27 Mar
Published by jean-marc,
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General
artists, contracts, music industry

Bram Stoker, the man who wrote Dracula, was a clever and educated man (he graduated with honors in...mathematics) and the contract he dealt with the publishers of what was originally called "The Un-Dead" and later became Dracula when first published in 1897 was a tough one for the publishers and got Bram a very good royalties deal.

At the times, authors would received about 10 to 15 cents top from the sales of a book, while dear ol' Bram got 20% (altho he wouldn't get anything from the 1000 books sold). We all know what happen after that: Dracula became a hit (and Bram lost the rights on his book for the USA, the reasons for that are still unknown...)

This is the perfect moment to once again state that artists shouldn't sign anything just because a label manager in a record company, or a manager, or a publisher, or a record producer, tell them they are the best thing since sliced bread. If your work excites someone enough to the point of handling you a contract, chances are your work could excite some other people as well and you'll have the choice to sign up something better by making them altering the contract the way you want them.

Of course, we're a...

23 Mar
Published by jean-marc,
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General
artists, contracts, copyrights, music business

The US Congress passed a Copyright law, back in 1978, stating that after 35 years, songwriters will be able to reclaim publishing rights from record labels and publishers if they introduced termination notices at least two years before the recoup date. This means that, on january 1st 2013, many artists will have back the publishing rights on songs they wrote, or co-wrote. And we're talking artists as important as Bob Dylan, Bruce Springsteen, Tom Waits and Pink Floyd (for recordings done in 1978) but the list will go on and on as years go by.

That sounds good, no ? But not so fast: some major labels, EMI USA at the forefront, are arguing that the artists were by contract their employees and therefore all works performed as employee belongs to the company (corporate authorship). Which means that EMI USA, along with other labels and publishing companies who did have artists as employees, are fighting to retain copyrights on songs written by the artists who were signed with them...Without getting into the nitty-gritty of things, one-sided unbalanced contracts are already the norm for most contracts, the artists being all too eager to quickly sign a deal, so 35 years seem...