The Promotion Department of a publishing company has the responsibility
of promoting the catalog by designing and preparing promotional CD
packages, songbooks,and other items for distribution to recording
artists and record producers, television, motion picture and trailer
producers, ad agencies, home video, merchandise, greeting card, jukebox,
video jukebox , ringtone and premium companies.
Many of the
individuals in the creative department of a publishing company are also
familiar with the ins and outs of recording studios and produce or help
produce many of the demo sessions for new songs. Many of the
experienced ones are also able to develop songwriters as recording
artists and produce 'master quality' demos for selling writer/performers
to record companies as artists.
It takes time to be good at
playing a musical instrument. (Just like songwriting). If you rush
things and submit your music to a record label, they will hear the
incompetence within seconds. A record label has a reputation to
maintain, and most importantly, they're running a business. They would
reject music that shows lack of skills. Don't rush the songwriting
process, then make lots of mistakes, and expect to get positive feedback
on your demo submission. Be guided by industry standards.
A
record label is a company that's in the business of producing,
distributing and selling albums. A record label signs recording artists.
If these artists do not write their own songs, members of the label's
A&R department will meet with publishers in the hopes of finding hit
songs for their artists.
Songwriters' incomes come from a
variety of sources. Songwriters earn money primarily from mechanical
royalties, performance royalties, print royalties, synchronization
licenses and publisher advances. If a songwriter is also a recording
artist and/or producer, he will earn additional royalties, but those
royalties are totally separate from monies generated by the songs
themselves.
Payment is made per unit. A "unit" refers to one
recording of a song on an audiocassette, CD, or record, whether it's an
album or a single. Each song included on an album is considered one
unit. If you are lucky enough to have written 10 songs on an album, you
will be paid for 10 units for each album sold.
In the United
States, the mechanical royalty rate is established by Congress and is
called the "Statutory Rate." With one exception (the 3/4 rate which
we'll discuss another time), the Statutory Rate is not negotiable and
applies equally to all songwriters. Therefore, Michael Jackson, Diane
Warren, Garth Brooks and you, all receive the same mechanical royalty
for each album or single sold.
When you're pitching a song to a
radio station, remember that most program directors (PD) and music
directors (MD) accept calls only during specified hours. Ask their
assistants for their "call hours," and call then and only then to pitch
your material. These call hours apply to everyone--major labels, indie
labels, independent promoters--so be prepared to be put on hold for an
extended period of time. Call once just to make sure the PD or MD
received your package. Don't bug them before they've had a chance to
form an opinion!
--preceding excerpt is from The
Self-Promoting Musician, by Peter Spellman, Copyright 2001 Berklee
Press
Saxophonist Ernie Watts (Berklee'66) has toured
and recorded with artists as diverse as Barbara Streisand, Earth, Wind
and Fire, and the Rolling Stones. Here he shares some of his thoughts
on maintaining integrity and perspective in the music business:
"The music business is not that complicated. The first word in the music
business is 'music.' There isn't any 'business' if there isn't any
music. So, as an artist, your primary concern is to create the best
music you can possibly create. The business will follow. Because I
always tried to be the best that I could be, and because I was focused,
that created my business. People wanted me to be there because I could
play. I wasn't taking contractors to dinner."
When you're
promoting yourself, keeping organized is critical. Write down all
information in a notebook. Provide a separate page for each station.
Keep a phone log for every station you contact and note all the names of
those with whom you speak . If you have access to a computer, store your
data in a database file for easy retrieval. Once you've compiled a list
of stations you're confident will give your music a hearing, you'll be
ready to put a package together to mail out.
"Lord knows that
it is hard to get to the top, but it is a darned sight harder staying
there. The music business is littered with shooting stars that have
burned out. So pace yourselves; it is not a sprint that you are
running, it is more like a marathon. And remember, you have to keep
running.
"Obviously, talent is required. And plain hard work.
Every first-class musician I have known works hard at his talent."
Because of the sheer quantity of music at college radio
stations and the natural time constraints of student DJs, it is wise to
make their job easier by telling them the cut you want played. Some
will ignore your choice and make their own selections, but most will
take your lead and play that cut. Having a single play repeatedly over
several weeks is often more effective than airing multiple cuts. Your
single should be the strongest song on the CD and should not exceed
three and one-half minutes.
The fees payable to a writer for
creative services related to the writing of a radio or television jingle
can range from minimum compensation to well over $250,000. The amount
that you will receive will be dependent on the type of campaign being
planned (e.g., national, local, test), the music budget, and whether the
writer is an independent contractor unaffiliated with an advertising
agency or a jingle production company. It will also depend on whether
the artist is signed to a production company or owns his or her own
firm, is an employee of the advertising agency, has a hit song that the
agency wants to use, or is a successful writer/recording artist who will
create and perform advertising music.
Another alternative that
some agencies will take is to contact an independent songwriter, explain
the theme
of the campaign, and hire the composer to write the jingle. Without
his or her own production facility, however, the probability of securing
the commercial assignment is slim unless the writer has a successful
track record for writing hit songs or a reputation in the jingle
business as a successful commercial writer.
Advertising
agencies are also very important for songwriters. When an agency is
hired to create a radio or television commercial, it must first decide
whether the campaign demands a new song chosen or whether the use of a
past or present hit song is preferable.
Performance income from
music licensed to TV is determined by the number of people estimated to
have seen the show and therefore heard the music. The more popular the
show, the more money you make on performance royalties. A network TV
usage might pay in the $1000 to $2000 range for one broadcast. You make
new royalties every time the show is re-run, which is particularly good
news if you've got music on a show that goes into syndication and airs
frequently in markets around the world. Cable broadcasts generally pay
less than broadcast networks (less viewers).
Performance
royalties are collected from radio and TV broadcasters, etc. by the
Performing rights organizations ASCAP, BMI, or SESAC in the United
States (each country has its own P.R.O.). The P.R.O.s distribute these
payments to their member songwriters and publishers based on formulas
that calculate how many people have been exposed to the song. A number
one pop single might earn as much as a million dollars in performance
royalties in its biggest year.
No performance royalties are
generated on theatrical showings of films in the U.S.A. (though they are
paid in other countries), but when the film is aired on TV, you would
make your performance money
Mechanical Royalties is the name
given to revenues paid for the "mechanical reproduction" of musical
compositions on sound recordings. It refers to the royalties paid for
the sale of a physical, tangible product containing music. Audio
cassettes, CDs, record albums, and videocassettes all generate
mechanical royalties. In plain English, mechanical royalties are the
monies you are paid for the copies of your songs that are sold.
In the United States, the mechanical royalty rate is established by
Congress and is called the "Statutory Rate." With one exception (the 3/4
rate which we'll discuss another time), the Statutory Rate is not
negotiable and applies equally to all songwriters. Therefore, Michael
Jackson, Diane Warren, Garth Brooks and you, all receive the same
mechanical royalty for each album or single sold.
Payments from
record sales are called mechanical royalties and are paid by the record
company to the publisher of the song through the Harry Fox Agency. The
royalty rate is set by congress (the "statutory rate") and is at this
writing set at 8 cents per song. Therefore if you had one song that was
written and published solely by you on a million selling album, you
would earn $80,000 in mechanical royalties.
Songwriters'
incomes come from a variety of sources. Songwriters earn money primarily
from mechanical royalties, performance royalties, print royalties,
synchronization licenses and publisher advances. If a songwriter is also
a recording artist and/or producer, he will earn additional royalties,
but those royalties are totally separate from monies generated by the
songs themselves.
Once a venue books you, they add you to their
schedule and include you in their press releases, calendars, posters and
flyers. This doesn't mean that you should leave the promotion of the
concert to the venues. On the contrary, you should notify your fans with
a mailing notice, print up your own posters and flyers, and promote your
shows in any creative way you can think of.
Songwriters earn
money in two ways: a) When records are sold and b) when their songs
are played on radio, TV and other public areas (restaurants, concerts,
etc.). Of course most songwriters also perform, and any money they earn
in this area helps to keep them going in between royalty checks.
Contrary to popular belief, songs are not 'sold' to the artists
that record them. In fact, artists who record 'outside' songs, pay
nothing for the privilege until records are sold. Then and only then so
the songwriters get paid.
It's a good policy to not be too
picky about what venues to play. The more resistant venues may become
friendlier if your act is out in the local scene and your name is listed
on radio station concert calendars and print media calendars. The venue
bookers check out their competition. If you're out there playing gigs,
the bookers will eventually take notice. That's part of their job.
Live performance is glamorous and exciting. But performers
often forget that club owners have a different perspective on music than
musicians do. For venues, it's business, a very serious business,
fraught with risk and considerable competition. The question for you to
keep in mind when approaching the booker of a live venue is; why does
this club book certain artists, and not others? What is the criteria to
get a gig at this venue? The bottom line for club owners is they need to
make a living at their profession, and the only way they can do that is
to book acts that fill their club.
It's the job of the bookers
to be aware of what new acts are causing a stir in their own backyard.
It's also their job to listen to the demos that come in the mail by the
dozens every week. This brings up the issue of protocol. Yes, there is
an etiquette for all areas of music marketing, and the protocol for
dealing with bookers is: mail the promo kit, wait a week to ten days,
and then call the booker to ask for their response to your kit. Believe
it or not, politeness and respect are fairly uncommon virtues in the
music business. Make sure not to interrupt meetings. Ask the person if
now is a good time for them to talk. If they request a call back, do so
at the time requested.
In the United States, the Harry Fox
Agency (HFA) is the central hub for all things pertaining to obtaining
the rights to record and sell copies of songs written by other people.
Outside the U.S., similar Mechanical Rights agencies exist for Canada,
the UK, Europe and elsewhere.
The two areas of rights that the Harry Fox Agency deals with
are mechanical and digital licenses. Mechanical licensing is the
licensing of copyrighted musical compositions for use on CDs, records,
tapes, and certain digital configurations. Digital Licensing is the
licensing of copyrighted musical compositions in digital configurations,
including but not limited to, full downloads, limited-use downloads,
on-demand streaming and CD burning.
Based on the length of each
song and the number of units you plan to sell, the Harry Fox Agency will
charge you a fee based upon the statutory mechanical royalty rate. This
is the money collected from each sale of your cover version that goes
directly to the song's writer and publisher (often split 50/50).
Currently (January 1, 2004 to December 31, 2005), the statutory
mechanical royalty rate is 8.50 Cents for songs 5 minutes or less and
1.65 Cents per minute or fraction thereof over 5 minutes.
There
is no "one way" to make it in the music biz. If you ask 20 successful
musicians, you'll get 20 different answers. And there are no guarantees
that even if you do anything and everything you can, that you will get
the result that you want. So check your motives and be careful what you
wish and work for, because you might just get it.
The only way
I know of to get a distribution deal is to get a distributor interested
in your music. First, you need to find out who the distributors are in
you area. Start by going to the local music stores, approach the owner
and ask which distributors they do business with. Avoid the big-box
music stores, as they only do business with national acts and major
labels.
If there is any doubt what kind of promotional
materials should be put into your kits, think of the possible
ingredients that could go into the kit? Those promotional materials are
like the tools you have in your home repair toolkit. You have different
tools, but you rarely use them all at once. It's the same with what you
put into your folders and envelopes. You have created a bio, a fact
sheet, a photo, press clippings or quote sheets, and cover letters. In
addition to all those items, you may also create a list of song lyrics,
a stage plot for your live show presentations, or an equipment list. So,
do you use them all? The answer is simple. Ask the recipient of your
kit what they want you to send them. It's as simple as that.
Legal and commercial royalty arrangements vary greatly from nation to
nation. Some feel that the UK law lags behind the EU and US law in some
respects, but it's hard to say which is best. They all have benefits and
drawbacks. Remember this fact, it's always best to get some legal
advice from a qualified professional.
In the US and the UK,
your work is legally copyrighted as soon as you record or write it out.
In the US this is referred to as "fixed." To protect your copyright you
need to: prove that it's yours; prove when you produced it, and have the
copyright clearly marked on all copies of the work.
Original
words, music, recordings and graphics can be copyrighted, but musical
arrangements and titles of compositions cannot be. The only exception
to this rule is the intentional use of satire when parodying the work of
another.
The license fee for music used in films or TV is
determined by the overall music budget a music supervisor has to work
with, and the negotiating power of the artist. Unknown artists get far
less license money than superstars, for example. TV shows and small
films pay less than major studio feature films. A prime-time network TV
show might pay a license of $500 to $5000 for an unknown artist.
Smaller films will pay the same. Major studio pictures pay well-known
artists in the tens of thousands of dollars.
Whenever you have
an opportunity to present something to a professional in the music
business, you should remember two things: 1) What type of information
does the person receiving your information need from you to do their
job? 2) Does the folder or envelope that contains your kit reflect the
professional image you want?
The first impression your music
makes is a visual impression. In other words, if the package your music
arrives in looks unprofessional, your music may never be listened to.
This goes for everybody in the business, cover bands and original acts
alike.
The professional gatekeepers in the music industry see
hundreds of promotional packages a month, and after years of dealing
with these packages, it's very easy to tell what artist or band has
their act together professionally, and who doesn't.
Don't go
overboard in your eagerness to please. A folder can be a 35cent folder,
with the band or artist's logo used as a sticker placed on the front
cover of the folder or envelope. The promo materials included inside
should be neatly written and laid out. A package that looks "too slick"
can work against you as much as much as a poorly designed package will.
Be prepared to seriously discount your self-produced CDs if you
are going to use a distributor. Remember that if they can't turn a
profit from your product, you stand little chance of doing business with
them. Not only that, but the people they will be selling your CD to
won't buy it unless they can turn a profit as well. It is a smart thing
if you keep all of this in mind before you even create the budget for
recording your CD.
If you are seeking help with the distribution
of your self-produced CDs, you need to get in touch with a lot of
distributors and have them all interested in where they think they could
make a profit. Usually record labels deal with distributors and know
most of them from the small to the medium to the large. That is why most
bands try to get a deal with a label and the label will deal with the
distributors. They usually all know each other and are careful to remain
good business partners with each other. You can also buy linoleum blocks
used for creating prints at a local art supply store. These require you
or someone in your band to carve out an image on them (it really helps
if you or someone that you know is an artist or at least artistically
inclined.) Again, use the inkpad and transfer the image(s) that you
created to the CDs.
Here's a neat trick for making presentable
CDs without spending a fortune. Get some unbranded printable white
CD-Rs. Go to some arts & craft store and look for some pre-cut rubber
stamps with .
images that suit your music. If you can't find them in a craft
store, you might find them online or look for a custom rubber stamp
maker. Buy an inkpad of your color choice, and simply stamp the image on
your CDs.
Whichever printing method you choose to place an
image on your self-produced CDs, be sure to let the ink set a good 12
hours or more. This is especially true with the block printing inks.
Don't slide them into paper/type sleeves right away because the wet ink
will adhere to the plastic window and stick and/or smear.
Always remember that recording is very different than any other kind of
music-making. Making a recording is different than a live performance,
and elements that you may not have played before may be very helpful if
layered in such as doubled guitars, or tambourines on the rhythm track.
In reality, what all artists have to understand is that there are
three basic rights that publishers deal with. When a song is written,
the writer owns the entire copyright, all the publishing rights and the
writer's share of those rights. Publishing usually refers to only 50% of
the writer's royalty, which is known as the publisher's share.
There is more to publishing than record sales. That's pretty
straightforward stuff. Publishing is usually set up and split up in so
many different ways that it confuses people. The part that freaks
everyone out the most is when publishers talk about 200% of 100% of a
song. That's really an old-fashioned and traditional way to explain
copyrights, songwriter royalties and publishing, and it hardly ever
makes sense to anybody.
If a songwriter signs a co-publishing
deal, those rights will be shared equally with the publisher. If a
songwriter wants to hold onto the rights, they might want to simply sign
an administration deal where the publisher merely takes care of
business, including all of the paperwork, but usually does not share in
all of the rights.
There are songwriters themselves who hold
onto their publishing and act as their own publishers. But, generally,
that only works if they're so well established that people come to them
for songs.
A good publisher knows how much to pitch a song, how
much to charge for various licenses and where to look for money,
especially in the foreign market. They will know how to exploit each
source of income so that the songwriter can make as much as possible
from a single song.
If you release a disc with cover songs on
it and then try to obtain proper licensing after the fact, you're
possibly subject to penalties and/or prosecution for copyright
infringement. Always investigate the ownership of the publishing rights
to whatever song it is that you are going to release. You can find this
information through the various Performance Rights organizations,
BMI, ASCAP, SESAC, etc.
Here's an interesting legal fact: Once a
song has been commercially released by an artist, that artist's song may
be re-recorded and released by anyone who chooses to do so. This holds
true, provided that the melody/lyric isn't substantially altered in the
"cover" version, and that they pay proper fees/royalties directly to the
song's copyright holder.
The fee that you pay the Harry Fox
Agency is actually an advance that you are paying the agency against any
future sales of your release. The license itself only costs about
$10.00. There is also a $10.00 up charge, a one-time fee from the
agency.
Artists who wish to get booked should have a list of
their accomplishments to present to a booker. The booker needs to see
your promotional kit. The promo kit contains a cover letter, a bio, a
photo, a selection of press clips, possibly a Fact Sheet, and, of
course, a CD (CDR) or tape of your music.
For single releases,
mechanical royalties are paid equally for the "A" Side (the song that is
sent to radio stations and marked as the probable hit) and the "B" Side
(a song that the buyer is probably not familiar with). Therefore, the
writer of the hit song and the writer of the unknown song receive the
same amount of money for the sale of each single. Although this may not
seem fair, you should know that the writer of the hit will earn the bulk
of his income from performance royalties.
Payment is made per
unit. A "unit" refers to one recording of a song on an audiocassette,
CD, or record, whether it's an album or a single. Each song included on
an album is considered one unit. If you are lucky enough to have written
10 songs on an album, you will be paid for 10 units for each album sold.
All publishing companies will have a royalty department. The
royalty department is responsible for checking the royalty statements
that come in from music users, making sure that the proper amounts are
being remitted, and crediting all monies to the proper songs. In
general, they ensure that all writers and other income participants are
paid correctly. They are also responsible for income tracking, and
following up with any company that has either not paid or paid
incorrectly.
Most major publishing companies will have a
foreign department. The foreign department is responsible for notifying
a company's representatives throughout the world of new record releases,
motion picture, home video and television uses so that songs can be
registered with the local performance and mechanical rights societies.
They will also oversee the signings of new writers or recording artists,
ownership percentages of songs controlled, and the acquisition of
catalogs, as well as answering any inquiries received from foreign
territories concerning the compositions in the catalogue.
The
Copyright Department is responsible for the proper registration of
compositions with the U.S. Copyright Office in Washington, D.C., the
providing of correct copyright notices for all print and record usages.
They are also responsible for the proper registration of songs with
ASCAP, BMI and SESAC to ensure that radio, Internet and television
broadcasts as well as other performances of songs are monitored. In
addition to this, they do the necessary filing of copyright renewals.
There is also a wide range of other responsibilities all related to the
protection of musical compositions in a company's catalogue.