Is this email legit? Record company - Entertainment lawyers *update*

jasonlester

As a hobby I play a bit of guitar and do some songs. I'm fairly active on Youtube and Purevolume. I received this email today from my Purevolume page. It has been edited to protect certain details


Hello, my name is (x) and I'm the owner of (x record company) located in California. My record label is producing a tribute album to the (x). I have listened to your acoustic cover of (x) and it is amazing. I would like to have you on our upcoming album. We will offer you artist royalties and we take care of paying compulsory licensing royalties to (x's) publisher. Please email me at (x) for more information. Thanks, (x)

This is the first time I've received anything like this. Any precautions I should take to protect my work? even if this is legit? I googled the record company and it is a fairly large indie/ish label.

Anything I should look out for?

Space Pickle

Can I ask how much they're going to pay you? IIRC you don't stand to earn anything other than what you get paid to play the recording session since you don't own the song (could be wrong on this).

edit - I mean, I don't know exactly what's meant by "artist royalties". I know for sure you aren't going to be earning the composer's royalties on the song. Also, if you're going to do this you should have an entertainment lawyer read the contract and explain it to you.

jasonlester

I haven't received or read a contract. I have just emailed him asking for more information. Waiting on a reply.

As far as I know, presuming the record company weren't involved. Say I made a cd of songs, I'd pay royalties to them, and pocket the rest. So really, this record company takes care of the royalties to the publisher, pockets the rest, and gives each of the people involved a cut. I don't really care about money anyway.

Thanks for the advice. When I get a contract I'll have an entertainment lawyer look at it.

SmokeStacks

Whatever you do, don't give them any money. For any reason.

There should be enough musicians to give you a more detailed response as to whether or not it's legit, though.

TheScruple

It's hard to tell at first glance, but one thing I would check for is the email address. If its SUPERRECORDCOMPANY@gmail.com, maybe not so legit. If it's firstname.lastname@umusic.com, then probably legit.

At this (very preliminary) stage, it would be difficult to be screwed out of much. If you get to the point of signing a contract, make sure you're not giving the company exclusive rights to your recording of the song, or the right to use it in any way you're not comfortable with. You don't own the publishing to the song, so that's not yours to give away. If they want you to re-record the cover for them, make sure you don't have to pay for the recording yourself, whether directly or indirectly (going into debt to be recouped).

Make sure if you decide to respond that the royalty you get is (relatively) fair. Don't be convinced that they're doing you a huge favor by covering the mechanical royalties, as that's only 9.1 cents per CD or download. At the same time though. they may try to deduct the mechanical rights from your own royalty share, which is a big red flag.

All that being said, without knowing the actual name of the record company, it's hard for me to give any indication of how they operate. For all I know, if you take a hard line with them, they could just move on to the next youtube artist. Most record companies are built to make money and screw artists and writers, so keep that in the back of your head if you decide to move forward.

EggyToast

Hell, even if it's not fair, getting paid for a single song at this point in your hobby is a pretty cool thing.

As said above, don't pay anything. These sorts of compilations or covers are relatively common, and it probably won't make a ton of money, so receiving a flat payment instead of royalties should also be fine.

Here's where the catch would be: they insist you re-record the song, in their studios. If that's the case, you might as well pass unless you have a lawyer. Because re-recording would involve you flying to california, incurring recording and mastering fees, and then that all being charged to your account -- which will fill slowly with money from royalties. Unless this album sells significantly (which is unlikely for a tribute album), you're more likely to never see a penny from the deal, because studio fees like this are significantly higher than, say, if you booked studio time yourself to record it.

But it's worth looking into. An email takes almost no time, and the worst that could happen is they make you a sketchy offer that you refuse.

blakfeld

As a musician that has been screwed a few times, I'd go for it if it will cost you nothing, but the second they require you to pay for anything, you will get bent over. Happens every damn time.

FyreWulff

I'd go for it, just don't ever pay anything out of your own pocket, and if you don't want to pay for a lawyer have all your family members read over the contract to see if they notice anything.

japan

For what it's worth, anytime you are approached at random by someone claiming to be speaking on behalf of a large organisation you can usually call said organisation and ask whether they have such a person working there and whether they would be likely to be approaching you in such a manner. Only costs a phone call.

Pheezer

Not only should you be very wary of paying for anything out of pocket, but also be wary regarding the word "recoup-able". Scan any contract you're offered to make sure there's no discussion of the label recouping any kind of marketing costs from you. Or recording costs, if they insist on you doing it at a studio they pay for or whatever.

That aside, if it doesn't cost you anything to let them put you covering someone else's song on their comp and you stand to maybe make $5 or $10 from it, well that's pretty awesome right? You might not be able to re-sell the same recording again though, so again, bring it to a lawyer to make sure you understand all of the consequences of the deal.

DrFrylock

Possibly legit. The mechanical license bit is accurate.

I got an email out of the blue like this once that turned into a $300 freelance job and a good story to tell.

As above posters said, don't pay for anything and review any agreements carefully. All agreements should be in writing.

Also there may bevan outstanding issue with you releasing unlicensed covers on the Internet. Yes, I know everyone does it but I believe you are technically supposed to get a mechanical license first. Someone more informed about this might shed some light on the issue.

jasonlester

Just got this email:

Jasonlester,

Thanks for the email. I was looking over our list of bands and I just realized that we already have a band covering "x" by (Band). However, you obviously have talent and I'd like to have an acoustic track on this album so please let me know which song from the x soundtrack you would like to cover and I'll see if we can make it work. The songs that are currently taken by other bands are as follows.

blah blah blah

If all else fails, I might even be ok with putting the punk version of "blah" as well as your acoustic version! Just let me know what you think. Thanks!

Sincerely,
joe blow
(contact info)

Aioua

Hmm, so if it's going to go the "screw you" route, the next step would be to try and get you to record this other song at their studios paying out of pocket or whatever.

badpoet

First, why not give the name of the label so we know it's legit (I understand not giving the person's name)? Second, the follow up email seems a bit off, but if you don't agree to pay for anything you should be fine. Finally, if you do it, I hope it goes well for you.

jasonlester

Just received a contract. I understand it as I've studied law, but I don't want to miss anything. I'll have to get an entertainment lawyer to look at it. Unless there is someone here? I'll just edit the sensitive details out for privacy.

Pooshlmer

Getting law advice over the Internet is like asking your plumber to rewire your electricity.

jasonlester

Pooshlmer wrote: »

Getting law advice over the Internet is like asking your plumber to rewire your electricity.

It couldn't hurt. Via PMs I mean.

There are lawyers that frequent these threads.

I'll be seeing one when I get the time, but I figured this couldn't hurt in the interim.

Improvolone

There are also those of us in the entertainment industry and have read a number of contracts.

TheGreat2nd

What's the name of the label?
Could be useful, just in case any one of us has heard of it.

Good luck with the music!
Better post the album here (or in your sig) when you're done

jasonlester

Thanks, I'd rather not post the name of the label because I know how easily these things turn up in google searches. I'm happy to over PM though. Anyone that is in the industry, it'd be great if I could PM you the contract. PM me if you have a few minutes It's only 2 pages long or so.

Darkewolfe

If you understand the legalities (mostly) what is the general outline of the contract? Are they asking you to travel at all? As previously mentioned, is there any mention of re-couping losses? Is any variant of the word indemnification used? (indemnify, indemnity, etc.)