Whetstone

Please consider supporting CSN by supporting our advertisers!

Thread Rating:
  • 0 Vote(s) - 0 Average
  • 1
  • 2
  • 3
  • 4
  • 5
Contracts for Real
#1
Contracts revisited (and for real this time, not an example)

First I want to draw your attention (Graham especially) to paragraph 2. (a) which says in part that Licensor (that's you, the owners of a master recording) "... shall be solely responsible for all payments and remuneration of any due the artist, producers, and all other parties having rights in or entitlements to the Masters..."

There has NOT been a change in that paragraph, I just want to point out its utility.  It means, in Graham's case for example where his daughter is underage, that we're sidestepping a thorny problem by saying that Graham as the recording owner is responsible for anything due his daughter as the artist.  As otherwise we can't make contracts with minors.  Make sense Graham? Also perhaps that will be useful in some other cases if a band or other collaboration want to represent themselves to Secondfork with a single owner/point of contact desingated to receive royalties, which are then split among the "other parties having rights in or entitlements to the Masters..."  Not saying you have to, just giving you options. 

----------
The term that has changed is the hold back period. A certain artist made a request (in this case) to change the hold back period for their song.  Though I am wary of setting precidents,  it seemed reasonable in the case of this album (and perhaps this is the only time I will do this)  But if I did so, I decided on reflection not to treat that artist any differently.  So.… the hold back period has been reduced to one month. 

-----------------------------

In a final change that I will possibly regret, I am asking for the sake of time and efficiency that, instead of me sending out personalized copies to each artist, that you each make a copy of the updated /attached file, fill in your personal information and snail mail it back to me at:

Secondfork Records ATTN; Greg Ball
1237 Hayden,
Savannah TX 76117  
(USA to those few that need to specify that)


Attached Files
.doc   whetstone-complicense-nonex-1 (4).doc (Size: 35.5 KB / Downloads: 36)
Reply
#2
Thank you Greg, for all your hard work as well as your determined efforts to keep things simple for all of us and straight forward. This is such a "Breath of Fresh Air" in a "Business Media" that is fraught with fraud, dishonestly and underhanded wheeling and dealing. For all your conscientious effort and hard work we thank you. (I think I speak for everyone involved in this project.)

Weird work schedule for me and I need to get ink for my printer so it will be a few days before I can mail back signed contract to you. But we will get this done a.s.a.p as I know you are now REALLY under the gun as it's time to start pressing CD's and albums? (12" disk?) cool. (Darn I may need to buy an album just so we can frame it and put it on our wall...LOL!)

A quick question: maybe just semantics but not sure. Regarding Marketing of this CD when it's released... what are the general rules and "Do's and Don't's" about us individually marketing the Whetstone Project? Is that a "Strictly Secondfork" thing or are we allowed to promote the CD from our own sources like websites and so on? Reviews and so on? "ETC's"

I ask as the record industry is chock full of predatory sharks always looking for ways to start a fuss. don't want to make a stupid error thinking I'm doing something helpful.

Thanks.

Marty & Linda.
Reply
#3
That's a great question Marty, worth moving to its own thread for discussion I think. I will do that. Give me a few to compose my thoughts though.
Reply
#4
Question 1: How & when are Container Charges paid? How will we know how much they will be, & whether or not we can afford them? Are they taken out of profits, or expected up front? Thanks for your patience. I ask a lot of questions. This is my first experience in the Music Business. Wait, was I not supposed to confess to that? Smile
Reply
#5
They are a hold-over. They weren't actually being used in the current royalty calculations, and so I'm going to remove any reference to them for clarity and upload a new version.  What they were though (In case you run into them again):

An alternate way to calculate royalties is based on the manufacturers suggested retail price minus a complicated set of deductions and conditions.  In such a contract, Container charges represented the cost of physical media packaging - sleeves and cases and such.  In that scenario they COULD have been one of the more important/larger deductions to negotiate.  

Back in the day, it could become a shell game of sorts to figure out what a reasonable amount actually was (artists were rarely business people) and what was pure gamesmanship. The label could specify a deduction in the contract of 15% lets say, but they might only be spending 5%.  This could be part of the hurt-you-all-over contract of legend, but the labels also had a legitimate need to subtract some pretty big expenses that artists didn't always understand.

So.. instead we went with a contract based on the net price.  Which is the actual selling price minus whatever actual costs a particular distributor takes out.  That seemed fairer to me, and is something easily documented.
Reply
#6
Thanks, Greg!
Reply
#7
Greg - Scandalous Grace is good with the wave file you have in the Whetstone album link and I'll be sending you the contract soon!

I'm still working with Steve on LoGLoA mix, but we should be close.
Reply
#8
(06-02-2016, 01:45 PM)gdball Wrote: That's a great question Marty, worth moving to its own thread for discussion I think.  I will do that. Give me a few to compose my thoughts though.

Hey Greg...sent you a pm re: a couple of sentences in the contract that are just a bit confusing.  Didn't think it needed to be part of the thread as it's just the sentence structure and we want to make sure we don't mis enter info.
I know you're busy and it's Saturday so you are probably doing Church work in prep for tomorrow, but when you get a chance can you reply so Linda and I can fill out and mail off the contract to you?

Thanks Buddy...much appreciated.

Marty & Linda
Reply
#9
Hey Greg - I'm filling out the contract for SG (and asking subsequent question for Neil's submission for LoGLoA).  Can you please tell me how to fill out Schedule A?  I'm a little unclear on the blanks for artist and title under 1. Title of the Record and 2. The Master.  is this correct?

1. Title of the Record:
(1) Artist:  Scandalous Grace (Reece L. Bain, Jr. representing)
(2) Title:  "Here"

2. The Master:
(1) Artist:  Scandalous Grace (Reece L. Bain, Jr. representing)
(2) Title:  "Here"


But for Neil's submission of Lord of Glory, Lord of All, I think we'd put:

1. Title of the Record:
(1) Artist:  Neil Sleevi
(2) Title:  "Lord of Glory, Lord of All"


2. The Master:
(1) Artist:  Steve Altonian 
(2) Title:  "Lord of Glory, Lord of All"



(Neil's name above is there to represent all four of the copyright holders - he's the one who will distribute royalties to the copyright holders, Steve is representing all of the performance recording royalties)

would that be correct?  if not, please correct me!
Reply
#10
Hey Reece,

No worries. The way that you have "Here" is cool. For the other, Steve would be the licensor though, not the artist.

Greg
Reply


Forum Jump:


Users browsing this thread: 1 Guest(s)
ACSA

Please consider supporting CSN by supporting our advertisers!