Berkeley CSUA MOTD:Entry 28310
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2024/12/24 [General] UID:1000 Activity:popular
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2003/5/3-4 [Recreation/Music] UID:28310 Activity:very high
5/2     Re: Apple Music service -- It's pretty cool! I couldn't find the
        first few things I was looking for, but I eventually found something
        I was interested in (Linton Kwesi Johnson's "Fite Dem Back").
        The price is reasonable, and the sound quality very good.
        \_ here's a challenge: name any industry that has lead as strong
           an attack on the rights of Americans as the RIAA/MPAA.
           fuck these assholes.  I'll buy music when i know my money
           actually goes to the musicians, not to pay for a legal war
           against the American consumer and in particular engineers.
           until then i'll just listen to my shitty magnetic tapes from the
           '80s.
           \_ why bother with tapes when you can download good quality
              music with software like kazaa?
        \_ Uhm ok and why would you do this when there's P2P?
           \_ You've obviously never used P2P.  After looking for a song, and
              choosing among the various bit-rates, etc., half the time I get
              a download that is damaged or sounds bad.  Besides that, I'm
              willing to pay a buck a song--if I buy the song, maybe more music
              I like will be made.  If I don't, there's no incentive.  -Not OP
              \_ There's no incentive anyway.  Music isn't made based on some
                 sort of feedback loop.  They make music and then push it via
                 radio and mtv until the kids brains turn to mush and there's
                 little else easily available.  Until they create the next fad.
                 \_ OH My God!  Pink is the new orange!
                    \_ No, that was last year.  This year black is the new
                       black.  Can't you keep up with simple trends?
        \- Does anyone know how much of that $.99 goes to apple, how much to
           the RIAA and how much to the musician? my guess would be 60, 35, 4.
           \_ Your guess would be paying musicians about 20 times what they
              are paid on CD sales.
              \_ that still doesn't make it any more palatable
              \_ 4 cens on the dollar is 20x what they are paid on cds? I
                 think not.  4 cents on the dollar is about what they are paid
                 on CDs based on my recollection of the heresay about the one
                 famous band that i've met personally and know friends of. There
                    how the RIAA etc would try ti quash that. --psb
                 is absolutely know way that artists (successful ones anyway)
                 make only .2 cents on the dollar.  Stop believing all the
                 communist hype you are spoon fed. (teachers are not underpaid
                        You'd work 50+ hours per week trying to teach _/
                        20+ kids things they don't want to learn and
                        deal with parents who aren't willing to take
                        responsibility for their children for less
                        than $45k per year (or $21k per year for
                        starting teachers)? Stop talking out of your
                        ass.
                        \_ I think $45k is probably a good average, but where
                        I work (K-12 district) starting is $40k, $48k after 2
                        years, and you top out at $70k if you have a master's.
                        Decent benefits, impossible to get fired, etc... high
                        compared to blue collar work, but low for a job that
                        requires a college degree. probably more than most
                        artists, journalists, musicians, writers, etc.
                           \_ It's not a real college degree.  I know someone
                              who got the $70k+ range and after her first 2
                              years just rehashed the same lesson plans and
                              did as little as humanly possible like the rest
                              of the slackers she worked with.
                        \_ 1) Teachers don't do 50+ hours.
                              \_ my sister used to be an elementary school
                                 teacher and easily put in 50+ hours and
                                 she wasn't putting in any more time than
                                 any of the other teachers at her school
                                 \_ Because she knows what the other teachers
                                    did at home, huh?  Riiiiight.
                           2) Most kids want to learn if the teacher doesn't
                              suck.  There's nothing wrong with kids today.
                           3) Parents have nothing to do with it.  I didn't
                              have a single friend in k-12 with parents that
                              did anything more than show at a parent teacher
                              meeting once a year, yet most of the kids did
                              all their homework, learned stuff, and got decent
                              grades they actually earned.
                           4) Yes, I know actual real teachers who are working
                              in California K-12 right now.  I'm more motivated
                              at work after giving notice than they are during
                              normal days.  I've got no sympathy for the poor
                              oppressed unionized teachers who are fucking up
                                       anecdotal evidence? Are you trying to
                                       look foolish?
                              the school system and the kids for their own
                              lazy asses.
                              \_ I know half a dozen teachers. They all work
                                 hard and all but one is very motivated.
                                 You are full of crap.
                                 \_ Wow your anecdotal evidence sure made
                                    mince meat outta me!  Ow!  I'll bet none of
                                    your highly motivated hard working teachers
                                    has been at it for more than about 3 years.
                                    When you have something to say worth the
                                    bits you can come back and say it and you
                                    won't be mocked.
                                    \_ Point 4 was anecdotal. You mock someone
                                       who uses anecdotal evidence against
                                       anecdotal evidence?
                                       \_ I made several statements only one
                                          of which was anecdotal.  The reply
                                          was 100% anecdotal.  Back to basic
                                          reading comp. for you.  Thanks.  I
                                          still haven't seen an answer to how
                                          many years these highly motivated
                                          friends have taught which is a key
                                          question.  Teachers spend a lot of
                                          time in the first few years making
                                          lesson plans and then just rehash
                                          the same shit from memory until they
                                          pension out 30 years later.  My
                                          k-12 science teachers could tell you
                                          all about the sun and the 7 planets.
                                          \_ I didn't (and don't) disagree
                                             with points 1-3. The teachers
                                             I know have varying levels of
                                             experience. The most senior ones
                                             have 7 and 10+ years experience.
                                             The one with 7 years experience
                                             is hard working and well liked
                                             by his students and also teaches
                                             the tennis team.
                 either).  Try getting/crunching some numbers on your own.
                 \- i wonder what would happen if bands started publicly
                    saying "if you steal out music, we'd appreciate it if you
                    sent a $1 to PO Box ...". it would be interesting to see
                    how the RIAA etc would try to quash that. --psb
                        \_ bands don't own their music, labels do that so
                                riaa wouldn't care (it's already been done too)
                                \- so what? i can say something on my
                                   WEEB site saying "anytime you buy a U2
                                   CD pls mail me a dollar". --psb
                \_ Last time I looked at public figures, the typical band was
                   paid 5 cents... A CD.  Madonna, Metallica, etc, are not
                   'typical' bands.  Of course, given the volume of sales they
                   have and their average return on an album, their behavior
                   seems nothing if not greedy.
                   \_ Yeah, bad greedy artists!  Trying to make money off
                      music...what avarice!  Money should only be made by
                      geeks locked in flourescent-lit windowless rooms,
                      drinking jolt, and kernel hacking on linux until 4am.
                      \_ who's trying to make money hacking linux?
                         \_ huh?  redhat?  ibm?  linus?  where've you been?
                   \_ http://www.music-law.com/contractbasics.html
                       Basically, after paying back the label for studio time
                       promotions, etc., the band makes $1 per full priced US
                       album (to 50 cents for others).  This is consistent
                       with what i have been told by my rock star acquaintences.
                       please stop talking out your ass, tnx.
                       \_ You have rock star friends?!  Kewl!  I met greenday
                          once!  We totally chilled out on the patio and drank
                          a beer and everything!  It was so kewl!  Man!  Those
                          were the days!  Hanging out with rock stars, learning
                          the details of the inner working of the music biz,
                          getting their social security numbers and mother's
                          maiden names... yeah... band camp.  Loved it!
                          \_ Except they have zero talent, and suck.
                             \_ Here's a case of someone so clueless and not
                                "getting it" they actually attacked the random
                                band I named (and never met) and skipped the
                                rest which was obviously not intended
                                literally.  Don't they teach you anything in
                                school anymore, like basic reading comp?  Isn't
                                that stuff still on the SAT?  How'd you get
                                into Cal?
                                  \_ I just think you are upset because
                                     you are embarassed about being associated
                                     with such garbage music.
                                     \_ *laugh*  okey dokey you got me.  Yes,
                                        green day used to come by my pad and
                                        we'd smoke a bowl and do homeless
                                        telegraph underage runaway chicks and
                                        swap needles.  That's much more likely
                                        than I just chose the only local band
                                        I know of that got famous.  Yup, yup,
                                        yup.  You're too smart for the motd.
                                        Or you're just upset because I mocked
                                        your silly comment about you having
                                        rock star friends who give you the
                                        inside industry scoop.  It's a tough
                                        call but I'm sure you chose wisely.
                       \_ I have also heard the $1 per CD figure. I think
                          Prince mentioned it in one of his rants about how
                          arists are ripped off. That's bad enough. There's
                          no need to make up insanely small figures. --dim
                          \_ I'm not making up insanely small figures.  Hello,
                             prince made the soundtrack for a Batman film.
                             He's a Maddona/Metallica/U2 class artist.  Those
                             guys get paid much better than, say, Weezer,
                             the Eels, etc. etc.
                             \_ prince?  You mean TAFKAP.
                \_ You have to sell a million CDs before you see a dime:
                   http://dir.salon.com/tech/feature/2000/06/14/love/index.html
                   All these blowhards don't know anything about the way
                   the music industry actually works. Courtney Love does.
                   Or read the USA Today take on it all:
           http://www.usatoday.com/life/music/news/2002-09-15-artists-rights_x.htm
                  \_ Stop bringing facts to the motd.  I'm going to have to
                     start bashing your sources since I can't disprove them.
                     "<insert newspaper/magazine name here> just sucks and is
                     totally biased and owned by the VRWC!"
                     \_ if you're making fun of people who get upset about the
                        whole moonie-washington times thing, maybe you should
                        look into who the moonies are more.  I've dealt with
                        cults in person(the scientologists) and seen what
                        they do to peoples lives directly.  the source
                        does matter, if only in that it is important not to
                        support Evil.
                        \_ I appreciate the sentiment, but the moonies don't
                           own the washtimes for the money, it's an investment
                           to help them build ties with Washington.
                           \_ If they were just in it for the money, I might
                              be able to believe what they have to say. As you
                              point out, they are in it for political reasons.
                        \_ so you've dealt with the scientologists and that
                           makes the moonies bad?  oooookaaaaaay.  So what
                           makes christians, jews, muslims, hindus, or anyone
                           else not bad?  they're the same as the moonies and
                           other so-called cults.  the *only* difference is
                           the major religions of today are much older and thus
                           had more time to be successful spreading their weird
                           shit.  you're ok with successful cults, yet want to
                           destroy the newer ones?  whatever....
        \_ Courtney Love's article is a ripoff of of the classic:
                http://www.ram.org/ramblings/philosophy/fmp/albini.html
2024/12/24 [General] UID:1000 Activity:popular
12/24   

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2009/8/4-13 [Recreation/Travel] UID:53237 Activity:low
8/3     A week into my trip to Oregon and having a fairly good time, but
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www.music-law.com/contractbasics.html
This stems from the fact that there are hundreds of different record companies. From the so-called "major labels" (EMI, Sony, Warner, PolyGram, BMG or one of their related corporations) to "mini-majors" (A&M, Island and Virgin, in the days of their independence, were the most obvious examples) to the "independents", the contract depends largely on the type of record company offering it. When you first see your contract, if you are like most bands, you immediately sit down and read it. However, you soon realize that it is written in a manner which defies grammatical english. Sentences run on for 14 lines, with little if any punctuation. There are terms and words which you have never encountered. Finally, the sentences constantly make reference to each other ("pursuant to 13(ii)"). The first place is with someone familiar with record contracts. This is usually an entertainment attorney, though not all of the time. Often, a band will be aware of and have already negotiated the "deal points" prior to retaining independent counsel on their behalf. Deal points are the basics of the contract: the advance, number of albums and royalty rate. In all record contracts, you will be signing an exclusive agreement. This means that you will not be able to record for anyone else other than the record company during the "term" of your contract. Contrary to popular belief, record companies do not sign you and guarantee you seven albums. It may be a seven album deal, but nothing obligates the label to record seven albums. The seven albums means that the record label has the option to record seven albums. Typically, a record company will record one album and see how it does. If it sells well, they will exercise their option to record a second album. If the first album does not do well, the label usually drops you. Record companies require long term option contracts because if the band does do well, the label wants to make sure that the band stays with their company. Since they invested so much and signed the band in the first place, they want to be able to share the success of the band over a long period of time. For example, REM recently finished out the last of their options with their record company. REM's new contract guarantees a $10 million advance per album in the future. Finally, the "territory" of most contracts is world-wide meaning that the record company has exclusive rights to your services as a band throughout the world. I find that almost all bands initially form to make music, as opposed to make money. Think back to when you began, it was for the love of music and not money that was the motivating factor. However, when it comes to a record contract, it is about money. Creativity and integrity play a part, but it is a financial relationship. In many contracts, the financial terms will run over 15 pages. The rule in record contracts is what the record company gives you with one hand, it takes away with the other. On a major label, this will run between 10 and 15 percent and typically 9 to 12 percent on a smaller label. You will get your full royalty rate for each full price CD or tape you sell through normal retail channels. Normal retail channels are usually record stores like Tower Records or Sam Goody. Record companies will pay you a fraction of your royalty rate for sales not through normal retail channels. In fact, most of your CD's will not be sold through normal retail channels. Although you may have a 12% royalty rate, you will only get a 6% royalty rate on record club sales. Record companies try to make the royalty rate paid to artists as attractive as possible. However, in addition to the reduced royalty rate on CD's sold outside normal retail channels, there are also many reductions in your royalty rate. I said that the financial terms are often 15 pages or more. Well, your royalty rate is on the first page and the remaining pages are all the reductions. It is impossible to determine how much a band will get for selling a CD without a calculator. When I represent a band negotiating a record contract, I sit down with them and show them the calculations to determine how much (or little) they will receive for each CD and tape sold. There are entire chapters in books written about all the various deductions. First, you get no royalties on records given away free for promotional purposes. A large deduction is the so-called "packaging" deduction. The theory behind this deduction is that the band pays for the packaging of the CD and tape. Typically, these deductions range from 15 to 30 percent of your royalty rate. In effect, a 12% royalty rate and a 25% packaging deduction lowers your rate to 9%. In addition, your royalty rate is often an "all-in" royalty rate which means that you must pay the producer out of your royalties. Typically, a producer will take 3 points (3%) which lowers your royalty rate even further. Your royalty rate is meaningless unless it is viewed in the context of all the deductions. Did I say the band was going to actually receive royalties? The other major concept involved in record contracts is the term "recoupment". They pay for all the studio time, give the band an advance, promote the band, etc. All of this money is a loan to the band which the band must pay back. The band pays back the record label out of their royalties. For example, if a major label spends $250,000 to record an album, the band must make over $250,000 in royalties until they receive their first royalty check. Once a band sells enough records to pay back the amount to the record label, the band has recouped and will receive royalties on future record sales. Approximately 80% of albums never reach this point which means that most bands NEVER receive any royalty checks. The one redeeming feature is if the band does not sell enough CD's to recoup, they don't have to pay the record company back. There are other places a band can make money when they have a record out other than royalties. There is also money from live personal performances (concerts). This is money that the band gets to keep-most of the time that is. Some record company contracts, particularly small independent labels who cannot afford to lose as much money as the major labels, allow the label to recoup money from other sources, such as publishing. Although this should be called robbery, the practice actually has a name and is called "cross-collateralization". Of course, you don't need to sell as many albums to become recouped on an independent label, but this can come as quite a shock. In the past, record labels would sign a band and write a check to the band as a signing bonus and then pay and record an album. Some bands abused this and went over-budget on recording, much to the record company's dissatisfaction. The contract states that you have one lump sum to record your album, and if you are under-budget, anything left over is your advance. If you want to stay at the Ritz and waste time in the studio, that means less money for you for your advance. This has proved a marvelous incentive for bands to be efficient in the studio. Once again, this depends on the label and the circumstances of your signing. Generally speaking, the larger the label, the more of an advance you should expect. In addition, the more interest in the band, the higher the price becomes. If you take a huge advance and your album does not live up to expectations, a label may be quicker to drop you and cut its losses. On the other hand, most bands who sign record contracts never reach recoupment so the advance may be the only money they ever get from the label so why not take as much as possible? There is no right or wrong answer to the size of the advance and I try to get a sense from my clients as to their feelings. Some have a "show me the money" attitude and others think about longevity within the industry. Needless to say, there is a lot more in there than I have had a chance to get into. However, I hope this column has given you a better sense of how record contracts operate. Don't think that you have finally "made it" simply because you get offered a record contract. There are many attendant drawbacks...
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dir.salon.com/tech/feature/2000/06/14/love/index.html
Piracy is the act of stealing an artist's work without any intention of paying for it. I want to start with a story about rock bands and record companies, and do some recording-contract math: This story is about a bidding-war band that gets a huge deal with a 20 percent royalty rate and a million-dollar advance. They pay $100,000 to their manager for 20 percent commission. They pay $25,000 each to their lawyer and business manager. That leaves $350,000 for the four band members to split. That's $45,000 to live on for a year until the record gets released. The two videos cost a million dollars to make and 50 percent of the video production costs are recouped out of the band's royalties. The band gets $200,000 in tour support, which is 100 percent recoupable. The record company spends $300,000 on independent radio promotion. You have to pay independent promotion to get your song on the radio; All of those independent promotion costs are charged to the band. Since the original million-dollar advance is also recoupable, the band owes $2 million to the record company. If all of the million records are sold at full price with no discounts or record clubs, the band earns $2 million in royalties, since their 20 percent royalty works out to $2 a record. It costs $500,000 to manufacture the CDs and they advanced the band $1 million. Plus there were $1 million in video costs, $300,000 in radio promotion and $200,000 in tour support. The company also paid $750,000 in music publishing royalties. That's mostly retail advertising, but marketing also pays for those huge posters of Marilyn Manson in Times Square and the street scouts who drive around in vans handing out black Korn T-shirts and backwards baseball caps. Not to mention trips to Scores and cash for tips for all and sundry.
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www.usatoday.com/life/music/news/2002-09-15-artists-rights_x.htm
Either way, the artists' rights movement has set the stage for combat that could revolutionize the music industry. Key concerns from the broad range of byzantine conflicts: * Caps on contract lengths. Most major-label agreements require a commitment of six to eight albums, an obligation that can entail an indefinite term of indentured servitude. Kevin Murray, a Democrat, wrote a bill to repeal an amendment that exempts recording artists from a state law limiting contracts to seven years. After RAC and the RIAA failed to reach a compromise, the bill was pulled Aug. Murray plans to resubmit it next year as part of a larger package also addressing accounting practices, pension plans and health benefits. Greg Hessinger, director of the American Federation of Television and Radio Artists (AFTRA), a union representing 80,000 actors, musicians and other entertainment workers, says this recoupment method "is so replete with ambiguity, complexity and subjectivity that the only true long-term solution is a complete overhaul. The album sells 250,000 copies, earning $710,000 for the label. The band, after repaying expenses ranging from recording fees and video budgets to catering, wardrobe and tour bus costs, is left $14,000 in the hole on royalties. A California Senate hearing on accounting practices is set for Sept. Soul legend Sam Moore and other artists are suing record companies and the AFTRA Health and Retirement Funds (a separate entity from the union) for pension benefits. Atlantic, which has sold Moore's music since 1967, never deposited a nickel into his pension because of convoluted formulas tied to royalties. Not surprisingly, labels are balking at paying roughly 20,000 artists up to 30 years of back pension and health benefits. The union, negotiating with labels since May, hopes to secure increased access to health insurance and improvements in pension participation when talks resume in October. Among 200 artists who signed a letter supporting the union's proposal are Steve Earle, John Hiatt, Johnny Cash, Marilyn Horne, Carole King, Billy Bob Thornton and Coolio. Orrin Hatch, R-Utah, once stated that the record business is the only industry in which the bank still owns the house after the mortgage is paid. Artists are demanding copyright reform and a reasonable means of reacquiring their master recordings. Labels sidestep payola laws by hiring independent promoters to lobby and compensate radio stations for playing certain records. Opponents say this quasi-legal system stifles creativity and limits diversity. The drumbeat of war has been building in recent years as artists wrestle for self-empowerment and vow to amend a system that let soul greats Otis Blackwell, Jackie Wilson and Mary Wells die destitute. Before she died, Peggy Lee was part of a class-action settlement that won unpaid royalties. Prince fled the corporate structure and pitched camp on the Internet, where he sells directly to fans. Point: 'Corporations don't have feelings' "The record companies are like cartels, like countries, for God's sake," singer/songwriter Tom Waits says. I'm on a good label (Epitaph) now that's not part of the plantation system. But all the old records I did for Island have been swallowed up and spit out in whatever form they choose. These corporations don't have feelings, and they don't see themselves as the stewards of the work. Most people are so anxious to record, they'll sign anything. We're getting help from managers, lawyers and politicians to get the fair treatment we deserve. Though reform efforts in the '50s led by the likes of Frank Sinatra and Stan Kenton fell short, Henley says music's empowered boomer generation, the fuel for the industry's expansion in the '60s and '70s, is better informed and more willing to speak out. The predicament the record industry finds itself in is of its own making. The newly formed California Music Coalition, comprising independent labels, manufacturers and merchandisers, opposes Murray's bill, fearing it will place California at an economic disadvantage and reduce investment in fresh talent. Miles Copeland, chairman of Ark 21 Records, predicts that passage could significantly harm "the entire music business because of the very visible complaining by a few successful recording artists. The RIAA also found that only one of 244 contracts signed from 1994-96 was negotiated without the artist's legal counsel and that virtually all contracts renegotiated after a hit album added terms favoring the artist. In negotiations with the artists' coalition over the seven-year rule, RIAA offered concessions to limit damages a record company would be entitled to for undelivered albums if an artist leaves a label after seven years. Rosen says the guidelines would greatly clarify California's vague statute. We want to resolve our disagreements and move on to other critical matters, especially piracy. As for label fears of financial ruin, Henley fires back, "When the record companies make $5 for every $1 the artist makes, I don't see where they get off making those remarks. The truth is, this system would not be suffered in any other business. You have record companies bought and sold on the strength of copyrights created by artists who sign away all rights in perpetuity to a faceless corporation. Since the business started, record companies have been getting away with murder. Almost none of the musicians I know have health insurance. Accountants may be good at numbers, but they have terrible taste in music.
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www.ram.org/ramblings/philosophy/fmp/albini.html
The problem with music by Steve Albini This is an article from Maximum Rock n' Roll #133 written by Steve Albini, and it details the problems encountered when dealing with a major label. Whenever I talk to a band who are about to sign with a major label, I always end up thinking of them in a particular context. I imagine a trench, about four feet wide and five feet deep, maybe sixty yards long, filled with runny, decaying shit. I imagine these people, some of them good friends, some of them barely acquaintances, at one end of this trench. I also imagine a faceless industry lackey at the other end holding a fountain pen and a contract waiting to be signed. It's too far away, and besides, the shit stench is making everybody's eyes water. The lackey shouts to everybody that the first one to swim the trench gets to sign the contract. Everybody dives in the trench and they struggle furiously to get to the other end. Two people arrive simultaneously and begin wrestling furiously, clawing each other and dunking each other under the shit. Eventually, one of them capitulates, and there's only one contestant left. He reaches for the pen, but the Lackey says "Actually, I think you need a little more development. A & R Scouts Every major label involved in the hunt for new bands now has on staff a high-profile point man, an "A & R" rep who can present a comfortable face to any prospective band. These guys are universally young about the same age as the bands being wooed , and nowadays they always have some obvious underground rock credibility flag they can wave. Lyle Preslar, former guitarist for Minor Threat, is one of them. Terry Tolkin, former NY independent booking agent and assistant manager at Touch and Go is one of them. Mike Gitter, former editor of XXX fanzine and contributor to Rip, Kerrang and other lowbrow rags is one of them. Many of the annoying turds who used to staff college radio stations are in their ranks as well. There are several reasons A & R scouts are always young. The A & R person is the first person to make contact with the band, and as such is the first person to promise them the moon. Who better to promise them the moon than an idealistic young turk who expects to be calling the shots in a few years, and who has had no previous experience with a big record company. When he tells them no one will interfere in their creative process, he probably even believes it. When he sits down with the band for the first time, over a plate of angel hair pasta, he can tell them with all sincerity that when they sign with company X, they're really signing with him and he's on their side. By now all rock bands are wise enough to be suspicious of music industry scum. What they do is present the band with a letter of intent, or "deal memo," which loosely states some terms, and affirms that the band will sign with the label once a contract has been agreed on. The spookiest thing about this harmless sounding little memo, is that it is, for all legal purposes, a binding document. That is, once the band signs it, they are under obligation to conclude a deal with the label. If the label presents them with a contract that the band don't want to sign, all the label has to do is wait. There are a hundred other bands willing to sign the exact same contract, so the label is in a position of strength. These letters never have any terms of expiration, so the band remain bound by the deal memo until a contract is signed, no matter how long that takes. The band cannot sign to another laborer even put out its own material unless they are released from their agreement, which never happens. Make no mistake about it: once a band has signed a letter of intent, they will either eventually sign a contract that suits the label or they will be destroyed. One of my favorite bands was held hostage for the better part of two years by a slick young "He's not like a label guy at all," A & R rep, on the basis of such a deal memo. He had failed to come through on any of his promises something he did with similar effect to another well-known band , and so the band wanted out. Another label expressed interest, but when the A & R man was asked to release the band, he said he would need money or points, or possibly both, before he would consider it. The new label was afraid the price would be too dear, and they said no thanks. On the cusp of making their signature album, an excellent band, humiliated, broke up from the stress and the many months of inactivity. They're pretty ordinary, but they're also pretty good, so they've attracted some attention. They're signed to a moderate-sized "independent" label owned by a distribution company, and they have another two albums owed to the label. They'd like to get signed by a major label so they can have some security you know, get some good equipment, tour in a proper tour bus -- nothing fancy, just a little reward for all the hard work. He knows some of the label guys, and he can shop their next project to all the right people. He takes his cut, sure, but it's only 15%, and if he can get them signed then it's money well spent. Anyways, it doesn't cost them anything if it doesn't work. They meet the guy, and y'know what -- he's not what they expected from a label guy. He tells them he wants to go to bat for them, to try to get them everything they want. They conclude the evening by taking home a copy of a deal memo they wrote out and signed on the spot. The A & R guy was full of great ideas, even talked about using a name producer. Butch Vig is out of the question-he wants 100 g's and three points, but they can get Don Fleming for $30,000 plus three points. Even that's a little steep, so maybe they'll go with that guy who used to be in David Letterman's band. Or they can have just anybody record it (like Warton Tiers, maybe-- cost you 5 or 7 grand and have Andy Wallace remix it for 4 grand a track plus 2 points. They break the news to their current label, and the label manager says he wants them to succeed, so they have his blessing. He will need to be compensated, of course, for the remaining albums left on their contract, but he'll work it out with the label himself. Sub Pop made millions from selling off Nirvana, and Twin Tone hasn't done bad either: 50 grand for the Babes and 60 grand for the Poster Children-- without having to sell a single additional record. The new label doesn't mind, so long as it's recoupable out of royalties. Well, they get the final contract, and it's not quite what they expected. They figure it's better to be safe than sorry and they turn it over to a lawyer--one who says he's experienced in entertainment law and he hammers out a few bugs. They're still not sure about it, but the lawyer says he's seen a lot of contracts, and theirs is pretty good. They'll be great royalty: 13% less a 1O% packaging deduction . Wasn't it Buffalo Tom that were only getting 12% less 10? They're signed for four years, with options on each year, for a total of over a million dollars! Just think about it, a quarter million, just for being in a rock band! Their manager thinks it's a great deal, especially the large advance. Besides, he knows a publishing company that will take the band on if they get signed, and even give them an advance of 20 grand, so they'll be making that money too. The manager says publishing is pretty mysterious, and nobody really knows where all the money comes from, but the lawyer can look that contract over too. Their booking agent is excited about the band signing to a major. He says they can maybe average $1,000 or $2,000 a night from now on. That's enough to justify a five week tour, and with tour support, they can use a proper crew, buy some good equipment and even get a tour bus! Buses are pretty expensive, but if you figure in the price of a hotel room for everybody In the band and crew, they're actually about the same cost. The agent says a band on a major label can get a merchandising company to pay them an advance on T-shirt sales! The lawyer Should look over the merchandising contract, just to be safe. They decided to go with the producer who used to be in Letterman's band. He had these te...