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How much points or royality is paid to a band that is playing on a song recording in a studio

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Attorney answers (3)

Reputation Level 20
Sounds like no one's consulted a music lawyer about any music business affairs. Do you mean as an artist's royalty? Who's going to pay this, is the band signed to a label? Is there a label to pay the songwriters mechanical royalties? Does the band have a band/partnership contract specifying how the artist's (and maybe songwriting) royalties will be split?

Have the songwriters copyrighted their songs?

Do the band's songwriters have co-publishgin agreements for each of their songs?

Are the band's songwriters and publishers registered with ASCAP or BMI for performance royalties?

Please see my music business Legal Guides linked below.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.

Reputation Level 14
There are many variables to that question, which has no "benchmark" answers that you can glean from a website forum. First and foremost, it could very well be that there is no royalty. Many band members who are hired for studio work on a freelance basis are strictly "work for hires" and are paid a lump sum without any claim to royalties. And the answers to these and other questions are dictated by the musicians' agreement. There are other issues that are often discussed in these agreements, such as the title to the copyright comprising the music, etc. In short, rather than asking what the "standard" royalty is you should retain an attorney to counsel you on these freelance gigs and perhaps setup an agreement that you can use across gigs.

I hope this helps.

Disclaimer: This answer is for informational purposes only and does not constitute general or specific legal advice, nor create an attorney client relationship.

Reputation Level 18
If you intend to make any money playing music then you need to learn how: http://bit.ly/8YjEOL

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