D
DigitalDon
New member
My son just received a recording contract from a small outfit in Miami, FL. We worked with these guys about a year and a half ago but the "deal" fell through due to their finances. So we hear nothing from this guy then out of the blue get the contract in the mail. No cover letter, just the 8 page contract.
You would have thought these guys were major label with the wording and restrictions in the contract. It even said the company "may" pay him xxxx dollars a year. Percentage of sales also. Of course that's after all costs such as recording, production, marketing, etc are recouped. It was a one year contract with option (by the company only of course) for consecutive renewals for the next 6 years. Oh yeah, they would also own his professional name which happens to be his birth name. He would not be allowed to use it professionally after termination of the contract. He would not be allowed to perform without permission of the company. He also couldn't perform as a member of another group if the performance included any vocal or instrument solos. Even as a backup vocalist his name could not be listed in the credits without permission from the company. I did notice though that they slipped up and didn't put the all inclusive "digital rights" statement in there. Of course I'll read it again in case they just re-worded it or broke it up and hid it through several paragraphs.
I could go on and on. Don't get me wrong. I've done a tremendous amount of reading on recording contracts so I'm really not surprised. Other than a small company wanting so much control. On the flip side, his lawyer called me about a year and a half back. He explained that his job was obviously to write the contract as much to the benefit of his client as possible. I understand a contract will go back and forth several times until both parties either agree or give up.
The great thing is my son (and his band) have no interest in a contract since they've decided to go it indie. Of course if the big guys came knocking on the door then who knows? At the same time, he knows that at his age (20), and with a band less than a year old, he has a local following but that's it so far. No clout whatsoever and therefore no leverage with the big boys right now. He would get screwed for sure.
I think we'll have our lawyer look it over anyhow and counter propose a contract the company couldn't live with. This could be interesting and educational at the same time. Will keep you informed.
DD
You would have thought these guys were major label with the wording and restrictions in the contract. It even said the company "may" pay him xxxx dollars a year. Percentage of sales also. Of course that's after all costs such as recording, production, marketing, etc are recouped. It was a one year contract with option (by the company only of course) for consecutive renewals for the next 6 years. Oh yeah, they would also own his professional name which happens to be his birth name. He would not be allowed to use it professionally after termination of the contract. He would not be allowed to perform without permission of the company. He also couldn't perform as a member of another group if the performance included any vocal or instrument solos. Even as a backup vocalist his name could not be listed in the credits without permission from the company. I did notice though that they slipped up and didn't put the all inclusive "digital rights" statement in there. Of course I'll read it again in case they just re-worded it or broke it up and hid it through several paragraphs.
I could go on and on. Don't get me wrong. I've done a tremendous amount of reading on recording contracts so I'm really not surprised. Other than a small company wanting so much control. On the flip side, his lawyer called me about a year and a half back. He explained that his job was obviously to write the contract as much to the benefit of his client as possible. I understand a contract will go back and forth several times until both parties either agree or give up.
The great thing is my son (and his band) have no interest in a contract since they've decided to go it indie. Of course if the big guys came knocking on the door then who knows? At the same time, he knows that at his age (20), and with a band less than a year old, he has a local following but that's it so far. No clout whatsoever and therefore no leverage with the big boys right now. He would get screwed for sure.
I think we'll have our lawyer look it over anyhow and counter propose a contract the company couldn't live with. This could be interesting and educational at the same time. Will keep you informed.
DD