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Reply #30 posted 03/17/10 6:55pm

fenderbender

WOW!!!
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Reply #31 posted 03/18/10 2:55am

fishwillbite

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Nice interview, Prince skewing reality again into his own mould, albeit in a surpringly coherent and direct way.

I'm sure Warners would love to put out remasters, they'd make lots of money, but that requires co-operation from Prince. Can you see him sitting down with Warners to talk through his back catalogue?

Interesting list of best recent songs. The only one I agree with is What's My Name. Fantastic song!
PIPS! Eurgh...
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Reply #32 posted 03/18/10 4:30am

fenderbender

fishwillbite said:

Nice interview, Prince skewing reality again into his own mould, albeit in a surpringly coherent and direct way.

I'm sure Warners would love to put out remasters, they'd make lots of money, but that requires co-operation from Prince. Can you see him sitting down with Warners to talk through his back catalogue?

Interesting list of best recent songs. The only one I agree with is What's My Name. Fantastic song!


Remember, Prince (among many artist) at one time, was very loyal to WB. He and Larry Graham both wrote songs about themselves and WB making great music together (interesting irony, huh)!! They expected the business relationship to last but it didn't and seems charged with emotion when addressed! Many here would probably feel the same if placed in that position.
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Reply #33 posted 03/18/10 5:01am

fishwillbite

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fenderbender said:

fishwillbite said:

Nice interview, Prince skewing reality again into his own mould, albeit in a surpringly coherent and direct way.

I'm sure Warners would love to put out remasters, they'd make lots of money, but that requires co-operation from Prince. Can you see him sitting down with Warners to talk through his back catalogue?

Interesting list of best recent songs. The only one I agree with is What's My Name. Fantastic song!


Remember, Prince (among many artist) at one time, was very loyal to WB. He and Larry Graham both wrote songs about themselves and WB making great music together (interesting irony, huh)!! They expected the business relationship to last but it didn't and seems charged with emotion when addressed! Many here would probably feel the same if placed in that position.


I absolutely agree, I would feel very hurt if I was Prince. It's really tough for a relationship to change out of your control. But for Prince to accuse Warners of holding out on the master tapes seems a little obtuse, doesn't it? I'm sure Warners would definitely like to discuss the back catalogue, but for Prince it's an emotional issue that he's never going to readdress. Kudos to him for keeping his artistic and emotional dignity, I have a lot of respect for that - sad for the rest of us that his legacy will not be as well cared for as we would hope.
PIPS! Eurgh...
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Reply #34 posted 03/18/10 6:28am

sacrifice

squirrelgrease said:

January 15, 2009 9:41 AM
Vault interview of the day: Prince

Digging in the vaults again, here's a sit-down with Prince during the Musicology tour. Hard to believe he hasn't been back here in five years.

PRINCE'S NEW POWER PARTY OVER? ROCK STAR SHOWS INDUSTRY HOW IT'S DONE

Date: Saturday, August 21, 2004

Source: By Mark Brown, Rocky Mountain News

MILWAUKEE

The lazy take on Prince in recent years was that his best days were behind him.

His sales were down, the media said. His music wasn't as good as it used to be. His behavior was erratic - the name changes, the record company wars. Game over.

He turned his back on opportunities other performers would sell their souls for. The term "difficult" got slapped on him. Still more jeers from the sidelines.

But the truth is more interesting than the fiction. The man who once was one of the biggest rock stars in the world saw years ago that the music industry couldn't keep doing business the way it had, so he went directly to his fans online.

And halfway through the most successful tour of 2004, in a summer when almost every other tour is tanking, Prince's concerts are a virtual coast-to-coast sellout, breaking records in major cities. One Pepsi Center show next week is sold out, and the other is close to it.

His new Musicology album is great and near the top of the charts. All the hot young artists in 2004, from Alicia Keyes to Outkast, bow to him. And it has finally dawned on the record industry that selling music online is the future.

It turns out Prince made the moves everyone else wishes they'd made. While the music industry flounders, Prince flourishes. Does he ever just want to say "I told you so?"

"No!" Prince says, shaking his head firmly, but smiling slightly during a rare interview before a recent concert here. To hear him tell it, no vision was needed, anyway.

"It's almost like hearing a weather report and knowing it's going to rain. You can tell people and they either believe you or not."

Rather, Prince says, he's disappointed the industry didn't come along for the ride sooner. His label, Warner Bros. Records, had put great faith in him early in his career, but wavered as the years went on. "It just means they weren't enlightened enough or had the same faith that I had. If you love somebody, you should always love them."

The multitalented performer knew when he started this fight - when he went after Warner to gain control of the music that had made hundreds of millions of dollars - that it would be a long road.

"You're just worried how you're going to get out of this and not look like exactly what I eventually ended up looking like - this spoiled, pampered baby," Prince says.

But the need to keep his music pure - and Warner's refusal to release it - left him with no choice. "Before I left Warner Bros., I had a big and successful career in all areas. If they wanna run (a single) up the chart, they'll do it."

He couldn't play that game anymore. "I grew up when albums came out every three or four months. I wanted to make a lot of music."

And he wanted ownership of the copyrights, but the label balked. "Whoever created it is the owner. Is that even a question?" he says incredulously.

But now, backstage in Milwaukee, he smiles and chats happily about his life and music. "I'm not bitter or mad. You've gotta tip your hat" to the music industry, he says, sarcastically, for making so much money off artists' sweat for so many years. "It worked great for them."

The man behind the myth

Prince talks in passionate italics and exclamation points, enthused with music and society, far removed from the man of few words you often see in TV interviews, but every bit as intense.

Before the interview he ran an hourlong sound check, personally tweaking the sound on every microphone onstage, including those deep in the saxes of Maceo Parker and Candy Dulfer.

They worked through I Feel For You, Controversy and more Prince classics as he directed sound changes via wireless mike from all over the venue, calling out the changes in precise decibel levels. Much is made of Prince's perfectionism, but it has its purpose. The sound at the beginning of the check was as good as any concert; by the time he finished, it was like sitting in front of an upscale stereo system.

Fans know that 2004 is anything but a comeback. For years Prince has been productive, more musically accessible than ever, and making more money than ever. He tours regularly and records constantly. He divides his music between pressed CDs (the jazzy NEWS and the latest return to form, Musicology) and online-only discs (The Slaughterhouse and a new classic, Chocolate Invasion). Much of that music is as strong as his best-known work, such as Purple Rain and 1999.

So while it's not a comeback, Prince has chosen 2004 to be more visible. He has undertaken his most extensive tour in years and grabbed high-profile opportunities he has shunned in the past, including agreeing to open the Grammy Awards after years of requests. He is also sitting for more interviews, including this one. He insists, though, that much of it is out of his control.

"You can't take anything away from the media. They pick and choose what they want to focus on," he says. "We're given pre-packaged pop stars every day. They control who's on heavy rotation."

Yet, he notes with satisfaction, "the album's in the top 10."

Yes it is, in part because of the controversial way Prince is getting it out - every concert-goer gets a copy of Musicology added to the price of their ticket. That has pushed sales to 1.3 million so far, and Prince makes no apology for it. It gets the music out there without the usual record-company nonsense, and concert-goers for the most part have been thrilled with getting something tangible to take home. It also has stirred debate in the record industry and media.

Billboard and Soundscan have revised their policies to disallow such a tactic, but Musicology is "grandfathered" in and each copy still counts. The album returned to the top 10 again this week.

Prince likes the controversy.

"There's something a little different now that they have to pay attention to - this bundling situation," says Prince, who remains indifferent to criticism that it's artificially inflating his figures. To him, all that matters is getting heard.

"I know it's getting to people."

Battling for musical freedom

Prince has been a prolific songwriter, with more than 30 albums in his 26-year career. Does he ever just put down the guitar for days or weeks on end?

"I hear music still, but I spend long periods when I don't actually play it." Inspiration comes, but he just retains it. "I was hearing a song today in my head. I'll be messing with that later."

It's not just his own music that entrances him. For years he has sung Joni Mitchell's A Case of You; last year, he finally released a version on a limited edition of his live album One Night Alone - Live!

People ask: "How did Prince get like this? What's his history?" he says. Besides his obvious funk, soul and rock influences, he figures they should know the more subtle stuff.

"I love all Joni's music," he says, adding that he does her songs "just to keep her name out there. Joni's music should be taught in school, if just from a literature standpoint."

The same goes for James Brown, Earth Wind & Fire, and Sly Stone. "Take Sly out of time! Bring him back like he's brand new."

He laughs a lot these days, but knows he has a serious image when it comes to his music.

"My life got real serious there for a second - getting out of the record industry. You have to realize that I was told I couldn't leave. Excuse me? What did you say? With the mergers and revolving door of executives, it was like musical chairs or something."

The fight with Warner (which eventually allowed Prince to leave the label, but he had to leave his classic albums behind) took on guerrilla tactics. Prince famously wrote "slave" on his face and changed his name to a symbol as a protest. He took other tacks as well.

When Warner balked at releasing The Gold Experience in 1995, Prince had his independent publicity firm send the video for the first single, Dolphin, to the press, ensuring that the song would be written about and that the music would leak. Warner caved and the album was released as Prince intended.

Musicology is being distributed by Sony Music, but under a vastly different agreement than he had with Warner. It's a one-off deal with Prince's NPG Records; Sony only distributes it. And Prince pockets $7 for every $10 disc sold.

"I'm the content provider, I don't feel any pressure from them. They don't have any power over me," says Prince, who has learned a lot from his contract battles.

"Going through 10 years of struggle makes my meetings now with the executives a breeze. They know straight in they're not owning anything. That's not even a question," he says gleefully.

Do other artists come to him for advice? Yes, Prince allows, "but what's more interesting is when the executives come to me for advice."

So what does he tell them? "You get the artist you deserve," he says.

To fix things? "Start from scratch. You like music, right? Me too. Remember when there were these hippies running the business?"

It's time, he tells executives, to get back to that. "You're gonna have more fun. You're gonna make a lot more money."

"We have more record companies and look at their (failure) rates. They're trying to make more and more money. We gotta maybe get back to making some good music."

What infuriates him is watching the industry prey on rappers, bleeding them dry the way they bled bluesmen decades ago, then discarding them. New artists are encouraged to be more outrageous than what came before, to shock for the purpose of making a quick money score.

"They're taking our kids out of our community and doing it to them. You disenfranchise part of the nation," he says. "That's the sad part. What can you say other than arrogance and greed? That's what you school people on."

The issues of Prince

Prince always has commented on social issues. On Musicology, the song Dear Mr. Man doesn't mention anyone by name, but pointedly lays out problems in our nation. On July Fourth, he released The United States of Division via his Web site. It opens: "2004 / still at war / and everybody hates Americans."

"Look at the reality and the truth," Prince says. "They're our supposed 'elected' officials who are supposed to take care of us. Some people are benefiting, and some aren't."

The top 10 percent of the population controls most of the wealth in this country, Prince notes, "and it's not a rainbow coalition. Don't get me started on that."

But start he does. "What is democracy? What does that word mean?" he says with exasperation. He's also dismissive of those who won't speak up for fear of retribution. "Don't dare say anything about it or you're going to get your CDs smashed. What's so scary about that?"

Likewise, a thread of spirituality has always run through his work, be it subtle (Let's Go Crazy, Same December) or more overt (God, The Holy River).

"As you get older, you start to look at it. It's not even the age-old cliche of 'Why are we here?' There's right and wrong. And then there's the lie, an illusion so powerful people literally live in a collective hallucination. They see walls that aren't there," he says. "Sooner or later we have to . . . say 'When did we fall off track here? How are we going to fix this thing?"

His much-discussed path as a Jehovah's Witness has gotten too much sensationalized coverage, he says; he's interested in spirituality and answers, not strange ceremonies or theories. "I'm very practical. You go Trekkie on me, I gotta go."

Prince has made a tentative peace with Warner Bros.; there are rumors of a special edition of Purple Rain in the works. That may be merely wishful thinking; the new DVD of Purple Rain comes out Tuesday with no Prince involvement and thus no substantial upgrade.

An overhaul of his catalog is needed. Warner slapped substandard copies of his music onto CD years ago and has never upgraded them. Prince's best album, 1987's Sign O' the Times, sounds absolutely awful, with fluctuating volume levels and passable but muddy sound. Prince leaps to his feet in agreement when these issues are mentioned.

"Tell them that! We need to bring it up to the industry standard!"

He'd love to see remastered and expanded versions of his work and surround-sound versions of his classics, but with the master tapes in Warner's hands, he can't make that happen. "I can go re-record it and put it out - but should I have to?"

As well as looking forward, Prince has spent time looking back. The live show features his hits. Scattered through gigs this year - live and on TV - have been appearances with Prince alumni: Morris Day of the Time, drummer Sheila E, and most strikingly, an acoustic performance on TV with Wendy Melvoin of his most revered backing band, The Revolution.

When asked about that reunion with Melvoin, Prince grows wistful.

"She plays acoustic guitar with me better than almost anyone," he says quietly. "The opportunity came up and her name was the first to come to mind. I'm looking for things to juice me, too."

By the numbers

* 666,666: The number of CDs Prince had to sell under his old record deal to make $1 million.

* 142,857: The number of CDs Prince has to sell now, on his own, to make $1 million

* 13 million: The number of Purple Rain CDs sold since 1984

* $19.5 million: The money Prince made off those Purple Rain sales

* 1.3 million: The number of Musicology CDs sold this year

* $9.1 million: The money Prince made off those Musicology sales

* 30: Roughly, the number of studio albums Prince has released in 26 years.

* 24,800: The average number of people who see Prince in each city

* $1.5 million: The average concert gross in each city

* $63.26: Prince's average ticket price

* $143.60: Madonna's average ticket price

* $79.5 million: Madonna's tour gross

* $45.7 million: Prince's tour gross through June 30

* $100 million: Prince's expected gross at tour's end

Sources: Pollstar, Www.Riaa.Com, Sony Music, Www.Npgmusicclub.Com

Lack of airplay means a generation misses great music

Prince's newer music hasn't gotten the airplay it deserves.

Even though he took control of his musical life when he parted ways with his major record label deal, and even though he has done work as good as his biggest hits, much of it gets passed over by the mainstream.

Is being overlooked the downside of independence?

"Who overlooked it? You gotta sit in the creator's seat," Prince says defiantly, suggesting nothing is overlooked there.

Despite that, radio, video and the general public have, unfortunately, not had easy access to what easily ranks among Prince's best work. He may not much care, but we do. From the past decade, here are the 10 best Prince songs you may have never heard.

* THE HOLY RIVER

From 1996's Emancipation, it's one of Prince's most personal songs. The Holy River builds from a piano ballad to a rock rave-up, chronicling his disillusionment with fame and wealth ("putting your faith in things that only make you cry . . . the more they say they love you, the more you just wanna die").

But it's hardly rock-star moping. It has a gorgeous melody, self-deprecating lyrics, and a confessional story of spiritual redemption ("lookin' back, y'all, I don't miss nothin' except the time"). Just to prove his point, Prince finishes it off with a joyous guitar solo. One of his top five songs.

* DON'T TALK TO STRANGERS

From the 1996 soundtrack to the ill-fated Spike Lee movie Girl 6, this is an aching piano ballad as Prince says a forced goodbye to a child and urges them to have faith that somehow it's all going to be OK someday. A low-key tear-jerker.

* JUDAS SMILE

From the recent download-only album Chocolate Invasion, this funk-fueled morality tale was also reportedly intended for a Spike Lee movie, Bamboozled. It's a warning to not lose yourself and look for truth, warning "for every soul, there's a buyer."

* CALHOUN SQUARE

The 1998 Crystal Ball track has a loose tone set by the studio chatter that introduces the track, as Prince advises a musician: "You're listening to the drummer, but you still wanna have fun. It shouldn't be work." Languid, funky bass and guitar lines turn into a roaring guitar rock chorus, a melange of everything Prince does best.

* WHAT'S MY NAME

Another gem on the four-CD Crystal Ball set, this is three angry minutes of muttered vocals and despair. "Take my fame / I can't use it / My girlfriend calls me lame / The game was over yesterday." The popping bass funk disintegrates into swirling, scratching chaos, sounding unlike anything else Prince has ever done.

* DOLPHIN

The rarely seen, filmed-in-one-take video from the 1995 album The Gold Experience is a revelation in itself, perhaps the most fun visual Prince has ever presented. Spurred by his business dispute with Warner Brothers, Dolphin is a song about standing your ground, laced with a soaring melody and stinging guitar solo. A tad overwrought, but fun.

* GOLD

Another classic from The Gold Experience finds Prince explaining to fans why he's fighting so hard for his art in a sweeping anthem reminiscent of his Purple Rain heyday. He also decries culture's obsession with money and youth: "What's the use of money if you ain't gonna break the mold? . . . What's the use in being young if you ain't gonna get old?"

* SAME DECEMBER

The best song off the overlooked 1996 Chaos and Disorder album, it's a mini-suite of styles with surging dynamics and the feel of an epic.

* A MILLION DAYS

A solemn ballad off the new Musicology album, it's full of loss and ache, underscored by a menacing electric guitar: "It has only been an hour since you left me / but it feels like a million days." It treads much the same ground as Prince's classic '84 B-side, 17 Days, but filled with more humility: "I didn't have the heart to say I'm sorry / Now I haven't got a heart at all."

* DEAR MR. MAN

Another Musicology track, one of the most political Prince has attempted since Sign O' the Times. "Ain't no sense in voting / Same soul with a different name / Might not be in the back of the bus / But it sure feels just the same."




Nice Read!!!
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Reply #35 posted 03/18/10 8:49am

zoetruluv

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eek i like.
...then he turned to me and said "I dare you".
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Reply #36 posted 03/18/10 8:58am

TheVoid

I find the notion that Warners is to blame for the fact that we haven't seen remasters to be a bit suspect to say the least.
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Reply #37 posted 03/18/10 11:20am

fenderbender

TheVoid said:

I find the notion that Warners is to blame for the fact that we haven't seen remasters to be a bit suspect to say the least.


Ask yourself, why wouldn't they jump at the chance to make more money (off of) with Prince?
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Reply #38 posted 03/18/10 11:35am

squirrelgrease

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TheVoid said:

I find the notion that Warners is to blame for the fact that we haven't seen remasters to be a bit suspect to say the least.


Absolutely. I read this interview when it came out and even then, I believed that Prince was just posturing.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #39 posted 03/18/10 11:41am

squirrelgrease

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fenderbender said:

TheVoid said:

I find the notion that Warners is to blame for the fact that we haven't seen remasters to be a bit suspect to say the least.


Ask yourself, why wouldn't they jump at the chance to make more money (off of) with Prince?


WB would as long as they don't lose money. Prince has to OK remasters. This would involve a CONtract with an entity that he has been at odds with for over a decade. There were recent rumors that negotiations were started over a year ago but a fair price could not be worked out between the two parties.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #40 posted 03/18/10 3:47pm

Tremolina

squirrelgrease said:

fenderbender said:



Ask yourself, why wouldn't they jump at the chance to make more money (off of) with Prince?


WB would as long as they don't lose money. Prince has to OK remasters. This would involve a CONtract with an entity that he has been at odds with for over a decade. There were recent rumors that negotiations were started over a year ago but a fair price could not be worked out between the two parties.

BOTH of them need to OK remasters actually. I guess it's not even so much about what happened, but that Prince will only do it when all ownership is transferred to him, which WB will never do, so they are locked. Not to mention the financial terms and the issue of other bandmembers.
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Reply #41 posted 03/18/10 4:00pm

squirrelgrease

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Tremolina said:

squirrelgrease said:



WB would as long as they don't lose money. Prince has to OK remasters. This would involve a CONtract with an entity that he has been at odds with for over a decade. There were recent rumors that negotiations were started over a year ago but a fair price could not be worked out between the two parties.


BOTH of them need to OK remasters actually. I guess it's not even so much about what happened, but that Prince will only do it when all ownership is transferred to him, which WB will never do, so they are locked. Not to mention the financial terms and the issue of other bandmembers.


lol I thought that was obvious since WB holds the reigns for 35 years per release (if that's indeed the actual contract or statutory limit).

But yeah, it stands to reason that Prince wants ownership before anything else - money, legacy and fanbase be damned.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #42 posted 03/18/10 4:05pm

Tremolina

fenderbender said:

Tremolina said:



Actually, I'm speaking about the principle too. He says it is wrong, but he engages in the same practice.


So He's not perfect and neither is the system (most of which was standard practice at that time) and everyone's using leverage and playing the game and thats a shame. None of that changes the point about true ownership of intellectual property residing with the creator of that content. However, point taken!!


I really do think that it's just fair to expect him practice what he preaches.

Also, I agree with you, in principle, that the copyright to a sound recording should belong to its creative maker or makers.

This is also what the law in the US says: the copyright in a sound recording is invested in its author(s), meaning the performing artists that recorded the song.

OR their employer, in case of the sound recording being a work for hire.

Or when they transferred their part in the copyright, to their record company.

Altho' Prince created many of his sound recordings all by himself, there are also quite a few that were recorded with band members or others.

By law, it doesn't matter so much in those cases, whether Prince created the main part of the sound recording; in principle all performing artists have a share in the copyright. Unless their contribution is a work for hire, or when they transferred their part of the copryight.

This is what Prince and his band members did with WB and what Prince later also did with his own band members and studio artists he worked with.

Whether you like that or not. When a contract is a contract and the law is the law, in this case that means, that WB owns pretty much the entire copyright in all the Prince sound recordings they released.

That is, at least for 35 years after releasing them. Then a new battle over ownership will ensue, because Prince will try to retain ownership, but WB won't have it. They will claim to have been his employer and that all his recordings were works for hire. And, if not as for his contributions, than at least as for the contributions of his band members, also signed to WB on a work for hire contract. They will probably also have some other contractual tricks up their sleeve too, to at least drag the case out in court for a long time, or they will buy out his former band members, ultimately forcing both parties to settle.

And then they will be back to where they started: at the negotiation table. And, hopefully, a lot wiser and more constructive than ever.

--
[Edited 3/18/10 16:44pm]
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Reply #43 posted 03/18/10 4:09pm

Tremolina

citrus said:

Tremolina said:



It is a question when you take millions in advances and let the label pay for all the prodcution, distribution and promotion.

It is also a question when you do the same thing with your own record label.


no amount of money given to him in 'advances' (clever little recording company word for "our investment") changes the obvious fact

creator of content = rightful owner of content

it's only a question for individuals too slippery and unethical to grasp the obvious.

with whom has Prince engaged in the same practices on his own record label?

were any of those artists self-produced, in the same position as he was with Warners?



Well, I can't give you the links, but I can assure you many knowledgable orgers can confirm you the many stories on how prince treated band members and other artists he has worked with.
As for ownership, you can check out the US copyright office where you will find that for all NPG record releases NPG records (Prince) is registered as "employer for hire". This indicates that Prince uses the same (standard) contract and ownership practices as any record company.

And this is understandable! From a record companies point of view that is, but not so much from an artist point of view. Yet Prince is both.

See for the rest my reply to fenderbender


--
[Edited 3/18/10 16:15pm]
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Reply #44 posted 03/18/10 4:14pm

squirrelgrease

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Tremolina said:

fenderbender said:



So He's not perfect and neither is the system (most of which was standard practice at that time) and everyone's using leverage and playing the game and thats a shame. None of that changes the point about true ownership of intellectual property residing with the creator of that content. However, point taken!!


I really do think that it's just fair to expect him practice what he preaches.

Also, I agree with you, in principle, that the copyright to a sound recording should belong to its creative maker or makers.

This is also what the law in the US says: the copyright in a sound recording is invested in its author(s), meaning the performing artists that recorded the song.

OR their employer, when the sound recording is a work for hire.

Or when they transferred their copyright.

Altho' Prince created many of his sound recordings all by himself, there are also quite a few that were recorded with band members or others.

According to the law, it doesn't matter so much in those cases, whether Prince created the main part of the sound recording; in principle all performing artists have a share in the copyright. Unless they made a work for hire, or when they transferred their part of the copryight.

This is what Prince and his band members did with WB and what Prince later also did with his own band members and studio artists he worked with.

Whether you like that or not, that's what they did. When a contract is a contract and the law is a law, in this case that means, that WB owns pretty much the entire copyright in all the Prince sound recordings they released.

That is, at least for 35 years after releasing them. Then a new battle over ownership will ensue, because Prince will try to retain ownership, but WB won't have it. They will claim to have been his employer and that all his recordings were works for hire. And, if not as for his contributions than at least as for the contributions of his band members, also signed to WB on a work for hire contract. They will probably also have some other contractual tricks up their sleeve to at least drag the case out in court for a long time, ultimately forcing both parties to settle.

And then they will be back to where they started: at the negotiation table. And, hopefully, a lot wiser and more constructive than ever.


Very interesting.
If prince.org were to be made idiot proof, someone would just invent a better idiot.
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Reply #45 posted 03/18/10 4:21pm

Tremolina

squirrelgrease said:

Tremolina said:



I really do think that it's just fair to expect him practice what he preaches.

Also, I agree with you, in principle, that the copyright to a sound recording should belong to its creative maker or makers.

This is also what the law in the US says: the copyright in a sound recording is invested in its author(s), meaning the performing artists that recorded the song.

OR their employer, when the sound recording is a work for hire.

Or when they transferred their copyright.

Altho' Prince created many of his sound recordings all by himself, there are also quite a few that were recorded with band members or others.

According to the law, it doesn't matter so much in those cases, whether Prince created the main part of the sound recording; in principle all performing artists have a share in the copyright. Unless they made a work for hire, or when they transferred their part of the copryight.

This is what Prince and his band members did with WB and what Prince later also did with his own band members and studio artists he worked with.

Whether you like that or not, that's what they did. When a contract is a contract and the law is a law, in this case that means, that WB owns pretty much the entire copyright in all the Prince sound recordings they released.

That is, at least for 35 years after releasing them. Then a new battle over ownership will ensue, because Prince will try to retain ownership, but WB won't have it. They will claim to have been his employer and that all his recordings were works for hire. And, if not as for his contributions than at least as for the contributions of his band members, also signed to WB on a work for hire contract. They will probably also have some other contractual tricks up their sleeve to at least drag the case out in court for a long time, ultimately forcing both parties to settle.

And then they will be back to where they started: at the negotiation table. And, hopefully, a lot wiser and more constructive than ever.


Very interesting.



Yes it is. Altho'I haven't seen any of their contracts, based on what I do know, I will bet 77$ that his whole thing will become an enormous legal mess and that his former band members are going to play an important role in solving that. Not in the beginning with For You and Prince, because he did those all by himself, but there is a pretty big chance I think, that there will be a war over 1999 and Purple Rain. After that, the situation changes a bit because Paisley Park then gets in to the picture.

For copyright lawyers this will be an extremely interesting case to follow also, because it will be one of the first cases to test the 1978 law, that grants authors the right to retain back ownership 35 years after transfer.

But I will bet another $77 that they will ultimately settle out of court. lol

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[Edited 3/18/10 16:55pm]
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Reply #46 posted 03/18/10 4:35pm

SquirrelMeat

avatar

Love the interview, but Prince is a walking contradiction.

So if he gets back the masters to the Revolution records, will he share the ownership with the contributors? Or were they HIS artists for hire?

He can't have it both ways.
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Reply #47 posted 03/18/10 4:39pm

Tremolina

squirrelgrease said:

Tremolina said:



BOTH of them need to OK remasters actually. I guess it's not even so much about what happened, but that Prince will only do it when all ownership is transferred to him, which WB will never do, so they are locked. Not to mention the financial terms and the issue of other bandmembers.


lol I thought that was obvious since WB holds the reigns for 35 years per release (if that's indeed the actual contract or statutory limit).

But yeah, it stands to reason that Prince wants ownership before anything else - money, legacy and fanbase be damned.


Sorry, but I just pointed it out because you only said Prince has to OK remasters. lol

It's a MESS I am telling ya. I wouldn't believe one word of it if Prince would say he can't stop remasters. Granted, he isn't really saying that in that interview but it sure seems like he is hinting on WB simply refusing that. But, then the case would be that WB would simply not release remasters just to shit on Prince. Which doesn't make sense since it could make them money and it's been more than 10 years by now. No, Prince does have the power to stop remasters, I believe, because that is a right that he (nor his band members for that matter) ever transferred to WB. So they are not going to take the chance to release them without his permission and get slapped with a gigantic law suit. They probably do not even have the original master tapes either.

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[Edited 3/18/10 16:48pm]
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Reply #48 posted 03/18/10 4:40pm

Tremolina

SquirrelMeat said:

Love the interview, but Prince is a walking contradiction.

So if he gets back the masters to the Revolution records, will he share the ownership with the contributors? Or were they HIS artists for hire?

He can't have it both ways.



He will probably claim that tho'. lol
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Reply #49 posted 03/18/10 5:13pm

citrus

Tremolina said:

citrus said:



no amount of money given to him in 'advances' (clever little recording company word for "our investment") changes the obvious fact

creator of content = rightful owner of content

it's only a question for individuals too slippery and unethical to grasp the obvious.

with whom has Prince engaged in the same practices on his own record label?

were any of those artists self-produced, in the same position as he was with Warners?



Well, I can't give you the links, but I can assure you many knowledgable orgers can confirm you the many stories on how prince treated band members and other artists he has worked with.


As for ownership, you can check out the US copyright office where you will find that for all NPG record releases NPG records (Prince) is registered as "employer for hire". This indicates that Prince uses the same (standard) contract and ownership practices as any record company.

And this is understandable! From a record companies point of view that is, but not so much from an artist point of view. Yet Prince is both.

See for the rest my reply to fenderbender


sorry, i can't really give much credence to heresay

"work for hire" is when someone rocks up to the studio and gets paid a set fee for their time

they either play/sing what they're told, or they contribute their creative abilities

this is an entirely different thing to Prince's situation with WB.

please can you name at least ONE artist Prince has signed to NPG records where they were in the SAME situation as Prince was with WARNER BROTHERS.

thanks

peace
2039 all treasures retrieved
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Reply #50 posted 03/19/10 9:36am

Tremolina

citrus said:

sorry, i can't really give much credence to heresay

It's not just hearsay.


"work for hire" is when someone rocks up to the studio and gets paid a set fee for their time


No, it's not.


they either play/sing what they're told, or they contribute their creative abilities

this is an entirely different thing to Prince's situation with WB.

please can you name at least ONE artist Prince has signed to NPG records where they were in the SAME situation as Prince was with WARNER BROTHERS.


What does it matter? Do you believe that ONLY Prince should have a say over his recordings and other artists not?

According to the law it doesn't matter whether a recording artist is in the same situation as Prince was with WB. They ALL have a share in the copyright when they created a sound recording together. They ALL own it.

Why do you apply different standards for Prince?


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[Edited 3/19/10 9:38am]
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