Yorick, and any other musicians, please read - advice urgently needed!

[Firim Silraven]

I have been approached by an independent record label who are interested in "releasing my material and doing radio promotion on it". The following is the email they sent me:


Regarding the materials on your web site.
I am interested in the materials on your site. Statue is a major
independent record company and would like to discuss the possibility of
releasing this material and doing some radio promotion on it.
If your record is available for licensing and distribution please
contact
me at your earliest opportunity by sending me an email to
wr@statuerecords.com

Best Regards,

Warren Ryan
Manager A&R
Statue Records Group Los Angeles
wr@statuerecords.com
310-891-0020 M-F 10-3pm PST (Music Calls)
Statuerecords.com
gwe@Statuerecords.com


I was just wondering, from a more experienced musician, what sort of deal is this offering me? And, I know this seems silly, but I don't know if my material is available for licensing and distribution. I have copies of both my albums, and can get more quickly, and it is not currently under any contract to anyone, so does this mean it is available for licensing?

I've waited for label interest for years, and when it finally comes I don't have a clue what to do!

Thank you for any help and advice you might be able to give.

[Firim Silraven]

Actually I've just read messages on musesmuse.com, and it seems that many people have recieved emails identical to this and there's a big hint of scam around Statue Records. They seem to be a known 'vanity label', who regularly pick up unsuspecting, and relatively inexperienced, musicians like myself on Soundclick - and I thought they'd noticed me because I'm top 10 in the pop-rock charts there!

Sorry for wasting anyone's time with the original message, I should have researched a bit more thoroughly beforehand!

[Yorick]

That's awesome you're top 10 on soundclick mate! Well done!

You're probably right, they probably did notice you on soundclick.

What is the scam? If they want any money from you, it's bogus. They should offer YOU money - an advance on royalties.

Let's look up Statue records and see if they are actually selling CDs. Just because they contacted others on Soundclick doesn't necessarily mean it's bogus. It all depends on what they offer.

[Yorick]

It's wierd that they have so many artists, and then so many artists I've never heard of, and then so many albums for $4.

Odd. They pride themselves on signing the most artists, but what are they doing with those artists? The plans they have for the site might be cool. If they really CAN get airplay, that's a HUUUUGE plus, but where is the airplay?

I haven't been able to sample the tracks of their artists however. My mac OSX realplayer has expired....

As said, it all depends on what they're offering. What the deal is.

[Firim Silraven]

Originally posted by Yorick: What is the scam? If they want any money from you, it's bogus. They should offer YOU money - an advance on royalties.

Apparently there's a clause in the contract that says for inclusion on the Statue Records website, the artist must stump up $100, for webspace costs etc. If the artist declines, they are still signed but Statue reserve the right to delete them from the catalogue if they sell less than 10 units in a year or something. But then, what is the good to the artist of being signed if the label can't help shift 10 CDs in a year?

[LordKathen]

Don't sell yourself short man. Wait for a more reputable label to offer a deal that is fair to everyone. I would'nt do any business like this over the internet, just to scary. Your music is good in my opinion and you should wait for a real live person to do business with. Good luck. [img]smile.gif[/img]

[Yorick]

Originally posted by Firim Silraven: quote: Originally posted by Yorick: What is the scam? If they want any money from you, it's bogus. They should offer YOU money - an advance on royalties.

Apparently there's a clause in the contract that says for inclusion on the Statue Records website, the artist must stump up $100, for webspace costs etc. If the artist declines, they are still signed but Statue reserve the right to delete them from the catalogue if they sell less than 10 units in a year or something. But then, what is the good to the artist of being signed if the label can't help shift 10 CDs in a year? [/QUOTE]Sounds dodgy.

[Yorick]

Any more word Ben?

[Firim Silraven]

EDIT: Check a few posts down before trawling through this very long, boring contracty thing. I found new stuff that probably makes this irrelevant:


I did more scouting round Muses Muse and apparently this is what Statue email out in reply to enquiries as to what the deal is:


"Here are the general contract terms we are proposing relative to licensingyour product. I am proposing to make CD's of the tracks you have availablenow for radio promotion, if statue gets air we will get retail orders whichwe will fill and you will get a royalty percentage of the sales. You haveno cost or expenses associated with this, statue pays all costs associatedwith manufacturing and marketing.In addition to breaking records we place some of our music in major motionpictures such as Warner Bothers “Outbreak” featuring Dustin Hoffman, MorganFreeman and Donald Sutherland. If you have any questions please do nothesitate to contact me.We are looking forward to launching our new web site in several weeks thatwill allow customers to download individual songs or an entire record for afee. There are very few that have this powerful new delivery option outsideof the majors. We are developing a new artist only private section whereact’s can see their CMJ and R&R charts and other radio and media proprietaryinformation along with management and booking agent contacts. Then there isthe new video streaming which we are really excited about.Statue looks forward to working with you and are hopeful that we can come toan understanding regarding the licensing of your material. If you decideyou want to move forward after reviewing our proposal, please email me theaddress where you would want royalty payments sent along with the legalnames of the personnel who will be on the contract. I will have executioncontracts drawn up and then emailed over to you for signature along withcomplete signing instructions.Don't hesitate to write of call me with any questions.Best regardsGeoffrey EmeryVPStatue Records Group LAStatuerecords.comgwe@statuerecords.com310-718-0025 (direct)310-891-0020 (switchboard)310-891-0524 (fax)PO Box 1927Lomita CA 90717DISTRIBUTION CONTRACTDEAL POINTS· ARTIST RETAINS OWNERSHIP OF MASTERS.· ARTIST RETAINS OWNERSHIP OF PUBLISHING.· TERM OF AGREEMENT IS AT DISCRETION OF ARTIST (TO BE DETERMINEDPRIOR TO EXECUTION)· STATUE MANUFACTURES AND PACKAGES RECORDINGS AND ARTWORK.· ARTIST MAY PURCHASE RECORDINGS MANUFACTURED BY STATUE AT ADISCOUNTED RATE.· ARTIST MAY CONTINUE TO MANUFACTURE AND SELL CD’S ON THEIR OWN.IF ARTIST HAS MANUFACTURED CD’S, AT ARTIST OPTION, STATUE WILL DISTRIBUTETHOSE CD’S AT AN ALTERNATIVE ROYALTY RATE THAN THAT OFFERED BELOW.STATUE RECORDS GROUPNON EXCLUSIVEDISTRIBUTION CONTRACT#2004-1. THIS AGREEMENT DATED _______________ 2004 IS BETWEEN STATUERECORDS INC.(HEREINAFTER REFERRED TO AS "STATUE"), HAVING ITS PRINCIPALPLACE OF BUSINESS LOCATED IN HOLLYWOOD CA, AND_______________________________________________ __________________________________________________ __ CURRENTLY PROFESSIONALLY KNOWN AS________________________________________________ _____________________(HEREINAFTER REFERRED TO AS "ARTIST"), WHOSE ADDRESS IS________________________________________________ _________________________________. THE PURPOSE OF THIS AGREEMENT IS TO PROVIDE FOR ARTIST'S DELIVERY TOSTATUE RECORDS OF MASTER RECORDINGS (AS HEREINAFTER DEFINED) TO BE EMBODIEDON AN EP OR LP AND STATUE'S PROMOTION, RELEASE AND DISTRIBUTION THEREOF.2. ARTIST AGREES TO DELIVER (1) LP MASTER RECORDING (AS HEREINAFTER DEFINED)TO STATUE IN CD OR CDR FORMAT, SAID LP WILL CONSIST OF ___ SONGS. STATUEWILL MANUFACTURE CD’S AS REQUIRED TO FULFILL INTERNET AND RETAIL ORDERS FORTHIS PRODUCT. AS AN ALTERNATIVE, AND IN THE EVENT ARTIST CHOOSES TO DELIVERTO STATUE MANUFACTURED CD’S AND OR CASSETTES, ARTIST WILL DELIVER ANINITIAL SHIPMENT OF 0 COPIES (ONLY FILL IN IF ARTIST IS PROVIDINGPRODUCT) OF THE RECORDING IN CASSETTE OR CD FORMAT. THE TERRITORY FORRELEASE OF THIS RECORDING WILL BE THE WORLD. INCLUSION IN THE STATUE RECORDSWEB SITE IS AT ARTIST OPTION. IF ARTIST ELECTS TO BE LISTED ON THE STATUERECORDS WEB SITE (STATUERECORDS.COM) ON EXECUTION OF THIS AGREEMENT ARTISTWILL TENDER TO STATUE RECORDS A ONE TIME SET UP FEE PAYMENT IN THE SUM OFONE HUNDRED DOLLARS TO COVER WEB PROGRAMMING COSTS ASSOCIATED WITH INCLUSIONOF ARTIST RECORDINGS ON THE STATUE RECORDS WEB SITE. (CHECK ONE OF THE TWOFOLLOWING OPTIONS) ARTIST IS TO BE INCLUDED ON STATUE WEB SITE _____,ARTIST DECLINES TO BE INCLUDED ON STATUE WEB SITE_____.3. FOR THE RIGHTS HEREIN GRANTED AND FOR THE SERVICES TO BE RENDEREDHEREUNDER BY ARTIST, STATUE SHALL PAY ARTIST WITH RESPECT TO EACH RECORDING(AS HEREINAFTER DEFINED) EMBODYING SOLELY THE MASTER RECORDINGS HEREUNDERWHICH ARE SOLD IN THE TERRITORY OR DOWN LOADED FROM THE STATUE INTERNET SITEA ROYALTY OF 25% (SOMETIMES HEREINAFTER REFERRED TO AS THE "BASIC RATE")COMPUTED ON A ROYALTY BASE OF THE SUGGESTED WHOLESALE LIST PRICE ("SWLP") OFTHE RECORDING OR THE ACTUAL RETAIL PRICE OF INTERNET DOWN LOADS. STATUEWILL NOT PAY ARTIST ANY ROYALTY INCLUDING BUT NOT LIMITED TO, MECHANICAL ANDPERFORMANCE ROYALTIES FOR RECORDINGS SOLD DIRECTLY TO THE ARTIST AT THEARTIST WHOLESALE RATE AS SET FORTH IN PARAGRAPH 10 HEREIN4. NO ROYALTIES SHALL BE PAYABLE IN RESPECT OF RECORDINGS HEREUNDER GIVENAWAY FOR PROMOTIONAL PURPOSES OR SOLD AT BELOW STATED WHOLESALE PRICES TODISC JOCKEYS, RECORD REVIEWERS, RADIO, ARTIST AND TELEVISION STATIONS ANDNETWORKS, MOTION PICTURE COMPANIES, MUSIC PUBLISHERS, OR FOR THE FIRST 100UNITS SOLD AT RETAIL OR OVER THE INTERNET. STATUE'S CUSTOMARY CONTAINERCHARGES FOR ALBUMS, TAPES, JACKETS, BOXES, OR OTHER PACKAGING AND CONTAINERSAND SHIPPING COSTS WILL BE EXCLUDED FROM THE ROYALTY BASE FOR THE PURPOSE OFCOMPUTING ROYALTIES.5. (A) PAYMENT OF ACCRUED ROYALTIES, IF ANY, SHALL BE MADE SEMI-ANNUALLY ONOR BEFORE (45) DAYS AFTER THE END OF THE APPLICABLE PERIOD ENDING IN MARCHAND SEPTEMBER OF EACH YEAR.6. SUBJECT TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, ARTIST HEREBYGRANTS A LICENSE TO STATUE TO REPRODUCE AND DISTRIBUTE THE MASTER RECORDINGSIN THE TERRITORY. ARTIST'S DOES HEREBY LICENSE ITS RIGHTS, TITLES ANDINTERESTS IN AND TO THE MASTER RECORDINGS HEREUNDER EMBODIED ON THERECORDINGS HEREIN DEFINED AND ALL REPRODUCTIONS MADE THEREFROM, TOGETHERWITH ALL SOUND RECORDING COPYRIGHTS THEREIN (EXCLUDING THE COPYRIGHTS TO THEUNDERLYING COMPOSITIONS) AND THE PERFORMANCES EMBODIED THEREIN, ARE HEREBYLICENSED, FOR THE TERM OF THIS AGREEMENT, TO STATUE FOR THE TERRITORY. THELICENSE WILL BE FREE OF ANY CLAIMS WHATSOEVER BY ANY PERSON DERIVING ANYRIGHTS OR INTEREST FROM ARTIST. WITHOUT LIMITATION OF THE FOREGOING, STATUESHALL HAVE THE RIGHT TO MAKE RECORDINGS OR EFFECT PAID INTERNET DOWNLOADS OFSUCH RECORDINGS OR OTHER REPRODUCTIONS OF THE PERFORMANCES EMBODIED IN SUCHMASTER RECORDINGS SOLELY WITHIN THE TERRITORY BY ANY METHOD NOW OR HEREAFTERKNOWN, AND TO SELL DEAL IN OR OTHERWISE DISPOSE OF THE RECORDINGS SOLELYWITHIN THE TERRITORY OR STATUE MAY AT STATUE'S ELECTION REFRAIN THEREFROM.THE TERRITORY FOR PURPOSES OF THIS SECTION AND SECTION 7 BELOW IS DEFINEDAS THE WORLD.7. STATUE SHALL HAVE THE RIGHT IN THE TERRITORY TO USE AND TO ALLOW OTHERSTO USE ARTIST'S NAME, LIKENESS AND BIOGRAPHICAL MATERIAL CONCERNING ARTIST,SOLELY FOR ADVERTISING THE RECORDINGS HEREUNDER AND FOR PURPOSES OFPROMOTING ARTIST AND MARKETING THE RECORDINGS HEREUNDER.8. ARTIST SHALL BE RESPONSIBLE FOR THE PAYMENT OF MECHANICAL ROYALTIESDIRECTLY TO THE COPYRIGHT PROPRIETORS OF THE MUSICAL WORKS EMBODIED ON THEMASTER RECORDINGS HEREUNDER.9. ARTIST SHALL BE SOLELY RESPONSIBLE FOR AND SHALL PAY ALL ROYALTIES ANDOTHER COMPENSATION WHICH MAY BE PAYABLE TO ANY PRODUCERS OF THE MASTERRECORDINGS HEREUNDER.10. STATUE AGREES TO SELL THE RECORDINGS HEREUNDER TO ARTIST IN ANY FORMATCONFIGURATION CURRENTLY IN OPEN CATALOGUE AT ITS “ARTIST” WHOLESALE PRICETHEREFORE. STATED “ARTIST” WHOLESALE PRICES ARE AS FOLLOWS: FULL LENGTHCD'S ARE $7.95, CD EP’S ARE $7.00 EACH. STATUE AGREES TO SELL CD LP’S OREP’S IN QUANTITIES OF 10 UNITS AT $3.00 EACH TO ARTIST AT ARTIST ELECTION.THE $3.00 PRICING WILL BE EXEMPT FROM ALL ROYALTY PAYMENTS, ARTIST WAIVESALL ROYALTIES ON SUCH SALE . STATUE RESERVES THE RIGHT TO DETERMINE THEFORMATS IN OPEN CATALOGUE. COMPACT DISCS WILL ALWAYS BE IN OPEN CATALOGUE.STATUE RESERVES THE RIGHT TO RAISE THE RATES SET FORTH IN THIS SECTION BY10 PERCENT PER YEAR DURING THE TERM OF THIS AGREEMENT. THE RIGHT TO SOINCREASE WOULD OCCUR ON THE ONE YEAR ANNIVERSARY OF THE EXECUTION DATE ANDWOULD SO APPLY TO EACH ANNIVERSARY DATE FOR THE TERM OF THIS AGREEMENT.11. NEITHER PARTY HEREUNDER SHALL BE DEEMED TO BE IN BREACH OF ANY OF ITSOBLIGATIONS HEREUNDER UNLESS AND UNTIL THE PARTY NOT IN BREACH SHALL HAVEGIVEN THE BREACHING PARTY WRITTEN NOTICE BY CERTIFIED OR REGISTERED MAIL,RETURN RECEIPT REQUESTED, DESCRIBING IN DETAIL THE BREACH, AND THE BREACHINGPARTY SHALL HAVE FAILED TO CURE THAT BREACH WITHIN (30) DAYS, AFTER THEBREACHING PARTY'S RECEIPT OF SUCH WRITTEN NOTICE.12. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREOF SHALL NOTAFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION HEREOF.13. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT BETWEEN STATUE ANDARTIST WITH RESPECT TO THE SUBJECT MATTER HEREOF. NO MODIFICATION,AMENDMENT, WAIVER, TERMINATION OR DISCHARGE OF THIS AGREEMENT OR ANYPROVISION HEREOF SHALL BE BINDING UPON STATUE OR ARTIST UNLESS CONFIRMED BYA WRITTEN INSTRUMENT SIGNED BY ARTIST AND BY A DULY AUTHORIZED OFFICER OFSTATUE.14. NEITHER PARTY'S WAIVER OF ANY PROVISION OF THE AGREEMENT OR ANYDEFAULT HEREUNDER SHALL AFFECT SUCH PARTY'S RIGHTS THEREAFTER TO ENFORCESUCH PROVISIONS OR TO EXERCISE ANY RIGHT OR REMEDY IN THE EVENT OF ANY OTHERDEFAULT, WHETHER OR NOT SIMILAR. ALL REMEDIES, RIGHTS, UNDERTAKINGS, ANDOBLIGATIONS CONTAINED IN THIS AGREEMENT SHALL BE CUMULATIVE AND NONE OF THEMSHALL BE IN LIMITATION OF ANY OTHER REMEDY, RIGHT, UNDERTAKING OR OBLIGATIONOF EITHER PARTY.15. ARTIST REPRESENTS AND WARRANTS THAT EACH MEMBER IS OVER 18 YEARS OFAGE AND IS LEGALLY COMPETENT TO EXECUTE THIS AGREEMENT. IF ARTIST IS AMINOR UNDER THE AGE OF 18 ARTIST MAY CONTRACT THROUGH THE AGENCY OF A PARENTOR GUARDIAN.16. AS USED IN THIS AGREEMENT THE TERM "ARTIST" SHALL BE DEEMED TO REFERINDIVIDUALLY AND COLLECTIVELY TO EACH OF THE MEMBERS OF THE GROUP COMPRISINGARTIST. THE OBLIGATIONS, LIABILITIES, PROHIBITIONS AND RESTRICTIONS IMPOSEDUPON ARTIST HEREUNDER SHALL BE DEEMED TO APPLY INDIVIDUALLY AND COLLECTIVELYTO EACH OF THE MEMBERS OF ARTIST.17. ARTIST AGREES TO DELIVER OR CAUSE TO BE DELIVERED ALL NECESSARYINFORMATION, CONSENTS, LICENSES AND PERMISSIONS SUCH THAT STATUE MAYMANUFACTURE, DISTRIBUTE, AND RELEASE THE RECORDINGS HEREUNDER.18. THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN MADE IN THE STATE OFCALIFORNIA, UNITED STATES OF AMERICA, AND THE LAWS OF THE STATE OFCALIFORNIA SHALL GOVERN ITS VALIDITY, CONSTRUCTION AND EFFECT. THE COURTSIN THE STATE OF CALIFORNIA, STATE AND FEDERAL, WILL HAVE EXCLUSIVEJURISDICTION OVER ANY CONTROVERSIES REGARDING THIS AGREEMENT. VENUE ANDJURISDICTION WITH REGARD TO AND DISPUTE ARISING HEREIN WILL BE IN THE STATEOF CALIFORNIA, COUNTY OF LOS ANGELES.19. STATUE MAY AT STATUE'S ELECTION ASSIGN THIS AGREEMENT OR ANY OF STATUE'SRIGHTS HEREUNDER.20. THE TERM OF THIS AGREEMENT WILL COMMENCE ON 2004 ANDTERMINATE ON . THE AGREEMENT WILL THEREAFTER AUTOMATICALLYRENEW FOR SUCCESSIVE ONE-YEAR PERIODS, UNLESS EITHER PARTY TENDERS NOTICE OFTERMINATION WITHIN SIXTY (60) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL ORANY RENEWAL TERM.21. THIS AGREEMENT MAY BE EXECUTED IN COUNTERPARTS.22. IF ARTIST HAS DECLINED TO BE LISTED ON THE STATUE WEB SITE AS SETFORTH IN SECTION 2 ABOVE, STATUE RESERVES THE RIGHT AT STATUE’S ELECTION TOREMOVE AND DELETE THIS RECORDING FROM ITS CATALOGUE AND CEASE DISTRIBUTIONOF SAID RECORDING IF AT ANY TIME SALES IN ANY CALENDAR MONTH AMOUNT TO LESSTHAN 10 UNITSSTATUE RECORDS GROUP"


If you managed to read all that(!), does it seem dodgy? It seems that most advice from people on MM is to stay away from them, but even then they arent positive it's a scam. More of a legal way to make $100. I don't think I trust them as far as I could throw an elephant. A big fat elephant at that. But I don't understand any of it so I may be wrong.

[ 08-29-2004, 03:30 PM: Message edited by: Firim Silraven ]

[Firim Silraven]

Originally posted by LordKathen: Your music is good in my opinion and you should wait for a real live person to do business with. Good luck. [img]smile.gif[/img]

Cheers! [img]smile.gif[/img]