• The Different Types of Record Deals

     

    Every musician dreams of the day they are offered a record deal. It’s the golden ticket to a life of fame, fortune, and luxury, right? Well, not always, but getting a record deal is an important step in advancing your music career. However, It’s important to know, that there are many different types of deals out there, and the key is finding the one that best fit’s with your current needs and long-term goals. Here are a few of the most common record deals that you see being offered today.

    1.The Major Label Deal- This is the big one! A major label gives you a lot of money up front (known as an advance), to cover all the cost of creating an awesome album. The major labels have all the tools to promote your album and make you the next superstar. Be careful though, these major labels don’t have much patience. If your album doesn’t do well they won’t hesitate to drop your contract.

    Sarge Tip

    It’s important to know that all royalties you earn from album sales will go towards paying back the advance, until you’ve paid the label back fully. So be sure to spend your advance money wisely!.

    2. The Independent Label Deal- This deal is very similar to the major label deal. The difference is that independent labels are smaller so they give their artist less advance money than a major label would. The good thing about and indie label is that they work very closely with the artist and you will have more creative control over your albums. There are tons of indie labels out there, and the chances of getting a deal with one is much higher than trying to get signed by a major label.

    Sarge Tip

    Just because you’re signed to an independent label, don’t think you can’t still make it big. If Adele, Taylor Swift, and Macklemore can become stars while signed to an indie label you certainly can too! .

    3.The distribution Deal- Also known as a P&D Deal (pressing and distribution), this deal is most common for artists who have had success on their own and want to stay independent. You agree to let a record label help you manufacture, distribute, and promote your album, and in return the label gets a percentage of the sales profits (normally around 25%). Remember, that in this type of deal you don’t get an advance so you’ll have to come up with the money to produce, record, and market the album yourself.

    4. 360 Deals- Also known as equity deals, participation deal, or multiple rights deal, this is the most common deal artists are offered today. In a 360 deal the label makes money not just from music sales, but from almost everything the artist does. The label gets a portion of profits generated from touring, merchandise, books, movie/TV appearances, basically anything the artist makes money from, the label gets a piece of it. This seems like a bad deal for the artists, but it does give the label even more incentive to support your career and to push you to make lots of money in every way possible.

    Sarge Tip

    Everything in a record agreement can be negotiated, depending on how much you bring to the table, and how bad the label wants to sign you. Lastly, before you sign anything make sure you have an entertainment attorney look it over first!.

    Compiled by Ernest Sallee

  • Copyrights

    Sarge_jokersPAYattention Your band is a business and the product is your music. Protecting both from being used by other parties who could make money on your creativity and hard work is a serious part of the business. Registering for a copyright on your music provides protection from having it used by others without your permission.

    1.What is a copyright anyway?
    A copyright is a form of protection provided by the laws of the United States for the original works of authors and artists, giving them the rights to their published and unpublished music and other intellectual works. What that means is that as the creators and writers of their original music, a band can keep exclusive rights to their work, including how and where it is distributed, who can distribute it, and who they allow to use it for other purposes. For more details on the purpose of the copyright, see http://www.copyright.gov/circs/circ01.pdf.

    2. Who started the idea of the copyright?
    Actually the first copyright laws were passed in England way back in 1710 with the Statute of Anne. The statute was created to encourage writers to continue their literary contributions by protecting them from others who would steal their works for their own financial gain. England had the good sense to see that by protecting the author’s rights, these talented people would be able to make a living as writers and contribute more works to society.

    Sarge Tip

    If you are interested in the history of the copyright process, check out this link for more info: http://www.copyrighthistory.com/anne.html.

    3.How does a copyright happen?
    Here’s the easy part; you actually have a copyright as soon as you or your band documents original work. The means of documentation can be as simple as writing down the lyrics on a napkin, recording the music in the garage, or the combination of both. Registering your copyright is what proves ownership of the material.

     Here’s where it gets tricky; determining who actually owns the songs. Are they owned by the band as a single entity? Are they owned by the individual contributing band members? Is the recording owned by the producer? What about the sound engineer and the session musicians can they claim ownership in the creative process?


    Sarge Tip

    The band members need to have some conversation and agreement early on in the creative process to decide who will have ownership of the songs. Understand that there are typically two types of copyright that may apply; one for the original music and one for the sound recording. In this article, we are generally referring to sound recordings..

    4. Get prepared for the copyright process


    1. The band determines amongst themselves the ownership (author) of the songs and the recordings.

    2. Establish the “creation” date with the recording process. A “creation” date will be required for your copyright applications.

    3. Be sure to have two master copies for submission to the U.S. Copyright Office. Keep the original master in a safe, secure location. Do not send the original with your copyright application documents.

    Sarge Tip

    Do NOT rely on the “Poor Man’s Copyright”. This is the method that some people believe is as good as actually registering with the U.S. Copyright Office; whereby you mail a copy of the CD to yourself. Remember you already have a copyright once you document your music, but the formal registration is what proves you have the copyright and gives you statutory benefit in case of a dispute.

    5. How to register for a copyright:


    1. The most common way is to register on line at http://www.copyright.gov/.

    2. Complete the Form SR, which can be used to register one song or the entire CD

    3. Pay the registration fee of $35.00

    4. Submit two copies of the recording

    5. Be patient; generally the processing time is 3 to 5 months

    6. Use the copyright symbol, i.e. “copyright © 2002 John Doe”. You do not have to wait until the registration is confirmed by the Copyright Office

    7. Store Copyright paper work in a safe, secure location with your master copy of the recording.

    Read more about the process here: http://diymusician.cdbaby.com/2013/05/how-to-copyright-your-music/
    If you are serious about your music, and of course you are or you wouldn’t have read this far; you don’t want to wait until your music takes off making money and then find that there are a multitude of entities that can claim rights to the creation of the music and subsequent album sales.  Please note, this article should not be taken as legal advice. This is meant to give you the basics on why copyrighting is so relevant to your band and some resources to find out more about it. We recommend that you seek professional legal counsel before entering into the copyright process.

    Compiled by Rose’s DamnedOpinion