Music Business/Law Tips - "360 Record Deal"

In today's record business the "360 Record Deal" is becoming a common arrangement - especially with a new artist - since the label will probably feel that its only worth the effort to spend marketing and promotion dollars to launch an act if they can share in revenues above and beyond simply record sales (e.g., merchandising, publishing, touring). Some of the key areas that need to be considered in a 360 deal negotiation are as follows: 1. Ownership of masters (work for hire vs. license) 2. Term of deal (how many options) 3. Territory (worldwide vs. certain countries) 4. Royalties (records, licensing, streaming, mechanicals) 5. Recording Budgets (advances vs. funds) 6. Marketing/Promotion (radio, video, tour support) 7. Creative Control (approvals) 8. Record label ancillary participation (“360” rights) 9. Out clauses (early termination - guaranteed release, distribution, key man) 10. Side agreements (producers, musicians) Ben McLane Esq benmclane.com