March

What Else You Got?

Posted In: Band Management, Career Building, Marketing & Promotion, Uncategorized by claybutlermusic

Here lately, I’ve been busy recording and consulting young bands, aspiring songwriters, and singers who are eager to “break into the music business”. Besides being fairly talented, they all have one thing in common: they all have absolutely NO idea how the music industry works.

As with most of us who make music for a living, many of them think their music is the greatest thing since sliced bread. The problem lies that they’re then unwilling to take advice on how to make their music better (read: more competitive). They wrote their “baby” in a moment of inspiration. It’s gold. That’s that. This attitude is not only amateurish, but it’s childish as well. Now, I’m not saying that much of their music isn’t good, but the music business is inundated with artists, bands, and songwriters who are “just good”. To compete, you must be great. Your music must be great. Your image must be great.

Study! Before you decide to dive into the shark infested waters of the music biz, you have to know exactly what you’re getting into so you won’t get eaten alive. Okay, I exaggerate a bit. Just not much. Before you expect to have any success in anything, be it business, science, technology, medicine, etc., you must understand your particular field inside and out. That’s exactly why people seeking any particular career path go to college. Education makes sure you’re at least somewhat prepared for entering your career. Music is no different.

Know your rights. Learn how copyrights work and where your money comes from as a writer or artist. Horror stories abound of bands and artists who were taken advantage of because they were ignorant of income opportunities, or, worse yet, they signed away those rights in shady contracts.

Educate yourself on contracts. Always consult an attorney before you sign anything, but at least help yourself by being familiar with contractual “norms” and how to read them. Know that contracts are a give-and-take type of thing. You likely wont get exactly what you want out of the deal, but know that the other party should be giving up certain things as well. It’s all about compromise.

Be prepared for failure. Say this with me: “No one owes me anything.” One more time. Good, now say it a thousand more times so that it sticks. Chances are you will knock on a hundred proverbial doors before someone lets you in. You may not even be let in. Your demos WILL sit on someone’s desk (if they even make it to the desk) amid a sea of SeaDs CDs from other people. They may not get listened to. If someone likes your music, you may get a call (which could be months, or even years, down the road). Just don’t expect them to call you back if they don’t like it. They’re just too busy for that. In the Music Biz, generally no news is bad news.

It ain’t about you. I could make you say this one a thousand times, too. Unless you just rub someone the wrong way, a rejection is not personal. It’s purely a business decision. After all, we’re all participating in the music business, right? There are scores of reasons why you may face rejection. Your songwriting or singing skills may not be strong enough yet. You may not fit their image. They may already have artists on their roster that are just like you. Once you start to work with music on a professional level, music ceases to be about art and becomes a commodity. Your music and your image is solely used to make money for someone else. Then, if they make money, you can reap some of the benefits of their success. Just don’t make the mistake of thinking that “you’re gonna get yours before they get theirs.” Remember, until you are making money for someone else, you have no leverage over them.

Talent can only carry you so far. You may be a fabulously talented singer or band, but if you don’t take responsibility for your own successes (or failures), then you can never expect to make it in the music industry. Your manager can’t do it for you. Your agent can’t do it for you. Your label can’t do it for you. All of these are avenues to help you succeed. In fact, don’t even go to them first. Learn to be successful without these other people, and your potential for greater success is much higher. If you’re successful on your own, these people will take notice and come to you. Then, if you feel they will help you to succeed further, make use of them. Remember, those who help you succeed are seeking their own success as well.

I don’t say any of this to scare any of you away from the music business. I am, on the other hand, saying it to scare some sense into you. Educate yourself. Prepare. Take responsibility for your successes and failures. While having “a good voice and a dream” is a good starting point, make no mistake; the music business isn’t at all easy. What else you got?

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January

The McTrademark and Intellectual Property Rights

Posted In: Band Management, Career Building, For Businesses, For Worship, Recording, Uncategorized by claybutlermusic

I’ve been teaching a series of seminars and classes on taking your church’s music and media ministry to the next level. We start off by focusing on “keeping it legal” by acknowledging and respecting the intellectual property rights of others. This morning on the WalletPop blog, there’s an article of a teen named Lauren McCluskey, along with another girl with Mc in her surname, who raised $30,000 for the Special Olympics with a charity concert series they called the McFest. McDonalds claimed it was infringement of their “Mc” trademark. In the December issue of Recording Magazine, another teen was sued by four record labels for illegally downloading and sharing 24 songs. The verdict after two trials? Punitive damages of 1.93 MILLION dollars. It seems like every time I pick up a magazine or turn on the computer, there’s an article dealing with an infringement case. It just serves to further remind us that INTELLECTUAL PROPERTY RIGHTS ARE A BIG DEAL!

If you’re a songwriter, performer, or artist, those rights are a big deal to you, too. It’s how you make a living. (See our previous posts on How to Get Paid for your Music and How to Start your Own MusicPublishing Company.) If you’re a venue, church, or broadcaster, they’re also a big deal for you, as well. Understanding the rights of others, in addition to your responsibilities pertaining to those rights, ensures that you don’t get sued (if you abide by them).

The law allows Intellectual Property owners certain EXCLUSIVE rights:

To reproduce the works
To create derivative works
To distribute the works
To perform the works
To display the works

No one else can do those things (well, legally, anyway). So, then, how does a potential music user get permission to do any of those things? Licensing. You must purchase a license in order to use the music of someone else for any reason. Each potential use requires a specific license.

To have music at your venue, club, or restaurant, you need a Performance License from a Performing Rights Organization (PRO) such as ASCAP, BMI, or SESAC.
To broadcast music on television, radio, or the internet, you also need a Performance License from a PRO.
To use music in a church worship setting, copy music, or display music/lyrics, you need a CCLI license from Christian Copyright License International.
To record someone else’s music onto a CD, for example a compilation, you need a Mechanical License, which can generally be obtained through the Harry Fox Agency and a Master Use License.
To record your performance of someone else’s music, for example a CD of cover tunes, you must also have a Mechanical License, but not a Master Use License.
To use someone else’s music on a video for broadcast, you would need a Broadcast License, a Synchronization License and a Master Use License. If it then goes on a CD or DVD for sale, you must add a Mechanical License.

Keep in mind that when you buy a CD, the ONLY thing you own is the little plastic disc and a License to listen to the music. You in no way own the music. You cannot copy, perform or distribute any of that music. Period. Well, unless you buy a license.

Comments? Questions? Keep ‘em comin!

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