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Alex Reese
Alex Reese, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 3075
Experience:  Experienced in intellectual property law
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Just released a cd and used a big-band orchestra. The bandleader "donated" arran

Customer Question

Just released a cd and used a big-band orchestra. The bandleader "donated" arrangements for the cd as he wanted to keep the band focused and working on something. But now that the cd is finished and getting noticed, he's feeling vulnerable and probably regretting not asking for payment. I want to protect my interests but also want to preserve the relationship. I want to present an agreement with him and pay him a mutually agreeable fee but also want some limited exclusivity as to the use of the arrangements for a period of time. Maybe 2-3 years with the exception of the bandleader singing them with his orchestra. I'd agree to allowing arranger points if the cd were picked up by a bigger company. That seems fair minded. I could use some guidance on how to proceed as well as crafting an agreement.
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  Alex Reese replied 1 year ago.
hello. well as the copyright holder etc. you can arrange the deal and terms as you like, and subject to negotiation. What you propose sounds fine. however, to craft an agreement you really need to hire an attorney to prepare/finalize it. You can write up a set of terms for inclusion in the agreement, but there are many details (some generic and some specific) that will need to be discussed and written into the agreement, it will require you to sit down with an attorney, who can also advise on revisions during negotiations. Unfortunately, there is not much "advise" to be given here, you need to actually start the work. I suggest you first negotiate some terms that you both agree on (keep a list of the terms that are important to you), and then approach an attorney (one with a copyright/entertainment/music focus) to draft the agreement, that way you don't waste time with the attorney before there is even any agreement likely.

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