Posted on 01/03/2021 11:36:42 AM PST by SamAdams76
You've finally made it. A record label recognized your exceptional talent and offered you what seems like the deal of a lifetime. But before you sign on the dotted line, make sure you actually understand what you're signing so your dreams of fame and fortune don't turn into a nightmare like it did for Robert Henderson (you never heard of him and there's a reason for that, as he could have been bigger than John Cougar). Here are five tips every artist should consider before signing their first recording contract.
Typically, the initial length of a recording contract is one year. This one year term is generally followed by several option periods, where the record label is free to renew your contract for additional time periods if they like the work you're producing. By limiting the length of your contract to one year, not including option periods, you prevent a record label from effectively controlling your life and creative work for an unreasonable amount of time.
You never know where your career will take you, and it's important to keep your options open. I've seen unscrupulous record labels use five- and even 10-year terms, locking their artists into long-term contracts that destroy their artists' creative lives and financial futures. Before signing that contract, make sure the record label isn't locking you into a lengthy contract with no escape.
In addition, you should think about negotiating a minimum marketing spend as a part of your release commitment. This gives the record label some "skin in the game" when producing your album, forcing them to actually spend money to market your creativity, making your hard work pay off.
Don't let a record label convince you that a one or two percent royalty rate is the industry standard. Some record labels prey upon unsuspecting artists by offering relatively large upfront signing bonuses, giving their artists an initial feeling of success. But in return, the contract gives the artist a paltry royalty rate, ensuring that the label – not the artist – will reap all the long-term rewards of artistic success.
But some record labels sneak in abhorrent and enormous royalty deductions that all but guarantee you'll never receive a royalty check. Watch out for deductions based upon the record label's general costs of doing business, like the deduction of record label owners' salaries and benefits. You should also keep your eyes peeled for deductions that give the label a blank check, like unlimited deductions for travel, hotel stays, car rental, meals and entertainment, and other costs that a devious record label could use to rack up a lavish tab at your expense.
Artists often ask me how they can ensure the record label is being honest with them about the total number of albums or tracks sold. Without honest communication and detailed record keeping, the relationship between artist and label can quickly turn contentious. An audit provision is the best way to prevent this type of communication breakdown before it happens.
The typical audit provision gives the artist the ability to hire a third party auditor to go through the record label's books and records and make sure they're paying the artist what he or she is entitled to under the contract. Typically, the artist must pay for this type of audit. However, many audit clauses require that the record label pay for the audit if a large discrepancy is found.
Before signing a record deal, it’s always a good idea to hire qualified legal counsel to review the record label's proposed contract. But with the above tips in mind, you can now at least look at the contract and know whether the label is trying to squeeze every last penny out of your artistic abilities while hanging you out to dry. Remember, you can be the next John Cougar with your very own "Jack And Diane" type anthem!
And I am not questioning your sharing of that link, I am echoing his sentiment (expressed in the title, he actually liked some of the rhythms). I watched the whole video and none of it leaps at me.
I still haven’t listened to WAP despite the AMA nominations and any awards. It’s the only one I have even heard about although I do recognize the names of several of those performers on “the top 10 list”.
I still think that there are countless other music movements going on that aren’t getting much exposure.
The careers of Elvis, The Beatles, and Nirvana (each of which spearheaded music revolutions, without them on the radio and tv none of the others becomes household names) are flukes, the exception. And they met opposition (not just rejection) from the industry. They started on small labels in America.
One thing I’ve noticed with Spotify is some non-US bands cannot even be streamed on Spotify. You can find their albums and songs/tracks but they are blocked by location. Well unless Spotify changes their contracts or some US publisher steps up to sign on (for a percent of Spotify money?) they won’t be heard hear.
Of course, this has been going on since the beginning of the recording industry.
Rarely, a victimized band has been able to get sweet revenge. Check out this 1975 tune by Queen, “Death on Two Legs”, dedicated an unnamed person, but well by everybody to be the owner of their first label who was also their manager.
https://www.youtube.com/watch?v=kqVpk0qxmfA
It was the first track on an album that sold a fair amount of copies. One of the other other tracks was “Bohemian Rhapsody”. I think they managed to get even.
How about Marv Albert and The Tijuana Brass’s “Whipped Cream”.....
I think you mean Herb Alpert. Marv Albert is the sportscaster.
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