Lesson 27 of 46Music BusinessIntermediate

Interplay with publishing

0:51

Judge Jules flags a major warning sign in record deals: when a label tries to take your publishing as well as your recording rights.

Part of the courseLegals & Deals: The Basics of The Music Industry46 lessons (1h 6m)

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Judge JulesYour guruJudge Jules

What's in the course

46 lessons (1h 6m) · 1 free
    • 01. Accounting payments and auditing

      2:18

    • 02. Ancillary shares

      1:58

    • 03. Artist approvals

      1:51

    • 04. Artist promotional obligations

      1:50

    • 05. Assignment or licence - what's the difference?

      3:17

    • 06. Interplay with publishing

      You are here

      0:51

    • 07. Options

      1:39

    • 08. Release commitment

      1:26

    • 09. Rights in the artist's name and brand

      1:26

    • 10. Royalty types

      1:20

    • 11. Territory of agreement

      1:54

    • 12. Warranties and indemnities

      1:37

Lesson transcript

Red Flags in Record Deals

For me, one of the biggest red flags that I see in any record deal, and generally speaking, they're only in smaller record deals, is where the record company tries to take the publishing as well as the recording.

We mentioned earlier that there are two different types of copyright:

  • One in the recording
  • One in the song.

This distinction is particularly relevant if the artist who wrote the song is the same as the artist who recorded the record.

As far as I'm concerned, it's completely unacceptable for a record label to take an artist's songwriting alongside their recording rights.

"It's almost cowboy-like when that happens."

This isn't to say that there aren't record companies who do that, but to me, it's unacceptable. It's one of the biggest red flags.

If you see it, you seriously have to question the label that you're about to sign to.

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Meet your guru

Judge Jules

Judge Jules

Jules O'Riordan has over 30 years of experience across the entire spectrum of the music industry. This includes nearly a decade as an A&R for the Universal umbrella of labels, 15 years as a presenter on BBC Radio 1, over 150 record releases and remixes in his own capacity as a recording artist, plus a 30-year career as one of Britain's best-known, globally-travelled DJs (Judge Jules), with over 5000 gigs under his belt, plus extensive experience as an event promoter and artist manager at the highest level.

Suffice to say, Jules knows the music industry inside-out, and his clients regard him as a trusted advisor for whom no legal or business affairs challenge or problem is too large or small.

Jules has been a lawyer for 10 years. His practice takes in the entire breadth of the music-focused entertainment industry. His legal and deal expertise includes management, recording, publishing, distribution and label services, music-based apps, games and tech projects, production deals, producers, featured artists, endorsements, merchandising, neighbouring rights, TV/film scores, live performance, events and venue agreements, plus copyright and rights infringement and many other disputes.

Jules's clients include artists, management companies, record labels, songwriters, event promoters, producers, music tech businesses, production companies, live agents, music publishers and DJs. He has spoken on many panels and seminars including ADE, Brighton Music Conference and AIM events, and has been a guest speaker on legal issues across a number of on and off-line media outlets, including BBC Radio 5 Live, BBC Introducing, Financial Times, The Sun, The Times and Mixmag.

Jules speaks fluent Spanish.

Who better to demystify the contracts and deals every musician eventually faces? In his course, Jules turns three decades of hard-won industry knowledge into plain-English guidance, so you can understand the business side of music and protect your work long before you sign on the dotted line.

Judge Jules
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