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Prong Song
All lyrics and music contained in this web site are the sole property of Terry Prong and may not be used commercially with out written permission from the author.
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Recording Agreements: Part I
 HOW
WILL I BE PAID?Recording artists are paid on the basis of a royalty from record sales, and, at the beginning of each contract year, cash advances on account of future royalties.
ROYALTIESThese vary according to the strength of your bargaining position, but 10- 14% of retail selling price is about average for a new band. RSP is the selling price in the shops, minus VAT and a percentage packaging charge record companies require artists to contribute towards marketing costs. The end result is that, if a CD retails for £12, a band could earn between 70p and £1.00 per CD sold. The cost of recording and other advances you have received will be subtracted first from any royalties due. Some
more points to think about,
ADVANCESThese are a financial sign of good faith from the record company, and the money you will live on until your royalties arrive. They should always be non returnable (i.e. only recoupable from future record royalties). They may be paid at the beginning of each contract year, or half at the beginning of the year and half after delivery of your record commitment for that year. More
points to consider,
There is no such thing as a standard advance. However, if the contract is a long term one, an advance should be large enough to provide the members of the band with a reasonable living wage until initial costs have been met and royalty income is being received. It should also be commensurate with the exclusive right to your recording services that the record company will demand.
Only the cost of recording time and personal
advances should be offset against royalty income. You should try and get
references to nebulous "other costs" deleted from an agreement offered
to you, or at least make them subject to joint agreement. Also, try and avoid
cross collateralization of advances against non royalty income such as PPL money
(artists' share of "airplay" revenue). If a guaranteed annual advance is insufficient
for the members of the band to live on, then you should only commit yourself to
one album. There should be a time limit of one year within which this should be
recorded and released. These consents ought to apply only to record
sales and the right to give others permission to broadcast recordings. Vague
"audio visual rights" or "other uses" should be subject to
negotiation from time to time and not just signed away. Also, you should ensure
that any session musician you use signs the appropriate M.U. consent form to
avoid potential future problems. It should be made clear in the agreement that the record company will cover the reasonable cost of promotional activities, interviews, etc. Also, permission for photographs and biographical details should not be extended to "merchandising rights". These should be left quite separate from the recording agreement. Recording Agreements: Part 2 The Following Advice Should Apply to You as a Solo Artist or a Member of a Band:
 TOUR SUPPORTMost bands start off playing in small venues and sometimes the record company will help to subsidise a tour when fees received fall short of the high cost of putting a band on the road these days. This money is known as "tour support". Once you are playing larger venues it should no longer become necessary. Another, more odious, form of tour support is when your record company is approached by a promoter, asking them if they would like to "buy you on" to a tour with an established artist. More points to consider, Musicians in the Union are not alone in the music
industry in condemning the "buy on" and we feel that, over the years,
it has been tolerated rather than encouraged. It is time for some honest
discussion on the subject, as it means that, effectively, only bands with major
record deals can secure support slots with established artists. OTHER POINTS TO BEAR
IN MINDTry and secure some kind of control over budgets, choice of producers, choice of material and studios, etc. Try and ensure that your masters only need to be "technically" acceptable rather than "commercially acceptable in the opinion of the record company"; also, that there is a firm commitment from them to release within a certain time period. Do not use any non M.U. members on your recordings, and ensure that all musicians are either 1) signed to the label or 2) paid as session musicians, in which case they should have signed the appropriate consent forms. Beware of using someone else's copyright material in your recordings or your sleeve artwork without first obtaining their permission. Be aware that, in most cases, if the band splits you will still be signed individually to the record company. If anyone other than your record company records a performance of yours (e.g. a live gig), you will be in breach of contract if you knowingly allow it. If you "guest" on another artist's record make sure you get the permission of your record label first.
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