Dubstepforum.com

need some help here!
a labels is interested in some of my tunes
but am kinda new to signing contract and stuff

ok 1 they want me to send the wav to get mastered, do i send before i signed anything?

and what kind of questions should i ask for about the contract?

You should present the contract to an attorney specializing in show business before signing it and sending anything.

i just want to know is it ok for me to send the wave file before anything gets signed?

thierry_le_dj wrote:i just want to know is it ok for me to send the wave file before anything gets signed?

i wouldn't
then again the majority of contracts from smaller labels are far from legally binding and pointless anyways
christ i'm becoming jaded again

ok thanks!
i'll reply to the email and ask more question about the contract before sending the wav?

jaded or not, know what you want and what they are saying, and ask for it in writing. if they refuse, be clearheaded enough to walk away. it's just self-respect.

and don't send anything to them unless you're 100% sure about them. trust your gut.

here is the way we have always done things:

Label expresses intent to sign material via email, Artist agrees and sends wavs to label (these can happen in any order) if you are uncomfortable with the deal, ask to see the contract.

Label sends contract to artist and upon receipt of fully executed contract, label sends wavs off to be mastered

before release, Label delivers masters to artist for approval.

^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

legend4ry wrote:^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

often the contract is more to protect themselves against artists shopping tunes to other labels after the verbal agreement is made

FSTZ wrote:

legend4ry wrote:^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

often the contract is more to protect themselves against artists shopping tunes to other labels after the verbal agreement is made

Thats true. You can spot someone who'll do something like that from a mile off though!

legend4ry wrote:

FSTZ wrote:

legend4ry wrote:^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

often the contract is more to protect themselves against artists shopping tunes to other labels after the verbal agreement is made

Thats true. You can spot someone who'll do something like that from a mile off though!

a personal friend did it to me

yea i think any contract i sign from now on is going to have a limited exclusivity right for my tunes.

deadly habit wrote:yea i think any contract i sign from now on is going to have a limited exclusivity right for my tunes.

you can always put a timed clause in the contract

Like after 3 years the label returns the rights of the music to you and ceases to sell the song(s)

FSTZ wrote:

deadly habit wrote:yea i think any contract i sign from now on is going to have a limited exclusivity right for my tunes.

you can always put a timed clause in the contract

Like after 3 years the label returns the rights of the music to you and ceases to sell the song(s)

yea just not that long
hell look at some of the on mu after it has been on smaller labels for example for those guys (not you) scratching their heads

At the time of contracts both party should clear about the terms and conditions related with the them like:
(1) Duration of the contract.
(2) Profit & Loss sharing terms and condition.
(3) Most thing is the name of the nomination.

normally, I sign off on a release before I ask for the wav files to master - until it's signed off I don't have a record so what's the point of mastering the tunes?

Things to check for with a contract:

- It will give the label the exclusive right to 'exploit the master' in all media, but this should ideally be for a period of about 5 years tops.

- Unless you have specifically and explicitly dicussed publishing, it should give absolutely NO RIGHTS OF PUBLISHING - either for the release itself, or your entire body of work as an artist or you as a musician under any/all aliases. Anyone trying to swipe publishing rights from under your nose is being naughty. I've seen contracts where an artist was expecting to sign 2 tunes to a 12" and there were publishing clauses stuck in there.

- It should ONLY allow the label the rights to the 2 tunes (or however many tunes the release comprises) and NOTHING MORE.

Generally speaking there should be a 50/50 split on net profits, bearing in mind that any advance paid will have to be covered by your split of the profit before you get paid anything further.

Think about this though - what does the contract mean for you? If you think a label has made £XX and not paid you what you're due, what are you going to do? Will you realistically take them through the courts to scrape back what will realistically be not a massive amount of money - likely running up costs in the process that you'll only get back if & when you win your case.

Unless it's gonna be a big record and make some relatively big bucks, contracts are really only useful to lay down in writing the structure of the agreement, and this also helps to clarify what might happen in further licensing agreements e.g. if the tune is signed to a compilation at a later date.

I don't think taking your contract for a small vinyl run or digi-only release to a music lawyer is realistic - they are not cheap and the costs simply aren't warranted. Also, most small labels can't afford to have their own contract written/notified, so may have some ripped off/inaccurate/inappropriate contract that is effectively meaningless so you might be wasting time & money anyway.


Does any of this help??

i hate contracts :/ i always forget to sign them! then i get naggeed!!!

thinking wrote:normally, I sign off on a release before I ask for the wav files to master - until it's signed off I don't have a record so what's the point of mastering the tunes?

Things to check for with a contract:

- It will give the label the exclusive right to 'exploit the master' in all media, but this should ideally be for a period of about 5 years tops.

- Unless you have specifically and explicitly dicussed publishing, it should give absolutely NO RIGHTS OF PUBLISHING - either for the release itself, or your entire body of work as an artist or you as a musician under any/all aliases. Anyone trying to swipe publishing rights from under your nose is being naughty. I've seen contracts where an artist was expecting to sign 2 tunes to a 12" and there were publishing clauses stuck in there.

- It should ONLY allow the label the rights to the 2 tunes (or however many tunes the release comprises) and NOTHING MORE.

Generally speaking there should be a 50/50 split on net profits, bearing in mind that any advance paid will have to be covered by your split of the profit before you get paid anything further.

Think about this though - what does the contract mean for you? If you think a label has made £XX and not paid you what you're due, what are you going to do? Will you realistically take them through the courts to scrape back what will realistically be not a massive amount of money - likely running up costs in the process that you'll only get back if & when you win your case.

Unless it's gonna be a big record and make some relatively big bucks, contracts are really only useful to lay down in writing the structure of the agreement, and this also helps to clarify what might happen in further licensing agreements e.g. if the tune is signed to a compilation at a later date.

I don't think taking your contract for a small vinyl run or digi-only release to a music lawyer is realistic - they are not cheap and the costs simply aren't warranted. Also, most small labels can't afford to have their own contract written/notified, so may have some ripped off/inaccurate/inappropriate contract that is effectively meaningless so you might be wasting time & money anyway.


Does any of this help??

pretty much sums it up, the only thing i would add in from experience is to get some sort of either digital or hard copy record of sales figures so you can do accounting on what may or may not be owed, be it copies of the figures from the distro that the label receives and what not. ie: pre fabric going into administration i got 2 bi-annual email and snail mail records for my mechanical and publishing royalties. (both which were 2 seperate contracts for the same tune)
realistically like thinking said when shit goes awry with a small run or label there really is no recourse for action that isn't a waste of time and money to make back (if you're lucky after court fees etc) little profit you may be owed. just chalk it up as a lesson learned and don't work with that label again.
for smaller scale stuff think of the contract as a virtual handshake or act of good faith, if shit goes bad chalk it up as a loss, lesson learned and move on.

FSTZ wrote:

legend4ry wrote:

FSTZ wrote:

legend4ry wrote:^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

often the contract is more to protect themselves against artists shopping tunes to other labels after the verbal agreement is made

Thats true. You can spot someone who'll do something like that from a mile off though!

a personal friend did it to me

I don't understand. People release tunes on many different labels simultaneously...

ketamine wrote:

FSTZ wrote:

legend4ry wrote:

FSTZ wrote:

legend4ry wrote:^


Quite a common way.

I wouldn't take it to seriously, 90% of people don't get paid from digital labels.

often the contract is more to protect themselves against artists shopping tunes to other labels after the verbal agreement is made

Thats true. You can spot someone who'll do something like that from a mile off though!

a personal friend did it to me

I don't understand. People release tunes on many different labels simultaneously...

Yes, in bigger genres but since dubstep is so small and in hindsight means not much money, labels rely on exclusive signings to be able to even break even!