I apologize if this ended up in the wrong forum, please move it if necessary

I am working on some personal game projects from time to time and I am doing all of the work myself (currently just programming and graphics) but I also plan to try to take on the rest of the process myself. However, when it comes to music I don't have the foggiest idea on how to create good music. Because of that I would obviously consider hiring in someone to do that job for me if the project reaches that stage.

I have some questions regarding this process:

1. Let's say the game is going to be sold. Would it be more appropriate to pay a hired musician a percentage of the sales or decide on a total payment amount for the job?
2. If paying the musician once, what would you consider a fair payment for a piece? Let's say background music at around 5 minutes length. $100? $500?
3. In these situations, is it normal for the developer (me, in this case) to get ownership of these musical piece(s) and be free to use them in future projects as well?
4. How long does a musician usually take to produce a song? Days? A week? Or maybe closer to a month?
5. How about buying the rights to use one of the musician's previously made songs? How would that work in a situation where the game is going to be sold?

That's all my questions for now. I understand that this might be hard to answer and that it will vary depending on the project and the musician, but I hope that someone are able to give me an idea of how this process works.

EDIT: I realised that there are obviously musicians on this forum as well so if any of you would like to answer my questions, that would be great.

Rod,
1. Pay a flat fee. Not a percentage.
2. I've usually paid on a per-minute basis. Negotiate with the musician. If you hire an inexperienced kid, offer him $50 a minute, see what he says. If you hire a pro, he'll want a lot more than $50.
3. You need this to be a work for hire, with him assigning you the rights to use the music in perpetuity. Get a lawyer to write the contract. See this forum's FAQs.
4. Ask him.
5. You can do that. Talk to the musician. Negotiate. Have lawyer write contract.

I'm going to move you to our Music & Sound forum for this one, as although this is a business question I feel you'll get better/more detailed responses to your questions from actual composers.

That said, I've worked with a number of composers and they generally followed pretty much the same methods, so I'll provide my own answers to your questions based on that experience:

1. Pay up-front or profit share/royalties?
Composers will almost universally prefer an up-front payment rather than a profit-share/royalty based agreement for the simple reason that they are then guaranteed to actually earn something for their work. Creating music requires potentially very expensive equipment and software and takes a lot of time and skill, so working for the chance of a percentage payment if the project is successful will rarely be appealing unless you're an experienced developer with an almost guaranteed chance of earnings -- even then an upfront payment supplemented by royalties would normally be preferred.

2. What's a fair amount for an up-front payment?
Most composers will charge you a fixed amount per minute of music, although in some cases they may be open to a fixed payment per-piece instead -- how much they will charge varies massively, anywhere from $20 or to hundreds of dollars per minute of music -- in general you really do get what you pay for, and the more skilled and experienced composers (who will likely also be using more expensive equipment, software and sample libraries) will normally produce much higher quality music for the extra money. Almost all composers are willing to negotiate on price.

3. Do you get to own the music/rights?
As Tom says, this is normally done as a work-for-hire, in which case you would indeed be transferred the rights to the piece; many musicians will want or appreciate permission to use the completed works in their portfolio/demo reel. You may in some cases be able to get a cheaper deal for non-exclusive rights to the work, but obviously that implies the work may be used again elsewhere without your input.

4. How long does it take to produce music?
This one is really impossible to give a general answer for, as it depends on a large number of factors including the composer in question, the length and complexity of the music, how many pieces you need, etc. If you have more time available and your project catches the interest of a composer you may be able to get a cheaper deal in exchange for your music being made in-spare time rather than as a priority. Conversely, you may be able to get your music produced faster (within certain limits of course) if you're willing to pay more money to have a composer give your project their full attention.

Most composers will be happy to give you an estimate of how long producing a particular piece would take (as well as how much it would cost) if you're able to give them a decent description of what you're after -- providing links to or recordings of legally available samples of similar styles of music can be a helpful way to communicate exactly what you want.

5. Can I buy a song that has already been written?
Yes, assuming of course the song isn't already under some sort of agreement preventing licencing it to you, and assuming a musician (or whoever currently owns the appropriate rights to the music) is willing to negotiate a suitable deal with you. In this case you would need to talk to the composer, musician or record label in question and would probably also need to seek legal advice.

It's worth mentioning that there are also services such as AudioJungle where you can browse and purchase from libraries of pre-written or stock music and sound effects. In most cases you would be getting non-exclusive rights to the music, meaning the same music could be used in any other product as well as your own. The advantage of course is that you would not have to wait for or negotiate with a composer -- you simply pay the stated up-front cost and can immediately use the music in any way that the licencing terms allow. The disadvantages are that you may not be able to find exactly what you're looking for, and that you will almost certainly not have exclusive rights to the pieces.


Hope that helps!

Hello,
I completely agree with everything that has been posted so far - but if you're working with a composer who lives outside the USA, you should be aware that work-for-hire is a regulation unique to US (and Irish) law.
Outside of the US (and Ireland), copyright isn't transferable - so a contract suggesting a copyright transfer would be void.

You can still negotiate exclusive usage rights to the songs, though - that type of contract is usually called "buyout".

Thank you very much for your answers, you mentioned a lot of things that I didn't think of.

I have been using the Envato Marketplace a few times before, but never for audio. Do you know which kind of licence there (if any) that would allow me to buy music and use it in a game that is going to be sold? I've been reading through the licence page but can't really wrap my head around the differences and the actual content of the licenses. English is not my first language and understanding text like this is a struggle.

I have been using the Envato Marketplace a few times before, but never for audio. Do you know which kind of licence there (if any) that would allow me to buy music and use it in a game that is going to be sold? I've been reading through the licence page but can't really wrap my head around the differences and the actual content of the licenses.

They also provide the guide to Which License Should You Buy which presents the licence options in slightly clearer terms -- essentially, you would want an "extended licence" if you were using music from AudioJungle in a game you're intending to sell, or a "regular licence" for a game that will be free-to-play.

[font=arial, verdana, tahoma, sans-serif][size=2]I see, thank you for the clarification[/font]

Let's say the game is going to be sold. Would it be more appropriate to pay a hired musician a percentage of the sales or decide on a total payment amount for the job?

As others have said - it varies greatly. One thing I do is consider the type of project when giving my rates, which is built on two tiers:

Upper tier: PS3/Xbox 360/[size=2]Major film/Marketing Spot/PC - more expensive.
Lower tier: Indie film/Facebook/iPhone/iPad/iPod/etc - much less expensive.

On top of this but tiers offer either exclusive or non-exclusive rights so in reality I give clients four rate options to fit into their project's audio budget.

If paying the musician once, what would you consider a fair payment for a piece? Let's say background music at around 5 minutes length. $100? $500?

It really depends on what type of game your making - what console(s) is it for, what kind of distribution will get it, does it use an established IP - and it depends on the musician's credentials and experience. If you're making another LEGO video game that will have world wide distribution and tons of resources supporting the game then you can assume composers will want to charge you more. If you're making a video game on your own IP and funding/publishing it completely on your own then most composers will charge you less. The more credits and years of experience a composer gets the more they'll charge.

In these situations, is it normal for the developer (me, in this case) to get ownership of these musical piece(s) and be free to use them in future projects as well?

You could get ownership of the piece if you purchase exclusive rights but be careful - some contracts stipulate that exclusive rights only pertains to game X so using them in other projects (especially unrelated to the current project could be troublesome). Also you should note that getting the rights to use the music in a video game and then using that same music in a "performance" venue can require different kinds of rights and paid royalties. Usage in commercials and online media outside of the game can also count as a "performance", if I remember correctly. Something to look into. Again, as others have already stated - talking with a lawyer first is your best bet.

How long does a musician usually take to produce a song? Days? A week? Or maybe closer to a month?

It varies composer to composer as well as the type of music requested. I can usually write a full piece in 1-3 days.

How about buying the rights to use one of the musician's previously made songs? How would that work in a situation where the game is going to be sold?

It's easy - many composers have a non-exclusive library of cues that they could license out to you for a flat fee. Usually this fee is MUCH cheaper than if you had that composer write a custom piece to you. The way I work it is if I do project X for non-exclusive rights then all of the music I create gets put into a licensable music folder. When I have a client ask for some music to license I browse that folder and pick out piece (already written and completely done) that might match that client's needs.

Following up on these Q&As...

What is the usual course of action when a musician has produced a piece of music for a client, and that client decides he or she doesn't like it? Is it typically "take it or leave it," and you'd have to pay for the musician's time if you wanted any changes to the music? Or is the deal not made (and the musician not paid) until the client is 100% happy with the results?

What is the usual course of action when a musician has produced a piece of music for a client, and that client decides he or she doesn't like it? Is it typically "take it or leave it," and you'd have to pay for the musician's time if you wanted any changes to the music? Or is the deal not made (and the musician not paid) until the client is 100% happy with the results?

Depends, but usually the composer will want to satisfy the client the best he can. Corrections are included until the client is happy in my case. If additional special requests come up, e.g. recording an exotic instrument, the fee may rise by the amount I need to hire additional musicians. But that's an exceptional case.