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Old 04-27-06, 11:18 AM   #16
SerB
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Quote:
Originally Posted by Apexx
you have a mixtape out? how come I never seen any music on here just text? no pics of covers, nothin?



what? free studio time? labels are like loans? sell records and later they take a huge profit from you? lol, I get the feelin you don't know what you're really sayin man lol

That'd be the most backwards label I ever heard of lol



? what dont you get.

i saw this on t.v where they explained it.

Labels are in a way like a loan, IN A WAY.

They the ones who copy out the cds and what not. but rappers dont get there money from selling cd, its real hard, you have to sell alot to make money, cuz you have to break even. cuz the label takes back alot of the money later that they did to put your name out.

majority of the money comes from concerts and merchandise.

and yes, you get free studio time. if you are under that label.
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Old 04-27-06, 02:06 PM   #17
a k w o r d Z
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Quote:
Originally Posted by Thug Life
? what dont you get.

i saw this on t.v where they explained it.

Labels are in a way like a loan, IN A WAY.

They the ones who copy out the cds and what not. but rappers dont get there money from selling cd, its real hard, you have to sell alot to make money, cuz you have to break even. cuz the label takes back alot of the money later that they did to put your name out.

majority of the money comes from concerts and merchandise.

and yes, you get free studio time. if you are under that label.

it seems you're just trying to paraphrase what you 'learned' though the TV special without really knowing what you're talking about.... your wording is mad sloppy.
i'll put it simple- You need to pay back whatever money the label puts into the project, plus you pay your managers, accountants, lawyers etc..... anything on top of that is yours.
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Old 04-27-06, 03:57 PM   #19
a k w o r d Z
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Quote:
Originally Posted by PIMPIN aint easy
wat your talkin about is artists like 50 cent, jay-z etc. u are talking about is multi platinum selling artists, these people get advancements which is the loan your talkin about which basically covers the image of the artist to basically make them seem legit to the commercial industry as a big dawg like wit the advncment get a nice house a dope a car sum nice chains etc.......

that's probally the most misinformed statement i've ever read.... and plus, most advances aren't even enough to buy a used 03 Toyota Camry.
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Old 04-27-06, 10:18 PM   #20
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heres what i do...considering i own a lil record label...


i sign artists to a 1 album/mixtape deal...

i pay for everything....cd's, covers, cases...etc....

then we split the profit 50/50 on every cd sold....




i dunno how most do it...but thats how i do it
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Old 04-28-06, 12:02 AM   #21
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Quote:
Originally Posted by -White Powder-
I'd think smaller labels = smaller pay.....

Sure ur gonna make more per cd... but you're not gonna sell as many as a major label artists with large promotion and all that crap...

then again I know next to shit about labels... I prefer the indie style myself... My Music.. bitch My money :-) haha but yeah...


that's pretty close, but it's not always true, "sales" are based on "exposure" and deliv of product, aka...supply and demand.

Publusher = gets you in the public eye, ear, nose, mouth and every where else they have the power to get you. aka, The Demand.

Distribution = gets your records to the people who see your face everywhere. aka....The Supply.

^^it's all about those two. dosen't matter if it's a big, or small label.


Quote:
Originally Posted by SerB
? what dont you get.

i saw this on t.v where they explained it.

Labels are in a way like a loan, IN A WAY.

They the ones who copy out the cds and what not. but rappers dont get there money from selling cd, its real hard, you have to sell alot to make money, cuz you have to break even. cuz the label takes back alot of the money later that they did to put your name out.

majority of the money comes from concerts and merchandise.

and yes, you get free studio time. if you are under that label.



what don't I get? are you for real? hahhhhahaha. you're funny.

For starters, "getting your name out" is called Publishing. Publshing promotes the album on the Label's budget, not the artists advance. you have no clue what you're talking about. You saw something on TV and now you tihnk you know but you're way wrong man.

Quote:
Originally Posted by PIMPIN aint easy
wat your talkin about is artists like 50 cent, jay-z etc. u are talking about is multi platinum selling artists, these people get advancements which is the loan your talkin about which basically covers the image of the artist to basically make them seem legit to the commercial industry as a big dawg like wit the advncment get a nice house a dope a car sum nice chains etc.......

do u tihnk indie artists or small label artists make money off merchandise lol come on small time artists make their money from selling their cds thats where their profit come from, for the 50 cents the money to be made off album sales is pocket change so they make there money by endorsing products where they get paid millions of dollars by corporations to promote their product



what??? ahahhahhah nah man lmao, multiplatinum artists get signing bonuses that they DON'T have to pay back cuz they're proven sales machines. You see it in the videos and think they give that shit to you too, they don't.

and once agian, LABELS pay for publushing, it does not come out of your advance.

if it did, Artists would drop when ever they want, instead of whne the LABEL wants.
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Last edited by Apexx : 04-28-06 at 01:26 AM. Reason: cuz I felt like it : D
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Old 04-28-06, 01:13 AM   #22
a k w o r d Z
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Quote:
Originally Posted by PIMPIN aint easy
wat your talkin about is artists like 50 cent, jay-z etc. u are talking about is multi platinum selling artists, these people get advancements which is the loan your talkin about which basically covers the image of the artist to basically make them seem legit to the commercial industry as a big dawg like wit the advncment get a nice house a dope a car sum nice chains etc.......


most of that shit is RENTALS anyway.... n plus, this was about what a Small label pays, for a small/mid-level artist. you know what, ill post up some info for ya---

yeah i jacked it from another site...

Quote:
Originally Posted by Wendy Day from Rap Coalition
ARTISTS DON'T MAKE MONEY FROM RECORD DEALS

Who is the incredible bonehead who said rappers make mad loot? Wrong, wrong, wrong, wrong, wrong!! Because the fans expect their favorite artists to be crazy paid and livin' large, this puts an incredible amount of pressure on the artists to appear wealthy. And it's not just the fans; I can't tell you how many times I've been out with rappers along with people in the industry, and the industry slobs have expected the artists to pick up the dinner check. I've even seen people cop an attitude if the artist doesn't pay for everything. This is small minded and ignorant because the artist is ALWAYS the last to get paid. Everyone gets their cut first: the label, the manager (15%- 20% of all of the artist's entertainment income), the lawyer (by the hour or 5%-10% of the deal), the accountant (by the hour or 5% of all income), and, of course, the IRS (28% to 50% depending on the tax bracket).

Once an artist releases a record, the pressure is on to portray a successful image to fans, friends, families, and people around the way. People expect the artists to be well dressed, drive an expensive car, etc. Think about it. Don't you expect artists "to look like artists?" Would you admire Jay-Z as much if he drove a busted old 1990 Grand Am instead of that beautiful, brand new, top of the line Bentley?

Sadly, when an artist gets signed to a label deal, especially a rap artist, he or she receives somewhere between 8 and 13 points. What that means is 8% to 13% of the retail sales price, after the record label recoups the money it puts out (the advance, the sample clearances, the producer advances, usually half the cost of any videos, any cash outlays for the artists, etc.). The artist has to sell hella units to make any money back. Here's an example of a relatively fair record deal for a new rap artist with some clout in the industry and a terrific negotiating attorney:

ROYALTY RATE: 12%

We're going to assume that there are 3 artists in the group, and that they split everything equally. We're also going to assume that they produce their own tracks themselves.

Suggested retail list price (cassettes) $10.98
less 15% packaging deduction (usually 20%) =$ 9.33
gets paid on 85% of records sold ("free goods") =$7.93

So the artists' 12% is equal to about 96 cents per record sold. In most deals, the producer's 3% comes out of that 12%, but for the sake of brevity, in this example the group produced the whole album, buying no tracks from outside producers, which is rare.

Let's assume that they are a hit and their record goes Gold (although it is rare that a first record blows up like this). Let's also assume they were a priority at their record label and that their label understood exactly how to market them. So they went Gold, selling 500,000 units according to SoundScan (and due to the inaccuracies in SoundScan tracking at the rap retail level, 500,000 scanned probably means more like 600,000 actually sold).
GOLD RECORD = 500,000 units sold x $ .96 = $480,000. Looks like a nice chunk of loot, huh? Watch this. Now the label recoups what they've spent: independent promotion, 1/2 the video cost, some tour support, all those limo rides, all those out of town trips for the artist and their friends, etc.

$480,000
-$100,000 recoupable stuff (NOT advance)
--------
$380,000
-$ 70,000 advance (recording costs)
--------
$310,000

Still sounds OK? Watch... Now, half of the $380,000 stays "in reserve" (accounting for returned items from retail stores) for 2 to 4 years depending on the length specified in the recording contract. So the $70,000 advance is actually subtracted from $190,000 (the other $190,000 is in reserves for 2 years). Now, there's also the artist's manager, who is entitled to 20% of all of the entertainment income which would be 20% of $310,000, or $62,000. Remember, the artist is the last to get paid, so even the manager gets paid before the artist.

So the artists actually receive $19,333 each for their gold album, and in two years when the reserves are liquidated, IF they've recouped, they will each receive another $63,000. IF they've recouped. Guess who keeps track of all of this accounting? The label. Most contracts are "cross-collateralized," which means if the artist does not recoup on the first album, the money will be paid back out of the second album. Also, if the money is not recouped on the second album, repayment can come out of the "in reserve" funds from the first album, if the funds have not already been liquidated.

Even after the reserves are paid, each artist only actually made 50 cents per unit based on this example. The label made about $2.68 per unit. This example also doesn't include any additional production costs for an outside producer to come in and do a re-mix, and you know how often that happens.

So each artist in this group has received a total of about $82,000. After legal expenses and costs of new clothing to wear on stage while touring, etc, each artist has probably made a total of $75,000 before paying taxes (which the artist is responsible for-- remember Kool Moe Dee?). Let's look at the time line now. Let's assume the artists had no jobs when they started this. They spent 4 months putting their demo tape together and getting the tracks just right. They spent another 6 months to a year getting to know who all of the players are in the rap music industry and shopping their demo tape. After signing to a label, it took another 8 months to make an album and to get through all of the label's bureaucracy. When the first single dropped, the group went into promotion mode and traveled all over promoting the single at radio, retail, concerts, and publications. This was another six months. The record label decided to push three singles off the album so it was another year before they got back into the studio to make album number two. This scenario has been a total of 36 months. Each member of the group made $75,000 for a three year investment of time, which averages out to $25,000 per year. In corporate America, that works out to be $12 per hour (before taxes).

OK, so it's not totally hopeless. Since we're using the fantasy of a relatively fair deal, let's look at publishing from a relatively fair perspective. There are mechanical royalties and performance royalties to figure in. Mechanical royalties are the payments that Congress stipulates labels must pay based on copy right ownership and publishing ownership. These payments have nothing to do with recouping, but everything to do with who owns the publishing. Publishing is where the money is in the music business. Suge Knight claims to have started Death Row Records with the money he made from owning Vanilla Ice's publishing for one song: Ice Ice Baby. It may not be true, but it could be. Avatar Records (home of Black Xuede) is financed through the publishing that the CEO has purchased over the years. Although publishing can be quite cumbersome to understand (just when I think I get it, I read something else that makes me realize how little I know about the subject), but the most basic principle is that when an artist puts pen to paper, or makes a beat, the artist owns the publishing. It's that simple. Whoever creates the words or music owns those words or music. Where it gets confusing is all the different ways to get paid on publishing, all the ways to split publishing with other folks, and all the ways artists get screwed out of their publishing. In the 8 years I've been doing this, I have heard so many times, artists say that they don't care about losing a song or two because they can always make a ton more. That's stupidity. It's undervaluing one's ability. That's like saying it's OK to rob me of my cash, I can go to the ATM machine and get more money. Wrong!! It's never right to rob someone. The "I can make more" defense immediately goes out the window when the creator sees someone else make hundreds of thousands of dollars off a song. Every time!! So why not protect yourself in the door?

Bill Brown at ASCAP breaks it down more simply than anyone I've ever heard. He compares publishing with real estate. When you make a song, you are the owner of that property: the landlord. Sometimes you sell off a piece of the land for money (but you NEVER give away your land, right??) and if someone else wants to use your property, or rent it, they have to pay you rent to use it. I love that analogy. It's so crystal clear!

A copyright is proof of ownership of a song, both lyrics and music. If there is a sample in the music, you are automatically giving up part of the song, at the whim of the person who owns the rights to the original song (not necessarily the original artist). In order to "clear the sample," you send your version of the song to the owner of the original composition or whomever owns the publishing (and to the owner of the master, meaning original record label or whomever now owns the master). Then you negotiate the price with those two owners. Some are set in stone and you get to either agree to their price or to remove the sample. On DJ DMD's last album (22: PA Worldwide on Elektra) he spent close to $100,000 in advances and fees due to the sampling on his album. It came out of his upfront monies (advance) and he bears the burden of paying for it all, even though Elektra released and owns the record. Proof of copyright is easy to obtain by registering your song with the copyright office in Washington DC. You call them (202.707.9100) and ask for an SR Form (sound recording). You fill out the form, listing all of the owners, and mail it back to them with a copy of the song (a cassette is good enough) along with the Copyright fee (around $25 or so). This way, if someone steals your song, or a piece of your song, you can sue them for taking it and for your legal fees. With the "poor man's copyright" (mailing your tape to yourself in a sealed envelope with your signature across the sealed flap, and then never opening it when it arrives back to you with a postmark proving the date), you can not sue for damages and it's more difficult to prove your case. The copy right fee may seem like a lot of money to some, but it's nothing compared to what a law suit would cost you.

Performance royalties are money that is paid for the performance of your song. The money is paid based on the percentage of ownership of the song. So if you own 100% of the song, you get the whole check. If you own just the music, which is half the song, then you get half the money. If you own the music with a sample in it that claims half the song, then you get a check for 25%. Ya follow? Performance Rights organizations consist of ASCAP, BMI, and SESAC (which is still quite small). They police the radio stations, clubs, concerts, etc (any place music is played or broadcast), all of whom pay a fee to play the music which the performance rights societies collect and split amongst their members based on the amount of times a record is played. Although the formulas change annually based on play, a Top 10 song played on commercial radio can earn a good chunk of change in the hundreds of thousands of dollars range.

There is another kind of royalty artists receive when their records sell: mechanical royalties. These are paid based upon a pre-set limit placed by Congress which increases automatically every two years. In 1998 and 1999 it was .0715 cents per song, but on January 1, 2000 it increased to .0765 per song. Record labels put caps on mechanical royalties (the slugs) at either 10 songs, 11 songs, or 12 songs, no matter how many songs actually appear on the record, and you get what you negotiate for. Also, there's a slimey little clause that restricts payment of mechanicals (because God knows labels don't make enough money as it is) to anywhere between 75% and 85%. This evil deed is called percentage of statutory rate. Here's the difference those few pennies make as it pertains to an artist's royalty check (I refuse to even consider illustrating the worst bullshit deals such as 10x at 75%) provided they own 100% of the song:

# songs stat mechanical 100,000 sold 250,000 sold 500,000 (Gold) 1,000,000 (Platinum)
11x 85% .6639 per album $66,390 $165,975 $331,950 $663,900
11x 100% .781 per album $78,100 $195,250 $390,500 $781,000

12x 85% .7242 per album $72,420 $181,050 $362,100 $724,200
12x 100% .852 per album $85,200 $426,000 $852,000 $1,704,000

10x 85% .6035 per album $60,350 $150,875 $301,750 $603,500

I based the above chart on the old 1998-1999 rate of .0715 per song, so I could use my friend Fiend as an example. His first album came out in April of 1998 when the stat rate set by Congress was at this rate.

The dollar figure above represents monies due an artist (regardless of recoupment) per album based on ownership of 100% of publishing. So for example, Fiend who is signed to No Limit, provided he owns 100% of his publishing (I can dream can't I?), if his deal gives him 11x rate at 85% (I hate it but it won't kill me) then on his first album, There's One In Every Family, which came out 4/28/98 and sold 565,977 SoundScan units, No Limit would have paid him (hopefully) $378,369.77. If No Limit owns half of Fiend's publishing, he would receive $189,184.88 provided he wrote all of his own songs (which he did, except the verses by other artists who appeared which lowers the ownership percentage and dollar amount) and provided he made all of his own beats (which he did not; he features outside producers on this album like Beats By The Pound).

So there you have it, the real deal on how much money an artist makes. You can subtract out now another 28% to 50% of all income, including show money, (depending on the artist's tax bracket which is determined by how much income was made within any given calendar year) for the IRS who get paid quarterly (hopefully) by the artist's accountant. If the average artist releases a record every two years, then this income must last twice as long... I think about this every time I see my favorite artists flossing in their music videos drinking champagne or every time I see them drive by in a brand new Benz...


and there you are. it's a long read, but it's shit most of yall need to know.
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Old 04-28-06, 01:18 AM   #23
a k w o r d Z
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here's somethin on publishing too.... jacked from another site.

HOW ARTISTS GET PAID: PUBLISHING 101

Publishing is the most valuable thing that artists own, yet the least understood. The moment an artist creates lyrics or music, the artist owns that composition--as soon as the pen writes a lyric or a note is played next to another to make a song. Most artists underestimate the value of their songs and too often give away their publishing or sell it too cheaply because they need money. There are only a few ways for artists to get paid when they are signed to a record label (and even fewer when they aren't signed). Aside from any advances paid by the label to the artist (which they have to pay back before they ever see any royalties, or profits, from the sale of their records, CDs, cassettes, digital downloads, etc), one of the greatest sources of income for songwriters (including lyrics and beats), both long term and short term, is the money artists get from ownership of publishing, provided they keep the ownership of their publishing. There are four types of publishing royalties: performance royalties, mechanical royalties, synchronization fees, and print royalties (although sheet music is rare for rap music). An analogy can be made between publishing and real estate: when you make a song, you are the owner of the property--the landlord. Sometimes you sell a piece of the land when you need money, but you never give away a piece of the land. And if someone wants to use your land, then they pay you for the privilege of renting it.

Each song is one copyright, roughly speaking, with 50% being the lyrics and 50% being the music. Each half is also comprised equally of writer's share and publisher's share as it pertains to royalties. For example, the lyrics may be 50% of a song, but that share is comprised of 50% writer share and 50% publisher share. When an artist has a co-publishing deal with a publisher (such as EMI Publishing, Warner Chappell, Sony Publishing, Zomba, Rondor, Famous, BMG Publishing, etc), the deal is for a percentage of the publisher's share but not the writer's share. Provided the artist has not signed a "work for hire" songwriter's agreement (the most evil contract that exists in the music industry), the artist always retains the writer's share of a song.

Performance Royalties are the royalties that artists receive for live or broadcast music. Anyone who broadcasts music (recorded, live, or in video form-- like a radio station, TV or cable station, a nightclub with live shows, concert hall, airlines, or a juke box at the local bar) has to pay a fee to use the licensed music to either ASCAP, SESAC, or BMI. These organizations basically exist to negotiate and collect fees to make certain artists get paid for performance play of their music. In order to comply with U.S. copyright law, any establishment that plays copyrighted music is legally required to secure permission to use it. Each year, licensing fees are collected, and then divided up by each organization amongst its artist members and publishing members. These collected fees are divided based on a mathematical formula that changes depending upon the amount of licensing fees taken in annually. Of the over $2 Billion performance royalties generated each year around the globe, US organizations collect about $800 million. ASCAP is responsible for 55% of the total, BMI collects about 44% and SESAC approximately 1%.

According to Music, Money and Success: The Insider's Guide to The Music Industry, by Jeff and Todd Brabec:
-in just a few years, a #1 song of the year can generate a $2 Million writer and publisher payout,
-a successful television series theme song can generate in excess of $1.5 million over a ten year period,
-the background score of a top box office film can generate well over $2 million in performance income over its copyright life.
-#1 pop chart single in one year can garner over $350,000
-#10 pop chart single in one year: over $225,000
-#50 pop chart single in one year: over $50,000
-Lifetime copyright earnings of a major popular song: upwards of $7,500,000

The three performing rights organizations are as follows:
ASCAP: American Society of Composers, Authors, and Publishers, is a not-for-profit membership association of over 80,000 composers, songwriters, lyricists, and music publishers. ASCAP's function is to protect the rights of its members by licensing and paying royalties for the public performances of their copyrighted works. ASCAP is an organization run by the very members it benefits, elected by the members. For more info check www.ascap.com

BMI: Broadcast Music, Inc is owned by broadcasters and issues licences on behalf of their over 140,000 writer and 60,000 publisher members. BMI was founded in 1940 as a non-profit organization. BMI distributes performance royalties quarterly, beginning in January. For more info check www.bmi.com

SESAC: SESAC was founded in 1940 and set up as a "for profit" organization. When a songwriter or publisher affiliates with SESAC, they are then represented for the right of that music to be played in public and are paid royalties based on how much their songs are played. The system required to compute compensation is based on many factors, including music trade publication chart activity, broadcast logs, computer database information, and monitoring. SESAC is the smallest of the three U.S. performing rights organizations. For more info check www.sesac.com

Mechanical Royalties are paid by the record label from the sale of CDs, tapes, and records. The rates are set by Congress (known as the statutory rate) and increase automatically every two years. On January 1, 2000, the current rate became .0765 cents per song (the rate increases every other year) for a maximum that is set by the record label in the recording contract (usually a maximum of 10, 11, or 12 songs per album no matter the actual length of the album, and this is definitely a negotiating point). This means that if the statutory rate is provided at 11 songs, each album or CD sold would automatically bring the artist 84.15 cents per unit sold (or $420,750 for a Gold album, which is 500,000 units sold). Because this industry can't just let an artist make money without having some dumb clause for the label to get back some pennies, there is a clause called "Controlled Composition." This stipulates that the statutory mechanical royalty can be reduced (and this is another point of negotiation) often to 75%. This means that the 84.15 cents per unit could be reduced to 63.11 cents per unit, which would actually be $315,563 for a Gold record. Other than being established for no reason other than for the record company to make more money, I can't seem to find anyone who can explain to me why it exists. I traced its first use, however to CBS Records.

Here's the difference those few pennies make as it pertains to an artist's mechanical royalty check provided he or she owns 100% of the song listed from best scenario to worst, based on the mechanical royalty rate from December 1998 (.0715 cents per song), so I could use an actual scenario of an artist to further illustrate the point:
# songs controlled comp
mechanicalper unit 100,000 sold 250,000 sold 500,000
(Gold) 1,000,000
(Platinum)
12x 100% .8520 $85,200 $426,000 $852,000 $1,704,000
12x 85% .7242 $72,420 $181,050 $362,100 $724,200
12x 75% .6435 $64,350 $160,875 $321,750 $643,500
11x 100% .7810 $78,100 $195,250 $390,500 $781,000
11x 85% .6639 $66,390 $165,975 $331,950 $663,900
11x 75% .5899 $58,990 $147,475 $294,950 $589,900
10x 100% .7150 $71,500 $178,750 $357,500 $715,000
10x 85% .6035 $60,350 $150,875 $301,750 $603,500
10x 75% .5363 $53,630 $134,075 $268,150 $536,300

*based on the rate of .0715 per song, which was the rate from 1/98 through 12/99 so I could use Fiend as an
illustrated example.

The dollar figure above represents monies due an artist (regardless of recoupment) per album
based on ownership of 100% of publishing. So for example, Fiend who used to be signed to No
Limit, provided he owned 100% of his publishing (I can dream can't I?), if his deal gives him 11x
rate at 85%, then on his first album, There's One In Every Family, which came out 4/28/98 (the
rate then was .0715 cents per song) and sold 565,977 SoundScan units, No Limit would have
paid him (hopefully) $378,370. If No Limit owned half of Fiend's publishing, he would have
received $189,185 provided he wrote all of his own songs (which he did, except the verses by
artists who appeared which lowers the ownership percentage and dollar amount) and provided he
made all of his own beats (which he did not; he features outside producers on this album like
Beats By The Pound).

Synchronization Royalties refer to music used in film, tv (including commercials), and
soundtracks--anytime that music is used in a timed synchronization with visual images. When a
film or television show uses music in the background or prominently, they have to pay a fee to the
owner of the music. The fees vary widely with the usage and importance of the song. Print
Royalties are for sheet music, where a royalty is paid to the publisher for the use, and are roughly
20% of the retail selling price of a single song-sheet.

Although this is not considered publishing money, I'm going to include here an explanation of
retail royalties. They are often confused with publishing because the money an artist receives is
called a "royalty." This is one of the main areas of negotiation in a recording contract. These
royalties, also known as "points" are based on a percentage of the manufacturer's suggested retail
selling price for every unit sold AFTER the artist recoups. "Recoup" means to pay back most of
the money spent on the project such as advances, recording, usually half the video costs, and
often half of the independent radio budget. Most recording contracts specify what is recoupable
and what is not (another area of negotiation is to reduce the recoupable items and to set limits on
what can be spent in areas such as video, radio promotions, free goods, etc). Retail Royalties
usually run between 11 points and 18 points (a point is roughly equal to 8 cents per unit sold).
And in the true fashion of a record label reducing what they have to pay the artist whenever they
get the chance, some contracts include "packaging deductions," special "CD rates," and/or
"breakage fees" to further reduce the royalty. There is always a reduction in points for units sold
outside of the United States (US and Canada should almost always be paid at 100%, and I'd even
try to negotiate to include all of North America if I were doing the deal) as well. The more
leverage an artist has in the negotiations, the higher the point structure usually. If the artist has a
strong buzz or has sold a lot of units prior to being signed, it should not be difficult to secure 18
points. But again, points, or retail record royalties are only paid after an artist recoups, so if too
much money is spent on marketing the project, videos are shot for hundreds of thousands of
dollars, and the artist is unrecouped, it doesn't matter how many points are involved--it could be
100, no money will be paid to the artist. Almost all artists are unrecouped.

A copyright is the ownership of the written lyrics or music of a song. It is a legal protection of
the ownership granted by law. By filing a copyright form (SR Form for a Sound Recording) with
the Copyright Office in Washington, DC for $20 (202.707.9100 or
http://www.loc.gov/copyright/forms/formsri.pdf to get applications), it protects your ownership
of the song. It is important to distinguish between a copyright and a "work for hire" which is
when a songwriter agrees to write a song for an employer while an employee of that person. At
Rap Coalition, we do not believe in "work for hire" under ANY circumstance, as the creator of a
body of work should always be in ownership and direct control of his or her art/creation. Under
the law, the creator of a work, who is not an employee acting in the scope of an employment
agreement, is considered the copyright owner from the moment the work is created--fixed in a
tangible medium of expression. That means you write a lyric, or create a beat, and you own it! A
"poor man's copyright" (which is mailing your songs to yourself with a signature across the seal
of the envelope, and not opening it upon receipt to yourself, using the postmark as proof of date),
while offering proof of authorship, is NOT a legal proof of copyright ownership. Only filing with
the Register of Copyrights on an official form to the copyright office in Washington, DC qualifies
proof of ownership in a court of law.
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Old 04-28-06, 01:22 AM   #24
a k w o r d Z
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thank me in a few days when you're done reading this shit.
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