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Phil Frazier
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bbchris Princess Of Hongkong
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Jake Cepheus
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bbchris Princess Of Hongkong
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Phil Frazier
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Posted: Sun Jan 05, 2003 11:45 pm Post subject: Re: A Massage by Rot Underpants |
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Phil Frazier       
       
Is Rod Underhill a Music Attorney?
       
       
I ask questions. The only advice I have given is for Artists to study the business of music, think for themselves and consult with a qualified Ent. or Music Attorney on any business matters.
You little attack and insults are not the professional response one would expect from an OMD owner. We have been down this little path before. You wish to negate my questions via your insults. It didn't work before & I don't feel it will work here, except with content providers that are lackeys and just click their heels.
I am providing resources for information to my fellow Artists while this OMD has hidden information until I was persistent enough for important information to be provided that should have been there in the first place.
       
       
Nah, you're just a trouble maker. Really, that's all there is to your routine. Couch your actions in whatever beneficial language you want, but you're really simply a person who gets his kicks giving people a hard time about things you know nothing about.
You think my response was unprofessional? You've never seen me in court. What you just experienced here was a love tap compared to what I am capable of when an opponent says something daft like that in court.
You have insinuated that our contract is less than appropriate. "If I understand this prelim it is worse than I suspected. " Yes, a self fulfilled prophecy, one of your specialties.
Advising people to seek independent counsel is one thing. Stating that a contract that we offer is potentially harmful to our clients is something else. I won't put up with it, either.
*************************************************************************       
Thread LOCKDOWN
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Posted: Sun Jan 05, 2003 11:49 pm Post subject: Re: A Massage by Rot Underpants |
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you pay $50....and your stuff gets shopped....then the "shopper" gets 15% of your record contract....
after production costs, reserves of at least 25% (probably more) ......and a host of costs that seem to rise up out of the process of actualizing a recording contract like some noxious gas I doubt that many unknown artists end up with 15% of their initial contract.......I think 15 artist royalty points is pretty standard for a first contract.....and the Costs of production and promotion are deducted from YOUR artists points.....so your paying back a Loan while earning only 15% of the proceeds of your sales..(assuming there are proceeds)...
In most scenarios you would have to take out a bank loan to Pay 1 sound 15% of a contract......the price exceeds your royalties....It would take a wild Hit record to make it otherwise...
15% of a first timers contract is quite simply more than is likely to be offered the artist as their total take...
.1 sounds preliminary writings on the subject are vague....if they really mean 15% of the total value of the contract...
c'mon.....it CAN'T mean that....it can't..
if it does and this is payable at signing your gonna have to take a big chance with your advance because with 25% to 50% of your royalties withheld against returns and other withholding's that WILL be there your gonna have to give 1sound a LOT of money that doesn't belong to you.....and hope that your 15 points pan out.....and the records don't come back unsold......and you better have written everything yourself because 1 sounds pay seems to have to come out of your mechanicals....(of which 1 sound will also take 15%..and the label will take 25%)
That leaves 40% of your mechanical to make up the money you owe 1 sound who now owns more of your sales income than you recieve
(initially you'll realize only 7.5 to 10 points of record sales collectable because of reserves of 25% to 50%...hopefully there is a time limit on these reserves)
If your really dead set on being a rockstar...
your better off giving some of your stuff away for free in the RIGHT places.....and trying to sell some CDs on your own....GIG your ass off, become attractive to a good management outfit.....develop a serious following and sell your own CDs that you made for a while...
By the time you go to SIGN with a major your gonna need some clout......
PANick *Permission to post this has been granted to Phil Frazier by PANick
       
       
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Posted: Mon Jan 06, 2003 12:12 am Post subject: Re: A Massage by Rot Underpants |
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I read Mr.Underpants' reply to your questions.
I am a Shopping Agent. I always insisted that my clients consult with an Attorney before signing my Contract. In fact I negotiated that Contract with quite a few Attorneys and sometimes accepted changes in that Contract that the Attorneys wanted. I never charge an upfront fee.
The 1sound Contract is nonnegotiable. One must accept their terms or pass on the deal. In my view no one should send in the $50 until one clearly understands 1Sound terms. Those have not been explained properly at all. With my insistence the terms were broadened and explained more so than they were at first but still there are things about it that were not explained.
One major statement that was not explained is "Letter of Intent." This is a real important item. The fact that Mr. Underpants won't explain the "real" consequences of the 1Sound Deal speaks volumes to me. He doesn't wish for Artist to know what the "real" deal really is.
I will post what "Letter of Intent" means.
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bbchris Princess Of Hongkong
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Phil Frazier
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Phil Frazier
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Posted: Mon Jan 06, 2003 1:41 am Post subject: Re: A Massage by Rot Underpants |
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Rod Underhill
"In the event Artist Representative acquires an interest from a Record Company for you as a recording artist, Artist Representative shall present to you a letter of intent from any such prospective Record Company. You shall have the right to accept or deny any such prospective Record Company's offer and recording agreement. You agree if you enter into any agreement for with the Record Company within six (6) months during or after the expiration of this letter Agreement, you shall direct such Record Company to pay to Artist Representative the amount of 15% of the money advances under the first term of the agreement (or under each term of the agreement) within thirty (30) days when the advance is due and owing to you. Further, Artist Representative shall be entitled to 15% of any and all royalties paid to you by the Record Company that you entered into based on the efforts of Artist Representative pursuant to the terms of this Agreement."
Note: this agreement does not deal with publishing royalties. The Label Entry program is limited to record deals. A separate publishing program may be offered in the future, or a program attorney may offer additional representation regarding publishing pursuant to a non-exclusive contract, should such an upgraded offer be made.
As I've stated, we'll be publishing the full contract a few days after Christmas. We're drinking too much egg nog right now.
As for the $50 fee for costs... Well, I interviewed many music attorneys as I designed this program. Everyone that I spoke to asked for at least $100 for costs, so we decided that $50 was an appropriate amount at this time. We'll probably raise it to what appears to be the standard of $100 in 90 days or so."
Rod Underhill        
Phil Frazier
Notice that "letter of intent" is in small letters and hardly noticable, like it was insignificant? "Letter of Intent" is not a small concept.. If an act signs that, it means that for a period of 6 months no other offers fromany other labels can be entertained by the Artist. The artist is stuck with that label for 6 months and that label at the end needs not offer the Artist anything.
This happened recently with a band that was stuck on Warner Label for that duration, who never moved on signing them. Fortunately for them, Dreamworks jumped on a contract offer to them 1 day after the 6 months expired. The tape that Warner had in their possession, contained the huge hit by this band that was promoted by Dreamworks.
A little quiz. What band am I referring to?        
Recording contracts Info.
pub137.ezboard.com/fminne...6658.topic
pub137.ezboard.com/fminne...6658.topic
       
www.rz.uni-frankfurt.de/~...usick.html
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