INDUSTRY STANDARD? THINK AGAIN.

Allen L. Johnston – The Music Specialist 

www.asha.com

In the music business, "taking the money" isn’t always smart business. Over my 50 years in the industry, I’ve drafted countless contracts, witnessed countless deals, and heard countless horror stories—most of them justified by two words: industry standard. 

This so-called "standard" has birthed a major-label monster—one that thrives on obscured transparency, executive bloat, and little to no accountability. 

The Publishing Trap 

Years ago, publishing deals were simple: 2-3 pages, clear terms, straightforward splits. Contracts outlined which rights were licensed, the publisher’s cut (usually 50%), and the territory (typically worldwide). There was no termination clause—just a signature, a filing cabinet, and a passive wait for royalties. 

Promotion? Not the publisher’s problem. Contacting writers? Only if they wanted more songs. 

And the worst part? These deals lasted the life of the copyright—the writer’s life plus 70 years. That’s over a century of lost income for artists who took an advance without understanding the cost. 

Now, writers ask me: How do I get out? 

The answer isn’t easy. Courts rarely void contracts without express termination clauses unless the publisher has been grossly negligent—and simply collecting royalties without promoting the work doesn’t count. 

The better path? Renegotiation. 

- Set a fixed termination date. 

- Define the publisher’s obligations. 

- Offer new material as leverage. 

- Demand fair royalty splits—because the "standard" has always favored publishers. 

Record Deals: Even Worse 

The "industry standard" recording contract gives artists a maximum of 18%—*after* recoupable expenses (advances, marketing, videos, studio costs, etc.). Most artists never see a dime beyond their advance. 

Major labels have long preyed on independents—signing their acts, burying them in deductions, and leaving them in the red. The newer "label deal" model, where majors fund indie startups, rarely works. Why? Because once the initial momentum fades, so does the artist’s career—unless they’re self-sustaining. 

The Broken System (And How It Died) 

For decades, majors controlled the game: 

- Radio decided what was a hit. 

- Stores decided when a record was dead. 

- TV dictated visibility. 

But I learned early: Never let them dictate your success. When radio programmers told me my song was "too old," I kept pushing. When stores dropped my record, I found new ways to sell it. And it worked. 

Today, the old system is dead. 

- Radio? Declining. 

- Stores? Irrelevant. 

- TV? Fragmented. 

The power has shifted. Artists now reach fans directly through streaming, social media, mobile apps, and viral marketing. The "industry standard" no longer exists. 

The New Reality

You don’t need a major label. You don’t need a publisher holding your rights hostage. The tools are in your hands—if you know how to use them. 

The only real standard now? Control your own career.