Temporary Blogging

Corruption in the music industry has been widespread since it started, from Elvis gaining fame off of Black artists’ work to the abusive conservatorship Britney Spears was placed in. But the contracts and deals that are made behind closed doors, made by entertainment lawyers that aim to squeeze as much money from up-and-coming artists as possible, are not as known publicly. There is little spectacle to legal jargon, unless it gets taken to court.

Beyonce’s newest album, Renaissance, was released on July 29, 2022 to critical acclaim. It has received nine nominations at the 65th Annual Grammy Awards and was named album of the year by multiple outlets. It was lauded for its production and sampling of various songs. One of those songs was “Milkshake” by Kelis, a Grammy nominated hit song that peaked at number 3 on the US Billboard Hot 100 chart in 2003. It was written and produced by the Neptunes, a duo composed of Pharrell Williams and Chad Hugo. It was sampled in the song “Energy”. 

This sample caused Kelis to speak out about not being credited on “Milkshake” and it being used in “Energy” without notifying her. In an Instagram video talking about the sample, she said “Why? Because no one had the human decency to call and go, ‘Hey, we’d like to use your record.’ The reason I’m annoyed is because I know it was on purpose.” 

After the initial outrage, the sample was removed from “Energy”. But this was not the first time she has spoken out about the Neptunes. In a 2020 Guardian interview, she discussed how the contract she made with them did not give her publishing rights to her first two albums and she only made money from touring. Kelis stated:

 “Their argument is: ‘Well, you signed it.’ I’m like: ‘Yeah, I signed what I was told, and I was too young and too stupid to double-check it.’”

Kelis was not the first and will not be the last artist to have her music stolen and used without permission. In 2016, Wiz Khalifa sued to terminate the 360 deal he signed in 2005. His manager Benjy Grinberg sued him, seeking unpaid royalties and earnings. Both of these lawsuits were dismissed.

A 360 deal is a contract between a label and artist that states that the label takes a percentage of all revenue the artist earns including from merchandise and performances. In exchange the artist is given managers, marketing, tours, and other assets for the start of their career. The problem arises when the label exerts more control over the artist, forcing them to perform and produce more music, and of course when the label takes more than their fair share. The 360 deal is sometimes referred to as a “slave” deal. 

Indie artist Mac DeMarco in an interview with Billboard cautioned against 360 deals:

“Do not sign a 360 deal. I don’t care how much money they’re offering you, don’t [take it]. It’s an awful, awful idea. It’s a long time, a really long time. And they own your image. They take money from your merch on tour — nobody should touch that. I didn’t know that some bands don’t own their merch, which to me is like — straight up, you’re being robbed. You can make money selling merch at shows, so it’s good if you own it. Thumbs up, bonus for you. Do not give anybody that merch money, or your show money. They’re not on the stage, and they’re probably not even in the city [you’re playing]. Forget about it.”

Contracts, including ones like a 360 deal, can involve not having ownership to your masters. Owning a master recording means you own the copyright to your own music and can profit off the revenue it gains, from streaming to physical purchases. Many are familiar with Taylor Swift’s fight to own her masters after Scooter Braun purchased Big Machine Records and then sold her masters to Disney’s investment firm Shamrock Holdings. This resulted in her deciding to re-record her first six albums. So far, Fearless (Taylor’s Version) and Red (Taylor’s Version). She gained a lot of support during this time, especially her fans who solely streamed the Taylor’s Version of those albums. 

As new artists are on the rise, it is important to realize the mass exploitation of their art and the way labels are eager to consume it for all it’s worth. The legal jargon and tactics used by record labels to sway and bully rising artists out of their worth is abhorrent, and hopefully with more awareness, will be an outdated practice.