Mark H. Maxwell , Esq.
In this case, the employer (artist or producer) is hiringthe other party to contribute to a sound recording whereby the employer willsolely own the rights in the recording and as such will be recognized undercopy right law as the "author" of the sound recording. (For clarification, there is a separate, distinguishable copyright in each song composition embodied in a sound recording.
The song composition rights should not be included in the work-for-hire language concerning sound recordings or masters in a production services agreement).
A producer who is financing all of the costs of the recordings will want to maintain ownership rights in the recordings until he
is reimbursed for the irreasonable costs and/or receives additional financial consideration in the form of future recording services for the artist (See the Producer-Financed
Variation sin section 3 above).
On the other hand, an artist who finances the recordings will want to make certain he will be the sole owner of the recordings and that the producer will have no future ownership claims to the producer's personal creative contribution in and to the recordings.