What Independent Artists Can Learn From Dave Chappelle’s “Unforgiven”
Dave Chappelle recently asked Netflix and HBO Max to remove Chappelle’s Show from its services.
“If you ever liked me, if you ever thought there was anything worthwhile about me, I’m begging you, please don’t watch that show,” Chappelle requested from his attendees during a stand-up act last month.
The recent performance featured little punchlines as the comedy legend shared his pain from his experiences in the comedy world. It’s an instructive lesson for independent artists contemplating signing on a dotted line.
NEVER BE INTIMIDATED
Few moments match the anxiousness of waiting for a performer to come into view on stage at a live show or festival. Though virtual concerts have yet to replicate the same amount of energy as live, virtual performances have increased in popularity and production value.
The multi-Grammy winner started by reflecting on an incident that occurred at the beginning of his stand-up career. A young, naive 15-year-old Chappelle willingly allowed an older, more established comedian to “borrow” one of his jokes with the hope that lending it would help the elder’s career. The older comedian eventually used the joke right before Chappelle was meant to perform on the same bill. When Chappelle asked for his joke back, the older comedian used his larger size to intimidate him and said he would simply take it. The now 47-year-old comedian thinks about that moment daily.
“When I look at my own kids and I see how young and innocent they are, I can’t believe someone did that to me,” he said. “I don’t think about it every day because that was the worst thing that happened to me. I think about it every day because that was the first time someone ever did that to me, but in my career, it has happened many times since.”
“Grown ass men” like the elder comedian who intimidated Chappelle incessantly profit off of naive artists in the music business. Signing to a record label sometimes results in young artists getting tricked by loans gift wrapped as “advances,” forfeiting their masters, and agreeing to poor royalty splits.
R&B group TLC famously told reporters moments after winning a Grammy that they had gone broke despite selling over 10 million records. All members were 20 years old or younger when they were approached with contracts. Crystal Jones, the original “C” in TLC before quickly getting ousted for Rozonda “Chilli” Thomas, claims she got replaced once she started questioning TLC’s manager, Perri “Pebbles” Reid, about the details of the group’s contract. Jones, then a 19-year-old mother, didn’t understand the contract’s confusing verbiage and wanted to discuss its details at home with her mother and/or lawyer. (Remember, managers also need vetting.)
TLC’s original deal gave them a measly 7% royalty rate on records sold. The group also signed to Pebbles’ production company, Pebbitone. TLC’s publishing, marketing, and recording deals all belonged to one company: LaFace/Arista Records. Left with no other option, the group filed for Chapter 11 bankruptcy in 1995. TLC settled with LaFace for $10 million in advances, with an increased royalty rate from 7% to 18%.
Whether you’re an independent artist who’s young, new to the game, or both, retaining ownership of your creations should remain at the top of your priority list. Refuse to cave in to the pressures from higher-ups urging you to sign a contract immediately and ask for legal guidance when needed.
YOUR NAME (SHOULD) BELONG TO YOU
Chappelle touched on how he felt when he signed his Comedy Central contract.
“I signed the contract, but I signed the contract the way that a 28-year-old expecting father who was broke signs a contract,” he said. “I was desperate. I needed a way out and it wasn’t good money, and it wasn’t good circumstances, but, ‘What else am I going to do?’ I said.”
It’s that very desperation corporate executives prey on. Comedy Central’s parent company, Viacom, can now shop Chappelle’s Show around to streaming sites for a pretty penny without paying its creator a dime. Why? Confusing contract language, such as the right “to use your name and likeness in perpetuity throughout the universe,” entraps creatives within legal cages. This type of language covers an excessive amount of time.
Chappelle cannot do another Chappelle’s Show under that branding because Viacom continues to use his name and likeness “in perpetuity throughout the universe.”
“If you are f*****g streaming that show, you’re fencing stolen goods,” he said passionately. “They stole that from me. They just took it! And I’m not up here trying to tell you guys that I believe Comedy Central gave me a raw deal just because I’m Black. I believe that they gave me a raw deal because this f*****g industry is a monster.”
Regardless of the size of the deal, independent artists should invest time and resources in understanding the basic concepts behind the complicated language in contracts, especially when it comes to your name and your brand. Again, hire a proper legal team to consult you before you add your signature. And don’t be afraid to ask for an explanation of any wording you don’t understand.
STAY ALERT AT THE TABLE
“When I left that show, I never got paid,” Chappelle said. “They didn’t have to pay me because I signed the contract. But is that right? I found out that these people were streaming my work, and they never had to ask me [and] they never had to tell me. Perfectly legal because I signed the contract.”
There’s an overwhelming sense of pride that comes with signing a major deal. Years of hard work receive validation and the promise of mass exposure leads to new hope. It’s important, however, to proceed with caution when offered any sort of deal. A group of people surrounding you with smiles and friendly nudges may all be in on a cruel charade of three-card monte. Chappelle, too, literally learned this the hard way.
Take note of how long the offer will keep you contractually bound to the label, publishing group, and/or management group. Will the deal(s) last for x amount of years or x amount of albums? A shorter deal for one or two projects may allow for easier renegotiation if the first go-round goes well. Make sure you know just how much of the royalty pie you’re getting.