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avtoys

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  1. Yes the contract is finalized and now we're trying to work out a co-publishing agreement. A whole other can of worms. Time for some more research! I did see Lazz's post, kinda sucks b/c he was of much help to me here. Thanks for your well wishes and I will keep you in the loop.
  2. Ok I'm not going to quote each individual question you have here, I will just try to sum it all up. Yes, you are right, the genre has nothing to do with the particular license, but in this specific genre, it is the most widely seen agreement between an artist and a label, since electro artists make their music primarily in their own recording studio. So, the label isn't paying for studio and production costs but they are paying for the vinyl manufacturing costs and promotion. In exchange for this, the artist will collect an upfront fee and waive their mechanical rights for 5 years. It is called a "Mechanical License Agreement", I didn't make it up. If it helps you to understand it as a "No-Mechanical License Agreement" then so be it. I don't presume to be Sir Paul. I have collected performance royalties in the past from ASCAP for some radio station playing my music up in Ireland from a previous UK release of mine. Not much else really, so I'm not naive enough to think I can make huge sums of money from performance royalties at this stage of my career. The reason the artist waives his mechanical rights for 5 years is for the upfront fee. But like you said, that is not the case here, that's why I had to come and post on this board b/c I am unfamiliar with the different type of contract I'm dealing with now. I simply mentioned it as "this is what I'm used to", not much else. After you said all of this you took a different tone in your post. With rhetorical questions like "did I even bother to read?" and all that. Listen, I don't know you or anyone else on this board, but I came here with nothing but a respectful and appreciative attitude. I didn't call you up for help, like you kindly offered, because not only did I have a big show during the weekend and was extremely busy, but I will not call someone for help when they mention something like "If you want to pay me and the deal goes through - I'll do it for points." I'm not going to lead anyone on as believing I'll be able to hook them up with something b/c I am SMALL TIME. Really small time. I'm not expecting to make 10's of thousands of dollars for this. When you say "no more free advice, it clearly has no value for you" you are way off the mark. The things you mentioned in your first post helped me a great deal when finalizing the contract with the label yesterday. You definitely cleared up a lot of things in the contract for me, it's unfortunate you took a demeaning tone at the end of your last post and withdrew from the discussion, b/c you were being of much help, despite your belief that I didn't read what you said. Peace.
  3. Ok, In the style of music that I do, electro, it is very common for the artist to license the pertinent tracks to the label for a licensing fee. Then they can do as they wish for one term(usually 5 years) and not pay me any mech. royalties for the first pressing(usually 1000). After that you can negotiate a mechanical roaylty % for the next pressing if they wish to do so. I still make my performance/publishing royalties. Make sense? This label doesn't want to do that. They want a recording agreement for this album, that is perpetual. Why would this be? They first had the term "work for hire" in there and I had them take that out. That's like if I worked for an agency and they hired me to do jingles all day long and the jingle is the property of the agency. Well now that isn't there, and I've written, produced and recorded the tracks myself, why could they want perpetual ownership of the masters. Perhaps b/c the masters sound different than my original unmastered tracks and that's what they're talking about?
  4. I really appreciate this. I need to print out what you said here and take it home b/c a lot of it goes over my head. Maybe after the seventh read I'll get it. The Company wants to release the music I have already recorded on my own. They have the songs picked out, the order, the album title, all that. That is why I tried to propose a mechanical licensing agreement but they keep saying they want to bring me aboard. Like signing me for a one album deal I guess. This is a small label so they're not going to dump 10's of thousands in marketing me or anything. That is why some of the language in the contract seems strange to me. It's more like a major label contract, in which case I would get a $100,000 advance or whatever and that is very very far from the advance I'm getting. I will re-read what you wrote here and get back to you on Mon. No internet at home. Thanks again.
  5. If I could I would, I'm on the Ramen and PBJ diet now.
  6. omg! wOW john, only about an hour into this forum and you have answered my questions so well. Let me ask you though, why should I stipulate and make sure it's only recoupable from royalties? what other sources of revenue should I be weary of them recouping from and why? sorry, may sound silly to you but it's the most complicated contract I've ever been through. So the perpetual ownership is not perpetual ownership of the tracks themselves but the perpetual ownership of the actual sound recording? I don't understand that. Can I still release any of those individual tracks on another label, just not all those tracks together on another label? Kinda confused on that one. And this is Royalties section of the contract, is this fine? Am I being shortchanged out of royalties from anything sold internationally? See "c." 4. ROYALTIES: a. In consideration of the rights granted hereunder, pursuant to which Company causes Records, LPs and/or EPs to be manufactured, Company agrees to credit to Artist’s account a Royalty ("all-in", inclusive of Artist producers and any other royalty participants) in an amount equal to fifty percent (50%) of the Net Profits, as defined hereinbelow, derived from the exploitation of the rights granted to, and exercised by, Company hereunder. b. Company shall have the right to maintain reasonable reserves against anticipated returns of Records sold under this agreement, and to distribute a reasonable number of Records as promotional copies. c. The term Net Profits as used herein shall mean one hundred percent (100%) of all nonrefundable monies actually earned and received by Company in the United States directly from the distribution of the Masters, remaining after the deduction, off-the-top, of all costs associated with such distribution, including, but not limited to the following: i. all copyright payments and other per unit payments associated with the distribution of Records; ii. all manufacturing costs, including preparation of all artwork and packaging and promotional materials; iii. the Advance; iv. all amounts expended by Company pursuant to Company’s recording, producing, publicizing, promoting, marketing, selling, licensing, leasing, distributing or other exploitation of the Record, and; v. all costs associated with the collection of sums due Company. d. Net Sales shall mean gross sales less returns, credits and reserves against anticipated returns. Thanks a heap John! I know I should be paying you for this info.
  7. Hopefully, you guys may be able to help me with this. An independent record label has expressed interest in my music. The way I have done it with other indie labels has been to issue them a mechanical license to press, distribute and sell my music(usually in the form of a four-song ep)in exchange for a fee. For a five year period they can do with the tracks as they please. This label however, wants perpetual ownership of the tracks. Has anyone ever heard of this? Company shall have the exclusive, perpetual and worldwide ownership of the Masters and all records manufactured therefrom. I take it as meaning ongoing, lifetime, infinite. Correct? Instead of a "fee" they want to give me an "advance" which is 100% recoupable from the royalties. In other words, if my record doesn't sell enough for the company to recoup the advance money they gave me upfront, I will owe the company the remainder. Is this correct? And this one is quite scary. INDEMNIFICATION: Artist agrees to indemnify Company against, and hold Company harmless from, any and all claims, liabilities, causes of action, damages, reasonable expenses, costs of defense (including reasonable attorneys' fees and court costs) and other costs arising out of or in any way related to any breach or claimed breach of any representation, warranty or agreement by Artist contained in this Agreement. Artist agrees that Company may withhold sums otherwise due to Artist hereunder in amounts reasonably related to such claim(s) until such time as such claim(s) are reduced to a final judgment by a court of competent jurisdiction or are settled. Any one her knowledgeable on any of this? Damn ASCAP couldn't even help me and I'm too broke for a lawyer. And how can I be assured that my record will be promoted and pushed aggressively and how do I write such a clause in the contract?
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