How frequently do you see bands getting full-rate on controlled compositions rather than the previously standard three-quarter rate?
Only in a bidding-war situation. When I say bidding war, I mean where there’s a competitive deal where there is more than one label bidding for the band’s services, and then where the lawyer representing the band makes it a major strike point from the getgo. I’d imagine the label’s lawyers would be reluctant to agree to full rate, since that means that the label has to pay another 25% to the act’s writers. But if the head of the label wants the band badly enough, they’d be willing to make that concession, right? The job of business affairs [the record company’s legal department, whose attorneys negotiate record deals] is to mitigate the cost of mechanical royalties. So if you allow that issue to become totally and solely a business affairs issue, business affairs is likely to prevail. If a lawyer [representing the artist] prioritizes that issue in a competitive situation, the lawyer is more likely to be successful. I have found in the last three or four years that lawyers are becoming
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