Retrieving Master Tapes from Major Labels

[circemuse]

I am looking for anecdotal information and/or advice about obtaining ownership and possesion of one's multi-track master tapes from a major label. Specifically about the negotiating process once the tapes are located. I am asking for a friend who is in the middle of this process... he's located the tapes and is trying to decide the best way ask EMI for them back. The band had a fair bit of success in the 80's but has been dormant since 1991. Is this something he can negotiate himself, or should he get an attorney? He's specifically wondering what the experience has been with other New Wave bands who managed to get back their tapes. Thanks!

[Rubellan]

From what I've heard, the artist can make an offer to the company, or artist could ask the label to set a price. Chances are the label will want a few bodily limbs for the tapes they'll probably never touch so it may have to go the legal route if that can't be negotiated. It can happen though. John Foxx got all of his tapes from Virgin... at least the ones they could find. Real Life got their tape to release "Heartland" on CD.

Scott

[Jason²]

Absolutely get a lawyer.

[Ollie Stench]

Not quite a major label, but I know Husker Du has been trying to get their masters back from SST and Greg Ginn wants unreasonable amounts of $$$ for them.

[circemuse]

Thanks for the info so far. I remember reading somewhere (although I don't remember where) that labels were asking between $10k and $20k for masters in similar situations. Does this match up with what you guys have heard?

[tikibars]

I have been working in the music biz professionally for almost 20 years, so perhaps I can offer some insight.

First of all, are we talking about stereo master tapes, or 24 (or 16) track multitracks?

If it is the latter, these tapes are not of much use to a label, since there is almost certainly no chance of the labels using them for any purpose anymore. The only reason they'd be needed is if a full remix or a 5.1 remix were requested. This is very rare for all but the biggest artists, as the 5.1 audio formats don't sell well, and most labels aren't bothering to do 5.1 editions of any but the biggest artists.
However, as archival and historical material they are priceless. But, the vast majority of studios out there no longer even have machines that will play these tapes.

If we're talking about the 2-track production masters, then these are what will almost certainly be used to produce CD (or other format) reissues. Therefore, they're more valuable from a strictly business perspective.

In many cases, studios - who often store the tapes for the labels - have purged their tape libraries during the past decade, when recording to hard drives became the industry standard. Decades of tape were cluttering up storage rooms, and the studios wanted this clutter out.
One studio that I worked in called all of their clients and had them come by and pick up tapes that in some cases had been in storage for decades. Any clients that could not be contacted had their tapes uncerimoniously dumped into the trash.

Now, once the tapes are recovered, this does NOT give the artist the right to reissue their own music. Possession of the tapes means nothing; the intellectual property of the sound recordings on those tapes is probably still owned by the record label. Reissue labels license these recordings from the original label, and if an artist wants to do reissues themselves, they will probably need to negotiate a deal with their former label.

For example, I helped Jim Skafish rescue his 24-track masters from his IRS records years. He acquired his tapes from IRS records, and then with my help we transferred the Skafish album's 24-track tapes to a more archival format (tape disintegrates over time). The tapes for his (AMAZING) unissued second LP (it is MUCH better than the first one - a real crime that no one ever heard it) have been preserved by digitizing them into 24-bit resolution, track-by-track, using Apogee conversion. That's the good news.
The bad news is that he can't release this stuff without negotiating a deal with IRS or whomever owns their catalogue. He may be working on it; I haven't talked to him in about 2 years.

Anyway, hope this insight helps.

[circemuse]

tikibar... this is very interesting and helpful! Yes, it's the 24 track tapes he wants, with the goal of remixing and re-releasing. We know that there will be some intense negotiating in the future. Just trying to get an idea of how intense (and expensive).

[tikibars]

[quote][i]Originally posted by circemuse[/i]
<br>tikibar... this is very interesting and helpful! Yes, it's the 24 track tapes he wants, with the goal of remixing and re-releasing. We know that there will be some intense negotiating in the future. Just trying to get an idea of how intense (and expensive).
[/quote]

One other thing to keep in mind (I know this will sound insane, but I am totally serious) is that 24-track tape breaks down over time.

If you get your masters back, you will probably need to 'bake' them.

You'll need a convection oven (one that generates no humidity) and will have to put your tapes in the oven for about 8 hours at about 140 degrees. I forget the actual time and temp, these numbers are approximate.
Otherwise, the micro-magnetic particles that are attached to the plastic tape will shed off and you'll have, literally, a gummy mess all over your tape heads, and also the tapes will be permanently unplayable.

Doing this is mandatory and important if you have archival material!

You will need to go to a REPUTABLE studio with experience in these matters, and they'll be able to bake your tapes for you.

I am not kidding!


James T.

[Panorama]

[quote][i]Originally posted by tikibars[/i]
You will need to go to a REPUTABLE studio with experience in these matters, and they'll be able to bake your tapes for you.

I am not kidding!


James T.[/quote]Get a Calzone for Steinbrenner while you're there.

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