Friday, August 27
Music Marketing & Promotions
Research – it’s amazing to me that people don’t spend more time looking into where they want to be, who they want to write about them and what other groups, brands or niches they should be in contact with. This process includes making a methodical list of your existing relationships and how they can be leveraged to make new ones as well as just making lists of different types of people you need to contact. What other bands in neighboring markets do you need to know who are on your level or slightly above? What club owners do you need to meet? What blogs write about artists of your genre and stature that really need to be writing about you? What message boards, festivals, meetup.com groups or other gatherings do you need to be a part of to make this work? If you don’t know – that’s step one – go find out by doing your homework and seeing what people who are just slightly ahead of you are doing that is working for them.
Marketing Materials- In addition to having all of your content together and a sketch or your next several months of activity I think many artists forget about getting their pitch materials tight. Sure – you can approximate many of the sales functions that used to be handled by the sales departments at record labels (at least digitally) by getting your new music distributed through tunecore or reverbnation or partnering with one of the aggregators and of course – making sure that the positioning of your products is front and center on your homepage and social network pages but that doesn’t mean the “selling” is over. To make this work you are going to pitch yourself over and over again and you had better get a form letter, a one sheet and / or bio about your project together ASAP to make you sound as good as possible. You will be pitching yourself to journalists, club promoters and other bands over and over again – Sharpen your pitch and have marketing materials ready to go long before your release date.
A Reasonably Paced Rollout plan – I see people trip over this one all the time. An artist or band has a new record coming out so they quit their jobs, max their credit cards on several weeks or months worth of promotional efforts and throw all of their resources behind one of their early releases. This is a surefire way to land yourself in trouble. Don’t quit the day job just yet, don’t plan a US tour when you’ve never left your home market and don’t spend all of your money around a six week push of an album. Your career has to be sustainable – sure hiring the philharmonic to back you on your CD release show could help you move the needle with local press but you had better make sure that you are not breaking the bank because at the end of the day you have to figure out a way that you can continue to make live and recorded music on a regular basis – invest in that first. Regional touring, home recording gear and cultivating relationships with studio owners and producers are great spends of your money and time. It is about building a house one brick at a time not about going to get a gold plated roof when the foundation isn’t built. Pick a few markets you need to start with, find a touring schedule (or webcast schedule for that matter) that has you maintaining contact with your home market on a regular basis and slowly expanding in concentric circles outwards. You have to figure out a way to make music, video and content related to your art on a regular basis and for most of us this means finding a way to be consistent with a slow and steady approach.
For more info on articles like Music Marketing & Promotion visit Rick Goetz website.
What's your take... leave your comments below.
Thursday, July 22
Make or Break Management
The Contract That Will Change Your CareerThe Contract That Will Change Your Career
By: Adam Barnosky
July 2010
"EVERYTIME YOU TALK TO ME, you're ten percent smarter than you were before, so I just add that ten percent on to what all the dummies charge for nothing." -Albert Grossman, the legendary 1960s rock manager, explaining why his commission rate was ten percentage points above the industry standard of fifteen percent. In 1961, Bob Dylan was unknown, living in a tiny apartment in New York City, scraping his way into the packed open mics of Greenwich Village. Just two years later, Dylan was touring internationally in support of his third album. The business success behind his career was in the hands of one man: Albert Grossman. Grossman was, by all accounts, a quintessential talent manager: brash, sharp tongued and impeccably dressed, in fervent pursuit of his two most prized passions - money and the success of his clients. In other words, Grossman was everything you'd want in a manager. He may have been expensive, but he was worth every penny.
A manager can make or break your career. There are both practical and legal considerations to keep in mind when determining whether the time is right for management. Two of the practical considerations are (1) finding a manager and (2) finding the right manager. Regarding the former, large management companies actively pursue artists for their roster and rarely accept unsolicited material. However, artists can find management from a variety of other sources. While many managers have tested track records, some transition into the field from other avenues. The White Stripes (Ian Montone, former music attorney) and The Strokes (Ryan Gentles, former venue booking agent) found management from alternative sources. Search the connections you already have and keep a keen eye on those who might provide proper guidance.
The manager that could change your career trajectory could be right under your nose. Regarding the latter, the right manager has to be someone you can trust. While this seems to be common sense, the music world is filled with stories of swindlers and thieves who prey on the faith of their talent (see Lou Pearlman and Allen Klein, prominent rock managers fired by their artists for unsavory - and costly - business practices). After you've decided on a manager (or have been pursued by one), here are a few legal stipulations to keep in mind. While there are dozens of provisions within a properly drafted management agreement, below are some of the more significant terms to consider.
1. Term: Your agreement needs to be long enough for management to achieve its initial goals (a year or more for new artists). However, be wary of terms that are indefinite or bound you to a manager for several years without an exit strategy. The agreement should be mutually beneficial: if management is advancing your career, it should be rewarded and the relationship should continue. However, if management is not performing what is required, there should be a framework set for terminating services within a reasonable timetable.
2. Commission: The industry standard for music managers is usually fifteen percent. This number reflects the gross (not net) of proceeds, which means your manager can take home a hefty paycheck, especially in comparison to any individual band member. A manager's reputation and past successes can reflect his or her take. In essence, a great manager is worth a higher percentage, at least initially, based upon the power of his or her phonebook and clout within the market (see Albert Grossman, above).
3. Sunset Clause: This clause is one of the most important in your management contract and deals with what percentage your former manager will be paid subsequent to his or her representation. Essentially, a manager will be paid for a certain amount of years for the deals entered into under their management contract. Generally, the manager's commission lowers every year following the end of the contract. If your sunset clause is too generous, your gross income could be docked between thirty to forty percent before you see a dime (imagine paying alimony to several ex-spouses).
4. Number of Clients: Attorneys are bound by the Model Rules of Professional Conduct, which prohibit a lawyer from taking on more clients than he or she can handle. For better or worse, managers are not bound by ethical standards. To avoid being the neglected child, it may be wise to include a stipulation in your contract regarding the number of other clients the manager may sign while under your agreement (and to include a term stating that your manager will use "best efforts" in his or her representation).
DISCLAIMER: The information contained in this column is general legal information for educational purposes only. Any use or reliance on this column does not create or constitute an attorney-client relationship.
Courtesy of performermag.com
What's your take... leave your comments below.
Tuesday, June 29
Music Licensing: Happy Birthday = $$$$
The words "Happy Birthday to You" were first seen in print in 1924, although the author is unknown. Copyright was registered in 1934 in a court case involving a musical called "As Thousands Cheer" by Irving Berlin. The Clayton F. Summy Company became the song's publisher in 1935. Through a series of purchases and acquisitions, the song now belongs to AOL Time Warner. ASCAP represents the song for public performance licensing.
The copyright to "Happy Birthday to You" should have expired in 1991, but the Copyright Act of 1976 extended it, and the Copyright Term Extension Act of 1998 extended it again, so the song is protected until 2030 at least.
"Happy Birthday to You" brings in about $2 million per year in licensing fees according to this article. If you ever hear the song in a movie, TV show or commercial, a licensing fee has been paid. Any manufacturer making a toy that plays the song pays a licensing fee. The manufacturer of any musical card playing the song pays a licensing fee. And so on... This 6-note song is big business!
Source: HowStuffWorks
What's your take... leave your comments below.
Thursday, June 24
What Not To Tell An A&R
What's your take... leave your comments below.
Borrowing from Legends
Inspiration vs. Theft in copyright lawBy: Adam Barnosky
Julian Casablancas did not likely have the United States Copyright Code in mind when he penned the introductory measures to "Last Night," the first single from the Strokes' 2001 certified-gold album Is This It. Although his heavy-handed lifting from the Tom Petty original "American Girl" may seem akin to stealing, no legal action resulted. In fact, Petty himself acknowledged the similarities in a 2006 Rolling Stone interview, stating, "It made me laugh out loud. I was like, 'OK, good for you.' It doesn't bother me." Other artists, however, have not been so lighthearted. It was only a few years back when Yusuf Islam (formerly Cat Stevens) threatened to sue the Flaming Lips for copyright infringement after Islam claimed the song "Fight Test" ripped off his 1973 classic, "Father and Son." Islam won out, and according to the terms of an agreement between the two artists' publishing companies, the Flaming Lips have agreed to split all royalties derived from the song.
It is not uncommon for artists to find themselves in the center of copyright litigation. It is also not uncommon for the infringement to stem from what was - for the artist - only a moment of divine inspiration. Certainly, there are times where components of a song are so reminiscent of another that infringement is easily discernible (see George Harrison's 1971 hit "My Sweet Lord" and the Chiffon's 1962 classic "He's So Fine"). There are also times when infringement is less axiomatic. In a third set of circumstances, infringement, while easily identified, is never litigated (see Killing Joke's 1984 song "Eighties" and Nirvana's "Come As You Are"). So where is the line drawn between "inspiration" and "infringement"? And as an artist, how do you know when the line has been crossed?
The United States Copyright Code defines infringement, in part, as "anyone who violates any of the exclusive rights of the copyright owner." Exclusive rights are the rights to claim authorship of that work, the right to distribute to the public, and the right to prevent the use of his or her name as the author of any work of visual art which he or she did not create, among others. Copyright protection exists in original works of authorship for the life of the author plus 70 years (if the work was created after Jan. 1, 1978).
While the complexities of the copyright code are vast, here are some general rules of thumb to avoid infringing on the exclusive rights of a copyright owner:
Song Titles: Generally, song titles are not copyrightable due to a lack of expression (different songs entitled "I Miss You," for example, have been recorded by over a dozen artists). Be cautious, however, of naming your composition after a creative or uniquely famous song title as this may be grounds for infringement.
Melody: Absolutely copyrightable. However, as the judge wrote in Selle v. Gibb (1983): "Simple, trite themes are likely to occur spontaneously and only few suit the infantile demands of the popular ear." While insulting the tastes of pop music enthusiasts, the judge acknowledged a certainty in popular music: some songs simply sound alike.
Lyrics: Copyrightable, but this depends on creativity and uniqueness. (The lyric "I love you" is likely not copyrightable, where the phrase "Picture yourself in a boat on a river, with tangerine trees and marmalade skies" certainly is).
Sampling: Illegal without authorization, for now. The industry is loosening its restrictions and while many artists are operating without legal threat from record companies (i.e. Girltalk), some artists continue to find themselves under fire (i.e. Danger Mouse's The Grey Album).
Harmonies, Bass Lines and Drum Beats: Copyrightable, except when they're not. Like lyrics, this depends on the degree of creativity, uniqueness, placement within the song and other components.
Finally, two lessons that should always be on your radar: First, don't steal. An artist needs to walk the fine line between inspiration and infringement. Infringement can include hefty civil damages, fines and imprisonment (in 2000, the Isley Brothers were awarded $5.4 million after a jury found Michael Bolton took the title and several phrases from their song, "Love Is A Wonderful Thing").
Second, protect yourself. Have your work filed with the United States Copyright Office. While registration is not a condition for copyright protection, it is important to note that (1) you may not sue for infringement until a work has been registered and (2) a work must be registered prior to the infringing acts in order to receive statutory damages.
Adam Barnosky is an attorney specializing in small business development, intellectual property, licensing and civil litigation. He has worked with musicians, actors, and playwrights in Boston and New York City. He can be reached at abarnosky@boballenlaw.com.
DISCLAIMER: the information contained in this column is general legal information for educational purposes only. Any information herein should not be construed as legal advice to be applied to any specific factual situation. Any use or reliance on this column does not create or constitute an attorney-client relationship.
Source: performermag.com
What's your take... leave your comments below.
Friday, June 18
Contract Basics

WHAT IS A CONTRACT? A contract is a series of promises between two or more parties. Since it’s legally a binding when you write a contract, you’re creating a law. The law only applies to those who sign it and it will be upheld by court. In order for an agreement to be considered a binding obligation or contract, there are 5 points which must be present:
1) ALL PARTIES MUST BE LEGAL.
2) THE CONTRACT CANNOT CALL FOR ILLEGAL ACTS.
3) THE LANGUAGE MUST BE CLEAR AND UNAMBIGUOUS.
4) THERE MUST BE CONSIDERATION.
5) THERE MUST BE MUTUAL AGREEMENT.
WHAT ARE ORAL AGREEMENTS? There are several reasons why it is better to have a contract in writing, ORAL AGREEMENTS have one distinct advantage over written ones- oral contracts are much easier to enact. When you hand a $20 bill to the gas station attendant and say, “pump 5 please,” you’ve entered into a legally binding contractual agreement. When it comes to dealing with a business deal it is better to get it in writing (CONTRACT). The pitfalls of an oral agreement- regardless of whether it’s legally permissible should be obvious. Even if you’re not worried about the other person lying, he or she may have a different understanding of what you agreed to, or you may forget exactly what was discussed- then it gets very difficult to prove anything.
Here are some basic REASONS of why people go into an agreement/contract.
- Producer/Artist agreement
- Manager/Artist agreement
- Producer/Producer agreement
- Record labels/Artist agreement
Saturday, May 29
Releasing Your Own Record: A Legal Checklist
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
What's your take... leave your comments below.
The Pros & Cons of Signing A Publishing Deal
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.
Tuesday, May 25
Affix Makes Music Licensing EASY-AS-CAKE
What's your take... leave your comments below.
Monday, June 2
Tip: Decide if Exclusive or Non-Exclusive Rights are Better for You

Producers and Songwriters, before selling the rights to your beats or songs, you should consider whether selling them exclusively or non-exclusively is better for your situation. Both options have benefits and downsides. So how do you decide which is better for you?
A good way to determine if you should give away your product exclusively or non-exclusively may be based on the following questions:
a) How likely am I to use the piece again?
b) How long it takes me to write the song or make the beat?
c) What is the shelf life of my song or beat?
d) How much money do I want to make and how fast?
Exclusive rights grant the customer the right to use the beat or song for all commercial recording purposes. A contract is typically received by the client disclosing their rights to the piece. It is important to note that granting a client exclusive rights to a beat or song does not entitle them to any portion of your publishing rights. However, exclusive rights are sold only to one party and may not be resold to anyone else. Once full rights for a beat are purchased, the beat will be taken off the market.
- The Benefits: You will be able to sell your beat or song for a higher profit than if it were non-exclusive.
- The Downsides: You will not be able to use this beat or song ever again. Also, selling the beat or song exclusively gives the customer full creative control allowing them to go against your original vision for the piece. This is important to consider as producers and songwriters usually have strong ideas about where they want the music to go creatively.
Non-exclusive rights grant the client the rights to use a beat or song for all commercial recording purposes, however these rights can be extended to more than one person at a time. The beat or song will still be available for purchase and the same rights may be given to anyone else who purchases it non-exclusively. It is important to note that once a beat or song is sold non-exclusively it cannot be sold exclusively. Doing this will cause a breach, on the sellers part, in both contracted agreements.
- The Benefits: Non-exclusive contracts are better for one-time demos and low budget albums because they serve the primary purpose of the project without breaking the bank. Financially speaking, as a producer or songwriter, you can resell your non-exclusive piece over and over again creating repeat profit. In the long run this strategy has the potential to generate a large income.
- The Downsides: You will usually sell non-exclusive pieces for less than you would an exclusive one, generating less upfront profit. Also some people may not want to buy your non-exclusive beat or song once they have found out that a number of other people have already used it.
There are other ways you can structure your selling agreement to be more flexible but these options are beyond the scope of this article. For more info on Leasing exclusive versus non-exclusive rights check out the following links:
http://www.associatedcontent.com/article/195142/exclusive_vs_nonexclusive_content_which.html
http://www.writing-world.com/rights/rights.shtml
Thursday, May 1
Get the Right Type of Endorsement

In any case, an endorsement serves one purpose - To give credibility to your name, product, and service or brand....and we all need to take advantage of its power.
If you are looking for a good read on testimonials check out Referenceforbusiness.com, which talks about the different types of endorsements there are, such as Testimonials, Celebrity Endorsements, Expert Endorsements, Consumer Endorsements, and Organization Endorsements. Another good useful site on endorsements is frugalmarketing.com. Frugalmarketing.com explains how to get great testimonials even if you’re just starting out.
Another great site, Innovations-report.de, talks about how and why celebrity testimonials may not be the powerful endorsement some may deem it as. I’ve listed some of these sites below as well as some related topics you may need in helping with securing your endorsements.
Related topics:
Check out these links for more on Endorsements.
- http://www.referenceforbusiness.com/small/Di-Eq/Endorsements-and-Testimonials.html
- http://www.frugalmarketing.com/dtb/nixtestimonials.shtml
- http://www.innovations-report.de/html/berichte/wirtschaft_finanzen/bericht-79659.html
- http://www.businessknowhow.com/marketing/third.htm
-T. Elise Brown
Tuesday, April 1
Music Business-How To Get Your Foot In Quicker
A quality engineering education may get your foot in the door quicker!
Before even attempting to get your foot in the door at a reputable recording studio such as at PatchWerk, you better believe you will need to have some sort of educational background from a reputable audio engineering program first. We spoke with one of
PatchWerk’s current engineering intern’s Blake Cameron, and he gave us a little insight into some of the best programs out there for aspiring engineers and producers.Blake’s top three schools of choice are Expression College for Digital Arts (Emeryville, CA), Full Sail Real World Education (Orlando, FL), and his Alma Mater, The Conservatory of Recording Arts and Sciences (Tempe, AZ).
According to Blake, The Conservatory has a maximum of 12 students per class. “You get more hands on, more one on one time with the instructor; they have a mandatory 280 hour internship as part of the curriculum; they are the only school who offers that. They place you and its mandatory.” Blake went on to explain that their program helps students with anything they need, and even after graduation, they can help find a job or work.
Expression’s Bachelor of Applied Science has an accelerated degree program and can be completed in about 2 ½ years. You can be in and out, working in the industry, doing what you
love – sooner. Classes are small, taught by industry professionals, and the equipment is professional-grade.Similarly, Full Sail, where PatchWerk’s close affiliate; Leslie Braithwaite graduated from, awards associates, bachelor's degrees, and master's degrees after 12 to 21 months of an accelerated education. Full Sail Real World Education is a private, for-profit university, geared toward the entertainment industry and known for its around-the-clock schedule. It offers degree programs in Computer Animation, Digital Arts & Design, Education Media Design & Technology, Entertainment Business, Film, Game Art, Game Development, Music Business, Recording Arts, and Show Production & Touring, Web Design & Development.
For more information on these and other audio engineering programs click on any of the following links.
- http://www.aes.org/education/
- www.expression.edu/
- www.fullsail.com/
- www.cras.org/
- http://en.wikipedia.org/wiki/Audio_engineering
Write Off Your Music Expenses On Your Taxes.

*Tip*
As we all know, tax season can be bitter and it can be sweet. Bitter of course, when we owe money or have to endure long hours of paperwork. Sweet obviously when we can get refunded a large chunk of change. J. So for those songwriters and musicians out there who have not already filed your returns this year, you've lucked out because, you've got one month left to take advantage of this tip I've got for you. This one may be sweeter than that cup of red bull you spilled in your marble composition notebook after a late night in the lab.
According to trowbridgeplanetearth.com, as a songwriter you can deduct all your taxes directly attributable to your writing, e.g. pens, paper, cassette & CD blanks, instruments, travel, professional membership fees, and so on.
Trowbridgeplanetearth.com gives answers to all your burning questions such as whether or not songwriting is considered a business, how to get extra forms needed for filing, if individual band members should be responsible for their own 1099’s and much more!
To find out more info about how to file your taxes as a songwriter, please visit
http://trowbridgeplanetearth.com/IRS/WrtrTaxTips.html


