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Here we have gathered musical
tools for the budding musician that will help them present their craft to industry
professionals.
10 Things a Musician Must Do to
Get a Record Deal 1. Make Music That Doesn't SUCK! We live in a time when everybody and their sister can and does make their own music. That doesn’t mean however that your music has what it takes for record labels to invest their money and time developing, promoting, and marketing that music. A&R Reps are always saying, when asked what they are looking for, "We don’t know what we are looking for, but we’ll recognize it when we hear it." What we can read into their comment is that your music must truly stand out in some significant, original, dynamic, and creative way. 95% of the demo tapes out there contain, regurgitated ideas that were ripped off from some other more gifted musicians. Challenge yourself! Talent scouts in this business hear hundreds of "wanna-bees" every week. What is it about your music that makes it stand out from all the rest of what the public has been complaining about as "indistinguishable groups who all sound alike" 2. Play Live Often and Don’t Worry About Getting Paid For Every Gig. You can always tell the difference between a musician who is in it for the money, and a musician who is in it for the music. The dedicated musician can’t not play music every chance they get. Money-focused musicians whine about the fact that they can’t get club gigs that pay anything. If you really think that you can make your living solely as a musician in the first three to four years of your career, you are headed for a breakdown and disappointment. Think about it...almost every legendary, gifted musician who has made a mark on our culture has been a musician who struggled long and hard at their craft, and...never gave up. Eat determination for breakfast! Go out there and play on the streets if you have to, play at schools, fairs, festivals, do benefits to help other people and organizations. Offer your services to non- profits, charities, church groups, and any other companies or organizations you can think of. Hang out at clubs, look for jamming possibilities, or start your own jam sessions. Look around your city or town, and you will see many places and venues where musicians can play. As you establish yourself and more and more people show up at your shows, the paid gigs will increase. Remember... play live, and then after you play live, play live again, that’s what musicians are supposed to do. 3. Be a master musician on your instrument. One of the curious developments of the late 70’s was the huge increase in garage bands, punk bands, and "do-it yourselfers", who just picked up an instrument, or started to sing with some friends, and 6 months later recorded a record and began to play live. Some great music, and new directions in music, came out of that situation. But now, 20 odd years later, the novelty of hearing amateurish thrashings has gotten a bit dull. Prior to late 70’s, more often than not, the music that is our heritage was made by musicians who, from the time they took up their instrument, worshipped at the feet of some master bluesman, jazz player, folk legend, songwriter, or whatever. The habit of these inspired musicians was an appetite for perfection. A need to be not just "good enough". but GREAT. Why settle for less. Whatever developing stage you are at, go beyond it, re-commit yourself to your instrument or voice. Take lessons, or better yet, sit yourself down at your CD player and choose a favorite guitar player’s record, and listen closely to what they are playing. then re-play it, and re-play it again. Challenge yourself to go beyond your limitations. Who knows, maybe you will fall into some new territory, wherein you will find yourself, your "sound", and increase your chance to stand out from all the mediocrity that is your competition. Believe it or not, record labels love to hear innovative, accessible new sounds. Actually in their heart of hearts, that is what they are really hoping to hear on every new demo tape, and from every new act they go see at a live venue. You see...in the business of music, when we hear something new, original, and accessible to people, we can then invest in you with more security, believing that if we put our "label brand" on you, with our talents of promotion and marketing coming to the front, then we "have something," and your music becomes our music, and we work together to broaden you audience appeal. It’s kinda like a partnership ...something about "Art and Commerce"...they can work together you know?! 4. Protect Your Investment...Copyright your songs. I never cease to be amazed how few artists are willing to spend $25 to copyright their songs. By the way, these folks are often the same folks who complain about not getting paid to perform their unknown music. All I know is that when an inventor comes up with some new product that they think will appeal to a certain type of customer, the first thing they do is file for a patent on their invention. The same reaction to protecting songs should be there for any serious songwriter. If you really intend to work hard and develop your career as a musician who writes your own songs, don’t wait too long to take care of this simple, but essential task. If you really believe in your unique and original music then take the time to learn the basics of copyright protection. From the Internet to the library, there a number of easy ways to learn what it takes to file for copyright protection. Do it now! 5. Design simple, but effective promo materials. The topic of designing and writing effective promotional
materials; bios, fact sheets, cover letters, quote sheets etc. is a lengthy one to say the
least. As far as some tips that can help musicians promote their careers, and contribute
to their getting any deal offers, is to make the promo materials as compelling, and
informative as possible. This can best be achieved by taking the time to inventory any
accomplishments, positive reviews, training and awards, past sales, and live appearance
highlights, and organize them into professional written bios etc. Having done that, time
also needs to be taken to research who to send the materials to, and to ask each potential
recipient what type of information they would like to have sent to them. No
"generic" kits should ever be sent out to any gatekeepers in the music business. 6. Know The Labels and Publishers You Hope To Be Signed To. If you were applying for a job with a certain company of corporation, wouldn't you take some time to ask questions about their stability as a business, their reputation in the industry, and the executives background and experience? The same is true when shopping for a record deal. Some musicians get so excited when a certain label approaches them with a recording contract, or a publishing company offers to sign them. Being approached for a deal is a compliment and a recognition by a label or publisher that a musician's music is attractive to them. But, to rush ahead without taking the time to learn a few things about them is foolish indeed. How have they done with your particular genre of music? What specific "points" are they offering you? Who runs the label or publishing company? What is their reputation in the music business? How do you like them as people? These and other questions can be crucial in making an unemotional decision about an arrangement that could make or break your career. 7. Have Your Own "Entertainment Law Attorney" To Represent You. The business of getting signed to any deal in the music business has always had, has now, and will always have, the involvement of entertainment law attorneys. No jokes will be inserted here, because any relationship between a musician, a record label, a publisher, a merchandiser etc. will come down to two attorneys hashing out the contract for the musician and the respective companies. It should be pointed out here that when all is said in done with the "courting" process, the musician is never present during the actual negotiations. The musicians attorney and the music company’s attorney meet, talk over the phone, and fax their offers and counter-offers amongst themselves. This fact serves to remind you that choosing a reputable, ethical, well respected attorney with lots of deal making experience within the music industry is an absolute necessity for any serious musician who wishes to fight the good fight in the legal arena. 8. Choose A Well Connected and Respected Personal Manager. Self-management is always a valid option in the developing stages of establishing your career as a musician. Much can be learned by taking on the jobs of securing gigs, getting some publicity, planning tours, dealing with personal issues that arise within the band, and schmoozing with A&R Reps and various other label and publishing personnel. However, there comes a time, usually when the daily tasks of doing the business of being a band takes up too much time, and it is at this time that the services of a good manager can be very useful. I have always felt that if any musician or band has worked hard to establish their career, and achieved a modicum of success, they will have a better chance to "attract" the services of a professional, well connected and respected manager. Managers who do this job for a living can only take on clients that generate income. Making money as a personal manager is no easy task, and many upcoming artists forget that if any moneys are to be generated from their music, it can takes years for the flow of that income to be reliably there. So, as a band develops self-management, or gets help from intern/student manager-wannabes, can help pave the road for professional management. Over the years I have heard several horror stories about "managers" that approach upcoming acts and say that for X amount of dollars, they can do such and such for the artist. No... this is not the way legit personal managers work. Well connected and respected personal managers get paid a negotiated fee for their services (get it in writing) for any and all business transactions they are responsible for (15%-25%) over a particular contract period. No musicians should ever pay a fee to a so-called "manager" who will not do any work UNLESS they are paid up front. Flim Flam men and women still abound in this business... be forewarned. One of the most important jobs of a manager is to secure recording and publishing contracts for their clients, this is why it is so essential to choose well connected and well respected managers. The music business is a "relationship" business. Who know who, and who can get to know who, and who did what successfully for who is what this management game is all about. Choose carefully those people who will be representing you in any business dealings. 9. Don’t Take Advice From Anyone Unless You Know That They Know What They Are Talking About. At the beginning of this article I stated that there are a million ways to do something, and that these 10 tips were just my comments from years of dealing with the business itself and musicians. Everybody has their own list of Do’s and Don’ts and the only real value they have is that they present you with "opinions" about what to do to get established as a musician. To be quite candid, the best rules in the music business comes from the experience of building your own career; learning from your own interactions with the gatekeepers at labels, the media, management, and booking companies as to what is right or wrong for you. For every Do or Don’t there is an exception to a so-called "rule". As I reflect on the advice I sought out and listened to over the years, the most valid tips came from people who walked the walk, and talked the talk. If you feel that the source you have contacted knows what they are talking about, and has had first hand experience doing what you want to learn about, that is the only feedback that might stand up over time. Choose carefully. 10. Musician...Educate Thyself! If you want a record deal, learn what a record deal is, and learn something about the business of music. The ignorant, ill-informed musician is a menace to themselves. Enough already! Over the decades there have been countless stories of musicians who were ripped off by their record labels and music publishing companies. Why? Exploitation was the name of the game for a long time. Keeping musicians in the dark was standard business practice. However, the past has passed, and in the 1990’s any musician who signs a record contract, and learns later what he or she signed, has only themselves to blame. Even 20 years ago, it wasn’t that easy to gain access to the inner workings of the music business. Not so today. There are dozens of outstanding books available on every conceivable topic related to the business of music. They can be found in bookstores, libraries, and through the Internet. In addition, there are many schools that now offer 2- 4 year programs on the business of music. Seminars, and workshops are available on a year round basis in most major American cities. Consultants, Attorneys, and Business Organizations are all around and so it is only myth, superstition, stubbornness, and immaturity that stand in the way of any musician making a commitment to educating themselves about the business that exists to exploit their music. I cannot stress how important I feel this issue is. I am here to tell musicians, one and all, that you have been told many things about music that you did believe. "Spend money on quality instruments and equipment"... you have done that. "Spend time and money on practicing and rehearsing", you have done that, for the most part (see comments above). "Spend time and money finding the best recording studio, producer and engineer you can"...you have done that. "Spend time and money learning all you can about the business of music"...well, no one told you to do that did they?! It has been said about education that we don’t know anything until someone tells us. If that is true, the fault in "not telling" musicians that they MUST spend some time and money on educating themselves on music business issues is the fault of the businessmen and women who kept their clients uninformed. ( Ignorance IS bliss as far as the old guard of music executives are concerned). But, KNOWLEDGE IS BLISS should be the byword for the musician of the new millennium. Please...spend some time and money educating yourselves about the music business, a few hours now, can protect your future forever! Commercial note: I have dedicated the second half of my career to
just this task, helping musicians help themselves with the business of music. I offer
consultations, workshops, and full length courses on all aspects of the business of music.
Copyright Law: Frequently Asked Questions A copyright is the set of exclusive legal rights authors have over their works for a limited period of time. In the United States, these rights are principally defined by the federal Copyright Statute. These rights include copying the works (including parts of the works), making derivative works, distributing the works, and performing the works (this means showing a movie or playing an audio recording, as well as performing a dramatic work). Currently, the author's rights begin when a work is created. Copyrighted works are not limited to those that bear a copyright notice. As a result of changes in copyright law, works published since March 1, 1989 need not bear a copyright notice to be protected under the federal statute. In general, works governed by the copyright law include not only more traditional works of authorship, such as books, photographs, video and sculpture, but also works such as software and databases. Copyrighted works are protected regardless of the medium in which they are created or reproduced; thus, copyright extends to digital works and works transformed into a digital format. The Constitution of the United States says that its purpose is to promote science and the useful arts. The government believed that those who create an original expression in any medium need protection for their work so they can receive appropriate compensation for their efforts. A work in the public domain can be copied freely by anyone. Such works include those of the U.S. Government and works for which the copyright has expired. Generally, for works created after 1978, the copyright lasts for fifty years beyond the life of the author. Works created before, but not published before, 1978 have special rules. For works created and first published between 1950 and 1978 the copyright lasts 75 years. For works created and first published before 1950, it lasts for 28 years but could have been renewed for another 28 years. When planning a project, start by identifying works in the public domain that can be reused in the new work. Request permissions for materials not in the public domain early in the project. It is easier to redesign a project in the beginning stages if you discover that permission to copy cannot be obtained for certain images or sounds. Fair use provisions of the copyright law allow for limited copying or distribution of published works without the author's permission in some cases. Examples of fair use of copyrighted materials include quotation of excerpts in a review or critique, or copying of a small part of a work by a teacher or student to illustrate a lesson. New issues about fair use have arisen with the increased use of the Internet. At the time of publication, a bill is pending in Congress concerning whether fair use provisions will be extended to appropriate users/uses of copyrighted Internet materials. There are no explicit, predefined, legal specifications of how much and when one can copy, but there are guidelines for fair use. Each case of copying must be evaluated according to four factors:
Although all of these factors will be considered, the fourth factor is the most important consideration in determining whether a particular use is "fair." Where a work is available for purchase or license from the copyright owner in the medium or format desired, copying of all or a substantial portion of the work in lieu of purchasing or licensing a sufficient number of "authorized" copies would be presumptively unfair. Where only a small portion of the work is to be copied and the work would not be used if purchase or licensing of a sufficient number of authorized copies were required, the intended use is more likely to be found to be fair. Make sure that the copyright symbol ("Copyright" or "(c)" can be used) and the name of the copyright owner is attached directly on, under, or around the digital work. It should be visible to anyone who will be using the excerpted material. Copyrighted images, graphics, video, sounds, and written material
must always be referenced; this is true even if the material is only being used once for a
class presentation or project. This is important in case you should change your mind and
want to use material for commercial or extended purposes; you would have a record of the
copyright information and of where and when you found the material.
Technically: The United States Copyright laws call for Mechanical Royalties to be paid to the copyright owner of each song for each record (this includes all formats and includes promotional copies) manufactured, at the rate per song listed above (as of the date the product was manufactured) or at the rate per minute of running time, whichever is greater. If there is no agreement between the manufacturer (record company) and the copyright holder prior to the manufacture of product, this is what the copyright holder can expect/ demand. In the real world.... Most Record companies place in their agreements a "Controlled Composition" (those compositions written by the artists signing the record contract, thus being "controlled" by the agreement) clause which modifies all this. A common major label Controlled Composition clause states that "mechanical royalties will be paid at a 3/4 rate on a maximum of 10 songs, regardless of the running time and based on the rate in effect as of the date the project was delivered (or first released.) Recording agreements normally state that Mechanical Royalties are paid on only copies sold (not on those given away for promotional use) or paid on the same number that they pay "record royalties" on. For songs not controlled by a record contract (covers of
other artist's songs) the record company must contract with the copyright holders
(publishers.) The Harry Fox Agency out of New York is a clearing house for getting such
agreements. Royalties and
the pitfalls. Most often, labels pay artists a percentage of the suggested retail selling price ("SRP") of the recording in the particular format, such as CD, cassette or videogram. This is an easier basis for calculating royalties since the SRP is more readily determined and so eliminates the need to calculate the wholesale price, which often as not varies considerably from customer to customer. The artist's royalty rate will of course vary depending upon the relative bargaining positions of the parties. Deal making is, after all, about who wants who more. However, generally speaking the artist's royalty rate will run anywhere from 6% to 10% or perhaps a bit higher, all based upon the SRP. If the label calculates royalties upon a wholesale basis, the rate is most often twice the retail rate, although this is not carved into stone either. The artist may negotiate for an escalation of these rates as the deal progresses, either based upon sales (i.e. 7% up to x units, 8% for sales in excess of x units and so on), or higher in subsequent years and on subsequent albums. Note that I use the term "royalty rate" since this number is vastly different than the "royalty" the artist actually receives. More on this below. There are also deals for the artist which include a producer royalty, the so-called "all in deal" in which the label will pay an additional royalty over and above the artist royalty to include a royalty for the producer, generally anywhere from 3% to 5%. Under such a deal, it is the responsibility of the artist to pay the producer out of the all in deal. Unless the producer is the same person as the artist, this all in deal can be tricky for the artist to make since often third party producers wish to be paid from the first record sold after the artist recoups. In such an instance, it may be that the artist is not recouped because the artist has several albums with the label but the producer is entitled to the producer's royalties because the particular album on which the producer worked has recouped its recording costs. The artist is then in a cash flow bind since it owes money to the producer but has no money coming in. And if the artist is in a cash flow bind, likely as not so is the producer. There are ways to handle this in the deal with the label but such approaches are beyond the scope of this article. THE "WRINKLES"However, the artist should be well aware that the royalty rate the artist is being offered is often far from the single determining factor as to how much money the artist actually receives from the sale of records. This is because that rate is applied to a variety of provisions in which the basis for multiplying that rate fluctuates. There are reductions in rates for foreign sales (often half rate but negotiable for specific territories), for club sales (also often at a half rate and frequently on 85% or 90% of records sold with healthy discounts for promotional records, many of which provisions may also be negotiable), for sales at a discount and for "free" goods, which are records "given" away to customers of the label as inducements for purchases. The "free goods" clause is often quite a problem area in negotiations since these goods are often not actually free since the price to the customer is often a factor of these "free" records. This clause can be complex and unless there are firm limits, auditing this provision, which is where lots of money is often discovered, can be quite difficult. There are also reductions for packaging charges levied against the suggested retail list price, often 20%-25% of that price for CD formats and somewhat less for cassette formats. The above are only some of the many royalty reductions that serve to reduce the amount upon which the royalty rate is calculated. And then, once the actual dollar and cent figure is reached, the label is often allowed to withhold an amount, often undefined except that it must be "reasonable," to cover returns of records. This category is ripe for negotiation since what is "reasonable" is uncertain at best and without firm contractual standards, making a claim for these monies is quite difficult. There are also provisions regarding the licensing of the master recordings for other uses, such as in films, television shows and commercials. The artist should be very aware of these provisions as this form of exploitation can be very lucrative indeed. Most often, the label and the artist split the income from such licenses equally but the way income is defined in the contract is often quite determinative of how much the artist actually receives. CONCLUSIONAs with all deal making, there are no firm rules that can be applied. Each deal, like each artist, is unique. What some other band received in its contract is not determinative of what your band might get. Having an attorney who knows the ins and outs of the deal is quite important but in the end, it is the marketing clout of the artist that matters as much. Knowing what to ask for is as important as being able to command what you ask for. These royalty calculation issues and many more make the
negotiation of a recording contract quite complex and this article is not intended to be
exhaustive of all these many issues. Since the recording contract is often the single most
important agreement an artist or producer will sign during their careers, the artist and
producer are well advised not to enter into such an agreement without the negotiation and
thorough review of such contract by a qualified attorney very familiar with such deals. An
unfavorable contract can spell disaster for the recording artist and producer.
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