|
Post by hellpie on Dec 6, 2011 9:37:41 GMT -5
We wont name any names but I find this "deal" that we were informed of, a little to good to be true. A small record label/management co contacted us asking to record a new song for them out of state. We'd have to pay $X for 1 day studio and they'd pay for mixing/mastering (1 day). They would then try to sell the song to larger record companies. Cost of travel and studio would run us about $1k. When we ask, "why not use an existing song?" they refused as they would only work through their studio. When asked "Why did you choose us?" They could not answer. When we researched their "successes" we found a few small bands on tiny labels. So the question is, does anyone know of any scams that target up and coming independent bands? What should bands look out for? What are some hard question to ask when approached by small level record/management companies?
|
|
|
Post by Jeff on Dec 6, 2011 13:40:20 GMT -5
BE CAREFUL!!! This sounds like someone is offering studio services and trying to 'grease' the deal by offering the empty promise that a "DEAL" awaits. Sounds like a lot of BULLSHIT to me.
I just became AGHORI's manager, and at no time have I ever expected them to pay anything up front. WHY??? Because I believe in them and the ability that they have to be successful in this industry. This being said, I am 100% confident that there will be a payday on the back end.
If someone expects upfront payment then they are selling you a service and NOT investing into your company... loosely translated, THEY DON'T BELIEVE IN YOU!!!!
|
|
|
Post by DEADIRON on Dec 6, 2011 14:46:27 GMT -5
Sounds like bullshit to me too. There are a lot of people out there that are looking to use our dreams as a weakness. The line between turning down real opportunities and avoiding scams is a real fine one, or at least it seems to me. We've been approached by many folks that want to manage, work for us, etc. and you always have to vet them with someone that you know and trust that already works with them.
|
|
|
Post by synap2012 on Dec 6, 2011 19:05:08 GMT -5
Simple bands listen up
Do not let anyone but the band OWN your intellectual properties (I.e. Trade Mark, PA, etc) just give them rights to use them.
At least NEVER, EVER give them your TM!!!!!!!!!!
If a label wants your PA, make them pay dearly for it!
Example: If you want me to write you your own personal metal album, which when I am done writing and recording it, it becomes yours, (both SR and PA) I would charge you $10,000 (non-recoverable funds) (also called signing bonus) for writing it and another $10,000 (non recoverable funds) to record it.
So simply put, if a label wants to own my albums intellectual rights (both PA and SR) it will cost them $20,000 bucks. 10 grand for my time to write an album another 10 grand to record it.
Anything less than this and you can do it yourself without going into debt to a label!
|
|
|
Post by Jeff on Dec 6, 2011 21:49:36 GMT -5
A Trademark is an item registered with the USPTO and is good for 10 years and ONLY transferable with a written instrument from the legal owner. Typically speaking, trademarks are NOT a part of the negotiated deal.
In most cases, the IPR in question is in regard to publishing. When a band gets set up thru BMI, ASCAP or SEASAC, then they have created a publishing company or in short (a relationship with a company that tracks plays and pays accordingly) The percentages that each individual receives is clearly stated on the applications for EACH song title.
MOST record companies will demand that they are listed as a "partner" in the publishing company. If ANYONE requests or demands this, then there needs to be a DAMN GOOD REASON... perhaps a check with a lot of zeros attached will suffice, but personally (unless you're ready to sell your soul) I'd say STAY AWAY!!!
The bottomline here is that a contract can be written several ways and include numerous agreeances. Percentages of Publishing and Merchandise (in addition to music) are the two things that bands should attempt to retain 100%.
GOOD LUCK!!
|
|
|
Post by forgeofwar on Dec 7, 2011 17:37:20 GMT -5
we just did our album ourself with the help of charred metal productions... with technology today if you know someone that is trustworthy and knows what they are doing... you wont have to spend a crap load of money cheers, -the forge www.forge-of-war.com
|
|
Metal-X
New Member
Culprits Unite \m/
Posts: 10
|
Post by Metal-X on Dec 13, 2011 11:02:33 GMT -5
Just using your post to elaborate a little more Jeff. A Trademark is an item registered with the USPTO and is good for 10 years and ONLY transferable with a written instrument from the legal owner. Typically speaking, trademarks are NOT a part of the negotiated deal. Your trademark represents your right as a band to use the bands name for business a.k.a doing what you love. This should NEVER be given up as any part of a deal... to anybody, and should be solely owned by the band as a business. Record labels are generally after the copyrights to your songs, and your publishing rights. You should fight to retain all rights to your music, and that is very tough to do when you have little clout in negotiating a contract. When signing any "deal", I would suggest finding a lawyer that specializes in copyrights to help you look over it. After all, your band is your business and people are going to look to take advantage of that. If you're in a band and haven't affiliated yourself with one of these three yet, then do so NOW!! If your songs are copyrighted (which they should be), you have what's known as "Public Performance Rights". Meaning, that if your song is played publicly, you are entitled to money for that performance. These Performance Rights Organizations (PRO's) are in charge of keeping track of how many times your songs are played, and paying you for them. ASCAP and BMI are both free, SESAC is not. ALL publishing rights need to be retained by YOU, the artist. The record company is looking to get money any way they can, but this is not one area they ever need to get a slice. While you are busy paying your advance back that they gave you (its not technically free money) through your record sales, publishing (mechanical rights) is going to be some of the only money you see from record sales for quite a while. Exactly, if you are ever in doubt about something you are signing, find a good copyright lawyer to look it over with you. Your band is your business!!! Make sure you handle it carefully!!
|
|