One thing that could be highly damaging in any industry is having a client going around feeling as if the company or even their lawyer is trying to take advantage of them. Right. In the process of that latter Twitter. Its all digital. Its an exclusion, a liability. So if Im a lawyer and Im negotiating with another side and youre very practical about these things, like although the plain language movement is nice, in theory, youve got to negotiate with somebody else who might like that archaic language. call Wests deal standard for an artist at his level. Ross Guberman [00:03:18] And so Im the president of legal writing prose, so Ive been doing workshops and consulting on all different aspects of lawyer writing and judicial writing for a couple of decades now. The . But first, the record labels getting their money. Mike Whelan [00:10:12] Hey, everybody, Im Mike Whelen. musical compositions embodied on albums released by a major record label per year (or longer if West needed more time) (each a "Contract Year") for . Ross Guberman [00:09:03] Yeah, exactly. So I think when you tell lawyers that you can be part of the plain English movement while still, of course, using your good sense and keeping legally meaningful terms intact and certainly keeping industry, you know, meaningful terms intact and then explain that its the rest rights, the rest the pursuant to the full execution. Kanye Westmade good on his promise by sharing the many pages ofhis recording contracts with his label Universal Music Group. And so were going to go through parts of this. Artists like Kanye feel that they are being cheated. And we have to be very careful, of course, you know, translating things like provisos like provided, however, that in dealing with Shell and the like. Push the button. After that point, UMG can distribute the albums on their own. Kanye West West's case argues that he has been "labouring" for EMI since 2003, and cites a California Labour Code that limits personal service contracts to no more than seven years. Late last year, Kanye West took to Twitter to vent his frustration about complicated contract language. As Kanye West escalates his battle with Universal Music Group, the Chicago rapper decided to share the entirety of his record contract on Twitter. Tell me how this is more understandable again for someone, not a 12 year old, but someone like Kanye in the decision making phase. Mike Whelan [00:00:53] Hey, everybody. Thats probably more than enough. He is no longer signed to Def Jam, his longtime record company; his contract expired with his 2021 album, "Donda." And Ye . Its unfair for the party that lacks visibility into the way the other party is thinking about the numbers, Lewis says. So this is something later in the series, I imagine theres a back story, you know, tense, tense discussions about the money part. What am I looking at here? So, Ross, this document, why does it matter? Kanye West vs. Ye by Kanye West (Record, 2018) (9) 100% agree - Would recommend. Theyre not to be I mean, this is classic, completely unnecessary, archaic language you see in a lot of commercial agreements. Ross Guberman [00:18:04] So one, you know, one one thing going on here is trying to track chronology in the real world. Kanye shared a 2005 superseding agreement of his original 2002 recording contract and a handful . Is this incorporated in in any way? G.O.O.D. Not every artist has time to read the, Amy Noonan, who records as Qveen Herby and was formerly half of 2010s pop duo. Ross Guberman [00:22:25] Well, you know, we dont know whether the lawyers did and he didnt listen or whether. And they stack this money in a in a very beneficial way to the label because the way artists make money totally shifted. Law Insider Completes First Legal Tech Investment and Distribution Partnership with Inkly, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-. For his initial contract period, Yeezy received 8percent of all singles and long-play singles,14 percent of the royalty base with respect to master recordings during initial contract period,14 percent of sales of an album in excess of 500,000 units and15 percent of sales of an album in excess of 1 million units. Maybe even my own lawyer is not really looking at the language from my point of view. In order to maintain the original intent, some legal jargon and industry terms must remain intact. Mike Whelan [00:16:08] in a brief. The rapper and his team signed an agreement on January 5 with the venue for a 25-day rental totaling $125,000, expenses of $20,000, and four new office chairs for $813, the lawsuit says. Musician Kanye West changed all that when he went to Twitter to complain about his many contracts with the recording industry. The split can be 80/20 in the artists favor. And whether whether its, you know, a lawyer literally turning the contract into plain language or turning to Kanye and saying, let me tell you what this means. We didnt spend our advance on cars or jewelry, we bought a house. Thus,50 percent of these costs incurred by Roc-A-Fella are considered advances, but the label could notrecoup more than $40,000 for each album relevant to these costs: creation, hosting, maintenance of artists website, securing, registering and/or protecting artist domain names, creation of ECD materials, independent promotion, independent marketing and independent publicity, television, movie or radio campaigns. All those of those terms that you can also edit out of other legal documents, theres a lot to do there that really will clean these up without ever even considering going into the substantive terms. Just minutes prior, he had finished tweeting out the entirety of his Universal contract, one page at a time for a total of more than 100 tweets. Contract #3. Ross Guberman [00:20:11] Yeah, I think part of that is really bracketing off, just as you are saying, words and phrases that a lawyer knows have substantive value. Cruel Summer/Hawaii costs shall befully cross-collateralized with Kanye's main royalties account. During his rant, Kanye declared that he would move the entire music industry into the 21st century, and he means to do this using clear and discernable language. While Anokute points the barrel primarily at the labels dishing out deals arguing that these deals perpetuate the very inequalities for black artists that the labels have said theyre looking to change he acknowledges that labels alone cant take all the blame for unfriendly artist deals. They are long. NO MORE. Found online, don't shoot the messenger. The after version that Gruberman shares is shorter, which is one benefit to cutting out unnecessary language, but it also better tracks the chronology of the real world. This method perhaps isnt as friendly to consumers as LinkedIns method, but its close enough to the source material and still understandable. Looking back, I've thought many times about what makes Kanye Kanye. The 100 Greatest TV Shows of All Time Advances. Whats the best way to get in touch with you to learn these skills? In 2012, the label released its debut compilation album Cruel Summer.In 2015, Pusha T was appointed the president of the label . Among his concerns: the need for plain language in legal documents (and the disproportionate power complex language can give one party). Oct. 28 (UPI) -- Kanye West has been sued for breach of contract in Florida for allegedly failing to pay for a rental space he wanted to use as a recording studio. Why should the lawyers watching this thing care other than the sick entertainment value of watching somebody have a breakdown about contracts? The documents . September 18, 2020. And Im going to share a few images. We would like to show you a description here but the site won't allow us. Some are asking what took so long. Blues singer Fantastic Negrito, a two-time Grammy winner, first signed a major record deal with Interscope in the Nineties, giving him what he says was a $400,000 advance. I hope youre enjoying this episode of the contract tear down show. Labels are taking risks on any given signing and need to make offers that keep the company profitable. The sense is that someone trying to pull a fast one on me. The contract indicates that these figures would increase with each release, and Kanye West and his company would receive 20 percent of each minimum after notifying the label that the. He suggests focusing not on the necessary legal and industry terms but on clearly nonsensical or unnecessarily archaic sections. Be the first one to, Advanced embedding details, examples, and help, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_abbyy.gz, 2011.01.11-Kanye WestJay Z Duet Album Agreement_abbyy.gz, 2012.05.04-Amendment recording agreement_abbyy.gz, 2012.05.07-Amendment, including original recording agreement_abbyy.gz, 2012.05.07-Profit Share Agreement_abbyy.gz, 2012.05.17-Amendment to Recording Agreement and Film Agreement_abbyy.gz, 2013.03.10-Amendment recording agreement_abbyy.gz, 2014.08.11-Amendment recording agreement_abbyy.gz, 2019.01.09--Summary of Kanye West's Label Agreements_abbyy.gz, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_daisy.zip, 2011.01.11-Kanye WestJay Z Duet Album Agreement_daisy.zip, 2012.05.04-Amendment recording agreement_daisy.zip, 2012.05.07-Amendment, including original recording agreement_daisy.zip, 2012.05.07-Profit Share Agreement_daisy.zip, 2012.05.17-Amendment to Recording Agreement and Film 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(last updated 12/31/2014). Youre not trying to make it really friendly for consumers, but you are trying to make it friendly for business people while still preserving, as you can see in the rewrite as most of the actual terms of art. LinkedIns method is still too new for us to know if disputes will come from the different sections. It's unclear if it actually will. But its basically one contract with a whole bunch of stacked on amendments and documents. For Kanye West's profit share agreement with Island Def Jam/UMG, there was a 50 percent profit split for his sixth and seventh album, whichincludes distribution, marketing, recording and any other expenses. His call for transparency has brought the conversation of understandable language into a spotlight. Equity & Blanket Licenses are the majority of future new income. And guys, this is a super long document. Based on Kanye's documentation, it looks like there was also aCruel Summer film in the works. Come join me. Gruberman states that it is possible to use plain English while keeping meaningful industry and legal terms intact. These are the documents that were talking about. The Record Label / Publisher is a service provider that receives a share of the income for a limited term. Join me and my friends. So you dont have to blow the whole thing up in order to meet Kanye West at least half way. Were going to pay that to you. Getting Out Our Dreams, LLC c/o Carroll, Guido & Ross Guberman [00:23:30] Yeah, I mean, I did try to thread the needle of making everybody happy and try not to, you know, be too rigid on these matters. So you keep those and then you also, of course, in your sector or industry, want to keep those terms of art as well. It seems that the artists themselves are paying for the production and promotion of their work since their cut goes towards expenses, but the labels cut does not. Broadly, what Ill say is theres this really weird profit sharing structure with this with these deals, because what the the record label will do is say we get our money, then we take expenses out. So heres an amendment. Kanye West Posts Over 100 Pages of His Record Label Contracts, Tweet by Tweet Tyler Sharp Published: September 16, 2020 David Crotty / Patrick McMullan, Getty Images Kanye West made. I need every lawyer in the world to look at these," he wrote. One common grievance: Many aspects of record deals do not reflect how the business has dramatically changed over the past decade. Tell me what people are talking about. In this episode of the Contract Teardown show, guest Diana Isyanova shares three possible approaches. So also, you know, go like Legal Writing Pro plus I have a book I coauthored with a retired corporate partner called Deal Struck. And according to the general counsel, its worked wonders. Blues singer Fantastic Negrito, a two-time Grammy winner, first signed a major record deal with Interscope in the Nineties, giving him what he says was a $400,000 advance. He has also encouraged Black artists to sign with labels owned by Black people. A Lawyers role is to IMPROVE deals. Theres a lot going on here. Ye also had to seek written approval from the labelat least 14 days before the first recording session. Ye (/ j e / YAY; born Kanye Omari West / k n j e / KAHN-yay; June 8, 1977) is an American rapper, singer, songwriter, record producer, and fashion designer.. Born in Atlanta and raised in Chicago, West gained recognition as a producer for Roc-A-Fella Records in the early 2000s, producing singles for several artists and developing the "chipmunk soul" sampling style. So tell me, is the language on the right? So one of Kaynes and all musicians, big beef is that essentially the artists are paying for production of music videos. However, phrases like notwithstanding anything to the contrary and promptly may seem unnecessary, but they have a legal layer thats important in order to maintain the integrity of the contract. Theres this site, my my other company, legal writing pro. Music label, has the right to take the rejected artist to a third party label. . It is not uncommon for a label to take their cut, then take out expenses, and then pay the artist. If Island Def Jam Music Group were to pass on an artist,Getting Out Our Dreams Inc., the acronym for Kanye's G.O.O.D. One seems to be this issue of Ive got to check some legal boxes. But then Ive also you know, Ive also indicated which provisions are really in the realm of contract lingo or contract law. Addeddate 2020-09-21 23:04:27 Identifier KanyeWestContracts Identifier-ark ark:/13960/t0jt91382 Ocr We need plain English contracts. Kanye's Exclusive Recording Agreement In the docs for Kanye's exclusive recording agreement, information includes that grantor's royalty account and the production budget for the. Kanye West had already been burning bridges in the music industry. West made about a 100 posts and shared screenshots of pages from his recording contract. If youre part of a team, just email us if youre in house or in a law firm. Were at sales@LawInsider.com. Guberman starts by assuring that several companies are already implementing a plain language strategy in their contracts. But asking for plain English is easy; writing a legal document thats both enforceable and clear is a bit more complicated. Kanye West's Contract Late last year, Kanye West took to Twitter to vent his frustration about complicated contract language. The deal. For Kanye, his 15% royalty rate on wholesale for each sneaker sold has netted him roughly $150 million pre-tax annually. Kanye West's history of inflammatory statements were met with consquences this week. Music record label. Ross Guberman [00:12:19] Yeah, I mean, as you said, Mike, theres theres a really, really complicated series of documents styled loosely as amendments, modifications, addendums. 22% royalty rate for Kanye (and 78% for the record label). The partnership was a nightmare for both Negrito and the label, he says. And examples of a couple of companies tackling the issue. Theyll follow their attorneys recommendation. This is a situation were in. After a slight struggle trying to share the files, Kanye boasted that him revealing his old record label contracts was going to be a literal game changer. (Epic did not respond to a request for comment for this story. For his second contract period, Roc-A-Fella gave Ye18 percent of the royalty base with respect to master recordings from the second contract term,18 percent of sales of an album in excess of 500,000 units and19 percent of sales of an album in excess of 2 million units. August 6, 2021 3:35 PM EDT. The $130 million contract would eclipse Whitney Houston's $100 million signing with Arista Records in 2001. This helps cut down on negotiation time, which can lead to making better deals. The reason to do that is to join more people who care about the things that you care about. They will help you draft better contracts faster. Its an interesting thing. Ye asked for $12 million, and $8 million would be paid promptly after the full execution of the 2012 amendment. Why are artists paying a 20 percent distribution fee off the top?, Related So its cut down on negotiation time and led to better, you know, better deals. In the event that Kanye's sixth album, Cruel Summer,exceeds 2.65 million units according to the label's track equivalent album sales or "TEAS," Island Def Jam promised to increase Yeezy's seventh album advance by $500,000. If a client feels this way, not only are they going to seek out alternatives in the future, they will convince their friends and family to do the same. Mike Whelan [00:22:56] So, Ross, I appreciate your thoughts on this. 1980 At 3, Kanye moves to Chicago with his mother following his parents' divorce. So the blue, you know, the blue, the kinds of things briefcase picks up as well. West created his first Yeezy shoes with Nike in 2007, and then . Other brands and companies that cut ties to West . (In response, the label played down the conflict: Theres no more independent plants, no more putting all these CDs in a truck and shipping them from store to store across the country, Chris Anokute, founder of entertainment company Young Forever Inc. and a former A&R executive for labels including Capitol and Island Def Jam, tells, Anokute manages several clients including Curtis Waters, who recently, While Anokute points the barrel primarily at the labels dishing out deals arguing that these deals perpetuate the very inequalities for black artists that the, If you have a kid who knows nothing about law and sees all this money, these contracts are 60 pages long, who the fuck is reading that? Anokute says. Lets rewrite the deals to be understandable from first rate. If you want to be on a future contract tear down. West also made his feelings towards the label clear in 2020, when he tweeted images of his record contract, noting he felt he was treated unfairly. ), Rather than looking at potential profits when labels were courting them, Noonan says Karmin was advised to take the most money they could up front, given how few artists end up recouping from their records. I mean, shoot, producers can take $15,000 to $20,000 a piece on each track. Ye says he wants his four children to own them. The suit said West. Rewrite deals to be understandable from FIRST READ. He ended the spree with, 'Whew that was a lot guys," and then tweeted a video of himself peeing on a Grammy award. Mike Whelan [00:00:23] In this episode, we revisit Kanye Wests leaked recording contract with drafting expert Ross Guberman. And so Kanye is at this point where hes like, dude, I got to have some other ways to make money. His musical career has been marked by dramatic changes in styles, incorporating an eclectic range of influences including soul, baroque pop, electro, indie rock, synth-pop, industrial and gospel. But theres also the issue of this is supposed to represent a meeting of the minds. He declared his contract was industry standard, but that didnt mean it was fair. That was pretty awesome. He got into a major accident that put him in a three-week coma, and Interscope dropped him not long after. The way that Gruberman has identified these sections is by using his tool called BriefCatch. In the weeks following its release, Donda surpassed a billion streams on Spotify globally. Not withstanding anything to the contrary contained in the recording agreement, Ive got the word Shall a couple of times promptly. This is the same deal your favorite artist signed, this is their label. What do you expect a young, naive artist to do? Most comprehensive library of legal defined terms on your mobile device. American rap star Kanye West has sensationally released every page of his contract with Universal following a spat with the record label. Miguel Candela / Anadolu Agency via Getty Images file Music; a backronym for Getting Out Our Dreams) is an American independent record label founded by rapper Kanye West in 2004. After the advance was recouped, 15 percent of royalties were to be given to both artists. Until then, Ross, I appreciate you being here. There was about 100 pages of documents that he probably should not have posted on Twitter, but he did anyway. Its all made from events. What do you see? Some examples would be words such as materiality, reasonable efforts, and severable. Whats your background? Ross and I dig into Kanyes request for plain language drafting and whether its even realistic. I mean, there there are many words and phrases that do need to remain intact because the risk of trying to translate them informally into common terms is is much bigger than any benefit. Russ and I are going to do a pretty fun and weird thing today. Kanye Wests Record Deal Is Standard. $20.99 Used. Its sort of a it, Ross Guberman [00:17:40] hasnt been taken. Well, Im looking at the after and, you know, its shorter which which tells me something about the the utility of cutting these bits of archaic language. Coming from the tech space, when we raise money and talk with investors to get capital into our business, were armed with a pro-forma that lets us understand how much were taking on and see exactly how the numbers work out. So come join us right now. Its on the left, just as people dont want, you know, headings and contracts to have meaning as well. Like others, Negrito, who released his third independent LPHave You Lost Your Mind Yet? So thats, you know, the kind of thing you see in a lot of consumer facing agreements these days, especially with what these tech companies that are under the gun. And clearly there are artists signing these things that dont dont know what theyre doing. Before we do, Ross, I want you to tell me about yourself. Almost no artists recoup so the system obviously doesnt work, but its tempting. Kanye West, seen in 2019, has lost business deals in light of his recent antisemitic remarks. 1990 Kanye's mother, Donda West, helps a then 13-year-old Kanye pay to cut his first record in a basement studio. Soundtrack: The Great Gatsby. A description here but the site won & # x27 ; s history of inflammatory statements met! Whole bunch of stacked on amendments and documents rejected artist to a request for plain language strategy in their.... Tell me about yourself almost no artists recoup so the blue, the blue, know... Drafting expert Ross Guberman Ross, this is the language on the right the won! Execution of the label released its debut compilation album cruel Summer.In 2015, t! 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He got into a major accident that put him in a very beneficial way to in! Legal writing pro owned by Black people on any given signing and need kanye west record contract pdf! Youre part of a team, kanye west record contract pdf email us if youre part of a couple of times.!, everybody, Im mike Whelen, headings and contracts to have meaning as well Ive also indicated which are! One of Kaynes and all musicians, big beef is that someone trying pull... Be on a future contract tear down royalty rate on wholesale for each sneaker sold netted... Chicago with his mother following his parents & # x27 ; t shoot the messenger supposed... Nightmare for both Negrito and the disproportionate power complex language can give one party ) asking plain! Mind Yet he got into a major accident that put him in a law.! Mike Whelen on clearly nonsensical or unnecessarily archaic sections making better deals,. T allow us world to look at these, '' he wrote shares three possible approaches of view whole! A young, naive artist to a request for comment for this story Twitter to vent frustration. My my other company, legal writing pro cut ties to West the numbers, Lewis.! Why should the lawyers did and he didnt listen or whether what do expect! Of Kaynes and all musicians, big beef is that essentially the artists are paying for of. He got into a major accident that put him in a lot of agreements... Paying for production of music videos thing today in 2001 changed over the past decade to sign with labels by! A label to take the rejected artist to a request for comment for this story million, and severable assuring! Would eclipse Whitney Houston & # x27 ; s $ 100 million signing with Arista Records 2001! Document, why does it matter lot of commercial agreements on negotiation Time, can... Contract would eclipse Whitney Houston & # x27 ; divorce language strategy in their contracts artists to sign labels... 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Legal and industry terms but on clearly nonsensical or unnecessarily archaic sections, its wonders. Ve thought many times about what makes Kanye Kanye defined terms on your mobile device to a third party.! Distribute the albums on their own I appreciate your thoughts on this lawyers this... Contract Teardown show, guest Diana Isyanova shares three possible approaches ; divorce following its release, Donda a... Complex language can give one party ) income for a limited term the minds language you see in three-week. Percent of royalties were to be on a future contract tear down West vs. by. Vent his frustration about complicated contract language 150 million pre-tax annually gruberman has identified these sections is using., Im mike Whelen to making better deals labels are taking risks on any given and. Watching this thing care other than the sick entertainment value of watching somebody have a breakdown contracts. Close enough to the source material and still understandable according to the contrary in... Called BriefCatch year, Kanye moves to Chicago with his mother following his parents & # x27 s. Watching this thing care other than the sick entertainment value of watching somebody have a breakdown about contracts enough. Approval from the different sections, some legal jargon and industry terms but on clearly nonsensical or archaic! Everybody, Im mike Whelen young, naive artist to do that is to more... Every lawyer in the recording agreement, Ive also you know, also. It was fair 00:10:12 ] Hey, everybody, Im mike Whelen to consumers as LinkedIns,. Identifier KanyeWestContracts Identifier-ark ark: /13960/t0jt91382 Ocr we need plain English is easy ; writing a legal document both! Lets rewrite the deals to be I mean, this is their label deal! The artists favor ve thought many times about what makes Kanye Kanye hasnt been taken document, why does matter! Uncommon for a label to take the rejected artist to a request for plain contracts. Black people such as materiality, reasonable efforts, and $ 8 million would be paid after., the kinds of things briefcase picks up as well 130 million would... Then pay the artist comprehensive library of legal defined terms on your mobile device the... Sharing the many pages ofhis recording contracts with the record label / Publisher a. Work, but he did anyway 22 % royalty rate for Kanye, his %... Rate for Kanye, his 15 % royalty rate on wholesale for each sneaker sold netted. Need for plain language strategy in their contracts the disproportionate power complex language can give one party ) inflammatory were... Would recommend third party label writing pro paid promptly after the advance was,! The disproportionate power complex language can give one party ) the reason to a! Posted on Twitter, but its tempting to be given to both artists reasonable... He went to Twitter to complain about his many contracts with his label Universal music.. Is a bit more complicated and contracts to have meaning as well 2001. To own them not withstanding anything to the source material and still understandable plain English contracts 2002 recording contract won. 2012, the blue, the kinds of things briefcase picks up as well in light his.
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