More ways to wriggle out of a record deal
The great escape ... EMI bought out Mariah Carey after she suffered a 'nervous breakdown' . Photograph: PR
Last week, I discussed how Jared Leto's band 30 Seconds to Mars invoked the California Labor Law to try and wriggle out of their record deal. Of course, you can only use that law if your deal was actually signed in California. Snoop Dogg found that out in 2006 when attempting to end his publishing deal with EMI so he could sign a more lucrative one with a rival company. His music may be West Coast, but a court ruled the deal - which was signed in NYC - wasn't.
So, for all the artists who don't live in the Golden State, here are some other ways to escape a record deal.
Suffer a physical and emotional breakdown
Like Mariah Carey did only months after signing a record deal with EMI's Virgin Records for a reported $80m. After releasing an album (Glitter) that was less than successful by her standards, (not to mention the movie of Glitter) the label decided that it was more economically viable to buy her contract out for $28m - only a year after it was originally signed - than to keep her on the roster. She went on to sign with Island/Def Jam that same year for $20m, and has since released some of her most successful albums to date.
Use a key-man clause
Granted, this requires a bit of forward thinking. Every couple of years, most major labels go through a culling procedure, sacking anyone that they believe has under-performed (if this is an executive, he/she will be handsomely rewarded by a "golden handshake"). Before you know it, you may find yourself without anyone championing your cause. So, think ahead: include a clause in the contract that says you can leave when the person who signed you leaves.
File for bankruptcy
This seems to work quite well, as existing contracts can be rejected if they impair your ability to get back on your feet or recover financially. And you don't even have to be completely down-and-out to do it. In 1998, Toni Braxton filed for Chapter 7 (as it's called in the US) - even though her albums had sold an estimated 15m units worldwide - as she claimed her liabilities exceeded her assets. TLC, who were signed to the same label as Braxton (LaFace) had done the same thing a few years earlier, only to re-sign with LaFace, but under much more favorable conditions.
Give the label too many albums.
Warner Bros Records refused to release the quadruple-LP Läther Frank Zappa recorded in the 70s, thinking it would be commercial suicide. After Zappa then played it on a radio show and encouraged listeners to tape it, he and the label had a Mexican stand-off. Even though he was prevented from recording for a year, he did get out of the deal. He subsequently released his most successful album, Joe's Garage (a triple-LP) on his own label.
Claim the contract is void because you were a minor when you signed it.
Of course, you must actually have been underage, but since many labels seem to want their artists as young as possible (I was once asked to write for an 11-year-old Christian-crossover boy), it's likely you may have been.
Whatever you do, though, don't try the "the contract is patently unfair" approach, no matter how bad and one-sided the terms are. It didn't work for George Michael and almost certainly won't for you, as the court will say: "You still signed it."
Instead, do it the Dave Lee way. Or should I say the Joey Negro, Raven Maze and Jakatta way. They're all DJ/Producer Dave Lee's aliases and have recorded for different labels without any problem.
Failing that, record a few really crap albums and watch how quickly they'll drop you. Then start your own label, selling directly to the fans you've accumulated through the years. If you haven't lost them by releasing crap records, that is.
Comments