May 19, 2012

A&R UNCUT – F*@k the Majors! Really?

labelmarketshareusa

labelmarketshareusa

I have never been a shy person when it comes to educating those that choose to ignore the obvious.  Therefore, I will begin my blog by being as candid and straight up as I can.  So don’t blame Nick for letting me loose on this site.

Your browser may not support display of this image.I read countless blogs and articles and listen to so many aspiring and not-so aspiring artists say the same thing, Fuck the Majors!   Those with an opinion are quick to downplay the importance of the machine responsible for the catalogs of music that we have cherished since the introduction of the ADAT recorder and 45s.  We are under some impression that the lack of major label monopolies will somehow save our beloved ears from the consistent garbage that we are exposed to playlist after playlist.  Others feel that if it was not for the major labels opinion on their music they would out sell Jay Z.  Not likely.   But let us really entertain the idea of “No More Major Labels”.

Major means more than Minor and anybody past a grade school education should understand that being considered a”major anything” just means you are bigger than anything smaller than you, simple mathematics.  So a major label just means they have a larger market share due to having more capital which allows for more resources and a wider range of exposure.   A free market may sound like a gift to those who find it hard to get noticed or have not had luck with their major label relationships.  But a free market means anyone with a little extra money can be a Star.  I think most of us can agree that most fans are aspiring artists and the average artist can’t sign an autograph without being solicited a demo.  Therefore, there would be no more mass market and smaller territories would be flooded with people releasing their self proclaimed “Hits” on and offline with no attention to quality or direction. It would be absolute chaos, like a city with no police or like living in the internet.

Furthermore, if we realistically absorb the idea of a free market where all artists have equal opportunity to promote to a consumer market; there are resources that “said” artists will need to provide for themselves to even compete with the least successful artist.   Because as long as you are trying to sell yourself you are in fact as much of a product as that last box of Tide.  A) Development (Producers, Studio, Songwriters, etc.)  B) Distribution (i.e. ITunes, Retail Stores) C)Advertising/Promotion (Agencies, Online and print publications, etc.) D) Most importantly, unless you can be in a thousand places at once, you need a solid team (and not just your High school homeboys), people who actually know what organization, planning and consumer behavior means.

With that said, advertising and promotion agencies would reign supreme, freely charging whatever they want to promote just your single to your mere region or neighborhood.  Distributors like iTunes would increase their percentage of sale to account for the increased server space and become more selective in who they allow to sell through their portal. Record stores would charge what ever they want to charge fans for your record and you would be negotiating shelf space because they would have even more options.  There would be no more sweet-ass royalty checks. You would have to pay broadcast and online radio for just a hint of radio play because you desperately need more exposure than your neighbor.  Independent artists would be completely reliant upon banks to obtain enough capital to outdo the exposure of the 5000 songs released in that one day.

Your browser may not support display of this image. So what! the label does not sign YOU.  Stop taking it personal.  Major labels are lenient banks.  They loan you a set amount of money to pursue a dream that would otherwise be difficult to pursue in exchange for a percentage of your successful or unsuccessful business.   With no guaranteed and less likely chance of recouping if you are not as good as they bet on.  Now ask yourself, would Citibank give you a loan to be the next “Kanye West”.  And even if that was an option, I hope you considered your lifetime goals long before that first Macy’s and/or Visa credit card that you were dooped into maxing out during your ONE semester in the technical college that has federal and state garnishing your taxes for the debt you never paid a few years back.  Or perhaps you or your parents own a house or an expensive car that you can put up for collateral because the loan officer is void of artistic vision and secretly wishes music would revert back to the days of vinyl.

Or maybe you can hope for an increase in private investors who will throw all of their available funds into a few talented acts.   These talented acts can go on to sell millions of records and this investor will decide to become an indie label.  Then this indie label will have enough capital and resources to take market share from the majors and then you can submit your demo to them, it can land on top of the thousands of demos the free market has provoked,  they can sign you, criticize and change you, make bad marketing decisions, release a few budding artist that keep the lights on, wait for more records to sell from the two priority artist that sell less records than their last record, in an effort to finance your underdeveloped project and then drop you for not meeting expectations.   Oh, right… that’s a major.

Ok class… I repeat.  Anything that is bigger than the smallest thing is major.  So if you were one of those people thinking “fuck the majors!” Save yourself the agony of over-thinking the obvious scientific fact that it would only lead toEVOLUTION, another Major Label.  And if you think it’s hard to catch a break now, imagine multiplying the pain of exposure to the worst artist simply because they have more money or having to negotiate an overseas distribution agreement with a foreign government who does not see you as important or profitable as your friends and family brag about.  So instead of wishing for the demise of the Major Labels, let’s all get together and pray for the layoffs of all A&Rs who lack the drive to innovate and/or seek talent outside of their friends and family.  Pray for the firing of executives who don’t understand the importance of creative vision and variety, and ANYONE who bases what is hot on what was hot last year.  Even more, let’s throw rocks at ANYONE whose only idea of a great record is any record produced, written and recorded by (insert artist/producer name of choice) instead of becoming, finding and exposing outstanding new talent.

So now that we are on the same page, let’s talk about how to get a deal… when I wake up.

A&R Uncut

Email me at: aruncut@newindustrytips.com

Rhythm J’s ASCAP Guru Session #3 – 9 Commandments of Title Registration

Welcome back ASCAP members and future ASCAP members.  Now that we have Writing and publishing out of the way (See Guru Sessions #1 and #2) we can focus on what gets us money n the first place… The MUSIC!

ASCAP - We Create Music

TITLE REGISTRATION

Probably the #1 reason why music makers don’t make any ASCAP royalties even if they are getting substantial radio and TV play:  You didn’t register any titles… It’s a sad world we live in sometimes… It’s like winning the lottery and you threw out the ticket.

“How do I register titles?”.   Don’t laugh, you’d be surprised how many times I hear this daily…  I shouldn’t get any more calls on this either… Link to Title Registration – for current members only:  http://www.ascap.com/cwrreg/login.asp

YOU WILL NEED YOUR MEMBER ID (aka Member Code, Member Number, Card Number etc) to register titles.  If you have never done this before click on Create Your Account

“But I’m a member already” – Yea no $h&%… create a password so you can get into title registration…

Once on that part of the site ad your password is set up, you will need to enter the following things:

Title of the song

Who are the writers

Who are the publishers

How much is everybody getting?

9 Title Registration Commandments

“Follow these rules you’ll have mad bread to break up” – that is if these songs are actually being played substantially.  Don’t go calling ASCAP all angry because you didn’t get your royalties for your video that played for 5 seconds on public access.

  1. “When I submit my titles am I copywriting/ legally protecting my music?” NO!!!!!! To copyright your music go to www.copyright.gov This is the Library of Congress in Washington DC – this will hold up in court.  And that “poor man’s copyright” that probably won’t hold up against attorneys – sorry to disappoint you.
  2. Include everybody on the song who contributed in the creation of it (see the definition of writer ASCAP Guru Session 2)…  The percentages should be written down on some form of a split sheet and have all writers agree to the percentages.  A split sheet can be found by doing a simple web search.
  3. Please don’t try to be slick, pull a fast one and not include someone on the song if they contributed – all they have to do is call ASCAP and see if they are included on the work, so there’s really no use hiding the truth from them if you attempt to jerk someone.  It will make the industry better too, and a lot less ignorant.
  4. Make sure everybody has a writer and publisher (or) publisher administrator (depending on their deal) account established.  If they don’t, they can’t collect their royalties.  (See Guru Session #1)
  5. Make sure you know what the percentages are… There are countless cases of “oops I thought I was getting 15% not 10%” that cause a royalty distribution traffic jam because someone didn’t want to call their fellow writers and make sure.  The gift and the curse of title registration is that anyone can register a work.  But if you send in something that has you at a certain percentage and Warner Bros sends in something that has you at a lesser percentage and with 3 more writers on the song that you forgot to add, you are going to delay everything for everyone.  So if you’re unsure, ask somebody you collaborated with what the shares should be, and when you ARE sure, call them again… just to make sure
  6. If there’s a discrepancy in shares, the people in question have their funds frozen until it’s sorted out.  “Does ASCAP protect me if I’m gettin jerked?”  Nope… That’s what lawyers are for.  ASCAP will only ask everyone “ok fellas which share list is correct?”. If there’s a dispute you need to handle your business.
  7. “How much do the artists get?”  If they didn’t write anything?  Nothing!  They get money from shows when the writers don’t… why should they get any writing royalties, they’re just singing what you wrote.   This is why being a songwriter and performer is a plus.
  8. READ.  There are guidelines on how to register titles – it’s pretty straight forward.
  9. No CDs no mp3s… just titles.  ASCAP finds your titles based on radio and TV playlists and cue sheets.  Make sure to list the artist or band under “performing artist” even though they are not getting paid as an “artist” it’s easier to search.

This concludes the ASCAP knowledge for now…

Check the ASCAP Expo which is right around the corner, Quincy Jones, Just Blaze, Bill Withers, Dre and Vidal, plus 100s more will be in the building.  Get to know your fellow ASCAP members!

ASCAP I Create Music Expo in LA April 22.-24 http://www.ascap.com/eventsawards/events/expo/

Producers, you can also submit for the iStandard Producer Showcase at the ASCAP Expo http://www.ascap.com/eventsawards/events/expo/2010/istandard.aspx

Can’t make it to LA?  Submit beats to be in the iStandard Producer Showcase in NYC, PHI, CHI, LA, MIA, Boston or the city near you.

http://www.istandardproducers.com/index.php?t=show_submit

iStandard

Hit me on twitter @RhythmJ for any ASCAP Guru questions you may have.

Rhythm J

www.rhythmj.blogspot.com

Rhythm J’s ASCAP Performing Rights Society Guru Session #2

iStandard

What’s up music self educators?  You are making this industry better each day you learn something.  Previously on my last ASCAP Guru Session, we touched upon the importance of publishing and why EVERY songwriter, whether they are signed or not signed to a publishing deal, should have both a writing and publishing account with ASCAP.  Knowing that, the first question that needs to be answered is:  (and you would be surprised how much I’m asked this). What is writing and publishing as far as ASCAP is concerned? After you read below…I shouldn’t get any more calls like this:

WRITING AND PUBLISHING DEFINED – FINALLY

Writer – The person/people who create the music… this includes songwriters, producers, instrumentation, hooks, verses, the dude in the background who came up with that funny ass phrase in the second verse, etc.

Publisher - The person or party that takes the creative material (songs or instrumentals) and works to get that music placed on radio, tv, film etc.  If YOU are that person or party that is pushing the material then YOU are the publisher.  Therefore, YOU must make up a publishing name and register it with ASCAP

“Do I have to start an LLC or Corporation?” No.

“Do I need a tax ID?” No.

“How much?” 35?

“That’s it?” Yup.

“What’s the catch?”. Make sure the name on the check says YOUR name, not your publishing name and you’re good – this change can be made any time…. Preferably before you receive any money.

“Where do I go to do this?” http://www.ascap.com/about/howjoin.asp

“Thanks Rhythm J” That’s why I’m here…

DO IT ON YOUR OWN PUBLISHING VS. GETTING SIGNED WITH ONE

For those of you that have an agreement with a major/independent label, management or publishing company, be sure that you fully understand the terms of your contract.  A company you have an agreement with that did not write any part of the music should NEVER receive writing royalties.  EVER.  If they suggest that… they are robbing you.  This doesn’t mean avoid all publishing deals at all costs. Depending on how effective your company is on getting your music placed on radio stations, TV shows, or  films, it may not hurt you so much to have a deal with that company.

50% of something – a 50/50 publishing deal for example…is better than…

100% of nothing – working on your own unsuccessfully with your own publishing account and placing 0 songs.

One common mistake I always see is when people call and say “yea I’m getting 50% percent of my publishing,” when in reality they are getting just their writing (50% of total royalties) and NO publishing (the other 50%).  See Guru Session 1 for more details on this.  Songwriters need to clearly know if the split of the agreed “publishing” percentage is based on either ALL of their performance royalties (writing + publishing) or based on publishing only (essentially half the total royalty). Read that part again if you need to… it’s important.

Bottom line: If you have a publisher getting placements for you – it may worth it to give them a piece of the publishing half if they are working connects you don’t have and are putting the time in to make placements happen for you. It’s really a judgment call.  Just be sure to read your contracts carefully.

That just about does it for this Guru Session, catch me next week as I’ll be breaking down the all important details to letting ASCAP know what songs you have written so you can earn the money for your placements.

The ASCAP Expo is right around the corner, Quincy Jones, Just Blaze, Bill Withers, Dre and Vidal, plus 100s more will be in the building.  Get to know your fellow ASCAP members!

ASCAP I Create Music Expo in LA April 22.-24 http://www.ascap.com/eventsawards/events/expo/

iStandard

Producers, you can also submit for the iStandard Producer Showcase at the ASCAP Expo http://www.ascap.com/eventsawards/events/expo/2010/istandard.aspx

Can’t make it to LA?  Submit beats to be in the iStandard Producer Showcase in NYC, PHI, CHI, LA, MIA, Boston or the city near you.

http://www.istandardproducers.com/index.php?t=show_submit

Hit me on twitter @RhythmJ for any ASCAP Guru questions you may have.

Rhythm J

www.rhythmj.blogspot.com

Rhythm J

ASK AN EXPERT – Publishing 101 Part 5 Synchronization Royalties

Synchronization Example

Synchronization ExampleSynchronization royalties (‘synch licenses’) are paid for the use of copyrighted music in audiovisual productions, such as in DVDs, television, movies, commercial, and advertisements. Music used in news tracks are also synch licenses. Synchronization can extend to live media performances, such as plays and live theatre. They become extremely important for new media – the usage of music in the form of mp3, wav, flac files and for usage in webcasts, embedded media in microchips (e.g. karaoke), etc but the legal conventions are yet to be drawn.

A synchronization license is needed for a song to be reproduced onto a television program, film, video, commercial, radio, or even an 800 number phone message. It is called this because you are “synchronizing” the composition, as it is performed on the audio recording, to a film, TV commercial, or spoken voice-over. If a specific recorded version of a composition is used, you must also get permission from the record company in the form of a “master use” license. The synchronization royalty is paid to songwriters and publishers for use of a song used as background music for a movie, TV show, or commercial.

Synchronization royalties are due to the composer/song-writer or her publisher. They are strictly contractual in nature and vary greatly in amount depending on the subjective importance of the music, the mode of production and the media used. The royalty payable is that of mutual acceptance but is conditioned by industry practice.

Fees for song usage range from $500-$15,000, with superstar tracks reaching up to $20,000-$250,000. That amount usually includes master rights for broadcast and most other media rights, with a time frame ranging from three years to perpetuity. An additional home video fee is equal to or greater than those quoted. Synchronization rights are negotiated separately, with master and sync rights usually split 50/50, unless the song is a cover — a situation that favors the publisher ?

The price tag for iconic, well-known tunes can be staggering: Tracks by the Who and the O’Jays, used in the opening credits of CBS’ “CSI: Crime Scene Investigation” and NBC’s “The Apprentice,” respectively, generate six-figure deals annually.

Example sync licenses fee’s from the NBC television:

CELEBRITY APPRENTICE

“For the Love of Money” – O’Jays – ($6000/week)

CHOPPING BLOCK

“Ring of Fire” – Johnny Cash – ($11,000/week)

ER

“Shadows and Regrets” – Yellowcard – ($6000/week)

HEROES

“Together” – Krystal Meyers – ($5000/week)

THE JAY LENO SHOW

“Hold On, I’m Comin’” – Sam & Dave – ($8000/week)

“Life Is a Highway” – Tom Cochrane – ($2000/day – $8000/week)

“Mess Around” - Ray Charles - ($6000/week)

See attached Sync License for: Synchronization Example

Marc Smilow

Thanks for taking a minute to read my Blog and I hope you found it helpful.  If you have any questions or comments please feel free to contact me anytime at expert@newindustrytips.com

ASK AN EXPERT – Publishing 101 Part 4 Publishing Split Sheets

Contracts

ContractsSo after this four part series about publishing, I figured that maybe I needed to actually to back track with all the technical stuff and go back to basics and look at filling out a basic publishing split sheet.  I can not explain the importance of filling out publishing split sheets.  I am going to break this down to the most basics levels so please forgive me if you feel like I am treating you like idiots, but again I can not express how important this actually is in making money in the publishing business.

What happens is that everyone gets in a studio and creates a hit record and it is not released for several months after it was recorded.  The label will not start sending publishing statements for an estimated 9months after the commercial release of the song so it could be as many as 18 months since the songs was recorded.   At this point everyone involved will not really remember who did what that night in the studio cause everybody was throwing out ideas and maybe even drinking or smoking.  So it is hard to go back and complete songs sheets, hence the reason I say complete them during the recording session so everyone agrees.

A song is broken down into a 100%.  This one hundred percent represents the percentage that is going to be split between all writers of lyrics and often melodies and a composer/producer or group of composers who created the music whether it is original or sampled.

Then the publishers share is also equal to 100% which is broken down between all the writers and composer/producers publishing companies.

So let’s look at the first basic split of 200% which would be one writer and one composer with no samples. You would divide the song evenly down the middle 50/50 %.   Now the percentage would be further broken down between writers and publishers but still equaling 100% for the writers and composers/producers and 100% for the publishers.  Lets assume in this case that neither writers (lyrics and music) have a publishing deal and have created there own publishing company.

Example#1:

Tom Williams wrote the lyrics and has his own publishing company (Williams Publishing Group)

Steve Jones wrote the music and has his own publishing company (Jones Music Group)

This is what the splits would look like:

Song Title: TBD

Writers:

Tom Williams  -50%

Steve Jones -50%

Publishers:

Williams Publishing Group -50%

Jones Music Group -50%

Total of 200%

Example #2

Tom Williams wrote the lyrics and has his own publishing company (Williams Publishing Group)

Steve Jones wrote the music with his partner Mike Jones, but they have joint ownership in the publishing company (Jones Music Group) This is what the splits would look like:

Song Title: TBD

Writers:

Tom Williams  – 50%

Steve Jones – 25%

Mike Jones – 25%

Publishers:

Williams Publishing Group – 50%

Jones Music Group – 50%

Total of 200%

Example #3

Tom Williams wrote the lyrics for the verses of the song and has his own publishing company (Williams Publishing Group) but the hook was written by David Frost who has his own publishing company (Frost Bite Music)

Steve Jones wrote the music with his partner Mike Jones, but they have joint ownership in the publishing company (Jones Music Group) This is what the splits would look like:

Song Title: TBD

Writers:

Tom Williams  – 37.5%

David Frost – 12.5%

Steve Jones – 25%

Mike Jones –  25%

Publishers:

Williams Publishing Group – 37.5%

Frost Bite Music – 12.5%

Jones Music Group – 50%

Total of 200%

Now this scenario could always have minor changes because Tom Williams and David Frost need to agree on the percentages that they both feel represented there equal share of what the other person wrote on the song.  Some people break the songs percentage down by how many bars you wrote; others split percentages equally no matter what.  Some writers feel that he hook is the main part of the song and want a larger percentage.  This can also be true with the composer/producers because depending on who did what instrumentation on the song.  Maybe one of the composers only did a horn section and would mean a lesser percent if any at all cause they could be a work for hire.  So again this is something that needs to be determined while everyone involved in the song creation is present cause as I mentioned above it gets really difficult to remember 18 months later.

EXAMPLE #4

Rap group New Age Mafia writes a song there are three rappers (Harry Allen, Marcus Little & Paul Davis), in the group and all write there own verse and the composer/producer (Mike Jones) does the hook. The members of New Age Mafia all have publishing deals with different major publishers (Harry Allen – Universal Music Publishing, Marcus Little – Sony/ATV & Paul Davis – Bug Music).  The composer/producer doesn’t use a sample and owns his owns publishing Jones Music Group. This is generally what the splits should look like.

Song Title: TBD

Writers:

Harry Allen – 12.5%

Marcus Little – 12.5%

Paul Davis – 12.5%

Mike Jones – 62.5 %

Publisher:

Universal Music Publishing – 12.5%

Sony/ATV Publishing – 12.5%

Bug Music – 12.5%

Jones Music Group – 62.5%

Total of 200%

EXAMPLE #5

Rapper Large Joe (Joe Johnson & Cartagena Music Publishing/Jellys Jam LLC) writes a record that was composed/produced by Andy Hendrick (Hendricks Music Publishing) and the song use’s a Luther Vandross sample and Mr Vandross and his publishing company (EMI April Music/Uncle Ronnie’s Music) charges 85% of the writers and publishers share of the publishing.  So generally the songwriter and composer of the new song will split the percentage left over that was not taken by the original writer and publisher..  Also Joe Johnson and Luther Vandross both have major publishing deals.  So the following is a break down of the publishing splits.

Writers:

Luther Vandross – 85%

Andy Hendrick – 7.5%

Joe Johnson – 7.5%

Publisher:

EMI April Music – 42.5%

Uncle Ronnie’s Music Company – 42.5%

Hendricks Music Pubishing  – 7.5%

Jelly Jams LLC – 3.75%

Cartagena Music – 3.75%

Total of 200%

As you can see from the five different Publishing 101 Blogs, Publishing can be very difficult but made simple by taking a few extra minutes to fill out the proper paper work making sure everyone involved in the creation of the songs gets the correct percentages based on there pertisipation on the song.

ATTACHED ARE TWO DIFFERENT GENERAL TEMPLATES OF PUBLISHING SPLIT SHEETS

Single Song Writers Split Example

SONG SHEET EXAMPLE

Marc Smilow

Thanks for taking a minute to read my Blog, if you have any questions or comments please feel free to contact me anytime at expert@newindustrytips.com

ASK AN EXPERT – Publishing 101 – Part 1 Intro to Publishing

EMI PublishingSo I was recently asked by an artist/friend how does publishing work? My response is do you have a couple of hours to site down and we can go through everything and you can buy me lunch. I think I got the short end of the deal.

Now onto publishing 101…..Successful songwriters (Lyrics) and composers (Producers) have a relationship with a publishing company defined by a publishing contract or can become there own publishing company. You can do a publishing agreement with a major publishing company such as EMI Music Publishing, Universal Music Publishing Group, Sony/ATV Music Publishing, Warner/Chappell Music and/or a smaller publishing company like Bug Music Publishing, The Royalty Network, Spirit Music Group or Kobalt Music Publishing or even a sub publishing company of one of the majors.

The publisher agrees to see to it that the composers receive royalties from various uses of their compositions. Generally they also provide an advance against future income. In return, the publishing company receives a percentage, which can be as high as 75% and varies for different kinds of royalties, or the current trend an administration deal. An administration deal is when a publisher just collects the above mentioned royalties for a smaller advance and a smaller percentage generally between 10% to 20%.

There are several types of royalties: Mechanical Royalties derive from the sale of recorded music, such as CDs or digital downloads. These royalties are paid to publishers by record companies (through the Harry Fox Agency as well as through American Mechanical Rights Agency in the U.S.) or can be directly collected through the record labels publishing royalties departments. Performance Royalties are collected by performance rights organizations such as SESAC, BMI or ASCAP and are paid by radio stations and others who broadcast recorded music. Synchronization Royalties are required when a composition is used in a film or television soundtrack. These royalties typically pass through the hands of a music publisher before they reach the composer.

A publisher will typically also handle copyright registration and “ownership” matters for the composer. Music print publishers also supervise the issue of songbooks and sheet music by their artists.

Thanks for taking a minute to read my Blog if you have any questions or comments please feel free to contact me anytime at expert@newindustrytips.com

Marc Smilow

To become your own expert on publishing be sure to see the post on the industry handbook, Music, Money & Success


Publishing Companies Contact Information:

EMI MUSIC PUBLISHING

http://www.emimusicpub.com/

UNIVERSAL MUSIC PUBLISHING

http://www.umusicpub.com/

SONY/ATV MUSIC PUBLISHING

http://www.sonyatv.com/

WARNER CHAPPELL MUSIC

http://www.warnerchappell.com/

BUG MUSIC/WINDSWEPT

http://www.bugmusic.com/

ROYALTY NETWORK PUBLISHING

http://www.roynet.com/


SPIRIT MUSIC GROUP

http://www.spiritmusicgroup.com/

KOBALT MUSIC PUBLISHING

http://www.kobaltmusic.com/

HARRY FOX AGENCY

www.harryfox.com

AMERICA’S MECHANICAL RIGHTS SOCIETY

www.amermechrights.com

ASCAP (American Society of Composers, Authors and Publishers)

www.ascap.com

BMI (Broadcast Music, Inc)

www.bmi.com

SESAC

www.sesac.com

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