Some Advice to Up & Coming Musicians

The music Industry, while being great if you Hit,
can be a very hard business to succeed.
One of the first things you have to really grasp hold of,
Is this business is 99% politics, and who you know,
or who your Manager & Attorney know.
Major record labels do not listen to tapes sent in by artist,
they have not since the 60's, so no matter how many times you call or write,
they might let you send a tape or cd, but that will be logged and sent
DOWNSTAIRS never to be heard. And trust me, that is common place.
The only way they will hear it is if your Manager or Attorney has
a working relationship with the labels you want your music to be heard.
Major labels do not have the time to listen to submissions
from Millions of bands from Myspace and all over the world.
And with the music business in general not selling the numbers they used to,
and cutting their staff to 1/4 of the size... .how can you get signed?

First of all it is important to have a realistic view about your music
and whether you are commercial and have a look and product
that a major label can sell. Just because your buddies,
best friends and relatives say you are hot,
be realistic with the level of talent you need to compete against.
First of all, YOU NEED TO BE ABLE TO SING IN PITCH.
I can't stress this enough. I get demos everyday of singers that CAN'T sing in Pitch
and some even can do fancy lines like Whitney etc... but don't hit the notes in pitch.
GET A VOCAL COACH....
and remember most people in the studio do not sing in pitch good
with both headphones on your ears. And for God's sake Tune the darn Guitars folks lol...
Next focus on Writing Hit SIngles. The song, if a Hit, is very very important...
The more Hits on your CD and more success.

Marketing yourself:
Yes everyone and their brother who is a musician has a Myspace profile.
But how do you stand out against the millions of bands on the internet.
First of all Your Look, Image, basic Marketing of yourself, and capturing your audience.
Work on building a fan base of people who like music that is in the same genre,
instead of adding everyone on Myspace to get a bunch of profile hits from people who can't stand your music. DON'T SPAM with same post 10 times in 2 minutes in bulletins
That will only get you deleted from friends like myself.

Networking:
Again gets back to politics. Network with other business people on Myspace.
Think of others beside yourself also.
Nothing wrong with wanting all your friends to succeed that are talented.
Be respectful of Music Business People you meet and Network with.
Don't try to over sell yourself to them.
If you become true friends with them, let them notice you.
And they will respect you all the more.
And remember RESPECT in this business is very important.
And remember no matter how large the business is, it is not wise to close doors.
Because you never know in the future, that person might hit
and be the door you need to be opened.

I wish all success in the music business.
And may all your dreams come true.

Larry Rust - Owen Avenue Productions
Get Focused Management
Music Production / Film & TV Sound Scores / Music Consultant / Commercials
Glamourocke Records A&R Producer

BTW ... Best Investment in Music Business
BUY the book "All You Need To Know About The Music Business"
by Famous Music Attorney Donald S. Passman
___________________________________________________________________
This next Section was posted originally by Johnny Kim - Glamourocke Records
and reposted with his permission.

Music Licensing..Here's what you need to know about music publishing, etc.

You want to use a song in a TV or radio commercial, you need a Master Use license from the label (unless you are re-recording the performance) and a Synchronization license (TV) and/or a Transcription license (radio) from the publisher

* Low-end TV usage (e.g. -- music is playing from a jukebox in a scene, but no one in the scene is paying any attention to the music) -- free (for exposure) to $2,000 for a 5-year license. In a film, the fee would be $10,000 in perpetuity.
* A more popular song is worth more, perhaps $3,000 for TV and $25,000 for film.
* A song used as the theme song for a film might get $50,000 to $75,000.
* Commercials fetch even more money: "a song can command anywhere from $25,000 to $500,000 plus per year. The typical range for a well-known song is $75,000 to $200,000 for a one year national usage in the United States, on television and radio."

COMMON MUSIC LICENSING TERMS

ADI
ADI or Area of Dominant Influence is the geographic area or market reached by a radio or television station. It is used by advertisers and rating companies to determine the potential audience of a station.

Blanket License
"Blanket license" is a license which allows the music user to perform any or all of the 8 million musical works in ASCAP's repertory as much or as little as they like. Licensees pay an annual fee for the license. The blanket license saves music users the paperwork, trouble and expense of finding and negotiating licenses with all of the copyright owners of the works that might be used during a year and helps prevent the user from even inadvertently infringing on the copyrights of ASCAP's members and the many foreign writers whose music is licensed by ASCAP in the U.S. [see also Per Program License]

Dramatic or Grand Rights or Dramatic Performances
ASCAP members do not grant ASCAP the right to license dramatic performances of their works. While the line between dramatic and non dramatic is not clear and depends on the facts, a dramatic performance usually involves using the work to tell a story or as part of a story or plot. Dramatic performances, among others, include:

(i) performance of an entire "dramatico-musical work." For example a performance of the musical play Oklahoma would be a dramatic performance.

(ii) performance of one or more musical compositions from a "dramatico-musical work" accompanied by dialogue, pantomime, dance, stage action, or visual representation of the work from which the music is taken. For example a performance of "People Will Say We're In Love" from Oklahoma with costumes, sets or props or dialogue from the show would be dramatic.

(iii) performance of one or more musical compositions as part of a story or plot, whether accompanied or unaccompanied by dialogue, pantomime, dance, stage action or visual representation. For example, incorporating a performance of "If I Loved You" into a story or plot would be a dramatic performance of the song.

(iv) performance of a concert version of a "dramatico-musical work." For example, a performance of all the songs in Oklahoma even without costumes or sets would be a dramatic performances.

The term "dramatico-musical work" includes, but is not limited to, a musical comedy, oratorio, choral work, opera, play with music, revue or ballet.

ASCAP has the right to license "non-dramatic" public performances of its members' works - for example, recordings broadcast on radio, songs or background music performed as part of a movie or other television program, or live or recorded performances in a bar or restaurant.

Dramatic and grand rights are licensed by the composer or the publisher of the work.

Mechanical Rights
A mechanical right is the right to record and distribute (without visual images) a song on a phonorecord for private use. Mechanical rights or a mechanical license must be obtained in order to lawfully make and distribute records, CD's and tapes. Recording rights for most music publishers can be obtained from

The Harry Fox Agency
205 East 42nd Street
New York, New York 10017
212-370-5330
http://www.nmpa.org/hfa.html

Music Publisher
A music publisher works with songwriters to market and promote songs, resulting in exposure of songs to the public and generating income. Music publishers "pitch" songs to record labels, movie and television producers and others who use music, then license the right to use the song and collect fees for the usage. Those fees are then split with the songwriter.

Per Program License
A "per program" license is similar to the blanket license in that it authorizes a radio or television broadcaster to use all the works in the ASCAP repertory. However, the license is designed to cover use of ASCAP music in a specific radio or television programs, requiring that the user keep track of all music used. Also, the user must be certain to obtain rights for all the music used in programs not covered by the license.

Public Performance or Performance Rights
A public performance is one that occurs "in a place open to the public or at any place where a substantial number of persons outside of a normal circle of a family and its social acquaintances is gathered." A public performance also occurs when the performance is transmitted by means of any device or process (for example, via broadcast, telephone wire, or other means) to the public. In order to perform a copyrighted work publicly, the user must obtain performance rights from the copyright owner or his representative.

Record Label
A record label (or record company) makes, distributes and markets sound recordings (CD's, tapes, etc.) Record labels obtain from music publishers the right to record and distribute songs and in turn pay license fees for the recordings.

Retransmission
A transmission of a performance is one that is sent by any device or process (for example, radio, TV, cable, satellite, telephone) and received in a different place. A retransmission is a further transmission of that performance to yet another place.

Sound Recording
A sound recording refers to the copyright in a recording as distinguished from the copyright in a song. The copyright in the song encompasses the words and music and is owned by the songwriter or music publisher. The sound recording is the result of recording music, words or other sounds onto a tape, record, CD, etc. The copyright encompasses what you hear: the artist singing, the musicians playing, the entire production). The sound recording copyright is owned by the record label. The copyright in the musical work itself is owned by the music publisher, which grants the record label a mechanical license to record and distribute the song as part of the record.

Synchronization or "Synch" Rights
A synchronization or "synch" right involves the use of a recording of musical work in audio-visual form: for example as part of a motion picture, television program, commercial announcement, music video or other videotape. Often, the music is "synchronized" or recorded in timed relation with the visual images. Synchronization rights are licensed by the music publisher to the producer of the movie or program.

Record Companies:

DISTRIBUTION
Make sure the label has a solid distribution deal on a national level. Be sure to check on the relationship between the label and their distributor(s). Ask some questions like:

* How many records has the distributor sold of the label's product?
* Did the label have any problems getting paid by their distributor?
* What kind of working relationship do they have with their distributors on their new releases?
* Does the label have a budget to pay for some co-op ads, and in-store promotions through their distributor?

ROSTER
Make sure the label's roster isn't too big, or else you won't be given the attention you deserve. Also, make sure the bands on the roster match the type of music you play.

PUBLISHING
If the label has an affiliated Music Publishing division, and wants part of your publishing, don't be surprised, but be sure your attorney protects as much of your publishing royalties as possible. Never allow a label to recoup any monies advanced to you for the recording of your record from your mechanical royalties. (This is the money owed to the songwriter and music publisher of the songs you wrote on your record, for the sales of your record.)

MERCHANDISE
Merchandise deals are deals made by your attorney outside of your recording contract, for your likeness to appear on t-shirts and other clothing and objects. If the label wants a percentage of the income from such a deal, you may have to negotiate how much they get.

OPTIONS
Find out how many options the label wants. Since "opti.. number of records," you don't want to agree on too many options.

INDIE PROMOTERS and/or IN-HOUSE STAFF
Find out if the label works with independent radio and/or retail promoters. It's a good sign when they do; this raises the chances that your record will be seriously and effectively promoted.

ADVERTISING
Find out if the band has an advertising budget for releases.

TOUR SUPPORT
Find out if and how they support you on your tour (financially, morally, etc.) and how much of any advances for touring are recoupable.

POINT / PERCENTAGE of the LIST PRICE You Receive
Find out how much you get paid for each record sold. A new act usually gets somewhere between 10-15% of the suggested list price of a recording. (Remember too that out of your percentage, you must pay your producer their percentage, for producing your record.)

Major Label

By industry definition, a major label is a label that commands a high percentage of the annual sales of records, and has their own distribution system. ( The Big 5 distribution companies currently are: WEA, BMG, SONY, UMVG, and EMD.)

When pursuing a major label deal be absolutely sure that this is what you really want. Here are some points that might help you determine if this is the right thing for you to do:

OPTIONS
A major label often signs artists for six to eight records (not years).

A&R
Research the A&R person. Know whom they've signed, who they've worked with, who they've worked for, and how long they have been employed.

NUMBER OF RELEASES
Find out how many records the label releases per year. You don't want to sign with a label that releases too many records. Remember, they only have so much time and enthusiasm to put into the promotion of each record. Many major labels have between 12-25 releases coming out each month.

Here are some clauses that you will encounter (and sometimes have to watch out for) in a contract with a record label:

EXCLUSIVITY
Every record contract includes a provision stating that the deal is "exclusive." In other words, during the term of the agreement, you can't make records for anybody else. Therefore, an exclusivity clause in a contract refers to the fact that you may only contract with this record company (you are "unilaterally married" to that company.) I strongly recommend that your attorney define the extent of exclusivity.

TERM
The duration of the contract. (How many records? Any time constraints?)

PRODUCT/CREATIVITY
Who will control the amount of product and the quality of the product? You always want as much creative freedom as possible; the record company often maintains a veto power when letting a band choose the producer, engineer, studio, etc.

RECORDING COSTS
How much (recoupable) recording money will you get? Don't overdo it! Remember, you will have to pay it back from your royalty rate as applied to actual sales.

ADVANCES
How much (living) money will you get that is recoupable? What about other advances, such as videos, and touring? Remember, you will have to pay back that amount to the label.

ROYALTIES
The money paid for your service as recording artists. Outside of U.S. is calculated differently. (Canada: 75–90 % / UK, Japan, Australia: 60–70 % / Rest of the world: 50 %–of U.S. rate).

VIDEO
Who controls the music video and how the costs are apportioned. Try to have only 50% of the cost recoupable.

PUBLICITY
The label will need your permission for name, likeness and voice in order to publicize your record. Also, ownership of your website URLs may also be a point of negotiation.

MERCHANDISING
Same as with Independent labels

UNION
Your promise to join a union (AFTRA, AFM).

AUDITING
Your right to audit the books. Make sure this clause is included in the contract.

ACCOUNTING
The label's responsibility is to report financially to you (reports to artists usually occur every six months; i.e., if an accounting period lasts from January till June, the label will report to the artists approximately in September).

ASSIGNMENT
The record company's right to sell the contract. Majors sometime shuffle acts around from one affiliated label to another within their family of labels.

CONTROLLED COMPOSITION
How the label will pay mechanical royalties. Standard practice is that the label will only pay on 10 songs on your record, and at 75% of the current statutory mechanical license fee. (As of 2002, 8 cents per song, per unit sold.) This rate changes every two years.

TERMINATION
This clause specifies the songs you may not be allowed to record for a set time after the ending of the contract.

SIDEMAN'S CLAUSE
You might want to consider including a sideman's clause. A sideman's clause allows an artist to do studio work. The artist still needs permission from the record company; they however, can't say no unless they have a very good reason. Under normal circumstances -- without such a sideman's clause -- you would be prohibited from performing for any other band/label under the terms of an exclusive contract. If you have a sideman's clause in your contract, make sure all members of your band sign the document_

KEY MAN CLAUSE
If a significant label executive resigns, or leaves the company, you may terminate the deal. The label may also put such a clause in concerning a band member.

I hope this information was useful for you. Knowing some basics about the realities of recording contracts before you get involved with them can save you a lot of grief down the road. Remember, record company lawyers have a reason for every clause in their contracts—so should you.