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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Posted: Mon Dec 30, 2002 7:31 am Post subject: 1Sound Credibiltiy? |
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Rating:
1-Ecellent
2-Pretty good
3. OK
4-Needs a lot of work
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Seismic Anamoly
Joined: 22 Aug 2002 Posts: 3039
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Posted: Tue Dec 31, 2002 12:03 am Post subject: Rod Underhill Insults Artist |
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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.
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Phil Frazier
If I understand this prelim it is worse than I suspected. Not only 15% of the "First Term" of an Advance but also "royalties". That could be a Hell of a steep price to pay. Remember, any money comes out of the Artist's pocket eventually. This $50 is chump change. Before sending in that $50 I advise any Artist to bring the full info. & Contract to a qualified Ent. Attorney. The $50 is pocket change when compared to that 15% bite.
Also, there is that "Letter of Intent" . If an act signs that, it means that for a period of 6 months no other offers can be entertained. The artist is stuck with that label for 6 months. The label doesn't have to make an offer but the Artist can't accept any other offers either.
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 contained the huge hit that was promoted by Dreamworks.
A little quiz. What band am I referring to?
Read this!!!!
www.rz.uni-frankfurt.de/~...usick.html
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Rod Underhill
Actually, you have no idea about what you're talking about. Really, your ignorance is quite astounding. I hope people don't actually take your advice on anything that is meaningful.
I've followed your antics for years. You simply cause trouble where ever you go. The contractual language is standard.
There isn't any service we could offer that you would approve of, is there? Your chicken little routine would be laughable if it wasn't for the fact that somebody might accidentally or otherwise lend credence to something you say.
In any event, we certainly encourage our clients to take our contract and have it reviewed by independent counsel prior to signing it.
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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.
*********************************** Rod Underhill
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
Edited by: Phil Frazier at: 12/31/02 8:13:34 am
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Seismic Anamoly
Joined: 22 Aug 2002 Posts: 3039
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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NinaGoddess
Joined: 21 Apr 2002 Posts: 121
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Posted: Tue Dec 31, 2002 11:13 am Post subject: Re: Rod Underhill Insults Artist |
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There is no such thing as a 'standard contract'.
They'll never get the best artists this way, only the most desperate.
just my two cents..
- Nina
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Posted: Tue Dec 31, 2002 11:28 am Post subject: Re: Rod Underhill Insults Artist |
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You are a smart lady Nina. I think it's just a way to get money from desperate artists.
This may sound strange but I can call many Major and Independent labels and get songs listened to. I have done so for a few Artists.
In fact , Dreamworks & Capitol listened within a week of me sending the CDs. Unfortunately, for the Artist and me the labels were not interested. My point is that one does not have to be an Attorney or a big time Mgr. to get labels to listen. I didn't charge the Artists for this and my percentage was only 15% of the advance of the 1st Album if they got signed.
This so-called deal from 1Sound is not at all standard. They are liars.
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NinaGoddess
Joined: 21 Apr 2002 Posts: 121
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Seismic Anamoly
Joined: 22 Aug 2002 Posts: 3039
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Phil Frazier
Joined: 04 Aug 2002 Posts: 823
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Social Spit
Joined: 28 Sep 2002 Posts: 251
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Seismic Anamoly
Joined: 22 Aug 2002 Posts: 3039
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Seismic Anamoly
Joined: 22 Aug 2002 Posts: 3039
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