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recording contracts -UK (maybe world)
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| Allied Nations |
Anyone know anything about them?
I've been signed by a London based label and there are a few things I'm not sure about on here.
| quote: | Rights Granted:
You hereby assign to us by way of present assignment of future copyright (for the full period of copyright) the copyright and all other rights of every kind throughout the Territory in and to the Recordings and grant us all necessary consents to exploit the Recordings in all media as we see fit. For the avoidance of doubt, you hereby assign the foregoing rights in respect of Recordings sufficient for 1(one) album, and, if applicable, in addition the Option Album. |
does this mean they own all of my rights? publishing, synchro, mechanical performance? forever?
I want to keep some! Maybe i should negotiate this for a certain period of years?
Also there's these three clauses:
| quote: |
(iv) You shall be free to record and produce for third parties during the Term, but only insofar as such third party releases do not interfere with your obligations hereunder. For the avoidance of doubt we shall control all copyright and like rights in all sound recordings made by the Artist in the Territory during the Term. In the event that you wish to record for a third party under the Artist name during the Term, then you shall be obliged to submit to us the sound recordings you propose to release and you hereby grant us the right to acquire such sound recordings in place of such third party. In the event that we choose not to acquire such sound recordings, then you shall be free to record the same for any third party under the Artist name or howsoever.
(v) You shall not re-record any Compositions recorded hereunder for any third party or allow the same to be recorded until 5 (five) years following release of Recordings thereof.
(vi) You hereby agree to enter in to any agreements necessary to grant synchronisation rights in the Compositions to third parties as we may direct where we or our agents have procured synchronisation use by third parties of the Recordings and Compositions embodied therein and you further agree to pay the reasonable fees of any such agent incurred in relation thereto, subject always to any grant of rights in and to the Compositions that you have made to a third party publisher prior to the date hereof.
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| meriter |
Nope. Seemed pretty straight-forward until this word. I wouldn't agree to pay any "reasonable" fees of any kind. That's not a valid term in legal language, as far as I know. That last clause seems overly complicated, it will probably all come down to them not having to pay you anything ever.
I do believe you can ask them to simplify it or explain it better, but unless they change the language in the contract it doesn't matter what they say. I wouldn't expect any money regardless, if you DO expect money, don't sign with anyone unless they offer an advance, or unless you think your music has serious commercial potential get a lawyer and don't around.
Also the territory should be stated in the contract somewhere, I actually looked at one that said "universe" I thought that was hilarious. |
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| Allied Nations |
They have given me an advance already....
thank you for that!!!! really really helps when someone can single out something like that for me
i do believe my music will have commercial appeal but also dont want to step on too many toes at the label... |
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| Looney4Clooney |
pretty standard.
this is about as simple as it gets. Complexity in contracts are introduced with logical pointers that begin to contradict clauses.
the fee mentioned has to do with pre existing contracts. They are just covering themselves for liability in case someone has a claim on the material.
all contracts that mean "world" state "universe" and all contracts that mean for ever state in perpetuity. Nothing weird.
Also, make sure you have a time limit on the album option and know exactly how long they can extend your contract if they want.
You really should pay a lawyer. |
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| Allied Nations |
| quote: | Originally posted by Looney4Clooney
pretty standard.
this is about as simple as it gets. Complexity in contracts are introduced with logical pointers that begin to contradict clauses.
the fee mentioned has to do with pre existing contracts. They are just covering themselves for liability in case someone has a claim on the material.
all contracts that mean "world" state "universe" and all contracts that mean for ever state in perpetuity. Nothing weird.
Also, make sure you have a time limit on the album option and know exactly how long they can extend your contract if they want.
You really should pay a lawyer. |
i am of course payng a lawyer- just getting heads up from some people around here
but tell me looney, does this give them my publishing rights? |
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| Looney4Clooney |
| They have already given you an advance. You already signed it. If you didn't , sign with someone else and get a similar advance. But unless you post the entire thing, there is. I point speculating. The fact that you are asking basic questions is a sign you to just pay a 1 hour consultation fee. Not sure how much it costs in the UK but iti is about 500 here. |
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| Spacey Orange |
| quote: | Originally posted by Allied Nations
does this mean they own all of my rights? publishing, synchro, mechanical performance? forever?
I want to keep some! Maybe i should negotiate this for a certain period of years? |
this means all rights however they are defined in the definitions section of the contract, or if none exists, what is customary for 'all rights to mean (if you ever get to this point it is usually when your litigating.)
| quote: | Originally posted by Allied Nations
forever?
I want to keep some! Maybe i should negotiate this for a certain period of years? |
the contract says 'for the full period of copyright' which in most places is governed by statute, for instance the the author's life plus 50 years. i'm not sure which law governs your contract.
as far as negotiating it, you have to think about the companies investment in you and your works. will they go into it if they have control for only 5 years?
i have a problem with clause (iv). maybe paying a percentage of the gross income is better for synchronization rights. |
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| Allied Nations |
I was thinking 20 years... and there is no definition section which i guess means all of my rights.
In any case I have emailed it to a bunch of law firms in the UK waiting for quotes back and see which lawyer I like the most.
I will also probably visit a lawyer today in Canada. |
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| Allied Nations |
got multiple law dogs on this
let the negotiations begin
:disbelief |
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| Looney4Clooney |
| what city are you in ? |
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| Rodri Santos |
| i'll take a look at this when i arrive at home, i am lawyer but i've never treated anything like this so my knowledge might be just the same people show here. I'll read it thoroughly but given english is not my mother tongue and the language is obscure for a reason will take time for me to get an idea of why you might get ed up. On a first glimpse there were some painful indicators. |
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