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My band is being looked at by a label, what to look for???


flaming turd

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IF you sign to a label....


an advance on a record is NOT YOUR MONEY, you owe the label that money before you get paid for anything


make sure any represses of the release have a royalty agreement where you get paid


you need to make sure you own the masters


you need to make sure that you own all rights on ALL material....print, artwork, lyrics, music, packaging.....it ALL must be itemized in writing.


Make sure you sign up to ASCAP and register all songs and written material.

There is a TON more stuff to look out for, but make sure you read and understand EVERYTHING.

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oh yeah, i hope like hell you haven't signed anything yet. sometimes a label will get a band to sign some exclusivity agreement (or some such). basically, this means that no other label can sign you without the first label's permission.

 

bottom line here: if the guy holding out the pen ain't got a check in his hand too, kick him in the nuts because he's trying to {censored} you.

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DO NOT GIVE UP YOUR MERCHANDISING.

T-shirts, stickers, posters, buttons, key chains, wallets, hats, belt buckles.

 

Understand what you can expect from the label as far as tour support, per diem, and promotion.

Make sure you have final say creatively and that includes who your engineer/producer is and where you will be recording.

Options after the first record - the fewer the better.

 

Good luck.

 

EDIT: Do not use an attorney recommended by the label. Get your own.

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You don't need a lawyer. You probably couldn't afford anyone who is decent and knows what they are doing anyways. Read the contracts s-l-o-w-l-y and re-read them until you understand what they are saying and don't be afraid to negotiate for what you think is fair. Do not transfer ownership or assign your rights, only license your rights for a fair price. Make sure the label has some sort of performance milestones, IOW make sure they live up to their end of the bargain, and if not have clear termination language. If you agree to do something in the contract, make sure it is something you can live out. Don't risk something you aren't willing to lose.


Contracts can appear complicated but they really aren't if you use some common sense and read until you understand completely. I don't mean to discourage you from retaining a lawyer but they can be very expensive and you have to be absolutely certain that the product you are trying to sell is worth the investment.

 

 

Wow...I couldn't disagree with this more...you absolutely DO need a lawyer. Record contracts aren't 10 pages long...and don't describe things in simple terms such as percentages. You'll have no idea from reading a record contract whether you are getting a "fair price"...it doesn't matter how many times you read it or how slowly you do so. Back in 94 when my band got signed...keep in mind this was a major and not a indy though...the record contract we were sent was 75 pages long. By the time our music lawyer got done, it had been back and forth between her and the company 7 times for revisions, and was 116 pages long. I read every word, several times over, and to this day I can honestly say I understand at most, 2% of what is discussed. I do know this, had a music lawyer not been involved, our band would have been liable to pay back hundreds of thousands of dollars when we broke after the second album we delivered was not promoted (in any way shape or form...as in deserted).

 

Sorry, you need to save up 5 grand (at least that is what ours cost but that was in '94) and hire the best music lawyer you can. If that just cannot happen, save up less and hire a regular attorney who specialized in contract negotiations. Word of warning, they all seem like "straight up people" who have tons of industry contacts. Take nothing at face value.

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If he is patient let him be, keep on doing what you are doing, play your shows and try to hold off a bit. who knows what may come your way soon?

 

 

I happen to agree with this as well. If you have a following and are continously building up more of a following...don't sign. Show patience. The percentage of bands that break up following signing with a record label is staggering. Nothing causes more friction than having a record company let down the band. It always causes issues because the record company will drive a wedge in the band between the people that want to stay the course no matter what and the people that are tired of getting in the ass. You have to go with the cold hard realization that no matter what kind of push you have behind you, things will likely not work out. The sense of disappointment is mind blowing when it happens and it will break up your band faster than hell. By "not signing" and still gaining momentum with a fanbase and touring your band will stay together longer and eventually get a much better deal.

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Wow...I couldn't disagree with this more...you absolutely DO need a lawyer. Record contracts aren't 10 pages long...and don't describe things in simple terms such as percentages. You'll have no idea from reading a record contract whether you are getting a "fair price"...it doesn't matter how many times you read it or how slowly you do so. Back in 94 when my band got signed...keep in mind this was a major and not a indy though...the record contract we were sent was 75 pages long. By the time our music lawyer got done, it had been back and forth between her and the company 7 times for revisions, and was 116 pages long. I read every word, several times over, and to this day I can honestly say I understand at most, 2% of what is discussed. I do know this, had a music lawyer not been involved, our band would have been liable to pay back hundreds of thousands of dollars when we broke after the second album we delivered was not promoted (in any way shape or form...as in deserted).


Sorry, you need to save up 5 grand (at least that is what ours cost but that was in '94) and hire the best music lawyer you can. If that just cannot happen, save up less and hire a regular attorney who specialized in contract negotiations. Word of warning, they all seem like "straight up people" who have tons of industry contacts. Take nothing at face value.



+1

Get a lawyer, preferably a specialist in music contracts (recording and publishing). Strangely enough record companies are not in this business because of their love of music they're in it to make money....and the best way of doing that is to rip off musicians by tying them up in contracts that are impossible to understand or break....whatever you do get a lawyer...:cop:

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A contract can be a good thing. You have to go into it with your eyes wide open. Your band needs to be organised -physically and legally. Who owns the band name? How is songwriting credit distributed? What happens if someone quits? You're getting into the deep end of the business side of music. It has killed many a good band.

One thing comes to mind, make sure the contract says they have to RELEASE the recording in the USA. You could be a strategic signing to keep you off the market and competing with a band like yours that they REALLY want to promote.

Required Reading:

http://www.amazon.com/Confessions-Record-Producer-Survive-Business/dp/0879308745/ref=pd_bbs_sr_1?ie=UTF8&s=books&qid=1208523368&sr=8-1

http://www.amazon.com/Need-Know-About-Music-Business/dp/0743293185/ref=pd_bbs_3?ie=UTF8&s=books&qid=1208523368&sr=8-3

and the Albini article posted earlier.

http://www.arancidamoeba.com/mrr/problemwithmusic.html

Mixerman diaries are an interesting read too:

http://www.mixerman.net/diaries_main.php

Other good references:

http://www.futureofmusic.org/contractcrit.cfm

http://www.halsguide.com/crashcourse.html

http://www.musiclaw.info/workforhire.html

http://www.austinchronicle.com/gyrobase/Issue/story?oid=oid%3A78379

http://www.ivanhoffman.com/rectraps.html

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You don't need a lawyer. You probably couldn't afford anyone who is decent and knows what they are doing anyways.
Read the contracts s-l-o-w-l-y and re-read them until you understand what they are saying and don't be afraid to negotiate for what you think is fair. Do not transfer ownership or assign your rights, only license your rights for a fair price. Make sure the label has some sort of performance milestones, IOW make sure they live up to their end of the bargain, and if not have clear termination language. If you agree to do something in the contract, make sure it is something you can live out. Don't risk something you aren't willing to lose.


Contracts can appear complicated but they really aren't if you use some common sense and read until you understand completely. I don't mean to discourage you from retaining a lawyer but they can be very expensive and you have to be absolutely certain that the product you are trying to sell is worth the investment.

 

 

Even after understanding a contract completely, you need to keep in mind that a lawyer can twist the words to mean almost whatever they want, in which case, you will need a lawyer to defend it. At least have a lawyer LOOK at the contract.

 

As for the type I set in bold, this is true of lawyers in any industry or even in criminal court. Its no reason not to get one, though.

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A contract can be a good thing. You have to go into it with your eyes wide open. Your band needs to be organised -physically and legally. Who owns the band name? How is songwriting credit distributed? What happens if someone quits? You're getting into the deep end of the business side of music. It has killed many a good band.


One thing comes to mind, make sure the contract says they have to RELEASE the recording in the USA. You could be a strategic signing to keep you off the market and competing with a band like yours that they REALLY want to promote.


Required Reading:






and the Albini article posted earlier.




Mixerman diaries are an interesting read too:




Other good references:










 

 

Thank you very much! That's very helpful.

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Well, I posted this in the Music Biz forum, but it's pretty slow...


We just recorded the demo in my sig about two months ago, we've been together for about 9 months. We're getting what appears to be serious interest from a small start-up label, but it's one that I think could be effective. I will of course get a lawyer, but should I find one that specializes in this type of thing (music), and where would I find one? Beyond that, what should I look for in the contract myself to make sure we're not getting screwed, that getting the best deal we can?


Any tips would be great...

 

 

Hey, I really dig your tunes bro. Good job. Cheers, Lucius:thu:

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DO NOT GIVE UP YOUR MERCHANDISING.

T-shirts, stickers, posters, buttons, key chains, wallets, hats, belt buckles.


Understand what you can expect from the label as far as tour support, per diem, and promotion.

Make sure you have final say creatively and that includes who your engineer/producer is and where you will be recording.

Options after the first record - the fewer the better.


Good luck.


EDIT: Do not use an attorney recommended by the label. Get your own.

 

 

Good call on the merch, thats a biggie, dont let them any control of the merch what-so-ever.

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