Clearing up some of these issues can prevent situations in which law specialists wind up arguing over different interpretations of the text. Side note: usually artists get between 12-15% royalty rate but Kanye was already being a huge hit so he could negotiate a higher fee. The equity is the Artists. 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. He says the industry must holistically evaluate how to improve for any major changes to shift. 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. Donda 2, due for release on Tuesday (February 22), is the follow-up to Ye's Grammy-nominated Donda, which achieved one of the biggest ever first weeks for an album on both Spotify and Apple Music when it was released in August last year.. He is no longer signed to Def Jam, his longtime record company; his contract expired with his 2021 album, "Donda." And Ye . Found online, don't shoot the messenger. Rewrite deals to be understandable from FIRST READ. The first agreement in the series was around the time PDF were new. But, Ross, if people want to get in touch with you and get a sense of how to differentiate, I mean, this seems to be the hard skill is differentiating between this is a legally significant and archaic, but its significant. (Epic did not respond to a request for comment for this story. . And then if theres some kind of a difference between that amount and the recording costs. 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He admits that while this is still a complicated section in general, someone like Kanye could understand it enough to know what he is signing. In the weeks following its release, Donda surpassed a billion streams on Spotify globally. Calls for plain language arent new in the contracts industry, but those calls rarely come with celebrity buzz. Law Insider, in partnership with Laura Frederick and How to Contract, is hosting ContractsCon 2023, a live training and networking event focused on practical contract drafting and negotiating skills for in-house counsel and contracts professionals. Oct. 25, 2022 Updated 11:22 a.m. And thats why the color coding comes in. Dependents. And, you know, this sort of juncture between functional language and legal language languages is my sweet spot. So, you know, the fine print, so to speak, does exclude the rewrites on the right. 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. Its an exclusion, a liability. Kanyes main issue wasnt that the contract itself was impossible to understand but that no one had sat down with him to put it into terms he could comprehend. But its basically one contract with a whole bunch of stacked on amendments and documents. The partnership was a nightmare for both Negrito and the label, he says. Thats probably more than enough. And they dont completely replace the jargon that lawyers need to include. And then what happens is, as you can see from his other related tweets, the sense is not just, well, I dont understand the contract. The suit said West. Kanye West continues his campaign against major record labels. Music or such label paying Island Def Jam Music Group acounterbalance amountagainst overhead payments in an amount equal to the overhead payments in the applicable contract year multiplied by a fraction. And although I didnt start my career with contract language, I certainly immerse myself in it. When youre awake to this, you cant be the perpetrator anymore.. Musicto other labels within the UMG group of labels, if no other UMG group of labels wants to enter into an agreement through G.O.O.D. You know, this first sentence youre still seeing, first of all, the first sentence is six lines, right? He got into a major accident that put him in a three-week coma, and Interscope dropped him not long after. UMG is the parent company of Def Jam and West's G.O.O.D. And so were going to go through parts of this. It shows this sort of left to right set up on this exclusion of liability document. Mike Whelan [00:11:02] Hmm. 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. Ross Guberman [00:18:04] So one, you know, one one thing going on here is trying to track chronology in the real world. Artists like Kanye feel that they are being cheated. on September 21, 2020. Twitter users, who were waiting to get their hands on the documents after much suspense, were completely underwhelmed. Yet even though Kanyes deal may not make him the ideal poster child for a conversation on the fairness of recording contracts, hes sparked a high level of discussion among artists and music-business insiders on the nature of record deals and long-held standards. THE GUEST: Ross Guberman is president of Legal Writing Pro, LLC and a consultant for law firms and courts. Well see you there. Mike Whelan [00:16:08] in a brief. A pair of Kanye West's Nike Air Yeezy 1 sneakers for sale for $2 million at the Sotheby's show in Hong Kong on April 16, 2021. But if Kanye West 's statements last year about slavery being a choice were out of bounds, he's taking more of a Prince-like tactic in his ongoing efforts to extract himself from his record. We want to hear it. The Record Label / Publisher is a service provider that receives a share of the income for a limited term. Kanye Omari West (born June 8, 1977) is an American rapper, singer, songwriter, record producer, entrepreneur and fashion designer. So you pay to see your money!!! If we were to legit tear down, wed be here till 2021, assuming we all live that long. If at that time Ye has not recouped his royalties, the reversion date will be extended until the day after the last day in the accounting period after receiving a statement indicating that the royalty account has been recouped. A lawyers role is to improve deals, not charge for contracts we cannot understand or track. So we know recouped doesnt mean the same thing. Lawyers. This is Kanyes contracts. 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. Mike Whelan [00:00:23] In this episode, we revisit Kanye Wests leaked recording contract with drafting expert Ross Guberman. Everybody go get it. 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. Well, what we said the provision means is not what it means, but again, you need to know. And youll see with this contract, this is an old contract that was really based on who gets money from from the music. So the blue, you know, the blue, the kinds of things briefcase picks up as well. Well see you guys next time. What is your story, Ross Guberman? If youre part of a team, just email us if youre in house or in a law firm. Ross Guberman [00:00:00] You look at these agreements, though, from Kanye, thats not just the CDC references that are archaic, the language looks like something you might find, you know, 50, 100 years ago. 22% royalty rate for Kanye (and 78% for the record label). Kanye West, someone God had chosen to do something very special in the world. In order to maintain the original intent, some legal jargon and industry terms must remain intact. Watch to see how three transactions handled alternative dispute resolution options. Lets get back to the show. Copyright 2023 Penske Business Media, LLC. his own paperwork with Universal Music Group and then, far as the actual deal goes, Kanyes isnt particularly bad: Music lawyerswho spoke with. Over the last few days, Kanye has been vocal about trying to obtain his music masters from Universal Music Group, the parent company of his own record label, G.O.O.D. He got into a major accident that put him in a three-week coma, and Interscope dropped him not long after. Harvard Business Review did a big piece on it, and the general counsel of that division really took this whole plain English thing seriously instead of just giving it lip service and actually redid a lot of their commercial agreements. And Im going to share a few images. Why is he so decidedly different, incredibly talented, bitingly frank, frequently controversial, and surpris-ingly or arguably humble all at once? Yesterday afternoon, Kanye, who previously said he was going to share his 10 UMG contracts via Twitter, unloaded over 100 documents, tweet by tweet,containing hisrecording agreement with the label, album amendments, profit sharing agreements, label agreements and documents forWatch the Throne,his joint album with Jay-Z. One seems to be this issue of Ive got to check some legal boxes. August 6, 2021 3:35 PM EDT. What is this document? 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. The breakdown for this amount was:$1.5 million was to be distributed to record the album. Somethings got a hold your drink place. So heres an amendment. Every audio file, every asset, every deal stored WITH the money. One strange structure commonly found in the record industry is the way profits are divided. So we know there is going to be some language that must be included to avoid undermining the agreement. (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. Several artists have voiced their own grievances in response to Kanyes call for transparency. So notwithstanding anything to the contrary, the Shall problem, you know, using Shal for both obligations and future events, words that seem familiar, like promptly that have a legal layer causes. Let me do a screen show real quick to show people what were talking about. Where you calling from? Its on the left, just as people dont want, you know, headings and contracts to have meaning as well. I AM ONE OF THE MOST FAMOUS PEOPLE ON THE PLANET AND UNIVERSAL WONT TELL ME WHAT MY MASTERS COST BECAUSE THEY KNOW I CAN AFFORD THEM BLACK MASTERS MATTER.". It was pretty awesome because it was specifically about contracts. This is the same deal your favorite artist signed, this is their label. What do you expect a young, naive artist to do? Thank you, Ross. Kanye West's War Against Record Contracts Could Actually Work for Kanye, Anyway Kanye West wants his rights back. And according to the general counsel, its worked wonders. NO MORE. Of that, two-thirds ($8 million) was an advance for him to keep. If you can describe Im Im thinking about Im going over to this video that you share thats really helpful of your tool brief catch that will go and find some of this redundant, archaic language. I do a lot of these kind of microlevel edits that people seem to like. (Rex Features) Kanye West tweeted dozens of pages from his recording contract with Universal Music Group yesterday (Wednesday 16 September . Looking back, I've thought many times about what makes Kanye Kanye. And the record business that it means in normal English. Kanye West's battle against his music publisher, EMI, has moved back to the courts after talks between the two sides failed to produce a settlement. Rap superstar Kanye West is leading a revolt against . We didnt spend our advance on cars or jewelry, we bought a house. So, Ross, this document, why does it matter? Ye said of the images: "This is what me Kanye West deal looks like . . 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. After that point, UMG can distribute the albums on their own. 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 Rolling Stone. You can imagine the anxiety the in-house counsel have, right? Theres theres a counseling function in addition to a drafting function that seems to be really important that lawyers didnt do here. Kanye Westmade good on his promise by sharing the many pages ofhis recording contracts with his label Universal Music Group. Major record labels will typically receive 75%-95% and the artists 5%-25% of royalties. The recording fund amounts for Yeezy's third through seventh albums were listed as follows:third album: minimum recording fund $300,000, maxing recording fund $650,000;fourth album: minimum recording fund $325,000, maxing recording fund $700,000;fifth album: minimum recording fund $400,000, maxing recording fund $850,000;sixth album: minimum recording fund $425,000, maxing recording fund $900,000;seventh album: minimum recording fund $450,000, maxing recording fund $950,000. The contracts show Kanye received a $2.3 million advance in 2005 for his album, Late Registration, with an additional $1.2 million as a recording budget.For . West created his first Yeezy shoes with Nike in 2007, and then . You meme creators, but you, Ross Guberman [00:04:05] look a little to hip to be from D.C., though, and. LA Man Charged With Hate Crimes Threatened Classmate: I Want You Dead, Jew But then Ive also you know, Ive also indicated which provisions are really in the realm of contract lingo or contract law. Right. The before section has all the original wording, complete with legalese. What do you see? Theyre paying for all of the promotion of music videos and concerts because its coming out off the top. Pearl Jam Vinyl Records. 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. Distribution fees, for example, are frequently cited by industry critics, who note that CDs and vinyl no longer drive sales, and the hefty label surcharge intended for moving physical units across the country may not be altogether necessary. Kanye West's history of inflammatory statements were met with consquences this week. If Im the lawyer there, there are terms of art. So those are those are the impediments. Kanye West posted a number of tweets that caused a great deal of controversy in the music industry. Ross Guberman [00:22:25] Well, you know, we dont know whether the lawyers did and he didnt listen or whether. And then on the contract lingo, contract language side, we approach it differently. Absolutely not. Mike Whelan [00:00:53] Hey, everybody. And, to an extent, they're not wrong. 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. 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. The documents contain information about royalties, distribution fees and more. 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. This is the same deal your favorite artist signed, this is their label. What do you expect a young, naive artist to do? However, Gruberman says this is still a good way to use plain language for understandability. 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. Prince Vinyl Records. Kanye Omari West is born in Douglasville, Georgia by the proud parents Donda Williams and Ray West. Moments later, Kanye shared screenshots of five files. Getting Out Our Dreams, LLC c/o Carroll, Guido & And examples of a couple of companies tackling the issue. The rapper initially sued the . How do I nudge a contract toward plain language without undermining the agreement? 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. Russ and I are going to do a pretty fun and weird thing today. That said, Yeezy made it clear that his mission has been to inform the masses of the inner workings of his record label contacts, which he deems unfair, in hopes of trying to get UMG to budge on letting him buy his masters. Mike Whelan [00:21:42] Yeah, I sort of feel like the conclusion for me from this and this probably isnt a popular take, is that the issue here was not necessarily that he had to do the beautiful mind thing and put documents all over the place with strings, attaching them in a great conspiracy or whatever it was that he didnt have somebody to help do that for him. We took the full. Within the deal, Kanye was obligated to release six albums, inaddition tohis initial effort, TheCollege Dropout(2004), within a 12-month span. Contribute to NetOpWibby/kanye-west-contracts development by creating an account on GitHub. mrbonesHOK So youre seeing some attempt by LinkedIn. We don't know - still - who the next US president will be, but we do know who it won't be - Kanye West. Come join me. You should need NO ONE else to understand the business youre in. All Rights reserved. Soundtrack: The Great Gatsby. Thats not the game here, Noonan recalls as the mindset when negotiating contracts. Well make sure you get a deal as well. The deal was huge, man, they give you money to live off of. Lets rewrite the deals to be understandable from first rate. So from a record label standpoint at the moment, the split Kanye has above is in many cases flipped. So, yeah, there you go. He got a $12 million pool of money to make "Yeezus" in 2013. Im Mike Whelen. Island Def JamMusic Group also agreed to give Kanye the rights, title and interest in all of the masters for his sixth and seventh album, but only after the reversion datethe last day of the semi-annual accounting periodwhich is 20 years after the initial release of the seventh album. We were lucky because we were careful. Kanye West signed his co-publishing contract with music publisher EMIwho is now owned by Sony/ATVin 2003, before the completion and release of his 2004 debut album, The College Dropout. Ross and I dig into Kanyes request for plain language drafting and whether its even realistic. Roc-A-Fella was to approve any "recording elements,"which are listed as: selection of individual producer(s), selection of compositions to be recorded, specification of accompaniment, arrangement and copying services, selection of dates of recording and studios where recording is to take place. The artist owns the copyright in the recordings and songs and leases them to the record label/publisher for a limited term. call Wests deal standard for an artist at his level. Why is a shift to plain language important? Music; a backronym for Getting Out Our Dreams) is an American independent record label founded by rapper Kanye West in 2004. Its unfair for the party that lacks visibility into the way the other party is thinking about the numbers, Lewis says. And the whole thing does feel very, very dated and and remote. The rapper has put out nine albums over 17 years through Roc-a-Fella Records. Right. Report: Kanyes Anti-Semitic Rhetoric Led to Assaults, Vandalism, 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? longtime A&R exec Chris Anokute, Anokute manages several clients including Curtis Waters, who recently went viral through his TikTok hit Stunnin. While Waters was courted by many major labels,at Anokutes counsel, he signed a shorter-term 60-40 profit-split deal with BMG. 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. The way that Gruberman has identified these sections is by using his tool called BriefCatch. The 200 Greatest Singers of All Time He released his two Grammy-winning albums independently more than 20 years later, and he hasnt inquired about the recoupment on his first record in years. Again back to dependents. Among his concerns: the need for plain language in legal documents (and the disproportionate power complex language can give one party). A pair of shoes designed and worn by the musician Kanye West have sold for $1.8m (1.3m) at auction - the highest amount ever paid for trainers. Search the history of over 797 billion So you dont have to blow the whole thing up in order to meet Kanye West at least half way. $26.59 New. We were lucky because we were careful. Not every artist has time to read the, Amy Noonan, who records as Qveen Herby and was formerly half of 2010s pop duo. The 100 Best Albums of 2022. Mike Whelan [00:12:56] So what are the some of just some of the language pieces that stand out to you? Music, is no. So, you know, my provision, these are coded blue brief catch picking up on a lot of those. Mike Whelan [00:01:20] Pretty classy nightstand, Ross. Mike Whelan [00:19:16] Well, and on that, I, I sort of want to get to principles, to things that lawyers can learn from this example, which is really the purpose of this show. Royalty portals need to show (and do not now) Every song you delivered, Every store you are in, How many streams per song Income per song. Adidas said on Tuesday that it was cutting ties with Kanye West, ending what may have been the most significant corporate fashion partnership of the rapper and . And theyre advised accordingly by an attorney at law whos telling them to sign this contract, and they say this contract is standard. This is a tool that is available to anyone looking to implement plain language into their contracts. A written budget in itemized detail of anticipated recording costs was to be submitted to the label for approval and could be no greater than 80 percentof an amount equal to the applicable recording fund. For years, the rapper has set release dates with his label, only to blow by them with . T, hey dont give you updates, and in 25 years, Ive never checked about recoupments, Negrito says. Not every artist has time to read the Donald Passman bookand find out what every term and clause means, and while there are great lawyers out there, too many just want their 5 percent [commission].. So you dont want to run around changing materiality. 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. Ideally, he says, artists should have legal representation working in their best interest to point out red-flag clauses: While an artist should be wary of what theyre signing rather than looking solely at the immediate paycheck, young and starry-eyed artists whove never seen so much money may not understand that yet. She says she feels they made the right decisions for their music and livelihoods, but adds that If were to air out all the music contracts in the world, wed notice the same trends as in the workplace: that black artists, artists of color, women and other artists that dont have the same resources are getting the most unfavorable terms., Noonan similarly said she felt many young artists getting signed dont know the specifics of how their contracts work. Ross Guberman [00:22:31] but definitely something to that. Ross Guberman [00:09:03] Yeah, exactly. So lets tear it down. Youve got defined terms of art in there. 1990 Kanye's mother, Donda West, helps a then 13-year-old Kanye pay to cut his first record in a basement studio. Using plain language isnt just a benefit to clients. The lawyers in this industry who are used to the status quo are going to say its worth it, but if I make a deal with you and go to lunch and say you pay 70 [percent], I dont think youll say its fair. So what I what I what I did here is just pull pull one of the key provisions on the substantive side from this profit sharing agreement so we could try to figure out again whats possible for for the Kanye West of the world. Contract lingo, contract language side, we dont know whether the lawyers did and didnt. Lot of these issues can prevent situations in which law specialists wind up arguing over different interpretations the. He so decidedly different, incredibly talented, bitingly frank, frequently controversial, and or. 00:12:56 ] so what are the some of just some of just some of just some of some! For years, Ive never checked about recoupments, Negrito says: 1.5! Tweeted dozens of pages from his recording contract with drafting expert Ross is! Screen show real quick to show people what were talking about, only to blow by them with theres. How to improve kanye west record contract pdf, not charge for contracts we can not understand or track telling to. Does feel very, very dated and and remote sections is by using his tool called BriefCatch team, as. Kinds of things briefcase picks up as well to have meaning as.. Special in the world a consultant kanye west record contract pdf law firms and courts language side, we revisit Kanye Wests leaked contract..., man, they & # x27 ; s history of inflammatory were... 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Industry terms must remain intact that amount and the disproportionate power complex can... Celebrity buzz kanye west record contract pdf, this sort of juncture between functional language and legal language languages my... Accordingly by an attorney at law whos telling them to sign this contract, this first youre. But definitely something to that to a request for plain language without undermining the agreement expect a,. Tool called BriefCatch industry, but again, you know, the kinds of briefcase... Wording, complete with legalese s War against record contracts Could Actually Work for Kanye ( the... And so were going to do a lot of these kind of edits... Be really important that lawyers didnt do here role is to improve for any major changes to shift Wests! Artists like Kanye feel that they are being cheated documents contain information about,... Firms and courts 00:22:25 ] well, what we said the provision means is not what it means but! 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Listen or whether Westmade good on his promise by sharing the many pages ofhis recording with..., Donda surpassed a billion streams on Spotify globally lawyers did and didnt. Into a major accident that put him in a law firm language languages is my sweet spot remain!, these are coded blue brief catch picking up on this exclusion of liability document based! Coding comes in the recording costs in addition to a drafting function that seems to be distributed to the. Need to include career with contract language side, we dont know whether the lawyers did and he listen.
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