Replies to This Discussion

Permalink Reply by The Electric SunKings on September 19, 2012 at 6:44pm

G'day Fellahs

Glad to see you made a reference to 'time' when negotiating the record deal.  Essentially, you are negotiating copyright as well here. Oh! before I forget please make sure your "small independent label" is really independent and not a subsidiary of a major. This just complicates things beyond measure. Rather than rave on, which I have a tendency to do, I will list what I think are the 6 Basic Terms to be determined when negotiating  deals involving copyright.  You probably know all this but it might be a benefit to others

1. Term?
2. Territory?
3. Commitment?   
4. Copyright?
5. Rewards?
6. Creative Control?

I know the above may need fleshing out but that can be done later but remember the deal is about who controls the 'master recording'.  Ensure it is defined and time limited in the contract.

Cheers

Chief

Permalink Reply by The CRY! (Ray) on September 19, 2012 at 7:31pm

Excellence stuff.   I get most of what your saying.  What is "commitment" regarding?

Permalink Reply by Nicolas McNulty on September 24, 2012 at 12:51am

could u help me to sell my cd and my single @ japan, china? anr/or more places? I`ll like to make that kind of deals, how can i get one? I make HipHop, Rap. And I live in Mexico (also have adress @LBC)

Permalink Reply by Yolanda R. on September 25, 2012 at 3:27pm

Been meaning to reply regarding the exclusivity issue. Since exclusivity 'locks' the artist in for a period of time, it seems that the best way to do it-if the trade-off is worth it- is to limit the time. I see you guys do 6 months. I was going to suggest a year max and the re-negotiate each year if exclusivity is desired again. Alot of bigger artists do this and then ask for more and more money per year of exclusivity.

Permalink Reply by Nicolas McNulty on September 25, 2012 at 7:55pm

i think 6months is OK, and make what u say, every 6months negotiate with that label or others to ask 4 more money (: thats good eyeeeee! Yolanda ;)

Yolanda R. said:

Been meaning to reply regarding the exclusivity issue. Since exclusivity 'locks' the artist in for a period of time, it seems that the best way to do it-if the trade-off is worth it- is to limit the time. I see you guys do 6 months. I was going to suggest a year max and the re-negotiate each year if exclusivity is desired again. Alot of bigger artists do this and then ask for more and more money per year of exclusivity.

Permalink Reply by Yolanda R. on September 25, 2012 at 8:18pm

Thanks Nicholas. You've put up some really helpful pointers too.

Permalink Reply by The Electric SunKings on September 28, 2012 at 12:01am

G'Day again

Sorry for being away from this discussion for a bit.  Got that question about what I mean by 'Commitment'. I guess I can break that down into  parts, and this is what one should expect from the label.

Recording Deals

• to record agreed number of songs/records ( for example, it might be just for an album or 2 EP's )
• to provide minimum recording budgets 
• to release the recorded material
• to provide publicity budgets.
• to provide tours to promote recorded material

Essentially, what looking at here is the commitment made by the label to getting your recordings out there. Remember the label is probably going to be responsible for the distribution or at least contract someone to do it for them.

I get the point Yolanda is making to limit the 'time' you are locked in with the label. However, do remember that the label will be putting out money to promote/publicity/tours recording etc. The label has to get something worthwhile from the deal.  What's the point in signing the band if it takes 5months to knock out the album...exclusivity lasts for one month.  

Think what you need to do combine things.  

• How many recordings (albums do you want to do)?  
• How long will is take to 'record' said album/s?
• How long a time do you give to promote said album/s?
• What is a 'fair' time for the label and the artist?

I am sure you get the drift.. in other words there are numerous ingredients to throw into the mix before arriving at a decision.

It might interest you to know that the shortest term I have been offered by a label for a band I managed was 10months. However, I did negotiate it so all the merchandise rested with the band... just think about that one for a moment.  Please remember the label has to recoup its costs/make a profit or it will not be in business for long. 

I go on for far too long.

Have a good one everyone

Cheers

Chief

Permalink Reply by The CRY! (Ray) on October 8, 2012 at 10:18pm

So, we just agreed to a 45 deal about a month ago... it included "exclusivity" on one of the two tracks.  Two weeks later we get a big deal and now can't use that song in the new recoding sssions.... I guess you do what you can do when you can do it.....

 

Yolanda R. said:

Been meaning to reply regarding the exclusivity issue. Since exclusivity 'locks' the artist in for a period of time, it seems that the best way to do it-if the trade-off is worth it- is to limit the time. I see you guys do 6 months. I was going to suggest a year max and the re-negotiate each year if exclusivity is desired again. Alot of bigger artists do this and then ask for more and more money per year of exclusivity.