On Fri, 18 Apr 2008, Rick Blechta wrote:
>
> On Apr 18, 2008, at 1:50 PM, jeffc@netaxs.com wrote:
>
> > yeah - a lot of record deals suck. and there is a new '360' model
> > that takes some of everything: touring, merchandising, etc, but
> > a little due diligence is in order.
> > if you don't like it, don't sign it.
>
> Jeff,
>
> With all due respect, every record contract I've ever been privy to,
> with VERY few exceptions, sucks. Standard conversation:
>
> Artist: I really don't want to sign this, man. There are a lot of
> unfair things in it.
>
> Record company: That's the standard industry contract. If you don't
> like it, don't sign it, but we're not going to offer you anything else.
well, that's the reality of signing with a record label, especially a
major. there were 7 majors when i got into the label side of things.
now there are three. so pitting one against another is even harder.
like i said: if you don't like it, don't sign it.
you will even be forced to sign away the legally established 'full stat'
mechanical rate. every first deal i ever saw would only pay you 85%.
this is one of the things you go back and renegotiate after you are
successful - IF that happens.
> Now, if you're a musician (and they're usually young and impatient),
> what are you going to do? Unless a bunch of other companies are
> hounding you to sign, you don't have much of a choice.
you DO have the choice not to sign.
> The one thing I'll NEVER understand is this: your record company gives
> you an advance against royalties to record your album, say $100,000.
> When the recording is finished, you hand it over to the record label
> and it becomes their property. Huh? How is this fair? You paid for it
> with your money (technically a loan which the company hopes to
> recoup), but the recording is their property.
if you play hardball, and have some success ['juice'] you CAN retain
your masters - it used to be unheard of, but it's been established by
a few [zappa was one of the first i beleive, at least as far as music
in the 'mainstream', if you can call zappa 'mainstrem'] so it's not
impossible.
> Yeah, there are musicians who work the system and the record company
> gets screwed, but lots of RCs get around that by keeping closer tabs
> on the money (like paying out the advance directly to the studio and
> producer), but at the end of the day, they use the artist's money to
> get the recording made and then make it their property.
we usually insisted on administering the recording funds. we ran into
too many situations where the artist took the advance, bought cars and
drugs and 'bling' and when the time came to pay the studio it was gone.
we always had to account for every penny we administered, and it was not
a problem - many of the managers were glad to be absolved of the work.
i used to get calls at 4:00 am from studios in sweden or france looking
for a PO so a session could start. it sucked, but we made things happen
within the budget - this benefits the artist at the end of the day.
besides - what artist can establish $50,000 worth of credit with a studio?
it's an advance against future earnings.
if you think you can beat it, then go to a bank; go to your rich uncle,
then do the record without an advance - it can be done. it has been done.
> Rick
i'm not going to argue that a recording contract has some inherent
'fairness' in it. that's not an item that appears in any i have seen.
but this is the price of trying to become rich and famous. only a few
succeed. the rest pretty much get hosed. and it's a LOT better than
it was just 20 years ago, and FAR BETTER than it was 30 years ago.
people used to sign away everything for $50 and a handshake. they
didn't know what they were signing away. call it exploitation, but
many were happy to have the $50 at the time.
there is a wonderful recent documentary on bernie worrell which
demonstrates just some ofwhat he contributed to many bands' sound,
for which he was never properly compensated. he's struggling today,
yet the records he participated in have been groundbreaking. he
was exploited by the acts as much as the labels, if not moreso.
if anyone ever told ya life was fair, they were being less than candid.
...jeff