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what does signing a record deal mean

by Prof. Angela Cummings IV Published 1 year ago Updated 1 year ago
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A recording contract (commonly called a record contract or record deal) is a legal agreement between a record label and a recording artist (or group), where the artist makes a record (or series of records) for the label to sell and promote.

Full Answer

What is a standard record deal with a record label?

Major Label ‘Standard’ Record Deal. In this deal, the label would be part of the artist development, recording, pressing, distribution, and marketing. And in most cases, the label would pay the artist an advance. Once the advance is paid off, artists commonly receive a royalty rate of up to 15% of revenue generated.

What makes a good record contract?

What makes a record contract good are terms that enable each party to benefit from the deal. What makes a record contract good are deal terms that enable each party to benefit from the deal. Both sides have to benefit or else the relationship is going to bottom out and become unproductive.

What should I consider when signing a record deal?

Make sure you reserve all other uses of your likeness — for example, in merchandising, which is potentially a very lucrative area and entirely separate from the record deal. Artwork: This covers copyright ownership in sleeve art, and the commissioning of photographers and designers.

What is a record contract in the music industry?

In many respects, today’s record contract is much the same as yesterday’s record record contract even in this “streaming-first” music landscape. In most cases the record contract will seek a complete transfer of ownership of the music copyright in the master recordings from the original artist to the record company.

Why do record companies seek deals?

What do lawyers do when negotiating a record contract?

What does ‘recording contract’ mean in today’s streaming-first music landscape?

How have record contracts changed?

What makes a record contract good?

What is a 360° Record contract?

What is contractual terms?

See 2 more

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What is the point of signing a record deal?

Transfer of copyright ownership: The record label owns the master rights to your music when you sign a deal. They have the freedom to negotiate music licensing and publishing deals without your approval. As a result, they can keep more profits generated from these deals. 4.

What does signing a deal mean?

Essentially, your signature means that you have read the agreement, agree to its terms and conditions, intend to enter into the agreement, and are legally authorized and mentally competent to do so.

Is getting signed to a record label worth it?

A Record Deal Can Make COST A Fortune. When you sign a major label record deal, you are often signing away the possibility of making any money off of record sales. Seems kind of backwards, right? According to TheRoot, for every $1000 in music sold, the average contracted recording artist makes about $23.40.

How does signing to a record label work?

When an artist gets signed to a label they get money, called an 'advance,' to make a record. When the record is released, the label keeps all the money until they have recouped their expenses, which includes the advance, recording costs, promotion, and legal fees.

What happens after you get signed to a record label?

Publish and promote your music: When you get signed by a record label and have your track released the record label will publish your track on Spotify, iTunes, Apple music and all other major streaming platforms. Most record labels have different ways of promoting your music.

Do you have to pay back a record deal?

The short answer is, no. When you get signed, you contribute your musical talent (and the use of your compositions if you wrote the songs that will be recorded), and the record label finances the production and distribution of the album.

What do I need to know before signing a record deal?

Here are five tips every artist should consider before signing their first recording contract.Watch out for contracts with an initial term lasting more than one year. ... Get a release commitment. ... Make sure your royalty rate is reasonable. ... Watch out for hidden royalty deductions.More items...•

How long does a record deal last?

The contract period usually runs from six to 12 months after the release of the last recording, the last asset under the contract. The contract period limits the freedom of the artist, because they won't be able to easily move from one label to another.

Should you accept a record deal?

Yes some record labels will, but it'll all be down to the deal you make with them. That's why it's important to not sign just any deal because it's offered to you, only do one which will benefit you in the long run. That said, you do need to remember that the label will fork out money on you upfront.

How are signed artists paid?

You get paid a percentage of each album sold. This percentage is known as a royalty. There are other ways for musicians to make money (see How Music Royalties Work for details), but royalties on the sales of albums is the main source of money coming from a recording contract.

Is it better to be independent or signed?

Deciding on whether to go solo or aim for a record deal depends on your ambitions. If you value creative freedom over anything else in your music, then stick to the independent route. If you want to increase your chances of going global, on the other hand, signing with a record label offers you the best chance.

How hard is it to get a record deal?

It's not easy – but it's definitely not impossible. If you have a great music product and can show that there's an audience for your music, then the process of getting a record deal will be easier. It also takes a lot of hard work and a bit of luck!

What happens when a artist signs someone?

What exactly is a “co-sign?” It's quite simple: it is when an artist, usually someone with commercial success, gives a different artist, usually someone with lower success, a shout-out by acknowledging that they like his/her music.

How much is the average record deal?

Per IFPI, a record label will typically invest anywhere from $500,000 to $2,000,000 in a newly signed artist. That's a wide spread to be sure, and a large amount of money from the perspective of most.

Do record labels ask for money?

The answer is, generally, no. Record labels are the ones pouring money into the artist. They are doing all of this work upfront to hopefully make money off of you eventually; they're not doing it for free. But they do not typically ask you for any money upfront; this is likely the preposition of a scammer!

How much money does a record label take from an artist?

As a quick reference, record labels can keep a cut anywhere from 50-90% of your earnings. It is an industry norm for a new artist to only receive 10-16% of their sales.

Do record labels own your music?

The copyright of the Sound Recording is generally owned by the artist or record label that they are signed to. Whoever owns the master recordings will earn royalties when the song is played or reproduced (including radio, streaming, downloads).

What happens if you break a record deal?

Sometimes, artists will break their end of the contract to force the label to seek termination of the contract. This can be risky and can result in lawsuits. Sometimes artists will quickly make a few records to fulfill their requirements as well. Any of these scenarios requires a lawyer.

How much is Drake's record deal?

$400 millionAccording to Variety, Drake's $400 million Universal deal — called “Lebron-sized” because of the sheer magnitude of both its value and its scope — encompasses “recordings, publishing, merchandise, and visual media projects.”

Who has the best record deal?

Check out the most valuable record deals ever:Lil Wayne — $150 million (2012)Jay Z — $150 million (2008) ... Bruce Springsteen — $150 million (2005) ... Adele — $130 million (2016) ... Robbie Williams — $125 million (2002) ... Madonna — $120 million (2012) ... Whitney Houston — $100 million (2001) ... Prince — $100 million (1992) ... More items...•

What does signing a document mean?

Word forms: signings The signing of a document is the act of writing your name to indicate that you agree with what it says or to say that you have been present to witness other people writing their signature.

What is another word for signing a contract?

What is another word for signing?authorisingUKauthorizingUSsigning oncoming to an agreement onexecutingguaranteeinglegitimatizingvouching forgiving permission forgiving the stamp of approval to104 more rows

What is the term for signing a contract?

A signatory is someone who signs a contract, therefore creating a legal obligation. There could be several signatories for a specific contract. Over time, this word has often been used for a person or country who signs a peace treaty.

What is the effect of signing a contract document?

Answer: A signature on a contractual document or other written agreement, demonstrates that a party has read, understood and consents to the terms and conditions in a contract. A party to an agreement is bound by his signature, regardless of whether he has actually read the contract or not.

Why do record companies seek deals?

Getting a piece of the other income streams like merch and touring is one way to do it. This is why record companies seek these types of deals.

What do lawyers do when negotiating a record contract?

What most good lawyers try to do when negotiating a record contract on behalf of an artist is make sure that the contract’s terms give each side what they need.

What does ‘recording contract’ mean in today’s streaming-first music landscape?

In many respects, today’s record contract is much the same as yesterday’s record record contract even in this “streaming-first” music landscape.

How have record contracts changed?

Record contracts have generally always sought to acquire and hold copyrights. What has changed is the method of distribution.

What makes a record contract good?

What makes a record contract good are terms that enable each party to benefit from the deal.

What is a 360° Record contract?

As the name suggests, 360° contracts aim to cover all parts of artist income and label services.

What is contractual terms?

Contractual terms that permit the record company to make too many deductions for packaging, foreign territory sales and free goods when calculating the artist’s royalties. There’s tons more to consider when avoiding a bad contract. But for the sake of this discussion, these three points are worth keeping in mind.

How long does it take for a record label to release a record?

This clause needs to include language that commits the label to releasing your record within 60-120 days after acceptance of the product (first single, follow-up EP, etc), as well as granting you rights to get your recordings back in the case they do not release within that period.

What is the hardest part of a record deal?

The controlled composition clause is the hardest part of a record deal to comprehend. You can find a more elaborate explanation of it in my indie guide to music copyright.

Why are major labels so hard to negotiate?

Partly because of company culture, partly because of clout. Everyone wants to get signed with them, yet they need to make money – and there’s no guarantee that any signing will be successful. Their deals have shaped so that these compensate for the inherent risk of their business model, as well as to support their large organizations.

How long does an artist's exclusivity last?

The exclusivity may last for three months until after the final single has been released, and the deal may also allow certain periods in between the releases for the label to decide whether they want to accept the artist’s new demos, as well as a period that gives them room to release it. This could mean that the EP came out in January, the first single option claimed in March, the first single released in June, second single claimed in August and released in November, with exclusivity lasting for two months until after the final release. That’s almost a full year of exclusivity!

How long does copyright last?

In copyright law, the life of copyrights made after 1978 last until 70 years after the death of the last living co-creator. In other words, if you individually made a record and die now, the copyright will expire 70 years from now.

What is the purpose of a master license agreement?

The paperwork for record deals go by the name of recording or master license agreements, as their purpose is to facilitate a license ; you as the sound recording copyright (read: master recording) owner are assigning rights to the label, which entitles them to control, distribute, promote and exploit your recordings.

What is a re-recording restriction?

Larger labels will ask you for a re-recording restriction, which limits your ability to record, license or exploit the compositions (read: songs) embodied in the recording again. In other words, they want to prevent you from taking your song, recording it anew and licensing it to another label.

What do lawyers do when negotiating a record contract?

What most good lawyers try to do when negotiating a record contract on behalf of an artist is make sure that the contract’s terms give each side what they need.

What makes a record contract good?

What makes a record contract good are deal terms that enable each party to benefit from the deal.

What does ‘recording contract’ mean in today’s streaming-first music landscape?

In many respects, today’s record contract is much the same as yesterday’s record record contract even in this “streaming-first” music landscape.

What is a 360° Record contract?

As the name suggests, 360° contracts aim to cover all parts of artist income and label services.

How have record contracts changed?

Record contracts have generally always sought to acquire and hold copyrights. What has changed is the method of distribution.

What happens if you unduly benefit one side of a record contract more than the other?

Any contractual terms that unduly benefit one side of a record contract more than the other will cause bitterness and resentment in the future . Those feelings will end up poisoning the relationship between an artist and record company when they both really need to work with each other in order to succeed.

How can the audience of an artist be increased?

The audience available to an artist once they’ve reached a certain level of success can be increased even further through the power of a major label marketing team.

The Standard Recording Deal

The funny thing is, it's not so standard anymore. This is the aforementioned "recording deal" which was more common when getting into a studio wasn't so easy.

The 360 Deal

The 360 deal, aka the multi-rights deal, is a really common deal and is often one of the record deals a label (typically major but some indie) approach an artist with.

The Single Deal

Singles are becoming more common in music - especially as streaming and radio still remain two major forms of music consumption. Therefore, a variation of the standard recording deal, would be the singles deal. Where, you guessed it, the focus is placed on a single rather than a full album.

What is a standard record deal?

Major Label ‘Standard’ Record Deal. Formerly the most common type of deal, this is what most musicians think of when getting ‘signed by a major’. In this deal, the label would be part of the artist development, recording, pressing, distribution, and marketing. And in most cases, the label would pay the artist an advance.

What is the purpose of signing with a label?

The purpose of signing with a label is of course to record and sell music. Here’s what you can expect as a breakdown of percentages from music sales:

What is an Indie label contract?

Pro-Artist Contracts: Indie label contracts are known to be more artist-friendly, giving the artist more money for their work through either profit-sharing programs, or simply a larger percentage of revenue than given by the major labels.

What are the pros and cons of a label?

Cons: Limited Resources : No label means any money for things like recording, distribution, marketing, etc. all come from your pocket. Limited Network: One of the biggest benefits to a label is the access to their existing network which can open significant doors and create opportunities for you and your music.

What is 360 deal?

With a 360 deal, the label gets involved in all (or most) aspects of the artist development, including touring and brand development, in exchange for taking a % of all revenues generated across all channels, not just recorded music. The benefit here is that you have the label’s network and influence to help you generate further revenue opportunities. The downside is the label can dictate all aspects of your career and will take a cut of even more of the money you make.

Why is it important to be signed to a major label?

Being signed to a major label has its benefits, in that larger media outlets and bigger opportunities may be more likely to take interest in you.

What is a production deal?

Rather than signing to the label, with a Production Deal you would sign on to work with a specific producer who has an agreement to develop artists within a label. Think of this as an artist development deal.

Publishing Is Tricky

Mechanical royalties , licenses, and accounting are some of the things publishers do to help songwriters navigate the music industry. You certainly can learn the ropes yourself, but it can take a very long time to completely understand publishing. Meanwhile, you could be signing yourself up for some very shady deals.

Your Time Is Better Spent Elsewhere

You're a songwriter. But it is easy to get sidetracked if you have to manage your song-writing business and take care of administrative tasks. With a publishing deal, you can delegate the work of issuing licenses and collecting royalties, all of which is time-consuming work. It's cost-effective to outsource this administrative work.

Music Publishers Have Connections

Imagine that you've written what you believe will be the next Billboard Number One. For that song to be visible, it needs to find its way to an artist who can perform it in the way it needs to be performed. An established publishing company has the connections required to get your music into the hands of top performers.

Music Publishers Can Help You Grow Creatively

Some music publishers are very hands-off with their clients. They do the administrative work associated with the songs in their catalogs, but they don't get involved in the creative process or the songwriting.

Publishers Ensure You Get Paid

Royalties due to artists often go unpaid. One way to collect monies due is to conduct audits of license holders, such as record label audits. That may sound straightforward enough, but audits are expensive—prohibitively so in many cases.

What does it mean to get a recording deal?

A recording deal might seem to mean license to hire the swishest of professional studios for your debut album — but recording costs are recoupable from your own advance, so keep an eye on the price. Here's a list of some of the 'creative control' issues you'll need to address:

What should be covered by modern recording contracts?

New digital methods of music delivery, such as downloads and mobile phone ringtones, should be covered by modern recording contracts. * Purpose

Why do record labels invest so much money?

Record labels invest huge sums of money in breaking an act and claim that they need this level of control in order to improve the chances of making a profit or, as is more often the case, to cut their losses . Occasionally the artist gets one over on the label.

What companies sign artists?

Major labels will normally sign the artist to a worldwide deal. Companies such as Universal and Sony/BMG have offices in all the key markets, together with the vast distribution network capable of delivering their latest offerings to a supermarket near you. Split-territory deals are less likely with major record labels, but independents may be more willing to agree to such an arrangement.

What is a 50:50 deal?

A well-negotiated deal will ensure that the artist is entitled to a 50:50 share of any secondary income earned by the label. This could be in the form of advances paid by overseas labels licensing your record, income from compilations, or sync fees that are paid when a sound recording is used in a film or TV commercial or on a computer game.

How long can you record music on another label?

Any restriction you agree should apply for a maximum of five years following the end of the contract, and should only ever cover records actually released.

How long does copyright last on a recording?

An assignment is a transfer of ownership for the full life of copyright. In the case of sound recordings this will be 50 years from release.

What is a distribution deal for Create Music?

A distribution deal at Create Music Group would include some combination of digital collection, music distribution, data & analytics, release strategy, artist funding, content creation, and creative space.

What is a distribution deal?

So back in the day, a distribution deal was a situation where the distributor would pay for the manufacturing costs of an album beginning with the pressing process, all the way through to the printing of the labels. Distribution companies were essentially the bridge between record labels and retail outlets, which included record stores and big-box retailers such as K-Mart and Target. Record Label and distribution companies were distinct entities. The record label signs the artist and provides marketing, advertising, and recording services. The distribution company signed deals with retail stores to sell the albums. Some distributors bought albums from record labels outright, while others distributed albums on consignment. That was the relationship.

What is a new age music distribution deal?

A distribution subsidiary of a record label like Sony’s The Orchard might offer distribution services for an artist or entity. Inside these deals comes with the obvious distribution of your music to all of the relevant streaming platforms but additional services as well.

How did the record industry evolve?

As the record industry evolved with technology, the master shifted from physical to digital really altering the role of a distribution company. One of the first changes was shifting distribution efforts to iTunes as it was the number one digital retailer for the longest of time. As the music industry weathered the storm of illegal piracy and download, streaming soon came along to give the business what it needed and now distribution is accessible to literally anyone who has a little bit of money. For example, CD Baby offers digital distribution to all of the major platforms for $10 per song and $30 per album.

Is signing to a major label necessary?

The major label deal is becoming the source of scrutiny in 2019 as artists, managers and others in the business have more education and resources than ever before. A lot of people in the industry, understand the benefits of signing to a major label but others do not believe signing is necessary in this day in age.

Is it profitable to distribute music?

Simply distributing the music is not enough and distributors know this and because of there connections inside the music industry, signing a deal with a distribution company can be extremely lucrative without compromising your long-term independence.

Why do record companies seek deals?

Getting a piece of the other income streams like merch and touring is one way to do it. This is why record companies seek these types of deals.

What do lawyers do when negotiating a record contract?

What most good lawyers try to do when negotiating a record contract on behalf of an artist is make sure that the contract’s terms give each side what they need.

What does ‘recording contract’ mean in today’s streaming-first music landscape?

In many respects, today’s record contract is much the same as yesterday’s record record contract even in this “streaming-first” music landscape.

How have record contracts changed?

Record contracts have generally always sought to acquire and hold copyrights. What has changed is the method of distribution.

What makes a record contract good?

What makes a record contract good are terms that enable each party to benefit from the deal.

What is a 360° Record contract?

As the name suggests, 360° contracts aim to cover all parts of artist income and label services.

What is contractual terms?

Contractual terms that permit the record company to make too many deductions for packaging, foreign territory sales and free goods when calculating the artist’s royalties. There’s tons more to consider when avoiding a bad contract. But for the sake of this discussion, these three points are worth keeping in mind.

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