Entertainment Contracts In The Music Industry
Abstract
In the music industry, it’s often difficult for a hopeful individual to find success. However, even after they have found themselves in the industry, the issues with being creative in creating and producing, and not having a self-regulating life becomes overwhelming. Examples of such issues can be contracts that can be found unfair to the artists signing under a company, funding workers in the entertainment businesses and artists, and debates about original versus plagiarized music. An artist can struggle with tough training and demanding guidelines that keep them from living normal lives. They can go through issues such as not having enough pay or having to face lawsuits if they find themselves breaking contracts or leaving the company before their time under the company is over. All of these issues come with the commitment of being a part of the music entertainment industry, simply because they placed their name on a contract.
Keywords: music, entertainment, industry, business, artist, idol, contracts, musicians
Music Entertainment Contracts
Before an artist or idol is employed by a company in the music entertainment business, they are selected through a collection of auditions based on the branch of entertainment they wish to go into. If they make it through, the contract will be handed across the table in a cliché moment. Despite this contract being the knot that ties the anticipative artist to their dream, the controversy about the injustice of these contracts can turn the rope into chains. These artists find themselves giving more than just their time and talent to promote their name.
Review of the Literature
The contracts in which the artist sign before training or promoting themselves are so in-depth that they not only promise to dedicate themselves to creating music and becoming the “next big thing”. The Rolling Stone is a well-known music and popular culture magazine that is a reliable source that is generally trustworthy. In an interview with the Rolling Stone in 2015, well-known American singer and songwriter Prince admitted that record contracts were “slavery” before warning young artists not to sign. Coming from an artist who once worked hard for years under multiple music companies, the mistreatment is clear, and has been seen from numerous artists and idols.
Are Trainees Treated Fairly Before Debuting?
Right after signing their contracts, the music amateurs are brought into the music companies and are labelled as trainees. “Trainee” is a term used in the music industry, referring to a person undergoing training before being released as a qualified artist. These trainees are educated in the roles that they are meant to take in the industry, such as vocal or rapping lessons, dance, or acting. But what else are they being taught and how is it being done? SM Entertainment is one of the most successful entertainment companies in South Korea pop, known for creating worldwide bands such as EXO, SHINee and BOA. They aren’t the only ones on top, followed by JYP Entertainment, YG Entertainment, Cube Entertainment and many more. These music companies produce such groups after training these so-called trainees. Though, the endless list of complaints against these music companies and other that haven’t been named open the debate about whether these contracts are fair to the trainees. A former SM trainee came forward August 2018 anonymously in an interview with Koreaboo to reveal the life of a trainee behind the company doors.
They admitted that vocal training was singing during vigorous exercise and being punished for not singing correctly. Schedules weighed down the trainees with studying languages and music, homework and practice. Coaches would punch their stomachs to develop muscles or place them underwater to practice holding their breath for around 5 minutes. She had complained about not being about to go to school or hang out with friends because it was against the contract, and was told to leave if she wanted to have a normal life. Another former trainee uploaded a video on YouTube, under the name Euodias, to explain how her contract left her without a choice on what she wanted to do with her career. She wanted to go into acting, but the company (not revealed in the video) stated her contracted never guaranteed that and tried to force her into becoming a singer. She watched other trainees forced into getting plastic surgery without consent and left before she could debut. Searching through YouTube and the internet, there are hundreds of videos and letters by former trainees who confess to the mistreatment of contracts and why they had to give up their dreams. The treatment stopped only after the trainees left or refused to renew their contracts after it had ended.
Are the Artists Receiving a Fair Profit? In early 2017, indie musician Lee Lang went viral for selling her trophy shortly after winning it in the Korean Music Awards (Korean Exposé). Before she sold it, she claimed her income in the month of January 2017 had been about $370 and $840 in February, and sadly admitted “making a living as an artist is hard” before selling it for about $442 to a man in the audience. Despite her acceptance speech being taken as humorous, it brought light to the unfairness of pay that musicians are given throughout their promotion. Lee Lang was not the only musician who revealed their earnings to the public. The drummer of the indie band Another Day, Kim Hyeongseob, shared that before performances, the group was offered around $300 but was told after the event that they had not performed as good as the other bands. “This basically translated into ‘no pay,’” stated the drummer (Korean Exposé). An anonymous former boy band member said their group had to perform for free on stages and were told they wouldn’t get paid until they hit fame, which went on for years (Korean Exposé).
The contracts that the majority of musician’s sign state that the companies are allowed to take around 20% of the artists original profit made per song, album, and show from the artist or group. The remaining amount is then distributed between the composers and songwriters (10%), the artists (6%), and then the company through the website and for producing more songs (64%). Do Companies Punish and File Lawsuits Against Artists Who Break Contracts? In August of 2015, former EXO Chinese member Huang Zi Tao, stage name Tao, formally filed a lawsuit against SM Entertainment to break the contract he had signed after leaving before his contract ended (Soompi). SM Entertainment had responded with a lawsuit against Tao for his “illegal activities” because of his actions outside of the company when his contract was never over. After two years of dispute, Tao lost the lawsuit against SM. Tao became the third former EXO member to lose the lawsuit against SM, along with Lu Han and Wu Kris Yifan. The contracts that they had signed stated they couldn’t leave SM until their 8 years of being under the company was over, leaving the three idols without much favor. Majority of entertainment companies prefer their artists to focus on their careers, which leads to the company prohibiting relationships between artists or outside the company.
However, if an artist breaks this rule before their contract ends or before the no-relationship term ends, they can find themselves in trouble. Cube Entertainment was recently placed under the spotlight for firing two idols that admitted to dating before the one of their contracts allowed it in the month of August 2018. Singers Hyuna and E’Dawn from boy group Pentagon publicly declared to having a relationship for two-years on their social account Instagram. Not only was the public shocked, but also their company, Cube, who was displeased and stated the trust between the singers and the company was broken (Billboard).
Directly after this, Cube shut down Triple H promotions, a trio that included not only the couple, but also fellow Pentagon member, Hui. Weeks later, Cube removed E’Dawn “temporally” from Pentagon’s promotions, keeping him from taking part in the new album release. Then, on September 12th, Cube removed both artists from the company. Despite the public being unhappy with the removal simply because the two singers fell in love, it is only reasonable because they have broken their contract. Laws aren’t much help to idols because they have to prove that in the past, the company truly acted against the contract and the rights of the artist. The artists can get help through the Artist Welfare Act, that came to be after the death of the artist Choi Goeun, but as manager of Bareun Music Cooperative Yun Jongsu says, “this law doesn’t reflect reality at all” (Korean Exposé). In early 2017, many music entertainment companies, including SM, were told that they had to stop placing penalties on trainees and artists who had broken their contracts to follow the civil law. The artists can now protect themselves under the music entertainment “Seven Year Rule” in California, in Section 2855 of the California Civil Code. This keeps music companies from forcing actions on the artist and gives them permission to leave after seven years of being under contract. But what about the artists who leave before those seven years or for all musicians outside of California?
Conclusion
To dedicate oneself to the music industry, true commitment is not enough for many companies. The guidelines in the contracts force artists-in-training to experience harsh actions that force them to learn and acquire musical skills, and punishments if they protest. If they continue in the industry and find themselves promoting their music, the profit received will end up being little to nothing if they’re not successful enough. If an artist feels the need to leave before their contract is over, the possibility of losing a lawsuit against the music company they had signed with can leave them without any support. Even the simplest actions outside the contract, such as having relationships or promoting outside the company can hurt the artist and keep them from continuing with their music career. The music industry is not as straightforward as enthusiastic singers, songwriters, dancers, and composers believe. They may end up losing and going through more than they had expected if they were unaware of the dedication it takes to survive the entertainment real-world.
