UNRAVELLING MORE “RED TAPE

 

by: Shelly Harris / Entertainment Attorney

                            

If your are not signed with a major label, or even an indie label, is there any way to just get a distribution deal with an American or overseas distributor? 

And if you do manage to get some kind of distribution deal, what kinds of things should you look out for in the deal?

 

ANSWER:    

You may be able to work out a distribution deal with an independent distributor, but make sure to check out such companies thoroughly.  Through word of mouth or your own research, you might want to find out who the best independent distributors are, and also query them on their terms, their take (percentage), their locations, and their promotion.  

Something else you will want to look out for is whether they are actually “middlemen” and whether distributing your product through them will wind up costing you another percentage of the gross sales price.   

It is also very important to know exactly how much promotion and publicity they will do on the record, and whether they will require an exclusive contract, and if so, for what term of years.  (Such information should be discussed beforehand, and should also be included in the body of the contract.)  

On that crucial promotion end of things, keep in mind that even artists who are signed to major labels with built-in widespread distribution may not actually get promoted at retail outlets, etc., either, because it is the record company’s responsibility – even more than the distributor’s – to make sure there are active displays, etc., and an active pushing of the “product.”    

So, you will need to do a detailed cost benefit analysis to determine whether you will actually gain anything financially or in terms of promotion or recognition by signing up with a less than enthusiastic independent distributor.  

You might try doing some initial research on your own at music biz sites like www.musicdish.com,  and also other internet searches, and then contact any of the current similar artists on a distributor’s roster to see whether they are happy with their deal.    

Finally, as always, make sure to get individualized legal advice on the terms of any contract before you sign it.  

Write to Shelly Harris at: shellyharrislaw@aol.com


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