2.0 The Role of the Producer

2.1 The Scapegoat

The producer is the “translator” of the artist’s ideas. The artist may think that he is the best person to decide how to approach a particular recording but in many ways an artist may be too close to his “art” to do this. There is invariably great antipathy on the part of A&R departments towards the idea of artists producing themselves because this too often leads to over indulgence. In one sense, therefore, the producer’s role is to deal with any conflict of interest between the record company’s commercial motives and the artist’s creativity. This will often mean that the producer is on a hiding to nothing. He cannot please both the artist and the record company and whatever goes wrong he will always be the most convenient scapegoat.

2.2 PreProduction

Producers vary considerably in how they interpret their role and in what they actually do. Some producers may not wish to spend all day and night in the studio and may prefer to delegate some of the technical aspects of production to the technicians and engineers. This type of producer may be more interested in the process of the selection and rejection of songs and in how those songs should be arranged. He will be involved in rehearsal sessions and in the selection of the various backing musicians etc. Some producers view this whole preproduction phase as the most crucial part of their responsibilities. However, most producers will accept that they should be in charge of the whole process in a “hands on” sense and will wish to be in the studio at all times.

2.3 Budgetary Control

The record company will invariably impose upon the producer responsibility for budgetary control. More mundanely, the producer will usually be responsible for booking the studio and for all of the form filling (including the MU session forms and notifying the record company of the use of any samples).

2.4 Samples

The record companies ensure that their position in relation to the use of samples is protected as fully as possible. The artist will be required in the recording contract to give certain warranties in relation to the use of samples. Separately, the record company will require additional protection in its contract with the producer. It will generally be the producer’s responsibility to notify the record company immediately in the event of the use of any samples. Sometimes, it will be the producer’s responsibility to obtain clearance for the sample in question. Usually, the record company will accept responsibility for obtaining clearances. Nevertheless, the record company will invariably insist that for contractual purposes a particular master will not be deemed delivered until all necessary clearances are in place. This will often mean that the producer is in the hands of the record company in terms of when delivery is finally to be effected (if at all) so that any further advance due upon delivery may be paid. In order to overcome this difficulty producers will sometimes prepare different versions of a track i.e. one with the sample and one without

2.5 Songwriting

If the producer is crucially involved in the arrangements for a particular song so that the recorded version of that song is substantially different from the original demo prepared by the songwriter then, arguably, the final version will represent a new arrangement and the producer (as the arranger) will have an interest in the copyright. For this reason, some producers insist upon being credited as a cowriter of the musical material. Generally, this practice is frowned upon. The producer’s advance and his royalty entitlement compensate the producer for all of his work and whilst, arguably, that work may stray into the area of musical composition nevertheless it is rarely accepted that the producer’s involvement is such that he should be treated not only as the record producer but also as a cowriter/composer.

Sometimes, of course, the producer may have a genuine involvement in the songwriting. Either his songs will be recorded or perhaps he will cowrite the material with the artist. In those circumstances, the producer will earn separately from the exploitation of the publishing rights in his contribution to the musical material. In this event, there is one common pitfall which the producer should try to avoid. Most producer agreements contain controlled compositions clauses (see Chapter II Part II paragraph 8.0). As we have seen, the effect of controlled compositions provisions is generally to reduce a writer’s income from mechanical royalties in respect of record sales in the USA and Canada. On occasions, the producer may succeed in deleting provisions of this kind but this may simply have the effect of transferring the problem to the artist in that if in the recording contract the controlled compositions provisions extend to any material written not only by the artist but also any producer then if the producer succeeds in securing full mechanical royalties for himself then the reduction will instead be applied against the artist’s share of the mechanical royalties.

2.6 Mixers

Some producers are not really producers at all; instead they belong to that special breed known as “mixers”. These people have little or no involvement with the artists but they are technical wizards. They take the multitracks and remix them by whatever means to create a better or at least a different sound. All material needs to be “mixed” so that the “mixing” is simply one of many functions generally carried out by the producer. Some producers prefer to use a specialist mixer to carry out the mixing function although usually the producer would wish to supervise this. Sometimes the record company will be unhappy with the work undertaken by the producer (and may therefore refuse to pay the advance due on delivery). Rather than start again the record company may decide to use the existing material but arrange for another producer or a specialist remixer to rework the existing material. On other occasions there may be no criticism of the original producer but the record company may decide that for marketing reasons it requires a specialist remix of a particular track. In the case of dance music, in particular, several different remixes of the same basic track may be released.

2.7 Delivery Standard

Ultimately, the producer’s responsibility will be to deliver finished recordings to the record company of a technically acceptable standard and, often, to a standard which is commercially acceptable to the record company. In fact, this is often the first area of controversy. Usually, all or part of the producer’s advance will be deferred pending delivery of the masters. If the record company insists upon “commercially” acceptable masters then the producer will be nervous that at the end of the day the record company will decide that it does not like what it has been given and may, therefore, refuse to make payment. Many producers are not prepared to accept this but, equally, some record companies adamantly refuse to give up this protection. Some companies have a reputation for being difficult over the final payment and will refuse to make this unless and until the A&R department is completely satisfied with the work. Accordingly, the argument over this issue may continue until the work has been completed. At that point, with luck, the record company will decide that it is happy with what has been done. An acknowledgement to this effect is then inserted in the contract which is then signed and the advance paid.