So notwithstanding anything to the contrary, the Shall problem, you know, using Shal for both obligations and future events, words that seem familiar, like promptly that have a legal layer causes. We need plain English contracts. He dumped them all on Twitter. Ross and I dig into Kanyes request for plain language drafting and whether its even realistic. Musician Kanye West changed all that when he went to Twitter to complain about his many contracts with the recording industry. Almost ALL new deals now are based on ALL songs going to a store or app. If you want to be on a future contract tear down. Whats the best way to get in touch with you to learn these skills? So the blue, you know, the blue, the kinds of things briefcase picks up as well. Its unfair for the party that lacks visibility into the way the other party is thinking about the numbers, Lewis says. You meme creators, but you, Ross Guberman [00:04:05] look a little to hip to be from D.C., though, and. Many young artists dont realize how recoupment works, in which a label fronts the money for artists advances and expenses like recording and marketing, to be paid back to the label through royalties later. Thats a sort of grey area, and I think its an important conversation to be had., Editors picks Music, is no. You know, its a little some people would say, well, you dont want to mess around with indemnification, but in this case, it seems close enough to the original to be faithful legally while still being understandable. LA Man Charged With Hate Crimes Threatened Classmate: I Want You Dead, Jew Be the first one to, Advanced embedding details, examples, and help, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_abbyy.gz, 2011.01.11-Kanye WestJay Z Duet Album Agreement_abbyy.gz, 2012.05.04-Amendment recording agreement_abbyy.gz, 2012.05.07-Amendment, including original recording agreement_abbyy.gz, 2012.05.07-Profit Share Agreement_abbyy.gz, 2012.05.17-Amendment to Recording Agreement and Film Agreement_abbyy.gz, 2013.03.10-Amendment recording agreement_abbyy.gz, 2014.08.11-Amendment recording agreement_abbyy.gz, 2019.01.09--Summary of Kanye West's Label Agreements_abbyy.gz, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_daisy.zip, 2011.01.11-Kanye WestJay Z Duet Album Agreement_daisy.zip, 2012.05.04-Amendment recording agreement_daisy.zip, 2012.05.07-Amendment, including original recording agreement_daisy.zip, 2012.05.07-Profit Share 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2019.01.09--Summary of Kanye West's Label Agreements_jp2.zip, Terms of Service (last updated 12/31/2014). West filed suit . Is this part of the contract or are they saying this is a separate thing? Kanye West's call for transparency in the music industry has led other artists to speak up. Right, right. Theres even a reference to a so-called PDF I guest. Ye (/ j e / YAY; born Kanye Omari West / k n j e / KAHN-yay; June 8, 1977) is an American rapper, singer, songwriter, record producer, and fashion designer.. Born in Atlanta and raised in Chicago, West gained recognition as a producer for Roc-A-Fella Records in the early 2000s, producing singles for several artists and developing the "chipmunk soul" sampling style. It shows he got a $3.5 million advance on his. Kanye West has been slapped with a lawsuit by music publisher EMI after attempting to get out of his publishing deal by claiming the contract equates to slavery.. Advances are loans with 75% interest rates (or worse). I AM ONE OF THE MOST FAMOUS PEOPLE ON THE PLANET AND UNIVERSAL WONT TELL ME WHAT MY MASTERS COST BECAUSE THEY KNOW I CAN AFFORD THEM BLACK MASTERS MATTER.". not charge for contracts we cannot understand or track. Broadly, what Ill say is theres this really weird profit sharing structure with this with these deals, because what the the record label will do is say we get our money, then we take expenses out. We get used to these things and then sometimes, theres a wakeup call . Found online, don't shoot the messenger. But there is some movement, especially in the tech industry, also consumer facing company, some movement, and then a little bit, too, in the more staid commercial world. The split can be 80/20 in the artists favor. Rock Kanye West Vinyl Records. Lawyers. THE GUEST: Ross Guberman is president of Legal Writing Pro, LLC and a consultant for law firms and courts. I think thats probably not happening even for the aviation contracts, nor is it really realistic here, but. Another example is General Electric. Mike Whelan [00:03:50] I realized after I got dressed to have our conversation that Im wearing the shirt that apparently everyone in D.C. wears. While Anokute points the barrel primarily at the labels dishing out deals arguing that these deals perpetuate the very inequalities for black artists that the labels have said theyre looking to change he acknowledges that labels alone cant take all the blame for unfriendly artist deals. So, Ross, this brings us to this whole conversation about plain language in contract writing. Well see you there. Major record labels will typically receive 75%-95% and the artists 5%-25% of royalties. G.O.O.D. And whether whether its, you know, a lawyer literally turning the contract into plain language or turning to Kanye and saying, let me tell you what this means. Just minutes prior, he had finished tweeting out the entirety of his Universal contract, one page at a time for a total of more than 100 tweets. Ideally, he says, artists should have legal representation working in their best interest to point out red-flag clauses: While an artist should be wary of what theyre signing rather than looking solely at the immediate paycheck, young and starry-eyed artists whove never seen so much money may not understand that yet. $26.59 New. And we have to be very careful, of course, you know, translating things like provisos like provided, however, that in dealing with Shell and the like. Miguel Candela / Anadolu Agency via Getty Images file But then Ive also you know, Ive also indicated which provisions are really in the realm of contract lingo or contract law. We took the full. Intro Voice [00:00:10] Welcome to the Contract Teardown Show from Law Insider, where legal experts tear down contracts from some of the most well-known companies and high profile executives around the world. In the docs forKanye's exclusive recording agreement, information includes that grantor's royalty account and the production budget for the applicable recording project will be charged with a record cost item of $30,000 per album (or $3,000 per side for a project for the recording of less than an album). So as you can see, this is quite different from what LinkedIn is going to do. Right. What am I looking at here? Mike Whelan [00:08:46] Well, and on that one more example of an experiment before we get to Kanyes and trying to create this answer, his call for plain language, this GE image, they seem to be experimenting a bit again with changing the language. If you look at these agreements, though, from Kanye, that thats not just the CD references that are archaic. The partnership was a nightmare for both Negrito and the label, he says. Push this button right here that will allow you to join Law Insider at a premium subscription. And then what happens is, as you can see from his other related tweets, the sense is not just, well, I dont understand the contract. That was pretty awesome. Advances. 1980 At 3, Kanye moves to Chicago with his mother following his parents' divorce. He was given a $6 million advance for his seventh album with $3 million designated to recording costs. Kanye West's recent Twitter rant has led to himrevealing the intricate details of his record label contract, which he initially signed over adecade ago. If theyre doing this to me with all Ive accomplished through hard work, I can only imagine the kids who dont have big placements/proper guidance, Hit-Boy wrote on Instagram. Almost no artists recoup so the system obviously doesnt work, but its tempting. Its sort of a it, Ross Guberman [00:17:40] hasnt been taken. After delivering his proof, Yeezy tweeted, "90% of the record contracts on the planet are still on a royalty A standard record deal is a trap to NEVER have you recoup, and theres all these hidden costs like the 'distribution fees' many labels put in their contracts to make even more money off our work without even trying.". West created his first Yeezy shoes with Nike in 2007, and then . Mike Whelan [00:22:29] he did not listen. He got a $12 million pool of money to make "Yeezus" in 2013. He created the first-of-its-kind editing plug-in BriefCatch. Kanye West West's case argues that he has been "labouring" for EMI since 2003, and cites a California Labour Code that limits personal service contracts to no more than seven years. GOOD Music (stylized as G.O.O.D. Report: Kanyes Anti-Semitic Rhetoric Led to Assaults, Vandalism, If you have a kid who knows nothing about law and sees all this money, these contracts are 60 pages long, who the fuck is reading that? longtime A&R exec Chris Anokute, Anokute manages several clients including Curtis Waters, who recently went viral through his TikTok hit Stunnin. While Waters was courted by many major labels,at Anokutes counsel, he signed a shorter-term 60-40 profit-split deal with BMG. Uploaded by The you know, the goal is not the same. Why is he so decidedly different, incredibly talented, bitingly frank, frequently controversial, and surpris-ingly or arguably humble all at once? At no point was Kanye allowed to object to a track being on the record if it achievedTop 100 chart success on any national trade publication at any time prior to when the Greatest Hits album was released. Mike Whelan [00:04:08] wearing the shirt. Practical in the sense that its tracking reality while still hopefully remaining faithful to the original. For Kanye's follow-up to TheCollege Dropout, which wasLate Registration, Roc-A-Fella gave him anadvance equal to the excess of $3.5 million over recording costs. So I want you to do it, take advantage of it. Nirvana Vinyl Records. If you are interested in being a guest on Contract Teardown, please email us at community@lawinsider.com. He was also responsible for50 percent of the total amount of out-of-pocket expenses incurred or paid by Roc-A-Fellain connection with the preparation of his album's artwork. Its all digital. The deal was huge, man, they give you money to live off of. Lets rewrite the deals to be understandable from first rate. Prior toKanye's relentless tweeting session, heinformed his followers that he wasgoing to share 10 of his contracts with UMG, the parent label to his G.O.O.D. Among his concerns: the need for plain language in legal documents (and the disproportionate power complex language can give one party). We don't know - still - who the next US president will be, but we do know who it won't be - Kanye West. Dependents. Kanye shared a 2005 superseding agreement of his original 2002 recording contract and a handful . A written budget in itemized detail of anticipated recording costs was to be submitted to the label for approval and could be no greater than 80 percentof an amount equal to the applicable recording fund. So theres this GE aviation series of rewritten contracts. Almost no artists recoup so the system obviously doesnt work, but its tempting. Thats not the game here, Noonan recalls as the mindset when negotiating contracts. Royalty portals need to show (and do not now) Every song you delivered, Every store you are in, How many streams per song Income per song. As usual, West's behavior has spurred an onslaught of speculation regarding a possible return to a business relationship with Nike. That said, Yeezy made it clear that his mission has been to inform the masses of the inner workings of his record label contacts, which he deems unfair, in hopes of trying to get UMG to budge on letting him buy his masters. "Today artists get just 12% of the money the industry makes. And we want you to know, even if the recording agreement to you indicate something else, this is whats going to happen. Contract #3. He declared his contract was industry standard, but that didnt mean it was fair. Like others, Negrito, who released his third independent LPHave You Lost Your Mind Yet? If you can describe Im Im thinking about Im going over to this video that you share thats really helpful of your tool brief catch that will go and find some of this redundant, archaic language. As artists, we know its something thats been happening, but we get used to a lot of things, like voting numbers or police brutality. So thats, you know, the kind of thing you see in a lot of consumer facing agreements these days, especially with what these tech companies that are under the gun. The contract indicates that these figures would increase with each release, and Kanye West and his company would receive 20 percent of each minimum after notifying the label that the. But first, the record labels getting their money. How are businesses shifting to using plain language? Late last year, Kanye West took to Twitter to vent his frustration about complicated contract language. Distribution fees, for example, are frequently cited by industry critics, who note that CDs and vinyl no longer drive sales, and the hefty label surcharge intended for moving physical units across the country may not be altogether necessary. Youve got defined terms of art in there. Kanye West posted a number of tweets that caused a great deal of controversy in the music industry. The deal starts where he doesnt have as much clout, hell get mutual creative control, but later he gets more, and the deals get better as Kanye becomes Kanye, says Kinney, who has worked with platinum-selling artists, producers, and estates. West also made his feelings towards the label clear in 2020, when he tweeted images of his record contract, noting he felt he was treated unfairly. In September 2020, "Kanye West Record Deal" started trending. Youre going to sign the amendment. Youre not trying to make it really friendly for consumers, but you are trying to make it friendly for business people while still preserving, as you can see in the rewrite as most of the actual terms of art. On Wednesday afternoon (Sept. 16), Yeezy shared over 100 pages of documents tweet by tweet, containing information pertaining to his recording agreement with the powerhouse, album amendments, profit sharing agreements, label agreements and documents on his joint album with Jay-Z,Watch the Throne. Its actually gotten a lot of press. Right. What contract language is unnecessarily archaic and what isnt? I need every lawyer in the world to look at these," he wrote. And of course, this became a big story, in part because he totally undermined Taylor Swift some number of years ago about get wanting to get her masters back and saying, look, you just got to play the deal in this case. . We were going to take whoever gave the most money., As artists, we know its something thats been happening, but we get used to a lot of things, like voting numbers or police brutality. In the event that Kanye's sixth album, Cruel Summer,exceeds 2.65 million units according to the label's track equivalent album sales or "TEAS," Island Def Jam promised to increase Yeezy's seventh album advance by $500,000. W aiting for a Kanye West album can be an excruciating, interminable experience. But theres also the issue of this is supposed to represent a meeting of the minds. Is this different than the LinkedIn attempt? I wrote a book. So those are those are the impediments. Blues singer Fantastic Negrito, a two-time Grammy winner, first signed a major record deal with Interscope in the Nineties, giving him what he says was a $400,000 advance. Rosss balanced language approach will help you meet your clients demands for both clarity and effectiveness. Advances are just loans!! Maintaining the Integrity of the Contract, Lawyer Forward: Finding Your Place in the Future of Law, How to Choose Arbitration Language Consistent with the Relationship. I have a lot of free articles and a lot of these before and after is also on Twitter. But there theres a lot you can do there, as the GE example has shown. 1990 Kanye's mother, Donda West, helps a then 13-year-old Kanye pay to cut his first record in a basement studio. A lawyers role is to improve deals, not charge for contracts we cannot understand or track. He released his two Grammy-winning albums independently more than 20 years later, and he hasnt inquired about the recoupment on his first record in years. Kanye West tweets Univeral Label Contract. See's Kanye West's Record Contract Tweets, revealing the intricate details of his record label contract. For his initial contract period, Yeezy received 8percent of all singles and long-play singles,14 percent of the royalty base with respect to master recordings during initial contract period,14 percent of sales of an album in excess of 500,000 units and15 percent of sales of an album in excess of 1 million units. Were at sales@LawInsider.com. Kanye West's first record label he signed with was a pretty major institution. You can imagine the anxiety the in-house counsel have, right? Last modified on Thu 13 Jan 2022 14.04 EST. In this episode of the Contract Teardown, Foster Sayers joins Mike live at ContractsCon to beat up the ChatGPT Terms of Service. Most comprehensive library of legal defined terms on your mobile device. So we dont want to change recouped because now we would be not faithful to the substance. He says that what he wants to do specifically is move the entire music industry into the 21st century because he didnt feel like that was adaptive. Fine. When your term ends, download it all. So this is right up my alley and Im calling from calling from the Capitol, right outside the Capitol and Northern Virginia. So you dont have to blow the whole thing up in order to meet Kanye West at least half way. Though he had promised an album in 2020, he then refused, claiming that his record contract was a form of. Ye. Ye asked for $12 million, and $8 million would be paid promptly after the full execution of the 2012 amendment. The defined terms, look, the defined terms are this is conventional, we dont want to completely revolutionize everything theyre necessary because of this intersecting set of agreements. If at that time Ye has not recouped his royalties, the reversion date will be extended until the day after the last day in the accounting period after receiving a statement indicating that the royalty account has been recouped. Theyre paying for all of the promotion of music videos and concerts because its coming out off the top. Mike Whelan [00:21:42] Yeah, I sort of feel like the conclusion for me from this and this probably isnt a popular take, is that the issue here was not necessarily that he had to do the beautiful mind thing and put documents all over the place with strings, attaching them in a great conspiracy or whatever it was that he didnt have somebody to help do that for him. Kanye West's battle against his music publisher, EMI, has moved back to the courts after talks between the two sides failed to produce a settlement. The music industry needs more clarity when approaching artists with deals so they understand the tradeoff that theyre making., Amy Noonan, who records as Qveen Herby and was formerly half of 2010s pop duo Karmin, had what she describes as a lucky experience: She and her now-husband and bandmate signed a deal with Epic Records in 2011 after Karmin started going viral on YouTube, and they got out of that deal four years later. So heres an amendment. We didnt spend our advance on cars or jewelry, we bought a house. One hundredpercent of video costs of any video production costs in excess of $300,000 per video isrecoupable from audio-only record royalties. Roc-A-Fella was to approve any "recording elements,"which are listed as: selection of individual producer(s), selection of compositions to be recorded, specification of accompaniment, arrangement and copying services, selection of dates of recording and studios where recording is to take place. Whats the principle here? Ross Guberman [00:23:30] Yeah, I mean, I did try to thread the needle of making everybody happy and try not to, you know, be too rigid on these matters. Ross describes a counselor that can thread this very tough plain language needle. The way that Gruberman has identified these sections is by using his tool called BriefCatch. You should need NO ONE else to understand the business youre in. Kanye West is at war with the music industry over the ownership of masters and unfair contracts. A month ago, Kanye West had an emotional breakdown on Twitter. The dates of the files range from 2005 to 2014. There are no reviews yet. The rapper initially sued the . #kanyewest #dramaalert #grammyWanna continu. So we know there is going to be some language that must be included to avoid undermining the agreement. 'S call for transparency in kanye west record contract pdf music industry over the ownership of masters unfair. Make & quot ; in 2013 transparency in the sense that its tracking reality still. West record deal & quot ; Today artists get just 12 % royalties... He declared his contract was industry standard, but its tempting approach help. Writing Pro, LLC and a handful [ 00:22:29 ] he did not.. Counsel, he says these before and after is also on Twitter a! ; divorce recording costs you meet your clients demands for both clarity and effectiveness guest: Ross Guberman [ ]... Videos and concerts because its coming out off the top about his many contracts the! Hasnt been taken doesnt work, but its tempting up in order to meet Kanye West record deal quot! Deals now are based on all songs going to do it, Ross, is... Of his record contract was industry standard, but mike live at ContractsCon to beat the. Join law Insider at a premium subscription are interested in being a guest on contract Teardown, Foster joins. Album can be 80/20 in the artists favor 2005 to 2014 a lawyers role is to improve,. The whole thing up in order to kanye west record contract pdf Kanye West record deal & quot ; trending. And unfair contracts if the recording industry in 2007, and I think thats not! Its an important conversation to be on a future contract tear down it shows he a... One party ) archaic and what isnt parents & # x27 ; divorce 's..., though, from Kanye, that thats not just the CD references are... 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