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This article originally appeared in MaximumRocknRoll #133.
Whenever
I talk to a band who are about to sign with a major label, I always end
up thinking of them in a particular context. I imagine a trench, about
four feet wide and five feet deep, maybe sixty yards long, filled with
runny, decaying shit. I imagine these people, some of them good
friends, some of them barely acquaintances, at one end of this trench.
I also imagine a faceless industry lackey at the other end holding a
fountain pen and a contract waiting to be signed.
Nobody can see
what's printed on the contract. It's too far away, and besides, the
shit stench is making everybody's eyes water. The lackey shouts to
everybody that the first one to swim the trench gets to sign the
contract. Everybody dives in the trench and they struggle furiously to
get to the other end. Two people arrive simultaneously and begin
wrestling furiously, clawing each other and dunking each other under
the shit. Eventually, one of them capitulates, and there's only one
contestant left. He reaches for the pen, but the Lackey says "Actually,
I think you need a little more development. Swim again, please.
Backstroke. And he does of course.
A & R Scouts
Every
major label involved in the hunt for new bands now has on staff a
high-profile point man, an "A & R" rep who can present a
comfortable face to any prospective band. The initials stand for
"Artist and Repertoire." because historically, the A & R staff
would select artists to record music that they had also selected, out
of an available pool of each. This is still the case, though not openly.
These
guys are universally young [about the same age as the bands being
wooed], and nowadays they always have some obvious underground rock
credibility flag they can wave. Lyle Preslar, former guitarist for
Minor Threat, is one of them. Terry Tolkin, former NY independent
booking agent and assistant manager at Touch and Go is one of them. Al
Smith, former soundman at CBGB is one of them. Mike Gitter, former
editor of XXX fanzine and contributor to Rip, Kerrang and other lowbrow
rags is one of them. Many of the annoying turds who used to staff
college radio stations are in their ranks as well.
There are
several reasons A & R scouts are always young. The explanation
usually copped-to is that the scout will be "hip to the current musical
scene." A more important reason is that the bands will intuitively
trust someone they think is a peer, and who speaks fondly of the same
formative rock and roll experiences.
The A & R person is the
first person to make contact with the band, and as such is the first
person to promise them the moon. Who better to promise them the moon
than an idealistic young turk who expects to be calling the shots in a
few years, and who has had no previous experience with a big record
company. Hell, he's as naive as the band he's duping. When he tells
them no one will interfere in their creative process, he probably even
believes it.
When he sits down with the band for the first time,
over a plate of angel hair pasta, he can tell them with all sincerity
that when they sign with company X, they're really signing with him and
he's on their side. Remember that great gig I saw you at in '85? Didn't
we have a blast.
By
now all rock bands are wise enough to be suspicious of music industry
scum. There is a pervasive caricature in popular culture of a portly,
middle aged ex-hipster talking a mile-a-minute, using outdated jargon
and calling everybody "baby." After meeting "their" A & R guy, the
band will say to themselves and everyone else, "He's not like a record
company guy at all! He's like one of us." And they will be right.
That's one of the reasons he was hired.
These
A & R guys are not allowed to write contracts. What they do is
present the band with a letter of intent, or "deal memo," which loosely
states some terms, and affirms that the band will sign with the label
once a contract has been agreed on.
The spookiest thing about
this harmless sounding little memo, is that it is, for all legal
purposes, a binding document. That is, once the band signs it, they are
under obligation to conclude a deal with the label. If the label
presents them with a contract that the band don't want to sign, all the
label has to do is wait. There are a hundred other bands willing to
sign the exact same contract, so the label is in a position of strength.
These
letters never have any terms of expiration, so the band remain bound by
the deal memo until a contract is signed, no matter how long that
takes. The band cannot sign to another label even put out its own
material unless they are released from their agreement, which never
happens. Make no mistake about it: once a band has signed a letter of
intent, they will either eventually sign a contract that suits the
label or they will be destroyed.
One of my favorite bands was
held hostage for the better part of two years by a slick young "He's
not like a label guy at all," A & R rep, on the basis of such a
deal memo. He had failed to come through on any of his promises
[something he did with similar effect to another well-known band], and
so the band wanted out. Another label expressed interest, but when the
A & R man was asked to release the band, he said he would need
money or points, or possibly both, before he would consider it.
The
new label was afraid the price would be too dear, and they said no
thanks. On the cusp of making their signature album, an excellent band,
humiliated, broke up from the stress and the many months of inactivity.
What I Hate About Recording
Producers
and engineers who use meaningless words to make their clients think
they know what's going on. Words
like punchy," "warm," "groove," "vibe," "feel." Especially "punchy" and
"warm." Every time I hear those words, I want to throttle somebody.
Producers
who aren't also engineers, and as such, don't have the slightest
fucking idea what they're doing in a studio, besides talking all the
time. Historically, the progression of effort required to become a
producer went like this: Go to college, get an EE degree. Get a job as
an assistant at a studio. Eventually become a second engineer. Learn
the job and become an engineer. Do that for a few years, then you can
try your hand at producing. Now, all that's required to be a
full-fledged "producer" is the gall it takes to claim to be one.
Calling
people like Don Fleming, Al Jourgensen, Lee Ranaldo or Jerry Harrison
"producers" in the traditional sense is akin to calling Bernie a
"shortstop" because he watched the whole playoffs this year.
The
term has taken on pejorative qualities in some circles. Engineers tell
jokes about producers the way people back in Montana tell jokes about
North Dakotans. (How many producers does it take to change a light
bulb? "Hmmm. I don't know. What do you think?" Why did the producer
cross the road? "Because that's the way the Beatles did it, man.")
That's why few self-respecting engineers will allow themselves to be
called "producers."
Trendy electronics and other flashy shit
that nobody really needs. Five years ago everything everywhere was
being done with discrete samples. No actual drumming allowed on most
records. Samples only. The next trend was Pultec Equalizers. Everything
had to be run through Pultec EQs. Then vintage microphones were all the
rage (but only Neumanns, the most annoyingly whiny microphone line ever
made). The current trendy thing is compression, compression by the ton,
especially if it comes from a tube limiter. Wow. It doesn't matter how
awful the recording is, as long as it goes through a tube limiter,
somebody will claim it sounds "warm," or maybe even "punchy." They
might even compare it to the Beatles. I want to find the guy that
invented compression and tear his liver out. I hate it. It makes
everything sound like a beer commercial.
DAT machines. They
sound like shit and every crappy studio has one now because they're so
cheap. Because the
crappy engineers that inhabit crappy studios are too thick to learn how
to align and maintain analog mastering decks, they're all using DAT
machines exclusively. DAT tapes deteriorate over time, and when they
do, the information on them is lost forever. I have personally seen
tapes go irretrievably bad in less then a month. Using them for final
masters is almost fraudulently irresponsible. Tape machines ought to be
big and cumbersome and difficult to use, if only to keep
the riff-raff out. DAT machines make it possible for morons to make a
living, and damage to the music we all have to listen to.
Trying
to sound like the Beatles. Every record I hear these days has
incredibly loud, compressed vocals, and
a quiet little murmur of a rock band in the background The excuse given
by producers for inflicting such an imbalance on a rock band is that it
makes the record sound more like the Beatles. Yeah, right. Fuck's sake,
Thurston Moore is not Paul McCartney, and nobody on earth, not with
unlimited time and resources, could make the Smashing Pumpkins sound
like the Beatles. Trying just makes them seem even dumber. Why can't
people try to sound like the Smashchords or Metal
Urbain or Third World War for a change?
The minimum skills
required to do an adequate job recording an album are:
• Working knowledge of all the microphones at hand and their properties
and uses. I mean something beyond knowing
that you can drop an SM57 without breaking it.
• Experience with every piece of equipment which might be of use and
every function it may provide. This means more than knowing what echo
sounds like. Which equalizer has the least phase shift in neighbor
bands? Which console has more headroom? Which mastering deck has the
cleanest output electronics?
• Experience with the style of music at hand, to know when obvious
blunders are occurring.
• Ability to tune and maintain all the required instruments and
electronics, so as to insure that everything is in proper working
order. This means more than plugging a guitar into a tuner. How should
the drums be tuned to simulate a rising note on the decay? A falling
note? A consonant note? Can a bassoon play a concert E-flat in key with
a piano tuned to a reference A of 440 Hz? What percentage of varispeed
is necessary to make a whole-tone pitch change? What degree of overbias
gives you the most headroom at 10Khz? What reference fluxivity gives
you the lowest self-noise from biased,
unrecorded tape? Which tape manufacturer closes every year in July,
causing shortages of tape globally? What can be done for a shedding
master tape? A sticky one?
• Knowledge of electronic circuits to an extent that will allow
selection of appropriate signal paths. This means more than knowing the
difference between a delay line and an equalizer. Which has more
headroom, a discrete class A microphone preamp with transformer output
or a differential circuit built with monolithics? Where is the best
place in an unbalanced line to attenuate the signal? If you short the
cold leg of a differential input to ground, what happens to the signal
level? Which gain control device has the least distortion, a VCA, a
printed plastic pot, a photoresistor or a wire-wound stepped
attenuator? Will putting an unbalanced line on a half-normalled jack
unbalance the normal signal path? Will a transformer splitter load the
input to a device parallel to it? Which will have less RF noise, a
shielded unbalanced line or a balanced line with floated shield?
• An aesthetic that is well-rooted and compatible with the music, and
the good taste to know when to exercise it
There's This Band
There's
this band. They're pretty ordinary, but they're also pretty good, so
they've attracted some attention. They're signed to a moderate-sized
"independent" label owned by a distribution company, and they have
another two albums owed to the label.
They're a little
ambitious. They'd like to get signed by a major label so they can have
some security you know, get some good equipment, tour in a proper tour
bus -- nothing fancy, just a little reward for all the hard work.
To
that end, they got a manager. He knows some of the label guys, and he
can shop their next project to all the right people. He takes his cut,
sure, but it's only 15%, and if he can get them signed then it's money
well spent. Anyways, it doesn't cost them anything if it doesn't work.
15% of nothing isn't much!
One day an A & R scout calls
them, says he's 'been following them for a while now, and when their
manager mentioned them to him, it just "clicked." Would they like to
meet with him about the possibility of working out a deal with his
label? Wow. Big Break time.
They meet the guy, and y'know what
-- he's not what they expected from a label guy. He's young and dresses
pretty much like the band does. He knows all their favorite bands. He's
like one of them. He tells them he wants to go to bat for them, to try
to get them everything they want. He says anything is possible with the
right attitude. They conclude the evening by taking home a copy of a
deal memo they wrote out and signed on the spot.
The A & R
guy was full of great ideas, even talked about using a name producer.
Butch Vig is out of the question-he wants 100 g's and three points, but
they can get Don Fleming for $30,000 plus three points. Even that's a
little steep, so maybe they'll go with that guy who used to be in David
Letterman's band. He only wants three points. Or they can have just
anybody record it (like Warton Tiers, maybe-- cost you 5 or 7 grand]
and have Andy Wallace remix it for 4 grand a track plus 2 points. It
was a lot to think about.
Well, they like this guy and they
trust him. Besides, they already signed the deal memo. He must have
been serious about wanting them to sign. They break the news to their
current label, and the label manager says he wants them to succeed, so
they have his blessing. He will need to be compensated, of course, for
the remaining albums left on their contract, but he'll work it out with
the label himself. Sub Pop made millions from selling off Nirvana, and
Twin Tone hasn't done bad either: 50 grand for the Babes and 60 grand
for the Poster Children-- without having to sell a single additional
record. It'll be something modest. The new label doesn't mind, so long
as it's recoupable out of royalties.
Well, they get the final
contract, and it's not quite what they expected. They figure it's
better to be safe than sorry and they turn it over to a lawyer--one who
says he's experienced in entertainment law and he hammers out a few
bugs. They're still not sure about it, but the lawyer says he's seen a
lot of contracts, and theirs is pretty good. They'll be great royalty:
13% [less a 10% packaging deduction]. Wasn't it Buffalo Tom that were
only getting 12% less 10? Whatever.
The old label only wants 50
grand, and no points. Hell, Sub Pop got 3 points when they let Nirvana
go. They're signed for four years, with options on each year, for a
total of over a million dollars! That's a lot of money in any man's
English. The first year's advance alone is $250,000. Just think about
it, a quarter million, just for being in a rock band!
Their
manager thinks it's a great deal, especially the large advance.
Besides, he knows a publishing company that will take the band on if
they get signed, and even give them an advance of 20 grand, so they'll
be making that money too. The manager says publishing is pretty
mysterious, and nobody really knows where all the money comes from, but
the lawyer can look that contract over too. Hell, it's free money.
Their
booking agent is excited about the band signing to a major. He says
they can maybe average $1,000 or $2,000 a night from now on. That's
enough to justify a five week tour, and with tour support, they can use
a proper crew, buy some good equipment and even get a tour bus! Buses
are pretty expensive, but if you figure in the price of a hotel room
for everybody In the band and crew, they're actually about the same
cost. Some bands like Therapy? and Sloan and Stereolab use buses on
their tours even when they're getting paid only a couple hundred bucks
a night, and this tour should earn at least a grand or two every night.
It'll be worth it. The band will be more comfortable and will play
better.
The agent says a band on a major label can get a
merchandising company to pay them an advance on T-shirt sales!
ridiculous! There's a gold mine here! The lawyer Should look over the
merchandising contract, just to be safe.
They get drunk at the signing party. Polaroids are taken and everybody looks thrilled. The label picked them up in a limo.
They
decided to go with the producer who used to be in Letterman's band. He
had these technicians come in and tune the drums for them and tweak
their amps and guitars. He had a guy bring in a slew of expensive old
"vintage" microphones. Boy, were they "warm." He even had a guy come in
and check the phase of all the equipment in the control room! Boy, was
he professional. He used a bunch of equipment on them and by the end of
it, they all agreed that it sounded very "punchy," yet "warm."
All that hard work paid off. With the help of a video, the album went like hotcakes! They sold a quarter million copies!
Here is the math that will explain just how fucked they are:
These
figures are representative of amounts that appear in record contracts
daily. There's no need to skew the figures to make the scenario look
bad, since real-life examples more than abound. Income is underlined, expenses are not.
| Advance: |
$ 250,000 |
| Manager's cut: |
$ 37,500 |
| Legal fees: |
$ 10,000 |
|
|
| Recording Budget: |
$ 155,500 |
| Producer's advance: |
$ 50,000 |
| Studio fee: |
$ 52,500 |
| Drum, Amp, Mic and Phase "Doctors": |
$ 3,000 |
| Recording tape: |
$ 8,000 |
| Equipment rental: |
$ 5,000 |
| Cartage and Transportation: |
$ 5,000 |
| Lodging while in studio: |
$ 10,000 |
| Catering: |
$ 3,000 |
| Mastering: |
$ 10,000 |
| Tape copies, reference CDs, shipping tapes, misc. expenses: |
$ 2,000 |
| Album Artwork: |
$ 5,000 |
| Promotional photo shoot and duplication: |
$ 2,000 |
|
|
| Video budget: |
$ 31,000 |
| Cameras: |
$ 8,000 |
| Crew: |
$ 5,000 |
| Processing and transfers: |
$ 3,000 |
| Off-line: |
$ 2,000 |
| On-line editing: |
$ 3,000 |
| Catering: |
$ 1,000 |
| Stage and construction: |
$ 3,000 |
| Copies, couriers, transportation: |
$ 2,000 |
| Director's fee: |
$ 4,000 |
|
|
| Band fund: |
$ 15,000 |
| New fancy professional drum kit: |
$ 5,000 |
| New fancy professional guitars [2]: |
$ 3,000 |
| New fancy professional guitar amp rigs [2]: |
$ 4,000 |
| New fancy potato-shaped bass guitar: |
$ 1,000 |
| New fancy bass amp: |
$ 1,000 |
| Rehearsal space rental: |
$ 500 |
| Big blowout party for their friends: |
$ 500 |
|
|
| Tour expense [5 weeks]: |
$ 50,875 |
| Bus: |
$ 25,000 |
| Crew [3]: |
$ 7,500 |
| Food and per diems: |
$ 7,875 |
| Fuel: |
$ 3,000 |
| Consumable supplies: |
$ 3,500 |
| Wardrobe: |
$ 1,000 |
| Promotion: |
$ 3,000 |
|
|
| Tour gross income: |
$ 50,000 |
| Booking Agent's cut: |
$ 7,500 |
| Manager's cut: |
$ 7,500 |
|
|
| Merchandising advance: |
$ 20,000 |
| Manager's cut: |
$ 3,000 |
| Lawyer's fee: |
$ 1,000 |
|
|
| Publishing advance: |
$ 20,000 |
| Manager's cut: |
$ 3,000 |
| Lawyer's fee: |
$ 1,000 |
|
|
| Record sales: 250,000 @ $12: |
$ 3,000,000 |
| Gross retail revenue Royalty [13% of 90% of retail]: 250,000 @ $12: |
$ 351,000 |
| Less advance: |
$ 250,000 |
| Producer's points [3% less $50,000 advance]: |
$ 40,000 |
| Promotional budget: |
$ 25,000 |
| Recoupable buyout from previous label: |
$ 50,000 |
| Net royalty: |
$ -14,000 |
Now, on the other hand, let's look at the Record company income:
| Record wholesale price $6.50 x 250,000 |
$ 1,625,000 gross income |
| Artist Royalties: |
$ 351,000 |
| Deficit from royalties: |
$ 14,000 |
| Costs of manufacturing, packaging and distribution @ $2.20 per record: |
$ 550,000 |
| Label's gross profit: |
$ 7l0,000 |
The Balance Sheet: This is how much each player got paid at the end of the game:
| Record company: |
$ 710,000 |
| Producer: |
$ 90,000 |
| Manager: |
$ 51,000 |
| Studio: |
$ 52,500 |
| Previous label: |
$ 50,000 |
| Booking Agent: |
$ 7,500 |
| Lawyer: |
$ 12,000 |
| Band member net income each: |
$ 781.25 |
The band is now 1/4 of the way through its contract, has made the music
industry more than 3 million dollars richer, but is in the hole $14,000
on royalties. The band members have each earned about 1/20 as much as
they would working at a 7-11, but they got to ride in a tour bus for a
month.
The
next album will be about the same, except that the record company will
insist they spend more time and money on it. Since the previous one
never "recouped," the band will have no leverage, and will oblige.
The
next tour will be about the same, except the merchandising advance will
have already been paid, and the band, strangely enough, won't have
earned any royalties from their T-shirts yet. Maybe the T-shirt guys
have figured out how to count money like record company guys.
Some of your friends are probably already this fucked...
About the Author:
Steve Albini is a well-known engineer as well as an equally well-known
critic of major labels and the "music industry". Steve has worked with
artists ranging from the smallest garage band to the Pixies, Plant-Page
and Nirvana. In addition to his recording work, Steve was also the
founder of the seminal '80s noise-rock band Big Black, and now plays
guitar in the underground rock band Shellac.
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