|
Royalty
Rates and Contract Review
What is the true
percentage of the contract? You agreed on a percentage, but is
that what your contract really says? Is your contract in accordance with industry standards?
We look at contracts
strictly from a financial perspective taking into account
industry standards. We are not attorneys and cannot provide
legal advice, but we can interpret the financial terms of your
contract. When we identify issues, we can talk with your
attorney or have an entertainment legal professional we are
familiar with review the contract for you.
Royalty
Statements Analysis
Our entertainers who
receive royalty statements are offered a review of their
account. The statements themselves can be complicated and we
review the actual calculations on the statement to determine if
the math is logical and the numbers are being properly recorded.
Our analysis does not validate sales or recoupment. That
function would be performed in a royalty audit as described
below.
Royalty Audits
A royalty audit is needed when there appears to be a
discrepancy or an identified dispute. The Music CPA will verify
total sales by using independent sources that track industry
sales (i.e. Soundscan). The audit compares sales reported in
the royalty statements with these outside sources to verify you
are
receiving all the income you are entitled to. The discrepancy
is then reviewed to determine if there is a need to further pursue
action, sometimes in conjunction with an attorney. In addition,
a
royalty audit looks at the “recoupables”. These are the
expenses charged by the label to your royalty account. Expense
recoupment is a specialized area that artists need to carefully
review.
As an example, one artist we represented had a
successful recording and video. The royalty statement accurately
reflected sales but also included expenses for several other
video shoots for other recordings that were not successful. In
this case the artist was being charged back for previous efforts
that should not have been included against the successful
recording. This is an example of how contract review and royalty
statement analysis are vital.
|