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cm_producer
tranceaddict in training



Registered: Jan 2008
Location:
Got contract from a label. Need some advice..!

Hey guys!

After sending one of my tunes to a label, I got a respond saying they wanted to sign it! YAY!! And then the contract arrived in the mail som days later. And since english "lawyer-talk" ain't exactly my 1st language, I thought maybe some of you could help me out. Don't really care to much what happens to THIS tune..I just wanna make sure I'm not tied to the label with my future tracks. It's a semi-large UK-based label and the guy I've been in touch with seems really nice and trustworthy, but you never know. I know some of you have been in same situation as me and can help me translate some of this stuff into understandable english These are the points in the contract I'm unsure of..:


1: We have agreed to engage you and you accept our engagement of you to supply us with your recording services in respect of your performances of the Compositions upon and subject to the Standard Terms and Conditions for the Supply of Recording Services a copy of which is annexed hereto ("the Terms and Conditions) which are incorporated herein and together with this letter constitute all of the terms of our agreement.

2.1: The Artist agree that the entire copyright and all other right in all Master Recordings made by the Artist and all Records manufactured from them shall vest in the Company absolutely throughout the Territory for the full period of copyright and all renewals and extensions and to operate as a present assignment of future copyright together with all accrued causes if action in respect thereof:

2.2: The Artist irrevocably grants to the Company all consents required to authorise the Company's exploitation of the Master Recordings and Records throughout the Territory including ann consents required pursuant to Part II of the Act.

2.3: The Artist irrevocably and unconditionally waives all so called moral right under the laws of any country in the Territory including but not limited to the right not to have the Master Recordings subjected to derogatory treatment within the meanins of s80 of the Act.

phew.. that's it.. Can anybody give me some advice? Thanks in advance!

Old Post Jan-11-2008 13:58  Norway
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Lolo
I play Trance no Dance



Registered: Dec 2002
Location: Brussels, Belgium

sounds ok.

Make sure they make you sign publishing contracts, too, or you'll lose author rights. Are you registered in Norway? You should be.

L.


___________________
Http://www.airwave-music.com is my new site. Djairwave.com is no more. A new era has begun

Old Post Jan-11-2008 14:06  Belgium
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Storyteller
Supreme tracneaddict



Registered: Feb 2005
Location: The Netherlands

Would you care to explain?

Because when looking at what you're saying it just doesn't make sense to me. The terms above state the artist transfers all rights to the record label, which would include authors rights.

How can a separate contract change that?


___________________

Storyteller Website | Storyteller @ Facebook | Storyteller @ Beatport | Storyteller @ Soundcloud | Stephen J. Kroos - Europa (Storyteller Remix)
Anthony Mea - Get It On (Storyteller Remix)

quote:
If less is more think about how much more more would be.
-Frasier

Old Post Jan-11-2008 15:14  Netherlands
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Lolo
I play Trance no Dance



Registered: Dec 2002
Location: Brussels, Belgium

Record sales generate two types of earnings. Royalties and publishing rights. When a record company releases a record, a percentage of it shall be paid to the local author rights company, in the uk it's MCPS, in France it's Sacem, in the US it should be ASCAP.

So a record release generates two types of contracts as well. Royalty contracts and publishing contracts. Because in that percentage, there's 50% minus a small fee that should go back to the artist/composer/author and same amount for the publisher.

The publisher is a second company that handles administration of its artist's releases for author right companies.

author rights MAY NOT be transferred to a record company and/or master owner inside a royalty contract. A record company should get the right to generate sales from the author but in no way the artist may transfer his/her author rights to a record company in the same contract. It means that you're losing your author rights, and that you are that way losing your OWNERSHIP of the music as well as the ownership of the master copy that you deliver.

A record company provides a royatly contract. A publisher should provide publishing contracts in order to perceive publishing rights.

In some cases the record company is also a publisher, but in this case it should provide TWO different contracts, like we do with my label. You get a royalty contract and a publishing contract that you have to sign.

Beware, they all promise you 50% royalty but in fact they keep your author rights behind your back, and have all publishing rights so when you get ripped off, they won't protect you in any single way.

In some cases, the record label owners have a separate company that has exactly the same occupation (master ownership AND publishing) and they sub-license your track to the other company in order to take 50% off your royalty PLUS your publishing rights.

So, you get f... in every single hole if you sign anything that's not clear.

So, to conclude:

1°) Ask the label to add a clause to the contract so that sub-licensing to a company with the same owners will have no effect on your royalty share.

2°) Get separate contracts for royalty AND publishing.

L.


___________________
Http://www.airwave-music.com is my new site. Djairwave.com is no more. A new era has begun

Old Post Jan-11-2008 16:23  Belgium
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sterilis
Sunset Ibiza



Registered: May 2005
Location: Belfast/Ibiza/Manchester

fuck i wish i hada new this shit before i signed mine

quote:
Originally posted by Lolo
Record sales generate two types of earnings. Royalties and publishing rights. When a record company releases a record, a percentage of it shall be paid to the local author rights company, in the uk it's MCPS, in France it's Sacem, in the US it should be ASCAP.

So a record release generates two types of contracts as well. Royalty contracts and publishing contracts. Because in that percentage, there's 50% minus a small fee that should go back to the artist/composer/author and same amount for the publisher.

The publisher is a second company that handles administration of its artist's releases for author right companies.

author rights MAY NOT be transferred to a record company and/or master owner inside a royalty contract. A record company should get the right to generate sales from the author but in no way the artist may transfer his/her author rights to a record company in the same contract. It means that you're losing your author rights, and that you are that way losing your OWNERSHIP of the music as well as the ownership of the master copy that you deliver.

A record company provides a royatly contract. A publisher should provide publishing contracts in order to perceive publishing rights.

In some cases the record company is also a publisher, but in this case it should provide TWO different contracts, like we do with my label. You get a royalty contract and a publishing contract that you have to sign.

Beware, they all promise you 50% royalty but in fact they keep your author rights behind your back, and have all publishing rights so when you get ripped off, they won't protect you in any single way.

In some cases, the record label owners have a separate company that has exactly the same occupation (master ownership AND publishing) and they sub-license your track to the other company in order to take 50% off your royalty PLUS your publishing rights.

So, you get f... in every single hole if you sign anything that's not clear.

So, to conclude:

1°) Ask the label to add a clause to the contract so that sub-licensing to a company with the same owners will have no effect on your royalty share.

2°) Get separate contracts for royalty AND publishing.

L.


___________________
Official Site - www.sterilis.co.uk

Old Post Jan-11-2008 17:24  Ireland
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Storyteller
Supreme tracneaddict



Registered: Feb 2005
Location: The Netherlands

Thanks for the reply Lolo. You should visit benebeats more often


___________________

Storyteller Website | Storyteller @ Facebook | Storyteller @ Beatport | Storyteller @ Soundcloud | Stephen J. Kroos - Europa (Storyteller Remix)
Anthony Mea - Get It On (Storyteller Remix)

quote:
If less is more think about how much more more would be.
-Frasier

Old Post Jan-11-2008 21:49  Netherlands
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Zombie0729
Supreme tranceaddict



Registered: Oct 2003
Location: .

quote:
Originally posted by Lolo
Record sales generate two types of earnings. Royalties and publishing rights. When a record company releases a record, a percentage of it shall be paid to the local author rights company, in the uk it's MCPS, in France it's Sacem, in the US it should be ASCAP.

So a record release generates two types of contracts as well. Royalty contracts and publishing contracts. Because in that percentage, there's 50% minus a small fee that should go back to the artist/composer/author and same amount for the publisher.

The publisher is a second company that handles administration of its artist's releases for author right companies.

author rights MAY NOT be transferred to a record company and/or master owner inside a royalty contract. A record company should get the right to generate sales from the author but in no way the artist may transfer his/her author rights to a record company in the same contract. It means that you're losing your author rights, and that you are that way losing your OWNERSHIP of the music as well as the ownership of the master copy that you deliver.

A record company provides a royatly contract. A publisher should provide publishing contracts in order to perceive publishing rights.

In some cases the record company is also a publisher, but in this case it should provide TWO different contracts, like we do with my label. You get a royalty contract and a publishing contract that you have to sign.

Beware, they all promise you 50% royalty but in fact they keep your author rights behind your back, and have all publishing rights so when you get ripped off, they won't protect you in any single way.

In some cases, the record label owners have a separate company that has exactly the same occupation (master ownership AND publishing) and they sub-license your track to the other company in order to take 50% off your royalty PLUS your publishing rights.

So, you get f... in every single hole if you sign anything that's not clear.

So, to conclude:

1°) Ask the label to add a clause to the contract so that sub-licensing to a company with the same owners will have no effect on your royalty share.

2°) Get separate contracts for royalty AND publishing.

L.


post of the year. someone sticky this or throw it in the production sticky

Old Post Jan-11-2008 21:50  United States
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zodiac9
Supreme tranceaddict



Registered: Oct 2005
Location: Houston, TX

quote:
Originally posted by Lolo

So, to conclude:

1�) Ask the label to add a clause to the contract so that sub-licensing to a company with the same owners will have no effect on your royalty share.

2�) Get separate contracts for royalty AND publishing.

L.




I agree, but let's see if the label will go for that. I bet they won't. If you are going to start demanding clauses in the contract, you better get a music lawyer to write up those clauses. Don't let the label write up the clauses, they might get tricky and leave loopholes in the wording. I bet a lot of these small labels are not going to bother if you are going to give them a hassle. The larger labels are used to dealing with this kind of thing, I'm sure. If you are going to sign as an artist to a major label, I'd say yeah, get a lawyer and make sure you retain ownership of your music, thus your publishing rights will be retained. If you are signing single releases with a small label, where you'll probably only sell 40 copies of one track, don't sweat the details. It's not worth the hiring of a lawyer and worrying about all the BS.

As far as I understand it, the labels want ownership of your music in order to protect themselves from you shopping the same tracks to other labels. Right or wrong, I don't know, but it makes sense on some level. Also, if someone plagiarizes your songs, the label can go after them instead of you having to foot the legal bills. A lot of major publishing houses retain all rights to their artist's music, for this very reason.

Old Post Jan-12-2008 07:42  United States
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lenieNt Force
Supreme tranceaddict



Registered: Aug 2007
Location: Norway, Oslo

Thank u very much for the useful info Lolo.

Old Post Jan-13-2008 15:10  Norway
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cm_producer
tranceaddict in training



Registered: Jan 2008
Location:

Thanks a lot for the reply. I don't think I'll bother asking about seperate contracts etc. on this one. As it was said..not worth the hassle. 2 extra pennies in my pocket ain't a big deal.

The only imoportant thing is that I'm not tied to THIS label when it comes to tracks in the future..right?

Old Post Jan-14-2008 10:46  Norway
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Lolo
I play Trance no Dance



Registered: Dec 2002
Location: Brussels, Belgium

quote:
Originally posted by cm_producer
Thanks a lot for the reply. I don't think I'll bother asking about seperate contracts etc. on this one. As it was said..not worth the hassle. 2 extra pennies in my pocket ain't a big deal.

The only imoportant thing is that I'm not tied to THIS label when it comes to tracks in the future..right?


in fact it goes a lot further that that...

Find the label that suits your needs so you feel acomplishment every single time you release a track. Keep in touch with those ppl, be creative, and you'll find the right label, the right people to work with, and you'll feel much better.

I'm personally against label shopping with every single release, but it's just my opinion.

L.


___________________
Http://www.airwave-music.com is my new site. Djairwave.com is no more. A new era has begun

Old Post Jan-14-2008 11:01  Belgium
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sterilis
Sunset Ibiza



Registered: May 2005
Location: Belfast/Ibiza/Manchester

quote:
Originally posted by Lolo
in fact it goes a lot further that that...

Find the label that suits your needs so you feel acomplishment every single time you release a track. Keep in touch with those ppl, be creative, and you'll find the right label, the right people to work with, and you'll feel much better.

I'm personally against label shopping with every single release, but it's just my opinion.

L.


what labels do you recommend then?


___________________
Official Site - www.sterilis.co.uk

Old Post Jan-14-2008 11:17  Ireland
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