Hey man.. I got a very similar thing from the same company.. saying 1,200 to release and distribute our album to amazon, cdnow, best buy, tower, etc... It appears to be a real label, but FUCK paying THEM. Look... they even sent me a "record contract" after I replied to one of their emails ... I wrote him back saying something like.. no no no... you PAY US, $10,000, and we'll consider going down there for you to record us, distribute it, and send us on tour.. and he sent what follows below It's either a scam, or a desperate indie label.. either way... not good. Rpm Recordings LLC
RPMRecordings 12157 W Linebaugh Ave PMB384
Tampa FL 33626
U.S.A.
Phone: (813)926-7091 Fax: (813)920-1239 E-mail: RpmRecordings@aol.com TO: Skultamaphon
FROM: Ryan Michalski
Rpm Recordings LLC
RE: CD Release
We are interested in releasing some of your music worldwide to all major retail locations including (but not limited to) Amazon, CDNOW, CD Universe, Barnes and Noble, Borders, Circuit City, Sonic Net, Best Buy, Yahoo, Virgin Mega., Artist Direct, Waldenbooks,Target, HMV, Tower Records, FYE and other stores that purchase from The Orchard, LLC.. One-Stop distributers include but are not limited to: Alliance Entertainment Corp., Baker & Taylor Inc., Super D and the Arrow Distributing Company. We also have existing relationships with the following major digital music service providers, both in the U.S. and abroad: Music Net/AOL (US), Napster/Pressplay (US), Itunes/Apple (US), Buymusic (US), HMV (UK), MSN UK (UK), Freeserve (UK), Blueyonder (UK), Blueyonder (UK), Playlouder (UK), Alapage (France), Fnac (France), Wanadoo (France), Dot Music/BT Openworld (UK), Tiscali (UK / France / Germany / Italy).
I am requesting that you handle your next release independently through Rpm Recordings LLC . On a Test Market Basis. What this means is that you/your management cover a minimal portion of the company?s initial manufacturing expenses. If your CD sells a minimum of 6,000 units in the first 12 MONTHS from the official release date, then I would like to offer you an advance payment to record a second release as an RPM Records artist.
Rpm Recordings LLC will manufacture unlimited copies of , and distribute your CD to major stores worldwide and provide monthly press releases, promotional blurbs, and direct faxes and e-mail to all the stores, radio stations, program directors, and independent buyers to maximize the amount of sales. We will also make sure you are listed on dozens of web sites to expand your online presence as another approach to maximize your sales. You will be paid 20% of all revenue generated from sales. Enclosed is a release contract spelling out all the details and services we can offer to you.
What I need from you:
1. A Signed Copy Of The Release Contract With U.S.D $1,200.00 to Ryan michalski From Rpm Recordings for initial manufacturing . < A CD-Rom final master of recording of your new material to be released (at least 35 minutes of music) - if you are not able to provide a commercial quality mix, please let me know and I will assign an in-house producer, but we may be limited by his/her time schedule. This will also add $1000 to the cost of the agreement. < The necessary track and artist information for the CD insert on the new release.
< A picture or two along with any cover artwork you may prefer.
< A brief Bio, and description of the music (If you don?t have these, I?ll assign Rpm Recordings staff to develop something for you). about some of our artists such as Releases
SPACEKING
RYAN COSMONAUGHT
Dead Dark Slide
Manmilk
The up side down band Ryan?s Bell Room
The World of me Ryan King
Jeremy Gloff
Steel Rain
I sincerely hope you take me up on my offer, as I believe your style of music can yield a significant amount of sales in the major market. I look forward to the possibility of signing you on as one of our own and working with you in the near future.
Sincerely,
Ryan Michalski Producers and Owner
Rpm Recordings LLC
United States Office
(813) 926-7091
http://www.rpm-recordings.com RpmRecordings@aol.com Rpm Recordings LLC RPMRecordings 12157 W Linebaugh Ave PMB 384 Tampa, Florida 33626
U.S.A.
Phone: (813)926-7091 Fax: (813)920-1239 E-mail: rpmsg1@aol.com Rpm Recordings LLC. RELEASE AGREEMENT - RPM-0026
THIS AGREEMENT, entered into between Rpm Recordings LLC. (?Label?) & Skultamaphon (?Artist?): recordings & related products: and
WHEREAS, Label manufactures, distributes, and sells musical recordings and desires to sell recordings of artist:
NOW, THEREFORE, in consideration of the foregoing and of the mutual promises that follow, it is agreed that:
1. Definitions. The following definitions shall be applicable herein: a. ?Distribution? shall mean the transfer by Label of Records to the retail outlets set forth in Schedule ?A? hereto and such other outlets as the parties may agree upon and the Rpm Recordings LLC. Catalog:
b. ?Manufacturing? shall mean the creation of artwork and necessary components for duplication, and duplicating the product(s) to be sold.
2. Terms of Payment. Artist shall be compensated for their services under this agreement as follows:
a. Label shall pay artist 20% of the revenues of all sales of copies of the recording that label sells through its distribution network.
b. Label will compute any sums due Artist bi-quarterly and will pay any sums due within 90 days following said accounting period.
3. Distribution. Label shall distribute the product for sale to retail outlets in Label?s present network, see schedule?A? attached hereto. Retail outlets shall be decided upon by RPM Records LLC in consideration of retail outlet demand. Artist may undertake to buy back any product at a rate of $5.50 per CD (minimum 220 units per request) to sell during performances, signings, or any other promotional outlet. 4. Artist Obligations
a. Artist must provide two copies of the mastered material to the Label as a CD-ROM. Artist must also provide necessary track and recording information as well as the necessary information needed to complete graphic design.
b. Artist will pay USD$1,200.00 to (Ryan Michalski) From Rpm Recordings upon signing this Agreement.
5. Label?s Obligations
With respect to the product(s) covered by this Agreement, Label agrees to do the following:
a. Manufacture and warehouse products at Label?s distribution center.
b. To distribute the product(s) to retail locations and to be responsible for inventory control and bookkeeping regarding the sale of the product(s) from retail outlets. Label holds the right to promote the product(s) in any way seen fit.
6. Copyright, Rights, and Publishing Ownership.
a. Unless Artist requests Label to hold any copyrights. Artist shall own all copyrights in and to the sound recording of the record, the lyrics and music performed on the record. Artist shall be responsible for registering all copyrights with the United States Copyright Office.
b. Artist shall be responsible for all publishing rights. Artist holds the right to license the music to anyone whose services does not conflict with Label?s duties scheduled in this document. Label will be paid 20% gross commission of money paid to the Artist for any of the recording licensed by Artist to an outside party.
c. Artist shall be responsible for all rights and trademarks. Artist attests that the product will not infringe on any trademarks, servicemark, copyrights, or any other rights of which could be violated.
d. Artist will indemnify Label from any or all losses to Label, including without limitation, lost profits, other money damages, court costs and attorney fees, and the cost of any settlement or judgement against Label resulting from any breach of the warranties and representations made by artist herein or by any act or omission of Artist inconsistent with the warranties and representations made by Artist herein.
7. Exclusivity. Artist cannot utilize any other distribution, manufacturing or promotion service that conflicts with the Label?s obligations. However, artist is still urged to self-promote the release as much as possible.
8. Assignment
Label shall have the right to assign this Agreement or any of its rights to any party, including without limitation, a parent, subsidiary or affiliate, of any party acquiring all or a substantial part of Label?s stock or assets, or any major record company. This Agreement shall insure to the benefit of and be binding upon each of the parties hereto and their respective successors, assigns, heirs, executors, administrators and legal and personal representatives. 9. Governing Law. The laws of the state of Florida shall govern the validity, construction and effectiveness of this Agreement.
10. No Partnership. Anything contained herein to the contrary notwithstanding, Label does not in any way or for any purpose become a partner of Artist in the conduct of its business, or otherwise, or a joint venture or member of a joint enterprise with Artist unless agreed upon by both parties.
11. Attorney?s Fees. Should either party hereto institute any action or proceeding in court to enforce any provision hereof or for damages or other relief by reason of an alleged breach of any provision hereto for of agreements with Artist, the prevailing party shall be entitled to receive from the losing party, in addition to allowable court costs, such amount as the court may adjudge to be reasonable as attorney?s fees for the services and costs of suit rendered the prevailing party in such action or proceeding, and such amount may be a part of the judgement against the losing party.
12. Partial Invalidity. If any term, provision, covenant or condition of this distribution agreement should be held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of this agreement shall continue in full force and effect and shall in no way be affected, impaired or invalidated thereby.
13. Notices to Label. Any notice or demand to Label shall be addressed to Label in writing.
14. Termination.
a. This Agreement shall be effective upon execution by both parties and shall remain in effect unless mutually agreed upon.
b. If for any reason Artist desires to be removed from Rpm Recordings LLC Incorporated?s catalog, $9,500.00 + cost of shipping of units from stores to Label?s distribution center and then to Artist will be required from Artist, paid to label, as a removal fee. IN WITNESS WHEREOF, the parties have executed this Agreement themselves or by their authorized representatives.
Rpm Recordings LLC Incorporated ARTIST
By Ryan Michalski By ______________________ Its: Producer/Owner Its:______________________ Date: , 200 Date: , 200___ All Correspondence: Rpm Recordings RPMRecordings 12157 W Linebaugh Ave PMB384 Tampa FL 33626
Telephone: (813) 926-7091
Contact: Ryan Michalski, Producer/Owner Schedule A/Territory
Amazon, CDNOW, CD Universe, Barnes and Noble, Borders, Circuit City, Sonic Net, Best Buy, Yahoo, Virginmega., Artistdirect, Waldenbooks,Target, HMV, Tower Records, FYE and all other major e-commerce stores distributed by The Orchard, LLC., Rpm Recordings online-line catalog and electronic store, but not limited to BEST BUY, TOWER RECORDS, FYE, and all major locations within the United States of America. One-Stop distributers include but are not limited to: Alliance Entertainment Corp., Baker & Taylor Inc., Super D and the Arrow Distributing Company. We also have existing relationships with the following major digital music service providers, both in the U.S. and abroad: Music Net/AOL (US), Napster/Pressplay (US), Itunes/Apple (US), Buymusic (US), HMV (UK), MSN UK (UK), Freeserve (UK), Blueyonder (UK), Blueyonder (UK), Playlouder (UK), Alapage (France), Fnac (France), Wanadoo (France), Dot Music/BT Openworld (UK), Tiscali (UK / France / Germany / Italy).
1.THIS AGREEMENT SHALL NOT BECOME EFFECTIVE UNTIL EXECUTED BY ALL PARTIES HERETO. IN THE EVENT ARTIST ENTERS INTO A RECORDING CONTRACT WITH ANOTHER RECORD COMPANY WITHIN 12 MONTHS AFTER THE RELEASE DATE OF THIS RECORDING RPM Recordings LLC WILL RECEIVE 4% OF WHOLESALE OR 2% OF RETAIL WHICH EVER IS GREATER OF GROSS ROYALTIES PAID ARTIST ON SAID CONTRACT.
1.(A) RPM Recordings LLC MAY AT RPM Records LLC ELECTION ASSIGN THIS AGREEMENT OR ANY OF RPM Records LLC RIGHTS HEREUNDER.
1.(B) RPM Recordings LLC AGREES THAT AT SUCH TIME AS RPM Records HAS SOLD AN AGGREGATE OF (6,000) COPIES OF THE RECORDINGS HEREUNDER IN ANY CONFIGURATION OR COMBINATION THEREOF THROUGH NORMAL RETAIL DISTRIBUTION CHANNELS (EXCLUSIVE OF THE PRODUCT PURCHASED BY ARTIST HEREUNDER) AND HAS RECEIVED PAYMENT THEREFOR, RPM Records WILL, AT ARTIST ELECTION OFFER TO RECORD (12) ADDITIONAL SONGS TO EXPAND THE EP INTO AN LP.
1 (C ) RPM Recordings LLC AGREES THAT AT SUCH TIME AS RPM Records LLC HAS SOLD AN AGGREGATE OF (125.000) COPIES OF THE RECORDINGS HEREUNDER IN ANY CONFIGURATION OR COMBINATION THEREOF THROUGH NORMAL RETAIL DISTRIBUTION CHANNELS (EXCLUSIVE OF THE PRODUCT PURCHASED BY ARTIST HEREUNDER) AND HAS RECEIVED PAYMENT THEREFOR, RPM Records LLC WILL, AT ARTIST ELECTION OFFER TO COMMISSION A MUSIC VIDEO For MTV & MTV2 & VH1.
2. RPM Recordings LLC AGREES THAT AT SUCH TIME AS RPM Records LLC HAS SOLD AN AGGREGATE OF (4,000) COPIES OF THE RECORDINGS HEREUNDER IN ANY CONFIGURATION OR COMBINATION THEREOF THROUGH NORMAL RETAIL DISTRIBUTION CHANNELS (EXCLUSIVE OF THE PRODUCT PURCHASED BY ARTIST HEREUNDER) AND HAS RECEIVED PAYMENT THEREFOR, RPM Records LLC WILL, AT ARTIST ELECTION OFFER TO COMMISSION FOR COLLEGE RADIO 3. RPM Recordings LLC AGREES THAT AT SUCH TIME AS RPM Records LLC HAS SOLD AN AGGREGATE OF (25.000) COPIES OF THE RECORDINGS HEREUNDER IN ANY CONFIGURATION OR COMBINATION THEREOF THROUGH NORMAL RETAIL DISTRIBUTION CHANNELS (EXCLUSIVE OF THE PRODUCT PURCHASED BY ARTIST HEREUNDER) AND HAS RECEIVED PAYMENT THEREFOR, RPM Records LLC WILL, AT ARTIST ELECTION OFFER TO COMMISSION For RADIO PLAY, RPM Recordings LLC AGREES THAT AT SUCH TIME AS RPM Records LLC HAS SOLD AN AGGREGATE OF (8.000) COPIES OF THE RECORDINGS HEREUNDER IN ANY CONFIGURATION OR COMBINATION THEREOF THROUGH NORMAL RETAIL DISTRIBUTION CHANNELS (EXCLUSIVE OF THE PRODUCT PURCHASED BY ARTIST HEREUNDER) AND HAS RECEIVED PAYMENT THEREFOR, RPM Records LLC WILL, AT ARTIST ELECTION OFFER TO COMMISSION FOR TOUR SUPPORT 4.THIS AGREEMENT CONSTITUTES THE SOLE AND EXCLUSIVE AGREEMENT BETWEEN THE PARTIES.
5. We are interested in releasing some of your music worldwide to all major retail locations including (but not limited to) Amazon, CDNOW, CD Universe, Barnes and Noble, Borders, Circuit City,Sonic Net, Best Buy, Yahoo, Virgin Mega., Artist Direct, Waldenbooks,Target, HMV, Tower Records, FYE and other stores that purchase from The Orchard, LLC.. One-Stop THE TERM OF THIS AGREEMENT WILL COMMENCE ON ________________ AND TERMINATE ON 2-31-04.
STAY AWAY!!!
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