The following list (in no particular order) provides some common red flags to keep in mind.

1. Inconsistencies between what you are told and what’s in the contract

It may be on purpose, or not, but just because the A&R gal at the label told you one thing, doesn’t mean the record deal you’re asked to sign is completely consistent.

An obvious example is if you’re told you’re getting an advance of $5K, but the agreement doesn’t provide for an advance. Also, if the title of the agreement is “non-exclusive record label agreement”, in order to put you at ease… that doesn’t mean the agreement is actually non-exclusive.

2. Being asked to give more rights than are needed

The role of synch licensing, which is one element of music publishing, includes the role of placing music in films, TV series, and advertising. Getting placed can be very lucrative for whoever owns and controls (1) the master recordings (by providing a master use license for the sound recording) and (2) the publishing rights in the compositions (music and lyrics) (by providing a synchronization license for the composition).

+How To Get Songs Placed On TV And In Movies

Other music publisher roles include administering licenses and the collection of publishing royalties.

A record label doesn’t need publishing rights to distribute your music. As such, if you are being asked to provide publishing rights to the label, then you’re being asked to provide more rights than are needed to accomplish the label’s main function – distributing your music digitally and physically.

Unless you’re being appropriately compensated for the publishing rights, and the label is the right fit to be both your distributor and your publisher, then the requirement to grant publishing rights to your label is likely excessive.

If you read that the label wants publishing rights, ask what they intend to do with these rights and how you’re being compensated.

Also, is the label asking to own your masters? This isn’t needed to distribute your music if you give the label a sufficient license to distribute your masters. If the label owns your masters, they get a piece of the broad publishing-related revenue, specifically being fees paid for the master use license, which is typically 50% of the up front fees to place music (into a film, series, ad, game, etc.), with the other half being paid for the synchronization license to the publisher(s). Also, whoever owns the masters, controls the use of those masters, including for synch licensing opportunities.

+Why would I need a publishing administrator if I already work with ASCAP, BMI, or SESAC?

3. Lack of clarity

A key reason for an agreement is to clearly define the rights and obligations of each party signing the agreement, and get on the same page about the general way you and the company will work together. Without clarity there can be confusion. When there isn’t clarity about when the label’s rights start, there isn’t clarity about when the label’s rights end. When there isn’t clarity about what you need to deliver to the label, how can you prove you delivered everything you needed to deliver? Unclear terms should be clarified.

4. Future sales advances

Labels generally ask for the option to extend their rights. For example, a label that has the rights to distribute your first album, may require the option to distribute the second and third albums once those albums are produced.

The label may promise you an upfront cash advance (against future sales) if they decide to extend their rights – which is referred to as exercising their option(s), but are you automatically entitled to get an advance? The label may have written the agreement in such a way that based on prior sales, they can access those additional rights by paying you a lower advance than the number in the agreement, or no advance at all.

5. Uncapped expenses

The formula used to determine how much money you make from music sales from the label might be gross revenue less the label’s expenses multiplied by a percentage. However, without any limitation on the label’s expenses, you may never get paid anything.

+Budgeting for a New Album

6. Controlled compositions

If you’re both a writer and performer, a label will usually try to force you to receive fewer mechanical royalties as compared to the standard royalty rate.

For example, you may be required to accept 75% of the mechanical royalties for up to 10 songs, even if you need to deliver 13 songs. While this is not an uncommon (yet unreasonable) request, consider how much you’re paying in mechanical licenses to your co-writers and the people who wrote songs you covered. Are you paying more mechanical royalties than you’re receiving? That would be a very bad situation!

7. Not getting it in writing

What do you want the label to do? Spend some money on marketing and promotion? If they aren’t willing to put their verbal commitment in writing, maybe the label isn’t going to do what they verbally promised.

8. No provision to get details

The label is responsible to pay you. As such, they should also have an obligation to give you details about how they calculated your payment. Also, you should have the ability to make sure the numbers are accurate by having the right to take a look at the label’s records (referred to as an audit).

+Record Labels: Recording, Marketing, & Promotion

9. Lack of balanced rights

There are a variety of “general” agreement terms, from representations to indemnity, which are found in all types of agreements including record label agreements. Just because they’re commonplace, doesn’t mean the terms you’re reading were drafted reasonably. Many “standard” terms can be written favourably for one party or the other.

10. Lack of clear termination provisions

If there isn’t a clear way for you to get out of the contract, you will wish you had a way out, including if the label isn’t paying you what you are entitled to receive, but are still selling your music.

Also, if you’re told a label agreement is take it or leave it, and the label won’t answer your questions about the agreement, they may not be the most trusted partner.

On a brighter note, if you read a record label agreement before signing, get some assistance from fellow musicians and/or a music lawyer, and the label is willing to discuss and reasonably negotiate the agreement, it may be the start of a beautiful relationship…

Originally posted 6/26/17 on indie nation dot com, Re-blogged by Skaz One 7/13/17

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7 Ways to Extend the Life of Your Single

If you’re just starting out with under 1,000 followers, dropping a 15-track debut album probably isn’t the right tool to get you the big break you’re looking for. Rather, putting out a single that gets added to a big Spotify playlist or climbs the Hype Machine charts is what will earn you that early buzz.

Nowadays, most up-and-comers release four or five singles first, and then put them out together as an EP. After a few EPs, they’ll ideally have enough buzz to drop a proper album.

The first week of a single release will seem like your biggest rush, but a lot of artists think you just drop a single, scream from a megaphone about it for a week, and then hope people keep listening. Sadly, that’s a recipe for a drop, then flop.

Artists who know how to sustain momentum can actually see their single do bigger numbers in the following weeks if they have the right strategy. Here are seven surefire ways to extend the life of your single.

1. Put a long-term press strategy in place

The normal approach for a single release is to have your song premiered by the biggest and best blog that will cover you. They premiere the single, and then all of the other press follows.

One common mistake many musicians make is putting all of their eggs into one basket — whether it’s just one blog or just one week of e-mailing bloggers. Think long-term: before you drop your single, lock in a premiere roughly one month in advance. Then send “early listen” emails to other blogs you want to cover the track, and then on release day, hit every blog in your contact list.

But don’t stop there. Send follow-up emails. Keep scrolling through the web for other blogs you may not have considered. Yes, blogs like fresh content, but you have anywhere from three to four weeks to catch their attention. Your first week will be the rush, but it should not end there.

2. Spread out your social media posts

Say you drop a single on Monday, and by Tuesday you have five different posts from blogs. Don’t post all five links in one day! Get all of the coverage possible from your single, and spread out that content on your social media.

Post links to the articles on Facebook. Highlight some of the best features on Instagram. Tweet every article and @mention the writers and publications.

In addition to press, you can keep posting about your song on social media in new ways — but do it thoughtfully. Posting the same link to your song over and over and over is just going to get you ignored. Post different links or pictures with different a call-to-action each time, and spread them out between non-promotional posts.

3. Work the Hype Machine charts

If you’re not familiar with Hype Machine, it’s essentially a music blog aggregator designed to discover new music. In order to get your song featured on Hype Machine, you’ll need to be covered by a participating blog. Hype Machine lets you search by genre, so find the blogs that cover your style of music and pitch to them.

Once you get featured, promote your Hype Machine link to your fans and friends in order to climb the charts. If your song does well and breaks into the top 10, chances are that record labels will have their eyes on you.

4. Create content unique to your single

As I mentioned earlier, posting the same link, image, and call-to-action over and over is going to get old. There are plenty of ways to come up with content that breathes new life into how you share your single.

For example, you could create a series of images that highlight the lyrics. Release them over time to keep the single in your followers’ feeds, but in new ways. Or if you have footage of you and your band working on the single in the studio, polish it up and post it a few weeks after the single as a #TBT to the single’s writing and recording sessions.

5. Record an alternate version

This is a fairly common method to keep a single relevant, because it works. If you’re a loud rock band or an electronic act, arrange a short, stripped-down version of your single and record it.

If your song is already acoustic, come up with a new way to perform it. It could be an a cappella version with hand clapping and stomping. There’s always a way to reimagine a song in order to give it a thrilling touch-up. Your fans will appreciate it, and it will remind them to go back to the single.

6. Release a remix series

Smart artists plan remixes for their singles before the singles even drop. It’s a way to keep the song alive, build relationships with producers, and reach a new fanbase.

If you can lock in a remix with a producer with a bigger following than you, that is the golden ticket. But be sure you’re approaching producers who will add value to your single, rather than just remix it. If your song is slow acoustic folk and you pay a dubstep producer to remix your single, will that really attract the right kind of fans for you?

If you don’t have connections to a bunch of great producers or the budget to pay for top-notch remixes, try holding a remix competition. You can make the prize simple: free tickets to your next show, a CD or vinyl of your upcoming EP, a poster, a T-shirt, or a small sum of money. You could even team up with a blog that will help judge the best remix.

Whatever you choose to do, figure out ways to incentivize producers to remix your track to keep the life of it going, even long after you put out the single.

7. Create a smart advertising strategy

The days of relying solely on organic reach have been gone for a while now. It’s imperative to set aside at least a little bit of advertising budget along with a smart, targeted strategy to reach fans.

In the first week, you really want to blast the song, but also have ads that run longer, even up to a month or two after the single. Boost posts on Facebook, Instagram, and Twitter. Upload your track to YouTube, and pay for your song to be sponsored. If you don’t have a music video, that’s fine — just post the artwork with the audio or create a lyric video, and put a little money behind it.

Target listeners who like the style of music you play, and pay attention to where people are listening! It could be Australia or Germany or New York City. You’ll get the most bang for your buck if you use streaming analytics to ensure that you’re targeting people who are most likely to become your fans.

Sam Friedman is an electronic producer and singer-songwriter based in Brooklyn, creating music as Nerve Leak. Praised by major publications such as The FADER, his unique blend of experimental and pop music has earned him hundreds of thousands of streams across the web.

Blogged on Reverbnation on July 12th 2017

Re-blogged by Skaz One on July 13th, 2017