I have a new title (book app) that I’m working on and I approached a musician to see if he would be interested in letting me use his music. He may offer his music free or for a minimal cost in exchange for links to his site.
But is he also entitled to royalties based on every time the app is played? Or is it by download?
Nick
My suggestion would be to have a lawyer write a contract between you and the musician so that the intellectual property usage and the royalties are clearly defined. That way, you can make the royalties whatever you two agree they should be.
Nick @nicknebelsky, as Andrew suggests, it is really up to what you and the musician agree too. You definitely do not want to distribute your app with his music without written understanding between you. Unless I expect great many downloads (and great big revenue), I wouldn’t include anyone’s music without a royalty free license to use and distribute. If he is okay with a credit screen, naming him as the creator of the music with a link to his site, and nothing more, I believe there’s no law or rules that require you to pay him royalties. You just need it in writing and make sure you have it signed by you both.
Naomi
Engage the musician in a work-for-hire contract, regardless of the actual monetary exchange up front.
My suggestion would be to have a lawyer write a contract between you and the musician so that the intellectual property usage and the royalties are clearly defined. That way, you can make the royalties whatever you two agree they should be.
Nick @nicknebelsky, as Andrew suggests, it is really up to what you and the musician agree too. You definitely do not want to distribute your app with his music without written understanding between you. Unless I expect great many downloads (and great big revenue), I wouldn’t include anyone’s music without a royalty free license to use and distribute. If he is okay with a credit screen, naming him as the creator of the music with a link to his site, and nothing more, I believe there’s no law or rules that require you to pay him royalties. You just need it in writing and make sure you have it signed by you both.
Naomi
Engage the musician in a work-for-hire contract, regardless of the actual monetary exchange up front.