ENTERTAINMENT NEWS AND CAREER ADVICE

Posts tagged “Advice

Music News: Prodigy Gives Advice To a 13 Year Old Boy With Sickle Cell. A Condition He Lived With All His Life.


Industry Tips & Advice: Music Industry 101

Sit down with Mr. Anthony Hubbard, music industry vet, who has managed, and worked multi-platinum artists and producers over the past 10 years.


Article: Get Your Music on iTunes by Brenna Ehrlich

 

 

Back in the day, it used to be every musician’s dream to see his CD on the racks of the local record store (raise your hand if you’ve ever sold your own disc to a shop in order to see it in the “Used” bin). Now iTunes is the place to be when it comes to hocking music.

If we’re talking about the paid digital download market, easily . And while Amazon just and launched a , iTunes still reigns supreme for now. That’s why we’ve taken a look at how to get your music up there as easily as possible — and it’s pretty damn easy.


1. Do You Qualify To Work With Apple Directly?


First, check iTunes’s and see if you can work with the company directly. It’s likely that you can’t because the requirements are pretty hard for the average unsigned indie artist to meet. Here’s a sampling:

Content Requirements:

  • At least 20 albums in your catalog.
  • UPCs/EANs/JANs for all products you intend to distribute.
  • ISRCs for all tracks you intend to distribute.

2. Pick an Aggregator


Don’t meet those requirements? No problem. You don’t have to deal directly with . Instead, you can go through an Apple-approved aggregator. Apple has a handy list of aggregators (check out the page for that) you can use for countries around the world, but for brevity’s sake, we’re going to give you a little more info on two of the most popular: TuneCore and CDBaby.

Recently, TuneCore raised its rates and added a bunch of , prompting CDBaby to offer a price cut to artists who switch over to its service. We’ll give you the rundown on each below so that you can make an informed decision based on what’s best for your band.



Price:

  • $9.99/year per single.
  • $9.99/year per ringtone.
  • $49.99/year per album (regardless of how many songs are on the album).

Do You Retain Rights?: Yes

Payment: You keep 100% of royalties (after the store takes its cut). You can receive the money via PayPal, EFT (Electronic Funds Transfer to U.S. and U.S. territory banks only) or check. Note: iTunes does take around 30% of sales, so you’ll be making $0.70 per song and $7.00 per album.

Other Stores You Can Sell On: Amazon MP3, Spotify, MySpace Music, MediaNet, eMusic, Zune, Rhapsody, Nokia, Napster, Thumbplay, Amazon On Demand. There’s no extra charge per store.

How Long Does It Take?:

TuneCore’s estimates:

  • 24 to 72 hours for iTunes.
  • About three to seven business days for AmazonMP3.
  • About six to eight weeks for Amazon on Demand, Spotify and MediaNet.
  • About one to three weeks for all other stores.

Fees: If you decide to take an album down early (before six months), you’ll have to shell out $20.

Some Extras:

    • Apple Artist Ping pages: We all know how hard it was to figure out how to get on . TuneCore works with artists and iTunes to expedite that process.
    • Daily iTunes trending reports (coming soon).
    • Mobile app that displays iTunes trending data (coming soon).


    As you recall, CDBaby is now offering to artists who switch over. Make sure to compare and contrast features before taking the plunge.

    Price:

          • $59 per album — this is a one-time cost (the listed cost is $39, but you have to shell out $20 for a UPC barcode).
          • $14.95 per single — this is a one-time cost (same deal, it’s listed as $9.95 but a UPC barcode costs $5).

    Do You Retain Rights?: Yes

    Payment: Users keep 91% of net earnings through iTunes (after the store takes its cut). That’s $0.60 cents per song and $6.50 per album. You can be paid via check, ACH deposit to U.S. account, or PayPal.

    Other Stores You Can Sell On: Physical distribution of CDs, DVDs, and vinyl, as well as iTunes, Rhapsody, eMusic, Amazon MP3, Napster, MySpace Music, Spotify, Liquid Digital, Verizon V-Cast, Nokia, Last.fm, Zune, MediaNet, Tradebit, GreatIndieMusic and Thumbplay. You only have to pay once to put an album on one physical format and all digital formats.

    How Long Does It Take?: Two business days for iTunes, one to four weeks for other digital distributors.

    Fees: No fees if you decide to cancel.


    3. Get Your Music and Cover Art Ready For Upload


    Once you’ve chosen your aggregator, the process is pretty simple. Just upload your art work to your chosen service and it will lay out how to match it up with your music.

    If you’re uploading music, it’s best to convert your audio files to WAV and set them at a 44.1 kHz sample rate, 16 bit sample size with the channel set to stereo. You can do that in the iTunes software:

          • Find your song on iTunes and highlight it.
          • Go to preferences. Under “General,” go to “Import Settings.”
          • Change “Import Using” to WAV encoder and change setting to “Custom.”
          • A new window will pop up, where you can change the sample rate to 44.1 kHz and sample size to 16 bit. Change “Channels” to Stereo and Stereo Mode to Normal.
          • Go back to the library, right-click on your highlighted song and select “create WAV.”
          • Drag file to your desktop.

    As for artwork, you should also upload high quality, original images. They should probably be square, at least 1,000 by 1,000 pixels and rendered as a JPG.

    SOURCE:.


    Industry Tips & Advice: Top Five Parent Questions about Music Industry by Heather McDonald,

    Your child wants to work in the music industry – now what? Many parents worry about their children hitching their wagons to the music industry because they’re concerned they won’t find secure jobs, make enough money to support themselves or get serious about life. The reason for many of these concerns is that the music industry is a great unknown to many parents. When your child tells you they want to work in the music business, your mental picture may go to Spinal Tap-esque stereotypes and not much else.

    The good news is that the music industry can be a viable goal for your child if they are dedicated to working hard. With your support, they can thrive there as they would in any other industry. Check out these common questions parents ask when their kids want to work in music for the answers to some of your biggest concerns.
    1. What Kind of Education Does My Child Need?

    This topic is a tricky one. In terms of getting a job in the music industry, experience is what really matters, and it is true that many people working in the music industry don’t have a college degree. That isn’t a hard and fast rule – some industry jobs do require a degree, such as working for a major label. On one hand, the question of college comes down to what exactly your child’s goals are. It may not be required.

    That is, it may not be required to get certain industry jobs, but it might be required by you, and that is OK. A college degree offers a good back-up plan and gives your child something to fall back on while they are trying to break into the industry. In terms of the music industry, the major doesn’t matter so much, but subject areas in the arts or business related courses can both be helpful.

    What about music business degree programs? These can be good as well, but judge the programs carefully. Look for schools that have a strong track record of internship placements and have faculty with actual industry experience. These programs will be most valuable to your child.

    While in school, encourage your child to get as much hands-on experience as possible. Encourage internships plus getting involved with the music community on their college campus. These are the things that will make their resumes strong. A degree alone will not cut it.

    2. Can My Child Make Money in the Music Industry?

    The music industry is highly competitive, and your child will likely face having to work for free or for very low pay to get a foot in the door. That is the reality – however, remember, that experience isn’t exclusive to the music industry. Many people who are trying to break into the music industry work second jobs to support themselves while they are paying their dues and looking for a good music related opportunity, so have a conversation with your child about their ability to commit to that kind of schedule.

    However, once they DO get into the business, sure, they can make money. There is a vast middle class in the music business – people who don’t make millions but make enough money to support themselves and their families. Like any industry, the music business is subject to highs and lows based on any number of internal and external economic factors, and these highs and lows can affect employment and wages.
    3. What Kind of Resume Do You Need in the Music Industry?

    To work on the business side of the music industry, there’s one thing that trumps all else – experience. As previously stated, employers may or may not require a college degree, but experience always carries the most weight.

    If your child is intent on working in a specific role in the industry – for instance, they know they want to be a manager – then of course experience like interning with a manager is a great thing for them to have under their belt. However, any and all experience is a good thing – working at the college radio station, promoting shows for the local club, being a runner at a label – it all counts.

    Why does experience count so much? The music industry is highly competitive, but many people trying to gain entrance have a skewed idea about what music industry work is like. They aren’t prepared for the long hours and hard work that is really required to succeed – they buy into the “swimming pools and movie stars” Hollywood version of the story. That means that companies are always bringing people on board who aren’t really there to work – and that costs them time and money. The more experience your child can put on your resume, the more that resume will say, “I get what it means to work in music, and I really want to do this.”

    If you live in a place where music industry experience isn’t forthcoming, encourage your child to get active creating their own opportunities. They can contact to local paper to see if they can do some music reviews, organize a battle of the bands showcase, approach local musicians and volunteer to run their social networking sites – this kind of ingenuity and self-starter attitude is prized in the music industry and will look great on their resumes.

    4. How Can My Child Find Music Industry Employment?

    Here’s the tough part – finding the job. In this competitive industry, your child will need to have several irons in the fire at once when it comes time for them to seek their first job. Here are a few things they should be doing:

    Monitor company websites for job openings
    Monitor music industry specific job portals, like Music Jobs, for openings
    If they go to college, using their university job placement center, internship center and/or professors. Even if they didn’t do a music specific degree, they should approach professors in the music department for advice.
    Asking contacts made through work experience/internships for advice about any openings and for referrals to companies who may need help.

    In many ways, applying for a music job isn’t different from applying for any first job. However, word of mouth goes far in the music business – another reason experience matters so much. Those contacts can be invaluable.

    If your child reaches the point where they need to apply for jobs and they don’t have any contacts, now is the time to start making some. They can start by introducing themselves to anyone local who is involved in music, and they should also reach out to music industry professionals online via email or social networking sites. They won’t always get a response, but it just takes one person to take interest to make a difference.
    5. Is The Music Industry REALLY a Serious Career Choice for My Child?

    I’m not offended you ask. My parents wonder(ed?) the same thing. But in a word – YES! The job description may include things that might seem like social occassions – going to shows, going to the studio, going on tour – but being involved in these things from a work perspective is much different from having a night out. The music industry is a business – period. Whether your child ends up working in the independent music world or the major label music world, they will be expected to work long hours in a highly competitive work environment and to achieve measurable successes under difficult circumstances. They may get to wear jeans and Converse to work, but they doesn’t mean they are working any less their friends who have to wear a suit and tie.

    The product may be music, but ultimately, your child will experience working life like anyone else. They’ll have long hours, the potential for advancement if they perform well, the potential for dismissal if they don’t, good bosses, bad bosses, troublesome clients – you know, standard stuff. They will definitely get some cool perks, but trust me, they’ll earn them.

    Music and/or working with music is a legitimate talent. If your child has it, then the music industry has a legitimate, serious career for them.

    SOURCE:

    http://musicians.about.com/od/otherindustrycareers/tp/parentsquestions.htm


    Industry Tips & Advice: Just Blaze gives advice to upcoming artists

    Just blaze gives advice to upcoming artists at New Music Seminar in NYC 2010.

    New Music Seminar 2010 NYC Webster Hall


    Industry Tips & Advice: Self Promote Your Music by Heather McDonald

    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.

    Time Required: Ongoing
    Here’s How:

    1.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.

    2.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.

    3.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.

    4.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.

    5.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.

    6.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..”

    7.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:
    1.Know 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.

    2.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.

    3.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.

    4.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.

    5.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.”

    SOURCE:

    http://musicians.about.com/od/beingamusician/ht/selfpromote.htm


    Industry Tips & Advice: Why Artists Should Own Their Own Publishing

    Syd Butler, founder and President of French Kiss Records, tells aspiring artists why they should make sure to retain ownership and control of the publishing rights on the songs they write.


    Industry Tips & Advice: What is a Mechanical License?

    Producer, musician, and label owner George Howard discusses what mechanical licenses are and how they make money, how revenue from mechanicals is collected, and the controlled composition clause that reduces the mechanical royalty rate under certain circumstances.


    ARTICLE: The Benefits Of An Electronic Press Kit In Music

    Today we’re going to look at what an electronic press kit is (Also known as a EPK) and what you as a musician would include in one. We also look at how having an EPK would benefit you. If you haven’t made an electronic press kit yet, now is the time to do so.
    What Is An Electronic Press Kit?

    First of all, what is an EPK? Well, a EPK is a press kit in digital format. If any journalists want any information about you or your band, they would search your website to see if you have a pack for the media. This will be your pack.

    Some of the contents of musician’s electronic press kits can typically be found on their social networking pages, such as their Facebook, Reverb Nation, and MySpace pages. The difference between these sites and an electronic press kit however, is that the press kit takes the fragmented bits of information scattered across various profiles, and merges them into one concise entity. The end result is a single destination for every bit of information a professional in the music industry could ever need to know about you or your band.
    Benefits Of An Electronic Press Kit (EPK) For Your Music

    So if a lot of it is already out there (Your bio, photos, sounds, and awards), why take the time to regurgitate what you’ve already done for your social media sites? Well, here are a few good reasons:

    EPK’s Are Streamlined.
    Event coordinators and members of the press are busy people; they don’t have time to wait for your MySpace page with 15 videos and a high resolution background to load. If they want to see the videos and they want to see your fancy photo shoot, they’ll navigate to the video and photo sections of your press kit. Don’t make them sift through all of that when they’re really just looking for an email address or a band roster, you will find that you lose a lot of important people’s interest fast.

    Different Information Types For Different People.
    Fans want to watch video clips of you performing at the last concert they went to, they want to leave you a comment to let you know how much they loved your show, and they want to sign up for your newsletter. Journalists want facts: Awards you’ve won, venues you’ve played, albums you’ve made, what your promotional efforts have been like, and a list of where you’re performing next.

    Saving Music Event Coordinators Time.
    Who is the main point of contact for bookings and how can they be reached? How much original material does your band play? What equipment and instruments do you have? What is the approximate footprint of space needed to perform? What additional amenities will you need? If event coordinators can easily find this information without ever asking, you’ve saved them and yourself one or two rounds of emails or phone calls before you ever initiate contact.
    Cover All Bases With Your EPK Electronic Press Kit

    When creating your electronic press kit, remember that more is better than not enough. It’s impossible to predict what information a reporter could be interested in, so it’s best to have it all. They may want to know the last show you had in their city, the name of your first EP, the title of that one song you sang about your aunt Donna, you don’t know. So cover it all, otherwise you risk losing the opportunity to be mentioned by them.

    If you want press, you need to have an electronic press kit. This makes you easily accessible, and appear to be easy to work with. So don’t delay, get your EPK up and running on your website today!
    -Danielle- Art of Melody


    Industry Tips & Advice: How to start a career in radio and get music on the radio

    LWO Magazine presents 102 JAMZ radio personality Shelly Flash. Take a look at this interview if you want a career in radio or want to know how to get you music on-air.


    Industry Tips & Advice: MUSIC PUBLISHING – AN OVERVIEW (Part 1 of 2) by Alan Korn

    This article is designed to give an overview of music publishing. Although the details can be less than fascinating, music publishing remains one of the most financially lucrative areas in the music business, and one of the few areas where artists can generate real money. As a result, it is particularly crucial for recording artists and songwriters to protect their publishing rights. The best way to start is to learn the basics of the music publishing business.

    WHAT IS A MUSIC PUBLISHER?
    Before the invention of the phonograph, songwriters earned income by relying on music publishers to sell sheet music of their songs. Even as radio and television replaced the piano in the parlor, music publishers continued to play an important role as popular singers continued to rely upon established songwriters to provide their material. However, with the advent of rock and roll (and especially the Beatles) popular recording artists began to write more of their own songs. Since that time, the music publishing industry has taken on a less important role. Nevertheless, music publishers continue to perform several important functions that you should be aware of.

    WHAT DOES A MUSIC PUBLISHER DO?
    Today, music publishers are concerned with administering copyrights, licensing songs to record companies and others, and collecting royalties on behalf of the songwriter. Some of the more important music publishing activities are listed below:
    Mechanical Royalties

    The term “mechanical royalties” initially referred to royalties paid whenever a song was reproduced by a mechanical device (remember that one of a copyright owner’s exclusive rights is the right to authorize the reproduction of their work). The term “mechanical royalties” was applied to the reproduction of songs in music boxes, player pianos rolls, and later, phonograph records. This term is still used, and “mechanical royalties” now refers to royalties paid for the reproduction of songs on CD, DAT, audiocassette, flexi-discs, musical greeting cards, and other devices sold on a “per unit” basis.

    The amount of money a record company must pay for a mechanical license is generally set by the Copyright Royalty Tribunal. This rate is sometimes referred to as a “statutory” rate. The current statutory rate through December 31, 2007 is nine and one-tenth cent ($.091) per song. This means that a single song can generate up to $.91 cents for every 10 records sold. Unfortunately, it is record industry custom to pay only 75% of the statutory rate to new or moderately successful songwriters. This means that a typical songwriter without enormous clout would generate a little more than 68 cents for every 10 records sold. After the publisher collects this money from the record company and takes its share of the income, a songwriter may receive as little as half of this amount.
    Foreign Monies

    Foreign countries sometimes have different laws governing the collection and distribution of mechanical royalties. As a result, it is often necessary for publishers to enter into agreements with a foreign publisher (or “subpublishers”) to collect a songwriter’s mechanical royalties in that territory. After the subpublisher takes a cut (anywhere from 15% to 25%) the rest of this foreign income is divided between the publisher and the songwriter according to their agreement.

    Synchronization Licenses
    Whenever a song is used with a visual image, it is necessary to obtain a “synchronization” (or “synch”) license permitting the use of that song. Music publishers issue synch licenses to television advertisers, motion picture companies, video manufacturers and CD-Rom companies. A portion of this money (usually 1/2 the net proceeds) is paid to the songwriter.

    Transcription Licenses
    Because radio is not a visual medium, the use of a song as part of a radio commercial requires a separate license, known as a “transcription license.” Sometimes songwriters are able to negotiate provisions in their publishing contract preventing their songs from use in certain contexts, such as ads for alcohol, tobacco, political campaigns or other uses the songwriter may find offensive.

    Print Licenses
    Although sheet music sales have diminished over the years, many songs are still available in print form. These include books of songs by specific artists, instruction books or compilations of hits within a given genre (i.e., “100 Country Hits of All Time”). The music publisher issues print licenses and collects this income from the sheet music company, while the songwriter receives a small royalty derived from the sale of his or her song in print form.

    Administration and Registration of Copyrights
    Because music publishers generate money by licensing copyrighted compositions, they must also perform various administrative tasks involving copyright transfers and the registration of musical copyrights with the U.S. Copyright Office. Registering your copyright with the US Copyright Office provides added protection to copyright holders, and can permit the copyright owner to recover statutory damages of up to $100,000 and attorneys fees if the copyright is subsequently infringed.

    Public Performance Royalties
    A copyright owner also has the exclusive right to authorize the “public performance” of that work. This is why radio and television broadcasters must enter into licenses with performance rights organizations such as BMI, ASCAP and SESAC. These performance rights organizations collect income on behalf of songwriters and music publishers whenever a song is publicly broadcast. A future column of the Fine Print will discuss these performance rights organizations in more detail.

    Even though music publishers do not collect this performance rights income, publishers remain entitled to 50% of the money received by BMI, ASCAP, SESAC and others. Publishers also register songs with these performance rights organizations.

    “Song Plugging”
    This obscure term refers to music bizzers who promote the compositions of others. This may involve convincing popular artists to cover your song, or convincing Disney to use your latest tune in their next animated feature.

    Translations
    Publishers may also authorize translations in order to generate income from cover versions of a particular song in foreign countries.

    Obtaining a Record Deal
    Music publishers are usually generally most in signing established songwriters or recording artists who write their own material. However, some publishers may be willing to sign new songwriters or bands without a record deal. If a publisher believes an undiscovered artist will one day sell lots of hit records, they may help the artist record demos and assist in trying to land a major record deal. If the artist gets signed, the music publisher will hope to see a reward for its investment in the form of mechanical royalties, public performance royalties and other derivative income. A publisher may even be willing to contribute to tour support or provide extra promotions money in order to generate future publishing income from record sales and airplay.

    WHY CONSIDER A PUBLISHING DEAL?
    The main reason is money. Music publishers may be willing to pay a substantial cash advance for a songwriter’s past, present or future material. In exchange, the publisher will own a percentage of that artist’s musical copyrights and keep a percentage of money these songs earn.

    Of course, publishers are unlikely to pay an advance unless they believe they can make a profit on the deal. Like everyone else in the industry, music publishers are in the business of buying something of yours in order to sell it to others at a profit. Unfortunately, many artists do not realize how valuable their publishing rights are. The history of the music business is littered with sleazy promoters who paid pennies for songs that later generated millions in income.

    Not every artist needs a publishing deal, and some artists may be better off by avoiding traditional publishing deal altogether. Many different publishing options may be available to an artist today. Some publishers may be willing to enter into a more limited “co-publishing” deal, and “administration” deals may be available for independent artists who seek to retain their valuable copyrights. The next column will look at each of these deals more closely.

    SOURCE:

    http://www.alankorn.com/articles/publishing_1.html


    Industry Tips & Advice: How to Create a Music Image That Sells

    Creating an image is the most important tool for a recording artist today! This shows you how to develop one that sells.


    Industry Tips & Advice: Music Law – What are Common Types of Music Publishing Contracts? by Ruben Salazar, Esq

    The seven (7) basic music publishing contracts are:

    (1) Single Song Agreement: This type of music publishing contract is an agreement between the writer and the music publisher in which the writer grants certain rights to a publisher for one or more songs. In single song publishing contracts, the writer is paid a one-time recoupable advance.

    (2) Exclusive Songwriter Agreement (“ESWA”): Under the ESWA or “staff writer” contract, the song writer generally grants all of the publisher’s share of the income to the music publisher. The writer’s services are exclusive to the music publishers for a specified period of time. Thus, any compositions written within that period belong to the music publisher. These publishing contracts are usually offered to writers with some degree of success.

    With this type of music publishing contract, because writer has a track record of writing hits, the publisher feels confident that it will recoup its investment. In return for signing away exclusive rights to some or all the writer’s songs, the writer gets paid by the publisher a negotiated advance against future royalties. The advance amount naturally depends on the writer’s bargaining power and on the competition in marketplace, if any. Under a staff writer deal, the writer is paid on a weekly or quarterly basis. An ESWA can be either tied to a record contract or independent of a record contract.

    (3) Co-publishing Agreement (“Co-pub”): The co-publishing (“co-pub”) deal is perhaps the most common publishing contract. Under this deal, the songwriter and the music publisher are “co-owners” of the copyrights in the musical compositions. The writer becomes the “co-publisher” (i.e. co-owner) with the music publisher based on an agreed split of the royalties.

    The songwriter assigns an agreed percentage to the publisher, usually (but not always), a 50/50 split. Thus, the writer conveys ½ of the publisher’s share to the publisher, but retains all of writer’s share. In a typical “75/25 co-pub deal,” the writer gets 100% of the song writer’s share, and 50% of the publisher’s share, or 75% of the entire copyrights, with the remaining 25% going to the publisher. Thus, when royalties are due and payable, the writer/co-publisher will receive 75% of the income, while the publisher will retain 25%.

    (4) Administration Agreement (“Admin”): An administrative agreement takes place between a songwriter/publisher and an independent administrator, or between a writer/publisher and another music publisher. In an “admin deal,” the songwriter self-publishes and merely licenses songs to the music publisher for a term of years and for an agreed royalty split.

    Under this music publishing contract, the music publisher simply administers and exploits the copyrights for another publisher/copyright owner. Only the most popular song writers can even consider asking for an admin deal. Under this coveted arrangement, ownership of the copyright is usually not transferred to the administrator. Instead, the music publisher gets 10-20% of the gross royalties received from administering and exploiting the songs for a certain period of time and for a certain territory.

    (5) Collection Agreement: A collection publishing agreement is like an administrative publishing contract where the writer retains the copyrights, except that the publisher does not perform exploitation functions; like an accountant or business manager, it merely collects and disburses available royalty income.

    (6) Sub-publishing Agreement: These are basically music publishing contracts in foreign territories between a U.S. publisher and a publisher in a foreign territory. They are like admin or collection deals (with no ownership of the copyrights being transferred to the sub-publisher), but limited to one or more countries outside the U.S.

    Under this music publishing contract, the publisher allows the sub-publisher to act on its behalf in certain foreign territories. Often, they are limited to a group of countries, such as European Union (EU), GAS (Germany, Austria, Switzerland), Latin America, etc.

    (7) Purchase Agreement: Under this publishing contract one music publisher acquires in whole or in part the catalogue of another music publisher, sort of like a merger of companies. With this type of music publishing contract, a “due diligence” investigation is done to determine the value of the catalogue.

    SOURCE:

    http://law.freeadvice.com/intellectual_property/music_law/types_publishing_agreement.htm


    Industry Tips & Advice: John Kellogg, Esq. Speaks on Music Business Ethics

    Dr. Rick Wright of Clear Channel WPHR Power 106.9 FM talks with John Kellogg, Esq. Re: Music Business Ethics, 12-16-07


    Industry Tips & Advice: 10 Tips on Social Media Marketing

    10 Tips on Social Media Marketing Success-Part 1 From: MeettheBossTV
    Nov 17, 2010

    Social marketing is not new. Think of the Tupperware parties of the 50s. But social media, the technology that has truly enabled local to go global, is new. And you’re too late: it’s already been claimed by the crowd — meaning that marketers have at least one clear challenge: participate, don’t dictate. Online, people talk to people, not to brands.

    Includes:
    Alex Hunter, Independent Brand Consultant
    Ian Chapman Banks, General Manager, Dell
    Julian Persaud, Managing Director, Google
    Ji Hee Nam, VP Digital Media, MTV
    Paul Soon, Regional Director, XM/JWT


    Industry Tips & Advice: SVP of Island Def Jam Records talks Sales Strategy

    SVP of Island Def Jam Records talks Sales Strategy From: MeettheBossTV
    Feb 1, 2010

    How do you react to a rapidly changing marketplace? Christian Jorg, SVP for Island Def Jam Records tells us how the music industry will profit from change, and why new media is the best friend a sales team could have. … (more info) (less info) View comments, related videos, and more


    Industry Tips & Advice: How to Dj – Danny Rampling Shoom Interview

    Everything You Need to Know about DJ’ing and Success

    Life is about relationships, people, happiness, health, career and so much more. You deserve the very best and to live a charmed life. I’ve included tips and secrets to keep you at the top of your game, whatever game you are in. The insider secrets I share with you about the music industry and DJing sections precede what I deem to be the most important section, all about true lasting success, fulfillment and happiness.

    Do you want to learn the secrets why some people are successful and others aren’t? Ask yourself. How successful do you want to be? You just need to decide on what level you want to play at! As a future public personality, it’ s vital that you are prepared and ready for the success that will come to you. Would you like to know all of the best secrets of success that I’ve learned over a lifetime?

    Your Blueprint For Success There is so much more to life than decks. Honest! http://dj-world-guide.mariakaran.com/ Everything You Need to Know about DJ’ing and Success

    Fastrack Your Success

    Learn About the Electronic Music Business

    Learn How to Market Yourself
    * How to Approach Nightclubs & Promoters to Get a Gig
    * Ingenious Ways to Increase your Fan Base
    * How to prepare the perfect demo for promoters and club owners
    * Which DJ agencies to contact
    * How to break into the radio broadcasting
    * What it takes to be a great resident DJ
    * The essential skills to be a great mobile DJ
    * How to promote yourself using different mediums
    * How to develop a strong, professional image and identity
    * Advice on Finding Professional Photography & Design (& other skill sets), Cheaply!

    Everything You Need To Know About DJing &; Success also contains an extensive bonus section, full of industry contacts and resources,
    which in itself has taken me YEARS and YEARS (and thousands of pounds) to collate. This alone is worth thousands of pounds.

    http://dj-world-guide.mariakaran.com/

    Everything You Need to Know about DJ’ing and Success


    Industry Tips & Advice: Music Industry A-Z Part: DJ & Mixtapes

    Music Industry A-Z “How To” Documentary produced by MDE directed by Sean Crawford. Starring Swizz Beatz, Sean Paul, Fat Joe, Pitbull, Juelz Santana, Cool n Dre, Chris Lighty, Slim Thug, DJ Drama, DJ Camilo, Jadakiss, NORE, James Cruz, Nina Sky, Rupee, Memphis Bleek, Angie Martinez, Killer Mike and many more appear in this “How To” break into the music business documentary.


    Industry Tips & Advice: How to Become a DJ at a Club – Important First Lessons by John Newcomb

    DJing is a difficult industry to break into. You may know all the technical aspects of DJing and may even be able to teach others how to become a DJ, but success may still elude you because of the tough competition.

    The first thing you need to know is that unless you are phenomenally talented, it will take a long time to get a well paying gig at a good club. You will initially have to begin by freelancing. Freelance DJs are at the very bottom of the DJ industry and do face certain scorn from professionals. The irony is that even the professionals started out as freelancers.

    Freelance DJs can usually be found playing at weddings, birthday parties, and small, local events such as school dances. I know this sounds like DJ hell, but this is a very important stage for a DJ – it teaches you how to play music for a very diverse crowd. More importantly, small gigs like these help you pick up the nuances of DJing – charisma, gauging the mood of the crowd, etc. while still getting some all important practice.

    These gigs are also good for networking. As any professional DJ will tell you, DJing is a lot about knowing the right people. Try to get to know people whereever you are playing, even if its a wedding. Who knows you may just catch the eye of the right person and land yourself a good gig at a club.

    The night club scene is, of course, where all the action is. Before you graduate to this level, you would have hopefully played in smaller gigs several times and have a firm grip on the technical as well as non-technical aspects of DJing. Night club gigs are often make-or-break opportunities (unless you happen to know the owner of the club, of course), and all your experience will come handy at moments like these.

    The most important thing for a good DJ is to have a style that is unique to him. This can only be created through extensive practice. At the night club level, having your own unique sound will help set you apart from the others and hopefully open up doors for even more lucrative gigs.

    Moral of the story: as a DJ, you should never shirk from any sort of gig, no matter how small it may be. The best DJs started out playing at weddings and school dances. These are valuable practice grounds and you should take up these opportunities whenever you get them.

    SOURCE:

    http://ezinearticles.com/?How-to-Become-a-DJ-at-a-Club—Important-First-Lessons&id=5644762


    Article: Jadakiss Speaks On The State Of Hip-Hop by Boss Lady


    Jadakiss dropped by Invasion Radio on Hip-Hop Nation (Sirius/XM 44) with DJ Green Lantern and myself earlier this week to promote his upcoming mixtape I Love You: Dedication To The Fans (due May 24 via Def Jam) and shed serious light on the differences between hip-hop in the late 90s till now. He also touches on the thin line between “grinding” and “annoying” for upcoming rappers, words of advice from Jay-Z and more:

    SOURCE:

    http://live.drjays.com/index.php/2011/05/13/jadakiss-speaks-on-the-state-of-hip-hop/


    Industry Tips & Advice: The Differences Between Songwriting in NYC & Nashville by Cliff Goldmacher


    As a transplanted songwriter from Nashville to New York City, I’ve had the chance to observe, up close, the approaches to songwriting and the songwriting communities in both cities. While there are of course many similarities, there are also quite a few differences. By the way, I feel I should mention that the following observations are really more my impressions than hard facts.

    Differences Within the Similarities

    In this article, I’ll start with a similarity between New York and Nashville as it’s readily apparent and then explain how, within that similarity, one city differs from the other. One of the first similarities is that both cities have huge songwriting populations. The depth and breadth of talent in both places encompass many more genres that the obvious country music for Nashville and pop and rock music for New York. There are great pop writers in the suburbs of Nashville and extremely accomplished country songwriters living in Greenwich Village.

    Finding the Songwriters

    One difference between the two songwriting communities is how easy they are to locate. Because Nashville’s artistic community is predominantly made up of singers, songwriters and musicians, it’s much easier to find the music/songwriting community there. New York, on the other hand, has a wonderful songwriter population, but it’s mixed in with the countless other artists and creative types that live there and is thus less obvious. In other words, it takes a little more effort to find the songwriters in New York, but believe me, they’re there.

    Before moving from Nashville to New York, I’d taken several writing trips a year up to New York and, by a process or trial and error, I found a core group of NYC songwriters that became my go to people on every trip. This way, when I eventually moved to New York, I felt like I was instantly part of the community even though I had to discover it little by little. I highly recommend this approach for anyone considering a move to New York as it eases the transition and makes the entire process much less overwhelming.

    Co-writing

    Although both New York and Nashville have large numbers of songwriters, co-writing is much more a part of the day to day routine in Nashville. It’s not unusual for a Nashville writer to have five co-writing appointments in a week where they meet with a different cowriter every day in a publishing company office on Music Row. This happens for several reasons. First of all, as a hired staff songwriter for a Nashville publishing company, you are given a yearly quota of songs that you need to fulfill. The more songs you write, the more quickly you’ll fulfill your quota. Publishers make a real effort to connect songwriters they think will work well together and go as far as to set up co-writing appointments for their writers. As a result, it’s fairly common in Nashville to be set up on a “blind date” cowrite. Secondly, even though you’re only credited with half a song for a cowrite, it’s easier to motivate yourself to write if you’ve got someone to collaborate with. The act of scheduling appointments and being expected to show up significantly eases the stress of having to create on a schedule. This approach seems odd to a lot of New York writers who are either artists themselves and used to writing with their own bands or are songwriters used to working with artists whose schedules are much less predictable.

    Lyrics

    Staying with the generality that you’re writing country in Nashville and pop or rock in New York, I’ve noticed that the rules of lyric-writing between these genres and cities differ significantly. In Nashville, the story is king. This means that the lyric has to make perfect sense, the images are concrete and the story has a logical flow from beginning to end. There’s not a lot of room for poetic, impressionistic lyrics that don’t have the arc of a story. New York, on the other hand, while it certainly has its share of great songwriter/storytellers, has a broader tolerance in its pop and rock genres for words that “feel” and “sound” good together. Please don’t misunderstand. It takes just as much skill to write a great pop lyric where the words convey the emotion of the song and carry the nuances of the melody as it does to write a great story in a country song, but it’s a different skill set. I’ve found that switching from one approach to the other can be creatively liberating and quite a bit of fun. Also, it’s interesting to see how one city’s lyrical approach can bleed into the other’s. In this way, you can end up with country lyrics where the words in the story sound good next to each other or pop lyrics with the arc of a story to them.

    Labels

    Speaking of artists, another similarity in the two cities is that they are both home to major record labels and their signed artists. This alone attracts a huge number of songwriters to both cities. The difference here is that country music artists are still largely dependent upon outside songs for their projects. In New York, bands tend to write their own material and it is less common for these artists to go looking for outside songs. Occasionally songwriters will be paired with these bands/artists in New York allowing the writers to end up with cuts on these acts. Of course, all of these distinctions are lessening as more country artists write and cowrite their albums as well.

    You Can’t Lose

    At the end of the day, both communities are great places to work and create. Ironically, after living in Nashville, working as a staff songwriter and writing for the country market for twelve years, my first cut was with a New York writer and was recorded by an Irish tenor on Universal Records named Ronan Tynan. In my opinion, it was the blend of our New York and Nashville songwriting sensibilities that came together to create that song. What I mean by this is that somewhere between the soaring melody more suited to pop and the lyric that had more of a country attention to detail, we came up with a classical crossover song. So, if you’re a Nashville writer thinking about working in New York (or vice versa) I’d highly recommend it. Sometimes it’s the differences that create the best art.

    SOURCE:

    http://www.songwriting.net/blog/bid/57769/The-Differences-Between-Songwriting-in-NYC-Nashville


    Industry Tips & Advice: Social Media Marketing for Your Music Business by Japheth

    The new digital landscape has caused an apparent tsunami in the music industry. With the rather constant barrage of reports and claims indicating that digital music downloads (both legal and illegal) are financially bringing down the industry, one might assume that digital technology is the enemy. Although a pessimistic attitude is somewhat appropriate for those businesses tied to their old-world models of manufacturing and distribution, the opposite is true for those willing to embrace digital technology and marketing for their music business. In the same way that digital music for artists has allowed for selling to more fans than previously possible with selling CDs alone, digital marketing provides opportunities and solutions to reach more potential fans than the artist could by merely connecting with people at music venues. Internet marketing, specifically social media marketing, allows an artist to target not only the local scene, but a truly international base of fans.

    The New Music Ecosystem


    Bas Grasmayer posted an article on Hypebot.com entitled The Ecosystem Approach: Introducing Non-Linear Music Marketing for the Digital Age. He talks about how the Internet and digital mediums have brought a new non-linear ecosystem to the world of music marketing. This means that the interaction among a group of consumers plays a larger role today in music business. The direct connections and control of the music industry now take a back-seat to the driving force of community influence.

    Today, retention or keeping fans requires “stimulating the non-linear communication.” In the new ecosystem, you must facilitate consumers or fans building relationships with each other. Your product will still be the central point of the activity, but the customers interacting among themselves will propel and cause viral marketing for your product. Grasmayer explains it with a party analogy:

    Treat every listener as a guest to your house party. If you don’t introduce them to others, you’ll be the center of attention all the time, but you can’t talk to everyone at the same time, so people are likely to get bored and leave. The key to a successful party is connecting the strangers, so they can have fun together. You’re still the center of the ecosystem, but you’re not the only person to communicate to. The communication becomes non-linear!

    Besides the interpersonal communication among the fan base, you must also personally build a direct connection with each consumer or fan using such tools as social media networking. When you connect with fans and give them a reason to buy, you will ultimately make money. Nurture the connection by being authentic and consistent, always being able to admit when things go wrong and fixing the issues.

    Finally, listen to the ecosystem. Make sure your marketing plans are fluid and evolve according to the feedback from your digital community of fans and customers. This could be called social media optimization. The key to success is giving people what they want.

    Engage with Purpose

    Brian Solis, globally recognized as one of the most prominent thought leaders in new media and author of the book Engage!, was recently interviewed on the subject of engaging with a purpose. He states that no matter the business or size, “every company should start with learning.” This ties back into listening to the ecosystem. One must intentionally monitor the conversations and activities of the community to know how to effectively engage that community. Solis states: “Social media didn’t invent conversations and opinions, but it allows us to have access to what people think and share—right now.”

    The interviewer asked the question: “How much time should a company allocate to social media engagement?” Solis says, “The answer lies in what you see and also the position you want to take in social.” The time spent correlates to the success of the marketing. In other words, it takes a “significant commitment” to have productive efforts. Solis suggests testing with pilot programs and evaluating the outcomes as you go.

    If you are like me, you’ll discover that social networks can become a black hole on your time. To avoid the time-sucking properties of social media, set goals and objectives. This is really where engaging with purpose comes into play. Know your purpose and develop a plan. By sticking to the plan and engaging your fans with a purpose, you will find yourself not only spending the right amount of time on your efforts, but find each connection supporting your overall goals.

    Practical Tips

    You’re probably saying, “That’s all great in theory, but what about a practical application?” Luckily I’ve been involved professionally in web development and marketing since 1996. Part of my focus over the years has been in developing artist-to-fan relationships using the Internet. Here are some practical solutions that I’ve implemented with success using social media marketing:

    Website
    Although probably not the main source of discovery of new fans, the website for an artist or band is the foundation for an Internet marketing strategy. At the recent SXSW Music Conference, a panel discussion was held on the topic, You’ve Built a Social Network, Now What? Here was the main theme: “The artist web site is critical to a band’s success in the world of social networking. Social networks like Facebook, Twitter, MySpace – proliferate in number, grow audiences, and some even eventually die off.”

    One never knows what social media tools will exist in the future. So it is imperative that your website become the center of your marketing efforts as a familiar, stable home that fans can return to. That’s why Paul Sinclair of Atlantic Records says that an artist’s website is the first component they work on when developing a social media strategy. According to Michael Fiebach, digital marketing strategist and artist manager at Famehouse, “Bands are simply ‘renting their fans to social networks’ if they do not build their own web site.”

    Myspace
    I believe that Myspace is still a viable resource for music marketing. When searching for a band or artist on Google, Myspace Music profiles rank at the top of the search results. It many times is still the best place to find and stream the music of an artist or band for free. There are some teenage sub-cultures that are very active on Myspace, even more than on other networks such as Facebook. If your music is of a genre associated with one of these sects, then Myspace is potentially the perfect solution for attracting new fans.

    When building your Myspace Music profile, be sure to include the names of similar bands and describe your musical style. This serves as a list of keywords that help with the discovery of your profile in search results.

    When building your fan base, stay away from services that claim to add friends or fans to your list. Many of these so-called fans will actually be fake profiles or even real people who you will never be able to convert into a true fan. Start by adding a small number of fans from similar artists that realistically would appreciate your music. Connect or engage with that group to solicit feedback concerning your music, profile, and marketing efforts. This is similar to the pilot program that Brian Solis speaks of. Use the gained knowledge to decide on continuing your efforts with the same types of users or whether to look at other types of users for connecting.

    Facebook
    To be truly successful, a band or artist must use Facebook as a tool. Create a Facebook Page as an artist or band. Do not use a personal profile. Once your Page has acquired 25 fans, you will be able to use a custom Facebook URL. You will also want to set up a custom landing page instead the default wall for your Page. Non-fans visiting your Page will initially see the landing page you specify. I use iLike to create this landing page, but I have seen several others that use ReverbNation for theirs.

    I have found that the most successful way to build a fan base on Facebook is with Facebook Ads. You can target these text-based ads at users who have indicated they like a particular artist or band that is similar to you. Because you only pay-per-click, you can gain great exposure with the impressions.

    I ran a Facebook Ad campaign for a music artist Page. I spent a total of $99.96. The ad received a total of 497,804 impressions. That’s about 2% of a penny for each impression. Those impressions resulted in 321 clicks. That’s about 31 cents per click. Of those clicks, 191 people actually clicked the Like button and decided to become a “fan” of the Page. That means it cost about 52 cents to gain a new fan. If only 1 in 10 decides to become a customer and buy a digital album on iTunes at a price of $9.90, the artist would actually make a profit. This is because an artist receives roughly 70% of the iTunes revenue and the one buying customer came at a cost of roughly $5.23.

    Last.fm and PureVolume
    Place your focus on your website, Myspace profile, and Facebook Page. Only if you find extra time, look at the additional music networking sites of Last.fm and PureVolume. I’ve used both as part of my marketing strategy, using some of the same principles suggested for Myspace. Last.fm also has advertising campaigns called Powerplay that allow you to target Internet radio listeners with guaranteed plays of your music.

    Engage with HootSuite
    To make the most use of your time and effectively engage with your fan base, use a social media tool such as HootSuite. This application allows you to simultaneously post status updates across social networks such as Facebook, Myspace, and Twitter. These status updates are not the engagement, but offer opportunities for engagement. HootSuite allows for following both the public and private conversations on your social network profiles and allows for you to interact. Use this to your full advantage to quickly engage your fans across social platforms.

    Later this month, we will take a look at some case studies of music businesses and artists that are successfully using social media and integrating social media into their marketing efforts. Until then, go forth learning, testing, and engaging.

    SOURCE:

    http://www.360digitalartist.com/social-media-marketing-music-business/


    Industry Tips & Advice: MUSIC SYNCHRONIZATION RIGHTS by Walter G. Lehmann

    The use of music in film, TV, video and webcast production involves two aspects of copyright law: synchronization rights and performance rights. Performance rights come into play when a production is shown to the public — typically via broadcast or cablecast. Performance rights are primarily of concern to film distributors and TV and cable stations.
    Synchronization or “sync” rights, on the other hand, are involved whenever recorded music is used in combination with visual images in a production. It is important for producers to understand what is involved in obtaining sync rights.

    Some producers incorporate music in their productions without permission, particularly for programming produced for private use (in in-company training videos, for example) or for distribution in the smallest markets where the likelihood of detection is low. Not only does this practice violate the copyright law (for which the consequences can be severe) but it can also unnecessarily limit opportunities to exploit the production. Other producers treat music rights clearance as an afterthought, only to discover that obtaining sync rights can be complicated, time-consuming, expensive and not
    guaranteed. Experienced producers budget for, and negotiate the terms of, sync licenses before including music in a production. If the rights are too costly or are not available, the producer is able to look for alternatives.

    In many cases, a producer commissions original music for a production. When a musician is hired to compose original music, the producer may own the work outright under a “work-made-for-hire” agreement and does not need to license the sync rights separately. In such an agreement, the producer may agree to pay the musician or music publisher a flat fee and/or grant a royalty interest in the production. Work-for-hire agreements must be in writing and contain specific language to be enforceable.

    More typically, the musician or music publisher insists on retaining all or part ownership of the work and agrees only to license the sync rights to the producer for a set fee, a royalty interest, or based on some other formula. Under this approach, the producer can usually keep the cost of the sync license low (perhaps only compensating the musician for actual costs), because the performance license fees for a commissioned work — which the producer does not pay — can
    be very lucrative for the musician and/or music publisher.

    In a typical flat fee arrangement, the musician is paid fifty percent of the total compensation to start work. Music is composed and presented to the producer who offers comments and criticism. After revisions are made, players are hired and the music is recorded. An additional twenty-five percent is usually paid on the first day of recording. The music is then mixed and edited and the final twenty-five percent is paid on delivery.

    If the music was previously recorded and published, the producer will have to obtain a sync license from the copyright owner (usually the music publisher, or the musician in the case of self-published work). The use of music in film, TV, video and webcast is not covered by the compulsory license provisions of the Copyright Act. As a result, sync licenses for these uses must be negotiated on an individual basis between the copyright owner and the producer.

    The heart of the sync license describes the rights which are being licensed. This normally will be a non-exclusive right to record and edit the music in sync with the production, to make copies of the recording in sync with the production, to perform the music in sync with the production in theaters, through broadcast and cablecast, and to reproduce and sell home videos containing the music in sync. Usually the sync right is structured so that all other rights other than the sync right may continue to be licensed or otherwise exploited by the musician. The sync license is also normally limited to a specific period of time, after which the sync rights themselves can also be licensed to other productions.

    The sync license may also provide for use of the music for promotional purposes such as advertising the production, and for other ancillary uses. Musicians with particularly strong bargaining power may insist on additional compensation for such ancillary uses. For relatively unknown musicians, however, the additional exposure gained from such uses can be invaluable. In a similar vein, the sync license typically requires the producer to credit the musician not only
    in the production, but also in connection with advertising and promotional activities, and on home videos. Due to the current lucrative market for soundtrack albums, it is becoming increasingly common in film and TV sync licenses to also negotiate for the right to produce a soundtrack album containing the music featured in the production.

    SOURCE:

    http://www.lehmannstrobel.com/files/pdfs/music-sync-rights.pdf


    Follow

    Get every new post delivered to your Inbox.

    Join 1,478 other followers