At 09:15 PM 9/18/03 -0400, Christopher BJ Smith wrote: >What a coincidence that this subject came up. I was just called a >couple of days ago by John Rousseau (I am guessing at the spelling of >his last name) of the Contemporary Music Society (or the Contemporary >Record Society
The latter, I'd guess. >Now, I have no objection to vanity publishing (meaning I pay for my >own recording, manufacture, and distribution, and keep all control >and profit (hah!) in the process, I've done this more times than I >can count) but does this arrangement sound like a cash grab to you >more experienced guys? Or is it possible that word of my modest (very >modest!) reputation got down to the States to some list that >Societies of this nature have access to, and it is a real request? >From them, it's likely a 'real request' -- but it's still a vanity publication, which is fair warning. (And I've reproduced their contract below.) My radio co-host David Gunn had a similar deal with Albany Records. $7,500 and 5 years later, he has 20 copies of the CD and Albany has the rest for their minimal marketing. There are many such labels (MMC and VMM are others, and I think Living Music) and others that are (or were) partly subsidized (such as New World, Opus One, Innova, the erstwhile CRI, etc). Others are labors of love, including such as Pogus, Periplum, Cold Blue, Echograph, Frog Peak, OO, XI, etc. Kyle Gann believes these labels are unnecessary now, as their distribution is terrible and the results rarely satisfy composers. He is now distributing his own recordings. Likewise, composer James Grant originally was to have his material recorded and released on one of these labels; instead, he decided to pay for the recording/engineering/editing for much less (with the Czech Radio Symphony) and released it himself. Beata Moon fundraised for her recording and released it herself, and this is becoming increasingly typical. My own music is released on MaltedMedia, with only one 'commercial' recording now -- the rest are limited editions of 100. Because most of these vanity recordings are sold back to composers as 'calling cards' anyway, they are really employment for the record companies and musicians paid out of the pockets of composers and their benefactors. This is not to say that they're insincere or without interest in the music. But they *will* recording anything in their area of interest that's paid for, and will *not* recording more deserving works if they're not paid for. Contemporary Record Society is likely sincere, as their history suggests. But it is not an investment that I would make. Dennis Here's the contract: 1. You represent and warrant that you are free to record these works, and agree that you will not record them for another firm for the next six (6) year period, thereby giving exclusive approval of said recording to CRS; 2. You hereby assign to us the right to distribute these recordings to all other parts of the globe, and in all sound reproducing media and configurations; 3. At our discretion, we may lease part or all of these recordings to other firms, subject at all times to the royalty provisions hereunder; 4. A royalty equal to ten per cent (10%) of the average sale price of all records (CDS/cassettes) sold and for which we have been paid as per pro rated percentage of the duration of your work to you or to your assigns. You will also receive fifty per cent (50%) of all income derived from leasing of this material to others (Royalty applies to the sale of more than fifty records sold each year); 5. You are entitled to purchase recordings for promotional use, which are not for resale and do not earn royalties. You may purchase recordings for resale at forty-five per cent (45%) discount under the provisions hereunder; 6. Publishers' fees on all copyrighted music and/or texts will be deducted from your royalties, upon your having received written approval from publishers. CRS is not responsible for the damage of music, tape or the cost of rental fees. 7. The following services will be provided you by CRS, (1) recording and/or tape editing, fully digital (2) mastering, (3) cover design (two color format Additional colors will be added and charged at the rate determined per color), by CRS, (4) typesetting and printing, Library of Congress Catalogue No.________, (5) all other operations pertaining to production of recordings, including the sales and distribution, advertising and packaging. 8. Concerning cover design, we will accept camera-ready art for the cover if provided by you if you so desire, which will be subject to modification to meet our specifications. There will be no deduction in provision (11) for such art work, and additional expense if any will be charged to you for its execution. Changes made on proofs will also be charged to you; 9. You hereby agree to provide a suitable location (including hotel accommodation/meals) for the recording, at no charge to us, with instrument, transportation and tuning of piano, to be paid by you; 10. You will undertake to fulfill all requirements of the A F of M, or any other organization or affiliation, if a member, and to meet all Pension Fund and like fees levied by the A F of M, or any other organization or affiliation. 11. For these services you agree to pay us the amount of $____________________ or if you provide a ready-to-master tape that meets with our specifications$________________. Payment shall be made: one half upon signing of this agreement, and the balance to be paid when production begins sixty days prior to the tape session with final approval by CRS. Artist/composer is responsible for all relevant telephone communications made by CRS by long distance and all calls returned to CRS and all call requested by CRS. 12. Time allotted toward this recording and/or editing is a total of eight (8) hours for each CD, video or cassette, including travel, and set-up time. Additional recording and/or editing time will be charged at the rate of one-hundred and twenty-five dollars per hour, including preparation incurred toward production by CRS. (Failure by composer/performing artist(s) to complete and present to CRS the Digital master of composition(s) herein described within nine months, will be in breach of this agreement and at CRS sole discretion, subject to additional costs, damages, replacement artist(s)/composers' works substituted on this or onto other CRS CD's.) 13. Fees quoted in provision (12) apply to soloists as well as groups of up to five (5) musicians. Special fees must be negotiated for larger groups. 14. As provided in provision (4) royalties will be computed on an annual basses. 15. If a record is discontinued by CRS for any valid reason, you will receive the masters and shall be free to have them released on another label, this applies to the composer or principal artist(s) ensemble; 16. Performing artists and/or composers agree to participate in_____________promotional concert(s) or lecture(s) where by any fees gained by CRS, will be applied toward promotion of future CRS events, advertising and related expenses. You also agree to (nonexclusive) representation by CRS in future events with a (20) per cent (twenty %) commission, plus expenses of CRS, from fees gained by artist/composer for a period of five years with atomatic renewal for an equal period of time unless written notice is given to CRS ninety days before the end of each (five year) term, by all parties of this recording agreement. (CRS will provide for all directly related transportation expenses on these promotional events). THE PROVISIONS STATED HEREIN ABOVE CONSTITUTE AND EMBODY THE FULL UNDERSTANDING OF ALL PARTIES, CONSTITUTING AN AGREEMENT UNDER THE JURISDICTION OF THE STATE OF PENNSYLVANIA/THE ADDRESS WHICH IS CURRENTLY ACTIVE BY CRS/CRS ARTISTS, AND ARE HEREBY SIGNED: (Please retain one photo copy of the agreement and return this copy with your agreed signature, and retain one photo copy thereof). _________________________________ _____________________________________ --CRS REPRESENTATIVE _____________________________________ _____________________________________ __________________ DATE _______________________________________________ Finale mailing list [EMAIL PROTECTED] http://lists.shsu.edu/mailman/listinfo/finale
