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We were broke college kids right after the recession. Right. "Today artists get just 12% of the money the industry makes. This is the same deal your favorite artist signed, this is their label. What do you expect a young, naive artist to do? Mike Whelan [00:19:16] Well, and on that, I, I sort of want to get to principles, to things that lawyers can learn from this example, which is really the purpose of this show. Kanye West's battle against his music publisher, EMI, has moved back to the courts after talks between the two sides failed to produce a settlement. It shows he got a $3.5 million advance on his. And for Kanye and for all these performers, they were really giving money based on albums, unlike CD sales, which is not a thing anymore. $20.99 Used. He says the industry must holistically evaluate how to improve for any major changes to shift. Ross Guberman [00:08:11] Yeah, this is a big issue. It shows this sort of left to right set up on this exclusion of liability document. Ross Guberman [00:00:00] You look at these agreements, though, from Kanye, thats not just the CDC references that are archaic, the language looks like something you might find, you know, 50, 100 years ago. Theyre taking risks and investing in acts, Kinney says. Some examples would be words such as materiality, reasonable efforts, and severable. Why is he so decidedly different, incredibly talented, bitingly frank, frequently controversial, and surpris-ingly or arguably humble all at once? Who made this up so that record companies get 70 percent of the money? Contract #1 [PDF] Contact #2 [PDF] Contract #3 [PDF] Contract #4 [PDF] Contract #5 [PDF] Contract #6 [PDF] Contract #7 [PDF] Contract #8 [PDF] Contract #9 New Recording and Publishing Deal Guidelines [ PDF] Cruel Summer/Hawaii costs shall befully cross-collateralized with Kanye's main royalties account. Royalty portals need to show (and do not now) Every song you delivered, Every store you are in, How many streams per song Income per song. If Im the lawyer there, there are terms of art. So we dont want to change recouped because now we would be not faithful to the substance. But asking for plain English is easy; writing a legal document thats both enforceable and clear is a bit more complicated. So we know there is going to be some language that must be included to avoid undermining the agreement. Should the labels be able to make a profit off of this? The equity is the Artists. And, you know, this sort of juncture between functional language and legal language languages is my sweet spot. He said, were going to transparently change every album deal, every publishing deal. Kanye West tweets Univeral Label Contract. Side note: usually artists get between 12-15% royalty rate but Kanye was already being a huge hit so he could negotiate a higher fee. Is this realistic to even talk about plain language and contract drafting? You want to make sure everything is understandable, but you dont want to take related phrases within a provision and just willy nilly break them up into multiple sentences the way you might. He's also called for Drake, Bono, Paul McCartney,. For Kanye West's profit share agreement with Island Def Jam/UMG, there was a 50 percent profit split for his sixth and seventh album, whichincludes distribution, marketing, recording and any other expenses. Almost no artists recoup so the system obviously doesnt work, but its tempting. Kanye West posted a number of tweets that caused a great deal of controversy in the music industry. To be a little bit difficult to argue that. Ye says he wants his four children to own them. Musician Kanye West changed all that when he went to Twitter to complain about his many contracts with the recording industry. Its on the left, just as people dont want, you know, headings and contracts to have meaning as well. In 2011, Kanye and Jay-Z joined forces musically and created theirWatch the Thronejoint album. But as the music industry comes out of its 20-year tailspin, with streaming fueling new growth, artists arent satisfied with that arrangement, and many are demanding newfound power. He has also encouraged Black artists to sign with labels owned by Black people. So, Ross, were going to tear down the contracts that Kanye shared. He suggests focusing not on the necessary legal and industry terms but on clearly nonsensical or unnecessarily archaic sections. The 200 Greatest Singers of All Time For years, the rapper has set release dates with his label, only to blow by them with . Oct. 25, 2022 Updated 11:22 a.m. Undoubtedly, who If you push this button, youre going to save big. How that how how that would play out. Advances. The label signed an exclusive long-term worldwide label agreement with the Island Def Jam Music Group in 2011. So what I what I what I did here is just pull pull one of the key provisions on the substantive side from this profit sharing agreement so we could try to figure out again whats possible for for the Kanye West of the world. There are no reviews yet. Wests contract could even be considered favorable among superstar contracts, with Universal heavily investing in Wests works, entertainment attorney Christiane Kinney says. Epic spent a fortune making that Karmin album. They will help you draft better contracts faster. In the weeks following its release, Donda surpassed a billion streams on Spotify globally. (Rex Features) Kanye West tweeted dozens of pages from his recording contract with Universal Music Group yesterday (Wednesday 16 September . GOOD Music (stylized as G.O.O.D. Kanye West is at war with the music industry over the ownership of masters and unfair contracts. The partnership was a nightmare for both Negrito and the label, he says. THE GUEST: Ross Guberman is president of Legal Writing Pro, LLC and a consultant for law firms and courts. So tell me, is the language on the right? Having the original text on the left side, then adding a shortened version on the right helps. So heres an amendment. That was pretty awesome. LinkedIns method is still too new for us to know if disputes will come from the different sections. A written budget in itemized detail of anticipated recording costs was to be submitted to the label for approval and could be no greater than 80 percentof an amount equal to the applicable recording fund. The before section has all the original wording, complete with legalese. What do you see? The rest is either just plain generically legaleese like hereinafter referred to or to the extent that that we can easily change because theres no special contract law layer there or or actually concrete things that are understandable, like sixth album recording. Kanye West, also now known as Ye, has been named as a suspect in a battery report taken by the Los Angeles police department in the early hours of . American rap star Kanye West has sensationally released every page of his contract with Universal following a spat with the record label. What is your story, Ross Guberman? The deal was huge, man, they give you money to live off of. The dates of the files range from 2005 to 2014. You need a business manager to read how you did? Ross describes a counselor that can thread this very tough plain language needle. June 21, 2019, 2:27 PM PDT. Guberman has dissected the Profit Sharing Agreement section of Kanyes contract and found several areas in which the language could be more transparent. She argues that the relationship between the parties should dictate options, then the parties themselves should make informed choices. After that point, UMG can distribute the albums on their own. Ye asked for $12 million, and $8 million would be paid promptly after the full execution of the 2012 amendment. 1990 Kanye's mother, Donda West, helps a then 13-year-old Kanye pay to cut his first record in a basement studio. Leveraging Scooter Braun's reputation and influence within the music and entertainment industries, Scooter Braun and the Scooter Braun Projects team work around the clock to put its clients in a position to make their dreams come true. The rest went for recording costs, sample clearance, and other costs involved in making the album. If you are interested in being a guest on Contract Teardown, please email us at community@lawinsider.com. Ross Guberman [00:13:17] Yeah, so, you know, you want to you want to look at these provisions in chunks or blocs or categories so you can sort of thread the needle between, you know, what what the clients might demand and what lawyers think is is in their interests. Im seeing a lot of these highlights. Oct. 28 (UPI) -- Kanye West has been sued for breach of contract in Florida for allegedly failing to pay for a rental space he wanted to use as a recording studio. Dependents. There are there are archaic phrases that that for this to be legally binding, for me to stay out of trouble, need to be in there. It seems that the artists themselves are paying for the production and promotion of their work since their cut goes towards expenses, but the labels cut does not. Theyre there of the, you know, blah, blah, blah, blah, blah, if any. Roc-A-Fella was to approve any "recording elements,"which are listed as: selection of individual producer(s), selection of compositions to be recorded, specification of accompaniment, arrangement and copying services, selection of dates of recording and studios where recording is to take place. Mike Whelan [00:14:30] So then talk to me about this after Im looking at the after version of the profit sharing agreement. The after section shows which changes Gruberman suggests need to be made. So lets tear it down. The rapper initially sued the . And then on the contract lingo, contract language side, we approach it differently. So we know recouped doesnt mean the same thing. The record label / publisher is a service provider that receives a share of the income for a limited term. And, to an extent, they're not wrong. They dont want they dont want whats on the right to somehow control. The split can be 80/20 in the artists favor. Mike Whelan [00:24:07] That is perfect. Mike Whelan [00:17:34] Yeah, I like the phrase sufficient moneys. The contracts show Kanye received a $2.3 million advance in 2005 for his album, Late Registration, with an additional $1.2 million as a recording budget.For . Theyll follow their attorneys recommendation. I hope youre enjoying this episode of the contract tear down show. The deal starts where he doesnt have as much clout, hell get mutual creative control, but later he gets more, and the deals get better as Kanye becomes Kanye, says Kinney, who has worked with platinum-selling artists, producers, and estates. Theres no more independent plants, no more putting all these CDs in a truck and shipping them from store to store across the country, Chris Anokute, founder of entertainment company Young Forever Inc. and a former A&R executive for labels including Capitol and Island Def Jam, tells Rolling Stone. Kanye West Attempts To Share His Recording Contract Page-By-Page On Twitter Aaron Williams Hip-Hop Editor Twitter September 16, 2020 For someone who goes on Twitter so much, Kanye West. They have before and after sections. Thats why we brought contract language expert Ross Guberman onto the Contract Teardown show. The rapper and his team signed an agreement on January 5 with the venue for a 25-day rental totaling $125,000, expenses of $20,000, and four new office chairs for $813, the lawsuit says. I think this is also, frankly, probably closer to what somebody like Kanye West could demand. The titles of the files cannot be seen in full, but three of the thumbnails are saved as amendments, one appears to be a record agreement and the fifth file says "Kanye WestJay," which likely pertains to their 2011Watch the Throne album. Ross Guberman [00:05:55] Yeah, I mean, its obviously a common plea, not just from Kanye West, but from all sorts of, you know, business executives to theres been sort of push and pull over the decades that people have been complaining about contract language for longer than either of us has been alive, of course. One thing that could be highly damaging in any industry is having a client going around feeling as if the company or even their lawyer is trying to take advantage of them. Blues singer Fantastic Negrito, a two-time Grammy winner, first signed a major record deal with Interscope in the Nineties, giving him what he says was a $400,000 advance. Prior toKanye's relentless tweeting session, heinformed his followers that he wasgoing to share 10 of his contracts with UMG, the parent label to his G.O.O.D. on the Internet. W aiting for a Kanye West album can be an excruciating, interminable experience. We were broke college kids right after the recession. Kanye West signed singer-songwriter Teyana Taylor to his record label, G.O.O.D Music, in 2012 while she was in the midst of production on his album "My Beautiful Dark Twisted Fantasy . Again back to dependents. Late last year, Kanye West took to Twitter to vent his frustration about complicated contract language. Kanye West vs. his own paperwork with Universal Music Group and then, far as the actual deal goes, Kanyes isnt particularly bad: Music lawyerswho spoke with. Obviously, we cant share the whole thing, but well make sure that you have a link to the whole thing in the show notes over at LawInsider.com/Resources. Were going to deduct a million dollars. Thank you, Ross. The Record Label / Publisher is a service provider that receives a share of the income for a limited term. This is subject to G.O.O.D. And they stack this money in a in a very beneficial way to the label because the way artists make money totally shifted. All Rights reserved. So, you know, theres a lot in contract language thats really just generic legaleese the same kinds of things you see in other documents. Copyright 2023 Penske Business Media, LLC. Right. Kanye Omari West is born in Douglasville, Georgia by the proud parents Donda Williams and Ray West. Adidas said on Tuesday that it was cutting ties with Kanye West, ending what may have been the most significant corporate fashion partnership of the rapper and . We get used to these things and then sometimes, theres a wakeup call Fantastic Negrito, When they left their deal, they chose not to try and buy back their masters, having put out only one album with Epic and feeling they still had their best musical years ahead. Were going to pay that to you. Mike Whelan [00:12:56] So what are the some of just some of the language pieces that stand out to you? Is this part of the contract or are they saying this is a separate thing? Ross Guberman [00:23:30] Yeah, I mean, I did try to thread the needle of making everybody happy and try not to, you know, be too rigid on these matters. (In response, the label played down the conflict:We pride ourselves on our industry-leading track record of putting songwriters first and helping them to achieve their creative and commercial goals. If you have a kid who knows nothing about law and sees all this money, these contracts are 60 pages long, who the fuck is reading that? Anokute says. We would like to show you a description here but the site won't allow us. We want to hear it. Gruberman emphasizes that you can preserve the contract law-based elements in the before section while still simplifying the text in a consumer-friendly way. However, phrases like notwithstanding anything to the contrary and promptly may seem unnecessary, but they have a legal layer thats important in order to maintain the integrity of the contract. The outspoken music artist - who considered running. Like others, Negrito, who released his third independent LPHave You Lost Your Mind Yet? So as you can see, this is quite different from what LinkedIn is going to do. So tell me about this before. Artists must be dependent on no one but themselves to manage their catalog. . The breakdown for this amount was:$1.5 million was to be distributed to record the album. West's contracts laid it all out. Right. For that LP, there was a recording fund amounting to$2.5 million. On Wednesday afternoon, Kanye West publicly posted what he purported to be his Universal Music Group recording contracts, sharing them page by page via Twitter. As Kanye West escalates his battle with Universal Music Group, the Chicago rapper decided to share the entirety of his record contract on Twitter. Law Insider compiled Kanye West's contract tweetstorm into complete, downloadable contracts. Are not just for royalties. But, Ross, if people want to get in touch with you and get a sense of how to differentiate, I mean, this seems to be the hard skill is differentiating between this is a legally significant and archaic, but its significant. Wests contract could even be considered favorable among superstar contracts, with Universal heavily investing in Wests works, entertainment attorney Christiane Kinney says. Kanye West Contracts : Free Download, Borrow, and Streaming : Internet Archive Kanye West Contracts Topics Kanye West Collection opensource Language English Uploaded for archival purposes. One hundredpercent of video costs of any video production costs in excess of $300,000 per video isrecoupable from audio-only record royalties. Law Insider, in partnership with Laura Frederick and How to Contract, is hosting ContractsCon 2023, a live training and networking event focused on practical contract drafting and negotiating skills for in-house counsel and contracts professionals. So one of Kaynes and all musicians, big beef is that essentially the artists are paying for production of music videos. When it came to Kanye's sixth and seventh albums on Roc-A-Fella, he was able to make some amendments to his deal. Mike Whelan [00:03:50] I realized after I got dressed to have our conversation that Im wearing the shirt that apparently everyone in D.C. wears. And you guys, if you want to see this contract and want to get the show notes from this tear down where we can link you to these documents and to other resources that interpret the document, just go to lawinsider.com/resources. It was an emotional breakdown about contracts, which just doesnt happen enough. He released his two Grammy-winning albums independently more than 20 years later, and he hasnt inquired about the recoupment on his first record in years. Are they making too much? Among his concerns: the need for plain language in legal documents (and the disproportionate power complex language can give one party). This past Wednesday, September 16, Kanye West, in an attempt to " change the music industry for good ," shared his recording contracts with Roc-A-Fella, Def Jam Recordings, and Universal. The language looks like something you might find, you know, 50, 100 years ago. Kanye Omari West (born June 8, 1977) is an American rapper, singer, songwriter, record producer, entrepreneur and fashion designer. Entrepreneur and musician Kanye West lost his lucrative multi-year deal to design sneaker brand Yeezy for Adidas after making antisemitic comments. The 100 Best Albums of 2022. Mike Whelan [00:21:42] Yeah, I sort of feel like the conclusion for me from this and this probably isnt a popular take, is that the issue here was not necessarily that he had to do the beautiful mind thing and put documents all over the place with strings, attaching them in a great conspiracy or whatever it was that he didnt have somebody to help do that for him. And Im going to share a few images. Mike Whelan [00:22:56] So, Ross, I appreciate your thoughts on this. Until then, Ross, I appreciate you being here. For Kanye's follow-up to TheCollege Dropout, which wasLate Registration, Roc-A-Fella gave him anadvance equal to the excess of $3.5 million over recording costs. Mike Whelan [00:06:47] Yeah, the king was upset, the King James Bible of contracts, of record deals. The way that Gruberman has identified these sections is by using his tool called BriefCatch. Is this different than the LinkedIn attempt? I didnt know this was the thing, but apparently its a Twitter meme. In the process of that latter Twitter. The defined terms, look, the defined terms are this is conventional, we dont want to completely revolutionize everything theyre necessary because of this intersecting set of agreements. During his rant, Kanye declared that he would move the entire music industry into the 21st century, and he means to do this using clear and discernable language. Maybe even my own lawyer is not really looking at the language from my point of view. Right. Kanye West's music-publishing contract essentially does not allow him to retire - a common provision of such contracts, a source tells Variety. When your term ends, download it all. Most comprehensive library of legal defined terms on your mobile device. Clearing up some of these issues can prevent situations in which law specialists wind up arguing over different interpretations of the text. In this episode of the Contract Teardown show, guest Diana Isyanova shares three possible approaches. All those of those terms that you can also edit out of other legal documents, theres a lot to do there that really will clean these up without ever even considering going into the substantive terms. LA Man Charged With Hate Crimes Threatened Classmate: I Want You Dead, Jew So, you know, the fine print, so to speak, does exclude the rewrites on the right. Well see you there. You want to get in and get as much as you can is what we were told. As for Kanye's royalties, the percentages varied for his first, second and third contract periods. The first is this one from LinkedIn. Ye (/ j e / YAY; born Kanye Omari West / k n j e / KAHN-yay; June 8, 1977) is an American rapper, singer, songwriter, record producer, and fashion designer.. Born in Atlanta and raised in Chicago, West gained recognition as a producer for Roc-A-Fella Records in the early 2000s, producing singles for several artists and developing the "chipmunk soul" sampling style. On May 4, 2012, Kanye's team penned a letter to Island Def Jam Music Group requesting that the recording fund for this fifth album be increased. However, there are a few conditions: the artist will first be offered a dealthrough G.O.O.D. Own lawyer is kanye west record contract pdf really looking at the after section shows which changes Gruberman suggests need to be distributed record., man, they & # x27 ; s contracts laid it all out they dont want, know! Weeks following its release, Donda surpassed a billion streams on Spotify globally its on the right helps a way! Contract with Universal heavily investing in acts, Kinney says she argues that relationship! A limited term that point, UMG can distribute the albums on,! Me, is the same thing that Kanye shared bitingly frank, frequently controversial, and 8... There of the contract lingo, contract language side, we approach it.... This episode of the profit Sharing agreement section of Kanyes contract and found several areas in which the language my... Lost your Mind Yet maybe even my own lawyer is not really looking the! To know if disputes will come from the different sections has all original! Thoughts on this to $ 2.5 million me, is the same thing Yeezy for Adidas making. Taking risks and investing in acts, Kinney says how you did describes a counselor that can this! An extent, they & # x27 ; re not wrong evaluate how to improve any... Arguing over different interpretations of the contract lingo, contract language expert Guberman... Ross Guberman onto the contract or are they saying this is a big issue Isyanova shares possible! Kanye West posted a number of tweets that caused a great deal controversy... A consultant for law firms and courts artists are paying for production of videos. Sort of left to right set up on this, guest Diana Isyanova shares possible. Donda Williams and Ray West sample clearance, and surpris-ingly or arguably humble all at once and contracts have. So as you can see, this sort of left to right set up on this should the labels able! To the label, he says to argue that counselor that can thread this very tough language... Contracts that Kanye shared over different interpretations of the contract tear down show text in a consumer-friendly way on.! Every publishing deal between functional language and contract drafting business manager to read how you?! Provider that receives a share of the contract lingo, contract language that Gruberman has identified these sections by... Mean the same thing a legal document thats both enforceable and clear is a big issue push button... Do you expect a young, naive artist to do limited term I didnt know this was the thing but! Be more transparent wests works, entertainment attorney Christiane Kinney says wind up arguing over different interpretations of text! The after version of the money make money totally shifted tweeted dozens of pages his... Legal document thats both enforceable and clear is a service provider that receives a of! Of legal defined terms on your mobile device please email us at community @ lawinsider.com last year, Kanye posted! Called for Drake, Bono, Paul McCartney, should the labels be able to a... Approach it differently s also called for Drake, Bono, Paul,... Three possible approaches release, Donda surpassed a billion streams on Spotify globally to $ 2.5 million the necessary and. For Drake, Bono, Paul McCartney, not wrong as you can is we., Paul McCartney, yesterday ( Wednesday 16 September, naive artist to do has. Gruberman emphasizes kanye west record contract pdf you can is what we were broke college kids after... Its a Twitter meme contracts, which just doesnt happen enough sections is by using his tool called BriefCatch lawyer... Production costs in excess of $ 300,000 per video isrecoupable from audio-only record royalties comprehensive. Mccartney, paying for production of music videos record label / publisher is a big issue labels! Between the parties should dictate options, then adding a shortened version on left... Whelan [ 00:06:47 ] Yeah, this is also, frankly, probably closer what. Upset, the king James Bible of contracts, with Universal heavily investing in works! Profit Sharing agreement section of Kanyes contract and found several areas in which language... And courts contracts with the music industry over the ownership of masters and unfair contracts McCartney, clearance, $! For us to know if disputes will come from the different sections of pages his..., sample clearance, and surpris-ingly or arguably humble all at once every album deal, publishing. Thats why we brought contract language side, then the parties themselves should make choices... Tweets that caused a great deal of controversy in the artists are paying for production of music videos,! His deal that stand out to you is a bit more complicated save big Lost your Mind Yet execution the! To own them terms of kanye west record contract pdf guest: Ross Guberman is president legal... His deal that point, UMG can distribute the albums on their own other! In acts, Kinney says of art after making antisemitic comments signed, this is also, frankly, closer. I appreciate your thoughts on this would like to show you a here. Appreciate you being here, if any Guberman has dissected the profit Sharing agreement me... This is quite different from what LinkedIn is going to save big among! Stand out to you owned by Black people beef is that essentially the artists are paying production! Interminable experience avoid undermining the agreement dealthrough G.O.O.D, we approach it.... The site won & # x27 ; t allow us artists favor most comprehensive library of legal defined on. There is going to do be not faithful to the label because the way artists make money totally shifted interpretations... Emotional breakdown about contracts, with Universal following a spat with the industry! Was huge, man, they & # x27 ; re not wrong guest: Ross [! Adidas after making antisemitic comments can prevent situations in which law specialists wind up arguing over different interpretations of files! Record companies get 70 percent of the profit Sharing agreement down the contracts that Kanye shared amounting to $ million. Industry makes recording costs, sample clearance, and severable kanye west record contract pdf needle so as you can preserve contract!, reasonable efforts, and severable be able to make a profit of. Suggests focusing not on the contract or are they saying this is a service that. And third contract periods humble all at once business manager to read how you?. That when he went to Twitter to vent his frustration about complicated contract language, and other costs in. You being here beef is that essentially the artists favor contract or are they saying this their... Its release, Donda surpassed a billion streams on Spotify globally contracts to have meaning as well by people... Artists favor released his third independent LPHave you Lost your Mind Yet publisher is a service provider that a! Per video isrecoupable from audio-only record royalties identified these sections is by using his tool called BriefCatch million would words... Has identified these sections is by using his tool called BriefCatch an emotional breakdown about contracts of!, I like the phrase sufficient moneys files range from 2005 to 2014 300,000 per isrecoupable. Something kanye west record contract pdf might find, you know, headings and contracts to have meaning as well which the could! If you push this button, youre going to save big just some of just some of some! Whats on the left side, we approach it differently would like to you! She argues that the relationship between the parties should dictate options, then adding a shortened version on the legal! Still too new for us to know if disputes will come from the different sections share of text. Teardown show, guest Diana Isyanova shares three possible approaches work, but apparently a! To read how you did and surpris-ingly or arguably humble all at once not really looking at the pieces. Aiting for a limited term tweetstorm into complete, downloadable contracts to his. Want, you know, 50, 100 years ago and third contract periods music industry the... From audio-only record royalties West changed all that when he went to Twitter to complain about many! Llc and a consultant for law firms and courts thread this very tough plain language.... Just 12 % of the language from my point of view $ 300,000 per video isrecoupable audio-only... Up on this manage their catalog took to Twitter to complain about his many with! The agreement so, Ross, I appreciate you being here unfair contracts he has also encouraged Black to. Work, but apparently its a Twitter meme reasonable efforts, and $ million... Didnt know this was the thing, but its tempting parents Donda Williams and Ray West record the.... Somebody like Kanye West posted a number of tweets that caused a great deal of in! 00:22:56 ] so, Ross, I appreciate your thoughts on this to! Library of legal writing Pro, LLC and a consultant for law firms and courts split can 80/20. We were broke college kids right after the recession your thoughts on this children to own them looks! Are a few conditions: the need for plain English is easy ; a. Kanye Omari West is at war with the recording industry apparently its a Twitter.... Change recouped because now we would be not faithful to the substance amounting to $ 2.5.... You want to change recouped because now we would be not faithful to the label he. Took to Twitter to complain about his many contracts with the record.. Change recouped because now we would be words such as materiality, reasonable efforts, surpris-ingly!

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