by Francesca | Dec 20, 2023 | Legal
The legal aspects of this industry aren’t always so straightforward. That’s why we place the utmost importance on providing as much information as we can to help you navigate through it with ease. There are many different types of contracts artists and labels will encounter throughout their careers, so let’s break it down a bit. In this post, you’ll learn about 6 major types of record label contracts you should definitely know about. Let’s dive in…
6 Types Of Record Label Contracts
Exclusive Recording Contract
The exclusivity of this contract applies to both the Artist (as a recording and performing musician) and to the songs written by the Artist during the term of the agreement. An additional number of songs written prior to the term are also assigned in the agreement. The exclusivity in respect to the Artist applies for the length of the agreement and in respect to the songs for the life of copyright (unless otherwise agreed).
- This one is a useful agreement for a label looking to engage an artist exclusively for a number of years, both as a performer and in relation to his/her songs.
Music Distribution Contract
With this agreement, the owner of master recordings grants an exclusive right to distribute ‘records’ embodied in any format (compact discs, phonograph records, audio cassette tapes, digital audio tapes, DVD, etc) for a certain period of time (the Term) and in certain countries (The Territory).
Non-Exclusive Recording Contract
A Non-Exclusive Recording Contract is an agreement under which copyright on certain recordings is assigned (from Artist to Label), but the Artist is not engaged exclusively by the Label as a recording and performing musician.
Therefore, the Artist is able to free to assign copyrights not covered in this agreement to other labels.
- This type of contract is a flexible contract for a label looking to license particular recordings but do not wish to tie up an artist exclusively for a number of years or for a number of releases.
- It can be used as a trial agreement before moving on to an exclusive recording type of arrangement.
360 Deal Recording Contract
A 360 Deal Recording Contract is an agreement which sets out the conditions in which a music company engages an artist with respect to his/her/their services as a recording artist, songwriter, composer/arranger of music and actor/actress (for film, TV and Theatre).
It also grants the music company merchandise, sponsorship and endorsements rights for the use of the artist’s names, likenesses, and related Intellectual Property. In addition, it’s important to note that 360-type deals have come around as the recording labels response to three major trends in the music industry in recent years:
- The steady decline of revenue from record sales
- The increase in prices of tickets to live events and fan expenditure on merchandise and
- The strengthening of the capabilities of the collecting societies and publishers getting better at their roles which translates in income from public performance and synchronisation becoming more and more significant.
Music Composition and Recording Service Contract
A Music Composition and Recording Service Contract is an agreement under which an artist is engaged by a company to compose, arrange, record and produce a piece of music to be used in the company’s own production (TV, Film, Video Game, etc).
With this, the artist receives a full and final fee as remuneration for the services provided and all copyrights are transferred to the company and moral rights waived. However, the artist remains entitled to his/her writer’s share of public performance royalties received directly from his/her performance right society (PRS, BMI, ASCAP, GEMMA, etc).
- Company gets granted a license to use the artist’s name, likeness, voice and biographical data in relation to the company’s production and artist promises that the music delivered to the company does not infringe any third parties’ copyright.
- This contract is useful for companies looking to commission both recordings and compositions from an artist for use in TV, films, etc.
Recording and Publishing Agreement On Certain Recordings
A Recording and Publishing Agreement On Certain Recordings is a type of agreement under which an Artist assigns both recording and publishing rights to a label in exchange for an advance, royalties and a commitment from the label to fund and release the recordings and procure synchronization and/or performance license for the compositions.
- Recording rights are assigned for the length of copyright (50 years after release) and Publishing rights for a rights period of fifteen (15) years.
- The label will have six (6) months from delivery of the songs to procure a release of the recordings and performance and/or synchronization usages for the Compositions.
- This type of agreement is especially useful for labels looking to acquire both recording and publishing rights from artist for particular songs using one agreement.
by Francesca | Dec 13, 2023 | Legal, Music Industry
As the years go by, creators have more and more freedom over how they want to distribute their music and with whom. Whether you’ve signed a record label deal, you’ve hired a publisher or you work with an independent distributor like Symphonic, it’s important to understand what you’re entitled to as an artist. Look no further, we’re here to break it down. Here’s what you need to know…
Is My Record Label Also My Publisher?
Let’s Talk Record Labels…
A record label is the entity responsible for releasing your master recordings to the public on retailers, streaming services, radio, etc.. Major parts of a record label’s work involve promotion, marketing your music, landing sync placements and more. In addition, major labels often pay out advances to cover the recording costs for the album or single in addition to paying to produce physical releases like CDs or LPs.
(Contrary to popular belief, an advance is NOT free money. — Learn the truth about advances here.)
Think of it like this: A record label is to master recordings what a publisher is to musical compositions.
It’s actually not uncommon for some record labels, especially the majors, to launch publishing divisions in order to exercise more control over the music they release. By acquiring administration rights for the musical compositions (as well as whole or partial ownership), they are able to exploit compositions for licensing opportunities, register songs, collect all publishing-related royalties, etc.
(For example, think Warner Chappell Music; the publishing division of Warner Music Group, or Universal Music Publishing Group; the division of Universal Music Group.)
Publishers
While a record label is only responsible for the recordings songs that they control, a publisher is responsible for the underlying music composition itself, which includes covers by other artists that may have been released to physical or streaming formats.
Music publishers handle the administration of musical compositions. They collect royalties and licensing fees, seek out sync deals for TV and film, register copyrights, negotiate licenses, and more. Similarly to labels, publishers can also involve advances within their publishing deals. Typical publishing deals can include administration only deals, full publishing deals, or co-publishing deals.
Publishing Royalties
The two most common music publishing royalty types, central to any independent songwriter’s income, are performance royalties and mechanical royalties.
So, is my record label my publisher or not?
Short answer is, maybe.
Your record label is not always your Publisher, unless the record label:
- establishes itself as the publisher of your songs in your label contract,
- registers your songs in royalty collection societies, and
- collects the publishing royalties and distributes them to you.
If your record label claims to be the publisher but you have never received any publishing royalties (performance, mechanical, etc.) from your label or from your chosen PRO, then it’s time to confront your record label about this issue and get some clarity.
In Conclusion…
We hope this post has made the relationship between record labels and publishing a little easier to digest. With each service, you get different benefits as an artist. Depending on what you need, one path may be more beneficial than the other. — Regardless of what you choose, you are rightfully owed royalties for your published work. It’s important you understand what you’re owed and how to get it. Otherwise, you may be missing out on hard earned royalties and opportunities. Don’t just sit back and let corporate entities take control of your life. Get involved, do your research, and work with a team that has your back.
Good luck!
by Francesca | Dec 13, 2023 | Music Industry
Self publishing your music comes with a lot of benefits. You don’t have to share your copyrights with anyone, you aren’t bound to any publishing deals and you get ultimate control over where your work is used and how. Keep in mind, self publishing isn’t for everyone. You need to be able to commit significant time and effort to doing everything a publisher would usually do and more. But if this is something that you’re ready to take on, here’s how to do it right.
How To Self Publish Your Music
Let’s Talk Basics…
Self publishing your songs means you take on the role of both the artist and the publisher. Being a self-published writer ultimately means that you hold all the rights to your Intellectual Property (IP), which means you would be in full control of how your compositions are used and would receive all royalties associated with your share of your compositions.
This is awesome, but these perks come with a little extra work. If you’re still interested, here’s what you’ll need to do to self publish your songs…
Step 1: Make Sure Your Music Hasn’t Been Published Yet
If you’ve worked with a distributor before, you may have opted in for publishing services without even realizing it. For example, our publishing administration services are very popular with our own clients. Before you do anything, definitely make sure this doesn’t apply to you.
Step 2: Register with a PRO
In order for you to receive the royalties you’re rightfully owed, your songs need to be properly registered with a Performing Rights Organization like ASCAP, SESAC or BMI. PRO’s rely on the information you provide to determine who they need to pay and how much.
Start setting up your company by going to either www.ascap.com or www.bmi.com to obtain/fill out an application.
- If you are a songwriter and have not yet affiliated, make sure to only do so with only one of these, not all of them.
- To ensure you do everything right, check out this post to make sure you don’t miss anything.
Step 3: Sign Up with the MLC
The Mechanical Licensing Collective maintains the world’s most thorough database of music composition copyrights and their owners. They collect mechanical royalties from digital music streaming services and transmit those royalties to copyright holders based on the ownership claims.
Signing up with them ensures that you get all the royalties that are rightfully owed to you. You’ll need to “Connect to Collect” and become a Member of the MLC in order to collect the digital audio mechanical royalties owed to you.
Step 4: Time to Promote
Once you’ve completed those steps, you can finally start getting your publisher’s share on top of the writer’s share. Now is the time where the duties of a publisher fall onto you.
Typically, your publisher would be the one networking, seeking out sync deals for TV and film, registering copyrights, negotiating licenses, and more. When you self publish, it’s all on you.
In Conclusion…
Self-publishing typically just entails registering with a PRO to be able to manage and publish your own compositions, but it doesn’t have to end there. If you want to go even further, become a publisher and start your own publishing company! Doing so lets you do everything yourself and also gives you the ability to relay your services onto other artists who need it.
You got this.
by Francesca | Nov 30, 2023 | Music Marketing
As intimidating as it seems, consistently releasing new music (every month or even every week, if you believe that works for you) has many undeniable benefits. Aside from making your fans happy to hear more from you, this practice does a lot of good for artists at any level. In this post, we’ll give you 6 reasons to release new music consistently. Here’s the rundown…
How Releasing Music Consistently Can Improve Your Career
Increased Engagement
Consistency is good for engagement on any platform, no matter what you’re into. Want to get better at production? Practice every day. Want to improve your vocals? Sing every day. The same theory applies to putting out music. The more you do it, the most traction it’s going to get. And let’s face it… your fans want as much from you as they can get. When you release new music, on any platform, the amount of people who will interact with it will grow right along with you. Not to mention, from the fan point of view, there’s something exciting about being able to expect something new from your favorite artist every week.
Go Viral on TikTok
TikTok also thrives on consistency. The more you post, the better your chances of it being caught up in the wave of a random trend. Every time you release music, use it to make little TikTok babies. Whether you use it to follow existing trends or to try and create new ones, the more you post the better.
Not sure how to figure out what’s trending right now? No problem. We did a whole post right here that gives you 6 of the best ways to find the hottest trends right now. And if you’re new to TikTok, here are some helpful resources to help you thrive…
Grow Your Catalog
Releasing music more frequently helps you grow your catalog significantly faster than if you waited every 6 months. This can be advantageous for streaming platforms, as the more songs you have increases your chances of being discovered through playlists and algorithms.
If you already have an extensive back catalog, did you know there are things you can do with it to keep the momentum going behind the scenes while you work on new things? Check out, “How To Maximize your Back Catalog While Working on New Releases” to learn how.
Build Momentum
Releasing songs consistently is a great way to build momentum for something bigger down the line. If you plan on going on tour or releasing a full album later in the year, you can hype up the day to come on socials with every release more often. Get everyone on board and offer incentives for streaming your tracks. If they like what they hear, they’ll share your work with their friends and grow your audience one release at a time. When whatever big day finally arrives, you’ll have a whole team of people ready to experience the fun and share it on socials.
Better Chances for Sync
If you want to get featured in movies, TV, commercials and more, it doesn’t hurt to give sync reps a lot to choose from. Although having a lot to choose from does technically help your chances, what kind of music you have out also plays a part.
Jon Mizrachi, the Senior Director of Sync Licensing for our in-house sync licensing division, Bodega Sync, explains:
“If you really want your music to stand out, it’s important to understand that songs are used in sync to support a narrative, not to tell one. If there’s a sad montage where someone dies, you’re not going to hear a song with lyrics about someone literally dying… Even in advertising, which is typically far more literal, music will be used to add depth to whatever you see in the footage or hear in the voiceover. You know what’s not a great song for Toyota? A song about Toyotas.”
So, if you really want to focus on optimizing your music for sync, try to create universal songs that aren’t too specific. If the goal is to connect with the listener, you have to craft your songs to be as relatable as possible. In addition, once one of your songs gets featured, the chances of your other songs getting chosen for other sync opportunities goes up, too. The more music you have, the higher chance of something being perfect for that new TV show hitting the market.
Practice Makes Perfect
Putting out music more often gives you the chance to really experiment with your personal sound. You can try new things and see how your audience reacts and if it doesn’t quite hit, no big deal! Try something new the next time, and keep it moving.
At the end of the day, I realize putting out music consistently is no easy task. Depending on your music, it may even be impossible. If you specialize in full blown musical arrangements for every track or don’t have frequent access to a studio, finishing a full song on a monthly or even weekly schedule is insane to even fathom. At the end of the day, it is up to you and this is an idea to try out where it makes sense. Challenge yourself to at least try, and see how it works for you.
Good luck!
by Francesca | Nov 30, 2023 | Spotlights and Clients
What do you get a musician who has everything? A Spotify Premium subscription won’t cut it, they already have that… Headphones? They definitely have that… Not to worry, we’ve come up with some options that are sure to impress this holiday season. Here’s the rundown…
15 Unique Gifts for Musicians
Orba Handheld Multi-Instrument
The Orba Handheld Multi-Instrument is a handheld synth, looper, and MIDI controller that lets you loop Drum, Bass, Chord, and Lead parts to create songs on the go, no matter where you are. Whether you want to use the built-in speaker or hook it up to your favorite headphones, anyone can create on the go with this badass, mini music maker. // Available on Amazon right here. 🎁
Pocket DJ Mixer
Got a DJ in your life who wishes they could bring the party wherever they go? No problem. With this Pocket DJ Mixer, they can turn their phone into a powerful, portable, party-making machine anytime, anywhere. // Available on uncommongoods.com 🎁
Vertical Vinyl Record Player (with Bluetooth)
For those who collect records with cool artwork, I know you wish you could showcase those amazing designs a little more often. With this vertical record player, your favorite records are on full display. Not to mention this is way cooler than your traditional record player. And how does it sound? “Amazing, because a precision Audio Technica needle delivers the warm bass and rich ranges that made you love vinyl in the first place.” states the product description. When you want to stream music instead of spin it, you can also utilize its modern Bluetooth feature with ease. // Buy it right here. 🎁
Lightbulbs That Change With Music
Sure, they probably already have their home decorated to the nines with cool music decor… but do they have lightbulbs that change color with the beat of the music? This one is pretty common, but if they don’t already have these you’ll blow their minds with these lights. // Available on Amazon here. 🎁
Otamatone
An Otamatone is a synthesizer that’s shaped like an eighth note (it also somewhat resembles a tadpole, or a ladle (otamajakushi being Japanese for tadpole and ladle), with sound emerging from the “mouth”. All you have to do is squeeze the head and control the pitch by the stem piece. (Higher up on the stem equals lower sound, and vice versa.) It may not help the musician in your life create any amazing songs to top charts with, but it sure is fun to play with. // Buy it on Amazon right here. 🎁
Customized Spinning Record Shot Tray
This is an up cycled shot glass holder that spins… Need I say more? You can even personalize the label with your own record title, subtitle, and five songs of your choice. For any musicians in your life turning 21 (or just your fun rocker uncle who likes to drink), this is a fun gift that never gets old. // Available on uncommongoods.com 🎁
Turntable Cheese Board
Pay homage to vinyl with this turntable-inspired cheese board featuring a slate platter and hidden slicer. This gift bound to make every jaw drop at the holiday party. If you don’t buy it, I definitely will… // Available on uncommon goods.com 🎁
Masterclass Subscription
Masterclass is an amazing subscription for any creative in your life. From artists to musicians and everyone in-between, Masterclass offers classes from the best teachers in the world. A-list celebrities, some of the greatest musicians of all time, and artists from all over the world come together to teach personalized classes on a wide variety of topics.
On it, you can learn about producing and beat making from Timbaland. Deadmau5 teaches electronic music production. Ringo Starr teaches drumming and creative collaboration. You can even dive into the soul of guitar with Carlos Santana. And that’s just a few of the people they have to offer… // Check it out on Masterclass.com. (Thank me later.) 🎁
Eargasm High Fidelity Earplugs
If you’re stubborn like me, you’ve been in denial about the damage loud music has been doing to your ears for years. Now, there’s really no excuse with earplugs like these. They filter out the damaging sound waves and leave you still able to hear, not only the music, but even conversations with your neighbor, just fine. // Get them on Amazon here. 🎁
Shower Speaker
Most of us already have a bluetooth speaker that we love and cherish. Musicians baby our speakers like a newborn, so we’re probably not taking it into the shower with us. (No matter how bad we want to…) No problem! This speaker is made for those shower singalongs. Not only is it waterproof, but it has a suction cup on the back for easy suction to the wall of your shower. // Available on Amazon right here. 🎁
Guitar Pick Hole Punch
Give a guitar player a pick, and they’ll play for a day. Give them a guitar pick hole punch, and well… you get it. Give the gift of infinite guitar picks made from whatever their heart desires with this Guitar Pick Hole Punch. // Available on Amazon here. 🎁
“This Is Your Brain on Music: The Science of a Human Obsession”
This one’s a no brainer… Give the gift of knowledge with this masterful work of art written by Daniel J. Levitin. “This Is Your Brain On Music” is a groundbreaking union of art and science. Rocker-turned-neuroscientist, Daniel J. Levitin, explores the connection between music—its performance, its composition, how we listen to it, why we enjoy it—and the human brain. // Available on Amazon.com… 🎁
Vinyl Record Coasters
Protect your table from rings and your drinks from slipping with these trendy vinyl coasters. These are the perfect gift for any music lover in need not some simple yet practical home decor. // Available on Amazon.com…. 🎁
DIY Synth Kit
Perfect for the DIY DJ in your life, this kit lets you construct three different mini-synths, adding awesome dimension to electronic music! // Available on uncommongoods.com 🎁
Teenage Engineering Pocket Operator (PO-33 K.O!)
This baby is #1 on my wish list this year. It’s a powerful micro sampler, synthesizer & sequencer, all packed into a small and ultra-portable design. With studio quality sound, play chromatic melodies and drum sounds, sequence it all and add effects on top to create something truly original. // Buy it on their website here. 🎁
