Many artists I work with have a tough time understanding the different copyrights in a song, and the revenue streams that flow from them. I don’t blame them. Our copyright system has developed in bits and pieces over decades, so there are layers of complexity at play here. In every recorded song there exists two main copyrights: one in the … Read More
Producer Royalties: How Should Your Producer Be Paid?
For some reason, the last week has seen me drafting or negotiating a ton of agreements between Artist and Producer, outlining what percentage of record sales the former will pay the latter. And yes, records do sell sometimes, so this can be important. If your record “goes Adele” and sells 25 million worldwide, you’ll rue the day you coughed an extra percentage point to your producer without reading this first.
For more on whether a producer should receive a percentage of record sales and/or songwriting points (or neither), read my previous blog post on the topic. Once it is determined that they will receive a % of record sales (which is normally the case), the next question is: what amount does that percentage apply to?
SoundExchange Royalties: How Much Should You Pay Your Producer?
In recent years, one of the questions that I’ve been asked most by my artist clients is: how much of my SoundExchange royalties should I give my producer? As we examined in my article here, it is industry standard for music producers to be paid a percentage of an artist’s record sales (known as “points”). Industry norm is between 2-5% … Read More
What is a Band Agreement and Do You Need One?
A Band Agreement is likely the most important agreement you can sign in a band. I say this based on my years as both an entertainment lawyer and a band member. It costs relatively little, and could save you thousands upon thousands of dollars (and a great deal of headache) years down the road. Yet most bands do not think … Read More
Are Tribute Acts Actually Legal?
Every time I open the newspaper and peruse the local gig listings in my city, I’m struck by something: tribute acts are in high demand! More often than not, there are more tribute acts on the calendar than original acts. And based on the ticket prices to some of these shows, tribute acts are big business. Indeed, in 2019, some … Read More
5 Things to Look for in a Record Deal
After years of hard work, you just landed your first record deal. Amazing. Now the record label sends over the contract and it’s thirty pages long. Yikes. Here are the main points to look for in a record deal and what to avoid. 1) How Long is the Term? This is a good starting point: how long will you be … Read More
5 Things to Look for in a Music Producer Agreement
So, you’ve found the perfect producer for your upcoming recording project. Great news. Now the producer sends over a 10-page contract full of legalese regarding record royalties, songwriting splits, SoundExchange revenues, producer advances and more. Before you enter the studio, here are some key points to look for and understand: 1) Who Owns the Masters? First and foremost, you should … Read More
100 Episodes of KD and Me!
Two years ago my friend Gary from my local rock station had a little idea to call me and chat on-air about what was happening in my world. Very casual. We had a load of fun so he called me the next week and we did the same thing. Then listeners started sending in questions and requests and next thing … Read More
Band Name Disputes: Who Can Use the Band Name When a Band Breaks Up?
Bands break up all the time. And band name disputes often follow. Sometimes one or more members want to continue using the band name, as was the case with Pink Floyd in the 1980s when both Roger Waters and David Gilmour were touring with two different bands under the name Pink Floyd. Similarly, Axl Rose famously duped his band-mates into … Read More
