When the band get signed

[@?,*???&?]

I am floored.

The band got signed AND we have a signed agreement.

But the band have not told me they got signed- at least- not directly. They have eluded to one label in particular that now has them on their site and distribution is arranged through a particular conduit geared toward this music.

The issue at hand is this from the agreement:

6. If the artist procures a major label recording contract and/or subsequent distribution deal through the use of these masters, then the Artist will pay the producer monies in proportion to that advance. If the record advance is $75,000 or less, then the artist will pay the producer $10,000. If the record advance is $75,000 to $150,000 then the Artist will pay the producer $15,000. If the record advance is over $150,000, then the Artist will pat the producer 15% of the record advance.

I have an e-mail in to the band about this. How would you guys go about collecting and auditing this deal?

[mjau]

I have an e-mail in to the band about this. How would you guys go about collecting and auditing this deal?

I'd hire a bigass dude to break some heads, but not before I air some dirty laundry on a public messageboard.

[JGriffin]

Well, congratulations, and I'd say wait and see if the band comes clean with you. If not, have your lawyer contact their lawyer.

[Gentleman Jim]

Obviously the story is more complicated than what you've said here, but none of it is our business so I'll just go with what's known.

There are two easy possible explanations. Perhaps that particular part of the agreement didn't mean anything to the band when they signed it. As far as they know they have no outstanding obligations. It's an honest mistake, and it's all going to get worked out.

Or, maybe they're trying to get away without paying you. Everybody has their price for what it would take to be a weasel. I like to think my price is high, but frankly I haven't been tested very often. Maybe their price is low. Maybe the $1,500 or $2,000 they'd each get from cutting you out is enough for them to try to fight the agreement.

Of course there could be a hundred other explanations, but I think those are the two most obvious.

I hope that whatever you said in that email was worded in a manner that won't get them upset or annoyed, because then your next step would have to be to get a lawyer involved. A diplomatically crafted email would save you thousands of dollars.

Good luck, and hopefully you won't have to get a lawyer for this.

[@?,*???&?]

Or, maybe they're trying to get away without paying you. Everybody has their price for what it would take to be a weasel. I like to think my price is high, but frankly I haven't been tested very often. Maybe their price is low. Maybe the $1,500 or $2,000 they'd each get from cutting you out is enough for them to try to fight the agreement.

My gut reaction from googling label and subsequent distributor is that the label may be a small player in a very specific market. The distributor is niche, but much bigger. The label may have significant backing. They certainly scored a major label sounding recording for a very low price and could earn much from that.

Our agreement may be outside the scale of what they were offered though. This is my first hunch.

[Jay Reynolds]

If their advance is less that $10k, I could see how they'd want to back out. Heck, I could see that being the case if they got $30k.
It might be time to revisit the language in item 6. Perhaps there should be a percentage basis below a certain point (15% below $50k?).

[chris harris]

My gut reaction from googling label and subsequent distributor is that the label may be a small player in a very specific market. The distributor is niche, but much bigger. The label may have significant backing.

Sounds like you should have been much more specific in the wording of item 6. You specifically indicated in your agreement that the percentage would only have to be paid if they signed a contract with a "major label". If this label is indeed a "small player" then it would appear that you don't have a pot to piss in.

6. If the artist procures a major label recording contract and/or subsequent distribution deal through the use of these masters, then the Artist will pay the producer monies in proportion to that advance.

In the indie label world, there isn't typically a distribution "deal" with the artist. The label signs the artist. The distributor's deal is with the label.

You may need to get a legitimate entertainment attorney to look over your "agreements" and try to correct your wording.

[Tones]

Yeah hire a dude... be sure the bands lawyer knows about your agreement.

Does anyone know if there is an agreement out there for bands that Us as engineers can get them to sign for royalties, points, air pie etc etc? what do you use?

I've hired a lawyer for a confidentiality agreement and that was worth every penny, but I dont have anything that's written in plain English for the bands to sign... anyone?

[;ivlunsdystf]

I have an e-mail in to the band about this. How would you guys go about collecting and auditing this deal?

I'd hire a bigass dude to break some heads, but not before I air some dirty laundry on a public messageboard.

[Snarl 12/8]

Also, maybe they didn't get the deal "through the use of these masters" (or they can (il)legitimately claim that) . I'm not a lawyer, but I really hope that what you've posted here is just a bad paraphrasing of #6 of your deal.

I see what you were going for, but IMO, that's so vaguely worded they don't have to pay you squat under almost any circumstance.

[@?,*???&?]

If their advance is less that $10k, I could see how they'd want to back out. Heck, I could see that being the case if they got $30k.
It might be time to revisit the language in item 6. Perhaps there should be a percentage basis below a certain point (15% below $50k?).

My thinking exactly. Perhaps this can be a negotiated point keeping this proportional to the advance if that ends up being the situation. The attorney can sort that out.

Better to look at this as a straight, fixed percentage in the future? That can be some $$ if the advance is in the hundreds of thousands.

[@?,*???&?]

Yeah hire a dude... be sure the bands lawyer knows about your agreement.

Does anyone know if there is an agreement out there for bands that Us as engineers can get them to sign for royalties, points, air pie etc etc? what do you use?

I've hired a lawyer for a confidentiality agreement and that was worth every penny, but I dont have anything that's written in plain English for the bands to sign... anyone?

Here's point 7 from my agreement:

7. Producer shall receive a Royalty of 3% per disc or song sold through normal retail channels at either Brick and Mortar, digitally or otherwise. Producer Royalty rate will increase by 1/2% at 500,000 units sold. Producer Royalty for singles, foreign sales, budget records, club sales and other sales or uses of the Masters will be computed and adjusted in the same proportion as is the 'Artists" Royalty. If Artist does subsequent work with other Producers and/or Engineers for additional reocrding and/or mixing of these Masters for a Major label or distribution deal, then the original 3% Royalty rate will be reduced by 2% for an adjusted Royalty rate of 1% du to the Producer. The subsequent 1/2% increase at 500,000 units sold will still apply.

[Snarl 12/8]

Did you have a legitimate lawyer write that stuff, or did you DIY that in your basement?

[chris harris]

Your "attorney" won't have much luck negotiating those "points" after the fact.
I was talking to an engineer friend the other day and we were both commenting about how nobody uses legitimate lawyers or contracts anymore. I hit the internet and dug up an article (from 1994) about the future of the music business, and I'm quite certain that if taken literally and applied to today's music industry, it signified the impending collapse of the real record industry.

An illegitimate contract is always in danger of being rendered meaningless through the use of unclear wording. And, since the lead vocal, er.... uh.... wording of the contract is the most important part of any legitimate contract, it's best for those parts to be handled by an experienced professional.

Now that everyone has the internet on their phone or laptop, the industry is saturated with lame, amateurish contracts that don't properly cover legitimate work.

[Gentleman Jim]

Thanks.