Written by Bart Day, Entertainment Attorney, 2002
For artists who are releasing their own record for the first time, without the involvement or assistance of a label, the process can be a little intimidating. It can be easy to miss some key legal details in the process.
Here, therefore, is a very basic checklist of issues to be considered when releasing a record. Bear in mind, though, that your own particular circumstances may dictate that you take certain steps that are different from, or in addition to, the various steps mentioned below. Also, it has been necessary to greatly oversimplify some of the issues discussed below due to space limitations.
1) Agreement Between Members of Group. If it is a group (as opposed to a solo artist) releasing the record, and if the group has not already formalized its relationship by way of a partnership agreement, incorporation, or limited liability company ("LLC"), there should at least be a clear and simple written agreement among the group members about how the finances of the recording project will be handled. Also, it is always a good idea to deal with the issue of the ownership of the group's name as early in the group's career as possible.
2) Investors. If there are investors involved, documents will need to be prepared in order to comply with certain Federal and State securities laws. Be especially careful here.
3) Distribution and Promotion Strategy. Think ahead about how the record will be distributed, advertised, and promoted, and how much money will be needed to effectively market the record. Sometimes all (or almost all) of the budget for a project is spent on recording and manufacturing costs, and there is little or no money left to effectively advertise or promote the record. This, of course, is not really a legal issue but is such a common (and often fatal) problem that I feel obliged to mention it here.
4) Mechanical Licenses. For any cover songs appearing on the record, you must obtain a mechanical license from the owner of the song (i.e., the song's publisher), authorizing the song to be recorded and providing for the payment of mechanical royalties. In many cases this license can be obtained fromThe Harry Fox Agency (212/ 370-5330). Allow six to eight weeks for this process.
For songs not licensable through Harry Fox, you must contact the publisher directly. Usually the easiest way to do so is to obtain the publisher's contact info from the "song indexing" departments at ASCAP and BMI.
5) Sampling Clearances. If you are including any samples on your record, you need to obtain sample clearances from the publisher of the musical composition being sampled AND, separately, the record label that owns the master being sampled. Do this as early as possible, as there will be some instances in which either the publisher or label will not be willing to issue a license, or the licensing fee which they require may not be affordable.
Also, some duplicators will require you to sign a form stating that either you have not used any samples, or that if you have done so, you have obtained all necessary clearances. If there is any obvious sampling done, the duplicator may require you to show them the clearance documentation.
6) "Work for Hire" Agreements. For any session people, engineers, etc. whom you are hiring, it is wise to have them sign a short and simple "work for hire" agreement, to preclude any possible future claims by them that they are owed royalties or that they have ownership rights in the masters. Do this BEFORE you go into the studio.
7) Producer Agreement. If you are using an outside producer, there needs to be a producer agreement signed, defining (among other things) how the various costs of the recording sessions will be handled, what advances (if any) will be paid to the producer, and what producer royalties will be paid to the producer. Just as in the case of the Work for Hire agreements mentioned above, do this BEFORE you go into the studio.
8) Production Credits. Make sure that the production credits listed in the liner notes--for session people, producers, and others--conform to any contractual requirements. For example, the producer agreement will often be very specific about how the producer's credits are to be listed. For musicians performing on the record who are signed to a label, they will normally need to be credited as appearing "Courtesy Of" their label.
9) Liability Releases/Permission Forms. You need to consider the possible necessity of getting a liability release or permission form signed in any of the following scenarios: (a) If a photograph and/or artistic image of an individual outside the group is included in the artwork; (b) If any of the artwork which you are going to use is owned by any third party; or (c) If any logos or trademarks owned by third parties appear in your artwork. There can be some tricky legal issues in this area, so be very careful here.
10) Copyright Notices for Songs. Be sure that the liner notes contain the correct copyright notices for all of the songs on the record, i.e., both for your original songs and any cover songs that you are using. Information about copyright notices can be obtained here. Also, make sure that the song credits correctly state for each song the name of the song's publisher and the publisher's performing rights society (i.e., ASCAP, BMI, etc.).
Read the rest of this article on www.musicbizacademy.com
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Saturday, May 29
The Pros & Cons of Signing A Publishing Deal
Cliff Goldmacher is a songwriter/engineer/producer/author and owner of recording studios in Nashville and New York City.
A Little Background Before We Begin…
For those of you that are artists writing your own songs or simply songwriters who don’t perform but who would like others to use their songs, a publishing company is one way of helping you get your music to the next level.
Publishing companies can be huge with hundreds of writers or as small as a single writer but they all share the common trait of trying to find ways to exploit the songs in their catalog by getting artists to record them, music supervisors to use them on television or in movies or any one of a number of other uses. In exchange for marketing a song or songs in this fashion, publishers will take part or total ownership of the copyrights. This is otherwise known as owning the publishing.
For most songwriters in the early stages of their careers, the idea of being hired as a staff songwriter for a publishing company is close to the Holy Grail. It represents that most coveted prize of industry recognition and validation of your talent along with a gateway to cuts, movie placements and any one of a number of other exciting possibilities. However, keep in mind that wanting or entering into a relationship with a publisher in order to simply validate your talent is probably not the best approach. As with any business relationship, it's essential that you, as the songwriter, understand what you're giving up as well as what you stand to gain by signing over partial (or complete) ownership of your copyrights to a music publisher.
To read the rest of this article on tunecore.com
What's your take... leave your comments below.
A Little Background Before We Begin…
For those of you that are artists writing your own songs or simply songwriters who don’t perform but who would like others to use their songs, a publishing company is one way of helping you get your music to the next level.
Publishing companies can be huge with hundreds of writers or as small as a single writer but they all share the common trait of trying to find ways to exploit the songs in their catalog by getting artists to record them, music supervisors to use them on television or in movies or any one of a number of other uses. In exchange for marketing a song or songs in this fashion, publishers will take part or total ownership of the copyrights. This is otherwise known as owning the publishing.
For most songwriters in the early stages of their careers, the idea of being hired as a staff songwriter for a publishing company is close to the Holy Grail. It represents that most coveted prize of industry recognition and validation of your talent along with a gateway to cuts, movie placements and any one of a number of other exciting possibilities. However, keep in mind that wanting or entering into a relationship with a publisher in order to simply validate your talent is probably not the best approach. As with any business relationship, it's essential that you, as the songwriter, understand what you're giving up as well as what you stand to gain by signing over partial (or complete) ownership of your copyrights to a music publisher.
To read the rest of this article on tunecore.com
What's your take... leave your comments below.
Thursday, May 27
IdOMusic® Networking Event // Next Week! // June 3rd
Thursday, June 3rd 2010
10-2am
VENUE INFORMATION:
595 North Event Venue & Lounge is located at 595 North Avenue, Atlanta, Ga 30318 (right off of Northside Drive and North Avenue)
CLICK HERE for Directions: http://tinyurl.com/yzvb94p
HAPPY HOUR!!!
Come early and enjoy $5 drinks and food // 10pm - 11pm
Go to http://www.595north.com/ to view the menu!!
ADMISSION: $12
-Student Discount w/ I.D. - $10
****THIS IS AN 18+ EVENT!!
THE PANEL: “The Role Media Plays In The Music Business Today”
THIS MONTH'S PANELISTS INCLUDE:
Maurice Garland(MauriceGarland.com, Ozone, Freelance)
Lola Plaku(Creator, Developer, Writer, Iluvlola.net)
John Gotty(Writer, Creator of Smokingsection.net)
Ismael AbduSalaam(Freelance Writer, Allhiphop.com)
Rodney Carmichael(Music Editor for Creative Loafing)
SPECIAL FEATURE: "SUPER PRODUCER NEEDLZ (G-Unit, Drake, Young Jeezy, Jada Kiss, Busta Rymes, Swizz Beatz, etc) WILL BE PLAYING SOME OF HIS NEWEST BEATS AND LOOKING FOR FRESH NEW TALENT at this edition of IdOMusic®!!!
BUY TICKETS HERE >>>>> http://idomusicevent.eventbrite.com/
What's your take... leave your comments below.
RECAP: IdOMusic® Event (May '10) // Next Up... JUNE 3RD!!
NEXT INSTALLMENT >> THURSDAY, JUNE 3RD
What's your take... leave your comments below.
What's your take... leave your comments below.
Wednesday, May 26
T.I. Speaks Of Beginnings @ Patchwerk
T.I. speaks of humble beginnings at Patchwerk Studios at 4:08
What's your take... leave your comments below.
What's your take... leave your comments below.
Investing In Yourself!
Knowledge = Power. What better thing to invest in other than yourself? You are an invaluable asset that cannot be duplicated; act like it. If you want success and to be able to be compared to the greatest of the greats than you and/ or your product needs to reflect just that. Greatness. One of the biggest hurdles are the financial ones but using that as a crutch will get you nowhere. Many people work dead-end jobs that aren't their particular choice just to make ends meet. This lifestyle is indeed an expensive one but if you want it, take it. For instance all music makers should be affiliated with a PRO. The PRO's are performing right's organizations; ASCAP, BMI, and SESAC. These organizations have several purposes such as aiding in your development but most importantly they're the people that make sure you get paid if your name is on something! All which is elementary information to our usual blog followers.
Producers & Engineers: If you're making beats and you feel comfortable using FL Studio that's fine but be familiar with the industry standards such as Protools and Logic. Don't let the deciding factor be who knows how to use certain technologies. Make yourself an incomparable asset to anyone. Be versatile with the genres you make as well. Attempt to make music to appeal to more than just one demographic. By doing so you are allowing yourself to reach so many different markets and people; the possibilities for you and your career can be ENDLESS!
Artists & Songwriters: If you're product is a song; make that song the best it can quality wise. Take the time to get it either professionally recorded and or mastered. Of course some of you have a pretty good set ups at your home but keep in mind these people who mix, master, and record do it to a professional standard. That's where you need to be. Don't be weary of spending money to make sure the quality of your product is the best it can be. Just ask yourself if you're worth it.
As I stated before, Knowledge = Power. Take the time to learn all you can about your craft. If you need to watch instructional videos on Youtube on learning how to use Logic do that. Be sure to look for ways to make yourself and what you represent better. This business is constantly changing, don't let a few dollars be the reason why you fell behind. Find educational seminars and go with an open mind such as our monthly IdoMusic Networking event. If you think you've heard it all before than that's exactly what you'll learn. The possibilities are endless if you allow yourself to seek out each avenue openly. Always remember, you're worth it.
What's your take... leave your comments below.
Tuesday, May 25
5 To Do's When Submitting Music To Anyone
1. HAVE CONTACT INFO AVAILABLE!
When submitting your beats to a songwriter/artist/industry professional anywhere it is critical to include the CORRECT contact info. Once you place that CD in someone's hands you no longer have control of its destiny. They could pop your CD in their car as soon as they get in and love it right away but you have to exhaust all possibilities. What if they don't? What if they find your CD months later and start to bob their head like "Ok!" Problem= Who's CD is this? How do I reach them? If your contact information is either non-existent or not current there goes one of your chances.
2. MINIMIZE TAG LINES!
Some may not see it as such but believe it or not the tag lines become very ANNOYING!! Imagine being a songwriter trying to write and get inside a beat and your thought process is constantly being interrupted by "SUPA HOT BEATZ PRODUCTIONS!!!" Some might just flat out give up on it. Another thing, if you submit to an industry professional in attempts to get them to use it; your basically saying "I don't trust you and believe you might steal my work" which makes them not want to work with you. Remember as copyright law states, " Once the work is in a tangible medium, such as paper or a file on a computer, it is copyrighted to a degree." Stay protected and you'll be fine.
3. HAVE A PLAN!
There's no telling who anyone is anymore. You could be shopping for cereal at the store and run into someone who can potentially change your life forever. Be prepared for it. Whether it be with business cards, a spiel, or just over all comfort and confidence in yourself and what you do. No one is going to believe in if you don't; be sure to possess all that you want to embody.
4. FOLLOW UP!
Don't leave anything to chance. Get their contact and follow up with them. Show how serious you are about yourself and your craft. Another possibility, we're all human and humans forget! Be sure to exhaust all your possibilities before you move on to another opportunity. You'll be surprised at how far just following up can get you.
5. BE PROFESSIONAL!!!
Maintain all professionalism when meeting anyone. Even if this person is not a potential match for you or your brand you have still left an impression in their mind of you. They could meet you and think you're great but not have anything they can bestow upon you at the time but might run into someone who can. Being respectful and maintaing a quality relationship with someone can generate a potentially constructive relationship in the long run.
What's your take... leave your comments below.
OMG! He's a beast!
Ok so if you've seen our flyers then you've probably noticed the drummer dead in the center of the "details" side. Just incase you thought this was just a cool-looking piece of clip art that we found on google here's real-life proof why we endorse this guy...
This video's a couple months old but it's still RIDICULOUS!
Lil Wayne ft. Eminem – Drop The World (ALIen Remix) from VISUAL VINYL on Vimeo.
What's your take... leave your comments below.
This video's a couple months old but it's still RIDICULOUS!
Lil Wayne ft. Eminem – Drop The World (ALIen Remix) from VISUAL VINYL on Vimeo.
What's your take... leave your comments below.
MEET PRISSY (Songwriter)
Singer, Songwriter Prissy Polet is showing why she's someone you should be trying to connect with. Hit her up at @PrissyPolet on Twitter or watch more of her CRAAAZZIIEEE adventures on http://www.youtube.com/user/THISISAHITHITHIT
IdOMusic® // Bringing Together The World's Music-Makers
What's your take... leave your comments below.
Affix Makes Music Licensing EASY-AS-CAKE
I recently caught up with the guys over at Affix Music and after hearing about all the great things they're doing with their new music licensing company it's no wonder why it seems as if EVERY SINGLE ONE of the the artists, and producers I know of are jumping on this. Checkout their site... If you're into making money with your music you'll know what to do when you get there. Click on the Image ...
What's your take... leave your comments below.
What's your take... leave your comments below.
Sunday, May 23
MTV: In The Lab With Zaytoven
Zaytoven - Sucker Free - MTV Shows - Zaytoven - Sucker Free - MTV Shows - Zaytoven - Sucker Free - MTV Shows
What's your take... leave your comments below.
Tips to Sell More Online: iTunes Tips
Create an iMixAn iMix is a playlist that you’ve chosen to publish and make avail- able to others in the iTunes Music Store. To get your music to surface and be discovered more, cre- ate an iMix (or many many iMixes) with a few of your own songs (say three or so) and other songs (we suggest 9 or so) by more popular artists in the same genre. These iMixes will surface at the other artist’s album iTunes pages as well your own, allowing a fan of the other band to discover you.
In addition, give your iMix an interesting name (as opposed to “Cool Songs I Like”), name it something like, “Music to Break Up To,” or “Songs that Morrisey Wishes He Could Write.” Clever titles catch peoples’ attention.
The more iMixes you seed into iTunes, the higher the probability you will be discovered.
Read the rest of this article here
What's your take... leave your comments below.
Tuesday, May 11
Who's Werking?
| |||||
|
| Name | What Do You Do? | What Are You Looking For? | |
| LuLu Fu | lufulu@hotmail.com | A&R | Artists |
| ShepOne | shepone08@yahoo.com | All | |
| FB | miller.j914@yahoo.com | All | All |
| Nephiso | nephi50@gmail.com | Artist | |
| Antwoine Alvarez | stackedupentertainment@yahoo.com | Artist | Producers |
| Ben Real | ben_dominic@yahoo.com | Artist | Producers |
| Antoinette Pcikett | never_to_muchzoo@yahoo.com | Artist | Everything |
| Tariq Mahdi | childofgenius@yahoo.com | Artist | Everything |
| Abdul | gammasuncle@yahoo.com | Artist/Songwriter | Producers |
| Jen Lyles | jlylesbusiness@yahoo.com | Business Executive | |
| Eazel | gp_ent2010@yahoo.com | COO | |
| Jamaal Morgan | jamaalR_morgan123@hotmail.com | Engineer | Producers |
| James Jaycox | jamesjaycox@gmail.com | Engineer | |
| Ryan Moore | ryan_warrick85@gmail.com | Engineer/Producer | |
| Ali Powell | Ali_powell2002@yahoo.com | Everything | Everything |
| Rodger Young | rodger28@hotmail.com | Executive | Artists, Producers |
| Monique Edmonds | nice4life64@yahoo.com | Executive | Artists, Producers |
| Leonard Taylor | lt@aol.com | Executive | |
| Chastity | cmariodavis22@yahoo.com | Graphic Designer | |
| Vijay Raju | vkraju86@gmail.com | Hip Hop | Managers |
| Abib Jahleel | abibjahleelmusic@gmail.com | Hip Hop | Managers |
| Cavario H. | cavarioh@aol.com | Hip Hop Magazine | Writers/ Publishers |
| Bradon Kuske | bradonpkriske@gmail.com | Manager | |
| Zac Garcia | zac.garcia@gmail.com | Manager | |
| flex | flex7878@yahoo.com | Manager | |
| Noel Allwood | nallwood13@aol.com | Manager | Producers |
| Adonis | adonisgotbeats@gmail.com | Manager | |
| Foday Icam | foday715@gmail.com | Manager | |
| Pebbles | mitchwllmanagers@yahoo.com | Manager | |
| Marlon R | marlonwra@gmail.com | Manager/Photographer | Artists/Producers |
| Sean E Boy | force.ent2009@gmail.com | Producer | Artists |
| I Que | ique_music@yahoo.com | Producer | Artists |
| Big Hurt Tracks | bighurtracks@gmail.com | Producer | |
| Peter McCurar | good73p@hotmail.com | Producer | |
| Brandon Hodoh | schoolboyzmg@gmail.com | Producer | Engineers/Managers |
| Nelson Birdsong | ufpmusic@yahoo.com | Producer | Artists |
| Kbeatz | kbeats18@yahoo.com | Producer | Managers |
| Bobby | bobbydujuan@gmail.com | Producer | |
| Groove | groovetracks@yahoo.com | Producer, Drummer | |
| Jamal | ihandlebars@gmail.com | Producer, Engineer, Percussion | |
| Maurice Warner | avenjersound@gmail.com | Producer, Songwriter | |
| Dredrick | dredlane@aol.com | Producer/Drummer | |
| Brandon Simmons | brandonsimmons4@gmail.com | Producer/Songwriter | Artists/Songwriters |
| Money | mrmoney@checkmaterecordsonline.com | Publisher | Songwriters |
| Renita Holyfield | legittpublishing@yahoo.com | Publisher/Artist/Writer | |
| DJ Herb | herbmix@gmail.com | Radio/Producer | |
| Elie | elieallmytec@gmail.com | Rapper | |
| Sky-C | schyler34@hotmail.com | Singer/Songwriter | Artists |
| Sukkii Pretty | sp@yahoo.com | Singer/Songwriter | Producers |
| Aaron | brownaaron53@yahoo.com | Singer/Songwriter | |
| Reka Walkup | songsbyreka@yahoo.com | Songwriter | Vocalists/Producers |
| Kirby | kirbythahottest@gmail.com | Songwriter | Artists |
| Rontez J | Songwriter/Producer | ||
| FLACO | youngflaco1@yahoo.com | Songwrtier, Artist | Producers |
| Taliah | taliah.miller@gmail.com | TV Producer | |
| Greg | greg.colemanjr@gmail.com | Writer/Producer | Artists |
| Al | alharris@hotmail.com | ||
| T Davidson | terry@pictureworkstv.com | ||
| Sir Tam | sirtamaka757@yahoo.com | ||
| Willie Wilson | willie.wilson.197@live.com | ||
| tommie | tommiebrooksy@gmail.com | ||
| Anthony | anthonyemith@gmail.com | ||
| Kantrell | kantrell724@yahoo.com | Artists | |
| Kareem | pollandkareem@hotmail.com | ||
| Clarence McKiever | solident2001@yahoo.com | ||
| Vinny Nisco | vinnywisco@gmail.com | ||
| Brandon Block | brandon.blount@yahoo.com | ||
| Tiffany Eley | bklyntek@yahoo.com | ||
| Saddique | saddiquebrown@gmail.com | ||
| Cee | hoodaffairs@comcast.net | ||
| Sean | hoodaffairstv@gmail.com | Artists | |
| Tyeece | clockworkraun@gmail.com | ||
| Carm | mochadayziche@yahoo.com | ||
| Claressia | claressiawms@comcast.net | ||
| Eric Peterson | manager@mandownip.com | Managers | |
| Jayda B | jtbrown8806@yahoo.com | ||
| Bibzy | sinalyhabib@hotmail.com | Producers | |
| Randy Young | randyyoung@gmail.com | ||
| Hot Nicks | geniciderecords@gmail.com | Everything | |
| A Mahdi | lionpaw08@yahoo.com | ||
| Ron Lewis | rrlewis@mac.com | ||
| Lisa | lisawatt411@gmail.com | Managers | |
| Stan Crum | |||
| Dedrick K | diamontk1949@yahoo.com | ||
| Willie | williechinn@gmail.com | ||
| Denue | coldmad4@gmail.com | ||
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