General Lady Gaga Discussion | Page 3497 | The Popjustice Forum

General Lady Gaga Discussion

Discussion in 'Pop & Justice' started by cherryboomboom, Dec 22, 2009.

  1. This is normal. Most of the deals I see are for vs 80% or vs 85% of the profits after breakeven, but as an artist gets bigger they generally increase this percentage. I've seen some for 90% and 95%. I imagine she's probably on at least a vs 90% deal these days.
  2. RhythmNative

    RhythmNative Staff Member

    Stawwwp. Bloody Mary and Dancin’ In Circles in the same live show again? It’s just not realistic.

    Not to mention that *THAT* performance of The Cure is one of my fave Gaga performances of all times...
    Femme Aesthetic likes this.
  3. For anyone curious about her recording contract, someone on GGD read through all the documents and summarized the most important bits:

    -Gaga initially signed for up to 5 albums (1.02). It is up to Interscope to let Gaga know if they will exercise the right for an additional album within 6 months of the U.S. release date. If Interscope does not give Gaga written notice that they are extending within that 6 month period, Gaga is allowed to request termination via written request. Interscope has 10 days to respond after receipt of the termination request and if there is no response, Gaga is let out of her contract on the 11th day (1.02).

    -Gaga is obligated to hire and pay her producers unless Interscope hires the producers, in which case it comes out of the production fund and Gaga's royalty rate (2.02a-b).

    -Gaga may only use songs intended for a specific album it was written for unless Interscope approves otherwise (3.03)

    -There is an obligation for her to get approval from Interscope before recording any music. She must advise Interscope on the contents of the music before it is recorded (4.01a2). Additionally, this section dictates that Interscope chooses the lengths of her albums.

    -She is not allowed to begin recording a new album for 5 months after turning in her last album (4.01a3).

    -Gaga is not required to perform with any other royalty artist, and she may refuse such performance for any reason (4.04).

    -Gaga does not own her own masters, artwork, or website material (7.01). This part of the contract also states that Gaga gives Interscope power of attorney when it comes to certain works she could be considered "author" of and allows Interscope to trademark her works on her behalf.

    -When Gaga turns in Album Artwork, she must also provide 2 (or more if mutually agreed) additional artwork designs to be used (7.05). Within this paragraph Interscope also claims the right to merchandise including "t-shirts and other clothing, posters, stickers and novelties".

    -Interscope has no right or obligation to secure work for Gaga (7A.08).

    -Gaga must cooperate with Interscope, as it reasonably requests, in photographing and otherwise promoting Gaga (8.02a).

    -Gaga is consulted for approval on promotional material. She may object and present alternative promotional material that Interscope could approve. If Interscope uses material Gaga objected to, they will put in reasonable effort to "cure such failure", but failure to fix any issues in relation to this will not constitute a breach of contract (8.02b).

    -Interscope has a right, but no obligation, to release her music (8.03a). This section also states that Vincent Herbert will be credited as an Executive Producer on each album.

    -Interscope must have Gaga's consent to release outtakes (8.03e).

    -Gaga must give consent for Interscope to license master recordings for anything other than the direct promotion of Gaga (8.03f).

    -Interscope must release a turned in album in the U.S. within 120 days of receiving the album. If this is not done, Gaga may request to terminate the contract within 60 days after the 120 day period. Interscope must then release the album within 60 days of receiving this request and this period is referred to as "the Cure period" (8.06a). If the album is not released within the Cure period, Gaga has 60 days in order to send a termination notice that will end the contract. Failure to send a termination notice within 60 days after the Cure Period will waive her right to terminate the agreement for this album period.

    -Interscope must release each album outside of the U.S. within 120 days of it reaching the Top 50 albums on the Billboard 200 (8.06b1). These territories include Canada, U.K., Australia, New Zealand, and Japan. If Interscope fails to do this, Gaga may invoke an option for her to designate and Interscope approve a licensee to manufacture and distribute the album in those territories. In this case, Gaga will receive 50% of Interscope's entitled royalties for those territories.

    -Interscope is not obligated to create Covered Videos (8.08).

    -Interscope and Gaga must agree to the selection of Covered videos (8.08a). Gaga and Interscope agree on a date for the shooting of such videos (8.08b). The producer, director, concept, and script are all mutually agreed upon by Interscope and Gaga (8.08c).

    -Gaga's royalty rate on a "picture disk" is half the normal royalty rate (9.02c3).

    -Interscope cannot stop Gaga from completing her commitment without clause (15.02).

    -Interscope has the right to obtain insurance on Gaga's life (19.02).

    Artist Inducement Agreement:

    -Gaga has re-recording rights for songs 5 years after the master is submitted to Interscope and their agreement ends (4).

    Acquisition Masters:

    -Beautiful, Dirty, Rich was written and or recorded by Gaga before she signed her agreement.

    October 2009 Amendment:

    -The Fame Monster was established to not count towards her commitment albums (2). This was changed with the December 2009 Amendment.

    December 2009 Amendment:

    -The Fame Monster does count towards her commitment albums (5a).

    -If The Fame Monster didn't sell at least 775,000 units in the U.S. by November 24,2011, Interscope would have a 6th album option (5bi). The next album would then also be considered the second album (5bii).

    August 2010 Amendment:

    -Interscope changes the amount of album options to 6 (1).

    -Interscope initially gave album 3 a recording fund of $575,000 to $1,150,000 but changed this to $14,000,000 (2.01).

    September 2012 Amendment:

    -Interscope is granted the option to extend the contract to 7 albums (1d).

    -Again the recording funds were amended, this time giving album 4 a fund of $20,000,000 (2a).

    June 2014 Amendment:

    -Cheek to Cheek will not count towards Gaga's album count (1a).

    -Her royalty rates for Cheek to Cheek were still the "fourth Option Period of the Recording Agreement", or the same rate from ARTPOP (3).

    January 2017 Amendment:

    -The recording fund for the fifth album was set for $6,522,418 (1a).

    -Acting and Cameo Services will be excluded from Other Entertainment Services when it comes to non-record royalties that Interscope collects (3d).
    jvckkk, Island, aaronhansome and 25 others like this.
  4. Well hello let's celebrate that.
    jvckkk, Island, Edu and 7 others like this.
  5. This is random, I wonder if this is industry standard (and the photographer/graphic designer gets half of the artist's royalties for it?)
  6. Sam


    Wouldn't the photographer or artist be paid a lump sum?
  7. Can someone explain to me how royalty and publishing splits work? I understand what royalties are, but how does the publishing split affect how the writer/producer is paid out?
  8. RhythmNative

    RhythmNative Staff Member

    Her record deal is quite conventional, no? i.e. not 360 and with the usual advance per project which is offset against sales.

    Where her set-up is slightly less conventional is that her management and touring agent are owned by the same people. So the money is split fewer ways.
    Last edited: May 19, 2020
  9. Yeah, there’s nothing really crazy in her contract. We’re definitely missing some amendments, though, because there was a memo stating that she extended her options up to 7-8 albums.
    BricksAndStrings likes this.
  10. Can't wait for that subtle "sipping Dom Perignon to celebrate Rain On Me!" captioned insta post this Friday.
  11. I find this so interesting but damn, recording contracts really are awful. Can someone please explain the whole "Masters" thing to me? What are masters? What's the bit about re-recording? I know Taylor had problems with them a while ago.
  12. Hopefully it's okay to post my own stuff but here's another.
    jvckkk, Island, aaronhansome and 18 others like this.
  13. Sam


    Masters are the master files for her songs, including everything from stems (vocal takes to instrument samples) to the final mastered track. Essentially, owning and having control over these, means the artist holds the right to their music and has a say in what it can be used for.
    sesita and nathanspears like this.
  14. RhythmNative

    RhythmNative Staff Member

    It should be added that it’s extremely rare for artists to own their own masters, even if artists have their publishing companies. Masters are the last thing labels let go of because while they own them they can monetise them as an asset well into the future with compilations and repacks.

    This is the pickle Taylor is in. She doesn’t own her masters, and so Big Machine/Scooter can do with those recordings what they wish. What they can’t do is block her performing her old material or stop he re-recording old songs once a certain time has expired after the termination of the contract. It looks like Gaga has a similar time stipulation for re-recordings.
    Last edited: May 19, 2020
  15. I'm surprised there was nothing regarding the split from Troy leaked.
    nesstorcx___ likes this.
  16. I was genuinely looking for some legal back and forth from their split as well
  17. The hackers said they were only leaking stuff that wasn’t technically harmful as a warning/proof they actually had what they were saying. This is just 2gb of what is supposed to be nearly 800gb of stuff from the law firm.
    nesstorcx___, LGStan93 and Gemini like this.

  18. I had almost forgotten that the best part of Fashion Of His Love used to be another song (starting 0:54 and 2:10). She has so many unreleased songs that deserves to be re-recorded and released. And maybe have some of their lyrics rewritten as well.
    Maki, Glitterizer and Laurence like this.
  19. I was just reminded of this and I remember playing this on repeat for some bizarre reason.

  20. I get that it’s probably just standard practice within the industry, but it seems so strange that artists don’t actually own their own music, truly. I wonder if the likes of Beyoncé have the same restraints. Is it purely for financial reasons on the label’s part?
    Laurence likes this.
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