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Originally Posted by kane
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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including giving their fans permission to download all their stuff?
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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.
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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i am not saying it unfair, i am simply pointing out that there is no downside risk for the record company. If you don't believe me, find one launched artist that has lost a million dollars (your number not mine) for the failed launch.
Record companies front cost is the advance and the recording time, the average markup on the recording time is 100%. The test launch is going to be small, and with itunes now in the picture, allowing them to test launch a single at a time, with NO UPFRONT COST. they pretty much know which bands they have to cut their losses on.
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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.
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they are telling their fans that it ok to download their stuff, so what, mp3 quality is less then what could be bought on the cd. the old masters have life well beyond just as the bands music, dvd that layered all the different tracks, behind the scene photage, instremental tracks for karoke..... an let not forget about actually leveraging the bit torrent to promote their next big thing, by cross recomendation. There is tons of money to be made.
Even if there wasn't the record companies deal already paid them in full for the establish artist.
The ultimate point is should an artist have a right to give their fans permission to download their stuff after they have met the term of their contract.
You can't say it ok, and then complain about the next.
Either they do have a right to do anything they want (your first statement) or they don't.