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Does this sound like a genuine offer?
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View this Thread in Original format
| G-Con |
Hello All,
I'm in the process of trying to get my latest track signed and have had a reply from a small label which I find suspect.
He basically says he loves the track, feels it will be suitable for their label and can I send him a link for the full WAV version for a release in October.
He doesn't mention contracts, money or anything else. Surely the normal practice would be to get the details sorted and contracts signed first and THEN for me to send the WAV file.
What do you think?
Cheers
Greg |
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| Eldritch |
| Which label is it? |
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| kitphillips |
If you want to see a contract first then say so, any reasonable label owner would furnish you with one, he might have just forgotten or he might not have had time to draw one up. He might also be testing you out to see how much he can get. So ask him what the timeframe would be to get a contract and whether he has one drawn up.
Realistically, whats the worst that can happen? If you send the track and he releases it without ever getting real permission, then he's in breach of copyright, this should not affect your chances with another label, and if it did affect sales of the track, you may be able to get another label to help you sue him.
Thats my understanding anyway, hope it helps a little. |
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| Derivative |
Yes. You should at some point receive a deal memo or some sort of draft contract in which you find the terms agreeable. Don't hand anything over until you have read and signed a contract. Signing a deal memo obligates you legally to sign a contract so be prepared if one comes your way and be aware that once that is signed, you won't be able to get out of that legal obligation.
And for the love of god if a contract comes your way, read it before you sign it and be open to the idea that you don't have to sign it if you feel the terms obligate you legally to do stuff that you feel you can't or won't be able to do.
If you can afford one the best thing to do is to get your solicitor to go over the terms of the contract with you or request your solicitor to write them a business letter re: contracts and the necessary legal steps in this regard.
Worst comes to the worst, even if they distribute said track without your permission and make money off it (whilst you don't), your copyright is valid and you can prove its your track because you have the project files and the label doesn't. But you don't really want to get into any sort of litigation. I work in a civil litigation department and trust me on this one - nobody ever really wins except my employers.
Be skeptical. Don't be in any rush to sign. Ask questions about the nature of the record company - its name, its registered place of business and its website. Is the track going to be licensed? What are the terms of the proposed contract? *Never* verbally agree to anything and definitely don't sign any sort of agreement until you have had legal advice in this matter.
If this label is legit then if you don't sign there will doubtless be many others that will. Most record contracts will have terms that are overwhelmingly in favour of the record company but thats basically the norm.
I'll mention this anonymously to my employer tommorow (I'm off sick today) and ask whether it would be appropriate to send a business letter in reply to force some more information out of the guy. In the meantime, hang tight for a couple of days, ask for the opinions of folks on this forum that did sign an agreement and did NOT get screwed and the procedure they went through.
Other than that you should at least feel chuffed that someone likes your work enough to (at the very worst) try to scam you for it. |
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| sterilis |
| yea you receive the contract then once thats signed you will be asked for the wav version and a remix pack. |
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| zodiac9 |
| quote: | Originally posted by G-Con
Hello All,
I'm in the process of trying to get my latest track signed and have had a reply from a small label which I find suspect.
He basically says he loves the track, feels it will be suitable for their label and can I send him a link for the full WAV version for a release in October.
He doesn't mention contracts, money or anything else. Surely the normal practice would be to get the details sorted and contracts signed first and THEN for me to send the WAV file.
What do you think?
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There should at least be some mention of a contract. The first track I signed, I sent it to the A&R and he uploaded it to the label. This was before I even received a contract. It was made clear though, that I would be getting a contract soon, and I did of course. The A&R is a friend of mine, so I felt OK sending the tracks without a contract first. If I didn't know much about a label, there's no way I would have done that.
This label you're corresponding with seems very unprofessional. I would just avoid it altogether. I'm sure you can find another one with a little better business tact. It's best to get a referral from friends when choosing a label, if possible. |
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| xcalator |
I can understand that the label want to have the wav file before...
It's not really hurt me... Anyway... always protect your stuff at your performing rights society (important for publishing...) |
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| kopi_luwak |
Is not the big deal, I dont have even a contract for Far and Away!
Kopi =o. |
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| DigiNut |
| quote: | Originally posted by Derivative
Yes. You should at some point receive a deal memo or some sort of draft contract in which you find the terms agreeable. Don't hand anything over until you have read and signed a contract. Signing a deal memo obligates you legally to sign a contract so be prepared if one comes your way and be aware that once that is signed, you won't be able to get out of that legal obligation. |
Just wanted to add - signing the memo doesn't legally obligate you to sign anything they put in front of you, you still have to agree on the terms. It's usually a "good faith negotiation" obligation.
...unless the memo explicitly states that you have to sign the upcoming contract letter for letter, in which case, I would not sign the memo, better to ask for the contract up front. |
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| hadi burpee |
| not that it sounds suspicious or anything but doesnt the label need promotion time and stuff. sending a track and having it released a month later is kind of soon i would say. yea but ask for a contract, which labe is it too. |
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