Album Cover/Concept Design/Artwork Creator/Photo - Royalties

[Nineteen5]

We're finishing up an album and our original drummers girlfriend (soon to be wife) came up with the concept for the cover. With a little change another person put it in art (our bassist btw). How do/should we copyright this? Ideally the band would like to have album cover and panels done 'work for hire'. This may not applicable. If we go with the current design-which includes a photo of the singer-what are the fee's/royalties (% net or gross?) due to the concept designer vs. the artwork creator?

PS. How would this be mention in the album credits?

Thanks in advance,
N5
[/url]http://www.nineteen5.com

[art chantry]

uhhhhhhh...

anybody out there have the nerve to comment on this guy?

[art chantry]

oh, come on! this guy is asking for tips on how properly to exploit his friends and rip them off without legal ramifications. surely someone out there among you has had some experience being shorn of your rights and totally reamed out by a music industry promoter? all he is asking is that you share what the techniques were. no harm intended by him, right?

[rick]

uuhh, I'm still staring at his topic-tittle....

[HYNES]

Concept is king, a layout guy is pretty much a monkey at a computer and the worst ones are the guys that "fix" the artwork after they get their grubby mits on it, usually they do layout because they cant conceptualise, but cant accept that fact. A couple of little changes does not make that artwork yours or your bands, the layout guy gets paid accordingly - a technicians fee. if anyone deserves a royalty its the original creator.
Trying to steal or lessen the involvement of artwork creation from someone thats going to marry a guy in the band also sounds like a huge problem in the making.
All that aside, it sounds like you are jumping the gun - how many copies do you actually think you are going to sell? it sounds like you are trying to set up major label procedure for an unknown band, Royalties??? if you sell 5000 copies you still wont have any money to give anyone. And if you do I recommend you give it all to the singer, after all he IS on the cover.

[art chantry]

it reads to me that this guy is trying to protect the idea for HIMSELF, not for the friend.

frankly, if he wants to rip them off, there is nothing standing in his way, but he's asking how to do it LEGALLY. 'work for hire"? he wants to take away the authorship.

so, quit giving him tips. i was joking in earlier comments. sarcasm.

as for royalties... did you know that technically they should pay royalties? did you realize that (outside of the music industry) whenever an image get used for anything beyond the initial 'first use', they should pay additionally? did you realise that includes re-pressings of the covers?

i've NEVER heard of a record company ever paying a single dime in royalties to an artist of a cover. it's not fair, but it's industry standard (but nowhere else but the music industry). sad, but true.

[HYNES]

Ive never been paid a royalty on any further pressing of a record cover I did. Sure it might be right legally & I would love it was a standard practice, but I mean i don't really see it as a factor if a record sales doesnt even approach 10,000 copies - theres no money to give anyone, and i dont think this band is going to rocket to stardom too quickly either.
Also My "tips" were sarcastic too, see my comment re: the singer.

[Nineteen5]

I was asking out of ignorance not mal-intent.

Obviously many in the arts get screwed-even bands. I am put in a position to possibly defend the concept creator (my good friends fiancee'- btw) and the bassist- it sure helps when you have some understanding of what the industry does. The concept description was a verbal one. This could be a political mess and we want to be fair.

Work for hire must scare some? I am familiar with corporate IP and know that a lot of creative people in the arts and sciences create great things and don't even get a mention because of the fine print in their employee agreement...

If someone can respond with a fair and moral perspective without prejudice and it would be appreciated.