smy1
Member
Once again - pay a MUSIC/ENTERTAINMENT lawyer, once you have the contract. Don't even consider using a non-specific lawyer. We are currently sueing a multi-media group and they are getting raped in court because they asked their friend (lawyer) to defend them. This guy doesn't know the basics about copyright law and currently our opponents bills are 10 times of what the original sum in dispute was. Even the court suggested out-of-court settlement to avoid ruining them. And all because their lawyer was too "inexperienced" with the subject matter ...
But aside from that: music industry contracts are a world of their own and while everyone told me that my former record label was fair and generally has a good reputation, my lawyer (very music industry experienced, with clients from Nana to Tokio Hotel) sent the original contract back with the words "You can't be serious!" ... and of course they were not serious. They were just trying to get the maximum amount possible.
Think of it this way: nobody at a record label like NB is doing this for the music. Nobody. If they don't sign you, they'll sign someone else. They do this for the money (and they do make good money, despite the constant whining) - and usually the bands never see any of that money.
Right now you are thinking "Wow, Nuclear Blast, wow wow!!" but in the end when you come home from 2 months of touring with less money than before, rent to pay and other obligations, you'll think "WTF did I give up those extra 50% on the merch??". And especially when the label drops you because you didn't sell as much, you'll think "Great, 2 years of shitty gigs and hard work and all I got was debt?".
I am purposely painting a grim picture because that's how it ends 95% of the time. Especially with ultra-niche bands like yours.
The lawyer won't be able to prevent any of that. But he might at least work the contract in a way that in the end you can a) leave the contract b) remain with copyrights and rights associated to the band etc. and c) actually get a decent percentage of sales.
P.S.: To think that the guy from Sony is on your side is naive at best. He might actually get percentages for discovering new bands that get signed (unusual in Germany, but who knows ...) and he has absolutely no incentive to tell you about the bullshit that's going on behind the scenes. Especially not if he is working with other bands that are signed with Nuclear Blast.
P.P.S.: If you are poor: some music industry lawyers work out their payment based on a percentage of the advance. That way you don't have to front any cash.
But aside from that: music industry contracts are a world of their own and while everyone told me that my former record label was fair and generally has a good reputation, my lawyer (very music industry experienced, with clients from Nana to Tokio Hotel) sent the original contract back with the words "You can't be serious!" ... and of course they were not serious. They were just trying to get the maximum amount possible.
Think of it this way: nobody at a record label like NB is doing this for the music. Nobody. If they don't sign you, they'll sign someone else. They do this for the money (and they do make good money, despite the constant whining) - and usually the bands never see any of that money.
Right now you are thinking "Wow, Nuclear Blast, wow wow!!" but in the end when you come home from 2 months of touring with less money than before, rent to pay and other obligations, you'll think "WTF did I give up those extra 50% on the merch??". And especially when the label drops you because you didn't sell as much, you'll think "Great, 2 years of shitty gigs and hard work and all I got was debt?".
I am purposely painting a grim picture because that's how it ends 95% of the time. Especially with ultra-niche bands like yours.
The lawyer won't be able to prevent any of that. But he might at least work the contract in a way that in the end you can a) leave the contract b) remain with copyrights and rights associated to the band etc. and c) actually get a decent percentage of sales.
P.S.: To think that the guy from Sony is on your side is naive at best. He might actually get percentages for discovering new bands that get signed (unusual in Germany, but who knows ...) and he has absolutely no incentive to tell you about the bullshit that's going on behind the scenes. Especially not if he is working with other bands that are signed with Nuclear Blast.
P.P.S.: If you are poor: some music industry lawyers work out their payment based on a percentage of the advance. That way you don't have to front any cash.