Law Office of Richard Kuslan LLC

Musicians are, in my experience, too infrequently aware of the business issues often encountered in the industry.  Negotiation is usually not a musician's strongpoint, nor should one expect it to be.  However, it is essential that the musician learn to read, question and understand the terms of any agreement well before he signs it.  Not doing so may -- likely will -- subject him to obligations beyond his ability to fulfill.  In what way?

As an example, TechDirt links to a video from Attorney Martin Frascogna, which musicians ought to watch.  Especially of concern to the musician who has never signed with a label, but who thinks it means the big time, must understand that an advance is just that: a sum advanced to the band which must at some point be repaid -- by the band.  If sales are sufficient to recoup the label's investment (including the advance), great.  But if not...the band is on the hook.  

On the other hand, some terms in a recording agreement mean...well, absolutely nothing on the surface, but you will still end up paying..  Make sure to watch the video.