legal stuff?

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psychwardmedia
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2011/12/04 01:39:26 (permalink)

legal stuff?

the best I could think of was to place this here. So I got a free recording contract printed up on rocket lawyer. We're new. We can't afford a lawyer. Our free trial ran out and i have a question...if it doesn't specify in the contract does a label get to stop paying royalties to an artist at the end of the contract and continue to sell the albums? I know that by saying something someone could put themselves in legal jeopardy probably so I hereby indemnify anyone from damages or legal action and legal mumbo jumbo for giving me advice. I could provide an example of the contract if anyone can help...
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    ChuckC
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    Re:legal stuff? 2011/12/04 02:29:59 (permalink)
    If, you are going to lock yourself into any binding legal agreement in this industry that lasts more than 5 literal minutes without getting an ENTERTAINMENT ATTORNEY on board you may as well take out a pen and jam it in your own eye socket right now.   Don't be an Azzhole, if it is worth it to the label to sign you, it is worth it to you to protect yourself.   Btw  I blew a shot I had when I was 18 at a deal with universal because I thought I didn't need an attorney.  I pissed the label off, game over.   Don't be a morron.

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    Danny Danzi
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    Re:legal stuff? 2011/12/04 05:13:47 (permalink)
    psychwardmedia


    the best I could think of was to place this here. So I got a free recording contract printed up on rocket lawyer. We're new. We can't afford a lawyer. Our free trial ran out and i have a question...if it doesn't specify in the contract does a label get to stop paying royalties to an artist at the end of the contract and continue to sell the albums? I know that by saying something someone could put themselves in legal jeopardy probably so I hereby indemnify anyone from damages or legal action and legal mumbo jumbo for giving me advice. I could provide an example of the contract if anyone can help...

    At the end of a contract, you usually get the rights to the album back. No, they must continue to pay you as long as it remains in print and they are footing the bill to have it reproduced. If you do not have that in your contract, you have to have it added...which is called "an ammendment". You should add as many of these as possible so the label meets YOUR terms. It's not just about them and what they offer...it's about you.
     
    What Chuck says to you in his firm way...is spot on. Don't even attempt to deal with a label on your own or sign anything. The price you pay an attorney is worth every penny if you love and believe in your songs. The choices you make today can affect your tomorrow greatly...trust me when I tell you.
     
    For example, I have a deal with Marquee Avalon in Japan. My deal with them runs forever as long as they continue to manufacture my CD's. I get royalty statements every 6 months and money is direct deposited from sales right into my bank account. This will go on forever until they decide to put me "out of print".
     
    I had a deal with a label in England. We parted on good terms. They gave me the rights to my CD back and cannot sell it without paying me. If they do, I can sue them. Now, there are a few copies floating around that are in stores as well as the label having about 20 left. They happened to appear out of nowhere and I declined to purchase them. By rights, I can make a stink if they sell them and don't pay me. I own the rights to the album and they are selling it without my consent. But I'm not going to say anything because I know it's not selling (it came out in 1999) and I am happy to be out of that situation. When I got the rights back to my first album, I bought all the remaining copies. Because the label is disconnected from me, any of those CD's still in stores that are sold....I will not make money on because I was paid for them already when they were purchased. The store paid the label for them...the label pays me...the store keeps the money plus mark-up.
     
    Rule of thumb...if you don't know about the inside of the music business, you don't sign a contract. Period. It's like...say a few guys have done a few home remodeling jobs on their own stuff. They aren't pro's...they messed around and did fair work. Just because they can do that, use a hammer, saw and a few tools doesn't mean they open up their own business the next day and start building houses. The same with music. Just because you can play, write, book gigs and schoomze bar owners and fans doesn't mean you are ready to be a rockstar. You need to really learn about this stuff. Learn about it to the point of knowing nearly as much as your attorney. Who's to say he's right? Just because he's an attorney doesn't mean anything. You need a credible attorney. Someone that IS someone...not Joe Blow down the street that has an attorney sign on his door or an award that looks credible. I read so much about this stuff and learned for many years...I've signed 3 deals on my own which have given me an awesome career. Even the one I got out of...before I signed the deal, I put things in that would protect me. And, before I signed, I went to an attorney to see if what I did was the right thing. All three times I was told "what did you need me for?" So that was good enough for me. Do your homework on this..and save the money for a good attorney or don't sign the deal.
     
    By the way, I sent you a private message about your recording lesson thing you were talking about in another thread. Not sure if you got it but I wanted to let you know I sent it. Best of luck.
     
    -Danny
    post edited by Danny Danzi - 2011/12/04 05:16:19

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    psychwardmedia
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    Re:legal stuff? 2011/12/05 01:06:44 (permalink)
    yeah I was more asking cause I wanted to SIGN somebody...I own a studio and we are going to play label out of necessity to a few people. I'm not trying to screw people out of their money, but I like to have stuff in writing...it keeps either side from forgetting what they decided on, and helps keep chaos from happening. TBH I've never signed anyone. How I'm working it with one guy is that we record him for free, expose him to 19,000 guaranteed people (I have a few contacts in advertising), and get him on itunes and what not...taking full rights to the master and owning it, but not copyright to the song. We record him for a while produce a few masters and take a percentage of his sales, he goes to a few big events with us or something and we are all happy. It's not traditional, but he gets paid for everything, we do our best...we don't have much money and all I can do is offer contacts, services, and exposure...thoughts? I'm an ****? I'm cool?
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    ChuckC
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    Re:legal stuff? 2011/12/05 02:02:35 (permalink)
    Yeah I guess I was a little tired and cranky there or something... boy I really came off like a freaking jerk huh?   My apologies.  That was not intended to be so abrasive.  Not sure what I was thinking...

    ADK Built DAW, W7, Sonar Platinum, Studio One Pro,Yamaha HS8's & HS8S  Presonus Studio/Live 24.4.2, A few decent mic pre's,  lots of mics, 57's,58 betas, Sm7b, LD Condensors, Small condensors, Senn 421's,  DI's,  Sans Amp, A few guitar amps etc. Guitars : Gib. LP, Epi. Lp, Dillion Tele, Ibanez beater, Ibanez Ergodyne 4 String bass, Mapex Mars series 6 pc. studio kit, cymbals and other sh*t.
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    Guitarhacker
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    Re:legal stuff? 2011/12/05 08:06:57 (permalink)
    If you are going to play the part of RECORD LABEL, I would suggest HIGHLY that YOU spend the money and time to go and set down with a music attorney and get the facts straight so that YOU understand the contract you are entering into and ALL the ramifications that come with that signature. 

    Free or not, a record contract is still a legally binding agreement so be sure you understand everything in it. 

    If you don't understand something in it, you could be sued for hundreds of thousands of dollars by the other party at some time in the future. Either for income they think you owe to them or from lost income because you screwed up something in the contract....

    Seriously...see a lawyer in the music biz, it can literally save your butt from losing lots of money to law suits down the road. Worth every penny, and no way would I operate a label without the advice of a lawyer on this issue. 



    EDIT TO ADD: If you're going to run a label, you might also want to look into opening a publishing arm to the business. If you also publish the songs (originals from the artists you sign) you can easily pick up an additional 50% of the royalty income. That doesn't end if the artist leaves the label like the mechanicals do.... a song signed to a publisher is generally a forever deal once it is commercially released. If the song is still generating airplay and income 20 years later, you still get the 50% split on it. Cool deal.... learn about that too.  If one of your artists happens to get a hit song in the charts, trust me when I say that you want a part of that publishing performance royalty action.

    A really good but boring book to read that explains all this in painful detail is called THIS BUSINESS OF MUSIC..... It may go by a different name now but it is really good with explaining the biz end of this biz. 
    post edited by Guitarhacker - 2011/12/05 08:17:46

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    #6
    psychwardmedia
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    Re:legal stuff? 2011/12/05 14:10:36 (permalink)
    thanks. I'll see what I can do. The problem right now for me is that I literally have no money to do this with. The contract I worked up is pretty simple but you're right, I do need someone to consult with. I may ask a friend if they could get one of their lawyer friends to help me out.
    #7
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