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#1
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Posted to rec.audio.pro,rec.audio.opinion
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My friend and I have just VERY recently got a band together. We havn't
even all been together in the same room. Said friend, Jacob, happens to have neighbors who own an indie record label ( www.lessavenged.com ). These label characters have heard Jacob play two or three songs accompanied by his brother and sister on cello and violin respectively. No shows have been played, band hasn't practiced. Less Avenged wants Jacob to sign with them for a one-cd deal that will span one year. These are the details: Jacob has to take care of the recording and pays for it, then delivers the CD to Less Avenged by August 1st. Less Avenged does promotion, merchandising, website management, and we have to pay for CD manufacturing through them (1,000 Cds for $950). CD sale profits split 60% to jacob, 40% to Less Avenged. And this is after Less Avenged has "covered costs" (wait, costs of what?). I'm a bit hazy on this last part. My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? I thought that a record deal meant that the label pays for recording! Any comments are very appreciated, and I will definitly show them to Jacob in my effort to reason with him! Philip |
#2
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Posted to rec.audio.pro,rec.audio.opinion
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#3
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Posted to rec.audio.pro,rec.audio.opinion
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wrote in message
oups.com... My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? It does not sound particularly bad in it's own right, but it may not be what you are looking for. With any deal, whether it is for a show, a manager, or a record deal, you have to keep in mind where you are on the path. You said the band hasn't even practiced yet, this tells me that you won't be able to get a good recording together by the deadline, so the deal is not good for you right now. Personally, I'd tell the label that "We don't feel we can give you a good enough product yet, give us a few months to figure things out." The first thing you need to do is practice your art, once the band meshes and you have your style nailed, then do some basic recording, even if it's just slapping your ipod into your mixer. These recordings aren't necessarily for you to sell, they are for you to perfect your art. With luck you might be ready to begin recording by December. At the same time you need to get out and do gigs (record them, but more on that privately). As for what a label usually does. Depending on the label they will more loan you the money than pay for things, and depending on the label they are somewhere between loan shark and Beelzebub, at least if the label is any good. The lona is typically paid back strictly out of your share of the proceeds until entirely finished. As to what their expenses are, among other things they have: CD shipping Order taking Logistics Mastering Publicity Those are probably the biggest expenses, but they can find more. The important things to remember with a label a Will you get what you really want? How much money will you make? I seperate these because the money is what they pay you because you're getting what you really want. Because of this you need to know how much they will be spending on publicity for you, what their average sales per band are, what the average band actually takes home, the ratio of management to bands, and other things that will become important to you. Now about Less Avenged. They appear to be what I will call a microlabel. With a microlabel you have generally one guy who does management of the CD sales, deals with contract negotiations for indie distribution, etc. The 1000 CDs is probably enough for that size label to sell for 3 years, so make sure you maintain rights to sell them at your shows. With a microlabel the quality of the label doesn't mean much because you won't be getting much distribution regardless of quality. With most microlabels you don't want to stick around for more than 1 CD because as your skills advance you'll want to move to a more powerful label, unless Less Avenged moves up with you which is a distinct possibility. The 60/40 split is not particularly good, nor particularly bad for this level. My recommendation is that you go label-free for a few months, see what level your sales are at, see what you lack in your distribution chain. A microlabel is a good choice for managing the headache of small-scale local distribution, but don't take the medicine before the headache. Joe |
#4
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Posted to rec.audio.pro,rec.audio.opinion
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I know nothing about recording or marketing, but are you not assuming *all*
the risk here? I mean, why not make a CD on your own money, as you would anyway, and then hit up companies for help with distribution if/when you need it. Why should you commit now to making a certain number of CDs, through their company, and committing to sell with them? This just does not make sense. Richard |
#5
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Posted to rec.audio.pro,rec.audio.opinion
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#7
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Posted to rec.audio.pro,rec.audio.opinion
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![]() wrote: My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. Said friend, Jacob, happens to have neighbors who own an indie record label ( www.lessavenged.com ). This means absolutely nothing. I can be an independent label simply by having a name and the means to advertise. These label characters have heard Jacob play two or three songs accompanied by his brother and sister on cello and violin respectively. No shows have been played, band hasn't practiced. Less Avenged wants Jacob to sign with them for a one-cd deal that will span one year. These are the details: Jacob has to take care of the recording and pays for it, then delivers the CD to Less Avenged by August 1st. Rather demanding of them, to want Jacob to pay for everything AND under a more than unreasonable deadline. Less Avenged does promotion, merchandising, website management, and we have to pay for CD manufacturing through them (1,000 Cds for $950). CD sale profits split 60% to jacob, 40% to Less Avenged. And this is after Less Avenged has "covered costs" (wait, costs of what?). I'm a bit hazy on this last part. My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? I thought that a record deal meant that the label pays for recording! Okay, here's where the rubber meets the road. Listen up: You should just cut out the middle man, Less Avenged Records, and do it all yourself. Why? Because you're being asked to foot the bloody bill for 90% of the cost in the first place. Here's what you do, and it won't cost you substantially more than you would be paying for now under the "terms" of their deal... Record your album. Send it to Disc Maker or whomever for pressing. DM even has a Mastering suite now so you can have that taken care of for about $500.00, a very good deal. Create a domain name, like your band's name, and buy it for $35.00 a year through Network Solutions or other provider. Learn HTML, which is easy, and create your own web site. Find a host, like Globat.com, and set up your site to sell the album. Use Paypal or other service for financial exchange. Mail off CD's. Make money. Use MP3.com and other sites that let you upload your music for free for the world to hear, as one form of advertising. All you gotta do is convert the .wav file to .mp3 format using Total Recorder (highcriteria.com) or similar program. Know anyone with video gear? Or you can rent it. Record a video and upload that to your web site along with sample material from the album for people to listen to. Get people who visit your site to sign up for a newsletter. Yes, it's work. But if you want to be a band and do shows and sell CD's and tour and all that stuff, you do the work you gotta do to make that happen. This is just a bit simplistic, but the basics have been laid out for you to understand how "easy" it is to promote your own band, create your own record label for distribution, and get it out to the whole planet. Since you're paying for everything up front, spend a little more and take that other 40 percent in salary to yourselves and not that smarmy label. --Fletch |
#8
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Posted to rec.audio.pro,rec.audio.opinion
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![]() wrote: My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. Said friend, Jacob, happens to have neighbors who own an indie record label ( www.lessavenged.com ). These label characters have heard Jacob play two or three songs accompanied by his brother and sister on cello and violin respectively. No shows have been played, band hasn't practiced. Less Avenged wants Jacob to sign with them for a one-cd deal that will span one year. These are the details: Jacob has to take care of the recording and pays for it, then delivers the CD to Less Avenged by August 1st. Less Avenged does promotion, merchandising, website management, and we have to pay for CD manufacturing through them (1,000 Cds for $950). CD sale profits split 60% to jacob, 40% to Less Avenged. And this is after Less Avenged has "covered costs" (wait, costs of what?). I'm a bit hazy on this last part. My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? I thought that a record deal meant that the label pays for recording! Any comments are very appreciated, and I will definitly show them to Jacob in my effort to reason with him! Philip Sounds like the old "custom record deal" to me, which I haven't heard of since the 70's, much like vanity publishing for authors (books). I would politely DELCINE! 3'fkta. |
#9
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Posted to rec.audio.pro,rec.audio.opinion
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ptk921 wrote ...
My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. Said friend, Jacob, happens to have neighbors who own an indie record label ( www.lessavenged.com ). These label characters have heard Jacob play two or three songs accompanied by his brother and sister on cello and violin respectively. No shows have been played, band hasn't practiced. Less Avenged wants Jacob to sign with them for a one-cd deal that will span one year. These are the details: Seems remarkably suspicious unless you left out some other salient facts. Especially for a band that does not yet actually exist in the real world. What is Mr. Avenged's track record with those other bands? What genre of music would your band play if they were "together in the same room"? I didn't see much that would suggest that any ot the other bands were using either celli or violins. Jacob has to take care of the recording and pays for it, then delivers the CD to Less Avenged by August 1st. Why the short fuse? Seems completely out of touch with reality for a band that has yet to even schedule the first practice. Less Avenged does promotion, merchandising, website management, and we have to pay for CD manufacturing through them (1,000 Cds for $950). CD sale profits split 60% to jacob, 40% to Less Avenged. And this is after Less Avenged has "covered costs" (wait, costs of what?). I'm a bit hazy on this last part. Go to a Hollywood (or New York) restaurant and chances are significant that you will be waited on someone who would otherwise be independently wealthy from their share of the movie/CD/whatever if the "costs" hadn't eaten up all the profits. Have you seen "The Producers"? (Either the original or the remake.) Do you think it is fiction? |
#10
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Posted to rec.audio.pro,rec.audio.opinion
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Carey Carlan wrote:
wrote in news:1149110856.986773.213670 : My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? I thought that a record deal meant that the label pays for recording! So you pay to record the music and duplicate the CD's, all out of pocket. He gets to recoup all of his expenses (no out of pocket) before you two split the remaining funds 60/40. But, if the record doesn't sell, you don't have to pay the promotional costs, the label does. So the label is taking SOME risk. How much of a risk? That depends on how much they are putting down on the table for promotion. You need to make sure that they are laying out at least as much money as you are, and you need to have that in the contract. This sounds to me like it could be better than doing everything yourself, or it could be worse. Depends on how much money the label is putting out up front for promotion and what they are doing with it. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
#11
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Posted to rec.audio.pro,rec.audio.opinion
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#12
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Posted to rec.audio.pro,rec.audio.opinion
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Chevdo wrote:
Umm, ok and how exactly are they going to promote a band they haven't even heard before? This is a joke. Legit record labels sign bands they've heard, not ones they haven't. It's possible they really liked something they heard and are gambling on that, blah, blah... g But, what have they really done for any of their artists? What can they really do for these folks? I think Joseph Ashwood's comments are apt. Maybe it's a good thing, and maybe not, but it's definitely too soon to tell. -- ha |
#13
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Posted to rec.audio.pro,rec.audio.opinion
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Signal wrote:
ptk921 emitted : My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. It's a farce.... There are lots of bands like that. -- ha |
#14
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Posted to rec.audio.pro,rec.audio.opinion
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![]() Chevdo wrote: Umm, ok and how exactly are they going to promote a band they haven't even heard before? This is a joke. Legit record labels sign bands they've heard, not ones they haven't. On this we agree. In fact it sounds like there really isn't even a band yet. But there are dreams, and that's what the music BUSINESS is all about. |
#15
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Posted to rec.audio.pro,rec.audio.opinion
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In article Dosfg.308$A8.126@clgrps12, Chevdo wrote:
Umm, ok and how exactly are they going to promote a band they haven't even heard before? This is a joke. Legit record labels sign bands they've heard, not ones they haven't. These days, legit record labels don't sign anyone, they just sell their back catalogue. But that's ANOTHER rant for a different day. --scott -- "C'est un Nagra. C'est suisse, et tres, tres precis." |
#16
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Posted to rec.audio.pro,rec.audio.opinion
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On Thu, 01 Jun 2006 04:59:38 +0000, hank alrich wrote:
Signal wrote: ptk921 emitted : My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. It's a farce.... There are lots of bands like that. It's an economically sound way to make money in today's music industry. All the expensive and messy song writing, gigging and rehearsal is a thing of the past. Just turn up at the studio, have the engineer piece together a song from their sample collection, then let the singer shout a few words over it. Once the words have been pitch shifted into a tune, the record is complete. Then, give the engineer no ****ing credit on the record, sell a couple of hundred copies to family and friends to cover studio time and after that it's pure profit. Bitter? Me? |
#17
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Posted to rec.audio.pro,rec.audio.opinion
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![]() wrote My major question: Does this deal seem shady or subpar in comparison with the "normal" sort of contract extended to new artists? I thought that a record deal meant that the label pays for recording! While micro-labels are changing the face of the recording industry the historical shape of the associated legal contracts has changed less. Artists generally do no receive any royalties until the recording company has recovered all recording and other expenses. The cost of recording depends on may factors including the level of perfection desired. For new artist they can range from $80K to 150K for one album. The RIAA reports that 85% of album releases do not recover their costs. In regard to royalties, new artist usually receive 7 to 12 percent of the MSRP for domestic sales. A superstar (one who can negotiate beyond standard boilerplate contracts) may start at 15% or more. Never enter into a recording arrangement without a well reviewed contract. Litigation is VERY expensive and you stand little change of prevailing. If you're interested in understanding more about the process check out: This Business of Music, the Definitive Guide to the Music Industry, 558 pages, cost about $30. |
#18
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Posted to rec.audio.pro,rec.audio.opinion
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It seems to me that the artist and the label are taking equal overall
risks here. Best case scenario here would be that you do a great job making a record (something the label can't do) and they do a great job selling it (something you can't do). I would negotiate to have the band pay for the recording (giving the label observational status but no supervisory authority), and to have the label pay for replication, marketing, etc., and to split all profits 50/50, from the first CD sold. If all you do is play a few gigs a year for a few people, get a MySpace page, and sell your CD through CDBaby, you probably won't make a profit. If you improve each of these (play regularly for hundreds or thousands of people, have a decent website, sell through major retailers, etc.), you stand a chance to start something. I agree that you won't make much from this and it will probably take you 2-3 years to sell the 1000 discs, but if you make this and then go to work on your second record, sales of both titles will probably increase (and marketing $$$ will be able to be spent more efficiently). Shady? More shady than Sony/BMG, WB, Uni, etc.? wrote: My friend and I have just VERY recently got a band together. We havn't even all been together in the same room. Said friend, Jacob, happens to have neighbors who own an indie record label ( www.lessavenged.com ). .... Philip |
#19
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Posted to rec.audio.pro,rec.audio.opinion
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Powell @ wrote:
If you're interested in understanding more about the process check out: This Business of Music, the Definitive Guide to the Music Industry, 558 pages, cost about $30. A much better ref for most musos is: _The Musician's Business & Legal Guide_ Compiled and Edited by Mark Halloran Prentice-Hall ISBN 0-13-237322-X -- ha |
#20
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Posted to rec.audio.pro,rec.audio.opinion
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![]() "hank alrich" wrote If you're interested in understanding more about the process check out: This Business of Music, the Definitive Guide to the Music Industry, 558 pages, cost about $30. A much better ref for most musos is: Why? How is it different? _The Musician's Business & Legal Guide_ Compiled and Edited by Mark Halloran Prentice-Hall ISBN 0-13-237322-X Add to the short list: Legal Aspects of the Music Industry, An Insider's View of the legal and Practical Aspects of the Music Business by Schulenberg, MSRP $30. |
#21
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Posted to rec.audio.pro,rec.audio.opinion
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This isn't a recording contract. You're buying a promotion service
and CD manufacturing. Check just what that $1-per-CD covers. CDs packaged and wrapped, ready for sale? Or something else? How does that compare with the cost of production if you bought direct? Are you really hoping this CD makes it big? Or will it provide a moderate but steady income on sale after gigs etc? After the year is up, who retains ownership of the product? |
#22
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Posted to rec.audio.pro,rec.audio.opinion
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On Thu, 01 Jun 2006 02:36:19 GMT, (Chevdo) wrote:
Umm, ok and how exactly are they going to promote a band they haven't even heard before? This is a joke. Legit record labels sign bands they've heard, not ones they haven't. Oh, you can market anything, within reason. And "reason" has a habit of stretching :-) |
#23
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Posted to rec.audio.pro,rec.audio.opinion
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Laurence Payne wrote:
This isn't a recording contract. You're buying a promotion service and CD manufacturing. True. The bottom line has emerged as a question: "How well do we trust their ability to promote?" and "Is this 'ability' worth 40% of cd sale profits (if there are any)" Check just what that $1-per-CD covers. CDs packaged and wrapped, ready for sale? Or something else? How does that compare with the cost of production if you bought direct? After the year is up, who retains ownership of the product? These are some of the ponderings that have led us to step back and do it independantly for a while. Thanks to all who have commented and continue to comment! The lure of "being on a label" has been triumphantly subdued by the powers of reason and logic, and a little informational help from some friends... thanks Philip |
#24
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Posted to rec.audio.pro,rec.audio.opinion
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The deal as presented sounds a bit odd to me: First you write a
contract. Then you make and pay for the record and then if you are lucky the company is good at selling it. During the year your hands are tied by the contract. As you are going to pay for the recording anyway, why not start there. Write the songs and record them - then go around to several different companies and see which can sell the record the best. Only a thought. Gunnar |
#25
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Posted to rec.audio.pro,rec.audio.opinion
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#26
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#27
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Posted to rec.audio.pro,rec.audio.opinion
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"seriousfun" wrote ...
I would negotiate to have the band pay for the recording (giving the label observational status but no supervisory authority), Assuming that the label has no A&R expertiese to contribute? Shouldn't that be part of what they are bringing to the party? What if they end up with something they can't promote? |
#28
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Posted to rec.audio.pro,rec.audio.opinion
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"Laurence Payne" wrote ...
This isn't a recording contract. You're buying a promotion service and CD manufacturing. Indeed. Check just what that $1-per-CD covers. CDs packaged and wrapped, ready for sale? Or something else? How does that compare with the cost of production if you bought direct? Even if I were sold on this promoter/label, I would certainly shop around independently for replication/packaging if I were paying for it. Why should the promoter/label have a stake in it? After the year is up, who retains ownership of the product? And a few dozen other questions which would make it valuable to have an entertainment attorney on the artists' side. Any of the band members have parents/relatives/friends who are attorneys? |
#29
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Posted to rec.audio.pro,rec.audio.opinion
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Powell wrote:
"hank alrich" wrote If you're interested in understanding more about the process check out: This Business of Music, the Definitive Guide to the Music Industry, 558 pages, cost about $30. A much better ref for most musos is: Why? How is it different? It's much less a lawyer's/executive's/manager's manual and much more a detailed look at the legal mechanics of the music business from an inexperienced musician's perspective. Most of it is written in layman's language and unfolds as the story of a band, what they should have done, what they did, and the consequences thereof. It is both rich in humor and irony and also loaded with legalities. It offers actual major label contracts where only the names of the usurious are altered to avoid legal repercussions. It details what the record company's language means in human terms and demonstrates, in language appropriate for such a contract, what a band or musician might seek instead, almost paragraph by paragraph. _The Musician's Business & Legal Guide_ Compiled and Edited by Mark Halloran Prentice-Hall ISBN 0-13-237322-X Add to the short list: Legal Aspects of the Music Industry, An Insider's View of the legal and Practical Aspects of the Music Business by Schulenberg, MSRP $30. Thanks. I'll get a gander at that. -- ha |
#30
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Posted to rec.audio.pro,rec.audio.opinion
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![]() I am the bass player from said "band". A significant problem that we have that has not been mentioned yet is that our extremely talented drummer is leaving around august to attend the Berkley school of music. We really want to do an ep/lp with this guy before he leaves, so we do not really have time to take our band on a few "dates". We have been looking for a drummer for a VERY long time and we only found this guy with the help of said record label. The reason we want to recored with this guy is so we can get a good sounding cd out, get our name out, and then be able to find a decent drummer fast by simply stating that we are auditioning. |
#31
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Posted to rec.audio.pro,rec.audio.opinion
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"sam" wrote in message
oups.com... I am the bass player from said "band". A significant problem that we have that has not been mentioned yet is that our extremely talented drummer is leaving around august to attend the Berkley school of music. We really want to do an ep/lp with this guy before he leaves, so we do not really have time to take our band on a few "dates". We have been looking for a drummer for a VERY long time and we only found this guy with the help of said record label. The reason we want to recored with this guy is so we can get a good sounding cd out, get our name out, and then be able to find a decent drummer fast by simply stating that we are auditioning. That's a different matter entirely. Then I'd suggest you record everyone on different tracks, treat CD #1 as a demo (except the drummer), use the drum track for practice, and incrementally record better tracks over it to perfect the CD. Just don't count on sales of CD #1, in fact I think 1000 is probably 900 too many. Still not sure about the label deal . . . . . Joe |
#32
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Good point, I don't, however, know how much A&R experience any label
can contribute these days. If the band makes the recording, they can keep it and have the rights to it. If the label pays for it, naturally they would have more input, and possibly a more compelling reason to effectively promote it. The fact that the label has already helped the band by connecting them with a drummer shows that they have interest in the project. I still think a 50/50 deal of some sort is the best way to go in this case. Doug Osborne Richard Crowley wrote: "seriousfun" wrote ... I would negotiate to have the band pay for the recording (giving the label observational status but no supervisory authority), Assuming that the label has no A&R expertiese to contribute? Shouldn't that be part of what they are bringing to the party? What if they end up with something they can't promote? |
#33
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Posted to rec.audio.pro,rec.audio.opinion
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![]() "sam" wrote in message oups.com... I am the bass player from said "band". A significant problem that we have that has not been mentioned yet is that our extremely talented drummer is leaving around august to attend the Berkley school of music. We really want to do an ep/lp with this guy before he leaves, so we do not really have time to take our band on a few "dates". We have been looking for a drummer for a VERY long time and we only found this guy with the help of said record label. The reason we want to recored with this guy is so we can get a good sounding cd out, get our name out, and then be able to find a decent drummer fast by simply stating that we are auditioning. POOOF!!! Look behind door number 3 -- Posted via NewsDemon.com - Premium Uncensored Newsgroup Service -------http://www.NewsDemon.com------ Unlimited Access, Anonymous Accounts, Uncensored Broadband Access |
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