Sample devs: royalties for performers?

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This is a question posed to any developer who has hired some kind of session musician to record for their library - eg. a drummer for a drum library, guitarist for a guitar library, you get the idea. Assume this individual has no other part in the creation of the library outside of bringing their instrument and playing everything you tell them to - there is someone else who rents the studio, sets up the recording, edits the samples, makes the sampler patches, and markets the product.

Obviously, the individual would be compensated either a flat fee for the project or be paid an hourly rate. However, would they be offered royalties out of product sales as well? If so, how much? For the purposes of this hypothetical, assume the musician is the sole performer for the library (eg. you are releasing a guitar-only library, and all samples were played by this one person.)

Additionally, on a slightly related note, would you typically pay any royalties to an engineer at the studio you are recording the library? eg. They select and place the mics, correct any phase problems, manage the recording process, set up and take everything down, and so forth.

Thanks in advance!
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I think if you hire and pay someone to play/engineer for you, then you have the copyright (and the player her or his fee). Of course, the player/engineer could, before agreeing to play/engineer, negotiate for royalties, but I think if they did not do that, they would not normally get any royalties.

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it will depends on how you set up the case most of the time the player is paid just one time , but if you are short on money you can tell him you give him a small fixed amount and a % of the sales ..
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zircon wrote:This is a question posed to any developer who has hired some kind of session musician to record for their library - eg. a drummer for a drum library, guitarist for a guitar library, you get the idea. Assume this individual has no other part in the creation of the library outside of bringing their instrument and playing everything you tell them to - there is someone else who rents the studio, sets up the recording, edits the samples, makes the sampler patches, and markets the product.

Obviously, the individual would be compensated either a flat fee for the project or be paid an hourly rate. However, would they be offered royalties out of product sales as well? If so, how much? For the purposes of this hypothetical, assume the musician is the sole performer for the library (eg. you are releasing a guitar-only library, and all samples were played by this one person.)

Additionally, on a slightly related note, would you typically pay any royalties to an engineer at the studio you are recording the library? eg. They select and place the mics, correct any phase problems, manage the recording process, set up and take everything down, and so forth.

Thanks in advance!
depends on the agreement. I am open for royalties and/or flat payment when I sample a musician.
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Depends on what arrangement you come to but it will almost ALWAYS (if not always always!) be a flat fee for the session and that's that.

The word 'session' is important because it's no different to a recording session for a record destined for the hit parade. You hire a drummer and/or guitarist - or an entire orchestra - and tell them what to play. They do as instructed, leave and get paid for the session. If that record then becomes a global No#1 and a classic in the anals of pop music history (*), the hired musos don't get another penny... neither do the engineers at the studio you used or the owners of that studio.....

Unless YOU choose to offer that possibility to those involved for whatever reason. But normally, a flat fee is paid and in return, you 'own' the output of the session to exploit commercially (or otherwise) as you think fit.

(*) Herbie Flowers was paid just £25 for the bass line he played on Lou Reed's 'Walk on the wild side'. Likewise for Raf Ravenscroft's hook line contribution on sax on Gerry Rafferty's monster 'Baker Street'. Every time those records are sold or are played on the wireless, Lou and Gerry get a nice little royalty but Herbie and Raf don't see a cent.

Steve

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