Excerpted from Moses Avalon’s book Confessions of a Record Producer, published by Backbeat Books.

So one afternoon you sat down and wrote a simple four-chord song and made a rough recording on your home hard-disk multi-track. You sent it to a friend who liked it, and the next thing you know, a top artist heard it and fell in love. They want it for their next album. A few months later, the song is on the radio and it’s a hit. You’ve won the jackpot.

Suddenly, as if from nowhere, your mailbox is being stuffed with large, thick envelopes from various companies. Who are they? What do they want? There seem to be hundreds of them and they all have thick forms and legal documents for you to fill out. You’re hearing from record companies, performance rights organizations, publishing companies, promotion companies … It is staggering how many companies are associated with a marketable song.

All right, so the above example is a bit oversimplified, although I have seen songwriters with successes almost that dramatic. The point I’m making is that most artists and songwriters are at first unaware of the amount of paperwork and legal documentation that goes into the simple four-chord song they wrote and produced in their living room. Here is a basic list of some of the main companies and what they do. They are the entities we speak of when we speak of “the music industry.”

Record Companies
Record companies are in the business of making bets. Every band they sign requires an outlay of cash. If it’s a major label or a major-owned indie, it could be anywhere from $200,000 to $2,000,000 per act. If it’s an independent, the tab is usually no more than $50,000. In essence, record companies are really banks that specialize in lending money to musicians. The idea that a record company gives an artist money is the most common misconception among new artists. In reality, record companies loan the artist money.

When you read about an artist getting a one-million-dollar recording contract, it means that the record company offered to loan that artist up to a million dollars over the course of the contract. The artist is expected to pay it back out of the royalties that their record earns.

Aside from loaning money, record companies offer promotional and distribution services to a recording artist. These services can range from merely supporting distribution for an already finished record, usually for about 25% of the artist’s profit, all the way to the other end of the spectrum of financing the recording of the record and then promoting and supporting its distribution. For this, the take is generally up around 90% of the proceeds from record sales.

Production Companies
These operate in one similar way as record companies – they invest in talent – and one vital way that they do not, in that they do not have a specific distribution contract with a distributor to get their recordings into a retail environment. This is no small exception – if you can’t get the records in front of customers, you usually can’t sell very many of them.

Production companies, which I sometimes call “vanity labels” or “three-deep labels,” are usually owned by producers or recording studios. They sign artists and produce demos and shop them in hopes of getting the artist a record deal.

Many production companies dream of being record companies and often seek an affiliation with a major label or distributor to handle their product. But don’t be fooled. Unless the production company has secured a distribution contract with a legitimate distributor or has found a way to independently release their recordings, they are no more capable of selling records en masse than you or I.

Publishing Companies
The role of the publishing company is easy to comprehend, even if publishing deals themselves are not. Simply put, publishing companies control and safeguard the copyright by dealing with the complex renewal regulations, and they collect the money that is due to the songwriters whose copyrights they acquire. They also litigate on behalf of their authors in case of infringement, and they shop your songs to various other companies to use in movies, commercials, TV shows, and so on.

In exchange for these services writers agree to hand over the copyright of their songs and receive a percentage of whatever the songs earn – usually about 50%.

If you’ve written a song that is going to be released on a major record label, you are going to make money. Because the Copyright Act of 1976 requires record companies to pay for the use of a song on a record. The rate labels have agreed to pay is called the “compulsory rate” (sometimes called the “statutory rate”). It is paid to each author who writes a song that’s on any record they distribute. As of January 2006 the rate is 9.1¢ per song for each record distributed.

So, to continue our mock example, you wrote a song that will now be on a big record. The record company agrees to pay the owner of the copyright a compulsory licensing fee of about 9¢ for each song on a record, and for each record sold. A million-seller has huge potential.

The publishing company sees an opportunity to collect some easy coin, so they will try to make a deal to collect writers’ royalties, since writers seldom want to go to the trouble of pounding the phones and hiring accountants to do this nasty work themselves. The publishing company will also negotiate and collect the synchronization license fees for a song. A synchronization license is the fee that a movie or television company pays for the right to use the song as part of the soundtrack in a film or TV show. These fees can be quite high.

For the use of Sonny and Cher’s “I Got You Babe” in the movie Groundhog Day, the film’s producers paid the song’s publishers $80,000. Not bad. In recent years publishing companies have found new sources of revenue in “clearing samples.” Samples are the small sound bits used mostly in rap and R&B to make up pieces of the groove of a song. The publishing company owns the rights to the songs embodied in the samples, so they can negotiate a fee for use of the sample in a new song. Then there are ringtones, a revenue stream worth about $1 billion a year to publishers.

As an artist or writer, you may be asking yourself, “Why do I need this?” Well, you may not. Starting in the ’60s, many artists who wrote their own material realized that they were giving up 50% of their money to a service that they didn’t require, because they were the artist recording the material. Why hire a company to sell the material to others? They began to make publishing arrangements directly with the record companies. In order to compete with this new trend, publishing companies started handing out big advances to new artists, as high as $1,000,000 for a new act; superstar writers can get five times that amount. In fact, this still is a common practice. But still, why would an artist accept any amount of money to give away 50% of their music when they don’t have to?

Over the past few years, in an attempt to compete directly with publishing companies, several entities have sprung up that will gladly collect a songwriter’s (or publisher’s) money and enforce his rights for a mere 10%. They call themselves copyright administration companies. They don’t generally shop songs (but most publishing companies don’t do that either these days) nor do they give you large advances. But if you haven’t tied up your administration rights with a standard publishing deal when luck strikes and one of your songs is placed in a major project, signing with one of these has huge advantages. You retain most of your rights, and these companies perform most of the same services that you would expect from a publisher. Some of these companies also administrate the copyrights of sound recordings, something traditional publishing companies do not do as yet.

The one type of revenue that publishing companies and copyright administration companies let others collect for them are performance royalties – that is, the royalty that the writer/publisher of a song gets each time that song is performed publicly on media like radio or network TV.

In the music business, “perform” has a unique definition that goes beyond the normal use. When you see a musician play a song live on TV, you’re obviously watching a performance. But did you know that when a DJ spins a record in a club, what you’re hearing is a “performance” as well, even though it’s originating from a machine? This also goes for cover bands playing at weddings, as well as jukeboxes in bars, DVDs, turntables in nightclubs, and any other type of music that is experienced in a “for profit” public place.

So, yes, the common interpretation of law says that each time a radio station plays a song for its hundreds of thousands of listeners or a DJ spins a mix in your favorite dance club, the writer should get paid a few pennies for the “performance.” If the song is a hit, this can add up to quite a few pennies. But how can you ever know how many times each station or club plays a song, or how many wedding bands are turning your cool hit into “the bride cuts the cake”?

Performing Rights Organizations
Enter the PROs, that is, the performing rights organizations: ASCAP, BMI, and SESAC. (Also called “Societies.”) In the United States, they represent the writers, the little guy out there trying to make a buck in the super-duper Big Brother environment of the broadcast industry.

These three companies monitor clubs, venues, theaters, and the airwaves and keep track of who plays what and how many times. They collect performance fees (which vary according to the approximate listenership of each station or size of each venue) and distribute this money to the writers who are registered with them. Because the costs of negotiating millions of transactions would be prohibitive, a system has evolved using these societies in similar ways that unions represent laborers with collective bargaining. Each society negotiates a “blanket license” (kind of like a set annual payment) that permits broadcasters and venues to play music by its members.

Since you cannot belong to more than one PRO at a time, and since hit songs earn a ton of cash, these organizations compete fiercely for membership. The rivalry between ASCAP and BMI has filled the pages of several other books, all worth reading before you venture into joining either. To attract members, each sometimes offers cash advances to a new artist/writer who just signed a big deal (although they “officially” deny this practice), and each also boasts about its unique monitoring system. BMI’s pitch is that they have the largest membership in the world.

But there is currently much debate over how fair the systems for ASCAP and BMI are because to some it seems as though the payouts favor certain writers or types of music. SESAC has managed to dodge this bullet for the moment, since they use an “objective” computerized monitoring system – but it is likely that they, too, will be under scrutiny soon as their membership grows.

There are other PROs in other countries. In fact, each European, Asian, and South American country has its own versions of ASCAP, BMI, and SESAC, but you need not concern yourself with them. For those with international hits originating in the U.S., the three main PROs mentioned above will attempt to collect from each of the smaller ones in the individual countries.

SoundExchange
Due to the internet, a new type of PRO designed strictly for collecting the performance royalties for digitally streamed sound recordings has been created. These days “digital streaming” means through the internet and over satellite radio. Why is this new? Well, in the U.S., sound recordings were never paid a royalty when publicly “performed.” That means, in simple terms, when a song played on the radio, the songwriter made a royalty, but the people who own the sound recording of that song made zilch. This includes the record company and the artist who performs the song. Hard to believe, but true. (In Europe and Australia both the song and the sound recording of the song are subject to performance royalties).

However, a new statute that allows for the collection of royalties from “digital sources” has opened up a fresh revenue stream for artists and their labels. This royalty is supposed to be split between the artist, the label, and the collective other musicians who played on the record in a 50%/45%/5% split, respectively. (The musician’s share actually gets paid to the musician’s union, the AFM, which supposedly distributes it to members using its own formulas.

While it’s true that so far the only sources for earning “digital sound recording performance royalties” are things like internet steaming/downloads and Internet and satellite radio, it’s a given that in the not-too-distant future many forms of transmissions (and distribution) will be digital, and thus we will see artists making additional money from these “performances” of their records. Examples might be the digitally “beaming in” of music to restaurants and stadiums, as well as cell phone ringtones and many other mediums.

Unlike PROs, who collect royalties for non-digital performances, wherein you have a choice of ASCAP, BMI, or SESAC, there is only one PRO to collect this new money: SoundExchange. SoundExchange collects and distributes millions of dollars a year to artists and labels. They have approximately 31,000 artist accounts and approximately 3,500 independent labels as well as the majors. In 2007 they took in $141,546,442 and for 2008 gross revenue is projected to be $154,260,000. Since they claim that their overhead is only about 7%, that means that over 93% of all this new money is getting split between artists and their labels.

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Related posts:

1. Music Business 101 – Publishing

Sell your music better and you’ll have resources to make more music, better-sounding music, and get more people to hear it. Here are five tips to help you generate more sales:

1. Believe In Your Product
It’s difficult to look someone in the eye and ask them to buy something that you don’t believe is a good deal for them. If you’re trying to sell a CD to someone for $10 that you believe is worth $5 then you’re going to have a hard time selling it. The idea is to focus on ‘giving’ them something that’s valuable to them at a fair price. You can always tell when someone is just trying to ‘get’ something from you. Don’t underestimate the intelligence and intuition of your fans. Nothing is more powerful in sales than the truth. The first step is creating a product that you believe in. Your belief and enthusiasm will shine through.

2. Examine Your Beliefs About Sales
Sales is really just about connecting people with things that are valuable to them. If you have other feelings that make it difficult for you to sell then you might want to examine your beliefs. Try this: Get out a piece of paper and write the words “People who sell are…” and then write down the first 10 things that come to mind without censoring your thoughts in any way. The first step to changing your beliefs to something more empowering is to become aware of what your beliefs are. You may have had bad experiences in the past or inherited beliefs from your parents that are holding you back. Once you become fully aware of what you believe you have the power to choose and adopt more powerful and supportive beliefs.

If you have a hard time promoting or asking people to buy things from you then you’re going to be severely handicapped in your efforts to make money with your music. If you get these first two right then this should get much easier.

3. Have a Clear Pitch
You need to be clear in your communication from the stage, on your website and beyond. Ex. “We have CDs and T-shirts in the back. Go see Tina – she’s right over there.” Have clear and clean linked images on your website where people can purchase your music and merchandise. Remove obstacles and make buying easy.

4. Repetition, Repetition, Repetition
Sales are not usually made on the first pitch. Tell people more than once that you have CDs and merch for sale. Make your mailing list a priority and put clear purchase links in all of the emails. Selling as an indie artist is not a one-shot deal. You’ll need to build repetition into your strategy and you’ll need to…

5. Build Relationships
Sustained success as an artist isn’t about tit for tat, it’s about giving as much as you can to as many people as you can for as long as you can. It’s about real relationships with people who you care about and who care about you. You don’t need everything to happen for you right now. If you continue to take care of the first four things on this list while building relationships, you’ll be playing the game to win for the long-term.

Related posts:

1. Sell More Than Just Your Music – 9 Quick Tips to Boost Gig Sales.
2. Top 10 Mistakes Artists Make
3. What’s Next for Independent Music Retail?

Article originally posted on 8/3/10 on HostBaby’s Blog.

Home recording has exploded over the past decade as digital technology has given musicians more and more powerful tools for capturing and mixing music on laptops and desktops. One of the key choices a musician or engineer must make is which DAW to invest time and money into.

What’s a DAW you say? Well, why don’t we see what good ol’ wikipedia says:

“Originated in the early 1980s, the term digital audio workstation (DAW) originally referred to a tape-less, computer-based system such as New England Digital’s Synclavier and Fairlight that used hard drives for media storage. ” – Wikipedia.org (read the full article)

The term DAW accounts for both software and hardware based production systems. However for maximum flexibility we’re going to just concentrate on computer-based DAWs today.

Choosing your DAW is much like shopping for a car. While your friend or co-worker may love their 4-wheel drive SUV, you might not find that it fits your needs as a commuter.  The same goes with DAWs. The main rule to remember in choosing a DAW is that there is no “one DAW solution”.  Though there may be a “one DAW full” solution for you (get it? one-daw-full.  Sorry, couldn’t resist.)  You may not get all your desired features in the DAW that you choose, but it’s important that you get most of them. The key here is to ask yourself “What’s most important to me?”

Here are some points for you to think about when choosing a DAW:

• Price
• Audio Editing vs MIDI Editing Capabilities
• Workflow
• User Interface
• Compatibility with 3rd party hardware/software
• Included Plugins (synths, samplers, effects)
• Update Frequency
• Customer Support
• System Requirements
• Stability

The important thing to remember is do your research. Again, buying a DAW is like buying a car. You want it to last long, fulfill all your needs, be cost worthy, and run well. Like buying a car, don’t buy your DAW on a whim! Read reviews, look at features, visit some forums and get opinions!

Below we’ve listed a number of DAWs. Please keep in mind we can’t list every DAW, as they are numerous. There are also a number of free DAWs out there, but since most of them lack a few key features, we’ve focused on more commercial/paid-for DAWs.

FL Studio

Signature Bundle: $299
Producer Edition: $199
Fruity Edition: $99
Express: $49

Feature Comparison Chart
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Platform:  PC

“FL Studio is a full-featured, open architecture, music  production environment capable of audio recording, composing, sequencing and mixing, for the creation of professional quality music. The FL Studio philosophy is creative freedom!”

Reaper

Full License: $225
Discounted License: $60

Download Trial

Platform: Mac/PC

“If you currently use another DAW, you might be reading this because you’re contemplating shelling out $150 for the next over-hyped version that doesn’t address any of the bugs you’ve been complaining about for five years while adding a bunch of features you couldn’t care less about. What does REAPER have to offer you? For starters, REAPER is coded by a small group of dedicated engineers, not multiple software units under the central command of product marketing. That means REAPER is lean, efficient, and stable. REAPER starts up and is ready to record in seconds, balances processing loads intelligently across multicore systems, and doesn’t fall over when you start to tax it. That means you spend more time recording and editing, instead of staring at the start-up splash screen.”

Garageband

Garageband comes with some versions of Mac OSX and iLife ‘09.

There is no downloadable trial.

Platform: Mac

“GarageBand turns your Mac into a full-featured recording studio. Build a beat with the included loops, then plug in a guitar, bass, or microphone. You can even play (or sing) into the mic on your Mac. GarageBand captures the audio and turns it into digital files you can manipulate using a host of recording and mixing tools. It also includes the expertise of a built-in recording engineer, so you always sound your best.”

Logic Studio Pro

Logic Studio Pro: $499
Logic Studio Express: $199

There is no downloadable trial.

Platform: Mac

“Under the hood, GarageBand, Logic Studio, and Logic Express share the same technologies. So when you open your GarageBand projects in Logic, you can start right where you left off. A lot of things will feel familiar, only now you can track a new part with a vintage keyboard or classic synth. Try out endless combinations of virtual amps, speaker cabinets, and pedals. Build up your songs with 20,000 Apple Loops and all six Jam Pack collections. Pull off sophisticated edits and mixes. And bring it all with you to the stage.”

Cubase

Cubase 5: $499
Cubase 5 Studio: $299
Cubase 5 Essentials: $149

Feature Comparison Chart
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Platform: PC/Mac

“Steinberg Cubase 5 combines the latest composition and mixing tools with a streamlined workflow to help you bring your creative visions to life.Fully integrated new tools like Loop Mash, Groove Agent ONE, VariAudio und Pitch Correct for working with beats and vocals combined with new enhancements such as VST Expression und REVerence (the first VST3 convolution reverb), a host of additional improvements, and support for Windows Vista 64-bit technologies help you to take your musical creativity to new heights.”

Nuendo

Nuendo 5: $1800

There is no downloadable trial.

Platform:  Mac/PC

“Nuendo 5 is the newest incarnation of Steinberg’s solution for demanding professionals working in audio, live and post production. Nuendo 5 allows for an ADR-like workflow (including EDL support), comes with excellent surround features, and also provides a unique automatable bus-destination routing system that lets you create different mix versions in one go. A completely new video engine guarantees stable video playback in SD and HD, and the ability to work with multi-mono files means industry openness. An array of additional enhancements and 64-bit technologies boost performance and enables Nuendo 5 to handle even the largest projects.”

Digital Performer

Digital Performer 7: $395 (this is listed as the upgrade price from a competitive product)

There is no downloadable trial.

Platform: Mac

“For beginners and experts alike, Digital Performer delivers advanced features in an intuitive, streamlined design. With support for built-in Mac audio and MIDI, you don’t even need additional audio hardware. Whether you’re completing a surround sound DVD, or you just want to write a song and burn a CD or MP3 file, Digital Performer gets you there quickly with elegance and ease.”

Sonar

Cakewalk SONAR Producer: $499
Cakewalk SONAR Studio: $199

There is no downloadable trial.

Platform: PC

“SONAR 8.5 Producer gives you what you need for recording, composing, editing, mixing, and mastering. Get innovations that matter, from exclusive features to ignite creativity and perfect your tracks, to groundbreaking technologies that always keep you in control, all backed by the industry’s leading 64-bit audio quality. And SONAR 8.5 Producer delivers the go-to production tools you want with the best collection of virtual instruments, mixing, and mastering effects found in any DAW. With version 8.5, SONAR continues to innovate on all fronts. New beat creating and arrangement tools, a new drum instrument loaded with stellar kits, enhanced audio quantizing, new multi-stage effect plug-ins, and more combine to make SONAR the most complete, professional, and best sounding DAW on any platform.”

Pro-Tools

Pro-Tools M-Powered: $299

Note: Digidesign does offer much higher packages, however they often are included in bundles that are priced very high.

There is no downloadable trial.

Platform: PC/Mac

“Pro Tools 8 is the most advanced audio creation and production software, featuring a gorgeous new interface, dozens of new virtual instruments and plug-ins, exciting new scoring and MIDI features, amazing new workflows, better ease of use, deeper controller integration, and much, much more. You’ll never work with music or sound the same way again.”

Studio One

Studio One Pro: $449
Studio One Artist: $249

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Platform: PC/Mac

“Artists of all levels, from beginner to seasoned professional, will find Studio One a serious alternative to the intimidating, bloated offerings currently considered the standards.  It’s a groundbreaking music creation and production application for Mac OS X and Windows XP/Vista/7 that makes audio recording, MIDI sequencing, and audio mastering ridiculously simple right out of the box. Studio One changes the rules of the game with fresh code, innovative drag-and-drop MIDI mapping and plug-in management, auto-configuration with PreSonus hardware, insanely good audio quality, unlimited tracks and plug-ins per track, and a powerful, inventive Start page.”

Sequel

Sequel: $99

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Platform: PC/Mac

“Sequel 2 is a new generation of Steinberg s music creation tool. Simplicity itself to use, Sequel combines recording, editing, mixing, instruments and effects in one affordable, easy-to-learn package. From the creators of Cubase world s most popular music production software – a brand new and easy-to-use music studio designed for first-time computer music enthusiasts. Sequel 2 combines lightning-fast recording, editing and mixing with on-board instruments and effects, plus powerful arranging and performance features. Sequel 2 runs on both PCs and Macs and comes with a massive library of more than 5000 loops, over 600 ready-to-play instrument sounds, stunning effects and the same state-of-the-art audio engine that is preferred by many world-class producers all around the globe. It’s never been more fun to create music on a computer!”

Sony Acid

Acid Pro 7: $299
Acid Music Studio: $64

Download Free Trial (Acid Music Studio)
Download Free Trial (Acid Pro 7)

Platform: PC

“The ACID family of music editing software includes ACID Music Studio and ACID Pro software. Whether you are new to music editing software or a seasoned professional, there is an ACID solution that is perfect for your needs.”

Albeton Live

Albeton Suite 8: $699
Albeton Live 8: $449
Albeton Live Intro: $99

Download Trial

Platform: PC/Mac

“Ableton Suite is a complete software studio. Suite 8 gives you all of the features in Live 8 plus SOUND, with a radically new Library packed with beautiful new sounds and a wealth of useful resources. Suite 8 contains 10 Ableton instruments including synths, a sampler, electric and acoustic drums, mallets, numerous sampled instruments and the new, reworked Operator. Two completely new instruments, Collision and Latin Percussion, round off the set. Ableton Suite 8 is a complete package: the tools AND the sounds.”

Related posts:

1. When It Pays To Have a Home Recording Rig
2. Do You Need a Direct Box for Home Recording?
3. The $999 Home Studio

Article originally published on KnowTheMusicBiz.com on July 20, 2010.

I am sitting at the edge of the Grand Canyon with a teaspoon trying to fill it in. That’s what marketing and self-promotion can feel like in the digital age or at least, that’s the way it feels to me.

I walked into a cavernous Barnes and Noble a few months ago. They opened another location by me on East 86th street in New York. I can’t begin to describe how big it is. I’ve lived in Manhattan my entire adult life so I do a double take when I see wasted space- but this? This place is ridiculous. It completely freaked me out. I felt a primal fear that I haven’t felt since Sylvia Rhone (former CEO of Elektra) used to scream at me- but that’s a whole other blog post. I’ve spent considerably more time than I originally thought I would writing and creating content for various websites and to realize that this one store contained a million or more books and these were just the books that were deemed the best by major publishers meaning the total volume of writing out there is… staggering.

What could I possibly have to offer that wasn’t already written somewhere?

It made me think about the quality of what I write as well as the quality of music being made today.  You really have to be exceptional to make it these days.  It reminded me of a conversation I had with my friend Mark Hermann recently about “just because you can – should you?”

We were talking about music and how there were no more barriers to entry and how on the one hand – what a wonderful freedom! On the other hand – how can we hear any one thing if we are in a stadium full of people screaming and demanding to be heard? Would we know if one of these voices was the next Beatles? Probably not. I love that image and wish I could claim it as my own but it belongs to Mark and I think he’s right on. One of the larger music management companies in New York has a sign on the door that reads “It’s about the music, stupid.” I think we are very quick to forget that these days.

I have been consulting and coaching artists informally for years but have only really begun Musician Coaching as a business in the last year which is when my site went live.  Sometimes I need to spend more time telling people to continue to develop their product and how best to do that because it can be worth the wait. The Beatles wrote a hundred songs before you ever heard note one of their first record and had played covers for several years. R.E.M played pizza joints in Athens Georgia in complete obscurity for a long time. Peter Frampton toured non-stop for three years before recording Frampton comes alive.

I can wake up tomorrow, write and record a song and have it up on MySpace tomorrow but should I? I’m not saying there is anything wrong with doing so but I do think if you are just starting out you should have realistic expectations of your abilities and the level at which you expect people to respond.

Why doesn’t anyone care anymore? It is simply because there is too much mediocrity out there. I say this often “There is no one in the audience because everyone is on the stage.” Cheap recording gear and low or no cost international distribution are now tools that are in everyone’s hands. The music business is no longer an exclusive club – if you’ve got an Internet connection and a mic in jack you can now be considered a member.

“It’s about the music, stupid.” It’s a great reminder. All I am suggesting is write 100 songs and put the best one of those 100 out for people to hear. I am suggesting that if you have to cut your teeth playing live and are struggling making it solo- try to do it as a sideman or a hired gun. 99% of the “overnight success” stories you hear involve someone working their ass off behind the scenes for a long long time before they broke. If you want a good read- check out the Hendrix book “Room Full of mirrors” – Jimmy played 2nd fiddle to a ton of people before going out on his own.

In America there seems to be this feeling that everyone gets their 15 minutes or worse yet- everyone deserves their 15 minutes. We have been sold this vision that at any moment fame and wealth may strike without working for it. There is something tattooed on the back of our brains that somewhere out there Ed McMahon is looking for each and every one of us with an over-sized check and that the rest of our lives will be taken care of from that moment on… I’m all for the Lotto slogan “Hey, you never know” but I’m sure as hell not building my business plan around it.

What is my point? My point is, and I don’t exclude myself, we have to spend less time on marketing and more time making sure we have products that are worth marketing. There is more music out there than ever before- everyone you know is a “musician” or at least a hobbyist and consumers are very jaded. Before shotgunning your product out there and whipping your fans into a frenzy about your new release you had better make damn sure that you have a product that is not only competitive but stronger than most of the stuff you see and hear or it’s over before it starts.

Rick Goetz is a Musician Coach and Music Consultant by way of a fifteen year career as a Major label A&R executive at Atlantic and Elektra Records a musician and a music supervisor. Throughout his career he has played bass for members of the Cult and Sharon Jones & the Dap Kings and on the industry side has worked with artists like Kid Rock, Matchbox 20, Sugar Ray and Damage Plan. His current client list ranges from musicians just starting out to Grammy Award winners to corporations in need of music rights. You can check out Rick at www.MusicianCoaching.com or twitter.com/musiccoaching.

Related posts:

1. Three Ways to Make Money While Making Music
2. Online Music Marketing: 38 Metrics and 7 Tools To Measure ROI
3. 10 Marketing Basics for Musicians

The following article was originally posted on Music Consultant Rick Goetz’s website – MusicianCoaching.com.

“How do I find a music manager? How do I find a booking agent? I just need to find someone to get my music to the next level.” I’ve heard these questions and statements before, and fifteen or so years ago I sounded exactly like this. As it turns out, I wound up on the industry side of the fence and traded in the crowded, smelly van for a record company desk job – but I do have some answers for you.

Let’s start at the very beginning – do you have anything to manage?

I know – sounds like a stupid question, but is it? I’m not asking you if you have lots of work that you could use help with, nor am I making light of the pure volume of work involved in the creation of both recorded and live music. What I am asking is, “Do you have something ready to bring to market that needs managing or are you still building your product?”

There is no shame (I repeat) NO SHAME in being in the developmental phases of your career. We live in an instant gratification kind of world, which is why I know statistically that a majority of people won’t have made it this far into this article because they’re looking for a “get famous now” button. But my sincere advice is to take your time and develop your product – this will help you rise above the MILLIONS of people who went out to Guitar Center last week, purchased an instrument and recording gear, and had the first song they ever wrote up on MySpace the next day hoping for some kind of miracle that won’t ever come.

But back to management… let’s talk about what you should have together before even considering approaching someone to invest in your career. Notice I said “invest,” because whether or not they spend a dime on you, management is an enormous expenditure of someone’s time and efforts.

Before approaching anyone to manage you, have most of these together:
- No apology recordings of your music.
- Professional looking photos of you or your group.
- A basic, easily findable website (custom URL) you can update yourself.
- A mailing list and a place where people can sign up on said list.
- A social network presence (Twitter, Facebook, MySpace, YouTube).
- Live performance footage (preferably in front of a crowd).
- A well-written bio highlighting your accomplishments.

These are the building blocks and marketing materials you will use over and over and over again. There are no words, no email sales pitch, and probably not even naked photos of a music executive in compromising positions that will get you taken more seriously than having the items above in place. Some of these items can get pricey, so do your homework and shop around if you feel that any of these items are best done by work for hire. Having these materials will get your more gigs, will get you taken more seriously by your peers and potential fans, and ultimately (if you have a product people want) will help you build a business in music.

“Okay – wait – isn’t this super basic? Does he think we are Idiots?”

No, absolutely not. But I can tell you that statistically aspiring musicians are looking at the wrong things to get ahead. Check out what people search for online for music related terms according to a Google AdWords query in June 2010:

Term: Global Monthly Searches: “Get My Music Heard Online” < 10 “Get more people to my shows” < 10 “Make a Living In Music” 46 “Marketing My Music” 110 “Get a Music Manager” 590 “How to Get A Record Deal” 18,100

Draw your own conclusions but I think too many people are looking for a shortcut to fame that, barring an act of God or Justin Bieber, just doesn’t exist.

Ready for more? Continue to Part 2 now…

Rick Goetz is a music consultant and musician coach by way of a fifteen year career at major record labels and various online and television projects. For more articles like this you can visit his site, musiciancoaching.com.

Related posts:

1. Three Ways to Make Money While Making Music
2. More Music, Less Marketing
3. Follow Up or Fall Behind

Article by Cameron Mizell, a freelance guitarist, producer, and consultant in Brooklyn, NY. He co-founded and writes regularly for MusicianWages.com and has just released Tributary, a new album with his trio. This article was originally posted on 7/12/10.

At some point, every musician finds themselves studying, or perhaps copying, another’s music. This isn’t too different from apprentices studying with the Masters during the Renaissance. Except today, we usually don’t get to be in the same room as the person we’re studying.

It’s often said that imitation is the greatest means of flattery, but for those in the creative business, imitating too well can also be interpreted as plagiarism. Another expression I’ve heard several times is that stealing from one person is plagiarism, stealing from many is influence.

I really like this last expression because it says it’s OK to be studying, copying, and imitating musicians that I admire, and actually encourages me to copy all the musicians I admire. Like any other musician, I’ve been trying to develop my own voice as a guitarist. Tone, feel, phrasing, etc. What makes me sound like me, and nobody else? How does one develop their voice?

Perhaps one answer is to imitate many and imitate often.

Of course, I’ve always had a fear that people were going to recognize that I was ripping off some of my favorite guitarists. I tried to avoid that problem by not listening to them very much, and instead try to learn the styles of other instrumentalists. This is a great exercise, and it definitely broadens my vocabulary as a jazz musician and challenges me as a guitarist. But recently I realized that the avoidance was waste of energy. The guitarists I admire all have their own voice. Even if I try to imitate them, it’s going to come out differently.

Now I approach my playing, composing, and arranging music differently. Instead of creating more problems for myself by trying not to sound like any of these guys, I use them as guides to get through the problems I do face. When I hear recordings of myself, play back an arrangement I just completed, read down a new song I just wrote, or even when I am on stage and not really happy with how I’m playing, I ask myself:

“What would these guys do?”

Grant Green is often called the original groove master. In the later part of his career, he started veering away from the bebop, jazz, and Latin styles he’d been known for and began playing tunes by James Brown, The Meters, and other funk or R&B bands. His ability to dig into one note and just sit in the pocket is amazing, and he plays repetitive phrases to great effect, never sounding forced.

I started listening to Grant Green in high school, after I sat in for a few tunes with a jazz group playing at B.B.’s Jazz, Blues & Soup in St. Louis, MO. As I was leaving the club at the end of the night, a table of guys that had been hanging out all night stopped me to tell me they liked my playing, and it reminded them of Grant Green. I figured that was good, but didn’t know his playing, so I bought a couple albums. I soon realized they were being way too generous with their assessment of my playing. Or they were more likely just drunk.

Grant Green’s music taught me that phrasing and timing is everything. Telling a story through a solo is all about letting each phrase sink in before you play the next, and if you put the notes in the pocket of the groove, people will pay attention.

Bill Frisell is a jazz guitarist with an immediately recognizable sound. He really plays a unique blend of American music I’ve often heard referred to as ‘Neo-Americana’ by applying elements of jazz to country, folk, and what would otherwise just be called Americana music. That sounds a lot more complicated than it is. In fact, the beauty of his music, and the reason I love it so much, is that he makes it sound so simple. He never overplays. His music is always as sincere as it is quirky. He uses space extremely well, and is extremely lyrical and inventive over very basic chord progressions.

I first heard Bill Frisell when I was a freshman in college. The first album I got was Good Dog, Happy Man and I even went to Austin, TX to see him play with that band. That moment changed my definition of jazz. It’s taken almost 10 years for me to finally allow myself to use his playing as a model of my own music. No excuses, I was just scared to sound too much like another guitarist.

Bill Frisell’s music taught me that less is more. I also realized that it’s ok to have a sense of humor in your music and still be sincere. Every tune is supposed to have a personality.

Leo Nocentelli was the guitarist for The Meters, a seminal New Orleans funk band in the late ’60s and early ’70s. The band itself is easily makes my top three favorites all time, and by nature of just listening to their music constantly, Nocentelli’s guitar playing was drilled into my head. The Meters played a very loose, syncopated style of funk, with Zigaboo Modeliste on drums, George Porter, Jr. on bass, Art Neville on organ and vocals, and Nocentelli on guitar. Each instrument had a distinct role, and nobody stepped on each others’ toes. The guitar held many roles in that group, from playing melodies to funky comping to percussive effects that deepened the groove.

From listening to The Meters, and Leo Nocentelli specifically, I learned how to interact with a rhythm section. Leaving space is important in a solo, not just to break apart separate ideas, but to allow the drums or other instrument time to react. When I studied arranging, I learned how to write resolutions across different voices. When I studied The Meters, I learned how to finish phrases across voices.

John Scofield has always been one of my favorite guitarists. Not just guitarist, but musician. He does everything right, which has made him one of the more influential modern jazz guitarists, along with Pat Metheny, Frisell, Kurt Rosenwinkel, and a few others.

My first Scofield album was A Go Go, which also featured the group Medeski, Martin, & Wood. That album is a very laid back, funky set of tunes that will probably go down as a modern classic jazz recording. It’s been more than ten years since it’s release, give it another ten and I think everyone will agree with that statement. His discography spans the entire spectrum of the jazz genre, and in every situation his guitar playing is uniquely Sco. He can play bebop without playing any actual bebop licks, and he can play groove oriented jazz without ever sounding smooth.

Virtually every lesson I’ve learned about making music is exemplified in Sco’s work, so whenever I’m writing a new tune, I often ask myself, “What would Sco do here?” This is perhaps most relevant right now, considering the music I’m writing and performing with my trio. I want to incorporate funk, R&B, soul, hip hop, and blues into what is essentially jazz music. A lot of people do this, but too often end up sounding too polished and smooth.

Sco is neither of these–he maintains a certain organic quality to his playing. I think he pulls this off with his unique tone, phrasing, and vocabulary. Transcribing a John Scofield solo is less about what notes he plays and more about how he actually plays those notes.

I don’t necessarily gauge my success with money, or album sales, or the number of people that come to my shows. I’ll feel successful if someday my work is referred to as part of the canon of great music. I’ll feel successful if somebody realizes that not only is my work built upon the shoulders of giants, but that my work can be used as a guide to help a young artist shape his or her voice as a musician.

Article by Cameron Mizell, a freelance guitarist, producer, and consultant in Brooklyn, NY. He co-founded and writes regularly for MusicianWages.com and has just released Tributary, a new album with his trio.

Related posts:

1. Creating a Budget for Your New Album
2. The Self-Released Album – A Four Part Series

Three tips to help get your project done on time and on budget:

Anyone can make a CD or DVD, but a seasoned project manager understands the planning and steps involved to ensure their discs get completed and delivered on time, on budget, and in the right packaging for the job. While each project is custom and unique, there are some universal guidelines you can follow to ensure that your project flows through the manufacturing process smoothly and efficiently.

1. Define what the goals are for your project
The first thing you should ask yourself when planning a CD/DVD project is “What am I planning to do with the finished piece?” Is it a training manual to be handed out to new employees? An exercise video you plan to sell in a retail location? A handout for a trade show? Answering these questions is critical, and will help define which aspects of the project are the priorities.

If the pieces are for trade show handouts or as part of a mailing campaign, you may want to choose a package that’s straightforward and practical, such as discs in jackets, which require less design and production time than most other packages while still providing a full front and back panel of available design space for images, logos, and explanatory copy.

If you plan to sell your product in physical or online shops, your discs will require a UPC bar code and retail-ready packaging such as DVD cases, jewel cases, or DVDigipaks. Retail packaging will also require more focus on the look and feel of the piece, and you may need to allocate more of your time and resources to the design process. Bear in mind – the more detailed and intensive the packaging, the more complex the design. That, coupled with the fact that more people may be involved with the proofing and approval processes, means there could be multiple rounds of design proofs. That means you will need to plan for extra time to complete this part of the process.

Maybe you are printing a training manual or a marketing presentation to be distributed throughout your organization. This may require specialty packaging, and include a supplementary printed piece. Perhaps a presentation folder would suit your needs in this case, as it can accommodate a disc and additional handouts/printouts attractively and effectively.

Is your goal to mail your finished product directly to potential prospects and customers? If so, choosing a package that complies with the strict regulations imposed by the post office, such as self-mailer eco-wallets, will save you both time (the piece is compatible with the post office’s automated system) and money (no extra postage or processing fees).

There are plenty of variations with these packages – including booklets, board sleeves, and spine labels – so a call to a product specialist in the earliest stages of the production process can help you determine the optimal package for your needs.

2. Set your budget
Once you’ve determined the objective and due date of your project, it’s time to figure out just how you’ll be allocating your budget. Get a quote early – before you start the design and pre-production processes. Getting a quote on manufacturing will help you determine how much of your budget will need to go to physical production of your discs and how to manage your additional resources accordingly.

Unless you are a designer, or have design services at your disposal, you will most likely be commissioning someone to do your graphic design. Choosing a professional with experience designing and prepping files for print (such as Disc Makers Design Studio) will not only produce a stellar finished product, it will help save time and money as your project moves to the production stages.

Your project may require additional production services – that take up both financial resources and time – including DVD authoring (which can include menu design and post-production services such as color correction and sound editing) and Direct Mail. Determining if you’ll need to outsource these processes will help you budget the time and money required for these services.

3. Plot out your timeline, including milestones for getting content and art
Once you’ve determined your packaging, established your budget, and set a due date for your project, the next step is to work backward from your due date to create a timeline, assigning duties to those folks who will be taking part in making your project a success.

You’re going to need content (video and/or audio) and art for your disc project. Once you’ve developed a timeline with milestones, make sure you have a project team in place to generate this content. Work with your team to ensure you get everything you need with plenty of cushion time planned in for unforeseen delays and necessary edits. You should also be sure as to the format you’ll need to provide the replicator, so ensure your production team knows precisely what they need to provide you with.

Good design takes time, and you’ll need to articulate your “vision” to the designer. Some elements of the design can take place as the filming or production is taking place. Other elements of the design may require screen shots or images from the finished piece, and therefore will require additional time to complete after the production is wrapped up – so plan accordingly. And remember, design is very subjective, and often takes a few rounds of proofs in order to achieve what you envision, so you’ll want to account for this when putting together your timeline.

If you’re planning on incorporating additional printed pieces such as a booklet or folder, you will need to allow additional time for the content creation and printing.

You may need to schedule a video shoot or recording session, which will require the cooperation and coordination of various people, locations, and equipment. Consider what needs to take place in order to have your content completed and ready to be mass-produced and distributed.

As always, padding your timeline with additional days is important. Expect the unexpected – cameras break, employees call in sick – things can and will happen, but if you prepare for them accordingly, you are one step ahead in the game.

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The use of samples is a staple of many genres of music. With the advent of sampling technology in the 1980s, musicians, producers and recording engineers began to experiment with incorporating clips of historical and/or significant audio recordings as an element in new records.

Prior to a landmark case in 1991, which codified sampling practice and the consequences for using samples without proper permissions, the record industry turned a blind eye toward the increasingly popular practice. However, once legal precedent was clearly set, record companies began to insist that producers and artists deliver signed licenses for any samples used in a new recording prior to the label pressing the CDs.

What is the process for getting permission to sample someone else’s music? We’ll start off explaining the steps, which on the surface seem fairly straightforward. Then we’ll talk about the practicalities of actually getting samples “cleared,” the term used to describe this often-misunderstood part of the music business.

The Road to Sampling Safely
Let’s start off with a hypothetical case using an actual song that we might want to sample for a new recording. Before we go further, it’s important to understand that if you want to use a sample of an existing recording, you actually need two distinct clearances due to copyright law. The first is the copyright embodied in the underlying musical composition – called the song copyright. The second relates to the copyright embodied in the sound recording itself – which is referred to in music licensing parlance as a “master license.” The publisher that represents the songwriter normally controls song copyrights. The record label that originally financed the recording and release of the commercial recording you wish to sample normally controls master rights.

I picked the song “Watermelon Man” by Herbie Hancock, released on his 1962 debut album as a leader on Blue Note Records – catalog number 465062. Aside from the fact that the song is an instantly recognizable classic, it is also a song with the added benefit of having a single publisher. (The more recent the song, the more likely there may be two or more publishers with joint copyright ownership, which can make clearing your song more time-consuming.)

The following grid shows the research information needed before I can begin requesting sample clearances.

Locating publishers and their contact information is relatively easy, as both ASCAP and BMI have excellent search indexes. If you are having difficulty determining publisher information, be sure to first double check that you are spelling the name of the song and/or artist who recorded the song, or the songwriter correctly. If you still come up with a blank, your next stop should be the SESAC website or Limelight by Rightsflow. Assuming you have located the publisher and their contact information, it’s time to move on to the record label.

Surprisingly, the bigger the record label, the harder it sometimes is to find their contact information. They aren’t in the business of communicating with consumers, so you’ll need to use an online directory or a printed directory such as the Billboard International Buyer’s Guide or the Musician’s Atlas, both of which may often be found at larger public libraries and online.

As a general rule, the larger the record company, the more critical it is to get your request to the right department, as most major labels have ten or more departments and employ a wide array of people. Your goal is to get your master sample request into the hands of the label’s Licensing Department, or the Business and Legal Affairs team, who will likely route it to a Licensing specialist. If the label is an indie, the same person who answers the phone may be the licensing coordinator. Many indie labels also proudly list their contact information on their web site, because they want to speak with their customers (and many are happy to negotiate a sample license.)

Requesting Permission
Did I mention that in addition to sending in your sample request forms, you’ll also need to send in a CD-R or an MP3 of your finished song (or a rough mix) so the copyright owners can hear exactly how you will use the sample?

As a result, if you can find the email contact information for the person in the licensing department you will be working with, and the copyright owner allows electronic sample request submissions, do so. This will save the time of writing letters and mailing CDs to them.

Here’s a link to a copy of a sample clearance form that you can use as a model. It includes all the pertinent information that a music publisher or record label will need (excluding your song with the sample included) to reach a decision. This one is based on the form used by a major publisher and as you will see, they want you to mail in a CD that includes:
1. The originally sampled song
2. Your new song with the sample included
3. A lyric sheet for your new song.

Regardless of First Amendment free speech rights, some artists don’t want their music sampled if, in their opinion, the new song might include strong language or other objectionable references.

Sample Request Form

Once you’ve sent in your sample clearance requests, it’s basically a waiting game until you hear back. If you haven’t already done so, you might use the time to come up with a few backup samples that might serve the same purpose in your new song. Having some alternates will save heartache later on, if your requests are declined.

What Will It Cost?
Here’s where things get a bit more complicated. In the case of the master clearance, according to veteran music attorney Donald S. Passman’s indispensible reference book, All You Need to Know about the Music Business, the fees master owners charge for samples is “around three to eight cents [per copy], sometimes more … they’ll also want an advance.” A sample advance is a prepayment of royalties before you have sold any copies of your new recording. Passman goes on to say that publishers will almost always “Insist on owning a piece of the copyright, songwriting royalties, and publishing income.” How big a share they’ll ask for depends on how significant the sample is to your new recording. If it’s a small component [in their view], the range might be 10-30%. However, Passman goes on to say that, “If you’ve lifted an entire melody line, or their track is the bed of your song, they might take 50% or more.”

So although you may be able to secure a master license for a few pennies on each recording sold, the song’s publisher more often than not will ask for a percentage of ownership in your new song. As many a music attorney has advised his clients seeking sample clearances, “When you use samples, you give up a piece of ownership and income of your new songs.”

Some publishers may accept a one-time fee for very minor sample uses, but there is no hard and fast rule. So get ready to use your negotiation skills to try to land the best rate possible for your sample clearances.

Save Time and Money with Replays
Increasingly artists have started to secure only the song sample copyright clearance, and not the master rights. Why? Because with the increased sophistication of affordable recording technology, musicians can create a replay, which is the sound of the original recording, which copyright law allows. Since you won’t be using the original sound recording, you’ll only a single clearance to proceed, from the song’s publisher, assuming you can recreate a convincing sound-alike in your own studio. This can definitely save time and money.

S-O-S for Sample Clearance Help!
If the maze of research, sample requests and licensing jargon seems a bit much to work your way through, especially if you are busy focusing on creating your music, you can hire a sample clearance house to assist you with researching ownership and negotiating the necessary permissions. You’ll still have to pay for the various clearances, but the advantage is that a music licensing professional already has contacts at most publishers and record labels and may also be able to help you negotiate the most favorable rates possible. A list of sample clearance houses may be found in the story links following this article.

Remember, there are some artists who strictly prohibit any sample use of their music, such as The Beatles. As a last resort, if an artist you want to sample can be reached online or by their MySpace of Facebook page, send them an informal request and see if they will help you get in touch with the handlers who can make it happen. On some occasions, the artist’s involvement might be just the recipe to get things done quickly, especially if they think your sample use is creative or novel.

Alternatives to Sampling
While there’s really no substitute for a substantial historical sample, there are musicians who are creating beats, sounds, samples, and musical elements that are available for low cost or even free of charge, especially for non-commercial projects.

Check out the communities at online collaboration sites like Indaba or MixMatchMusic to find possible sources for original samples that might fit the bill for what you are looking for. You should also check out the many music clips available through Copyright Commons, an informal collective of musicians, authors, poets and visual artists who offer various usage options for their works as an alternative to the “sample and pay” model.

Best of luck with your sampling and remember that you wouldn’t want someone profiting by using unauthorized samples of your original music, so play fair and practice safe sampling.

Disclaimer: This article is for information purposes only and does not purport to provide any type of legal advice. If you are unclear or have questions about any aspect of sampling or other music copyright issues, it is strongly recommended that you consult with an experienced attorney — or a music licensing professional, such as those referenced below.

Keith Hatschek is a regular contributor to Echoes and the author of two books on the music industry, Golden Moments: Recordings Secrets of the Pros and How to Get a Job in the Music Industry. He directs the Music Management program at University of the Pacific and plays guitar in his free time.

Story Links

Copyright 101: a handy online tutorial that will walk you through the basics of what a copyright is and how it works (courtesy of the Library at Brigham Young University)

Copyright Criminals: a 50-minute documentary that looks at the practice of sampling, how it is policed and whether or not the originators of some of the most sampled music actually receive any compensation from sample fees.

All You Need to Know About the Music Business by Donald S. Passman (highly recommended!)

Creative Commons: New Ways of Doing Music Business – a fascinating 36-page study of artists who are using the principles of Creative Commons licenses to forge new ways of making, collaborating and sharing music.

A summary of the landmark 1991 case between Biz Markie’s label and Gilbert O’Sullivan’s publishing company, including audio samples of the original track and the sampled version (Courtesy of UCLA Copyright infringement project)

Sample Clearance Companies

The Rights Workshop

Diamond Time Ltd. (press the buzzer on the right side of the screen to “enter” the offices)

Creative Clearance

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Cameron Mizell, freelance guitarist, producer, and consultant in Brooklyn, has written yet another excellent article for independent musicians. This article comprehensively details the time and costs involved in creating a new album. Mizell put together “a realistic cost scenario for every stage of creating a new album,” which could serve as an indispensable guide for those about to embark on the process.

Do It Yourself or Hire Some Help?

Before you start, you need to know what you’re trying to accomplish. Do you want to make a stripped down acoustic album? Or maybe were you hearing a gospel choir singing back up when you wrote that one song. One you might be able to do on your own, the other is going to involve at least a gospel choir for help.

It is so easy to make your own album these days that you might feel like you can do it on your own. Let’s face it, your budget will be much smaller if you do it all yourself. This a valid approach if you can truly assess your capabilities. Learning to work within your limitations forces you to flex your creative muscles and face your own strengths and weaknesses. But just as you specialize in writing and playing music, there are people out there that specialize in the rest, and getting the right people on board can help your vision become a reality.

Continue reading on MusicianWages.com.

Related posts:

1. The Self-Released Album – A Four Part Series
2. Planning Your Album
3. The Making of an Album (and why it’s so hard to give away your music)