Vevo Page Demanded By Label?

[SuperSophie]

Hi Everyone!

I signed up since my boyfriend has recently signed his first record deal with “X†label, the label want to register him on Vevo for his music video and are applying heavy pressure for him to allow them to do this, he's getting stressed over this so if it's ok with you can I ask the following Questions? Maybe someone here knows.. apologies over the wording I wrote the questions in word first but as I am not entirely sure of the question it might be a bit vague..!

1. If the label were to register my boyfriends page, who has the control over the Artist page?

2. Can my boyfriend change details on that page without consulting the label or vice versa?

3. What money is generated by being listed on Vevo as an Artist? Or is it purely a way of being promoted?

4. Are Artists Video’s monetised? If the label register’s on the Artists behalf will they get a larger share of any revenue?

5. If a dispute breaks out between the Artist and the label, is there an overseer that can be contacted to decide on disputes? like an Arbitrator?

6. Once a label register’s an Artist, does this give them the right to show other videos made by the Artist on the Artists page, post whatever videos they want while he was signed to another label and continue to operate his twitter, myspace, instagram, youtube pintrest links and control all traffic to his web site even directing traffic to another web site as per justin timberlake's vevo page

7. Can an Artist be forced to accept the label registering him? Does the Artist have to give permission first? What is to stop a label registering an Artist without being consulted?

8. Why does a label want to register an Artist? What is the benefit for the Artist by allowing this?

9. Final question, can the Artist register or block registration of his name on Vevo until such time as an agreement has been reached with the label? If so, how would the Artists go about this?

Thanks all, My Boyfriend is phreaking out over this and I'm not sure if he has a point or not (I'm not musically gifted) but hopefully some of you on here can explain this to me.. one of his friends said that he signed with a label recently and it was written in to his contract that the label would have control of his vevo page, this just seems odd to me, what is in it for the label? I thought vevo was for the artists?

Ok, thanks all, hugs n kisses

 

SuperSophie XXX

 

[Retrosaurus Rex]

+1 What Tom said. And if the contract is already signed, then your boo is compelled to perform its terms, and any money generated will be allocated according to those terms. So it would have been nice to consult a lawyer before signing...

[john]

Unfortunately this is a detail that , like all others, should have been examined by an entertainments lawyer and negotiated before signing. If you didn't contest it and have it ruled out before signing, there is nothing to be gained by contesting it now. True a very good lawyer might find a loophole or other way to negate the clause, however it is unlikely.

More likely is that you now piss off the labe l to the extent that your working relationship becomes unworkable with any relationship having deteriorated to something that not only gets the band shelved while still contractually bound but possibly even cited as a demonstration of breach of conyract on your boyfroend's part. All in all not good and very possibly a career ender.

Next time get it checked before signing and do all that questioning thinking before puting the signature on the contract. Meanwhile do what the contract agrees and move on. Better to regret that smaller loss than lose the whole damn thing.

[john]

True. My misreading. I was thinking of what the boyfriend's friend was saying and thinking it was his advice, not his experience. Sorry Sophie.

That being the case the answer to many parts of your question come down to what is agreed in the contract. If it is covered then the terms of the contract should most likely be fulfilled, if not then it is an ammendment or supplimentary term that needs to be negotiated unless it is a stipulated option whose terms are pre-agreed if yet not enacted.

If not yet agreed between your boyfriend and the label:

1. most likely the label

2. not if the label controls the page

3. I believe income comes from a share of advertising income

4. generally the label would be supposed to pass any income on to publisher and artist according to a share split governed by a contract betwen the parties involved. In this Vevo is quite right that it is outside their contract assuming they have no provision for spilitting payments between publisher and label. Both labels and publishers commonly collect monies from income streams which they then distribute to artists and songwriters. In this labels and publishers are suppoaed to provide accounting details covering money collected and then distributed according to the share split dictated by their contract.

5. Yes, usually there is. Contracts often stipulate what can go to arbitration and how an arbitrator can be selected.

6. Unlikely as the content you mention is controlled by the previous label, although a deal could be done between the labels. Generally it is the labels that own the videos. I doubt that could legally happen without express agreement.

7. contract law. it depends on what has already been agreed and I doubt the artist expressly gives their permission. The label would assert it has that right (rightly or wrongly) in otherwords asserting that they have the right as dictated by a contract outwith the vevo contract, ie your record contract.

8. a ) control b ) if they trust the label to honestly administer rights then they gain the same thing they gain with and trading of rights.. ie someone else does the work.

9. no idea. I doubt it.

Sorry I can't be more helpful. I am not a lawyer nevermind an entertainments lawyer. Vevo have obviously aimed to divide and conquer, dealing with as few parties as possible and trying to push any compliance details onto the labels alone.

One additional point to make is that if this is up for negotiating just now you should ask the label to explain the business justification for them administering the page and exactly what rights they need and what they will do in terms of accounting. Your boyfriend needs to have a healthy working relationship with them at the end of the day and a certain degree of trust will be needed. No matterr what is agreed however please get it checked by an ents lawyer.