Starting a band: Types of contracts. (LINK)
November 4th 2007 03:33
Newbie to the Music Industry?
Dont be frightened by the extensive list of contracts but be careful if you are offered any.
There are many dodgey contracts around that pray on the uneducated to sign. Signing a contract dosent mean anything great. Sometimes it means absolutely nothing and just a way to lock you in and take your songs.
Artist/Venue contracts:
A contract a band place on a venue or venue on band pre gig or residency. This will stipulate, set payments, expectations, advertising etc.
Agency contracts:
A contract that engages a band as a signed artist of an entertainment agency. This stipulates the form of contract, exclusive or non exclusive. Exclusive means that no one else else has rights to booking of said band and must all be done via said agency. Watch out for exclusive contracts. Lots of gigs would need to be performed for an exclusive contract to be viasble for a band
Management Contracts:
Artist/Management contract. Can be fairly lengthy and needs much explanation. This contract goes through everything, from a managers duty, to privacy issues, contribution, percentages and commission, etc etc.
Publishing contracts:
A publishing contract is a contract that will tie you with a set publisher. There are certain copyright and royalty/commission with publishers, know exactly where you stand with these guys. What jurisdiction they also have over the globe, check things like, sub publishers and music rights.
Recording contracts:
So many different recording companies, from majors to independants. This will stipulate all aspects covering a recording deal, time frame, financial aspects and managers new roles. Also what a band and the recording label are required to do to keep the contract alive and with no breaches.
Distribution contracts:
Distributors can be local, nationwide or International. These contracts show all facets sucha s distributors responsibility, bands responsibility, campaign and advertising of CD'S and of course financial explanations
Caution for any contract that offers exclusivety. Know what you are stepping into before signing any exclusive deals. Last thing you need as a band is to sign an exclusive deal and then have no work coming in. Also look at the contract timeframe as well, generally, three years is a healthy limit. If the company you are signed with breaches the contract, you also need to look at explanations within the contract of how to get out of it if you need to. Look at issues such as percentages, commissions, copyright issues, you need to protect your songs as much as you can, in many contracts you will need to sacrifice your songs over. Also look at merchandising rights. There are many bad contracts that will give your band name to the public sector. Look at how the said contract will protect you from fraudulent fake merchandising. Control and use of your band name and yourselves as band members. Also, payment options and interest rates.
There is way to much about music industry contracts to explain in one simple blog on the net. If you are oiffered a contarct, just breathe and stay calm and get it looked at by the right avenues.
I cannot stress enough that any contract should not be signed without legal representation. It may cost you a few hundred or more for the service, but will save you possible thousands in the longrun.
There are specialised entertainment lawyers that can help you with these matters. If a said compnay is unwilling to review and alter the terms of the contract to better suit the band, personally I would not sign it. Only a company that is willing to review the contract with you would be wothwhile in their genuity for consideration.
The above mentioned is just the most simplest of explanation and only mentions a few of the more important contracts. You will need to study and learn as much as you can. There are lots of related help and guidance sites on the net. It is a good palce to start learning
Dont be frightened by the extensive list of contracts but be careful if you are offered any.
There are many dodgey contracts around that pray on the uneducated to sign. Signing a contract dosent mean anything great. Sometimes it means absolutely nothing and just a way to lock you in and take your songs.
Artist/Venue contracts:
A contract a band place on a venue or venue on band pre gig or residency. This will stipulate, set payments, expectations, advertising etc.
Agency contracts:
A contract that engages a band as a signed artist of an entertainment agency. This stipulates the form of contract, exclusive or non exclusive. Exclusive means that no one else else has rights to booking of said band and must all be done via said agency. Watch out for exclusive contracts. Lots of gigs would need to be performed for an exclusive contract to be viasble for a band
Management Contracts:
Artist/Management contract. Can be fairly lengthy and needs much explanation. This contract goes through everything, from a managers duty, to privacy issues, contribution, percentages and commission, etc etc.
Publishing contracts:
A publishing contract is a contract that will tie you with a set publisher. There are certain copyright and royalty/commission with publishers, know exactly where you stand with these guys. What jurisdiction they also have over the globe, check things like, sub publishers and music rights.
Recording contracts:
So many different recording companies, from majors to independants. This will stipulate all aspects covering a recording deal, time frame, financial aspects and managers new roles. Also what a band and the recording label are required to do to keep the contract alive and with no breaches.
Distribution contracts:
Distributors can be local, nationwide or International. These contracts show all facets sucha s distributors responsibility, bands responsibility, campaign and advertising of CD'S and of course financial explanations
Caution for any contract that offers exclusivety. Know what you are stepping into before signing any exclusive deals. Last thing you need as a band is to sign an exclusive deal and then have no work coming in. Also look at the contract timeframe as well, generally, three years is a healthy limit. If the company you are signed with breaches the contract, you also need to look at explanations within the contract of how to get out of it if you need to. Look at issues such as percentages, commissions, copyright issues, you need to protect your songs as much as you can, in many contracts you will need to sacrifice your songs over. Also look at merchandising rights. There are many bad contracts that will give your band name to the public sector. Look at how the said contract will protect you from fraudulent fake merchandising. Control and use of your band name and yourselves as band members. Also, payment options and interest rates.
There is way to much about music industry contracts to explain in one simple blog on the net. If you are oiffered a contarct, just breathe and stay calm and get it looked at by the right avenues.
I cannot stress enough that any contract should not be signed without legal representation. It may cost you a few hundred or more for the service, but will save you possible thousands in the longrun.
There are specialised entertainment lawyers that can help you with these matters. If a said compnay is unwilling to review and alter the terms of the contract to better suit the band, personally I would not sign it. Only a company that is willing to review the contract with you would be wothwhile in their genuity for consideration.
The above mentioned is just the most simplest of explanation and only mentions a few of the more important contracts. You will need to study and learn as much as you can. There are lots of related help and guidance sites on the net. It is a good palce to start learning
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