DMusic.com | for indie musicians and fans | Free MP3 music downloads - Forums: Leflaw's Forum: dude in my email..

Forums > Leflaw's Forum

dude in my email..

AdamsGod	Date: March 14, 2008 @ 6:25 AM so this guy has been sending me email about licensing my musi,c getting motion pictures and TV shows to use it. hes been talking about a 50/50 cut and exclusive rights. does this make sense at all? seems excessive to me, no?
kingo	Date: March 14, 2008 @ 7:32 AM The last time I got a dude in my email it ended up in my spam folder. Since I rarely check that he was blue and bloated by the time I found him. Or, to answer your question, I never trust anybody sending me unsolicited email about our stuff. Does he want exclusive rights for himself or are you saying you'd get to keep exclusive rights?
leedsquietman	Date: March 14, 2008 @ 7:47 AM research. google. get more information about the guy and his enterprises. He may or may not be legit and if you're interested in that kind of proposal it pays to be in the know.
Distilled1	Date: March 14, 2008 @ 8:02 AM research real well, we once back wow in the late 80's had a guy going to make us famous using music for film, tv, as well as get us signed ... it sounded familiar to that. maybe post the company name so you can have others look at it as well? I don't trust unsolicited mail either...does it happen and could it be legit ...sure. but it doesn't to me ... 50/50 seems like a new bus. plan kinda thing like this is someone trying to start out and sound like they are giving a good deal like many on line music distributors do.. ask Vicious Kitty I believe he has been in the "know" about this sort of thing or nos someone... in the licensing biz as well as no smoking (maybe its him, I forget ) but post I'll sure look into it I love research and I don't sleep
ChillinBuzz	Date: March 14, 2008 @ 8:56 AM You should definitely post this offer, sounds all too good...
leflaw	Date: March 14, 2008 @ 9:58 AM exclusive rights? Ho much are you getting paid?
AdamsGod	Date: March 14, 2008 @ 10:17 AM On 14th Mar 2008, leflaw said: exclusive rights? Ho much are you getting paid? he did not say anything about money. all he said is when the money comes, he wants 50%.. strange, i know. I couldnt fine any information online about this company! they are: 'Macrosell Brand marketing'
ChillinBuzz	Date: March 15, 2008 @ 4:23 AM Didn't find bugger all under Macrosell... you sure you didn't mean Macrocell because I get plenty of results under that name. Would be nice to see the actual email (and the headers, to see if the sender's address is legitimate).
pog	Date: March 15, 2008 @ 4:35 AM Looks like an indie promoter... http://www.myspace.com/music_licensing 50/50 for a guy that promotes from myspace... I wouldnt pay for it.
AdamsGod	Date: March 15, 2008 @ 5:27 AM i just got off the phone with him.. he sais he will get my shit into motion pictures, tv shows and video games. he asks for a 50/50 cut, and 3-5 year contract to be the exclusive company to promote and solicit my music to hollywood. .. ChillinBuzz, give me your email address, I'll send you the original email along with every other one he sent me.
AdamsGod	Date: March 15, 2008 @ 5:29 AM by the way, I'm not paying for anything. I dont need to invest a penny. hes just saying that when (not if) he gets me on a tv show or motion picture, he wants a 50% cut.
Woof	Date: March 15, 2008 @ 5:42 AM Do you have an escape clause if this guy can't deliver? That's the only thing that smells fishy to me. 50/50 sounds fair, considering he'd be doing the promotion. But what you'd want to avoid is something like, a year goes by and nothing happens, he's got exclusive rights to your music, and then he says something like "Sorry, dude... I'm short on capital. If you can come up with $2k I can keep promoting you." and the rights to your music is tied up for two more years, so what choice have you got? That's something I can see happening.
AdamsGod	Date: March 15, 2008 @ 6:06 AM Woof, Thats a wicked point! Thank you so much for that. If there is an escape clause, then i guess its safe!? no time like the preasent to start learning i guess.
AdamsGod	Date: March 15, 2008 @ 6:12 AM Woof, Thats a wicked point! Thank you so much for that. If there is an escape clause, then i guess its safe!? no time like the preasent to start learning i guess.
AdamsGod	Date: March 15, 2008 @ 6:13 AM Woof, Thats a wicked point! Thank you so much for that. If there is an escape clause, then i guess its safe!? no time like the preasent to start learning i guess.
NosmoKing	Date: March 15, 2008 @ 6:18 AM Um... I know a few other dmusic artists who were also approached by various companies with a contract. I read the contracts they were given.... caveat emptor - and yes that would be you. good luck! Take your time and read carefully before you turn him down!
Woof	Date: March 15, 2008 @ 6:36 AM Well here's what I'd do, if I wanted to go further whith this guy: I'd retain my own attorney, and have them draft a contract for this guy that approached you, to be an independent contractor. Use the same 50/50 split (after all, he'd be doing all the legwork), except you retain the rights to all of your music, except for anything that he sells (at which point, you hand him the rights to ONLY what he sells at no extra charge to him, providing he pays you your 50% up front. That way, his butt is on the line to move your product if he wants to see any cash.
Woof	Date: March 15, 2008 @ 6:39 AM PS. Attorneys charge by the hour, so it will be a lot cheaper if you tell this guy you're interested in his offer (which isn't lying... you are), and would like to review the contract. He'll send it to you, and your attorney can use it as a model for a rewrite. Hehe...
AdamsGod	Date: March 15, 2008 @ 6:44 AM I'll keep you informed as shit happens.. I'm expecting more from him today.
leedsquietman	Date: March 15, 2008 @ 8:34 AM Pog - I agree with you but EVERYONE uses Myspace these days My accountant even has one... He should at least have links to a well maintained personal website. Just make sure you read everything carefully and have it checked by someone who really knows i.e. a performance lawyer etc.
AdamsGod	Date: March 15, 2008 @ 10:46 AM after asking about the ecape claus.. and prodding around to see why this person wants exclusive rights for 5 years, this is the reply i got: "We make available our Artist roster and catalogue to all publishers and labels throughout the universe. The reason for the five (5) year exclusivity period includes, but not limited to, the following: 1. Sufficient time in which to recoup out-of-pocket expenses incurred on our behalf in marketing and promoting your works throughout the universe. 2. Adequate time in which to allow your works to fully penetrate and settle into the global marketplace. 3. Time in which to ramp-up, support and create new and innovative uses for your musical works. One must also remember that a catalogue is to some degree static. Meaning there has to be projects not only suitable for your music, but also require hand-holding, at times with producers to "go-ahead" or otherwise green light their use. The five (5) year term is industry standard for firms engaged at top level licensing transactions with major studios and networks. This normal industry practice combined with ongoing marketing and song promotional activities is a fair and balanced measure to ensure either side of the catalogue receives a fair shake. This time also provides us with reasonable market expectations in developing you and/or your band for greater successes outside our confined agreement. Promoting catalogues in such a specialized market requires time, patience and extraordinary efforts to promote and support such music to the powers, not only in Hollywood, but also here in Canada, Europe and other countries. One simply cannot expect or demand that such efforts can reasonably be undertaken by anyone, person or firm within one (1) year. Not even Universal can do that. The complexities are immense and, to a certain degree is out of any label's hands insofar as "permissions", "rights" and/or "licenses" granted are subject to external, third parties forces and interests. As stated above, when you sign and are exclusively represented by us, you have assurances that your music will be made available to every conceivable agency, firm, label, publisher throughout the universe. We can do everything except make them buy it but will do everything within our powers to ensure that they do. Also, as discussed on the telephone, our alliance office in Los Angeles holds contracts with major studios for the supply of music. These are exclusivity contracts for the right to supply recorded music as well as composer agreements. Access to this resource simply cannot be found anywhere else. This combined with our overall Artist management and promotional activities makes us a power house within the Motion Picture and Television industries. Our roster includes such notable Artists such as B.D. Lenz, a top Jazz Artist with fans which include U2, Rush, Miles Davis ("Saturday Night Live") fame as well as The "Pat Metheny" Group and a great deal other super star artists. We also represent globally under an exclusive five (5) year contract the highly acclaimed Violist/Composer Rozanna Weinberger, who has played at the United Nations and Capitol Hill as part of her worldwide performances with her songs appearing in movies such as "Dancing With Kendra", and television productions including ShowCase and TRIO Network. Mrs. Winberger is an "extremely hot" property and her works are continuing to receive favorable worldwide exposure by us. We are also engaging Mrs. Weinberger for Live Performances at top venues including "Roy Thompson Hall" and the National Arts Centre (NAC) in Ottawa. Mrs. Winberger continues to perform internationally and is a member of GAMA. As also discussed is our abilities to budget recording sessions using GRAMMY/Juno Award nominated producers. We are extremely selective with the Artists for these projects, however are only available to signed Artists. We also secure radio airplay and retail music on behalf of our Artists. However, these agreements are entered into by way of separate Agreement. Are we a music licensing agency? (yes). Are we a whole lot more? (definately!). Do we guarantee your works will be used? No. Do we guarantee your works will be globally marketed and made available to anyone to license? Yes. Will we sign talent below the five year threshold? No. I hope this adequately answers your question.... Just to further clarify my earlier email, represented works include only such songs or "Titles" which you wish us to license on your behalf. It does not include any titles outside your approved title list nor does it extend to any future works which may be created. I hope this helps is allowing you to make your decision" what do you guys think?
Distilled1	Date: March 15, 2008 @ 11:00 AM throughout the universe. says it all to me.. seems oddly worded and scam like. and that myspace page and no other site that anyone can find. what they are doing, you can do with leg work as well, so do you want to lock up any of your titles for 5 years so they can publish them in the rags and send solicited (maybe) to tv movie users? so what happens if your music doesn't get used or bought in 5 years? its yours again and you know no one wants it for those uses or that they never did anything, but what are they gaining if they don't do anything? it all seems odd to me .. but thats just me. maybe check some other licensing agency's and see what they do for 50% and no $ up front... this is someone that may or may not have these contacts
NosmoKing	Date: March 15, 2008 @ 11:11 AM On 15th Mar 2008, NosmoKing said: Um... I know a few other dmusic artists who were also approached by various companies with a contract. I read the contracts they were given.... caveat emptor - and yes that would be you. good luck! Take your time and read carefully before you turn him down! Same answer.. just move on until such time as somebody legit is interested in you!
Woof	Date: March 15, 2008 @ 4:21 PM The response looks legit enough, but I would not suggest signing with them, unless you have an album's worth of material that you can afford to risk losing for five years. Any less than that, and there won't be enough of your material in the catalog to give you a good profile. And the album may disappear off the face of the earth, if you do sign. So consider anything that you offer to them gone forever. Really, I'd pass on the offer. Not enough is known about the company. And solicitation by email is the cheapest way to advertise. It sounds like it's some guy just starting out. There's always a chance he can do something for you, but without a track record (which he obviously doesn't have), it's shaky. Here's a list of reputable promotional companies. Their terms might not be as easy, but they can back up their offers with some endorsements and a reputation: http://www.harmony-central.com/Bands/
Distilled1	Date: March 15, 2008 @ 7:12 PM ^ yep thats what I was sayig in less than a proper way Woof pointed you to look and see what reputable companies are doing ... thats where you need to look and decide if its on the up and up.. me thought is just that someone maybe younger than you thinking they can do it like a pro.. that myspace page looks like a 9 year old did it ... wonder what the companies page looks like
AdamsGod	Date: March 16, 2008 @ 3:04 AM if you want to read it all: http://www.adamsgod.com/email.txt
GeneHilbert	Date: March 16, 2008 @ 5:12 AM I didn't spend a lot of time looking but this is all I saw..... It's not much info or web presence. The first thing I would do now is to ask for client referrals, people that are current clients that you can contact directly. I personally would request 12 to 20 names and contact info. They should more that willing to accommodate this request - any fudging or waffling would be a good indicator as too their legitimacy. http://www.alibaba.com/member/spinbooks.html http://toronto.kijiji.ca/c-community-artists-musicians-ATTN-All-Popular-Music-Songwriters-W0QQAdIdZ40136601
leflaw	Date: March 16, 2008 @ 3:12 PM 50 percent commission is ridiculous.
AdamsGod	Date: March 17, 2008 @ 4:11 AM thought so!
shadowself	Date: March 17, 2008 @ 8:16 PM On 15th Mar 2008, Distilled1 said: throughout the universe. says it all to me.. seems oddly worded and scam like. Using "universe" has been standard for years now.
Distilled1	Date: March 17, 2008 @ 8:17 PM yeah but the one guy that tried that with us ... what a scam its a bit over shooting if you ask me ... maybe world even is ...
shadowself	Date: March 17, 2008 @ 8:28 PM 'Universe' covers any off-planet transmissions, such as satellite. It may be excessive, but I imagine it's necessary to eliminate loopholes.
Distilled1	Date: March 17, 2008 @ 8:32 PM yeah I guess seems crazy to me but thats me although at times I don't think I am on this planet
zedsalt	Date: March 18, 2008 @ 3:51 AM Yes, but in another universe, BizarroZed is infringing on several shadowcasterself's copyrights. I'm ashamed, of course, but comforted a little by the fact that, in direct oppostion to our beloved shadowself, shadowcasterself is a real ass whose music sucks.
leflaw	Date: March 21, 2008 @ 3:19 PM commission 10 -20 percent. tops. Exclusivity? No way, unless they buy it.
AdamsGod	Date: March 22, 2008 @ 3:45 AM it sounded fishy when he said 'the website is under comnstruction'.. never gave a last name, never wanted to meat.. meh.