What’s in Your Contract? There should be nothing ‘Standard’ About your Contract

E.O.A.A WEEKLY: Friday, September 19, 2015, Re-posted July 31, 2016
Written by Tiwanda ‘Ne Ne’ Lovelace Bio | Email | Website | Twitter | YouTube | Online Store

What’s in Your Contract?

“There should be nothing ‘Standard’ About your Contract!”

 Although, no contract should be allowed to take away your rights as a U.S. Citizen, your contract should be tailor-made to fit your needs.

Never listen to an attorney that tells you that your music/publishing contract containing low figures is standard. If you hear those words, run as fast as your little legs can carry you because that attorney works for the system. These are not just words and I can prove it. 

Due to personal experience, I would have to warn you that this is the same ‘system’ that will probably sell you down the river, rather than help you recover.

If you have attended and/or graduated from a School of the Arts program, then you will be familiar with most of the aspects of signing the contract so half the battle is over but don’t think that you are exempt from being victimized.

The company holds all the cards and most of the time they usually have your career planned out before the contract is on the table. Just remember that if it was easy then everyone would have contracts.

As with any company, most contracts are first introduced solely for the benefit of the company.

As an artist you have probably already been on the ‘grind’ for years and you really want to be signed.

You should recognize that the standard contract can be all that is needed to ‘shelf’ you and if you are at the point of signing you already know what it means to be put on the ‘shelf.’

Just to have a contract doesn’t mean that all of your dreams are coming true. You have to consider everything from the signing bonus, to the time-frame that the contract in intended to cover, how much creative control you will maintain and much more.

That signing bonus or advance is not free money and will have to be repaid to the record company. These figures will be taken right off the top of your portion so take an active part in negotiations and know exactly what it is that you are getting into.

When addressing the contract’s advances, you will want to pay close attention to that amount because this will tell you whether or not this company is really serious about you and your talents or whether they will betray your trust.

It is important to think past the present and try to think about the future with regards to how much it will cost to retain an attorney if this

deal goes bad.

If you are offered a very small amount, then you may want to decline this deal completely because that is a good sign that they don’t want you to be able to defend yourself financially.

They know that later on down the line and once you are signed there will be nothing that you can do to prevent them from victimizing you. Remember in the title, Music Business: It’s a Dirty Game, ‘they will be all smiles, pretending to have genuine interest, introducing you to other producers - when all the while they will be ‘gutting’ all of your materials.’

The budget that is mentioned in the contract is not your money that you can use to satisfy all your whims but it is the amount of money that will be used to further the project.

This money is usually dedicated to cover the cost of studio time, manager, expenses, promotion and marketing. 

These companies are not in the business of just giving money away and you should know that there are people working at many levels that share in your budget so you might want to hold off on ‘making it rain’ right away.

Considering the contract and all of the details involved, you would definitely want to read every line and seek counsel. I would encourage you to seek counsel from an attorney who is within the entertainment industry and also obtain a consultation with an attorney who is outside of the industry.

Most entertainment lawyers have their own clients and artist that they represent.

Keep in mind that most attorneys will not fight tooth and nail on behalf of the artist because they don’t want to make waves with the record company. They would want to assure that he/she does not risk losing potential future business.

Remember that most of the attorney’s in the music industry are familiar with each other and have had business dealings with each other at some point.

  

Find the answers to the many questions regarding how the music industry and this ‘system’ continues to operate with impunity in E.O.A.A. Educating Our Aspiring Artist  Weekly Articles Sponsored by SWP, LLC...

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For more detailed information regarding the many groups and what it means to be properly aligned, I encourage you to read Music Business: It’s a Dirty Game!

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In a Perfect World - "Let the Master Answer.”

Posted: September 2, 2014 7:16 AM PST Written by Tiwanda Lovelace Bio | Email  | Website | Twitter @sevenwestprod | YouTube | Online Store

Excerpt from INVISIBLE: Living in America without Rights!:



In a Perfect World

When discussing the many tactics and methods used by some entertainment lawyers, producers, publishers, etc...

I prefer to avoid the fanatical approach when describing the corruption…because that is the response that they require to find fault or to minimize the situation. In my previous title Music, Murder and Mayhem-A True Story, I addressed the importance for them to discredit and label any individual who is aware or can prove their deceptions and trickery. 

As Artist, we feel very strongly about everything but we must remember not to give any excuse or reasons to discredit you in your efforts. Of course, due to the imperfect nature of us as human beings we will not be flawless. There will be repeated instances where events will be taken out of context, exaggerated and misrepresented for their own purposes.

I find myself comparing this fiasco to a scene taken from the well-known production of the Wizard of Oz when Dorothy pulled the curtain from the wizard. The difference is that instead of a timid little man hiding behind a facade of fireworks and performances, there are many with their weapons pointed and the power to inflict great harm, both, physically and mentally.

I must re-iterate that it is impossible for all to be corrupt or corruptible…but the Respondeat Superior rule allocates that an employer is responsible for the actions of any employees performed within the course of their employment.

This concept is based on what is called ‘vicarious liability,’ which dictates the superior is responsible for the acts of their subordinates, or, in a broader sense, the responsibility of any third party that had the "right, ability or duty to control" the activities of a violator.

The Latin phrase for Respondeat Superior is "Let the Master Answer.”

Like many, I would really like to hear the justifications for their actions and/or in-actions.
As previously stated, the term Democracy derives from the Greek phrase, ‘rule of the people.’

A Plutocracy, however, represents being governed by a group consisting of the wealthy; wherein, the people are under the rule and influence of groups by virtue of their wealth.

The worse of all types of governments would be those subjected to a kleptocracy; also known as, ‘rule by thieves.’

This is having a form of government who exploits its own national resources and conspires to steal. A natural resources doesn’t necessarily have to be land, oil or something material but it can be the hard work and ideas of its own citizens for the sole purpose of profiting.

In a perfect world I imagine five to ten thousand officially designated representatives of the people to perform the duty of detaining and arresting ALL those found in connection with direct blatant violations against the people.

In unison and in a well-orchestrated, I imagine each being approached directly and being subjected to the words, ‘Sir(s) or Mam we need you to come with us…under the Patriot Act and because of a preponderance of evidence.’ ‘You have been found guilty of Treasonous behavior and for violating the Constitution of the New United States; where corruption will not be tolerated!

‘To those who have served this great country but failed to uphold the law to the fullest, we appreciate your service but we respectfully request your resignation and/or your surrender to the greater good of the people!’

Is it wrong for me to want to see them turn against each other to save their own skins (just like they make everyone else?

These are the same individuals that did not hesitate to deprive others of their rights for mere profits.

In a perfect world, there should be strict penalties for offenses involving the courts and even more penalties for those who are in a position but choose not to act.

I imagine a group of young people being educated and trained to influence change.

I imagine seeing the people’s faith in the legal system restored.

I urge all to never forget to keep pressing ahead because there is always an opposite and someone out there who is capable of addressing your legal issues.

It takes persistence, endurance and the grace of a kinder, higher power.

In the next chapters we will address the many forms of Justice.

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Unlike most authors, Lovelace will not only tell you exactly how it is but will provide documented proof. I provide uncut truth with a direct approach. These titles are informational and not for entertainment purposes.

Attention all Lyricist, writers and producers, before you sign any contracts presented by entertainment lawyers…you must read the books that reveal what other Music industry books will never reveal!

Author’s Bio

Tiwanda 'Ne Ne' Lovelace of Seven West Productions, was like many other unknown artists who were used and then discarded by the music industry. Lovelace was contracted with Zomba, a major music publishing company for Jive Records - now BMG-Zomba publishing company. It was then placed within Universal Music Publishing Group, becoming the world's largest music publishing business.

Instead of administering her publishing by securing copyrights and ensuring that her works were protected, the major publishing company neglected all their contractual obligations. However, what they didn't count on was that she had secured copyrights and maintained all related documentation.

After Zomba’s representatives failed attempts at having her sign management contracts with their Producers, she was provided with music tracks and encouraged to build her own team. Lovelace submitting and discussed 40+ songs, but it became clear that there was no intention of honoring that Agreement.

Other than the small amount received for the initial song placement, she never received a dime but she was forced to listen to her materials on the radio that were ‘gutted.’ However, she did received threats and became victims of acts of violence and civil rights violations.

Having been in the music industry since 1991, our company has more than 21 years of experience. She is now determined to help others before they sign a contract with a major company. It is her goal to ensure that every aspiring artist is fully equipped before they sign.

Unlike most authors, Lovelace will not only tell you exactly how it is but will provide documented proof. I provide uncut truth with a direct approach. These titles are informational and not for entertainment purposes.      

Emotionally charged, her titles clearly express the pain and anger of being betrayed, sacrificed and scorned. Her story is of an unknown artist that that was subjected to continued acts of violence and oppression. Her titles are presented through this artist/writer’s eyes while experiencing multiple tragedies and events. Inside, are the actual documentation and files used to demonstrate some of the tactics used to steal artist lives, deny rights and enslave the artist. These title are compiled using personal journals, public records, contracts, copyrights and other documentation which demonstrates how it is allowed to continue.

I hope that this book reaches those who are unaware of the fact that even though the world is changing; it doesn’t change for all. I hope that you will see beyond my immediate anger and the sadness that is reflected in my journals targeted toward my oppressors.

Although I have been treated horribly by many, I still treat people with courtesy and decency. I believe that this is where real change can start. Treat people like you want to be treated seems corny but you never know if the person that you choose to mistreat has already been through the ringer. That simple gesture can make your day or it could be the difference between changing that persons view on life. Personally, I know that a few kind words from strangers helped restore my faith in the possibility of Justice.

I am still and will continue to seek assistance in obtaining Justice from a world that does not recognize my humanity.

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