding a sentence like I summarized would make it clear.

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Attorney Wendy, Expert

And, I would certainly make sure you are paid proper value for future work; so excluding future projects and shows is something to get included in the contract.

Customer
Let me make sure I am getting the language right: I am fine with the contract with an additional clarification in section 2 that specifies that the "services" only include those which directly apply to this recording and exclude other, non-related performances or recordings.
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Attorney Wendy, Expert

Yes, you can start with that and if they refuse that change consider excluding only future performances and recordings.

Customer
great. thank you for the advice
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Attorney Wendy, Expert

I am glad I could help and best of luck!

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