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Originally Posted by gideongallery
but if i hit, meet the terms of my 5 year deal, should i not have a right to monetize my generated fame. I paid the record company back out of my share, and they got to keep 90% to compensate them for all the other failures.
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Yes, I have said all along if the band meets the terms of the contract and decides to leave they should be allowed to go on and do whatever they want.
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the record companies are really not taking any risk, they are leveraging their monopoly to squeeze profits out of the system.
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Both sides are risking something, but the label is risking actual cash, the band is risking a potential success.
If you are in a band and the label signs you and they put millions into getting your record recorded and distributed and promoting you that is real risk. That is millions out of their pocket and if you fail they spent that money on nothing.
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If the band succeeds they take 90% off the top, and get paid back in full from the artist 10%
if the band fails they still take 90% which blunts their cost.
the record company gets to basically keep 100% of the revenue until the artist pay back all production cost plus their advance.
so break even point is really quite low.
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yes they do take the cost out of your commissions until they are paid back and you can argue if that is fair or not. Again, nobody is forcing your to sign with them, you are free to do whatever you like. But if your band fails and fails big the label could lose millions so they are taking a risk any time they sign a band that they are putting a lot of money into.
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well no the agreement is to tell the old stuff thru the retail channels. anything else would represent an anti-trust level monopoly action.
If you licienced your stuff to a dvd for sale, and then licienced it to the web. The dvd guys saying we have a right to sell, you are now creating competition for us on the web.
You should have a right to do that.
but that the point, it can never be a growing trend if the record companies are allowed blindly and deliberately lie, claiming that the sharing is not authorized by anyone in the creation cycle. When the artist themselves say they don't care/want it to be shared.
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Forget DVD sales. My argument was that the agreement, as you say, was to sell CDs through retail channels. If you are on my label and record 5 albums for me then at the end of the contract you leave, that is fine. I still get to sell your old albums in stores. But if you go out and tell everyone to just download your old albums online instead of buying them, that is hurting my ability to sell them.