INDUSTRY 101: WENDY DAY
Wendy Day’s name might not be
familiar to the general public, but within the industry, she’s built a name for
herself by negotiating the terms of record deals for artists like Master P,
Eminem, Cash Money, and most recently, David Banner. In the music industry,
shady deals and unethical business practices are common, but Wendy has made it
her duty to protect the interests of talented artists who are being taken
advantage of. Unfortunately, at times she’s been the one taken advantage of.
Over the past twelve years, Wendy has learned a thing or two about fame and
fortune and the way it changes people.
When you say you’ve been “involved” with a record deal, what exactly does that
entail?
It’s different in each situation. With [Master] P’s deal, for example, I was
involved because one of the guys in his camp didn’t trust the people that were
doing the deal for him. It turned out that they were trustworthy, but because
they had a very close relationship with Priority, they were worried that there
may have been a conflict of interest.
Do you ever help choose which artists a label will sign, like, do you play an
A&R role at all?
Not at all. In most situations [the artist] is in a position where they’ve got
some leverage, but they haven’t decided to sign yet. I’m kind of a matchmaker. I
try to pair the artist with the label that’s best suited for them, because every
label is different. Elektra, for example, had the best radio relationships, when
they were at their height. It really depends on what the label and the artist
needs, I try to find a match that fits so they can both move forward. If you
look at all the deals I’ve done, they’ve all gone onto gold or platinum status.
That’s more important to me than someone just having a record deal.
Have you ever declined to do a deal because you didn’t think it would turn out
gold or platinum?
I refused to do the deal with B.G. at Koch because I didn’t think that was the
best place for him. I gave him my opinion and told him what to look out for,
because I didn’t believe he should do that deal. I didn’t believe that Koch
could take him platinum, and as it turned out, they couldn’t. Someone [like B.G.]
who was double platinum doesn’t turn around and only sell 200,000 units. That’s
just unacceptable. But I have to give them credit because they did better with
his CD than I thought they would. I didn’t think they could break 100,000, but
they broke 200,000. So I have to give them credit for being less whack then I
thought they would be.
Is there any artist that you think could go platinum on Koch?
I think B.G. is a platinum artist, but on Koch, no. Koch is not set up to make
their artists platinum. Koch is setup to advance a certain amount of money and
make a decent return on their investment. And once they reach the level where
they feel they have done enough, they move onto the next project. And they make
no secret about that. It’s not a bad thing, that’s just their business
philosophy. The problem is when an artist signs to a label and thinks their
business philosophy should be different. Of course it’s not going to change;
it’s corporate structure.
When you started out, how did you get the connections with these record labels
to understand how they operate?
Keeping my eyes open and asking a lot of artists what their deals entailed,
learning who was good at what. Twelve years of grinding, going to music
conferences, one-on-one meetings with the labels and artists. It’s a building
process. Every year I meet more and more people as I build my repertoire.
When did you start the Rap Coalition?
In March of 1992. It’s twelve years old. It’s still non-profit. It’s more
powerful now than it has ever been, and the company just grows and grows. I fund
it myself, so financially I’m now in a position where I can afford to do more.
And as with any business, the more money you have, the more things you can
afford to do.
Rap Coalition is sort of like a labor union?
Yeah, exactly. We have a health care and dental plan. When an artist is in an
unfair contract, they can step to us and we’ll help break their contract. We’re
very supportive of artists and their needs.
What are the most common clauses you’ve found in “unfair” contracts?
Labels advance a large amount of money and don’t pay the artist their percentage
on the back-end, because they feel they are doing a lot for the project. Most
contracts that I deal with, the artist has some control over what percent of
their earnings is sent where. Since they’re really paying for it, they should
have a right to say where the money goes. Most of the unfair contracts that I
see are a split between power of creative control and split of income.
What do you warn artists to look for?
Areas where the label can “recoup.” What that means is, money they are allowed
to put out on the artists’ benefit and take back on the back-end. For example,
independent radio promotion. That’s where I fight a lot, because the record
label feels that no matter how much money they send, they’re gonna recoup it
anyway. And very often, they will send money for three or four artists that are
signed to the label, and recoup the lump of money from each. So they’re kinda
paying themselves four times, taking from each artists’ budget. That’s something
an artist needs to be aware of; they have to make sure that they’re only
invoiced for their project when it comes to radio promotion.
As a consultant, have you ever advised an artist not to sign a record deal?
Most often I advise not to sign. The ratio is ten to one.
So you think in some situations, it’s better to stay independent?
In a lot of situations, yes. It really depends on their goals. There are a lot
of artists out there who don’t care about ownership and control. A lot just want
fame. And any major deal can give you fame, without the money, as long as they
work you properly. It’s just a matter of finding out what the artist needs and
desires, outlining the options, and letting them make an informed decision. It’s
not like Sony is going to sit down with them and say, “With us, you’ll get fame
and no money.” There needs to be some sort of mediator, a balance that defines
what each deal involves.
Have you ever advised an artist not to sign a contract and the record label
renegotiated a better deal?
There have been a lot of those situations. But in order to renegotiate, you have
to have a certain level of success to begin with. If they really want an artist,
they’ll give them a decent contract.
I’ve heard people say that the Cash Money deal you negotiated with Universal was
“unprecedented.” How so?
Absolutely. Universal was willing to advance money and give them an 80/20 split
on the back-end, which is unheard of. They were willing to let them own their
masters, 100%. This meant after their 3-year deal, they could take their artists
and leave.
Why did Universal want Cash Money so badly?
Because they were selling. When I met Cash Money, they had put out 31 different
CDs in a period of six years. That’s a lot of talent and a lot of music.
Universal’s goal, in that deal, was to get market share. They wanted to sell
more records, so based on quantity, Cash Money had proven that they could put
out six records a year and still do well.
Outside of Rap Coalition, what other services do you provide to independent
artists or record labels?
I consult independent record labels, I help people establish the foundation of
their company. I teach them how to sell units, based on what I’ve learned
working with people like Master P and Cash Money. People who were able to sell
units before getting a deal, kind of like what David Banner did.
There’s a million “record labels,” but what would you say separates a Cash Money
or a No Limit from the masses? Why are they successful?
Cash Money was serious about what they did. They had the right artists at the
right time. They had a movement, not just records to sell. With Cash Money – and
I hate this term – but it was the whole “bling-bling era” and the movement
behind them. Master P had a whole marketing movement. He was the first person to
market the way a corporate entity like IBM would market to their clientele. He
took it to the next level. He had a better business plan, good music, and an
image to back it up. Image and music are equally important in music, because you
need both the hype and something to back it up.
What route do you usually recommend for independent labels in terms of
distribution?
I’m a big fan of Select-O-Hits, they’ve always done right by me. I’ve never had
something in writing with them, everything I’ve done has been on a handshake.
They have never screwed me, and have always paid the artists. I’ve been very
fortunate to find good people that can work the record. And I also hire an
independent sales staff to work alongside Select-O-Hits’ sales staff. If there
are problems with distribution, that’s usually where it occurs. So I acknowledge
it before it becomes a problem.
How does a distributor like Select-O-Hits work?
It’s on consignment. They’re a traditional distributor. Their sole job is to get
the album into record stores, and when the record sells, they go and collect the
money. They don’t advance money. They are a typical old-school distributor.
On the flip side, are there any distributors that you do not recommend?
I think Southwest Wholesale sucks in any shape, form, or fashion. I also don’t
recommend AMC, because I watched what Twista went through with “Legit Ballin’.”
The first two “Legit Ballin’” records that I helped Twista with sold over
200,000 units. When AMC got ahold of it, they only sold 30,000. And it was the
best record yet, so that shows me they didn’t know what they were doing.
What were the problems you encountered with Southwest?
They don’t pay anybody. They have severe payment problems. Artists also claim
that they bootleg products on the back-end. Universal Records fined them and
banned them from doing business with them for one year, because of bootlegging
issues. They were bootlegging records and returning them to Universal for
credit, and they got caught. They would press up units that they were returning.
It only costs 55 cents to press up, and if you own a pressing plant, it’s even
cheaper. And you can return them for a credit of $11.41 each. It’s a nice lick,
if you can hit it.
What’s the differences that you see between different markets? Like, Houston for
example, why do you think they have so many successful independent artists in
comparison to other markets?
Sensibility. When you have one person that can make it happen, and other people
can see that they’re doing, it’s the mentality of, “If he can do it, I can do
it.” In Memphis, it was Three 6 Mafia. They proved that it could be done. In
Houston it was DJ Screw. He started putting out screw tapes and selling a ton of
them, so other people saw what they were doing and felt like they could do it
too. And of course, Southwest Wholesale was based right there in Houston, so
people just gravitated towards them and began putting out records. Once they
figured out they weren’t getting paid, though, it became a problem.
So aside from Rap Coalition, you have an independent consulting firm?
Right. The independent consulting company is called PowerMoves. That’s the
company that does all the deals. It did the Cash Money deal and David Banner’s
deal at Universal. I used to manage artists also. My company was called
Visionary Management. I used to manage Twista, Fiend, and others. It made me
miserable. I was unhappy as a manager. For me, it was glorified babysitting. Of
course, it has to do with the artists that I chose to manage, because they all
had problems with their labels that weren’t their fault. They were just in bad
situations to begin with, and they were people with strong business minds and I
felt like I could make a difference in their lives. But it’s very difficult to
work with someone who’s been screwed, because they’re always on the defensive.
Although they know you’re trying to help them, it’s still difficult for them to
trust you. I was always working with trust issues, even though they knew they
could trust me. Everything I did was being second-guessed, and people became
very nervous when the money didn’t come in right away. So they began doing side
moves that I thought were shady. They felt like they had to do this, to feed
their families. It’s a shame, because other than C Murder, David Banner, and
Kamikaze, there’s no one that I used to manage that still maintain a
relationship with me. I’m very bitter. I haven’t spoken to Twista in three
years.
So you had a fall-out with Twista? Over what?
We had a fight over money. It’s always over money. Twista decided that he didn’t
need to pay anyone. He didn’t pay me, he didn’t pay the president of his label –
who put up millions of dollars to build up Legit Ballin’ Records – and he just
bounced on us. There’s another guy in Chicago that was giving him money to feed
his family, and as soon as the money came, he bounced on him too. He knows what
he’s done, and he’s tried to get back in touch with me, but I have nothing to
say to him. There’s nothing he could say. He fucked up.
Are there any other relationships that soured?
Cash Money. After I did their deal, the money came, and I didn’t get paid. I had
to sue them to get paid. It took me three years to get paid. And they didn’t
understand that I had worked for them free of charge for nine months. I depended
on that money they owed me. I couldn’t pay my rent, credit cards. I got evicted
and lost everything that I owned. The sheriff came and put all my shit on the
street. It was really ugly. For someone who had done such an amazing deal, I
shouldn’t have had to pay that price. It was greed and ignorance on their part.
How did you feel when you heard that B.G. and Juvenile had left Cash Money?
I knew it would happen. I didn’t take it personally, because it wasn’t like I
was the only person they didn’t pay. They didn’t pay their studio bills, t-shirt
manufacturer, artists, distributors, and the mastering studio. They didn’t pay
anybody. And now, it’s obvious what’s happened. They’re done. All their artists
have left. It won’t surprise me if Mannie or Wayne leave. They had a beautiful
business plan, but once the money came, they just flipped. They were the last
people that I thought it would happen to.
Anything else you’d like to add?
For more information, visit any of my websites: www.RapCointelpro.com,
www.RapCoalition.org, www.ArtistsRoyalties.com, or www.Inside-The-Industry.com
- Interview and photo by Julia Beverly, jb@ozonemag.com

