A performing rights organization's, or PRO's main function is collecting performing rights royalties on behalf of its members, composers and music publishers. The PRO then distributes these royalties to its members, minus the PRO's administration costs.
PROs license public performances of their members' music which includes network television, cable TV, cable movie channels (HBO, Showtime, etc.), use in nightclubs, stores, restaurants and other public performances. PROs only licenses performing rights, and only non-dramatic performing rights.
Dramatic Rights (which are not licensed by the PROs) include performances you would see on Broadway or other theater type of performance. These rights are negotiated directly with either the composer, the publisher or their representative. Performance royalties are collected for movie theater performances in almost every country except the United States of America.
Rights such as mechanical rights, grand rights, master rights or synchronization rights are NOT licensed by PROs. PROs license performing rights only.
Performing rights organizations monitor their members' music when it is performed on the radio. In Television and Film performances, PROs use what is known as a Cue Sheet to keep track of whose music is used in which broadcast or film. These Cue Sheets are filled out by the producer and submitted to each PRO who has a member represented on the Cue Sheet. The fees paid to the performing rights organizations are typically paid by the broadcaster and are not the responsibility of the producer.
This is just a brief introduction to performing rights organizations. For further information, please contact the PRO directly.
Indie Band Music Marketing
Band CDs
Produce some CDs to sell at shows to your fans, friends, and family. Why wait for a record deal? You can do it yourself.
CDs are relatively cheap to produce. You can produce them for £1-£2 a disk and sell them for £5-£10. CDs give you a professional image and who doesn't have a CD player nowadays? You may want to try doing a "short run" - that is, produce less than 1,000 CDs. If you produce 100 CDs, you can test to see if you can sell them without too much of an investment. You will also have some to send to radio stations and club owners.
Mailing Lists
Collect names for your mailing list anyway, anywhere, anytime. Use these names to mail postcards with your show dates or CDs available. The cost to mail a postcard is cheap. The cost for e-mail is nothing.
Web Pages (such as MYONITLIVE.COM)
Build your own web page to list your shows and how to order your CDs. Many services offer free or cheap home pages. Try to give people a reason to keep coming back (repeat visits). Maybe a newsletter, continuous show updates, etc.
Performances
Perform (even for free) as many times as you can. At these shows, collect names, sell CDs, and pass out cards with your contact information (name, telephone, web site address).
Press Releases
Send out press releases and reviews of shows to local newspapers, magazines, and event papers. You can write these yourself. This costs practically nothing. Make sure you research the correct person to send your press release to at the publication. Send it out 30-60 days in advance.
Find the public and local radio stations that play your type of music and get some air time there.
Print
Print some posters and put them up in the local area where your type of fans would be. Have your show date or CD title with a web address or phone number of how to order.
Word Of Mouth
Word of mouth is critical. Form relationships with your fans. If you make people feel special, they will take pride in sharing your music with their peer group. Free advertising! Perhaps have a newsletter to your fans. (Remember, you should have a list of names from your mailing list.)
MPEG Format
One way to start getting your music out there is to convert some of your music to MPEG format. This is a type of computer file format that is great for music on the Web. Many people are searching the web for any MPEG files and it is a great way to start a buzz about your band. Think of it as a "free trial sample" of your music. Best of all, it costs you nothing!
How To Self Promote Your Music
Unless you have major label money behind you, the ability to self promote your music is one of the most important skills you can have. When you don't have money to hire PR people to run media campaigns for you, it is up to you to make sure people know about the music you are making. Getting started can be a little overwhelming, however. These steps will help you start out on the right foot, to make sure all of the right people are standing up and taking notice of you.
Here's How:
Identify Your Goals - When you set out to promote your music, don't try to cover too much ground at once. Look at the way larger artists are promoted - they have specific campaigns that promote specific things, like a new album or a tour. Choose one thing to promote, like: * A single * A show * A website Once you know what to promote, you will be able to make clear goals for yourself, i.e. if you want to promote your website, then your goal is to bring traffic to the site. With these goals in mind, you'll find it easier to come up with promotion ideas, and you'll be better able to judge the success of your promotions.
Target the Right Audience - With your promotional goal in mind, figure out who the right audience for your campaign is. If you have a gig coming up, then the right audience for your promotion are the local print publications and radio stations in the town in which your show is happening. If you have a limited edition single coming out, your primary audience is your band mailing list, plus the media. Going for the right audience is especially important if you're on a budget. Don't waste time and money letting town X knowing about an upcoming show in town Y or a folk magazine about your new hip hop album.
Have a Promo Package - Just like when you send a demo to a label , to self promote your music, you need a good promo package. Your package should have: * A press release detailing your news * A short (one page) band bio * A CD (a demo recording is ok, or an advance copy of an upcoming release) * A package of any press coverage you have had so far - press coverage begets press coverage * Your contact information (make sure to include an email address - people may hesitate to call you) * A color photo, or a link to a site where a photo can be downloaded. The press is more likely to run a photo if they don't have to chase it.
Find Your Niche - The sad truth is, every writer, radio station, website, or fan for that matter, you are trying to reach is likely being bombarded with info from other music hopefuls. You a reason to stand out. Try to find something that will make people more curious about you - give them a reason to want to know more. Being elusive worked wonders for Belle & Sebastian at the start of their career and people write about Marilyn Manson for being, well, Marilyn Manson. You don't have to devise a huge, calculated persona, but giving people a reason to check out your show or your CD before the others can only help.
Bribe 'Em - Another way to stand out from the crowd is plain old free stuff. Even press people and label bosses love getting something for nothing, and you'll whip your fans into a frenzy (and get new fans) by giving stuff away. Some ideas: * Put some money behind the bar at a show and give free drink passes to all the industry people who come to check you out. * Give people on your mailing list an exclusive download once a month (be it a new song or an alternate version of a song) * At gigs, raffle (for free) mix CDs made by the band - everyone who signs up to your mailing list at the show gets entered in the drawing.
Branding - Get your name out there. Make up some stickers, badges, posters, lighters or anything else you can think of that include your band's name. Then, leave the stuff anywhere you can. Pass them out at your favorite clubs, leave them on the record shop counter, poster the light posts - go for it. Soon, your name will be familiar to people even if they don't know why, and when they see your name in the paper advertising an upcoming show, they'll think "hey...I know that name, I wonder what that's all about.."
Keep Track of Your Contacts - As you go through all of these steps, chances are that you are going to pick up a lot of new contacts along the way. Some of these contacts will be industry people and some will be fans. Never lose track of a contact. Keep a database on your computer for the industry people you have met and another database of fan contacts. These databases should be your first port of call for your next promotional campaign - and these databases should always be growing. Don't write anyone off, even if you don't get much feedback from them. You never know who is going to give you the break you need.
Tips:
When to Act Small - This step ties in with targeting the right audience and identifying your goals - you can save a lot of time spinning your wheels by keeping the small stuff small. While it's always useful to keep other people up to date with what's happening in your career, that guy from Rolling Stone doesn't really need to know every time your band is playing a half hour set at the local club, especially if the local press really hasn't given you much coverage yet. When you're getting started, the easiest place to start a buzz is your local area. Build up the small stuff to get to the bigger stuff.
But Know When to Act Large - Sometimes, a larger campaign really is in order. Go full speed ahead when you have something big brewing, like: * A new album * A tour * An important piece of news, like an award or a new record deal This kind of news warrants contacting both the media and people you want to work with, like labels, agents, managers and so on.
Find the RIGHT Niche - As mentioned, finding your niche is helpful in getting noticed. There is one caveat however - make sure you get noticed for the right reasons. You certainly will get some attention for bad, unprofessional behavior, but the problem is that your music won't be what everyone is talking about - and isn't that what you really want to be recognized for? Don't do yourself the disservice of self promoting a bad rep for yourself. Make sure you get noticed for your talent instead. Also, don't be fake. If you're not sure what your niche is yet, don't push it. Stay true to yourself and your music.
Grow your Database - In addition to keeping tracks of the contacts you have, don't be afraid to help your database grow by adding some "dream" contacts to your list. Is there an agent you want to take notice of you? Then include them on your press release mailing list or promo mailing list when you have big news to share. Let them know you're still working and still building your career - pretty soon, they may be knocking on your door.
Take a Deep Breath- For many people, the idea of self promoting their music to their fans is easy, but the idea of calling up the press is downright terrifying. Relax. Here's the truth - some people you call will be nice, some people won't be. Some people will never return your calls or emails. Some will. You shouldn't take any of it personally. You definitely shouldn't be afraid to try. Covering bands is the job of the music media - they expect to hear from you. Don't be discouraged by someone who is rude, or someone who is polite, but still says "no". Don't write them off, either. Next time, you may hear "yes.
Music Business Scams
It can be difficult for an aspiring musician to find successful ways to get their name out, especially when there is a scam waiting around every corner. They can range anywhere from the dishonest record label to a shady website, so it is paramount to keep your eyes peeled and beware of any offer that promises to make you the next John Mayer.
The Record Label
The easiest scam to steer away from is the deceptive record label. During my first years of actively participating in the local music scene, there was a guy who preyed on the younger musicians like my friends and I. Thankfully enough, we had older buddies who had dealt with him before and quickly turned us in the opposite direction. The idea of an album we could call our own was attractive, but the fine print in his contracts made business with him a disaster. Beware of this situation as you search for a record company and focus on labels that have a proven track record. You may not sign with a major production label, but putting time into the selection process will reduce future headaches and pay off in the end.
CD Compilations
Look out for the "companies" that offer compilation CDs for circulation to assorted record labels and radio stations. They start by searching the music forums for recently posted songs and initiate contact with the artist by informing them that they have been chosen to be featured on a compilation CD. They give you their website to check the integrity of their proposal and pass on details of how to enter your song. After checking out what seems to be a credible enterprise, you pay the fees and sometime later receive a burnt CD with your song included and finished off with a handmade label: obviously not the work of professionals. To fulfill the legal obligations of the contract, they do send them to different labels and radios stations, but no one is going to listen to an unsolicited CD in hopes of finding a diamond in the rough. The best advice is to take time when thinking about submitting your music and be wary of these kinds of offers.
Music & Songwriting Contests Online
Most online contests are credible, but there are also many that are more beneficial for the person putting on the competition than the competing talent itself. Put as much thought into contests as you would a record label: Who is judging the competition? * What are their credentials? * Are the judges experienced in your genre of music? * Are they qualified? Who is sponsoring and covering the competition? * What labels, companies, celebrities, institutions are involved? * Is the competition esteemed and will it cause interest? * Is it mentioned in music publications or forums? What are the prizes? * Will the prize promote you as an artist? * Is there a possibility of radio exposure or time with a reputable producer? A competition without validity will not attract the attention of anyone credible and this will be a good indication to stay away from what appears questionable or vague.
Melody Writers
Without knowledge of how to arrange music of their own and with the hopes of turning their words into the next chart topper, many lyricists look for others to compose. This is where the melody writer comes in promising to transform their lyrics into a hit and scams the individual of their hard earned money. You send off the cash and a few weeks later, receive a "melody". You may have ended up with a tune that does not fit your words and worse yet, others may be using that same melody. Keep this in mind if you are a lyricist in need of an honest collaborator and try to stick with the many respectable forums that are available.
Conclusion
As you pursue a musical career, beware of the many frauds and scams that offer easy success and instant fame. Make sure you research interested record labels and watch out for online songwriting contests. Be careful of who you collaborate with and who you send money to produce your CD. Remember that the music business, like any other, is hard work and if it seems too good to be true, then it probably is.
What Is ASCAP?
ASCAP is a membership association, or PRO, of more than 320,000 U.S. composers, songwriters, lyricists, and music publishers of every kind of music. Through agreements with affiliated international societies, ASCAP also represents hundreds of thousands of music creators worldwide. ASCAP is the only U.S. performing rights organization created and controlled by composers, songwriters and music publishers, with a Board of Directors elected by and from the membership.
ASCAP protects the rights of its members by licensing and distributing royalties for the non-dramatic public performances of their copyrighted works. ASCAP's licensees encompass all who want to perform copyrighted music publicly. ASCAP makes giving and obtaining permission to perform music simple for both creators and users of music.
Who Is ASCAP?
ASCAP is its members — creative people who write the music and lyrics that enrich lives in every corner of the world.
ASCAP is home to the greatest names in American music, past and present — from Duke Ellington to Dave Matthews, from George Gershwin to Stevie Wonder, from Leonard Bernstein to Beyoncé, from Marc Anthony to Alan Jackson, from Henry Mancini to Howard Shore — as well as many thousands of writers in the earlier stages of their careers.
ASCAP represents every kind of music. ASCAP's repertory includes pop, rock, alternative, country, R&B, rap, hip-hop, Latin, film and television music, folk, roots and blues, jazz, gospel, Christian, new age, theater and cabaret, dance, electronic, symphonic, concert, as well as many others — the entire musical spectrum.
ASCAP members are individuals who make their living writing music. As a society of composers, songwriters, lyricists and music publishers, we know very well that there are many steps between creation and compensation; months, if not years, can pass between the creation of a song, its recording, its release, its performance, and the day when the revenues due to the writer actually arrive. A music creator is like a small business, and ASCAP exists to ensure that music creators are paid promptly when their works are performed publicly. Some of the many other ways in which ASCAP can help writers include workshops, showcases, our website and publications, and an exclusive, tailor-made benefits package that includes health and instrument insurance, a credit union, discounts on musical accessories, travel and much more. ASCAP is committed to nurturing music makers throughout their careers.
Guide to Submitting Your Demo CD to Independent Record Labels
This guide evolved from a short article I wrote to help out bands with the main problems I noticed with demo submissions I was receiving whilst running an independent record label. Every time something else came up I’d add it and now I’d say this is a pretty comprehensive list of a lot of the common mistakes bands tend to be making time and time again when submitting their demos. If you read this through before you submit to any independent record label, you will avoid common mistakes which will cost you money or stop your demo even getting listened to.
Type of Music
First things first. What sort of music do you play? What independent record labels put out records of that type? It’s really worth spending some time visiting label websites and checking out what music a label deals with. Most independent record labels tend to be quite specialised in the genres they deal with. So, to save wasting your time and theirs, before you even think about submitting your CD, make sure it’s appropriate for the record label(s) you are targeting. It’s no good sending a CD of rock music to a label that just deals with country music or vice versa. And you'd be surprised how many people do just that.
Recording Quality
Is your recording of a good quality? Yes, at the end of day if the songs are poor, that won’t change however good the sound quality is. But don’t be mistaken by thinking that “the songs will shine through”. If the only recording you have was taped on a dictaphone in your rehearsal room, then probably best to keep it to yourselves. A lot of independent record labels (particularly the smaller ones) these days prefer recordings that are ready to go, opting to initially licence an existing recording rather than paying recording costs as well. Spending a bit of money on some decent studio time once you feel your material is up to scratch will definitely be worthwhile before submitting to record labels.
Another thing worth pointing out when it comes to recording is performance. It’s no good having the best recording quality in the world if the members of the band can’t play the songs well. Remember although a totally perfect performance is impossible that’s what you should be striving for. You should be your own worst critic. Practice hard and sort any problems out before you enter the studio or you’ll end up wasting money and your demo will suffer.
I’ve read articles written by studio engineers claiming that you MUST record with a click track. That EVERY record is recorded with a click track and labels won’t release anything not recorded with a click track. This is absolute rubbish! Sure, for some types of music it is preferable or may be necessary if you’re incorporating sequenced parts with live recorded parts and it can make digital editing easier if editing is required. But it’s far from essential. Many BIG major label records have been recorded without a click track. As long as the performance is solid and you’re good timekeepers (which you should be) then no-ones going to know or care if you used a click track or not.
Planning Your Demo
Another thing worth thinking about is what tracks to put on the CD, how many and the track order. When I'm listening to a demo I'll usually make my mind up if I like it or not within the first 30 seconds of the first track. Now this is worth bearing in mind. You're not planning a track listing for a release, you're trying to grab a label's attention straight away. So it’s probably best to keep your 10 minute epic that takes 3 minutes to build up and kick in off the CD, or at least save it for one of the last tracks so if they get that far they can get a better idea of what you’re about. It's not worth putting more than 3 tracks on a demo. Even then the second track will only get listened to if the first one grabs them. First impressions really do count so take some time to think about your most instantly memorable song and make sure it goes at the beginning.
CD Pressing and Fancy Packaging
Fancy artwork and professional looking manufactured CDs might look nice, but save your cash. When we listen to demos we do just that. A glass mastered CD, with full colour booklet and fancy artwork is no more likely to catch the attention of an independent record label than a CDR with the band name, demo title and track listing written on clearly in permanent pen. The latter obviously being a LOT cheaper. Its what’s on the CD that counts, if we like it good, but if we don’t then we don’t regardless of how its presented. Plus if you ditch the jewel case and just put your CDR in a clear plastic sleeve before you send it out to record labels you'll save on the postage as well.
One thing we've seen quite a lot of recently is people thinking they can make their own CD label. Our advice is to either buy the real thing or do without. Put it this way, how happy would you be if you tried to listen to someones demo in your car CD player and the CD got jammed in because of a dodgy homemade label? (This actually happened, and the CD went straight in the bin after I had finally extracted it).
Check Your CDs
Before you send your CDs off to independent record labels, make sure you check them all on at least 2 different CD players. If your CD doesn’t work its going straight in the bin. It’s also a good idea to use silver/silver CDRs because they tend to work best on audio CD players.
Postage
One way to guarantee your demo never gets listened to is to make the independent record label you're submitting your demo to pay to hear your CD. This may sound like a stupidly obvious statement, but you'd be surprised how many people do just that! If you don't check you're paying the correct postage to send your demo then the independent record label is going to be landed with a surcharge for the extra postage to receive it. Now the question is are they going to pay it, or are they going to tell the postman to return it to sender? (That’s even if there's a return address on it, otherwise it’s getting thrown in the bin).
Basically the point is you're putting together your promo packs to submit to say 20 relevant independent record labels. You put them all in envelopes and blindly stick a first class stamp on each then post them. You haven't bothered to check the postage and in fact you are short on each package. Every single one of those independent record labels is going to be expected to pay the difference on the postage to get your demo and I'd say if 1 or 2 out of 20 do that then you're VERY lucky!
MP3s
Firstly NEVER attach MP3 files to emails. We've got to a point where if someone attaches an MP3, it goes in the trashcan immediately. There's nothing worse than someone you don’t know clogging up your email account so emails you are waiting for bounce back to the sender. Guaranteed to annoy people. Better to email a link to the file where they can download it.
Unsolicited Demos
Contact a record label first to check if they accept unsolicited demos. Most independent record labels do but if there is no information on their website it's always best to check first instead of wasting your time and money sending a CD that won't even get listened to.
Contact Info
Always make sure you include some contact info with your demo. Preferably also written on the actual CD. The record label might love your CD, but if they don't know how to get in touch, they won't.
Live Performance
This isn’t really related to the submitting of your demo, but is VERY important if you get past that first hurdle and the label are interested in your demo.
You MUST be able to recreate what’s on the CD live! If you’re lucky enough to get a label representative to go see one of your shows (and they will want to before offering you anything), make sure you don’t suck! It happens and you’ve blown it!
It also goes without saying that for most styles of music you need to play live on a regular basis (and I’m not talking once a month in your local pub) to get any label interest. Work on building up a following (not just in your local area) before submitting anything.
This guide was written by Simon Walklate, a musician who has played in various bands in the UK and owner of independent record label Fulmination Records.
Music Career Disappointments
Working in a creative field requires a tough skin, and the music industry is no exception. Band, label, manager, agent, promoter - it doesn't matter in which part of the industry you work; you are bound to face more than a few bumps in the road. The trick is to deal with the disappointment, learn from it and move on towards your goals without getting sidetracked. Find out how to manage these common music business let-downs so you don't lose sight of where you want to go.
Disappointment One - No One is Responding to your Demo:
A very, very common music industry disappointment, this one. The first thing you should know about dealing with demo disappointment is that almost every single one of your favorite bands has faced this let down, and in most cases, you WON'T get a response from your demo.
It doesn't have to mean you are doing anything wrong per se - sometimes it just takes awhile to get the right demo to the right person. You can up your chances of getting the response you want by making sure you adhering to some basic demo ground rules.
Disappointment Two - The Review Isn't in the Magazine After All:
Getting press for a new album or a live show can be hard work, especially in larger publications who generally look favorably on labels and bands who can throw a big load of advertising money their way. Hitting the wall when you're trying to convince people to cover your news is one thing, but being told by someone that a review will be in a certain issue of a newspaper/magazine or on a certain website and then having it never appear is doubly frustrating. How should you handle it?
Again, first of all, understand that this happens often, and it really isn't anything personal. Sometimes writers say that a review will appear just to appease you and sometimes they really think it is going to be there and are just as surprised as you when it's not. Getting bumped for bigger stories is part of the game, but you can make things better by following up on it. Put a call in to your contact at the publication and find out what happened. See if you can get them run it in the next issue instead. If you made a big deal about the review beforehand on your website or if your distributor has been using news of the review to promote your album, touch base with everyone and let them know what happened and when the review will resurface.
In most instances, there isn't much you can do to absolutely guarantee a review will come through when you think it will, but you can perfect your press game with the right approach.
Disappointment Three - No One is at the Show:
Few things are as disheartening to everyone involved in a show than an empty room on the night of a gig - but it happens. The finger pointing will begin as the night wears on, but the bottom line is you can't MAKE people turn up to your show. If you find yourself faced with one of these shows, do your best to turn a negative into a positive by being gracious to everyone involved with the show so you are still welcome in that venue. And while there is no guarantee that the crowds will be pounding the door next time, there are things you can do help a gig get the buzz it needs.
Disappointment Four - The Gig is Canceled:
Ah, nothing says "indie music" like the last minute canceled gig. At the "building an audience" level, most of the time bands will be working with promoters who put on shows for fun. Some of them are really great and as good as, if not better, than any promoter working in the bigger leagues. Some, well, aren't. When you're dealing with people who don't put on shows professionally, there is always a chance that something will come up that is more pressing for them and they will have to cancel a gig. You may also deal with people who want to put on a show for you, will plan to put on a show for you, and then realize on show night that they can't put on a show for you - but they don't really tell you that. (I once had a friend spend months going through the motions of booking a show for band I was working with, only to go M.I.A. as the show drew closer. The band and I discovered on the night of the show that the supposed venue was closed down. True story.)
The bottom line here is steel yourself for it and deal with it. When you don't have any pull and are trying to break into a new area, it happens. File it under "things that will be a lot funnier when we make it" and move on. Always be polite and gracious with anyone you deal with even as things are going up in smoke because you never know whose help you're going to need some day.
Disappointment Five - We're Broke:
If nothing says indie music like disorganized gigs, then being broke is a close second. You can sell what seems like a lot of records and still be lucky to break even. You can play to good crowds every night and end up in debt at the end of the tour. You can promote sell out shows every night for a week in your local club and need to consider getting a second job to support your promotion habit. Forget swimming pools and movie stars - simply getting to the point where you can support yourself through your music requires a lot of hard work and patience. As long as the sacrifice is worth it to you, the best thing you can do is make peace with your bank balance, spend wisely (yes, the gatefold sleeve clear vinyl 10" is cool, but it's awfully expensive) and manage your money wisely. Heather McDonald
Copyrighting Your Music
First, I should point out that I am not a legal expert in this field. For the most accurate information, one should see an entertainment lawyer for official advice. This information has been gleaned from my years of being a musician and is only to be considered my personal opinion.
Technically, you have copyrighted your work as soon as you recorded it. But, when most people think of the term ‘copyright’, they mean to say that they want their work officially registered or protected from others’ who may try to claim or use the work without the author’s permission. The length of protection of a copyright is the lifetime of the creator, plus 50 years.
There are two ways to do protect a sound recording: the quick/easy way and the official way.
The quick/easy way is to place a cassette tape of the body of work of music as well as the song titles, the artists’ information, lead sheets, lyrics and other relevant information into an envelope. Mail the package to yourself. The post date on the envelope will prove that your work was created at a certain date. When the package arrives at your house, don’t open it. Instead, put the package in a safe place.
If you have a concern about lawsuits, you should consider doing it the official way. The official way offers legal proof of ownership and copyright. To do this, find $30 and head over to the Library of Congress website to download Form SR for copyrighting your Sound Recording.
Assuming that your band owns the copyrights to all of the songs and also owns the actual sound recordings, be sure to write “music, words and performance” in Space 2 of Form SR. Doing this will allow you to record both the song copyrights AND the sound recording at the same time.
(If you would also like to copyright your CD artwork, you can also fill out Form VA from the same site.)
Please note: If you are submitting your work as part of a motion picture or other audiovisual work, use Form PA when registering your music.
The Library of Congress has some very informative online circulars for learning more about the copyright process. One in particular, is Circular 56
If you are considering selling or distributing your music to others in the future, place a copyright and publishing notice in your CD artwork. A typical notice looks like this:
Having your music “published” basically means that your sound recording has been/is being distributed to others, or is available for sale. When your work is being published, there are usually other things to consider, such as “mechanical royalties” and “performance royalties”. (To be addressed at this site soon.)
So, what happens to the copyright when a band breaks up? Nothing. Each member listed on the SR is still copyright owner of the sound recording. (Usually, all the fights are about the royalties. That’s an entirely different situation that we’ll address soon, too.)
BMI is a performing rights organization: It collects license fees on behalf of its songwriters, composers and music publishers and distributes them as royalties to those members whose works have been performed.
As a performing right organization, BMI issues licenses to various users of music, including television and radio stations and networks; new media, including the Internet and mobile technologies such as ringtones and ringbacks; satellite audio services like XM and Sirius; nightclubs, discos, hotels, bars, restaurants and other venues; digital jukeboxes; and live concerts. It then tracks public performances of its members' music, and collects and distributes licensing revenues for those performances as royalties to the more than 375,000 songwriters, composers and music publishers it represents, as well as the thousands of creators from around the world who have chosen BMI for representation in the U.S.
BMI currently represents some more than 6.5 million compositions — a number that is constantly growing. As a result, BMI has, over the years, sought out and implemented a number of technological innovations in its continuing effort to gather the most accurate information available about where, when and how its members' compositions are used as well as ensuring that payment to those whose works have been performed is made in as precise and timely a manner as possible.
How To Pay For Your Music Career
Working in music can mean an almost constant struggle to find the money to keep things going. Whether you're a band in need of money to tour or a label in need of cash to press some CDs, it seems like it is ALWAYS something. Music business funding is never easy, but you do have options. Find out how to uncover the cash you need to make your music career dreams take off.
Here's How:
1. Identify Your Needs
You know that you need money to get your musical endeavor off the ground, but one of the most important steps in getting the money you need is figuring out just how much of it is going to be required. Hint: the answer is not "as much as possible." Figuring out a realistic budget for your project will help you keep everything running smoothly and will help your case when it's time to start applying for loans/grants. For instance, you don't need $100,000 to do an indie release - ending up with more money than you need leads to bad spending. Start your project off right with understanding your costs.
2. Put It In Writing
If you're going to apply for a small business loan or for a grant from an arts council or other funding body, you're going to need a business plan. Even if you're planning on financing your music project with your own credit cards, writing a business plan forces you to think about the potential of your project and how you can make it happen. Your business plan should include:
Overview of the project
Details about the market/consumers/similar businesses
Costs
Projected returns (including how long it will take to see returns)
Marketing plans
Your qualifications (info about career, education, etc)
3. Investigate Your Sources
The available sources for music business funding vary from location to location to location. For instance, people in the UK are lucky enough to have a network of arts councils who are a first stop for grants to get musical projects under way. In the US, there are few grants in place and most people have to try for traditional small business loans. The best way to learn about what is available to you where you live is to ask around among your fellow musicians and check out your local government website for more information.
4. Approach Your Sources
After you've identified the people most likely to come through with funding for you, it's time to start making your pitch. One thing you should keep in mind here is that yes, you're trying to work in the music business, which can be a bit more laid back and casual than a traditional industry - but the people whose money you want will almost always be more "business-y" types. Showing up late to a meeting wearing last night's clothes and smelling like you bathed in lager? Not so good. Be professional and give the impression that you are capable of pulling off your proposed venture.
5. Get Ready for the Long Haul
Getting funding for any business can be tough, but the creative industries are a special case (largely because the people who control the purse strings are secretly convinced we can't be trusted to manage the money). Finding money can take a long time, and you may have to apply for money from several sources to fund one music project. When you're planning your project, make sure to build in plenty of time to tap into the right funding sources. Tips:
Look for the RIGHT Funding Source
Sure, when you want to get your project off the ground, it can be tempting to take an "I'll worry about that later" attitude towards loans and debts you are racking up. In the long term, if you spend unwisely at the beginning, you won't have anything left to make sure your project gets the push it needs. High interest loans and credit cards might seem like a fast and easy way to get things rolling, but they should be your last resort. If you have to take on some debt, take the time to make sure it will be manageable enough to let you pay it off and keep your project going.
Get Help When You Need It
Even where there are no nice arts councils or arts grant sources, there usually are groups to help small businesses get their stuff together. If you need help writing a business plan or coming up with a budget, do a quick internet search for small business assistance groups in your area. You may be able to get free (or very cheap) assistance in putting together a professional proposal that will help you get the cash you need.
Do Your Homework
This is especially important if you are looking for funding to start a business like a record label - make sure you REALLY understand your market and what you are getting into. Just because you're a music fan and read a lot of music magazines doesn't mean you really know how the business side of music works. If you don't have any specific experience in the part of the music industry you want to get into, investigate before you take the plunge. Seek out other people who are doing what you want to do and get their input so you have a clearer picture what's required and who your customers will be.Heather McDonald
GOING MAJOR Vs STAYING INDIE
Some bands choose to never go to a major label even if they are given the opportunity to do so.
If a band moves to a major label, it does not necessarily guarantee the band success. Only about 1 in 10 CDs released by major labels make any profit for the label. It is possible for an artist to make more money producing and promoting their own CDs than signing with a major label. However, an independent label that is creatively productive is not necessarily financially lucrative. Independent labels are often one-or two-person operations with almost no outside assistance and run out of tiny offices. This lack of resources can make it extremely difficult for a band to make revenue from sales.
One thing an artist can consider doing if they want to be noticed by a major label is starting their own independent label. A successful independent label with a strong musical reputation can be very appealing to a major label. Major labels rely on independent labels to stay current within the ever-changing music scene. Independent labels are often very good at discovering local talent and promoting specialized genres.
The difference among various independent labels lies with distribution, probably the most important aspect of running a label. A major-label distributed independent label allows the independent label to find, sign, and record their own artists. The independent label has a contract with a major label for promotion and distribution. In some cases, the major label also manufactures and releases the album. Independent labels that are owned by a major label distribute their records through independent distributors but are not purely independent. A purely independent label is not affiliated with a major label in any way. Their records are distributed through independent distributors.
It can be very difficult for indie bands to sign on a record label that may not be familiar with their specific style. It can take years of dedicated effort, self-promotion, and rejections before landing a contract with either an independent or major record label. Bands that are ready to go this route need to be sure they are prepared both in terms of the music they offer as well as their realistic expectations for success.
The three main ways for an artist to make money are record deals, touring, and publishing rights.
Major Label Contracts
Most major label artists earn a 10-15% royalty rate. However, before a band is able to receive any of their royalties, they must clear their label for all of their debts, known as recoupable expenses. These expenses arise from the cost of such things as album packaging and artwork, tour support, and video production. An additional part of the recoupable expenses are the artist’s advance. An advance is like a loan. It allows the artist to have money to live and record with until their record is released. However, before they can gain any royalties, the advance must be paid back in full to the record label. Since only the most successful artists recoup production and marketing costs, an unsuccessful artist’s debt carries over to their next album, meaning that they see little to no royalties.
Major label advances are generally much larger than independent labels can offer. If an independent label is able to offer an advance, it will most like be somewhere in the range of $5,000-$125,000. On the other hand, major labels are able to offer artists advances in the range of $150,000-$300,000. Instead of offering an advance, some independent labels agree to pay for a certain amount of the artist’s recording costs. This money is recoupable. There are advantages and disadvantages of an advance. If an artist gets no advance, that means they owe their record company less money, thus allowing them to earn royalties more quickly. However, since the label recoups so many costs, an artist’s advance might be the only money they are able to make for quite some time.
In a contract, options are agreed upon. Options allow the label to renew their contract with the artist and release more of their albums. Options lie with the label, and the label has the choice whether or not to record more with the artist. Some artists consider this unfair because the label has the right to not distribute an artist’s project and extend their contract by one more album if they deem the music as commercially or artistically unacceptable. Record labels effectively own the artist’s product for the duration of their contract.
Independent Label Contracts
Many times, a deal from an independent label is quite similar to that of a major label. In cases where an independent label is distributed by a major label, the independent label itself will have to have a major-label deal. In this case, the independent label would want to be sure that their contract with their artists covers the same issues as the independent’s own contract with the major label. In other cases, independent labels offer similar contracts to major labels because they want to look more professional. An independent label that thinks it will eventually be dealing frequently with major labels will have a similar contract in order to avoid having to redraft contracts in the future. There are also plenty of cases in which independent labels have contracts that do not resemble major label contracts in any way. In general, independent labels that are not affiliated with a major label are more willing to take chances and are able to be more flexible in their deals.
Though some independent labels offer a royalty rate of 10-15% like the major labels, it is becoming increasingly more common for independent labels to offer a profit-sharing deal in which as much as 40-75% of the net profits go to the artist. In this type of contract, the net gain after all expenses have been taken out are split between the label and artist by a negotiated percentage. However, deals in this form can take longer for an artist to gain any profits since all expenses – such as manufacturing, publicity, and marketing – are also taken into account. As an independent artist becomes more popular, deals of this type are more advantageous.
Independent labels often rely heavily on free goods, or the records that are given away in promotion of an album. Artists do not receive royalties on merchandise that is given away for free. Additionally, since compilations made by independent labels are often given away, the artist receives no royalties. A popular compilation album is The Best Indie MusicTM which features unsigned and signed artist of indie labels of a variety of genres. Major label compilations are more often sold than given away, and the artist does receive royalties.
Touring
When a band goes on tour, it may or may not have the financial backing of its label. An artist receives a fixed fee or a percentage of the tickets sold by the venue owner or promoter. Touring is an expensive process. A moderate estimate of touring costs with a bus and small crew can easily reach $15,000 a week. If an artist tours with the support of their label, the expenses are all recoupable, thus potentially increasing a band’s debt. Many successful bands tour without the support of their label so that they can keep all of their touring revenue. An independent band would have more difficulty than a highly successful one in being self-sufficient on tour.
Publishing
If a band or artist writes their own material, publishing can be one of the best ways to earn a profit. It is one of the few guaranteed ways to earn revenue for artists. Even touring is not a sure way to make money because it is possible that no one will attend the shows. Basic copyright law protects songwriters by giving them exclusive rights to grant or deny the reproduction, distribution, or performance of their work.
The majority of a band’s publishing income comes from its mechanical and performance rights. Mechanical rights cover the reproduction of a song on a record. In the standard contract between a band and a label, the label is required by law to pay the composer a fixed rate per song simply for the right to use the composition on commercially sold recordings. The mechanical licensing rate in 2006 for the U.S. and Canada is 9.1 cents per song. With the performance rights, a song’s copyright covers every time it appears on radio and television.
If an artist prefers to receive up-front money for their songs instead of waiting for the money to come in over time, it can choose to assign its copyright to a music publisher. The music publisher pays a cash advance for what they decide is the value of the copyright. It is common for a band to sign a copublishing deal. This means that the publisher offers the artist an advance in exchange for half the publishing income. When the advance is paid back, the music publisher retains 25% of the income. Since an artist has no guarantees whether or not their song will be popular, some may prefer to have a cash advance that guarantees them money regardless of how well the song does.
SESAC
SESAC is a performing rights organization with headquarters in Nashville and offices in New York, Los Angeles, and London.
SESAC was founded in 1930, making it the second oldest performing rights organization in the United States. SESAC's repertory, once limited to European and gospel music, has diversified to include today's most popular music, including R&B/hip-hop, dance, rock classics, country hits, the best of Latina music, Contemporary Christian, the coolest jazz, and the television and film music of Hollywood’s hottest composers.
SESAC's corporate headquarters in Nashville houses all of the company's divisions, from creative to licensing to administration. In additions to the locations listed above the company also has an Atlanta, Georgia office.
If the phrase 'quality vs. quantity' ever mattered, SESAC is the place. While SESAC is the smallest of the three U.S. performing rights organizations, size is its largest advantage. SESAC prides itself on developing individual relationships with both songwriters and publishers.
Licensees benefit from the intimate atmosphere, with a licensing staff dedicated to meeting the needs of music users quickly and satisfactorily. And because our repertory concerns itself only with quality copyrights, the music user doesn't have to sift through the millions of infrequently-used copyrights common to other performing rights organizations to access the usable copyrights.
HOW TO CREATE A PRESS RELEASE
A well written press release is the first step in getting some attention for your new album. Use this template to help you organize your information. Note that this template was written with bands and indie labels in mind as the writers and the media in mind as the readers. PR folks and radio pluggers will want to take a slightly different approach with their press releases, and one sheets for distributors and stores should also be slightly different.
The Header:
Centered at the top of your page should be the band's name and the album name. To make sure this information draws attention, make sure you use a larger text size than the rest of your release, and also use bold and/or italics. You can also set this information apart by putting it in a box. If the album is on a label, include the label name and/or catalog number here as well. A few optional inclusions for the header are:
A scanned photo of the album cover
Contact information for the person handling press for the release in the band or at the label (labels should especially consider having their label logo somewhere along the top of the page - ideally in the top right or left hand corner).
A quote from a good review of the band.
The band and/or label's website/MySpace page
Paragraph One:
This is where you want to announce the new album. Go for a strong lead sentence, and if this is a follow-up album, make reference to previous work by the band that the reader may know about. If this is a debut album, say so, and give a few clues about the sounds of the album. This is also the place to mention any "big ticket" selling points for the album or band, such as:
Praise from well known artist, producer, DJ, etc
A well known guest star on the album
A song that has received a lot of radio play
The album was recorded in a well known studio or with a well known producer
Paragraph Two:
In this paragraph, briefly expand a little bit about the band and the music on the album. This paragraph is very important for a new band with a debut album. Don't mistake this for a band bio - which should be separate - but include some info about where the band comes from, influences, and again, any "big ticket" selling points. Keep this paragraph brief.
Paragraph Three:
This paragraph is for giving your reader clear reasons why they should write about your band and review your album (and just saying because it's a great album won't cut it). Use this paragraph to mention things like:
Tour dates planned in support of the new album (or, if your shows aren't confirmed, but you do plan to tour, something like "shows planned for June 2007" will do).
Reviews that you know are forthcoming in well known publications/on respected websites
Any radio play the album has received (or that you know it will be receiving)
The Closing:
At the bottom of your press release should be the contact info for the person fielding press queries for the album, even if this information is also at the top of your page. Set this information apart from the body of your press release in the same manner as you did the header - again, a box around the text works great, as does a larger type size or bolding/italicizing the text. Be sure to make clear what this information is for by saying "for more information, promo requests or to set up an interview, please contact (so and so)." Also include the band and/or label's website/MySpace page here.Heather McDonald
LIVE SHOWS AND TOURS
Playing live shows is one of the best ways to create a name, build a fan base and even make some money in the process. One of the key indicators labels, managers and booking agents look for in a band before they sign them is what kind of crowd they draw when they play live. Early in an artist’s career getting paying gigs can be quite difficult and playing for free anywhere that will have you is often what it takes to build a name for yourself. Not only is it hard work to get gigs once the date is scheduled getting fans out to the show is the order of the day. Promoting your show and getting paying fans out to the venue is critical if you want to get booked again. Remember that the club only makes money when paying customers show up for your show, no matter how good you are. Do what it takes to get as many people to your show as possible, put up flyers around town announcing the show date and call everyone you know and beg them (and all their friends) to attend. Booking an opening spot for another band is a good place to get started, gain experience and get exposure.
Payments for playing a live show range widely and can be in the form of gas money, food, beer or simply “passing the hat” to collect from people attending the show for lesser-known artists. More established artists are typically offered a guaranteed payment or percentage of the ticket sales or some combination of the two. Playing live shows also provides a great opportunity to make money by selling CD’s and merchandise to fans at the venue.
When going out on tour two of the essential elements for success are route planning and tour promotions. If the artist has a booking agent, tour manger and publicist they will simply need to show up as scheduled at the venue and for press, radio and retail promotions.
Reprinted from here.
Music Law: Clearing Samples, Etc. for Sound Recordings
Consider this hypothetical: Your band, "Junkyard Dogma" has just recorded a rock opera. In addition to original music, your record also contains portions of others' recorded music within some of the songs (i.e. "samples"), as well as sound effects, a re-recording of your bandmates favorite instrumental version of "Back Door Man" over which the singer does a rap, and a sound bite of a Richard Nixon speech.
Now Junkyard Dogma has been offered a recording contract from Think Tank Records (who evidently know a commercial product when they hear it). In this contract is language similar to the following:
"Artist represents and warrants that Artist has the full right, power and authority to enter into and fully perform this agreement and to grant all of the rights granted herein, and that the consent of no other person, firm or corporation is required to grant such rights and that Record Company's use of the Master(s) as contemplated hereunder will not infringe the rights of any person, firm or corporation."
You have not contacted anybody about any of the outside materials used in your record. Are you breaching your representations and warranties given to the Record Company?
Short answer: YES
Each of the materials included in the song is capable of copyright protection. Accordingly, you would have to get the consent of all the owners of each of the materials embodied into the recording (called "copyright clearances").
Not doing so will make you liable to each of the copyright owners for copyright infringement; it would make you liable to the Record Company for breaching your agreement, as well.
1. Samples
There are 2 consents required in order to use a sample of another's recorded songs:
1. the owner of the recording used (usually a record company) and
2. the owner of the composition recorded (usually a music publishing company).
a. Owner of the Recording
You will have to get the permission of the owner of the sound recording copyrights used in your record.
To do this, you will need to know the title of the recording, the name of the artist, and hopefully the name of the album and its record number.
Contact the record label which released the source recording which you sampled - they may not be the owner of the rights in the recording, but they should be able to direct you to where you need to go.
Or, do your own research on All Music Guide or the like, as record companies are not always the most responsive institutions in the world (especially when by answering you, they will be directing income to their competitors).
The sooner you get to the correct company, the closer you are to obtaining your clearance - that is, if indeed it can be cleared: copyright owners can always say "No!"
The rates vary, but it will usually involve payment of a lump sum, usually before the record comes out, anywhere from a couple hundred to a few thousand dollars. This can be a flat fee, or paid on a roll-over basis (i.e., paid again and again, each time the record reaches a certain sales plateau), or it may be expressed as an advance against a royalty (such royalty anywhere in the range of less than a penny to 5 or 6 cents.
b. Owner of the Composition
You will also have to obtain the permission of the copyright owner of the song (or, "composition", i.e., the words and music) because it is this source material which is being embodied in the recording.
Identifying the owner can be a bit more problematic, as songwriting catalogs seem to change hands more frequently. BMI, ASCAP and The Harry Fox Agency can help you track down the right party (and, in some instances, the latter may be able to issue the mechanical licenses you need).
The rates are approximately the same as for the recording; however, in addition to the money, the publishing company may also want to own a percentage of your new composition (under the theory that it is not really a completely new work, but is an addition to or an adaptation of an existing work resulting in a derivative of the original).
2. Sound Effects
Sound effects, either manufactured or recordings of natural sounds, are all capable of achieving copyright protection: it is the recording itself rather than the source material which is subject to copyright protection.
Thus, only one consent is required -- from the owner, usually a record company or sound lab. Contact the company for its licensing terms.
Sound effects may be licensed on a per use basis, just as samples are licensed from the record companies, or they may be licensed in connection with the purchase of the CDs or downloads, or whatever they're recorded on; purchasing an entire sound effects library can run into tens of thousands of dollars.
3. Re-recording of "Back Door Man"
"Back Door Man," written by Willie Dixon, is certainly a copyrighted song. Therefore, the consent of the copyright owner of the song must be obtained by Junkyard Dogma to record the song anew.
This differs from the clearance depicted in Paragraph 1(b) above, however, in that in this instance the copyright proprietor cannot tell you "No."
Title 17, section 115 of the U.S. Code allows a band the right to record their own version of a song previously released commercially in a phonorecord.
In other words, a band can acquire a compulsory mechanical license - the copyright proprietor must license it at a statutorily designated royalty rate, currently 9.1 cents per song until Dec. 31, 2007 (which usually means you can negotiate your royalty to as low as 75% of the statutory rate).
That is the case for simply re-recording the song; however, the rap over the top would make the work a derivative work, and the copyright proprietor is likely to desire an ownership interest in the new composition too, or can say "No."
Compare this situation, though, with one whereby Junkyard Dogma simply recorded a generic I-IV-V 12-bar blues progression as the music bed for the rap: the band would not need the consent of anyone to record this as chord progressions in of themselves are not sufficient to achieve copyright protection (meaning, nobody has a monopoly over their use so anyone can write songs using them).
4. Richard Nixon Sound Bite
There are several clearances involved in the use of a soundbite:
a. Source Material
First, a written speech is source material, like a composition, and its author would have to grant permission.
Like all copyright clearances, this may take some detective work to ascertain who owns the rights. If this were a "CSI: MIami" soundbite, one would first look to the production or distribution entity for these rights; if it were a poet reading his works, one might look to the poet's book publishing company.
(In this case, there is the argument that the speech is in the public domain, in the theory that it was authored by the federal government under the work-for-hire doctrine and is therefore owned by the public).
b. Recording of the Speech
Just as in the cases of recorded music and sound effects, the copyright holder of the master sound recording of the speech would also need to give consent for your use.
(In this case, this also may be in the public domain. The Library of Congress is an excellent source for public domain material).
c. Nixon's Voice
So who owns Nixon's voice, you want to know?
This is not a copyright issue, but you may additionally be required to get permission for using a person's personal attribute, like his name or likeness, or in some instances, his voice.
These are rights of privacy and publicity. A private person has the right of privacy, a public (i.e., famous) person has a diminished right of privacy, but an enhanced right of publicity. A dead person doesn't have any right of privacy at all, but there may be a right of publicity continuing to exist in the deceased's image or other attribute. All of this varies from state to state.
The right to use a band's name and likeness, or a speaker's voice, will often be included in the clearance received from the record company (vis-a-vis the speaker's contractual relationship with the copyright holder of the sound recording; however, absent this contract provision, one would have to obtain this clearance, too).
Obviously, the consensus is that Nixon is dead (although I like to think he's holed away somewhere with Elvis and Jim Morrison). The Supreme Court has not ruled on the inheritability of the rights of publicity, especially in relation to a person's right to free speech (which Junkyard Dogma would vehemently espouse their use to be).
Many states, however, have statutes which provide that the right of publicity is indeed passed on to the deceased's heirs or other successor-in-interest much as any other property rights.
5. Consequences
So, Think Tank is generously going to give you $1,000.00 as an advance against the monies you will earn under the contract with them; however, you check with a music attorney who informs you that the clearances could cost you about $10,000.00 up front. What to do?
Certainly, it is your business decision as to how diligent and thorough you are in obtaining clearances. But, it is definitely advisable to clear all copyrighted elements, or don't use them at all.
Look at it as insurance. The premium hurts a bit, but nothing as compared as how it feels to get sued. The courts do not look favorably on copyright infringement - it is, of course, stealing. The money damages are high, and can include profits you make on your product; moreover, the infringed party can force you to stop selling your product and recall everything already released to the market.
