Record Deal Advice Needed
The title does explain the most of it. Lawyers amongst you, help me out:
I've been offered a deal with a label I've been a fan of for years. It's a dream gateway entry into the sector I want to get myself into, however there are issues with the deal. I've had a lawyer look over it, and I've sent notes back to the label. I'll put a few basic points together, and I want to see what all of you would do with a similar deal:
- They want ownership of all copyright and they want publishing rights as well.
- There's no advance, so no acknowledgement that they're acquiring the recording rights of a song they haven't covered recording costs for.
- Royalty splits are hitting 25% PPD and 25% net receipts.
- There's a set amount of songs within the contract. There's no term as to when these songs must be released by, therefore putting me at risk of being trapped for life should they not release all the songs.
- All expenses with regards to promotion, marketing, artwork, even legal costs, are deductible by royalty payments.
- Publishing is a 50/50 split (lawyers told me this is insulting, and that they're treating me like a library artist).
- Publishing rights while under the publishing contract are also for perpetuity, and covers all work that I do as a person during the term (five years); not as the artist getting signed.
I went back to the label with the lawyers comments yesterday, and I haven't had a response yet. It's early, but I'm partially (definitely) freaking out because this is a dream opportunity for me and I really really hope that the label negotiate in good faith. At the moment, I'll basically have no rights and no money.
What I'm asking, is if you had those terms from a label that you supported for many years and whose music you love, would you take them?
Almost feels like my own fucking Brexit situation here; it could either be a bad deal or no deal.
EDIT: Thank you all for your advice and support. I'm still consulting with the lawyer I'm using, and with the words from here as well I'm confident I'm not in a position to agree on these terms. I haven't had any response from the label yet, but I'm hoping they will re-draft in good faith. If so, then all is well. If not, then I know I would not be in bed with the people who give me the right support, and any support towards myself would purely be to benefit solely them and them alone without the consideration of myself.
I'll keep this sub updated!
Posted Dec 6, 2018, 1:33 AM UTC · edited