Website Control and Record Companies

by Jeff and Todd Brabec<p>

The actual look and feel of the Web site can be vitally important, because it becomes a reflection of the artist’s image and persona.<p>

Consequently, almost all agreements provide for consultation with the artist and, in some cases depending upon bargaining power, consent by the recording artist regarding all important aspects of the site.<p>

As to the content of the official Web site, both the record company and recording artist may create and contribute material that will be used on the site.<p>

After the term of artist agreement is over, the record company will have the right to use the materials it created and the artist will many times have the right to use the items which were created or supplied by the artist.<p>

Some agreements also provide that the record company will be able to continue to use materials created by the artist on its sites, and other agreements guarantee that the record company will stop using the artist-created materials after written notice from the artists.<p>

As to the creation of Web sites, some agreements provide that the record company will create an official artist Web site within a certain period of time after the artist agreement is signed or, at the latest, within a certain time period (e.g., 90 to 180 days) after the release of the artist’s first album.<p>

If the Web site is not created within the agreed-upon time period, the artist will usually have the right to own, develop, and host the official Web site. If this occurs, the record company will many times have the right to include a hyperlink to other Web sites operated by the record company that include references to the recording artist, or feature or contain recordings of the artist.<p>

Some of the services the record company may be required to provide in its construction and maintenance responsibilities are development of the navigational structure; digitization and encoding of audio files; engagement of hosting services; creation of hyperlinks; registration with search engines; creation of guest books, chat rooms, and other discussion forums; posting of touring dates and other related information; and establishing marketing and publicity activities to promote traffic to the artist’s Web site.<p>

© 2008 Jeff Brabec, Todd Brabec<p> This article is based on information contained in the new, revised paperback edition of the book “Music, Money, And Success: The Insider’s Guide To Making Money In The Music Business” written by Jeffrey Brabec and Todd Brabec (Published by Schirmer Trade Books/Music Sales). www.musicandmoney.com</a