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ARTIST
Artists
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A recording artist, vocalist, and/or instrumentalist
(i.e., a skilled musical performer), who is under contract to
record for a record company or who has previously released a commercial
recording. See Cross-links: SUPERSTAR, MANAGER,
MANAGER-A CLOSER LOOK,
RECORD COMPANY, RECORDING
SESSION, BUSINESS under "Employee Business Expense,"
CONTRACT-RECORDING CONTRACT clauses #21 and #22, NAME
under "Pseudonym."
.
.
Artist Income:
Recording artists
receive income in various forms to include royalties, wages, and
flat fee payments. Royalties received may include royalties from
CD, music video DVD and CD-ROM sales, and also from the merchandising
of their name and likeness. If they are also songwriters and own
all or part of the publishing rights to their created works they
would receive writer and song publishing royalties. They could
receive royalties or use fees for television advertisement commercials
in which they appear or perform. They could receive income form
their endorsement of consumer goods. They may receive work for
hire fees for special work projects or union scale wages for various
reasons such as playing as a sideman in a recording session or
working as a music contractor. Or, they could receive flat fees
for radio and television appearances. See Cross-links: ARTIST,
ROYALTY, TAX AVOIDANCE,
.
.
Artist Royalty:
The compensation
received by an artist from a record company for making commercial
recordings such CDs, music video DVDs and CD-ROMs. The royalty
received is pursuant to the royalty payment basis and rate stated
in the recording contract. The basis and rate section usually
states that the record company will pay royalties on 90% of the
gross income received by the record company less a packaging deduction.
This is known as the royalty basis. Some artists now negotiate
100% instead of 90%. In years past the 10% was kept by the record
company to reimburse them for broken records. Even though broken
records are no longer a problem, the 90% value still persists.
The record company contends that since this practice is so ingrained
in the system they would be at a disadvantage, from a marketing
standpoint, if they paid on a 100% basis.
The royalty rate paid to the artist for CDs and singles is
a negotiated rate (called "record rate" or "regular
rate"), usually 6-15 percent of the gross receipts. Some
superstars will negotiate even higher percentages and often with
a guaranteed minimum cash payment.
Music video DVD royalties vary from 50-100 percent of the record
rate. CD record clubs, mail order, and other budget sales receive
50-60 percent of record rate. Foreign and subsidiary royalties
range from 50-100 percent of the regular rate. These are all negotiated
rates and will vary depending on the negotiating power of the
contractees.
Record returns, promotion copies, and other miscellaneous giveaways
receive no royalty payment. See Cross-links: INCOME,
AUDIT, ADVANCE,
CONTRACT-RECORDING CONTRACT clauses #17, #31, #34, TAX LAW under
"Royalty Income."
.
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Exclusive Artist:
An artist who is employed solely by a particular
record company to perform certain stated activities, e.g., recording,
live performances, etc.. The record company signs the artist exclusively
to protect its interests in the artist and his talents. See Cross-links: EXCLUSIVE
SONGWRITER, RIGHT under
"Exclusive Rights," CONTRACT-RECORDING CONTRACT clause
#21.
.
.
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