Join Richard Stim for an in-depth discussion in this video Creative control, part of Music Law: Recording, Management, Rights, and Performance Contracts.
- Creative control refers to the right of final approval…over recording video or other artistic endeavor.…Indie labels are more open to granting…creative control to artists, that is,…giving artists final approval of the choice and sound…of the final recordings,…as well as the album art and packaging.…Major labels rarely cede creative control.…Majors believe they know what's best in the marketplace,…and, therefore, they want final say on everything they sell.…Even artists who negotiate creative control clauses…have limited powers, because the only way to enforce…such a provision, should a dispute arise,…is to sue the record company.…
These lawsuits are expensive to initiate,…difficult to win, and usually tie up…an artist's recording career.…Artists concerned about creative control…should talk to other musicians signed by the record company…and find out how the company treats them.…In addition, an artist should take the initiative…to control as much as possible, for example,…overseeing any mastering…and furnishing camera-ready artwork, if possible.…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration