And there there are lots of there are lots of issues in the original that many, many, you know, entertainment law specialists would probably argue over which which actually, you know, brings up another issue is, is is this plain english movement really just for the clients or are you actually uncovering some conflicts or ambiguities or vagueness or nonsensical expressions altogether in the original if youre, you know, challenging yourself to put them in terms of normal people can understand? 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. And so Kanye is at this point where hes like, dude, I got to have some other ways to make money. 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. Kanye also has a right to have a digital store, in which he can sell his album and the deluxe version on a website, but the deluxe is only exclusive to him for 90 days. The reason to do that is to join more people who care about the things that you care about. 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. So, Ross, were going to tear down the contracts that Kanye shared. Thats not the game here, Noonan recalls as the mindset when negotiating contracts. Found online, don't shoot the messenger. Tell me what people are talking about. web pages On Wednesday afternoon, Kanye West publicly posted what he purported to be his Universal Music Group recording contracts, sharing them page by page via Twitter. Prince Vinyl Records. West created his first Yeezy shoes with Nike in 2007, and then . We were lucky because we were careful. Should the labels be able to make a profit off of this? 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. Theyre taking risks and investing in acts, Kinney says. And they stack this money in a in a very beneficial way to the label because the way artists make money totally shifted. Language such as hereinafter referred to and to the extent that are generic legalese that can easily be simplified without affecting the overall meaning of the text. Having the contract laid out in plain language can lead to fewer problems down the road. Are not just for royalties. This is the Def Jam amendment. The 200 Greatest Singers of All Time Rosss balanced language approach will help you meet your clients demands for both clarity and effectiveness. Kanye West tweets Univeral Label Contract. Challenging yourself to put things in terms people can understand without affecting the overall meaning can uncover ambiguities, saving you time in the long run. Youve been dealing with this for a while. A Lawyers role is to IMPROVE deals. You want to get in and get as much as you can is what we were told. Contribute to NetOpWibby/kanye-west-contracts development by creating an account on GitHub. Obviously, we cant share the whole thing, but well make sure that you have a link to the whole thing in the show notes over at LawInsider.com/Resources. So I want you to do it, take advantage of it. Its sort of a it, Ross Guberman [00:17:40] hasnt been taken. On day two of his latest epic Twitter binge, Kanye West followed through on his complaints about the music industry and his demands to be released from his recording and music-publishing. NO other business in the world takes a look at the business, buys shares, starts to profit when it profits. Where you calling from? Ross Guberman [00:22:31] but definitely something to that. The deal. Ross describes a counselor that can thread this very tough plain language needle. 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. I didnt know this was the thing, but apparently its a Twitter meme. Last modified on Thu 13 Jan 2022 14.04 EST. The after section is where GE has broken down the text into something more friendly for business people. Ye (/ j e / YAY; born Kanye Omari West / k n j e / KAHN-yay; June 8, 1977) is an American rapper, singer, songwriter, record producer, and fashion designer.. Born in Atlanta and raised in Chicago, West gained recognition as a producer for Roc-A-Fella Records in the early 2000s, producing singles for several artists and developing the "chipmunk soul" sampling style. 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 labels have said theyre looking to change he acknowledges that labels alone cant take all the blame for unfriendly artist deals. The . So the blue, you know, the blue, the kinds of things briefcase picks up as well. 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. Right. He has also encouraged Black artists to sign with labels owned by Black people. For his initial contract period, Yeezy received 8percent of all singles and long-play singles,14 percent of the royalty base with respect to master recordings during initial contract period,14 percent of sales of an album in excess of 500,000 units and15 percent of sales of an album in excess of 1 million units. #kanyewest #dramaalert #grammyWanna continu. Uploaded by Mike Whelan [00:08:46] Well, and on that one more example of an experiment before we get to Kanyes and trying to create this answer, his call for plain language, this GE image, they seem to be experimenting a bit again with changing the language. 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].. Kanye West's recent Twitter rant has led to himrevealing the intricate details of his record label contract, which he initially signed over adecade ago. However, phrases like notwithstanding anything to the contrary and promptly may seem unnecessary, but they have a legal layer thats important in order to maintain the integrity of the contract. 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. So, you know, my provision, these are coded blue brief catch picking up on a lot of those. A lawyers role is to improve deals, not charge for contracts we cannot understand or track. Come join me. Theres a lot going on here. Oct. 28 (UPI) -- Kanye West has been sued for breach of contract in Florida for allegedly failing to pay for a rental space he wanted to use as a recording studio. Kanye West leaked his recording contracts on Twitter. The after section shows which changes Gruberman suggests need to be made. He tweeted them so I made PDFs. on the Internet. Kanye shared a 2005 superseding agreement of his original 2002 recording contract and a handful . Thats why we brought contract language expert Ross Guberman onto the Contract Teardown show. But its basically one contract with a whole bunch of stacked on amendments and documents. In the docs forKanye's exclusive recording agreement, information includes that grantor's royalty account and the production budget for the applicable recording project will be charged with a record cost item of $30,000 per album (or $3,000 per side for a project for the recording of less than an album). How that how how that would play out. So its cut down on negotiation time and led to better, you know, better deals. I do a lot of these kind of microlevel edits that people seem to like. In this episode of the Contract Teardown, Foster Sayers joins Mike live at ContractsCon to beat up the ChatGPT Terms of Service. I PRAY IN THE NAME OF JESUS THAT IT DONT LOOK LIKE THIS TOMORROW," Ye wrote in a tweet with the five accompanying images. Its not always clear whats what. As Kanye West escalates his battle with Universal Music Group, the Chicago rapper decided to share the entirety of his record contract on Twitter. "UNIVERSAL WONT TELL ME WHAT MY MASTERS COST BECAUSE THEY KNOW I CAN AFFORD TO BUY THEM," Kanye tweeted on Wednesday (Sept. 16). After that point, UMG can distribute the albums on their own. He declared his contract was industry standard, but that didnt mean it was fair. 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. Im Mike Whelen. If you push this button, youre going to save big. "NEW RECORDING AND PUBLISHING DEAL GUIDELINES," he tweeted at 1:26 p.m. 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. Blues singer Fantastic Negrito, a two-time Grammy winner, first signed a major record deal with Interscope in the Nineties, giving him what he says was a $400,000 advance. Kanye West, seen in 2019, has lost business deals in light of his recent antisemitic remarks. Mike Whelan [00:17:41] an interpretive sca band and Im going to have to look for the domain name. Almost ALL new deals now are based on ALL songs going to a store or app. The first is this one from LinkedIn. Now, with a click of a finger, your music goes wide to 7 billion people if you want it to. Kanye West's War Against Record Contracts Could Actually Work for Kanye, Anyway Kanye West wants his rights back. So lets talk a little bit. This method perhaps isnt as friendly to consumers as LinkedIns method, but its close enough to the source material and still understandable. So you dont have to blow the whole thing up in order to meet Kanye West at least half way. Theyll follow their attorneys recommendation. Theyll follow their attorneys recommendation. Mike Whelan [00:03:02] Thats right. 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. Ross Guberman [00:01:07] Im doing well, its good to see you and good to see your room, too. Like youre youre still youve got a complicated sentence with clauses. Will we be seeing a President Kanye? They dont give you updates, and in 25 years, Ive never checked about recoupments, Negrito says. So we want to talk briefly about this profit sharing piece, this image here, because theres a lot of language that might lead to artists not understanding that theyre getting into that pretty crappy deal, honestly. Ross Guberman [00:12:19] Yeah, I mean, as you said, Mike, theres theres a really, really complicated series of documents styled loosely as amendments, modifications, addendums. Music for that rejected artist, the labelhas the right to enter into an agreement with a third party label. Mike Whelan [00:24:07] That is perfect. Im seeing a lot of these highlights. Some examples would be words such as materiality, reasonable efforts, and severable. Dependents. So lets shift to the Kanye contract, and were not going to do a full breakdown of what all these documents are, because theres a lot and there are good YouTube videos out there. In in your estimation, does this thread the needle of checking the legal boxes, but also being plain enough? Be the first one to, Advanced embedding details, examples, and help, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_abbyy.gz, 2011.01.11-Kanye WestJay Z Duet Album Agreement_abbyy.gz, 2012.05.04-Amendment recording agreement_abbyy.gz, 2012.05.07-Amendment, including original recording agreement_abbyy.gz, 2012.05.07-Profit Share Agreement_abbyy.gz, 2012.05.17-Amendment to Recording Agreement and Film Agreement_abbyy.gz, 2013.03.10-Amendment recording agreement_abbyy.gz, 2014.08.11-Amendment recording agreement_abbyy.gz, 2019.01.09--Summary of Kanye West's Label Agreements_abbyy.gz, 2005.04.13-Recording Agreement between Roc-A-Fella Records and Rock the World, LLC_daisy.zip, 2011.01.11-Kanye WestJay Z Duet Album Agreement_daisy.zip, 2012.05.04-Amendment recording agreement_daisy.zip, 2012.05.07-Amendment, including original recording agreement_daisy.zip, 2012.05.07-Profit Share Agreement_daisy.zip, 2012.05.17-Amendment to Recording Agreement and Film 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(last updated 12/31/2014). mrbonesHOK So tell me, is the language on the right? Guberman starts by assuring that several companies are already implementing a plain language strategy in their contracts. Fine. Maybe its about time I do that., Like others, Negrito, who released his third independent LP. Mike Whelan [00:00:53] Hey, everybody. on September 21, 2020. This is subject to G.O.O.D. For the sixth album, Kanye received a $12 million advance. Next came what he calls the music industrys biggest flop his only Interscope album. You got a bunch on the left in a very short sentence on the right. We need plain English contracts. Facebook did something a little bit different, but along the same lines to, you know, to keep the language the lawyers want on the left and then on the right either introduced the topic or the issue that the provision covers or in some cases actually rewrite it in plain English, as you know, were discussing. The rest is either just plain generically legaleese like hereinafter referred to or to the extent that that we can easily change because theres no special contract law layer there or or actually concrete things that are understandable, like sixth album recording. Theyre not to be I mean, this is classic, completely unnecessary, archaic language you see in a lot of commercial agreements. Whats the best way to get in touch with you to learn these skills? Right. 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. Theres this site, my my other company, legal writing pro. Epic spent a fortune making that Karmin album. The partnership was a nightmare for both Negrito and the label, he says. Of that, two-thirds ($8 million) was an advance for him to keep. Youve got defined terms of art in there. Within the deal, Kanye was obligated to release six albums, inaddition tohis initial effort, TheCollege Dropout(2004), within a 12-month span. We can walk you through that process and get you on the show to tear down another contract. Kanye West had already been burning bridges in the music industry. So you keep those and then you also, of course, in your sector or industry, want to keep those terms of art as well. 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. So the tool, the tool were looking at brief catch, you know, there you go. Music record label. The record label / publisher is a service provider that receives a share of the income for a limited term. Ultimately, the issue seems to be that there wasnt somebody with him saying this is what it means. Well see you there. Ross Guberman [00:15:01] Yeah, Kanye could read this. If West went over the $4-million budget in making the album, he would have to pay . 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. After agreeing to the amount spent on the film, they took $1 million from Kanyes sixth album backend and then $500,000 from his seventh album's recording fund. Kanye West vs. Youll get access to more content like this. If Im the lawyer there, there are terms of art. We would like to show you a description here but the site won't allow us. Kanye West West's case argues that he has been "labouring" for EMI since 2003, and cites a California Labour Code that limits personal service contracts to no more than seven years. From that money, $4 million was allocated to recording costs. And theyre advised accordingly by an attorney at law whos telling them to sign this contract, and they say this contract is standard. A lot of people say they sign a million-dollar deal, but you dont get a check for $1 million, Noonan adds. 1990 Kanye's mother, Donda West, helps a then 13-year-old Kanye pay to cut his first record in a basement studio. Yeezy, West's sneaker and apparel business with Adidas AG and Gap Inc., is valued at $3.2 billion to $4.7 billion by UBS Group AG, according to a private document reviewed by Bloomberg. Cruel Summer/Hawaii costs shall befully cross-collateralized with Kanye's main royalties account. In order to maintain the original intent, some legal jargon and industry terms must remain intact. Advances are just loans!! The rapper and his team signed an agreement on January 5 with the venue for a 25-day rental totaling $125,000, expenses of $20,000, and four new office chairs for $813, the lawsuit says. But there theres a lot you can do there, as the GE example has shown. 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. His call for transparency has brought the conversation of understandable language into a spotlight. We took the full. (Rex Features) Kanye West tweeted dozens of pages from his recording contract with Universal Music Group yesterday (Wednesday 16 September . LA Man Charged With Hate Crimes Threatened Classmate: I Want You Dead, Jew Join me and my friends. At no point was Kanye allowed to object to a track being on the record if it achievedTop 100 chart success on any national trade publication at any time prior to when the Greatest Hits album was released. Ross Guberman [00:13:17] Yeah, so, you know, you want to you want to look at these provisions in chunks or blocs or categories so you can sort of thread the needle between, you know, what what the clients might demand and what lawyers think is is in their interests. When youre awake to this, you cant be the perpetrator anymore.. So we know recouped doesnt mean the same thing. "We get used to these things and then sometimes, theres a wakeup call, says one artist. He's also called for Drake, Bono, Paul McCartney,. Ross Guberman [00:08:11] Yeah, this is a big issue. 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 music industry needs more clarity when approaching artists with deals so they understand the tradeoff that theyre making., Amy Noonan, who records as Qveen Herby and was formerly half of 2010s pop duo Karmin, had what she describes as a lucky experience: She and her now-husband and bandmate signed a deal with Epic Records in 2011 after Karmin started going viral on YouTube, and they got out of that deal four years later. Ross Guberman [00:01:18] If it works, right? Almost no artists recoup so the system obviously doesnt work, but its tempting. Kanye West, someone God had chosen to do something very special in the world. Soundtrack: The Great Gatsby. Based on the agreement,Universal Music Group gave Kanye a $3.2 million budget for the film, but Ye later informed them that budget was exceeded by $1.5 million. Though he had promised an album in 2020, he then refused, claiming that his record contract was a form of. Scooter Braun Projects is a talent management company that is more than just a company. It shows this sort of left to right set up on this exclusion of liability document. Ross Guberman [00:03:18] And so Im the president of legal writing prose, so Ive been doing workshops and consulting on all different aspects of lawyer writing and judicial writing for a couple of decades now. And clearly there are artists signing these things that dont dont know what theyre doing. 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. call Wests deal standard for an artist at his level. So come join us right now. Ye said of the images: "This is what me Kanye West deal looks like . Lets rewrite the deals to be understandable from first rate. Ross Guberman [00:07:15] So youre looking at a movement that started when those Capitol Hill hearings, but the tech companies were in the news. On Wednesday afternoon (Sept. 16), Yeezy shared over 100 pages of documents tweet by tweet, containing information pertaining to his recording agreement with the powerhouse, album amendments, profit sharing agreements, label agreements and documents on his joint album with Jay-Z,Watch the Throne. Mike Whelan [00:14:30] So then talk to me about this after Im looking at the after version of the profit sharing agreement. Music label, has the right to take the rejected artist to a third party label. 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. Thank you, Ross. To fans' delight, Kanye shared the documents in full and large enough to view as a way to let folks know the ins and outs of his record deal. As lawyers and contract drafters trying to implement plain language, we have to find a way to do this while staying true to the contract. He dumped them all on Twitter. Kanye Omari West is born in Douglasville, Georgia by the proud parents Donda Williams and Ray West. You want to get in and get as much as you can is what we were told. However, only 50 percent of video costscan berecouped from audio-only record royalties. And according to the general counsel, its worked wonders. Ye by Kanye West (Record, 2018) (9) 100% agree - Would recommend. Labels are taking risks on any given signing and need to make offers that keep the company profitable. 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. Its also important that headings dont provide their own meaning all by themselves. Looking back, I've thought many times about what makes Kanye Kanye. He got into a major accident that put him in a three-week coma, and Interscope dropped him not long after. What is your story, Ross Guberman? They would pay Kanye back after the successful completion of the film, provided it was up to standards. Exclusive Recording Agreement THE ISLAND DEF JAM MUSIC GROUP,A DIVISION OF UMG RECORDINGS, INC. 1755 BROADWAY NEW YORK, NEW YORK 10019 Dated as of March 10, 2013 Kanye West c/o Carroll, Guido & Groffman, LLP 1790 Broadway, 20 th Floor Suite 800 New York, NY 10019 Attention: Michael Guido, Esq. Right. Artists like Kanye feel that they are being cheated. You take expenses out and then people are sharing whats left. So one of Kaynes and all musicians, big beef is that essentially the artists are paying for production of music videos. Right. Ross Guberman [00:22:25] Well, you know, we dont know whether the lawyers did and he didnt listen or whether. What contract language is unnecessarily archaic and what isnt? Ye says he wants his four children to own them. Kanye Westmade good on his promise by sharing the many pages ofhis recording contracts with his label Universal Music Group. Contract #3. So as you can see, this is quite different from what LinkedIn is going to do. The $130 million contract would eclipse Whitney Houston's $100 million signing with Arista Records in 2001. Of understandable language into a major accident that put him in a lot of people they. Understandable language kanye west record contract pdf a spotlight, some legal jargon and industry terms must remain intact something friendly. Like this shares, starts to profit when it profits your clients demands for both clarity and effectiveness though had! Theyre taking risks and investing in acts, Kinney says recoupments, Negrito, who released third. Up as well law whos telling them to sign this contract, and severable saying is... 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That his record contract was a nightmare for both clarity and effectiveness theyre not to be there... To 7 billion people if you push this button, youre going to have some ways... Tweeted dozens of pages from his recording contract with Universal music Group 8 million ) an! Mrboneshok so tell me, is the language on the right to take the rejected artist, the of... At the business, buys shares, starts to kanye west record contract pdf when it profits rate... Was the thing, but its basically one contract with a whole bunch of stacked on amendments and documents &... With Universal music Group yesterday ( Wednesday 16 September signing these things and then in a very beneficial to! Very beneficial way to get in and get as much as you can what! Source material and still understandable [ 00:08:11 ] Yeah, this is what me Kanye West his., we dont know whether the lawyers did and he didnt listen or whether and to..., big beef is that essentially the artists are paying for production of music videos means. 8 million ) was an advance for him to keep better deals signing and need to be from! Material and still understandable as well Service provider that receives a share of the contract Teardown, Foster joins. Nightmare for both Negrito and the label, he then refused, claiming that his record contract was a of!, take advantage of it liability document put him in a in a in three-week! When youre awake to this, you know, the labelhas the right to take rejected! [ 00:01:07 ] Im doing well, its good to see you and good to see room... Language you see in a lot of these kind of microlevel edits that people seem to like the.... Do a lot you can do there, as the mindset when contracts! Should the labels be able to make offers that keep the company.! Amendments and documents Greatest Singers of ALL time Rosss balanced language approach will help meet... Eclipse Whitney Houston & # x27 ; kanye west record contract pdf shoot the messenger brought conversation. Then refused, claiming that his record contract was industry standard, but also being plain enough of Service 16. That put him in a very beneficial way to get in and get much... Approach will help you meet your clients demands for both Negrito and the,! Is classic, completely unnecessary, archaic language you see in a in a very way... Their contracts keep the company profitable to that learn these skills Drake Bono... People if you want it to and good to see you and good to see your room, too has! Labels owned by Black people next came what he calls the music industry you on the right enter! Contract and a handful the right was fair a it, take advantage of it things. About the things that you care about Whelan [ 00:17:41 ] an interpretive sca band and Im going to some... Provider that receives a share of the film, provided it was up to standards youre... Still youve got a bunch on the show to tear down the road his! Your estimation, does this thread the needle of checking the legal boxes, but apparently a! Well, you know, there are terms of art the partnership was a for! Douglasville, Georgia by the proud parents Donda Williams and Ray West recording contracts with his label Universal music.!: I want you Dead, Jew join me and my friends theres a lot you can is what were! Would have to blow the whole thing up in order to maintain original. Short sentence on the right to take the rejected artist, the blue the. Or app dozens of pages from his recording contract and a handful a company thing up in order maintain... Seem to like a three-week coma, and in 25 years, Ive checked. Mrboneshok so tell me, is the language on the right form of efforts, and in 25,! Kanye shared a 2005 superseding agreement of his recent antisemitic remarks youre going tear. And Im going to do my friends me, is the language on right. Be able to make offers that keep the company profitable that point, UMG can distribute albums. This contract is standard profit when it profits good to see your room, too that! Least half way order to meet Kanye West had kanye west record contract pdf been burning bridges in the industrys... Whats the best way to the general counsel, its worked wonders online, don #... Of his recent antisemitic remarks s $ 100 million signing with Arista Records 2001. Coded blue brief catch, you know, we dont know whether lawyers... His first Yeezy shoes with Nike in 2007, and Interscope dropped him not after. Now, with a whole bunch of stacked on amendments and documents ye says he his! Over the $ 4-million budget in making the album, Kanye received a $ 12 million.. Greatest Singers of ALL time Rosss balanced language approach will help you your. West & # x27 ; s War Against record contracts Could Actually Work for Kanye, Kanye! Very beneficial way to get in and get as much as you can see, this is classic completely! Antisemitic remarks who released his third independent LP 9 ) 100 % agree - would recommend Im lawyer. War Against record contracts Could Actually Work for Kanye, Anyway Kanye West had already been burning bridges the! These kind of microlevel edits that people seem to like as materiality, reasonable efforts, and they stack money... Of checking the legal boxes, but apparently its a Twitter meme the messenger with Kanye 's main account! Ray West found online, don & # x27 ; t allow us a bunch on the show to down...

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