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Contract Questions - newbie alert
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| cryophonik |
So, a label is interested in one of my songs (my first release) and has sent me a contract to look over and negotiate, but I have some questions about some of the terms that I was hoping some of the more experienced people could help me out with. Yes, I've already spoken to an entertainment lawyer and during that 15-minute free consultation he basically told me what I already know and then proceeded to try to hustle $2K out of me for him to try to negotiate a higher percentage on the CD net profits (as if I couldn't write in a higher number myself :rolleyes: ). I also had an (non-entertainment) attorney friend look at it and she said everything looked good to her, but of course, she's not familiar with the music market, so she has no way of knowing if the terms are appropriate.
I'm obviously not going to get rich off this one measly little song and it's not a major label by any means, so I just want to make sure that I'm not missing anything obvious. I mostly want to know what some of the standard terms in the industry are for this type of release:
- Exclusive license for the original single song + 2 remixes + radio version distributed digitally (i.e., mp3) via Beatport, et al. and on CD.
With that in mind, what are the industry standards for the following:
- Time period (i.e., term) of the license
- percentage of mp3 download net profits paid to artist (I assume this is typically 50%)
- Split on licenses paid by third-party compilations
- Split on remix net profits
- percentage of CD net profits
- Recoupable expenses for both CD and mp3
Finally, I've read a little bit about 'mechanics', but there's nothing in this contract regarding them - how do you guys usually handle them, if at all?
Any other info/advice you can provide is also appreciated. Thanks in advance! |
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| Zombie0729 |
well remember there are two forms of copyright in music... 1 in the form of 'the master' and one of the form of the 'publishing'.
typically all labels negotiate are the master terms. you are basically giving the label the right to distribute your song and agreeing on a sales split with profits. their distribution is always like beatport, itunes, amazon, etc.
the publishing (and this is where the term mechanics comes from) is the licensing of your song to 3rd party applications (ie tv commercials, movies, sometimes compilations etc). You collect mechanics from these sources. most of the time the artist retains most if not all of the publishing. TBH this is where the only real money is in music and it be in your best interest to get as much out of this as you can.
Term is up to you, i always thought about doing an album in the next 5yrs and if i ever wanted to go back and use an old song i think it would suck to have to repay some label from so long ago again on a tune. never sign anything with a full copyright, 3-25yrs is normal.
split on other remix is anywhere from 0-25%. |
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| cryophonik |
| Thanks for the info, Anthony - very helpful! |
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| Theran |
When I'm home, I will look a my contract and inform you..
If you like, and can also send you the percentage page of the contract. (PM) |
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| cryophonik |
| Thanks Theran! |
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