We all know them, the numerous and often highly popular talent shows on TV. On most shows singers have a competition on who is the new, next, hot, biggest star out there. The winner is promised a record deal and the chance to "make it".

"I can't wait to work with you!" and "We are going to make you famous!" are some of the oneliners you can regularly hear the jury members cry out to the participants, whenever they really enjoyed somebody's performance.

In Holland, so far we have had X Factor, Popstars, Holland's Got Talent and The Voice of Holland that have drawn many viewers and that have delivered several, new performers to the music industry.

The Netherlands of course isn't the ultimate place to really "make it" internationally and become some kind of superstar, but these shows are popular all around the world and - seemingly - this a great way, and also just about the only way these days, to make yourself known to a large audience as a new performer and to have a chance to a great and prosperous musical carreer.

However, according to FNV KIEM, which is the biggest union for the arts, information and media industries in the Netherlands, signing up for any one of these talent shows, is a sure fire way to have your carreer nuked, before it has even started.

The contracts that the artists have to sign are confidential and hard to understand, even for lawyers, but NRC Handelsblad, a Dutch newspaper that is comparable to the Washington Post or the NY Times in the US, got its hands on them, interviewed FNV KIEM and a copyright laywer and then published a very interesting article on this issue last week.

Now I know FNV KIEM because I used to work with them, as well as with companies in the TV and music business, and I can assure any of you who are interested, that this is no nonsense.

What are some of the unfair things that the contracts say?

1 - Any and all rights that you CAN transfer as an artist ARE transferred to the producer of the show. In other words you own absolutely nothing, nada, nichts, zilch, while the producer owns everything. Did you write your own song? It's not yours anymore. Do you want to "own your masters" or control the footage they shot of you? Forget about it. Think your stagename is yours and you can trademark it? No way. Anything that can be considered "intellectual property" does not belong to you.

2 - Further, the producer of the talent show has the right to make public, by whatever means, all the footage and sound recordings it has made of you, for whatever purpose, for all eternity and for the entire universe. This right includes not just the right to use footage and recordings of the artist itself, but also images made of the artist with friends and family. The images and the sounds may also be edited, synchronised and sold by the producer. That is why it's possible that an artist's voice is used in a commercial or a picture of the artist to sell merchandise, without their express consent for that particular commercial or merchandise, and without them making money of it. Even when you are a hardcore vegetarian, your voice could still be used for free in a commercial that sells sausages.

3 - Next, the contract is an "exclusive agreement" carrying options for record companies to release a single or album of your work. Sounds fancy, but it isn't when you are the artist. If and when you are found to have the talent, it's only the producer of the talent show, not you, that decides which record company you are going to record for. Exclusively. By signing up for the talent show, the artists agrees that he will enter into a contract with a record company of the producer's choice, on "standard, exclusive industry terms and conditions". These conditions are only revealed to the artist, once he has made it to the final live shows, which is code for: we are not telling you now, but if you become big, we will own you and all your music, while you will own nothing and will have nothing to say.

4 - Last: Confidentiality. If you dare to share the details of your agreement with any third parties then you have to pay the producer a fine that could amount to tens of thousands of euros.

In practice, when you so-called "make it", this translates to record company big wigs and A&R managers telling you how your album is going to sound and look like, telling you what songs will be on it and which will not, telling you that you are obligated to finish it on time and within the budget, telling you that you will not make a dime of it untill YOU have recouped ALL the costs THEY made with a royalty that will never be enough, telling you that you still "owe" them 4 or 5 or 6 more albums and that you can never go and record for anybody else, as well as telling you that if you don't like all that, that you need to to shut up, or pay up, because they have dozens of other "talents" waiting in line behind you who would love to take your place.

Some shows, like The Voice of Holland already mention the future record company in their contract; Sony BMG, one of the world's largest media conglomerates that conducts warm business relations with 8ball Music, which is a Talpa Music label, which company is part of Talpa Inc., which is a media concern owned by the richest and most powerfull media tycoon of The Netherlands, John de Mol.

These companies get the first and exclusive option to release a single, or an album, for a period of 3 to 6 months. If they feel like it, but if they don't, they are not obligated to do anything. And they also have all kinds of extra conditions based on which, for example 8ball Music, can extend its option. This way, before you know it, you could have 8ball Music on your back for a period of 5 years. Even when you end in last place.

The best thing for the record company? In one blow it rakes in hundreds of participants whose carreers it is able to exploit and control for a long time and to a very large extent, WITHOUT them being obligated to do anything with them. The losing finalist's current manager of last years Popstars, Kim Stolker, put it like this: "Kim was standing still. She couldn't do anything untill the contract was finished. It was all about the winner. Only few times she was asked to come and show up as a little extra. When the contract has finally finished, you will never be able to catch up with the time that you've lost."

So why do the participants sign anyway? Because they are offered a chance that could, maybe, possibly, probably, be their only chance on a succesful carreer. Also, often, the participants are asked to sign en masse quickly before a show. Nobody explains them anything, nor does any of the artists ask anything let alone refuses. Everybody just signs and not a single lawyer is present.

As one 'talent' put it: "They did make sure that I got my face on TV. How else would I have been able to get a record deal?"

sources: NRC Handelsblad January 21 edition and my own experience

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[Edited 1/27/11 14:41pm]

I posted this, because despite of all the clear signs that it needs to change, it makes clear that the music business still hasn't changed its ways. I used to deal with them and musicians regularly some time ago, but working for musicans and trying to protect their interest was one of the most frustrating jobs I have ever done.

I quit because I realised that that no matter what you try and do, it will always be the same: artists sign whatever because they are scared shitless they will lose their chance "to make it" (read: become a whore) or get cast out. I then worked on the "other side" and found out it was easier to do, but not any more fun.

These days with record stores selling DVD's and computer games instead of music and recording artists and record companies still being the only industry blaming the consumer for its own demise, I am slowly but surely concluding that it's a good thing that the internet is here.

Tremolina said:

I posted this, because despite of all the clear signs that it needs to change, it makes clear that the music business still hasn't changed its ways. I used to deal with them and musicians regularly some time ago, but working for musicans and trying to protect their interest was one of the most frustrating jobs I have ever done.

I quit because I realised that that no matter what you try and do, it will always be the same: artists sign whatever because they are scared shitless they will lose their chance "to make it" (read: become a whore) or get cast out. I then worked on the "other side" and found out it was easier to do, but not any more fun.

These days with record stores selling DVD's and computer games instead of music and recording artists and record companies still being the only industry blaming the consumer for its own demise, I am slowly but surely concluding that it's a good thing that the internet is here.

I came to that conclusion a long time ago.

Well, it's not a good thing in itself when an entire industry crashes, especially not when it concerns something precious as music. I hate to see that happening.

However music isn't anything really precious these days anymore. It's produced, sold and treated as a commercial commodity for multinational companies to make a profit with. Most "artists" that "made it" have little to no talent and only remain in it for the money and fame.

Which these days lasts maybe a year or so. If you are lucky.

Coupled to its bad business practices that I knew would never changed but still had some hope left alive for, it's not bad that all this is threatened by the internet.

Buit they are STILL not changing