What to do ????

[Casey H]

Quote:Quote:don't know if I should update or reply to my own thread...here goes quick summary..the deals on the table want no $$ up front. Willing to produce an album of 12-15 songs. Market, glad hand, even website.They will provide material, to which she can contribute etc...She does not yet have her own material...What they want is piece of an advance or reimbursement in the form of a percentage of any of her sales if there is a cd/albumdeal, We are free from expense if there is no dealsIt seems they want to a tie in as a producer to her album, almost like she is their ticket to a big name label if the label likes her and them.Or if the label likes her not them, they get a piece of her first record(s).They want excluisivity for at least 18 months ( which I think is too long)Lastly they want complete ownership of masters, which I don't quite get, other than it seems to me that if she does well with a song, the owner of the master could re-mix it, sell it to a movie or to karaokee whatever...regardless of her wishes and the record people pay the producer not her for the rights.....Which I have some issues with if she is the reason the song takes off even if she did not write or auther music or lyrics.I think it gets back to the entertainment attorney thing. I'll say upfront that I'm not familiar with the ins and outs of artist deals. I just do film/television instrumentals and that's a different world.In the most basic sense what you DON'T want is someone who says that they'll do whatever they say they're going to do but you have to pay for "demos" or "development" or whatever. From your description it sounds like what I would generally expect. They make the investment and then hope for a return. Exclusivity is part of that. No one would sink a bunch of money into an artist where anyone else could also get a piece of the pie. The time frame doesn't seem unreasonable because it takes a lot of time to make this all happen. In my corner of the world, two to five years isn't unusual or cause for alarm. I don't know about the masters specifically but I don't believe that many, if any, artists own the masters to their albums. Still, these things that you mention are all part of an "agreement", something that an entertainment attorney is well versed in, what's normal, what's not. It's not just the legalise but also the familiarity with the industry in general and how things are done in the legitimate world. Kind of like a tour guide in a foreign city. I think that equally as important as not getting "taken" is to make sure that you don't pass up a good opportunity. The latter could be WAY more expensive and heartbreaking than the former. Promise that you'll contact an entertainment attorney ASAP to help guide you through this so as to avoid either of those last two scenerios. Good luck and congratulations if indeed this pans out in one way or another. Thank you... that'll be 75% of the gross. DaveI'm a whore... I'll take only 65%...

[hookstownbrown]

So they want to own a big chunk of your daughter's future just for recording her voice... Well, maybe. It depends on the actual wording of the contract.Do they have a track record? Distribution? Probably not. A lot of these deals are intended just to get ownership of an artist's potential earnings. The wording of the contract is omnipotent here. Contract language changes with the wind these days. Hot-shot attorneys find new ways of hiding bad deals within seemingly harmless clauses. Hungry attorneys make more money when they excel at creatiing new ways of making money for record companies.For example:They could use your daughter's voice as a "work for hire" and promote their own material with no compensation to you.They could put you in 'provisional' debt for exorbitant sums just by doing a 12 song cd and promoting it. That is, they wouldn't own your house, but they could have a first lien on any future income she derived from her voice or her songwriting for that matter.The fact that they want a percentage of any advance to you certainly means they are not a major player. They could shop her around with a substandard product -- Out of your control -- and actually wear out her name, doing harm to her as an artist -- This does indeed happen on occasion.Most importantly...The major labels...Major labels don't like complications. When they have interest in an artist, one of their big concerns is... "How easy will it be to sign her? Does she have previously signed contracts that we have to deal with -- buy out and/or negotiate? How much will it cost our company to buy back her rights? The rights her dad had unknowingly signed away.Read that last sentence again.It's a great feeling, having all these offers come in after trying just once and taking a shot in the dark. It should be a shot in the arm for you in regards to your daughter's potential. But take my advice and take a shot in the light. Keep on pushing. Keep on looking for the deal that has Major Player written on it. It will take determination, and a never-give-up-attitude. It will take discipline in not giving in to the hype of "No-Name Music Group, Inc." If you're ever curious about an offer from a company, ask them about and research their qualifications. Their successes! They should willingly brag about their success stories.I hope this helps.Best wishes...

[nomiyah]

Hi Dad,There are so many issues here, my biggest suggestion would be to hit the library. Spend a month learning the basics of the industry. That goes for both of you. If she is old enough to start a music career, she needs to be educated about it. A teenager with talent and looks and drive is always in demand so be careful in the beginning to find honest people. Don't forget the music... is the producer doing music that fits your daughter, her style, sound and image? Is it high-quality production that will make her sound great? If so, a production deal can be a great thing for everyone and from what you've said so far it could well be an honest deal. Asking here is cool, good idea, and feel free to email me anytime, but quick go read some books. Hope we get a chance to hear her. She's lucky to have support from you!!!Nomi

[adad]

Steve A’ Gilbert , Wow thanks for the feedback. Its much more than I expected. I need to re read again…An attorney has been called to meet with us. ***Assessments of smaller players seems accurate, because we thought we could make a mistake or two and not blow any real opportunity and get some good advice..***Dave also valid points seems that Hurowitz agrees with you (lol) that it makes great sense to make a balance of it all… thanks***Hookstown mentions Work for hire, and I have seen the phrase so I am cautious.looks like you hold a little less faith with some of these folks. I need some appropriate doubts and cautions. I agree We need to be dubious of motives....****The notion of my gut as advisor has a certain appeal, one of these guys has already made revisions based on simple questions, and he’s now in a big hurry to make a decision….It’s my belief that too fast may be reckless, I’m not comfortable with that pace…Future earnings, perpetual debt, Yuck! I hope the lawyer can guide us for less …(LOL).Overall there seems to be a feeling with the one as described by Hookstowns advice that she may be the way for him to get his music out rather than a true benefit for her…Seems like a lot of mutual exploitation. But no defined Quid pro Quo, which I can deal with if its open and above the board…I don’t want to ignore any of your replies, this is great feedback and already a lot to digest…..P.S.I can give her my space if you want, but I’m more interested in advice than promotion. Let me know.I will keep you posted

[davewalton]

Quote:An attorney has been called to meet with us. Not to beat this too badly but make sure it's an entertainment attorney, someone who specializes in that industry. No matter how brilliant, any other attorney won't really do. Quote:I can give her my space if you want, but I’m more interested in advice than promotion. Let me know.There's a section in the forum called "Shameless Self Promotion" and it's not called that for nothing! Many of us here make good use of that. Plus, it's always fun to listen to all the various type of music, styles, levels, etc. Post away! A while back there was a "mom" who came to this forum with pretty much the exact same situation as you... talented daughter and new to all this. Her head was swimming with all the things she felt she needed to know and catch up with. Plus, she was dealing with new home recording equipment - and overwhelmed by it all. The "mom" (her name was Lee) posted often and I always looked forward to reading those posts. It was like a really good TV show, all kinds of twists and turns and we all had a lot of fun along the way in addition to collectively learning new things.Your situation reminds me a lot of their situation at the time. The whole thing, even the littlest opportunities can make one's head swim and this is a good a place as any to get feeback from people with varying degrees of experience in these matters. Dave

[nomiyah]

Quote:Overall there seems to be a feeling with the one as described by Hookstowns advice that she may be the way for him to get his music out rather than a true benefit for her…Seems like a lot of mutual exploitation. But no defined Quid pro Quo, which I can deal with if its open and above the board…I know Hooks will stop being my friend for disagreeing because he hates that...Of course be careful when it comes to signing contracts. But it's not a bad thing if a producer/songwriter can benefit from working with her. According to you she doesn't write her own songs and I assume she isn't a producer either. She needs to have some great sounding songs to promote herself. It can be a situation of mutual benefit.Most high quality songwriter producers will ask you to pay them but a development deal can be a good thing. I have one with an artist I produced and we've had lots of Taxi forwards and been in an indie film.Dave was talking about the mom. I don't think she'd mind me posting her site myspace/jessicamellott.

[hookstownbrown]

Hehheh! Nomi, you are so wrong! I love a good disagreement! And you make a very valid point. I was just offering possible scenarios that can come out of a contract. Of course, it's all in the language. The main idea I was trying to get across is:1. Investigate the company in person.2. Have a music attorney read the contract.I would never pay anyone for a development deal, though.

[sgs4u]

I thought your take on the guy & his daughter's predicament was incredibly informative, Hook. There's a lot more in you than lousy Canadian Beer. Happy 4th.

[adad]

OK great feedback, thank you all very much... Which forum should i use to keep folks updated and asking for additonal information ?

[sgs4u]

We're all reading this. Why post it somewhere else where we might have to search? You've got a lot of people's attention right here, and we're cheering for ya!