How You Can Clear Cover Songs, Samples, and Handle Public Domain Works

Flying an airplane and performing brain surgery (legally!) require one. So does distributing music. What is it? A license!

Licenses allow you to legally distribute, cover, and adapt music you don't own or control. Knowing which licenses exist and how to obtain them saves headaches, aggravation, and most importantly — exorbitant legal fees incurred from copyright infringement.

The Golden Rule of Licensing: if you don't own or control it, you likely need a license to use it. There are a few exceptions (such as public domain compositions), though the golden rule is a common sense guideline that can help determine when licenses are needed.

What do you want to do with the music? In order to determine the appropriate license, you'll first need to answer some basic questions. Are you recording a cover song or adapting/altering an existing work? Do you want to include a sampled recording, or re-create the music entirely? Are you using a public domain composition, or one that is still protected under copyright? Each presents unique licensing challenges that must be addressed.

Make a Cover Song / "Re-make:"
Cover songs provide an easy way to target a new marketing base when placed alongside your own original works. In the digital age, cover songs can act as effective search engine optimizers for music (especially when you're covering artists who don't currently appear on iTunes, Amazon, Rhapsody, etc.).

As a professional songwriter, you may already be aware that anyone who wants to record a version of your song needs a mechanical license from the copyright owner, usually you or your publisher. Similarly, if you chose to record your own version of someone else's previously recorded and distributed music, you would need to secure a mechanical license. A mechanical license is actually a "compulsory" license granted to users under U.S. copyright law. Usually, music users obtain these licenses through a music publisher or agent (such as Limelight).

There are several entities that can assist in clearing mechanical licenses and ensuring songwriters get paid. Limelight is a simple, a one-stop shop to clear any cover song in order to distribute by means of digital downloads, physical albums, interactive streaming, and ringtones. Customers create an account and finalize their mechanical licensing and royalty accounting needs within minutes via a simple three-step process for a service fee of $15 per license (or less based on number of licenses) plus required statutory publishing royalties as set by law. Artists, bands and other musical groups can clear any song and ensure 100% of royalties are paid to the appropriate publishers and songwriters.

As a member benefit, ASCAP members receive a 25% discount off all Limelight service fees. To qualify, just designate ASCAP as your PRO upon registration sign-up.

Use a Sample
"Sampling" involves taking an existing piece of copyrighted music and combining it with another to create a new work. While sample usage has been especially prevalent in hip-hop and electronic music over the last 30+ years, samples have also been incorporated into other genres and present challenges in every scenario. Sample clearances are more complicated than cover songs since they can involve two separate copyrighted works (the music composition and the sound recording), multiple rights-holders, and are always subject to negotiation.

For instance, if you want to sample the synth line from Van Halen's "Jump", you would need to secure licenses from the record label (for the master), as well as the music publisher (for the underlying musical composition).

If you decided to re-create the synth part yourself as a music bed, it would still require negotiating directly with the music publisher (if they didn't decide to reject the use entirely). Unlike a mechanical license, sample usage is not governed by a compulsory license and requires directly negotiating with all parties. The cost can range from cheap (gratis) to costly depending on the sample(s) being used. Without licensing from the appropriate copyright owners, you are liable for copyright infringement and can be sued for substantial sums of money.

Record labels and music publishers alike have in-house licensing contacts who handle such requests (some even having online forms). There are several agents and legal consultants who specialize in sample clearance and can assist if you choose to hire one.

Using a Public Domain Work:
Public domain, like sampling, is also a complex area in the licensing world. Public domain works (as they relate to music) are compositions that are not under copyright or whose term has expired. While a composition may have fallen into the public domain, an arrangement of that composition that possesses sufficient originality may be considered a new composition and thus, protected by copyright.

If you decide to record your own version of a public domain composition, you would not need to secure a mechanical license or pay royalties, unless you are using a copyrighted arrangement of that song. A simple rule of thumb — if you used sheet music to learn it, then you will need to secure a license. You can often find the basic copyright information on the sheet music..

Holiday music is the area where most questions arise. Many classic Christmas songs that are presumed to be in the public domain are in fact copyrighted, so make sure to double-check your sources before deciding a track is in the public domain. Like sampling, public domain is also an area where it is often best to consult a legal expert before distribution.

PD Info Online (www.pdinfo.com) is a good starting point if the liner notes and copyright information are unavailable. Searching the ASCAP repertory (www.ascap.com/ace) will also produce valuable contact details in determining whether a work is protected or not.

The licensing world of cover songs, mechanical licenses, sample clearances, and public domain may contain complex rules and regulations for the casual music creator, though one adage holds true: If you ever have a question — don't be afraid to ask! Please visit the Limelight site (www.songclearance.com) -- and specifically our FAQ section (www.songclearance.com/page/faq) -- for additional information and answers to many other questions concerning mechanical licensing.

At RightsFlow (www.RightsFlow.com), we're helping artists, labels, distributors and online music services to license, account and pay songwriters and publishers.

Designed by musicians for musicians, Limelight (www.songclearance.com) is a simple way to clear any cover song. Are you ready to clear a song for your release? Get started and create a free account today!
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HOW TO PROPERLY PREPARE FOR A INTERVIEW (YOU CAN USE SOME OF THESE TACTICS FOR NETWORKING AS WELL)

Find out about the company



Demonstrating your knowledge about the company shows that you have seriously considered your decision to apply for the job. It also indicates your respect and appreciation of the company’s and interviewer’s time. Search the company or organization’s website, get hold of company brochures, media releases and annual reports. Read through staff biographies. Identify the corporate culture, the challenges and opportunities facing the company and its latest results. Find out what you can about the organizational structure, its senior management and its current status in the industry.



Find out about the interview



Get as much information as you can about the interviewer/s. Find out the likely format of the interview – will it a be a traditional type job interview or should you prepare for a behavioral interview? This will help you prepare properly and reduce any nervousness you may have about the interview. If you are going through a recruiter get these details from them on how to job interview for this particular company. Or you can try to determine this form the job ad or posting. For example if the posting lists key competencies for the position it would be wise to prepare for behavioral interview questions that explore these competencies.



Find out what you are interviewing for



Find out as much about the position you are interviewing for as possible. Carefully review the job description, the tasks and responsibilities involved and the expectations and abilities required of the successful candidate. Reflecting on these details will help you to align your experience and skills with the job requirements. You can then prepare interview answers that clearly market you as the right candidate.



Find out if this is the right organizational fit



Evaluate whether this is the right fit for you and the company. Ask yourself questions such as “Can I do this work with the knowledge and skills I have?”, “Will I enjoy this type of work?”, “What kind of contribution can I make to this company?” Use your answers to develop a powerful marketing statement about your suitability for the job. This exercise will also help you to believe in yourself as the right job candidate. Self-belief is an essential component of successfully marketing yourself.



Find out how best to market yourself in the interview



This is key to knowing how to job interview. Preparing interview answers to frequently asked job interview questions, developing a list of good insightful questions to ask the interviewer, thinking about positive behavioral examples to use in the job interview and feeling confident that you are a strong candidate for the job all contribute to your powerful marketing strategy. Ask a friend or family member to conduct the interview with you. Through practice and feedback you will become comfortable with the way you market yourself as the right job candidate.



GOOD LUCK ^_^



More job postings coming soon!!!!

UMPG Signs GRAMMY®-winning Songwriter of the Year, Producer, and Artist Sean Garrett

Los Angeles, CA (November 15, 2010) – Universal Music Publishing Group (UMPG) today announced the signing of Sean Garrett, the GRAMMY®-winning songwriter, artist, and producer with 17 No. 1 Billboard hits, to an exclusive, worldwide publishing agreement.

Dubbed “The Pen” by Jay-Z, Sean Garrett holds the distinction of being the only producer to achieve 17 No. 1 singles within seven years. Billboard ranks him No. 5 on their ongoing tally of producers with the most No. 1 hits. His GRAMMY winner for Best Rap/Sung Collaboration, “Yeah,” recorded by Usher, reached No. 1 on the R&B/Hip-Hop charts, remained at the top spot on the Billboard Hot 100 for 12 consecutive weeks, and was named BMI’s 2005 Urban Song of the Year. BMI further honored him in 2006 as their Songwriter of the Year and in 2010 as one of their Top Urban Producers. Two spots on BMI’s list of Most Performed Urban Songs of 2010 went to Garrett’s co-compositions “Break Up,” recorded by Mario, and “Diva,” recorded by Beyoncé.

Garrett co-wrote and performed on Minaj’s “Massive Attack,” the MTV Video Music Award-nominated single that he co-produced with UMPG’s Alex Da Kid. His song “She Geeked,” featuring Tyga and Gucci Mane, premiered on MTVU, B.E.T., MTV2, and MTV in August. As an artist, Garrett has collaborated with Ludacris, Lil’ Wayne, Akon, and Pharrell. Garrett's most recent collaborations include Jesse McCartney, Rihanna, Beyoncé, Justin Bieber, Britney Spears, and Nicole Scherzinger.

Tom Sturges, Head of Creative, UMPG; Evan Lamberg, Executive Vice President East Coast, UMPG; and Ethiopia Habtemariam, Head of Urban Music, UMPG commented: "Sean has consistently delivered hit after hit, year after year, as a songwriter, producer, and artist. His new songs are just as remarkable as his catalog. We look forward to being Sean’s publishing partner in the years ahead."

Among Garrett’s other hits are "Run It!" by Chris Brown, "Check on It" by Beyoncé, "Grillz" by Nelly, “Like This” by Kelly Rowland featuring Eve, “Buttons” by The Pussycat Dolls featuring Snoop Dogg, and “London Bridge” by Fergie. Garrett has had tracks recorded by Gwen Stefani, Janet Jackson, Santana, DMX, Britney Spears, LL Cool J, Keyshia Cole, Mary J. Blige, and Jamie Foxx.

About Universal Music Publishing Group

Universal Music Publishing Group (UMPG) is the industry's leading global music publishing operation and is part of Universal Music Group. UMPG represents music in every genre from many of the world’s top songwriters and catalogs including U2, Elton John, Bernie Taupin, 50 Cent, Mariah Carey, Coldplay, Nelly, Juan Gabriel, Keith Urban, Darius Rucker, Josh Turner, Ciara, Dave Grohl, Prince, Justin Timberlake, Maroon 5, Britney Spears, Beastie Boys, The Clash, The Sex Pistols, ABBA, Gloria and Emilio Estefan, Paul Simon, Henry Mancini, Christina Aguilera, and Linkin Park, among many others. UMPG is also a global leader in the areas of Production Music, Christian and Classical Music. For more information, visit: www.umusicpub.com.

The Value of a Good Mix......

Once you’ve decided to up the ante and put your music online for the world to hear, it’s in your best interest to pay close attention to every step in the recording process. One of the most vital of these steps is the mix. It’s not enough to have a great song; you need a great recording, and a strong mix is an essential part of that. The art of mixing (and make no mistake, it is an art) is not a skill everyone possesses. It’s well worth your while, even if you’ve recorded your tracks yourself in your home studio, to seek out an experienced mixing engineer. While there is no substitute for a dynamic, exciting musical performance, a good mix can enhance every aspect of that performance so that the final result truly makes your song stand out. On the other hand, a poor mix can severely compromise even the best song and performance. Only you can write and sing your songs. That makes you an expert in those areas. However, unless you’re also an expert mix engineer, I’d highly recommend going to someone who is.

Budget
I get it. Everyone wants to save money. I do, too, but there are places to save and places to invest. In an effort to keep recording costs down, many musicians have purchased their own recording equipment. This is terrific and there’s never been a better time to buy affordable, high-quality gear. As long as you’re as passionate about learning the engineering process as you are about your music, you’ll do well. Owning your own recording equipment also takes a lot of the pressure off when it comes to experimenting in the studio. Finally, it allows you to record as many takes as necessary to get the performances you want without worrying about the clock. However, one way to make the absolute most of your recorded performance is to let an expert mix them. It’s amazing what a talented, experienced mix engineer can bring out of a mix that might otherwise get lost or obscured at the hands of a less able mixer.

Before You Mix
Before I cover in greater depth what makes up a good mix, let’s go back to performance for a moment. No matter how great the mix engineer may be, there are some things you simply cannot fix in the mix. To be more specific, there is no way to “mix in” a great vocal or instrumental performance. What makes a performance great might surprise you. For example, sometimes it’s what you don’t play that counts the most. In my experience, the best studio musicians are the best listeners. What I mean by this is that great players base their instrumental performance on whatever else is going to be played in the song so that all the instruments work together as a whole to serve the song and not their individual egos. Playing too much is the hallmark of an amateur studio musician. Secondly, the timely use of dynamics (where to play louder/softer or with greater/less intensity) is essential to a mix that breathes and has shape to it. Simply moving up and down a volume fader won’t do the same thing. When it comes to singing, all the Auto-Tune and reverb in the world won’t give a vocal performance real sincerity and emotion. Make absolutely certain that the performances are exactly how you want them before you start the mix process.

The Instruments
Finding space in the mix for each individual instrument is essential. This is often achieved through judicious use of EQ, compression, volume and panning. For example, the skill it takes to get great drum sounds, marry the kick drum to the bass while also giving the electric guitars rooms to breathe and sparkle is developed over time and repetition — a lot of repetition. When this is done properly, the instruments are exciting to listen to. Each has its place and role to play and when they come together, the song takes on a life of its own.

Vocals
A great mix engineer always makes the treatment and placement of the vocal a priority. Once the instrumental mix is where it needs to be, it’s time to make certain that the vocalist is running the show. A combination of EQ, compression, tuning (if necessary), effects and volume-fader automation should all serve the ultimate goal of making it sound like the singer is in charge. There are several risks associated with improper vocal placement. If the final mix has too much vocal, then the instruments end up sounding small and weak. However, if the vocal is too soft in the mix, it loses its ability to communicate the emotion of the song. Every genre has its preferred vocal level. In general, pop music has the vocal more integrated into the instruments whereas country music (with its emphasis on the lyric) generally puts the vocal higher in the mix. There are, of course, exceptions to every rule but a good mix engineer will know the genre he or she is mixing in and do the right thing for the song.

On a related note, one of the best reasons to bring in an experienced mix engineer, even if you’ve recorded the song yourself, is a fresh, objective set of ears. It’s been my experience that if the singer mixes their own project, they tend to keep the vocals too low for a couple of reasons. One is that most singers tend to get uncomfortable with their vocals up in a mix. There are precious few singers I’ve ever worked with who genuinely love the sound of their own voices. By keeping the vocal low in the mix, the vocalist/engineer won’t have to leave their comfort zone but the mix suffers. The second reason has to do with the fact that the singer already knows the words and assumes that they’re hearing the words when, in fact, they may be too low for someone who doesn’t know the song and be difficult to understand.

Mastering a Good Mix
Mastering a mixed recording is a separate skill altogether. While this isn’t an article about mastering, I’d recommend using a dedicated mastering engineer (not your mix engineer) when it comes time for this step. More to the point, the value of a good mix is that the mastering engineer will spend much less time (their hourly rates are generally higher than mix engineer rates) getting the finished master together. In other words, money you spend on a good mix will end up saving you money on a final mastered recording.

Doing It Yourself
If you’re still intent on doing your own mixing, consider hiring an expert to mix a song or two for you and then ask them for the session files back. Assuming you’re using the same recording software (i.e. ProTools, Nuendo, Logic), you’ll be able to examine every detail of how the mix was done and use the finished mix files as a kind of tutorial so you can ultimately learn to do them yourself.

Cliff Goldmacher is a songwriter/engineer/producer/author and owner of recording studios in Nashville, TN and Sonoma, CA. Cliff’s eBook “The Songwriter’s Guide To Recording Professional Demos” is available as a free download from his site at http://www.cliffgoldmacher.com/ebook. Cliff is also the owner/founder of www.NashvilleStudioLive.com, a website that provides songwriters outside of Nashville with virtual access to Nashville’s best session musicians and singers for their songwriting demos.

New ‘BMI Live’ Program Allows Performing Songwriters To Register Live Concerts for Royalty Payments

BMI has launched BMI Live, a program enabling performing songwriters to register their concerts and set lists online to be considered for payment in live music venues, regardless of size.

To qualify, songwriters need to enter their live musical performances on BMI’s website, www.bmi.com. BMI will pay royalties to both writers and publishers via direct deposit in its June distribution for performances occurring from July 1 through December 31, 2010. Concert performances eligible for the June royalty distribution must be entered on the BMI website by March 31, 2011. The distribution from BMI Live will be made quarterly after this initial June 2011 launch.

Mike O’Neill, BMI Senior Vice President, Repertoire and Licensing, says the program is designed to ensure that performing songwriters in all stages of their careers receive payment for concerts of all sizes, from coffee shops to football stadiums.

“Small venues and clubs are the lifeblood for songwriters and bands,” explains O’Neill. “These venues support live, local music, as well as touring artists and are the cradle of tomorrow’s stars. We’re committed to helping songwriters get paid for their music in these venues, as they provide a vital stage for their music.”

Available only online,BMI Live is an on-going program that allows songwriters to input up to six months of their performance data. Songwriters may input their tour information at their convenience for concerts from the previous six months and receive these royalty payments quarterly. Both headliners and opening acts may input tour information, and the program is open to all BMI affiliates.

BMI Live is designed to be the most accurate distribution of live musical performance royalties in the United States. As the global leader in rights management, BMI is the only American performing right organization that tracks and pays royalties for the top 300 live concert tours in the nation each quarter. BMI also tracks and pays royalties for music used in many different venues, including sports arenas, stadiums, aircraft and theme parks, as well as radio and television.

“Live performance is vital to every songwriter,” says O’Neill. “We thank the thousands of small-business owners who support live music and pay licensing fees to BMI. Our goal is to make sure that the licensing fees BMI receives go back to the songwriters who play in these venues. This program gives those performing songwriters working even the smallest venues a better opportunity to share in the royalty pie.”

How the Artist Became the Enemy of the Music Industry

How the Artist Became the Enemy of the Music Industry


In the 80’s when I was in high school, smoked clove cigarettes and looked like a bad reproduction of Robert Smith, musicians were larger than life. They were a persona, a style, a representation of what I was and how I wanted people to see me. I connected with them and they represented me.

I would spend hours listening to 7” singles and cassettes, reading fanzines, scouring the shelves of a record store to discover that next artist that might mean something to me and, as importantly, that no one else knew. The more obscure, self-released or “indie” the artist or label the better.




And the RIAA agreed. Music was special and the artists that created it were valued. Thou shalt covet the musician and fan. And the enemy? VHS movies and video games vying for my money and attention. The RIAA embarked on a campaign to frame music, and the artists that created it, as more important and of a higher cultural value then these other newcomers. I remember buying The English Beat’s “Special Beat Service” vinyl album with a big circular sticker on it stating in all caps, “Music, More Value for Your Money”. And I actually agreed with the RIAA. The VHS of Buckaroo Bonzai and the new Mario Bros. Nintendo game cartridge would come and go, but the song “I Confess” would forever hold a place in my heart.
The lines were drawn. The RIAA worked hard, even spent money to define music, artists and their fans as belonging to a higher cultural status that had more value than those of movies and video games.

More competition showed up for my “entertainment dollars” until new technology shifted the enemy from those competing with the music industry to those stealing from it. The problem got much larger than the episode of What's Happening!! when Rerun is at the Doobie Brothers concert with a tape recorder under his jacket (forward to 3:30 to re-live the stinging moment). Cassette recordings of albums were being mass produced and handed out or sold, CD burners chugged out crappy illegal copies of albums, smaller handheld recording devices allowed live shows to be more easily recorded and bootlegged. The enemy changed and grew in numbers.

Along came the Internet and MP3 compression technology as well as a new breed of technogeeks converting the huge song files on CDs to smaller ones and sending them around via the Internet. As net access via dial-up morphed to DSL and cable, the 25 minutes it used to take to download just one song changed to just minutes (or faster). Hard drives got bigger, computer sound cards and speakers improved, broadband net access became cheaper; it began to swirl out of control. Then Napster arrived: the first peer to peer filing, with the ability to scale in an unprecedented way allowing tens of millions of people to get their hands on music at the (double) click of a button. It quickly became the music industry’s public enemy number one.

And Napster was the event that triggered some in the industry to slowly lose their minds and creep towards insanity. Some in the industry began to move their cross hairs from Napster to ISP services and they kept going, looking to find someone, something (or anyone) to blame for the looming changes in control and revenue. Publicly and privately the industry attacked just about everything – retail stores, radio, press, the internet, computers, MTV, YouTube, MP3.com, instant messaging, CD burners, eMusic, Soundscan, independent promoters, all technology, but they could not slow it down. New enemies had to be found. Reason flew out the window and they went after the very thing that kept them alive, the music fan.

The RIAA, with the backing of its label members, started suing the very people that paid their salaries and made them money. Get grandma, get the high school student, get the college kids, take them all down. Sue them, scare them, serve them up legal notices, force them to settle in the hope that a message would go out to the world and stop their behavior. Use fear and intimidation to get the genie back in the bottle. Don’t bother to explain copyright or the value of it, scare the crap out of them.

But this too did not work. The shift accelerated. Someone must be blamed. This MUST be someone else’s fault – panic ensued.

Public service announcements were launched featuring major label artists stating that downloading music via peer to peer services was stealing, but there was no real educational campaign embarked on to truly, honestly explain the situation. Where was the new campaign of “Music, More Value for the Money”, the “Music is Special”, the “We love our Music Fans”, the, “Wow This is Awesome, There are More and More People Listening to Music Now so Lets Figure Out How to Take Advantage of This Great Opportunity” campaigns?

The industry started to crumble faster as the media and distribution outlets opened to everyone:

eMusic launched creating the first on-line digital music store with unlimited shelf space and inventory.

MySpace took off, every band, signed or not, could now have a fan webpage.

YouTube exploded, anyone could now make a music video and let potentially tens of millions of people see it.

iTunes launched, the iPod came out and music fans loved it. Everything could be available to buy and would never be out of stock.

TuneCore launched, every musician now had access to have his or her music distributed and be on the shelf to be bought.

And some in the old school industry lost their minds, completely. They searched for new people or companies to attack, but they had already blamed them all. With no targets left, in a last moment of desperation, these few weary disillusioned out-of-touch with reality souls attacked the only thing that was left, the artist. The very creators of the music, who were needed to fuel the machine they built, became the problem.

The artist was now the enemy.

In their minds, it was these other artists’ fault that the music they wanted to sell was not selling. These other artists just made too much music, and all this music confuses people, makes music fans not like music, makes them throw their hands up in the air and say, “There is just too much choice, I need someone else to tell me what I like. I can’t deal with other people suggesting bands and songs to me that are not working for record labels or radio stations.”

Sitting board members of the RIAA, A2IM and SoundExchange went on campaigns and made public statements to the press that “these” artists, these evil bad artists, were to blame! It was these non-sanctioned artists hurting album sales and revenue for the labels. They are the reason why the music industry is failing. We did not let them in, but here they are making and recording music. These artists are “crap”. These artists “clutter” the world with their non-sanctioned, non-approved songs. These artists are not “developed” and are failing, taking us all down with them. Through their magical ways, these artists stop the sales of “good” music. The problem is THESE artists. They have to be stopped. We must force them all back into the old model where the RIAA member record labels get to decide who gets to put music on the shelves of iTunes, Amazon and other stores.

To make matters worse, these “crap” musicians actually record music without first checking with us. It’s bad enough it’s on their own hard drives, how dare they put it on Apple’s to be found or bought if searched for. Radiohead, Justin Bieber, Arcade Fire, Lady Gaga, Bruno Mars, The Black Eyes Peas, Jay-Z are being hurt by these “other” artists having their music available for people to buy on iTunes. And whose idea was it in the first place to let them have a MySpace or Facebook page or upload a video to YouTube! Berklee School of Music, how dare you teach these artists anything without first getting our approval to let them in.

A last desperate witch-hunt started. Some other old guard industry professionals started hammering in on these foul, evil, who-the-hell-do-you-think-you-are artists – it’s your fault! You are now the enemy. It bubbled up and became a drumbeat to the point where other musicians in legendary bands even began to echo the sentiment.


You’re all crap. You are the problem.

Instead of embracing this new world – a world where more music is being created, distributed, bought, sold, shared and listened to by more people and more musicians than at any point in history - the RIAA, A2IM, SoundExchange complacently sit silent as their board members, and in one last desperate attempt, attack the creators of music.

But it did not work. 2010 was the year of the artist with more artists selling more music now than at any point in history. And now as these few old school guard sit and ramble insanely about how music is killing music, after they have attacked and blamed everything and everyone for the shift in power and loss of control, there is only one more thing left for them to blame…themselves.

How To Start A Record Label.....part 2

PART 2 :



Go to the places, and ASK QUESTIONS. Ask who Arseface Records Shop deals with regarding local distribution. What about Hellhole, do they use the same distributor, or a different one? They probably use different distributors. Ask them to supply you with a list of distributors, or find it yourself through RESEARCH. Ask them who handles Hip-Hop distribution, get names, get contact numbers. Go to each store and see who are the distributors that get the product on the market. Maybe the store itself is also a distributor. Don't go promising albums to anybody on a consignment basis just yet, you haven't even incorporated. You're still setting up your business strategy.



Go to the distributor's office themselves. Ask for information, do I really need to press 1,000 units, or can I just give you 5, to see if they sell? Ask them that you are just doing research and want to be prepared with foreknowledge should you elect to go into business as a record company. Ask them how long it takes for them to pay you should you place product in their hands. The first question an indie distributor will ask is, do you have a press package? How are YOU promoted? Basically, avoid answering these by saying you are on a fact finding mission. From the distributor's standpoint, they want to know how they will make money off you. Here are a couple things that you should not answer, or deflect, but a distributor will ask:



1. Are you on the radio, or have a massive promotion?

2. Do you have a large following?

3. Do you have articles in publications?

4. Who promotes you?

5. How many releases do you average per quarter, or per year?

6. Basically: Why should we try to sell you into rack space at a record shop? Who the hell are YOU?



Ouch! OK, that last one is basically what they are trying to ask you. The answer is that you don't have an answer, you are simply educating yourself. Talking to these people, and don't be afraid, will put more of what I said into context regarding the logistics and tactics of executing the success of an independent label. The more you learn about it firsthand, the more you see how much you have to deal with, and the more it looks like a full-time job. If you go to smaller distributors, they may be more lenient with their figures, but the whole point is that YOU are going on a field trip to educate yourself about the marketplace in your area.



Maybe Tower Records will take your records on consignment? Maybe Ganja Joe? Anyway, it's looking a bit more complex now, and you still haven't formally started your record company.



OK, GOD, I'M GETTING BORED WITH DISTRIBUTION. TELL ME I START TO SELL MY CD NOW!



No, don't jump the gun.



Look at #11 on the brainstorm list. You can distribute through your OWN SHOWS. Or the Internet. Your own shows are quite possibly the most effective and profitable venues to sell your CD should you print it. The thing is. Will anybody come to your show? How do you book a show? Remember that once you made a CD, your art is already being dated, sales are being assessed, you need to know how to book a show, and the venue landscape of your area.



So, relax, take a deep breath, grab a pen and paper, and write down Hip-Hop venues that would support your type of music. (In my example, it was underground hip-hop).



EXAMPLE:



Venues that would let me use them:



1. Roxy Thurs. Night

2. Open mic at Slim Jim's in Inglewood.

3. Pay for play at Some Rap Club.

4. Urban Hip-Hop Festival every year at Melrose Park.



Also, write down a list of promoters you see on fliers of artists that are just like you.



Promoter names:



1. Rip U. Off (he promotes my favourite shows!)

2. Johnny Gimmeyourmoney

3. O.Bleak

4. Clear Channel



Now you have a list. Again, research for other possible venues and promoters, did you get all of them down? This is necessary. These shows will be places where your fledgling independent record label will have its strongest initial sales, and your first shows. If you are a producer dealing with an artist, this will be taken the same way, where your artist will have the same sales.



SO DO I START BOOKING MYSELF? GOD, YOU'RE BORING ME.



No. We haven't even set your company up yet. That's an endeavor in itself. Patience, patience. 'Tis better to not make a hasty move than to make a move and regret it.



Call up the venues. Find out specific information about booking information. See how you need to get booked. Do you need experience, press packages? Do you need to pay to play? Are there group deals? Is there a Hip-Hop venue that supports acts like yours? Where do you go to see your favourite artists? If you don't have experience do they not let you play? Do you have to lie? What is the overall impression you get from each venue? Do they give you X amount of tickets, and expect you to pay the difference in sales? Etc., etc. Learn more about the policies of each venue. Ask where the artist sets up a merchandise centre/table. How far is it from the stage? What kind of lighting is there? Who is the soundman? Etc., etc.



Each venue will have their own policy, and their own way of collecting money, you have to find this out. Also, ask what promotions companies do these people deal with? Ask who opens up for your favourite artists in your genre from the local scene. Who is their promoter? Is the venue also a promoter? Write everything they tell you in what is now becoming your Record Company Log Book.



Don't call up Clear Channel yet, please don't, that comes later.



As for selling CD's on the internet, you need a cost-effective solution. Something that will do everything for you, but will take a larger cut of sales. You don't have time for a merchant account, or you can pay with PayPal. Research which is best for you. See if the cost maintaining a site is worth small record sales in the beginning. All in all, you should have some form of a web-presence.



OK, I DID 'RESEARCH', I DID AN ANALYSIS OF DISTRIBUTION, FOUND OUT WHAT STORES WILL SELL MY CD, AND I LOOKED AT ALL THE VENUES AND RESEARCHED MY BOOKING INFORMATION. WHAT'S NEXT, GOD?



Well, now you're hopefully overwhelmed with information. If you're not overwhelmed, maybe you neglected, or didn't collect all the information necessary. Remember, you have to be truthful to yourself about the odds of your soon to be new record company.



What you now have in your book is pertinent information (contacts, figures, etc.) about.



1. Distributors/Stores

2. Venue information.

3. Booking information.

4. Your potential audience.

5. Derived information from audience gives you a product or CD.



You should have a lot of pages of information.



Now, you will probably see that an initial print of 1,000 records is not necessary. The local distributors only ask for 10 a piece, maybe. At your venue if you perform, you'll be lucky if you sell 10 CD's on your first time out. You'll also know if you have to pay to perform, and how much will it cost, versus your expected sales at that venue. You'll have a better understanding also about how indie distributors think and how much you might not have known was involved in making your own record label. You first thought that you needed 1,000 CDs for pressing. Now it looks like 100 CDs. What about promotional copies?



Things are going to get more complicated. Yes, I'm holding your hand through this... here we go.



USING THE INFORMATION YOU GATHERED



You've spent all this time gathering a gargantuan amount of information, collecting all sorts of data on the subjects I touched on. How do you use it?



You make a marketing strategy of your album. You have to focus on your target audience, which in my example was underground Company Flow type Hip-Hop fans. You've tested your songs on that group. You have weeded out the good and bad tracks by asking that target group about the different songs. You will sell at places they buy their music from. You will perform, or have your artist perform, at places they go to. How do you know this? Because you have been watching them, and have gathered that information, like I told you to.



A major label does this on a bigger and more complex scale. Indie labels do it on a smaller scale. I'm simplifying it for you.



From the places that you think could sell your record, maybe 3 out of the 11 I listed above are regularly frequented by your target audience. That doesn't mean you neglect what is NOT frequented by your target audience, (like the BP filling station on Figueroa) but you should put all of your focus on MAKING sure you get your record into those 3 or 4 places that you KNOW because of your RESEARCH, are frequented by your target audience more often than the other places.



For example. If I work at a major label, and I have to promote Usher's new album, I am not going to pay for ad-space in Reader's Digest, I'm going to have Usher in some TeenBeat magazine, and pay for play on MTV. Reader's Digest's audience is comprised of senior citizens. I don't care how much ad space I have Arista buy for me in Reader's Digest, senior citizens will not buy Usher as much as teenage girls reading Teen Elle, will. It's not cost effective to buy ads in Reader's Digest, when I can have more impact with Usher having an ad, or doing a photo shoot for Teen Elle. Do you catch my point? That's kind of how you're discriminating your audience. Are there underground Hip-Hop fans hanging out at the BP gas station on a more frequent basis than Ganja Joe's? That's pretty much your probability assessment on how to handle the placement of your album.



See you know that, because you've done your RESEARCH.



So, you need to get your records into the places that YOU KNOW are frequented by your target audience. Also, if Jumpstart Distribution handles your type of music, you will work to forge a relationship with them, not another distribution company that only deals with the distribution of punk music. That's common sense. Don't jump the gun with talking to a distributor just yet.



What else, God?



Also, you will, after having researched all the venues you can play at (or your artist can) that the Roxy on Thursday attracts an underground Hip-Hop crowd. That looks like a good bet for you, should you press your CD and start off. The problem with another venue you've researched is that they want you to pay to play. You're not ready to do that yet.



So what do you know now, should you put out a CD?



Here's the logic:



1. I have found my target audience. The target audience are the people that will pay for my music.

2. I have gathered the opinion of my target audience on the music I am putting out (IF the opinion is favorable on the music from my target audience I will proceed to step 3).

3. I will use information gathered from research of distribution and stores to target a figure for the number of CD's I will press (IF the opinion is not favorable on the music, I will redo tracks and repeat 2 until the outlook is more favorable).



Ok, so we are at "3" so to speak, in the logical progression. Each step is a hassle, and the hassle will expound itself, but you have to stick to it if you want to really make your own record company.



PRESSING CD'S



Before you book a show, you need your product. Which means finding a pressing house for your CD. You will know how many CD's you can press by having gathered the estimates the distributors or stores have told you they would handle. Let's say for brevity's sake, each distributor will throw 5 of your CD's into the throe, and each store will put 5 of your CD's on the rack for consignment of some sort.



So, if you have 4 outlets, other than your shows or the Internet, you'll have about 20 CD's for distribution. You should honestly be happy if you sell 100 CD's from outlets initially. 20 is concerning only 4 outlets. If you do research, and figure out other outlets, you can knock that number of distributors and stores to maybe 10-12 outlets in your city. Then you're talking 100-120 CD's. In either case, the number of actual CD's in stores will be small.



You figure that you will sell maybe 5 CD's a night (if you're lucky, nobody knows about you yet). You think that you will play 2 shows a month. Possibly more. Say 15 CD's will be sold there.



Depending on your estimates, your initial pressing will most likely be small. There are CD pressing houses that will do small professional runs. Again, you have to spend time and find out what pressing house offers what price, and the minimum amount that they will press for you. You don't want to spend too much money. Again, research and find a spot that will press a small run for you at a competitive rate. Make sure the art is done nice, and make sure that the colors you use are print-ready. The CD house will let you in on that. Obviously the more you press, the cheaper the cost is per unit. But can you honestly sell 1,000 CD's immediately? Chances are, you won't. But if the price you get for a small run is not cost effective, you might have to settle for a larger run. If you settle for a larger run, you better be sure that your research indicating your target audience numbers, your distribution outlets (stores, shows, internet) can disseminate that amount of CD's.



Finding the right pressing house is another form of research, so get cracking on it. See how much it costs. You need to get an estimation of the amount of investment you will put into pressing the CD.

How To Start A Record Label....part 1

PART 1 :



RESEARCH



Research is the key ingredient that defines the salability of a product. In your case, it's your music. So before you head to a government office to incorporate and spend money on any other official documentation regarding the creation of a legal business entity, you have to have good product to sell.



Most artists mistake themselves, because they think that if they like the song, everyone else will too. How do you really know who likes your music?



1. Define your market



Who are you trying to sell to? Are you selling hip-hop to underground fans? Are you making commercial hip-hop meant to be consumed by teenage women and young adults? Who would buy your music? Be specific. Are the people you are trying to sell to in different income levels, where do they live, where do they shop?



For instance take the following example, use it like a worksheet.



EXAMPLE:



My Name: M.C. Artist



My Product: Song Name: "I'm Angry at the World and I Hate My Girlfriend And I Use Abstract Vocabulary and Weird Background Noises"



Style: It's underground, the lyrics are sophisticated, and I use a lot of heavy and big words. Kind of like Company Flow.



Who would buy it? Definitely not teenage girls looking for love songs or kids. They don't understand the words, and it doesn't sound like anything mainstream. Underground Hip-Hop fans would like my song. Maybe college kids and more sophisticated Hip-Hop listeners.



Where do the buyers hang out/live? Most fans of this music live in the big cities. A lot of people are on the internet. They are of diverse races and different income levels. I've noticed a lot of kids from the suburbs who are middle-class like it. Also, I know of a pretty big group from the East Side that likes it. From what I know, they hang out at "Dick's Hip-Hop Cafe and Store" on Lexington Avenue and etc. They go to M.C. Stupid's concerts at the Roxy. Some of these people are my friends.



If you could test out your music, could you do a test? Uh, yeah.



There is a pseudo-scientific audience assessment that will help you understand the people you are going to market and music for. Remember, that even though you think you are making your own music for yourself, in fact, there will be a consumer. The objective of my little exercise is to take a pseudo-logical approach at analyzing your potential consumer.



After you have done such a sheet, defining who buys your music, who it would appeal to, you have to see if anybody actually likes your music. Now, major labels, as I've said many times, test their audiences in order to know if the album is a flop or not. Negative reviews can mean that an album might not be released!



So, how do you test your music ?



You can't do it scientifically, because you don't have the resources to use population samples of that nature, nor the drawing power a company has to get a pool of people. You must test the music yourself. Friends don't help much because they may be overtly supportive, or will be jealous of you. Spend a month having different people from your potential audience listen to music that you say is NOT MADE BY YOU. The best thing to do is to lie and say "Hey I work for So-and-So hip hop records. I would love it if you'd take your time to listen to a snippet of this song and give us your input." Don't say that you made the song, no matter what, because that will bias the listener extremely. Go to the place where people that listen to the same type of music congregate, tell them, "hey what do you think of this rapper?" or "this song?" Just get a general feedback of what people like and dislike. If you see a pattern, like 20 people saying "this part of the song sucks," and you don't think so, you should head back to the studio and see if that part of the song REALLY sucks. Usually, it does. A lot of artists can't look at the situation objectively. In this scenario, you are forced to look at the situation objectively.



Make sure you have all the opinions written down. After you talk to somebody, write their opinion. You are trying to gather people's opinions of your music in a pseudo-scientific way. Though it's not perfect, what people's opinions are of your music, indicate their desire to buy a specific product, which in this case is your song.



If you have more time, you can test your hypothesis on other people. Go out of who you think is your target audience (in my example case, it was an underground crowd) and take it to the jocks and the cheerleaders at your school, the fraternity or sorority girls at your college, or whatever crowd is different in your social environment. Go to them and say "I work for So-and-So Records Street Team, and they want me to ask you what you think of this song." Have a portable CD player ready, and just have them listen to the song. Maybe you'll find a whole new market you have to focus on. What if 10 out of 12 sorority girls like your sophisticated underground Hip-Hop? Well, then, that gives you more information in which to strategise your plan of action.



The outcome of your pseudo-research will make you go back to the studio, retouch your tracks, change them, or not even use them. If you ask 100 people, and 80 hate your track out of your target audience, you should ask yourself: is it worth my time to pursue this track, or do I have others I can work with? Furthermore, you'll see if anybody actually likes your music and will buy it. If nobody likes it, going back into the studio may be a more prudent option than jumping the gun.



Let's say you find tracks people really like. Ultimately, you would want to have every track diagnosed so your album will be strong, but the fact of the matter is, that 2 to 4 tracks usually carry an album for a mainstream audience. If you're underground, that is a different take. The ambiance of your record may carry the album. Either way, let's say you have the product ready after 1 month of asking questions like a crazy person to your target audience and other members of the consumer pool.



You should really be thorough in your research. It shouldn't take a day or two. It should be around several weeks to a month of actively trying to get as many people from your target audience to give you their opinions.



We've done so much already, and you haven't even went to making an Ltd. or Inc. yet!



I DID YOUR RESEARCH CRAP, GOD, WHAT DO I DO NEXT ?



Don't think of research as "crap" first of all, because it's telling you who is going to give a f--- about your music and buy it and who won't. The next step is to find out how you get your album out there.



ARE YOU TELLING ME THAT I'M NOT EVEN UP TO INCORPORATING MY RECORD COMPANY YET? IS THIS MORE "RESEARCH," GOD. I WANT TO START MAKING MONEY!



Look, wiseguy. You have to find who is going to DISTRIBUTE your record. You can't sell your record without knowing what distributors, retail outlets, corner stores, smoke shops, are going to want to sell your record.



So, you already have your compilation, um, album. It's called "M.C. Artist: Lyrical Dali" or something like that (jk, underground fans, I love you all.)



Thus, the next rational question: WHO IS GOING TO SELL MY ALBUM?



Oh, I bet you would like a large retail outlet to sell your record. Odds are, they won't. Why? Because nobody knows you. Go on the internet and find records of artists similar to your style and see who distributes them. If it's WEA, UNI, or any of the biggies, you are in a different game. But look at similar styles in smaller selling artists, is Caroline Distribution their main arm? Who else is doing it? Who are the local distributors in your area? What stores that are NOT record shops, will they sell your record? Perhaps a Hip-Hop clothing store? What about the smoke shop? What about... WRITE DOWN EVERY POSSIBILITY... brainstorm who will sell your records! After you've done this, categorize each type of shop and distributor, and then start calling.



Here's an example:



"People that would sell my record"



1. Arseface Records shop on Ventura.

2. Tower Records (maybe)

3. Ganja Joe's Smoke Shop

4. Dick's Cafe

5. The Internet

6. The BP filling station on Figueroa.

7. My friend Louise.

8. Jumpstart Distribution (in my area)

9. Caroline Distribution (national)

10. Chong's Hip-Hop Clothing

11. My shows



Once you brainstormed, go to the internet, or to a telephone book, and find similar companies to the ones you've listed (not your friend Louise, or the internet.)



You look on the internet, and find that there is a competitor to Ganja Joe called Acid Sam's in your area. You find that there are five other distributors like Jumpstart. Arseface Records has competitors called Hellhole Record Shop and others.

Getting A Nice Mix

I'm going to give you guys a little insight to how I create a Balanced Mix.



Starting Your Mix

The first thing that I do when mixing is set the levels, and pan. I find this important to do before using e.q. compression, or anything else because this will let the frequencies build up and expose any problems of clashing frequencies you may run into.



So I start with the vocals muted and work completely on the instruments (you can come back and adjust if needed, later). I start my mixes with all my faders down and will bring my kick up first and let that peak the master buss at about -10. Then I bring in the rest of the drums.



Now, I bring in reverb and delays. I like to set my reverb to tempo. Read this http://www.gearslutz.com/board/rap-h...echniques.html for instructions on how to do this.





Bringing in the Bass

I find that in a lot of amateur mixes, this can be one of the biggest problems.



I like to bring in the bass after my drums are mixed. Getting a good kick to bass relationship can be difficult, but trust your instincts. Don't "cut" to make room for the kick, that will only create problems with achieving a balanced mix. Now, with that said, if you have an 808 kick, and a bass, you might want to side-chain a compressor to open room up for the Kick when it hits. You want to be able to hear the kick when that bass is going.



Instruments



Now, I bring in pianos, guitars, leads, synths, strings, and all other instruments slowly. I bring them up, I try to find the sweet spot so everything sits just right. Sending them to the reverb return, and constant level adjustments will get them to set in. Sometimes you will need to ride faders. You want the mix to have an exciting points, you want it to build up. A couple dB's higher in the hook possibly when all your instruments are playing. This is important so things aren't all monotonous. This is equally as important as the arrangement. You have to keep the listener interested.

Bringing in the vocals.



Now that we've got the instruments all mixed, it's time to bring in the vocals. First thing I do is bring in the lead vocals. I find the spot where I like them and automate the levels so they sit ontop of the mix. So say the vocalist goes to low on a part and you can't hear them, just bring it up for that part. Or maybe there is just more instruments playing and they are building up to go into the hook, just ride the fader so that the vocals maintain the same relation that they had with the mix when there wasn't so much playing at once.



After all my lead vocals are done, I bring in adlibs, harmonies, background vocals.



You don't want your adlibs to over power your lead take, and you want background vocals to sound like... background vocals. Usually, more reverb on the background vocals so that they are farther back in the mix.



I send all the vocals over to a stereo buss and compress them slightly (this will give them a cohesive sound:"glue"). People often misuse and misunderstand compression. Instead of looking at compression as "leveling out the sound and trimming peaks", you should look at it more as a tool to shape the sound. Here is a great guide to using compression http://www.futureproducers.com/forum...d.php?t=352940



E.Q.



There is corrective e.q. and creative e.q. So far in this mix, we haven't used e.q. Now, the reason for this is because it can create frequency balance problems. So, we have all of our levels set pretty well. There may still be a few kinks, but that may be caused by frequencies all building up in a certain area. Lows and mids are a problematic area for this. Listen to the mix, figure out where what frequencies are clashing, then find the instrument, and cut those clashing/annoying frequency build ups. You might want to set a HPF on the bass and/or kick from 40hz down so the low end isn't muddy.



That is corrective e.q.



Creative e.q. would be more like the "telephone effect" where you cut out from 800hz down, and 2khz up and boost in between.



Or maybe you want to muffle a sound, set a LPF and cut out all those high frequencies.



Maybe you want that "Drake Effect" where the music gets muffle, and the vocals have the telephone effect.



Just set your e.q. to muffle the instruments, and set the e.q on the vocals to the "telephone effect" and automate those plug-ins with a "Master bypass" so they only turn on for certain parts.

The Connected Music Group Presents Word On Da Street...Copyright Registration

Music Business 101 - Copyright Registration |



In the last article I discussed the basics of copyright – what it covers, how to get a copyright, what you can do once you have a copyright, etc. If you recall, in nearly every country, copyright protection manifests automatically as soon as an original work is in fixed form.



But you’re also probably aware that you can register a copyright in the United States. I’ve seen a lot of confusion about this, so I’m going to try to lay it out in more detail.



Disclaimer: I am not a lawyer. Anything in this post is for informational purposes only - if you have specific questions, seek out the counsel of a practicing attorney.



Copyright vs. Copyright Registration



Getting a copyright and registering your copyright are two entirely separate things. Getting a copyright is automatic. In the US, and nearly every country in the world, once you put your music, writing, artwork, or whatever into a tangible, fixed form (like a computer file), you have a copyright.



That’s a very big point so read that last paragraph again because I see most of the confusion about copyrights and registration coming from not understanding that point.



Registering your copyright, as I said, is an entirely different matter. Outside of the US, most countries don’t even have an official government registration of copyrights. But the United States still holds on to having a registration process that authors and musicians can take advantage of.



Important! - Registration fees increased on August 1st. Electronic registration is still the best way to go, both in price and processing time. Second is using the universal Form CO. If you somehow manage to get your hands on the old PA or SR forms (only available by request at the Copyright Office), be prepared to pay more than the other two options – and be prepared for a much greater processing time.



Benefits of Registration



So why would you want to register your copyright? Copyrights are automatic, right? Sure thing! Registering your copyright merely provides certain additional benefits. Most of these are only benefits you would see if you ever sued someone for infringing your copyright.

The US Copyright Office lists the following benefits of registration:

Registration establishes a public record of the copyright claim.
Before an infringement suit may be filed in court, registration is necessary for works of US origin.
If made before or within five years of publication, registration will establish prima facie evidence in court of the validity of the copyright and of the facts stated in the certificate.
If registration is made within three months after publication of the work or prior to an infringement of the work, statutory damages and attorney’s fees will be available to the copyright owner in court actions. Otherwise, only an award of actual damages and profits is available to the copyright owner.
Registration allows the owner of the copyright to record the registration with the U. S. Customs Service for protection against the importation of infringing copies.
Probably the biggest benefit relating to an infringement lawsuit is that you cannot sue someone without a copyright registration. I know, it seems kind of silly to say you don’t need to register your copyright to get protection, but you can’t do anything in court about it without a registration. That’s just how it works.



The second biggest benefit is the establishment of prima facie evidence of ownership and date of creation. That means that if you sue someone for copyright infringement, your registration certificate is all you need to show the court that you are the owner of the work in question, and that it was created on the date listed on the certificate. If the defendant wishes to challenge any of that, he has the burden of proof - in this case a very high burden.



Important! When is the effective date of a copyright registration - the date the Copyright Office receives your application, or the date the Copyright Office completes the registration process for your application? Good question! Unfortunately, courts are split on this question. Some take the first approach, some take the second. With the time-sensitive nature of many of the registration benefits, it’s very important to be aware of which rule the venue you are suing in follows. A good copyright lawyer is highly recommended if you have questions about this.



Proving Ownership and Poor Man’s Copyright



Many people often ask how to prove ownership of a song or other work if someone else has plagiarized it. The answer is the same as any other case – evidence. There is nothing special about copyright infringement and what types of evidence are needed to prove ownership. Registering your copyright, however, goes a long way in proving ownership. As you can see above, it establishes prima facie evidence of your ownership – meaning that you don’t need any more evidence than your registration certificate as proof. (People also ask what happens if someone swipes their song and registers a copyright as if they were the original owner. In that case, not only would they be liable for copyright infringement, but also fraud on the Copyright Office and probably state and federal unfair competition and misappropriation causes of action, to name just a few.)



But this belief in “special” evidence for copyright ownership leads to belief in the “Poor Man’s Copyright.” Poor Man’s Copyright refers to any practice besides official registration that is used to preserve evidence of ownership of a copyright – like mailing a physical copy of the work to yourself and keeping it unsealed. The idea is that, if you ever find yourself in court,you can pull out the unsealed envelope - which was stamped with the date it was mailed - and dramatically open it in front of a judge, proving that you created the work on the date you said you did.



A couple things are wrong with this scenario. First, this type of evidence is very easy to forge (you could mail an unsealed envelope to yourself and keep it around until its needed.) More importantly, if you’ve been paying attention, you’ve noticed that you can’t even get into court without a copyright registration. And, a copyright registration provides prima facie evidence of your ownership - making any additional evidence mostly unnecessary.



I’ve seen online services that claim to provide private “registration” services for copyright owners - upload your song, and it will be “time-stamped” on a “secure server” to provide evidence of ownership and date of creation. Basically, these services are providing a high-tech version of the Poor Man’s Copyright. Again, pretty much unnecessary if you ever find yourself in court. I have yet to find a single case where any version of the Poor Man’s Copyright was needed or used successfully to prove ownership and date of creation. If you know of one, I’d be happy to hear about it!



Important! This section applies only to musicians in the United States. In other countries, especially ones without a government registration process, the Poor Man’s Copyright might provide some benefit in the event of an infringement lawsuit. The Jamaican Intellectual Property Office website, for example, recommends this method for establishing proof of ownership and date of creation.



Foreign Authors



In many other countries, registration is not required in order to protect your copyright in court. A lot of countries don’t even have a registration process like the one in the US. Some do, primarily for public record and evidentiary purposes. You can look up your country’s copyright laws to see what sort of registration process is available in your specific country. (Check out the links in last week’s post on copyright.)



But what if you’re not a US citizen, yet you are releasing your work in the US (pretty much a given if your work is online)? Do you need to register in the US to protect your copyright?



Under the Berne Convention, “foreign authors are given the same rights and privileges to copyrighted material as domestic authors in any country that signed the Convention.” In the United States, this means that foreign authors are not required to register to receive many of the benefits of registration - including the ability to sue for copyright infringement. A foreign author may still register if he wishes (to establish a public record, for example).



Important! While registration is not required for a foreign author to sue for copyright infringement in the US, it probably is required in order to seek statutory damages and attorney fees. The same time frame for registration applies to foreign authors. This is probably the biggest reason a foreign author should take into consideration when deciding whether to register her copyright in the US. Again - check with a lawyer!



More Resources

US Copyright Office Circulars and Brochures - these documents contain a wealth of information about the registration process and should answer many questions that pop up.
Volunteer Lawyers for the Arts (New York) - Contains a wealth of information and links about copyright and other legal issues relating to musicians and artists.
VLA National Directory - National directory of organizations that provide low-cost and pro bono legal assistance for musicians and artists. A good place to start if you think you may need an attorney but don’t know if you can afford one.

The Connected Music Group Presents Word On Da Street...How to Talk To An A&R

A&R is a vital department in any record label. Every label company publishes their own a&r directory for new artists to approach the representatives. These representatives are the ones who introduce new talents to the company; their role has always been pivotal in shaping the future of music industry. For example, the A&R representative Mr. John Hammond was responsible for discovering talents like Bob Dylan, Bruce Springsteen and many more whose music was different from the main stream music. However recent trends like digital distribution of music have changed the role of A&R reps. Dwindling record sales all over the world have determined the record labels to reduce the a&r reps in their company.

The A&R reps are under constant pressure as they have to be on the lookout for new talents in order to get them signed with their company before the rival recording company signs a deal with the artists. As a new artist, it is vital for you to know how to approach a&r reps as they are already burdened by the overload of many people trying to prove their musical skills in order to get a record deal. Though the traditional way of sending a demo CD to the a&r office is still in practice, the success rate by this method has decreased considerably.

If you want an a&r representative to sit back and notice your music, then you need to come up with new ways. One of the important ways is to utilize the latest technologies like the email or digital submission of music. Email is preferred by many artists as every A&R representative would check their email and the chances of them listening to your music is high.

The Connected Music Group Presents Word On Da Street.......The EPK

As an owner of an independent record label, I often get asked how to put together a great press kit. I have found that young musicians understand their music, but are often intimidated by the marketing end of the business. In this article I will help you figure out how to position yourself, whether you are a Latin female vocalist building her base, or an upstart garage band just looking for a break.

What is a Press Kit:

First of all, there is nothing magical about the term "press kit". All we are talking about is a little background on you/your band, some basic facts, good quotes about your music, a couple of good pictures, and a sample of your music. You will use this to send to newspapers, lawyers, radio stations, A&R reps, promoters, and anyone else who is willing to spend five minutes reviewing your material. Additionally, on the internet you will hear about an electronic press kit, or EPS. An EPS is the exact same thing as a conventional press kit, except it is downloadable as an electronic file instead of a hardcopy form which must be mailed.

The main purpose of the press kit is to generate interest in the artist and their music.

What to include:

Include a limited amount of background information on yourself. It is fine to say where you are from, but no one really wants to hear about every singing performance you did during elementary school. Sometimes less is more.

Talk about your music. Who do you sound like, and who does your music remind people of. The reader needs to be able to have a good idea of what your music sounds like just from your description. Be thoughtful and feel free to be a little funny here (but stay professional). Saying something like your band sounds like a cross between "Maroon 5 and Green Day after 20 cups of coffee" helps the reader understand. Remember, if you don't generate enough interest in the first minute, they will never listen to your demo.

Talk about what you are good at. What makes your band special and different from others? What skills and experiences do you bring to the table? Remember if you are looking for a record deal, you need to prove to your reader that you have all the right ingredients for them to spend hundreds of thousands of dollars marketing you. Launching a new artist is risky, so you need to help the record exec understand why you are a solid investment.

Include quotes and/or press clippings as you generate them. A good quote from a reputable source (not your brother-in-law) can add a lot of credibility to your press kit. It lets the reader know that you have already been reviewed and your material is worth listening to. Ninety percent of press kits unfortunately end up in the trash, some good quotes and positive reviews can create the momentum necessary to get heard, and who knows - maybe even become famous.

You can go with one page dedicated to a bio (biography), and a separate page focused on quotes about your music, or you can combine the two into what some people call a "one pager". My personal preference is to boil everything down to a tight one pager. My desk gets cluttered and papers get separated. If you have you quotes separate from your bio, there is a possibility that I could misplace one or the other. With the advent of digital photography and high quality color printers, it is even possible to include a small picture on your one pager to make it even more complete.

Make sure the overall language and tone of the press kit is consistent with your image. If you have someone help you write your bio, make sure they have heard you music and know what you are all about before they hand you something that might sound great, but isn't about the real you.

Include a couple of different 8x10 pictures that show off different features about you and your band. Include shots that would be appropriate in a news article, but also highlight your key assets from a visual perspective. Your press kit should look professional, but your pictures should reflect your style and music, so you pictures can be much more crazy and creative. Make sure you clearly label the picture with you name and contact information.

If you don't have good pictures of your band, one of the best ways to get some is to go to a modeling agency and ask for a referral to a good local photographer. These photographers are often willing to do some great work for around $300 for the whole package. Make sure you get an agreement upfront that you own the copyrights after the shot and get the high resolution digital images on CD (with a copyright release you can print these photos at any major retailer). A photographer who does work with models is very different from a photographer who takes family pictures. They have a much better idea of what you want, they will encourage your creativity, and they are much more willing to give you the copyrights.

A current gig sheet can also be useful showing where you have recently played and where you are playing in the near future. This can demonstrate that the music is current and has a following in the community.

And of course, your music. Send a high quality CD demo, preferably mastered if you budget permits. Avoid burning your own CD on your home computer with a stick on label - it looks cheap. There are many new CD duplication services on the internet that will manufacture you CD with a printed color insert, and on disc printing even if you only want a few copies (CD replication is for batches over 1,000 but CD duplication is for batch sizes as small as 1). Expect to pay around $5 a retail ready disc for 1-5 CDs, with prices dropping off for larger batches. Make sure you clearly label the CD and the case with you name and contact information. The worst thing in the world that could happen is that they love your music, but they have already lost the rest of the press kit and don't remember the name of the band.

What Not to Include:

Don't oversell yourself. Saying that you are the greatest band that ever lived, might be true, but it probably isn't. Be positive and promote yourself, but focus on statements that are credible. People in the music business hear hype all of the time, and for the most part are numb to it. Hype is good to use with the general public on things like posters (they often believe it), but your press kit reader is more sophisticated and will see it as cheap theatrics.

Including too much of your personal history can make you seem like an amateur with nothing meatier to talk about. Your reader wants to understand your music today, only your psychologist needs to know about every little detail of your childhood.

Don't include anything that makes you look too desperate. You want to come across as a quality professional artist. Remember, you make great music. If your band is called the Chicken Heads, then it might be cute to include a rubber chicken in the box, but otherwise I would stick to the basics - bio, quotes, gig sheet, pictures, and music.

How to Package It:

Include a professional looking, personalized cover letter targeted at the person you are sending the press kit to. Your message needs to be different if you are sending it to an A&R rep at a label seeking a record deal, versus sending it to your local newspaper for a review in their music section. Be brief and to the point. Also, be clear and state exactly what you would like from them.

Put it all together in an organized package. Since you are most likely mailing your press kits, make sure that the CD does not bend the photos, and that your kit will arrive looking the way you intend. You may even want to test a press kit (send it across the country to a wrong address, and then it will come back to your return address) to evaluate your packaging.

Your Music Is Art, But Your Press Kit Is Business:

Remember, be professional. The person you are sending this press kit to probably gets hundreds of them, most of them are garbage (and that's where they end up too). Your music can be crazy and wild, but your press kit needs to be more business like. You are asking someone to spend their valuable time reviewing your material. You may also be asking them to enter into a high risk expensive financial relationship with you. The person you are dealing with is in the music business, they need to make a living. The only way they can do that is to deal with real talent. By presenting a professional package you give them confidence that you are dedicated to making great music, and not just messing around.

A Word About Unsolicited Press Kits:

Avoid wasting your time and money sending a press kit to someone you have not talked with already. Always call and make contact first, ask who you should send it to and what their process is. If possible, have someone who knows the person act as an intermediate and make the initial introduction (this can work wonders). The music business is all about contacts, create and leverage your network. After sending your press kit, call in a couple of weeks and follow up to make sure they received it and got a chance to review it.