Law in the Internet Society

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BradleyMullinsFirstPaper 9 - 01 Dec 2009 - Main.JustinColannino
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 Bradley, I also have a few thoughts. First, I think that when advocating for other models than the traditional artist/label model you may want to spend some space, if you can spare it, discussing the current model in more depth. You do spend some time on this in the Unreliability of Album Sales section, but I think it would be useful to discuss why artists are willing to give up control over so much of their careers and music in order to sign the record contract. In my view these reasons include the cash up front advance, access to a influential marketing vehicle, and perhaps even some cognitive dissonance ("even though most albums don't sell well, mine surely will"). There may also be a cultural aspect to it -- many of the music artists I know see a record deal as "making it." I think addressing some of these points would make your discussion of why Polyphonic and other models are attractive to artists more complete and convincing.
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Second, I think the debt comment in the same section might be a bit misleading. Yes, some artists take out loans against future sales from their record label, but my understanding is that it is rare. As I understand the standard contracts I have seen the advance and expenses (dinner will be provided while you record Mr. Elvis) can only be regained by the record label through the application of royalties, and thus are not debt the same way law school loans are debt: if the album doesn't sell well the artist keeps the advance and the record label loses the advance and expenses.
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Second, I think the debt comment in the same section might be a bit misleading. Yes, some artists take out loans against future sales from their record label, but my understanding is that it is rare. As I understand the standard contracts I have seen, the advance and expenses (dinner will be provided while you record Mr. Elvis) can only be regained by the record label through the application of royalties, and thus are not debt the same way law school loans are debt: if the album doesn't sell well the artist keeps the advance and the record label loses the advance and expenses.
 -- JustinColannino - 20 Nov 2009

Dana and Justin,

Thank you both for your comments. I'm currently going through a fairly major revision, and I hope the resultant product will address many of your points. Any additional discussion is of course more than welcome!

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-- BradleyMullins - 22 Nov 2009

Bradley,

I just stumbled across this piece, and thought I would share it with you since it relates to this paper.

-- JustinColannino - 01 Dec 2009

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Revision 9r9 - 01 Dec 2009 - 15:16:09 - JustinColannino
Revision 8r8 - 22 Nov 2009 - 23:48:04 - BradleyMullins
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