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Understanding And Knowing Your Digital Rights
This month I am going to talk to you about a subject that is increasingly becoming more and more important to artists, both independent and major. I recently had a case with my label where an artist had signed with my label to license his music in certain territories and unknowingly the artist had also signed and agreement with another company where certain territories overlapped, not a good thing for either record label, and certainly not good for the artist. Under most circumstances this would have been a clear cut case for both labels to file suit against the artist, but in this circumstance it would have been counter productive for either label although the artist was in clear violation of his contract. Because the contract that we had with the artist was signed and dated prior to the other record labels, my label was able to have the other label remove their products in our territories both at online retailers, and physical record stores, but there still remained another issue and that was digital rights. Still today most artists do not understand that a record company has to have a separate digital file clause in their contract that covers the distribution of these files because this is covered by a totally different statute than the distribution and sales of physical media. So for you artists out there with contracts if your contract with your label or distributor does not have a specific agreement that covers your digital files, then you are still 100% in control of your digital music. How important is this these days when downloading music is becoming more and more popular from retailers such as I-tunes, Sony connect, Rhapsody, E-music, MSN, Hear Music, and a ton of other digital download retailers, well it is very important. As digital file delivery moves forward to become the way that people will get their music in the future this subject becomes increasingly more important for artist both major and independent. The purpose for mentioning this information was because my labels contract with the artist clearly defined that we had control of the artists digital rights in all of the world and universe, and because our contract was dated before the agreement that the artist made with the other company, we were able to maintain full control over the artist's digital files. These digital rights not only cover retail but also cover internet radio, there are express permissions that must be granted before a webcaster or internet station can play your music. These are very important things in today's music business make sure that you know your rights to avoid being taken advantage of, or exploited.
Vernon Neilly