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Digital label contract questions
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| MrJiveBoJingles |
Got a contract from a label for one of my tracks:
| quote: | This letter once signed by us and countersigned by you confirm the agreement reached between us in relation to our provision to you of an internet digital download sales and fulfillment service as follows:
1.- Definitions
In this agreement the following terms have the respective meanings set out below:
a) “Term” means an initial period of one year commencing on today’s date (“the initial term”), then continuing in force after the initial term until terminated by either party given to the other not less than one month’s notice in writing of termination expiring at the end of the initial term, or at any time of the initial term.
b) “Digital delivery” means the delivery of a master by digital transmission of a sound recording thereon via the internet world wide web.
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d) “The masters” means any and all master recordings that you send me allowing promotion and distribution world wide by [LABEL NAME].
e) “The royalty” means 50% (fifty percent) of our net receipts from the sales of the original masters,
f) and 30% of our net receipts from the sales of your remixes and from the remixes made from your tracks.
g) “Territory” means the world.
2.- Rights delivery
a) You hereby grant to us for and throughout the term and the territory the exclusive right to distribute and sell the masters by means of digital delivery.
b) In respect of each master you will deliver to us a compact disc copy of first class technical quality or digital files in such format as we specify together with all necessary license and permissions, artwork and publicity material.
c) We will have the exclusive right to distribute use and reproduce your artwork and publicity material using names approved likenesses, trademarks, images at all times, together with the rights excerpts from the masters in any and all media of advertising and all promotion.
a) You should supply us with loops and samples from your tacks so that any [LABEL NAME] member can make remixes. [LABEL NAME] will inform you each time the samples of any of your tracks are requested. |
Anything fishy in here? |
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| ponsshin |
| quote: | | b) In respect of each master you will deliver to us a compact disc copy of first class technical quality or digital files in such format as we specify together with all necessary license and permissions, artwork and publicity material. |
Does that mean "screw you don't count on us to master your track (cuz we don't have the cash to do it)"? |
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| palm |
| looks abit amateur imo but 50% is nice. it says nothing about third party royalties tho so if your track ends up on a compillation or on a movie, commercial, radio, like that (where the money is) u might not get anything. not sure tho Im terrible with contracts but on the ones ive seen third party is always mentioned in a big chapter. |
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| MrJiveBoJingles |
| quote: | Originally posted by ponsshin
Does that mean "screw you don't count on us to master your track (cuz we don't have the cash to do it)"? |
The label rep who gave me the track has requested a WAV of the track to master, so I'm guessing they want to master it.
| quote: | Originally posted by palm
looks abit amateur imo but 50% is nice. it says nothing about third party royalties tho so if your track ends up on a compillation or on a movie, commercial, radio, like that (where the money is) u might not get anything. not sure tho Im terrible with contracts but on the ones ive seen third party is always mentioned in a big chapter. |
Personally, I don't really expect to get much money out of this; my main motivation for signing it would just be the exposure, getting one of my productions out there on Beatport. |
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| Zombie0729 |
you guys are looking at it wrong. there are 2 copyrights in music, a Publishing(often called Composition, what is the actual Staff Composition) and Mastering (what we call the end result of our production).
They are saying we're taking the mastering copyright, which is the most common in the music biz. Retaining the Publishing in your name is important, most movies, video games, commercials license the publishing for it.
hope that was some help |
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