#989551 - 04/29/04 08:33 PM
Any dance producers out there? I need some serious advice.
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leftalive
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Registered: 04/29/04
Posts: 7
Loc: USA
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Greetings,
I'm about embark on what will hopefully be a long and fruitful career as a house producer (among other things). I have a CD (containing two tracks - dark tribal sort of stuff) that I sent out last week to about twenty five different labels. I've already heard back from several of them, including a few offers to sign one or both of the tracks.
My problem is that I have no idea how to go about negotiating a fair deal for myself. I've never had a track released before, so this is all uncharted territory for me. The following is a example of one of the offers that I've received. This is pulled directly from the email they sent me:
Rights: Exclusive
Territory: World
Term: Life of copyright
Advance: none
Option: 1 additional single to be negotiated in good faith
Royalty: 16% of PPD paid on 100% of records sold by company and not returned.
PPD: 12‰ Vinyl Single (4.50$ can) 12‰ Vinyl Double Pack (8.00$ can)
CD (pro rated)
Packaging: Vinyl 20%, CD 25%
Third Party: 50% of net receipts
Accounting: Semi-annually plus 90 days
Delivery: Master of the above referenced title in 24 bit with parts
Samples: None to be included
Publishing: you grant publishing interest to (name withheld) recordings
75% of net publishing income to be paid to you
Mechanical royalty:? statutory rate in north america
Remixes: 100% fully recoupable cost
Contract: To be issued by licensee
Frankly, I'm not even sure what all that means. Is this a fair deal? Is there even such a thing for a first time artist? What should I ask for? What should I look out for?
I would be forever grateful for any insight that you might be able to provide me.
Thank you in advance for your time.
cheers
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#989552 - 04/30/04 05:14 PM
Re: Any dance producers out there? I need some serious advice.
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RobT
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Registered: 02/01/01
Posts: 1720
Loc: Charlotte,NC,UNITED STATES
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Get a music attorney on retainer.
_________________________
RobT
Famous Musical Quotes: "I would rather play Chiquita Banana and have my swimming pool than play Bach and starve" - Xavier Cugat
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#989553 - 05/01/04 12:06 AM
Re: Any dance producers out there? I need some serious advice.
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RKing
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Registered: 01/12/01
Posts: 263
Loc: Sherman Oaks,CA,UNITED STATES
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Well, as a slightlty ex-house producer, all I can say is watch your back. Me & my partner had a couple billboard top ten remixes and never saw more than $1,000 for those trax. The most we made was in Taiwan. We had a #1 hit and got a $7500 advance. The us dance labels are all crook man. lol seriously though. If you aren't also a DJ it makes it 10x harder to succeed. Best of luck...
Rob
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#989554 - 05/01/04 02:56 AM
Re: Any dance producers out there? I need some serious advice.
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sfere
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Registered: 03/27/04
Posts: 7
Loc: NY
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I've been in this biz for more than 15 years...
I'll share...it's the least I can do...House is very quirky couple things to be careful as every label except for a few are fly by night operations...Especially the way sales are right now...
regarding your contract......
Rights: Exclusive
This is understandable as they don't want you licensing the track to another label, which cuts their sales, and making off with some more dough
Territory: World
Again same reason as above
Term: Life of copyright
Since your just starting out...this one is pretty non-negotiable but once you start ballin' you could almost treat your single as a license to them.
Advance: none
Kiss my ass! at least 2k for a track...3k for one with a vocal. Again as your stature grows so does your advance...just about everyone will laugh at you if you ask for 5k nobody can make the money back on sales...
Option: 1 additional single to be negotiated in good faith
This is just in case you hit off with a big one..they'll want a follow up. You need to make them specify the term that this would be in effect. IE..within 6 months after written notification.
Royalty: 16% of PPD paid on 100% of records sold by company and not returned.
Make it 18%...though 12 to 18 are just about standard.
PPD: 12‰ Vinyl Single (4.50$ can) 12‰ Vinyl Double Pack (8.00$ can)
CD (pro rated)
Hmmmm that's funny...they put the ppd at a different rate than the royalty...also kiss my ass...18% for all of it!
Packaging: Vinyl 20%, CD 25%
20%vinyl deduction!!!! What are they out of their minds...25 for cd? that's nuts and I run a label!!
tell them 10% across the board
Third Party: 50% of net receipts
Put a clause in that states to be paid within 30days of reciept. all 3rd party reciepts are not to be part of any royalty accruement. Since license's are cold hard cash for both you and them they'll try and bunch it up into your royalties knowing that there's no possible way your gonna recoup on record sales so they get your 50% of cash!!! This really sucks if you have let's say 7 licenses for your label at about 1k each...your entitled to that 3.5k but not if it's part of your royalties!
Accounting: Semi-annually plus 90 days
this is standard
Delivery: Master of the above referenced title in
24 bit with parts
Boy they're being picky! Change this to..to be delivered in a manner consistent with professional recordings made for manufacturing.
Tell em to kiss your ass on the parts....
Samples: None to be included
Every one either does this or says it's the producer's responsibility
Publishing: you grant publishing interest to (name withheld) recordings
75% of net publishing income to be paid to you
What are they crazy!!! Oh hell no.....
standard is 50% but like i said as you grow in stature this becomes negotiable. Also ...start your own publishing company and you can put in a clause that states that you will administer your own 50%. That way they never touch your money and you don't have to wait for a check that ain't never coming!
Mechanical royalty:? statutory rate in north america
Standard
Remixes: 100% fully recoupable cost
OH HELL NO....If they want it remixed..let them pay for it! It shouldn't come out of your money...
There you have it.....Hope this helps
I've been in this game a long time...I love it and wouldn't change it for the world. Welcome aboard...
peace
Dennis Ferrer
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#989555 - 05/01/04 03:03 AM
Re: Any dance producers out there? I need some serious advice.
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sfere
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Registered: 03/27/04
Posts: 7
Loc: NY
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Oh by the way...for royalties they need to state whether it's based upon wholesale or retail pricing.....very big difference. Real labels who try to be somewhat fair base it upon retail as this becomes roughly 6.99 x .18 royalty rate
wholesale anywhere from 3.50 to 3.80 x .18
If you feel like being nice..which shouldn't be too often then let em get away with wholesale. As the only money you'll really only ever see is your advance and if your smart your publishing.
peace
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#989556 - 05/01/04 03:09 AM
Re: Any dance producers out there? I need some serious advice.
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sfere
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Registered: 03/27/04
Posts: 7
Loc: NY
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Originally posted by RKing:
Well, as a slightlty ex-house producer, all I can say is watch your back. Me & my partner had a couple billboard top ten remixes and never saw more than $1,000 for those trax. The most we made was in Taiwan. We had a #1 hit and got a $7500 advance. The us dance labels are all crook man. lol seriously though. If you aren't also a DJ it makes it 10x harder to succeed. Best of luck...
Rob
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#989557 - 05/11/04 08:44 PM
Re: Any dance producers out there? I need some serious advice.
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RKing
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Registered: 01/12/01
Posts: 263
Loc: Sherman Oaks,CA,UNITED STATES
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Hey Dave, perhaps it was just my experience of being in the Biz for 5 years, a few years back. I am not saying it wasn't fun, we just had to deal with alot of BS and crooked people. I wish you continued success man..
Rob
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