Contract help

Discussion in 'Band Management [BG]' started by Pills Are Yummy, Jan 15, 2013.


  1. Pills Are Yummy

    Pills Are Yummy

    Joined:
    Dec 6, 2012
    Location:
    Santa Rosa, California
    Hey TB, again calling on you for help (I seriously don't know what I'd do without you guys)

    I need help with a contract. I know nothing about the music industry, intellectual rights, copyright law, or the ASCAP. Is it ok if I attach a copy of the contract? It's for Galaxy records, and I'm reading it, and everything about it rubs me the wrong way. Seems like one of those deals where they control you. Please help, I really want to do this and follow my dream but I don't want to be a slave

    Help!!:help:

    AC
     
  2. jmattbassplaya

    jmattbassplaya

    Joined:
    Jan 13, 2008
    Location:
    Just south of Atlanta!
    Post if you want to, but I'd be sure to mark out any personal information of everyone involved.
     
  3. Pills Are Yummy

    Pills Are Yummy

    Joined:
    Dec 6, 2012
    Location:
    Santa Rosa, California
    Anyone knownhowmi can get this on tb besides copy/paste? It's in my email :scowl:
     
  4. jmattbassplaya

    jmattbassplaya

    Joined:
    Jan 13, 2008
    Location:
    Just south of Atlanta!
    You could download the email and the attach it like an attachment when you 'go advanced'.
     
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  6. Woofer

    Woofer

    Joined:
    Sep 24, 2008
    Location:
    OBX
    I'm sure there's lots of folks here that can help you (I'm not one of em, wish I could) but I might suggest that it might be worth spending the coin for a couple of hours of an attourney's time to make sure you're really not getting screwed. A small investment now could yield a lot later.
     
  7. two fingers

    two fingers Loud Mouth Know It All Blowhard

    Joined:
    Feb 7, 2005
    Just copy and paste the email into Word (or whatever document software you like). Then you can attach it to a post by clicking "go advanced" and then clicking on the little paper clip icon. But, as stated earlier, you can get in hot water by posting others' personal info on a public forum, so be sure to either change or delete the names of those people.

    All this being said, your BEST bet would be to have an attorney look it over. YOUR attorney. Oddly enough, info you get from strangers on the internet might not be accurate or in your best interest.
     
  8. Pills Are Yummy

    Pills Are Yummy

    Joined:
    Dec 6, 2012
    Location:
    Santa Rosa, California
    The contract has no names on it yet

    The Vice President told me I have two days to respond to the offer and give him a contract

    I'm using an iPad :/
     
  9. ibateur

    ibateur

    Joined:
    Dec 30, 2011
    Location:
    Hilversum, Netherlands
    I don't know what kind of contract you were looking for but I imagine that record company contracts are actually what you describe. "We tell you what to play, when to play, and how to play it. Unless you're sick."

    Get a real lawyer to help you out. TB will only give you 30000 opinions. Considering that you have two days, you don't want to waste a second.

    Good luck.
     
  10. Pills Are Yummy

    Pills Are Yummy

    Joined:
    Dec 6, 2012
    Location:
    Santa Rosa, California
    Those are pretty much the terms. They even have control over what musicians are in session. Basically the **** when and where we tell you to philosophy. I can't afford the time it takes for a lawyer, and I'll be devastated to spend all the money to hear him say "don't do it"
     
  11. jmverdugo

    jmverdugo

    Joined:
    Oct 11, 2012
    You can't spend the time with a lawyer so you are going to spend your 2 days limit waiting an answer here? Well that make sense... If you are real about this pay the lawyer or just sign for a small period of time... By the way it must be nice to have a contract offer with just 2 years playing bass!
     
  12. Pills Are Yummy

    Pills Are Yummy

    Joined:
    Dec 6, 2012
    Location:
    Santa Rosa, California
    Do I need to get a lawyer to shorten the length of the contract?
     
  13. jmattbassplaya

    jmattbassplaya

    Joined:
    Jan 13, 2008
    Location:
    Just south of Atlanta!
    You need a lawyer to look over the terms to make sure they're in your best interests. You don't want to sign a contract thinking it will give you financial security throughout the duration of the contract only to later find out that the label owes you nothing and that you're essentially working pro bono while simultaneously having no say in any of the matters pertaining to the business or musical aspects of your band. A lawyer will understand the jargon better than you or most of us ever could, and he or she could even make revisions of the contract that will play in your best interests (as the contract the label is giving you is likely 100% in their favor and 0% percent in yours right now). It's their job to make sure your best interests are protected and respected given the nature of the contract.
     
  14. Munjibunga

    Munjibunga Total Hyper-Elite Member Gold Supporting Member

    Joined:
    May 6, 2000
    Location:
    Groom Lake, NV
    Disclosures:
    Independent Contractor to Bass San Diego
    You would be an extremely silly person to not have an attorney experienced in entertainment law review that contract before you sign it. Maybe you could PM TB member Music Attorney to get some direction. Signing an onerous contract can screw you for a long time. Maybe forever. I'd sure look for a bilateral termination clause.
     
  15. Marko5657

    Marko5657 Supporting Member

    Joined:
    Mar 9, 2009
    Location:
    N.E. Ohio
    Good Lord this is an easy one. The contract most-definitely sucks (for you), and it would be a mistake to sign it in its present form. Really, what else would anyone expect from a record company’s initial contract?

    Screw their “two days” BS; tell them you’re sorry, but you’ll need to have an attorney look it over, and you’ll get back to them as soon as possible.
     
  16. ibateur

    ibateur

    Joined:
    Dec 30, 2011
    Location:
    Hilversum, Netherlands
    and if they say "then no deal" to Marko's suggestion, then you could count yourself lucky and move on. Considering that you've gotten one contract, chances are that you will get another later. Just make sure you have a lawyer look through it. Wages, termination, working hours, creative input, etc have to be acceptable to you.
     
  17. Febs

    Febs Supporting Member

    Joined:
    May 7, 2007
    Location:
    Philadelphia, PA
    That is exactly the type of red flag that indicates that you need a lawyer. Why the urgency?

    Munji's suggestion to PM Music Attorney is a good one. I am fairly certain that he is licensed in California, plus this is his area of specialty, so it is likely that he can advise you properly or at a minimum refer to you someone who can.
     
  18. Music Attorney

    Music Attorney

    Joined:
    Feb 22, 2004
    To paraphrase "Field Of Dreams": Post it and he will come.

    MA

    PS - I don't know if you've been sitting on this contract for a while or if there are other extenuating circumstances, but if the contract being offered is anything approaching a real record contract, then there is no legitimate label that would expect you to sign it in two days.
     
  19. azureblue

    azureblue

    Joined:
    Jan 29, 2008
    Location:
    Winston Salem, NC
    Sorry, but move on. I have gotten this "Sign before x or forget it" BS from some sharks. Your reply should be, "We want to review the contract with our attorney. We will get back to you after we have reviewed his advice." Do not be rushed. If they want you, they will be happy to wait and negotiate with you.
     
  20. JohnMCA72

    JohnMCA72

    Joined:
    Feb 4, 2009
    You can change (or ask to change) anything you want to. There's no guarantee that the other side will agree to it, but that's what's called "negotiation".

    What you need a competent attorney for is to help you make sure that you're not making the situation worse than it already is.

    Too many red flags, IMO. The biggest & reddest of all is that you're worried about being "devastated" to have a competent attorney prevent you from getting screwed royally!
     
  21. Music Attorney

    Music Attorney

    Joined:
    Feb 22, 2004
    Wow. That made my brain freeze from an overload of thoughts and response. I really hope that wasn't meant in a serious manner. That said, I will say this:

    I've been lucky enough over the years to have some very, very successful clients on the talent side. Often times, those clients decide they want to go out and sign talent (e.g., a record producer client looking for the next Katy Perry) and I send out some very one-sided agreements that cover a wide range of rights and sometimes they come back signed without comment. It never ceases to amaze me when a songwriter or producer or artist will sign whatever is put in front of them (notwithstanding the considerable temptation some of my clients provide).

    There are times when I wish I had the ability to create a wall of denial like that.

    Maybe it's the pills...

    Depending on your talent, your attitude could make a lot of people a lot of money. Unfortunately, I think it's unlikely any of those people are going to be you.

    MA
     

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