I'm any unsigned, not very well-known muso, and I've been approached by a music licensing company to have some of my tracks on an O'Neill Europe extreme sports promo DVD which will be sold around the world. They'll be sending out 650,000 copies in the first run, and 900,000 in the second run.
I've said "yes" so far but haven't signed anything yet. They reckon that I've got to sign something waiving any rights to royalties, but there'll be a lot of free publicity and potential follow-ons could be enormous. Also, the deal is non-exclusive. They also said that they'll want to use more of my stuff in future projects (they've got ten projects pencilled in over the next year). And I'll get a promo page on the DVD, too.
It all seems legit - they're sending me all the proper contracts to sign.
However, I've been speaking to someone in the industry who reckons the licensing company can't get my music for free, especially if it's someone as big as O'Neill's.
Anyone know anything about such things?
Rich and famous sooner than I think.....????
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- KVRer
- 26 posts since 20 Apr, 2005
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- KVRAF
- 4222 posts since 23 Feb, 2004 from Tucson Arizona USA
You need an agent. You probably even need an attorney.mistrust wrote: Anyone know anything about such things?
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- KVRAF
- 3588 posts since 13 May, 2004 from montreal
Never, never, waive your right to royalties. Under any circumstances. Big mistake.
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- KVRist
- 145 posts since 24 Feb, 2004 from Wagga, NSW, Australia
Aren't they at least legally obliged to pay mechanical royalties? (ie. a royalty per disc pressed, irrespective of whether it's sold)
Not that I would advise turning it down... unfortunately there is "Kozak's First Law of the Music Industry" to consider: The Musicians Would Do It For Free (named after the friend of mine who coined it).
But congratulations anyway, even if you don't do it, it's a big boost.
Cheers,
Philip
Not that I would advise turning it down... unfortunately there is "Kozak's First Law of the Music Industry" to consider: The Musicians Would Do It For Free (named after the friend of mine who coined it).
But congratulations anyway, even if you don't do it, it's a big boost.
Cheers,
Philip
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- KVRAF
- 6496 posts since 26 Nov, 2004 from Frederick, MD
Yes to both.james0tucson wrote:You need an agent. You probably even need an attorney.mistrust wrote: Anyone know anything about such things?
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Stupid American Pig Stupid American Pig https://www.kvraudio.com/forum/memberlist.php?mode=viewprofile&u=4753 - KVRAF
- 7065 posts since 25 Nov, 2002 from not sure
There are contracts out there that can waive yer mechanical royalties as well. Also beware of scams asking for money from you to put the disc together to send to "label execs and other big wigs in the music buisiness"
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- KVRer
- Topic Starter
- 26 posts since 20 Apr, 2005
Thanks for all your suggestions, folks. It's a tricky situation. From what I've read on the web, I can't claim royalties if the tracks are getting licensed in the UK for movie-type things, but I should get a fee for them using my stuff. I've got a couple of people who are lecturers in New Media studies who will have a look at the contracts for me, but I'm tempted by any sort of "free" publicity.
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- KVRAF
- 2935 posts since 14 Dec, 2003 from Edinburgh
Nice one! Did they just approach you out of the blue? Would be interested to hear how they found you, that's all. Seems there is some hope for the bedroom musician...
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- KVRian
- 1143 posts since 6 Oct, 2004 from berlin
i was in a band that was about to get suckered by one of these scams. i left because i thought they were morons and I refused to put in any money into it. but I can see how stuff like that can really get people.Everyone is always dreaming about getting "the contract" and it's often easy to sucker a dreamer.S_A_P® wrote:Also beware of scams asking for money from you to put the disc together to send to "label execs and other big wigs in the music buisiness"
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- KVRer
- Topic Starter
- 26 posts since 20 Apr, 2005
Well, the contracts have arrived and they definitely look a bit iffy - full of contradictory stuff like who is actually licensing the tracks and things like that. They even want me to waive things like moral and mechanical rights. I'm getting someone to look over them for me, but everyone seems to think that I should get them to pay me about $500 for all of the tracks (about 7 or 8 tracks) seeing as though they want me to waive a lot of things. Or tell them to **** Off!
As for them contacting me - all I did was ask them a general question on an unsigned band forum and they followed the link in my signature.
As for them contacting me - all I did was ask them a general question on an unsigned band forum and they followed the link in my signature.
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- KVRAF
- 1981 posts since 26 Oct, 2003 from Toronto
As David Spade told Kriss Kross "Hey kids, don't forget to save a little bit of change for the bus ride home alright?"
Or as P.T. Barnum would say.... Spend your time researching P.T. Barnum quotes than virtual contracts by perfect strangers!
Or as P.T. Barnum would say.... Spend your time researching P.T. Barnum quotes than virtual contracts by perfect strangers!
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- KVRAF
- 3588 posts since 13 May, 2004 from montreal
That's a hell of a lot lower than almost any licensing deal I've ever heard of... plus if there are no mechanical royalties for you, you're basically just giving the stuff away.mistrust wrote:$500 for all of the tracks (about 7 or 8 tracks)
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- KVRian
- 1112 posts since 17 Jul, 2003 from Kauai, HI
I haven't made a dime in the music industry but I have done well authoring books--so here's my two cents regarding contracts...
Everyone I know, including myself, who have enjoyed successful careers based on contractual work did it the RIGHT way from the very beginning. By that I mean, sign a STANDARD contract--whatever standard is for the job--from a proper company. This contract sounds pretty hinky to me (though, again, I don't know music contracts). If you want to have longevity, then you must place the proper value on your work and expect to be paid for it. If you are looking to get your foot in the door, don't do it by signing something you don't feel right about and won't earn money from. Instead, meet someone in the business who can help you.
Tom
Everyone I know, including myself, who have enjoyed successful careers based on contractual work did it the RIGHT way from the very beginning. By that I mean, sign a STANDARD contract--whatever standard is for the job--from a proper company. This contract sounds pretty hinky to me (though, again, I don't know music contracts). If you want to have longevity, then you must place the proper value on your work and expect to be paid for it. If you are looking to get your foot in the door, don't do it by signing something you don't feel right about and won't earn money from. Instead, meet someone in the business who can help you.
Tom
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- KVRAF
- 1906 posts since 5 Feb, 2005 from UK - Stafford/Lancaster (uni)
Just remember that if someone wants to "contract" you and they have only noticed ur sig, then imagine how far you can get with the right publicity/promotion.
I doubt this will be the "be all and end all" so just remember as SavoirNeeded said dont do anything unless you 100% want to.
Dont feel as though you have to oblige them, its YOUR music.
WoJ
I doubt this will be the "be all and end all" so just remember as SavoirNeeded said dont do anything unless you 100% want to.
Dont feel as though you have to oblige them, its YOUR music.
WoJ
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- KVRer
- Topic Starter
- 26 posts since 20 Apr, 2005
more on this.....
The licensing company have been back to me, saying they're using only one of my tracks - one that I sent them as a "duff" track that I didn't think was up to scratch and not worth much (I was never going to put it out on a CD or download site). I've said ok to them using it for free so maybe I'll be able to use the exposure from the DVD for my decent stuff and to sell a few CDs from it.
Thanks for all the advice from everyone about the contracts. I got someone I know who's teaches music contract stuff at the college I work in.
The licensing company have been back to me, saying they're using only one of my tracks - one that I sent them as a "duff" track that I didn't think was up to scratch and not worth much (I was never going to put it out on a CD or download site). I've said ok to them using it for free so maybe I'll be able to use the exposure from the DVD for my decent stuff and to sell a few CDs from it.
Thanks for all the advice from everyone about the contracts. I got someone I know who's teaches music contract stuff at the college I work in.