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Storyteller
Supreme tracneaddict

Registered: Feb 2005
Location: The Netherlands
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Jan-11-2008 15:14
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Lolo
I play Trance no Dance

Registered: Dec 2002
Location: Brussels, Belgium
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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
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Jan-11-2008 16:23
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sterilis
Sunset Ibiza

Registered: May 2005
Location: Belfast/Ibiza/Manchester
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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. |
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Official Site - www.sterilis.co.uk
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Jan-11-2008 17:24
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Storyteller
Supreme tracneaddict

Registered: Feb 2005
Location: The Netherlands
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Jan-11-2008 21:49
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Zombie0729
Supreme tranceaddict

Registered: Oct 2003
Location: .
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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
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Jan-11-2008 21:50
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zodiac9
Supreme tranceaddict

Registered: Oct 2005
Location: Houston, TX
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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.
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Jan-12-2008 07:42
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