MesaSand Blog

Now publishers are getting into your pockets...

Sun, 1 Aug 2010 12:08:39 -0700

You think a publisher will save you from the greedy advances of record labels? Think again...

Music Publishers Copy Major Label 360 model

If you’re not familiar with them, a 360 deal means that in addition to record sales and royalties, labels attempt to pick up a percentage of an artist’s revenue from touring, merchandising, personal appearances and other revenue streams. Their rationale is that the process of producing and promoting a new CD project is SO expensive and SO risky, they must share in all your income sources to offset the risk.

Remember when publishers just held on to your songs and issued licenses and checks? (Well, maybe you don’t.) Well, not anymore. Now apparently music publishers are picking up on the record label model and going after the same revenue streams - in direct competition with the label, I might add.

But what most artists don’t realize is these contracts may be good for them - because they may be relatively easy to get out of later on. A number of 360 deals that have been invalidated have come because of a key allegation that can commonly be leveled at the labels. For example, if the label wants a piece of your merchandising, then they must “actively promote” and engage in the process to increase merch revenues. If they do not (and most labels don’t), it is a potential opportunity to declare a breach in the contract. At the very least, you may be able to remove that one clause from the contract.

File sharing case hits US Supreme Court

Sun, 13 Jun 2010 19:50:43 -0700

Here’s an interesting read about illegal file sharing, and RIAA’s efforts to set statutory damages.

Music Think Tank: Maverick Recording Company vs. Whitney Harper

Whitney Harper is one of the 40,000+ targets of legal action the RIAA has brought against ordinary Americans in downloading music for free.

It comes down to a 16-year old girl downloading songs from KaZaa, technicalities with copyright notices, and the RIAA pushing to create high statutory damages. The reason is that if the labels do not ask for anything above that, then there can be no legal question as to the severity of damage done by filesharers. There can be no questions of constitutionality, exorbitance, injustice, or impropriety. If this decision stands, then file sharing cases will become a streamlined, disinterested, purely mechanical process.

The interesting part is the “innocent infringer” clause. Defendant claims they never saw any copyright notices on her MP3 files and never saw them on a CD, because the nearest record store is over 100 miles away. Could have a lot of implications for music consumers.

Labels pushing 360 deals

Tue, 29 Dec 2009 19:58:40 -0800

Thanks to Tahsan Scott for sending me this link from Yahoo News.

Record Labels Seeking Profits in T-shirts, Tours

NEW YORK (Reuters) – Ravaged by dwindling music sales and rampant piracy, major music companies are bulking up expertise in an area of the business they used to ignore: T-shirts, baseball caps and other artist merchandise. Read more here...

In a nutshell, labels are struggling - no real surprise to anyone in or around the business. But what you didn’t know is this: labels are now working to get a piece of artists’ merchandising and touring income - an unprecedented move in music history.

Traditionally, labels were only really concerned in record sales and publishing. But after whining about not making enough from downloads (despite the fact the labels keep about 80 of your 99 pennies from iTunes), now they’re coming after other forms of revenue - like money from T-shirts, tour income, and even brand licensing.

By the way, the article is kinda disingenuous - it tries to make it sound like the labels are just now coming after licensing income. Fact is, labels have traditionally always taken most or all song publishing. Now labels are after brand licensing income - like endorsements with major products.

The most surprising one-line comment in the entire article stated, “Warner Music now has half of its active artist roster signed up to 360-degree deals sharing in royalties and licensing rights ...” Everybody read that again...HALF its artists are voluntarily signing up to take large portions of other income. Hmm... I guess taking 80 to 100 percent of record income just isn’t cutting it.

All I can say is... It’s a better time than ever to go indie!

The best indie CD of 2009!

Sat, 5 Dec 2009 15:42:45 -0800

When you hear an indie project that simply blows your socks off from the word “Go,” you feel an obligation to pimp it to all your friends! My one-sentence album review? “You’d never guess this was an indie project.”

Santa Fe and the Fat City Horns - When the Curtain Goes Up

In the music scene in Las Vegas, Santa Fe and the Fat City Horns are minor legends. The best evidence is attending one of their shows - it’s not uncommon to see some of the best guitarists, drummers and horn players in town in attendance. Says a lot when a pro player uses a night off to see a band! And as you might expect, many players in Santa Fe are in the top-grossing shows on the Strip - from Better Midler to Donny and Marie, and many more.

It’s no stretch of the imagination to say this 15-piece group could arguably give Tower of Power a run for their money. From the opening title track to the David Foster-inspired ballad “Si Te Vas,” to the blistering finale “I’ll Pack It Up,” performances on the project are impeccable. And the production is world-class, with mixer Steve Sykes at the helm, and Doug Sax from the famous Mastering Lab with the final touches.

This is easily the best indie project I’ve heard in many years - and the best fifteen bucks I’ve spent this year!

The Clash... of technology and music rights

Sat, 24 Oct 2009 14:55:59 -0700

Here's a fascinating discussion of the inherent clash between musicians, artists and other content creators and the new technologies. As companies like YouTube make fortunes on the free content of video uploaders, the emerging trend of the hosts making money while content creators get nothing continues.

The conversation is with Chris Castle, a prominent music business attorney who has been at the center of some of the most significant legal battles since the Internet Revolution began. Maybe his best quote to sum of the new method is:

“...Flickr (i)s an example of the hybrid economy at its finest—creators (including amateur creators) do all the work, and Flickr makes all the money. The same could be said of amateurs and independent artists on YouTube.”

Read the complete article from the President’s Blog on the Songwriter’s Guild of America’s website:

Chris Castle Talks Music / Technology Crossroads

Castle discusses some fascinating aspects of emerging technologies and how the open source movement in software has translated into the cry for free music. In essence, software engineers writing the code for such mega-companies as Google have never held hope of claiming rights to their work, so they reason, why should music creators get to keep it? Isn’t it all for the collective good?

He also re-emphasizes the historical significance of Napster and the creation of the iTunes Music Store, forcing the major music companies respond to the new technology and customer’s increasing demand for new content in new forms - all while preserving the right for creators to be paid for their efforts.

This trend may only be changed when software engineers can be convinced they’re more than just code geeks; they are in fact, “code creators,” who are, in their world of ones and zeros, creative people as well. Oh, what will Google do when their engineers start asking for “points” on their code?

What should your media kit say -- and do?

Sat, 19 Sep 2009 17:33:54 -0700

Here’s a common question I get: “What should I have in my media kit? And what’s its real purpose?”

First, let’s discuss what should be included in the kit.

1. Details on you and your music. Every single media kit should have at least three things in it:
a) Your basic biography, in 1 page or less. It should give details on things like where you’re from, members of the band, basic genre, style comparisons (I know artists hate that, but it’s necessary - just make it interesting). Don’t go into the history of where you were born, how many drummers you’ve had, etc. Short and interesting makes it every time.
b) Discography and performing history. List all previous projects released as the group. If you opened for major touring acts, list it! If you play an decent number of dates per year, list it here, or in your bio.
c) Press photo. It doesn’t have to be color - the basic black-and-white still goes here. If you have additional photos that a website or newspaper can pull down, list the media URL in your materials.
d) Your website address. List it everywhere, on every page!
e) Copies of press articles. Got a mention in Rolling Stone - or even your local paper? Copy and clip all articles you get, and include a few of your best ones.
Now, let’s discuss what a media kit actually does for you. Its primary goal is to get media people interested in you! That means you need to stand out in a giant crowd -- and a pile of other kits on their desk.

In all practicality, the best media kits should accomplish three things:

1. Give a media outlet practical tools they need to start a feature on you. If a newspaper wants to run a story on you, they'll need a photo and some basic information to get started. Notice I said "basic," and that it's to "start" an article - we'll come back to that. The copy itself is designed to:

2. Give readers a glimpse into the heart of the music and the heart of the artist. If someone is reading your bio, that means they don't know you, and are at least mildly interested in you or the project. We have to capture their attention in a few words, and let them see what you're about. Do NOT go on for 10 pages about you, your musical philosophy, your inspirations, etc. (People will care all about THAT stuff when you’ve sold a few million records!) In other words, it's not meant to give the entire story; a well-written media kit is designed to give the reader an introduction to who you are, not tell the whole story. That's because of its third purpose:

3. To entice the reader to know more. I often refer to this idea as “The Nugget." What is the interesting hook in your story? Someone reading your media kit probably has a stack of 100 other kits on their desk; when they pick one up, the whole time they're thinking, "Why should I spend a page in my magazine or 10 minutes of air time on you, rather than the others in my stack?" The goal of the media kit is for them to pick up the phone and call you - either for a feature in a magazine, a concert booking, or to get you on their radio station - because they want to know more. You want to draw them into your story in a meaningful way, and make them realize your message - your story - would entertain and inspire their audience.

For example, read any major artist's media kit, and then read an article on them in a major magazine -- 99.9 percent of the time, the magazine does NOT run the bio word-for-word. Instead, they assign a writer to interview the artist and write a more extensive feature on them. Again, the media kit is mostly to whet their appetite. It's up to you in the interview to fill in all the holes.

In other words, a good media kit makes a point NOT to be exhaustive. It should give a lot of good basic information so the interviewer has a place to go in the interview. If it's all in the bio, why should they bother taking the time to interview you? :-)

Warner struggles to reinvent itself, too late?

Fri, 4 Sep 2009 15:32:09 -0700

Here's an interesting discussion of the struggles of one major music company to reinvent themselves in the new music era.

The WMG Reinvention Continues... But is Time Running Out?

“Warner Music Group is continuing to dial back towards its content and marketing roots, a shift reiterated Friday by Atlantic Records GM & Executive Vice President of Marketing and Creative Media Livia Tortella. ” Read Entire article »

Tortella even goes so far as to admit that labels today aren’t much more than big marketing machines today. She says, “...We’re here as artist branders, we’re here to market the experience.” Two points to her for at least tacitly acknowledging that Warner and the Big 3 no longer have a stranglehold on the music distribution chain.

It’s not mentioned specifically, but is also noteworthy due to its absence. There is no mention of developing new acts in her statement of purpose; simply the marketing and promoting of an artist brand. Note to artists looking for a major label deal: Labels don’t develop acts anymore. They simply glean onto an act with an established fanbase and sales record, and attempt to promote them on a national or international level. Want to go global? Labels can be a good choice. Looking for old-school A&R, where a label works with an artist to develop their talent? Frankly, it just doesn’t exist anymore.

Note specifically the mention of 360 deals in paragraph seven, saying that they’re “almost exclusively brokering on new acts,” and that “...roping premium artists into an all-encompassing deal remains a tough proposition.” That paragraph also specifically discusses what we already know -- that many major-name artists are walking away from their major-label deals, in order to monetize their name recognition without a major label taking a large chunk.

Becoming a successful indie publisher

Mon, 31 Aug 2009 20:57:33 -0700

In my experience, the music publishing world is not too different from the indie artist world. To get on with a major publisher is extremely difficult, because much like trying to get an artist deal, you have to show an impressive history of sales (other artists performing your music) or some other interesting or intriguing story to get noticed.

We're going through the exact same thing right now. My wife CJ is a songwriter (www.cjborden.com), and we did her first full-length CD project of her country songs. Now CJ doesn't really have aspirations as a recording artist, but we've done extensive digging and research into the country music market. What we discovered is that country A&R guys don't want to hear demos anymore - they want master-quality recordings of songs to listen to, so they can have a good idea of the potential of the song (in other words, they don't do A&R anymore - they want you to hand them a finished recording that they can cop note-for-note). So the idea of making a CD is to use it as both an artist project (build her a website, sell it online, get web airplay, etc.) and send it to publishers and labels for song pitches.

Long story short, here's my suggestion: Do as much research as you can on the main genre you write for, whether it's rock, pop, country or whatever. Learn about the quirks of that particular market, and find out what avenues people are using to find new music.

It's actually in your best interest to build a catalog of songs, and work to get your songs on other indie artist projects. Make your efforts to make your own story with your music, then worry about major deals. You are always in a better negotiating position when publishers are coming to you!

I suggest starting your own publishing company, and work to get your music placed on your own. But here's a few caveats:

1. Be sure your demos are the best they can possibly sound! In country music, we learned that A&R guys want demos that sound master-quality. So for CJ, we hired a studio in Nashville to cut instrumental tracks for some of her songs. The studio sent us the raw tracks, and we added CJ's vocals and mixed them here. You can hear samples on her website at www.cjborden.com. Listen to songs like "21st Century Fox" and "Kissed Me Goodbye" for an example of the quality they're looking for.
2. Find a music attorney! If you do get offered a deal, at least have the name and number of an attorney that can help you negotiate a deal, if one comes your way. I know that seems incredibly optimistic, but if you get an offer for something like a TV show, they usually have EXTREMELY short turnarounds - like "I need your OK on the contract by 5:00 pm!" You don't have to keep him on retainer, just have someone you can call if an issue comes up.
3. Start your own publishing company. It's easy and cheap - free at ASCAP, $150 to 250 at BMI. You now have a storehouse for all your songs, and you also have something with which to negotiate (i.e., sell) once you have big publishers knocking on your door.
4. Get signed up with pitch sheets and other pitch services. Look at places like Taxi (taxi.com), Pump Audio (pumpaudio.com), The Bandit A&R Newsletter, or the Music Row Fax (rowfax.com) for country music.
5. Read, read, read! Get trade magazines, subscribe to things like American Songwriter, and learn what other artists are doing in your genre to get their music out. The great thing is, the internet has made the playing field theoretically even. The bad thing is, any idiot can put their awful music out there. You have to come up with things to separate yourself from the pack. And that's the kind of stuff the Musician's Cooler helps with!
6. Network, network, network! This is still a "who you know" business, so get to know people in your industry! It's easiest if you live in one of the major music centers, but a telephone can often work just as well. Go to industry events, speak on panels and roundtable events, just get out there!
7. Work the phones! Even Diane Warren spends half her day on the phone with labels, producers and other publishers. If a multi-million selling songwriter has to do it, maybe you do too!

These are some basic tips to at least get you started.

Do you REALLY want your own record label?

Mon, 31 Aug 2009 20:43:26 -0700

As an independent artist, you've probably learned to hate the major record labels. You figure, "I can do all that, and keep all the money myself." Well, from having started an indie record label myself from scratch, I learned a lot and made a few mistakes along the way. If you REALLY want to put yourself through the headache of establishing your own label, here goes:

1) Get a label name. It can be anything, but it needs to be unique. You'll want to do some homework to be sure no one else is using the name - nothing like a Cease and Desist order to put a cramp in your plans! And there are a couple of ways to do this.

a) The formal method. You can pay a trademark search company to do a search for you (range: $75 - 500). Then, you can pay an attorney to file a Federally-registered trademark with the Patent and Trademark Office (cost: about $1,000, plus renewals every 5 -10 years). OR

b) The home grown method. Knock around the web and look for anyone using the name in relation to making records (a similar name selling plumbing supplies doesn't count). See if the domain name is free, and buy it for at least two years - this helps your search engine rankings. Create a logo, and get ready to put it on your first CD. But you're not protected until you...

2) Get a UPC code series. If you're REALLY serious about your label (i.e., getting a label co-op deal or major distribution one day), getting your codes from Discmakers won't cut it. You need your own series from the Universal Code Council (www.uc-council.org) - I think it's called GS1 US now. Cost: $750.00 for life. Contact info:
GS1 Customer Service:
7887 Washington Village Drive, Suite 300
Dayton, OH 45459
Tel 937.435.3870 / Fax 937.435.7317
Email info@gs1us.org
Open Monday - Friday 8:00 AM to 6 PM ET

3) Create a product and sell it. You only need to sell one, for now. Burn it yourself and sell it on CD Baby or Amazon to a friend in the next state. Once your logo is on a CD, and a copy of the CD is sold across state lines, you have a common-law proof of use of trademark. Cost: almost nothing. Will it hold up in court? Maybe. As we all know, lawsuits are not about the truth, but what you can PROVE. Keep impeccable records of your first interstate commerce sale with the new label, and you have a much better chance of it being upheld in court.

4) Start your own publishing company. This is so you can handle the licensing and publishing for your own songs and masters. And if your gets really popular, this can become your greatest source of income. Sign up with either ASCAP (free) or BMI (one-time $150 for sole proprietor; $250 for partnership or corporation). But along with this, you'll need to have a way to keep track of the songs in your publishing catalog, generate licenses and maintain and track royalties. So. . .

a) You'll need a solid database solution to keep track of publish dates, lyrics, royalties in and out, etc. These are usually custom-built, which can run you into the thousands. OR

b) If you already have some level of success, you may be able to negotiate an administration deal with another publisher. That means they take care of the paperwork, while you still retain ownership of the copyrights. They'll take about 15 percent, but if you don't have the ability to take care of it yourself, it's well worth it.

5) Get a good lawyer. No, get a GREAT lawyer. Get one with specific experience in music business matters - your uncle's neighbor who does wills and probate won't cut it. You don't need to have him on retainer (until you become very successful), just have him on hand to draw up and review contracts. Most attorneys who specialize in this field will already have boilerplate contracts to start from. They won't be cheap (about $200 an hour), but well worth it when you need them.

6) Get a manufacturer. Find a company that will work within your budget. If you've working with decent budgets for your CD projects (at least $5000, production and marketing), take advantage of the extra perks companies like Discmakers or Oasis offer, such as radio promotion, cheap posters, etc. If you're dealing with low- or no-budget projects (like many of ours), look into less expensive ways to make and distribute your CDs. In extreme cases, we've gone so far as to individually burn and label CDs, and hand-make CD booklets. You can also have CDs made in bulk, and assemble the product yourself as you need them.

7) Get a distributor. For most, a place like CD Baby works great. Lots of extra perks like digital distribution, and credit card swipers for on-site sales. And if you need brick-and-mortar distribution, CD Baby now has it available.

For ultra-cheap projects, I've used a company called Kunaki.com. They'll manufacture your CDs one-by-one for just $1.75 each, eliminating the need for a minimum run of 500 or 1,000 units. You’ll need a PC to set up a new CD the first time (sorry Mac users), but reorders can be done on either platform.

So you can see, there are a lot of ways to go depending on your financial resources and previous level of success. But these are the basic, must-have items for a label to be considered legitimate. See how much pain you've brought on yourself already? :-)

Good luck!

Why you’re not gonna get commercial radio play...

Tue, 25 Aug 2009 15:22:08 -0700

Here's a great article that tells you exactly WHY you won’t get your single on a major radio station. Even better, it tells you a strategy for attacking stations that WILL consider your music.

DIY Musician: Why you won’t get commercial airplay

“Commercial radio is such a racket. Its a closed system of secret handshakes, payola, and broken promises. Radio promo is a real trail of tears and dashed dreams. The playlists on commercial radio stations are mostly dictated from a central corporate headquarters and the songs are picked based on what record companies are “paying” the most in favors, vacations, junkets, money, cupcakes, drugs, and other various sordid somethings. (ClearChanel anyone?).” Read Entire article »

I often allude to this fact when I speak in front of songwriter groups, or in my class at UNLV. The simple fact is, your highest impact radio stations in any major market in the USA are a NO-GO for independent music. It’s maybe the one area of the entire industry that major labels have been able to shut out indies (legally or illegally). The key to understand is, not all is lost. You just have to think about it differently than the old traditional music system.

In the continually-changing music business, you’ve got to have your eyes and ears open for new opportunities. Look for the stations and outlets that major labels don’t focus on, like internet radio, podcasts, college radio and the like. Of course, their reach is not as great as the #1 station in your market, but their doors are usually open to you.

Another warning is: radio promotion is a LOT of work! I did it for three years full-time! To do it properly, you really need someone on the phone calling programmers at least once a week. It’s a numbers game: you have to continually remind them about your new project, did you get it in the mail/email? Have you had a chance to listen to it? What did you think about it? By the way, we’re playing in your city on (date) which is 6 weeks away, can you schedule us in for an on-air interview that day/week/weekend? I think you get the idea.

The smart artists target the stations major companies don’t care about. These are the people and listeners that will appreciate you more, anyway. Be prepared for a lot of work, and a large commitment of time and resources - but it can pay off, in a very big way.

New digital music formats - for all the wrong reasons

Tue, 11 Aug 2009 18:19:38 -0700

Sounds like a new battle over digital downloads, and the labels have finally come up with some new ideas. Here’s today’s story in Wired:

Apple, Record Labels Diverge Over Next-Gen Full-Album Music Format

The first line of the story reads:
“Apple and the four major labels prepare music formats containing full albums and related goodies in a digital bundle that's meant to be as rich an experience for consumers as the vinyl people used to buy. It's also more profitable for the labels.”
-----
It appears there are two competing formats on the horizon: Apple’s Project Cocktail, and the Big 4’s own CMX format (apparently with Amazon’s support). So have the major labels finally stopped being dragged kicking and screaming into the new millennium, and made a proactive move to embrace digital?

Nahhh. I think we all know major labels better than that.

The motivation for the new formats is quickly revealed in the second paragraph.

“Both (formats) wrap songs, videos, images, lyrics, ringtones and other digital doodads into a comprehensive package that the industry hopes will bring back the long lost, profitable days of full album sales, which gave way to listeners buying single songs.”

There it is, folks. The major labels really aren’t interested in addressing what consumers have known for the last 10 years - that a DVD for $20 (with its director’s commentary, deleted scenes, interviews with the cast, blooper reels, online content and more) simply crushes the perceived value of a $15 CD with only 2 or 3 good songs.

They’re really not THAT interested in giving you a greater entertainment value you’ve come to expect in other formats. They’re not even making sure that the other 8 songs on the record don’t suck. They’re only interested in repackaging the same old paradigm they’ve been selling for the last 50 years, and suck you into buy a package deal, when you’ve already been given the choice not to.

Major labels’ methods may have changed, but their motives haven’t. They’re not embracing the brave new digital world; they simply want to secure a $10-20 price point, and sell you a bunch of extra crap songs you don’t really want. So much for progress...

Trent Reznor sez: Give away (some of) your music

Fri, 10 Jul 2009 16:24:51 -0700

In a post that could easily become the Manifesto for the indie music world’s business model, Nine Inch Nails lead details how indie artists can make money in music.

CNET News.com - Trent Reznor: ‘So you want to make money on the Web’

The first line of the story reads:
“For those who have yet to grok the Open Core business model, Trent Reznor of Nine Inch Nails fame will sing it to you. In a series of forum entries, Reznor explains exactly how to build a music business on the Web and, in the process, classically defines Open Core, the primary business model for open-source software, too.”
-----
For those of you who aren’t familiar, Trent Reznor of Nine Inch Nails walked away from his major label deal when it expired a couple of years ago. Last year, Reznor released “ghosts: I-IV” as an independent release in a wide variety of formats, starting at free, with the Ultra Deluxe Limited Edition package at $300. It’s estimated Reznor cleared nearly $1 million in ONE WEEK with this release. So maybe this guy is worth listening to!

He also diffuses the argument of “Yeah, well he’s a big name - he can afford to give away his music for free!” He explains very clearly that it’s really what all indie artists should be doing!

You can read Trent’s original post by clicking here.

Michael Jackson lives on: repackaged, remixed, rehashed....

Wed, 1 Jul 2009 17:30:45 -0700

I’ve avoided posting anything about Michael Jackson’s death, simply because everyone in the world was covering it, ad nauseum. But here’s the story I have been waiting for - just to see how long it would take to break.

‘Dozens and Dozens’ of Unreleased Recordings Found in Michael Jackson’s Vault

The first line of the story reads:
“NEW YORK — Michael Jackson had a mountain of unreleased recordings in the vault when he died — music that is almost certain to be packaged and repackaged for his fans in the years to come.”
-----
I admit I’m a little surprised it happened this fast - I just figured they’d wait long enough to get the poor man into the ground, but not so. His label (and probably his family) has already begun digging through the tape archives, to begin the possibly endless line of newly released, remixed and repackaged projects from Sony and the King of Pop,

In some ways, I guess it might be justified. According to recent news reports, Jackson was deeply in debt, with some estimates as high as a half billion dollars. In recent years, he had begun to leverage many of his properties to fund his lavish and eccentric lifestyle, including the portion of the Beatles catalog he controlled. The family probably has a huge financial mess to fix, and will probably be forced to renegotiate, repackage or just plain dump Jackson properties like his publishing holdings to get back on the positive financial ground.

I feel bad for Michael in a way - in essence, he was crushed by the weight of his own fame, and the expectations of fans, record labels and the public. While in many ways a brilliant and powerful artist, he was a victim of his own success. I think the best thing is, he won’t be around to see the endless parade of repackaged, remixed, rehashed - and in the end, repulsive - attempts to cash in on his legendary status.

It’s a sad day for music fans everywhere. For me, it’ll be watching Michael’s musical legacy get trashed to make a few (million) quick bucks.

Radio may be putting the screws to artists

Tue, 16 Jun 2009 20:33:18 -0700

Here's an interesting article about the battle for airplay performance royalties, vis a vis SoundExchange. It seems some radio stations are being accused of freezing out artists who support the new royalty plan. Here's the link:

Record Labels Claim Radio Malfeasance

Washington, DC (June 11, 2009)--The musicFIRST Coalition believes radio stations across the country are putting private interests before public obligations and has asked the Federal Communications Commission to investigate. More »

Pump Audio takes a bigger bite

Tue, 16 Jun 2009 14:41:21 -0700

Song pluggers beware: Pump Audio is taking a bigger cut of the pie.
The song pitching website was recently acquired by Getty Images, one of the web's largest repositories of stock photography. With their foray into stock music libraries, Getty has decided to change the deal for independent songwriters.
In a recent email I received, Pump said the following:
"As we plan for the future growth of our offering to the global music licensing client base, we have determined that to fully support the 400+ person Getty Images sales staff and invest in marketing and technology needs that we must make adjustments to the current revenue split system. By making these changes, we intend to accelerate the pace of our growth and achieve our goal of becoming the largest music licensor in the world.

The new model will be as following:

1) Licensing fees will now be 35% to the artist, 65% to Pump Audio/Getty Images

2) This change will take place as of July 1, 2009. Any royalties payable through June 30, 2009 will not be affected by this change

3) Performance royalty splits will remain at 50% of the publisher’s share

4) Those that don’t accept the new split will have their music removed from the system no later than December 31, 2009.

5) The rights you granted to us in the original contract do not change"

So essentially you have no choice - take the deal, or be removed from their catalog.

Keep in mind, most deals of this type have traditioinally been 50-50, so this could start an alarming trend to cut into the songwriter's income. Add to that Pump Audio exploits a loophole in copyright law by registering songs into their own publishing company under a different title, I'd have to move them further down my list of preferred songplugging companies.

How NOT to get hosed by a record label

Mon, 1 Jun 2009 14:43:59 -0700

I recently had someone write me to ask this question, so I thought I'd post it for everyone.

Q: How can an artist avoid getting taken advantage of in a major label contract?   A: Bypassing the first question, which is "Why do you WANT a major label deal?", let's move on to the assumption you DO want a deal. There's a couple of things that can make a major difference in how your contract reads - and if you're eating filet mignon or ramen noodles!   1. Be a well-developed act, with a track record of success.   Essentially, the less you need the label, the stronger your bargaining position.   The most important thing you must understand is that labels do not develop artists anymore - except of course for the pre-packaged acts like N Sync (which in their case and the case of their copycats like LFO and 98 Degrees, the label didn't develop them, either). Labels are looking for artists and bands who have already built a track record of product sales, concert dates, big mailing lists and extensive media coverage, including a big online presence - and you can include film and TV placements here as well.   In other words, major labels are looking for a band with a strong established following which they can attempt to leverage on a national or international level. There are two main reasons an artist signs with a major label: money and connections. But keep in mind, all that label money is recoupable against your royalties and earnings.   If you want a major like Elektra or Island to be interested in you, you almost need to be at a point where you don't really *need* them - you just want to expand beyond your own capabilities. (Also, if your group is developed to this point, you are in a MUCH stronger position in contract negotiations.)   Some artists simply "use" the label, in order to gain popularity and name recognition, then dump them at the earliest possible convenience to work indie again. A good case study is Trent Reznor. Read about his "Ghosts" independent release, and you'll see what I mean. He made over $1 million in one week - without a record label taking an 80 percent cut.   If you're a fan of the old "Behind The Music" series on VH-1, check out the story on MC Hammer. When he started, he was a DJ selling CDs out of his trunk, to the tune of almost 40,000 units. When Capitol approached him with a deal, he did the math and told them, "I'm making more money selling my 40,000 than if I went platinum with you." He walked away from the table! A few weeks later, Capitol came back with the biggest contract in record company history.   2. Do your best not to give up all your publishing!   It's a common thing in major label contracts for a new artist to assign all publishing to the label's publishing companies. In contract negotiation, the labels will make it sound like it's not a big thing, but how big does 50% of earnings and all control sound to you?   I've actually heard of labels signing an artist that's a very good songwriter, but not much of an artist. Their goal? Get the publishing on his songs. Then they put out one album, promote it poorly and cut him as an artist, citing poor sales. But now they've got his songs, and maybe even signed him into a long-term songwriting contract, so they get control of all his future songs!   If you really want the deal with a major, you may have to take a split publishing deal - you'd retain 50% of publishing, along with your songwriter royalties. But again, this is only an option if your performing and sales records are strong enough to put you in that bargaining position.   My advice to anyone looking at a major label deal: try to sign a deal for as short a length as possible. A savvy artist looks at the label not as a savior to their career, but as someone they can use to further it. Major labels can get you visibility on a national or international level - if you leverage it properly, you can become a household name like Trent Reznor. Then you split from the label, leverage the name recognition the label built for you, and forge out on your own. Yes, you'll still probably sell fewer records. But when you're now keeping 100% of the sales, you don't have to sell as many as when you were getting 20% (recoupable against expenses of course, meaning often 0%).   BTW, "recoupable" is a VERY big word in record contracts. Know it well!

More money for performers

Tue, 5 May 2009 14:50:27 -0700

Ran across this story this morning on the Associated Press. If you're a studio musician or have played on major records, you might have some money coming your way soon.

Singers tell Congress: Money (That's What I Want)

http://hosted.ap.org/dynamic/stories/A/APFN_US_TEC_RADIO_AIRPLAY?SITE=CAANR&SECTION=HOME&TEMPLATE=DEFAULT

The article concerns the collection of airplay royalties to singers and musicians through SoundExchange, which happens in most other countries except the United States.

Top 10 Features for your website, part 2

Tue, 28 Apr 2009 14:53:10 -0700

Here's part two of the Top 10 must-have features for your artist website. This is an excerpt from the Music Business workshop on independent music at UNLV on April 14, 2009. You can watch it here, or click on the link below.

http://www.youtube.com/watch?v=zNMN2RljZKM

Top 10 Features for your website, part 1

Wed, 22 Apr 2009 14:59:26 -0700

We've posted part one of a two-part series on the Top 10 must-have features for your artist website. This is an excerpt from the Music Business workshop on independent music at UNLV on April 14, 2009. You can watch it here, or click on the link below.

http://www.youtube.com/watch?v=_YWS18HmXSU

Why you should learn about the music business

Thu, 16 Apr 2009 15:01:35 -0700

I have always thought that no matter what type of performer you are - opera signer, orchestra member or future rock and roll star - you should learn about the business you’re in.

I believe all college music programs should include at least one class on music business. Now someone finally wrote an eloquent article explaining exactly why. Check out this article:

Why Every College Music Program Needs a Music Business Component
by Hank Bordowitz & Amadeo Richard Meitin
http://www.meiea.org/Ezines/Vol6No2/meitin.htm