You wrote up a good and actually an IMO realistic scenario, at least
for "independent" artists.
Steve Albini some years ago wrote up, how it currently works in the
music industry, where artists are forced voluntarily to play by
"their" rules:
http://www.negativland.com/albini.html
A must-read.
ciao
--
Frank Barknecht _ ______footils.org__
Frank,
I've read this before. It's a very good read. I agree.
However, I have no patience or sorrow for people who:
1) Don't read their contracts before they sign.
2) Don't pay a lawyer to translate it to English they understand before they
sign.
3) Hope against all the odds that what they are hearing from the Industry
Lacky vs. what is written and legally agreed to in the contract, will be
done.
4) And then in the face of all of this they go ahead and sign, only later to
complain that they don't like the terms they agreed to.
(Please don't raise the fraud issue here with uneducated people signing
contracts in the music industry. I agree about all the old black blues
musicians in the U.S. - that stinks and I'd like to see that made right. But
that's not what Mr. Albini is talking about, and I refuse to see Sheryl Crow
or Don Hendly as 'uneducated' no matter how much they complain about their
contracts today.)
I work on contracts all the time. It's part of my job. There are a lot of
times where two sides do not come to agreement, the contract doesn't get
signed, and business doesn't get done. Mr. Albini's story about the trench
filled with stinky stuff makes a great picture. However, I fear that the
truth is most artists are more interested in fame than protecting their
rights. If they wanted to protect their rights, they would either negotiate
better deals, or walk away and find a different way to do it.
If you sign, and it doesn't work out, no fair complaining about the
terms. You signed it, and you weren't under duress. (That would be illegal.)
If you walk away, no fair complaining if it doesn't work out. That was
the price of freedom, and the value of freedom.
I don't know where the GNU-ish version of freedom really fits into this
discussion, but please remember, if NO musician's signed contracts with the
labels, they'd be out of business. The problem is there are too many greedy
people to even have this be the case... ;-)
Cheers,
Mark