Members XamendedX Posted August 10, 2005 Members Share Posted August 10, 2005 sorry for the cross post, but the Music Biz board doesn't get alot of traffic. my band is starting to generate label interest with our upcoming full-length album. we have recieved a couple offers from indie labels. what should we look for in a contract? what should we be weary of? the only thing I know for sure as that we want to own all the rights to our songs. thanks Link to comment Share on other sites More sharing options...
Phil O'Keefe Posted August 10, 2005 Share Posted August 10, 2005 I could list tons of things, but I'll give you the most important thing you need right away: A GREAT attorney. Contracts vary like mad. Each contract is negotiable. You NEED a great attorney... and they can also help you shop for a deal, as well as neotiate the terms of your contract and explain what different clauses mean and advise you about them. If you have label interest and a few potential offers, you shouldn't have too much difficulty getting an attorney interested in you. Link to comment Share on other sites More sharing options...
Members XamendedX Posted August 10, 2005 Author Members Share Posted August 10, 2005 Originally posted by Phil O'Keefe I could list tons of things, but I'll give you the most important thing you need right away:A GREAT attorney. Contracts vary like mad. Each contract is negotiable. You NEED a great attorney... and they can also help you shop for a deal, as well as neotiate the terms of your contract and explain what different clauses mean and advise you about them. If you have label interest and a few potential offers, you shouldn't have too much difficulty getting an attorney interested in you. where would we find an attorney? EDIT: I mean an attorney specializing in music? Link to comment Share on other sites More sharing options...
Phil O'Keefe Posted August 10, 2005 Share Posted August 10, 2005 Google is your friend. http://www.google.com/search?hl=en&q=music+attorney&btnG=Google+Search Link to comment Share on other sites More sharing options...
Members Super 8 Posted August 10, 2005 Members Share Posted August 10, 2005 I've heard unsettling stories about entertainment attornies. My advice would be to get a recommendation from someone you trust. Come to think of it, we used to have a lawyer/musician back in the old country. I believe he did corporate law, and I don't know if he made the jump over to Harmony C or not. Real nice guy. He might be able to tell you a thing or two, or point you in the right direction DaddyElmis! Are you hanging out here or not??? Link to comment Share on other sites More sharing options...
Members Ani Posted August 10, 2005 Members Share Posted August 10, 2005 XamendedX, You show San Diego, CA listed in your profile. Here is a list of Entertainment Attorneys located in your immediate area that specialize in Entertainment Law. San Diego Entertainment Attorneys I'd suggest that you consult with your local Bar Association to find out if the attorney you are interested in is registered with the Bar prior to shelling out any retainer fees; ask for his creditials... and then VERIFY THEM. You can inquire if there have been any complaints filed against an individual attorney, or a firm, by checking agencies such as the BBB, and your local Bar Association. You will definitely pay more upfront for an ABA Attorney than some of the Lawyers who run low cost specialty ads in newspapers or trade magazines that operate on the fly; but you're going to get the REAL DEAL with one that is established with the Bar. These guys know their stuff and will go in and get the job done quickly and efficiently in their field of expertise. You don't want to hire an inexperienced or a fly-by-night attorney that will do a half-wit job while trying to learn a different discipline on your dime. In other words, do NOT hire a Corporate, a Criminal, a Family, or any other type of Attorney that has not achieved their credentials as one experienced in the discipline of Entertainment Law... They don't dot their i's and cross their t's in the same manner. I reiterate:Make sure to hire an attorney that is an expert in Entertainment (AKA Music) Law. Link to comment Share on other sites More sharing options...
Members Jotown Posted August 10, 2005 Members Share Posted August 10, 2005 The main thing you want to look for in a recording contract is money. Because the money you get on the front end of the deal is lkely the only money you will ever see. I don't know what area you are in but there are good music biz attorneys all over the country with most of the best located in the music capitals (NY, LA, Nashville). If there is a band in your area that has a major label deal and you are on good terms with them ask them for a recomendation. Get paid. Try to keep your publishing. (at least a controlling interest) Try to participate in the production even if only as executive producer. Hire the best people you can get to record and mix your CD. And most importantly: Hold onto your nuts. Link to comment Share on other sites More sharing options...
Members Saint Johnny B Posted August 10, 2005 Members Share Posted August 10, 2005 1. Recoupment clauses...danger Will Robinson 2. Cross-collaterization clauses...danger Will Robinson 3. Deferential between CD and Lp royalty rates...danger Will Robinson... 4. Limited or restricted right to audit clauses...more Danger Yoda Here, go here and read up on some of the contract scams. I think most are listed in the "Industry Practices" Section. http://www.recordingartistscoalition.com Hope this helps. Link to comment Share on other sites More sharing options...
Members XamendedX Posted August 10, 2005 Author Members Share Posted August 10, 2005 thanks for all the replies:cool: its good to know I can get help everyonce and a while on HC:) Link to comment Share on other sites More sharing options...
Members Ani Posted August 10, 2005 Members Share Posted August 10, 2005 X.X, Jotown hit on something that you REALLY need to keep in mind when shopping your act. Be aware that an Advance means EXACTLY THAT; moneys advanced as a signing bonus will be recovered "off of the top" by the label before your band will ever see another dime in payment. Don't live like fools with the upfront money that your band gets; in other words, use scrutiny in touring expenses and riders... don't try to live huge on the fame until you have actually accomplished super stardom. Don't let a manager or anyone else sign off on the doom of your band. Link to comment Share on other sites More sharing options...
Members Brittanylips Posted August 10, 2005 Members Share Posted August 10, 2005 Everyone is right, IMHO. I would reiterate that the short answer is entertainment lawyer. I don't know if I'd find one through google, though. While the internet may be fine for finding husbands, wives, and spouses and such, for someone really important, like your lawyer, you may want a more personal connection. E.g. ask other non-music lawyers, successful music types, etc. for a referral for a good music lawyer. -Peace, Love, and Brittanylips Link to comment Share on other sites More sharing options...
Members blue2blue Posted August 10, 2005 Members Share Posted August 10, 2005 What to look for in a recording contract? A termination clause? Link to comment Share on other sites More sharing options...
Members Rudolf von Hagenwil Posted August 10, 2005 Members Share Posted August 10, 2005 The first question you ask is, "a percentage of what?" Link to comment Share on other sites More sharing options...
Members Ani Posted August 11, 2005 Members Share Posted August 11, 2005 The termination clause is a good thing to insist on. It is also advisable to insist that both parties, your side and those on the side of the label, sign each and every page contained within the contract to insure that all pages have been read and agreed upon by all parties involved. This will ensure that there will be no additional pages inserted in after the fact by someone that may be involved in "shady business"... Helps to keep things above board and it won't leave you open to unwanted obligations. Link to comment Share on other sites More sharing options...
Members gtrbass Posted August 11, 2005 Members Share Posted August 11, 2005 You want the truth about record deals? 1) The Emperor's naked.2) The pot of gold at the end of the rainbow has already been pre-empted by scum and villainery.3) You have a better chance of making more money working at McDonald's than you do in a major label contract. What do I qualify this with? 1) I was signed to Geffen records in 1987.2) I was signed with an indie which resulted in five years of litigation to escape from.3) I have worked with numerous artists signed to major and indie labels. Am I stupid or unique? No. I'm honest about it. Obviously, get a good attorney, and be sure that there is no conflict of interest between your lawyer and the party you are negotiating with. Corruption and collusion is rampant in the industry, even if it is well hidden. The music business is all about leverage, perception and misdirection. For the uninitiated, it is far more corrupt than you think and in a stupid way too. Artists are regularly duped into signing agreements which border on slavery. Most important, don't be desperate. If some screwball comes to the table with a bad deal, another will come along. Eventually someone may come along with a halfway decent offer. You only get to sign once. If you realize you've been f*cked five minutes after signing, there isn't too much you can do about it. For invaluable and truthful information regarding record deals, look here: Producer Steve Albini's expose' on the major label system:http://www.negativland.com/albini.html A wealth of information and articles: http://www.futureofmusic.com/articles/ The ever present Moses Avalaon:http://www.mosesavalon.com/ The Recording Artists Coalition:http://www.recordingartistscoalition.com/index.php Link to comment Share on other sites More sharing options...
Members Mudcat007 Posted August 11, 2005 Members Share Posted August 11, 2005 Originally posted by gtrbass ...Obviously, get a good attorney, and be sure that there is no conflict of interest between your lawyer and the party you are negotiating with. Corruption and collusion is rampant in the industry, even if it is well hidden...[/url] Also make sure the attorney representing you, the artist, does not also represent your management. The Romantics ("What I Like About You") were derailed for decades because of this arrangement. Tons of litigation, lots of royalties ($money$) lost, and loads of band tension resulting in the drummer quitting while they were at the peak of their career. Link to comment Share on other sites More sharing options...
Members Rudolf von Hagenwil Posted August 11, 2005 Members Share Posted August 11, 2005 this is a text on the subject: http://www.music-law.com/contractbasics.html Link to comment Share on other sites More sharing options...
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