You Created a Masterpiece...Now What? - Music Distribution 101

You’ve worked hard at creating your music. You’ve mastered it to perfection and created artwork for the physical CD and even gotten some pressed. But how do you really get your music out to the ears of the listening public? After all, you didn’t make your masterpiece so that it could sit on a shelf or in a file in your computer. So how DO you get distribution? Well, here’s the not-so-short and not-so-decisive answer on the subject.

In order to get their music out there, an artist must have either a distribution deal with a record label (which is rare these days) or an artist can self-distribute through many of the available sites that are online. There is a great article written by entertainment attorney Bart Day called The Different Kind Of Deals Involving Record Labels: A Thumbnail Sketch where he identifies the different considerations that an artist can have with a distribution deal with a label. Mr. Day does a nice job laying out the different deals that can be made with major labels and distributors, but most artists will not be in the position to be distributed by a major label right away. The age of the Internet has given today’s artist a viable distribution alternative, which is the Publish-On-Demand (POD) concept.

There are several online services that now assist in the distribution of an artist’s music. One of these services is TuneCore.com, where an artist can pay a flat fee ($9.99 for songs and $29.99 for albums) and TuneCore will make sure that nearly ever digital outlet in the Internet market (including iTunes) will carry that artist’s music. TuneCore is exclusively for music distribution, and it is the favorite of many of the artists with whom I work. They like it because they are able to keep the royalties from the sales and they don’t have to sign away any licensing rights.

Another service that does POD services for music is called CreateSpace.com. They only connect with one digital service, AmazonMP3, so they have less distribution power with the digital outlets. But they have a great option for physical CDs where they create CDs on demand. An artist doesn’t have to worry about spending money to press CDs and then have them collect dust. With CreateSpace’s system, the POD means exactly that…the CD is printed ON DEMAND once the ordering customer pays it for. CreateSpace takes a percentage (a fixed charge of $4.95 plus 15%). The breakdown of what an artist could expect for royalties from selling a physical CD with CreateSpace can be found here under the Pricing & Royalties tab. The nice perk about this system is that the artist doesn’t lose any money because of unsold CDs, but they can still market their catalog of CDs to fans who might buy them due to being able to publish or print on demand.

Last but certainly not least, probably the most commonly know POD site for music artist self-distribution is cdbaby.com. CDbaby is unique in that customers can actually purchase music directly from their site, and they also distribute your music to a few other digital markets such as iTunes, AmazonMP3, Spotify, and others. They don’t distribute to as many as TuneCore, but they certainly cover the main digital markets that most people visit.

Now, all three of these sites are set up for an artist to sell his or her music. Often though, in order to build their fan base, an artist will give away free downloads. This can be done in a lot of ways, but some of the most popular are ReverbNation.com, Soundcloud.com, HotNewHipHop.com, and Myspace. All these sites allow artists to upload their music, and then allow those who wish to download it the ability to do so rather easily. Many new artists must start this way, as they don’t have enough of a fan base to be successful at selling their music yet.

Whatever path an artist chooses, they should understand that just putting their music out into the world will not necessarily get them the attention that they need to make sure that the music sells. They still need fans to buy it, a way to get the word to the fans where to find it, and a way to create buzz about their single or album so that they get some press coverage for that press kit that I discussed in my last blog post. Just knowing how to self-publish or distribute, however, will go a long way towards making that phenomenal music career a reality.

Press Kits: What's In Them and Why Do They Matter?

During my Entertainment Media Publishing and Distribution class this month, we have had some discussion about press kits and how important it is to have an effective press kit to be taken seriously as an artist. There are two types of press kits. One is the actual tangible, physical press kit complete with a folder of information on the artist such as bios & press clippings, likely a demo CD, maybe a demo video DVD, and any other items that an artist may feel will get him or her noticed. Then there’s the Electronic Press Kit, or EPK, where everything that would be in a physical press kit is displayed on a website. This option, along with other electronic options, can really save an up-and-coming artist a lot of money. And when an artist is young in the business, unsigned, and just trying to get themselves out there, often the one major obstacle that an artist has is a lack of money! So EPKs can be a great way to have a professional press kit for very little investment.

Before discussing EPKs at length, just to give you an idea of how much money a good, quality, professional-looking physical press kit will cost, here’s a quick breakdown of what should be included. So let’s discuss the elements of a press kit. It all starts with a great biography of the artist or band. It should be professionally written with no grammar mistakes. Some artists actually hire professional writers to write their bios. No matter who writes it, it must be professional. Amateur grammar and spelling mistakes make the artist look like an amateur in the music industry and will likely be discarded. There is a great blog article that talks more about writing a professional bio here. And don’t forget a cover letter that is personally tailored to whoever is receiving the press kit. Being personal is very important. It shows that an artist took the time to find out the decision-maker of the company to which they are sending their press kit. That speaks volumes as to how serious they are in their career.

After the great bio is written, the next piece will be a media and press section. Choose media clips that highlight you as an artist. If you have little to no press coverage to include in your kit, here’s a great article on how to triple your odds of getting music media coverage from diymusician.cdbaby.com. Along with press coverage, it is helpful to include reviews of the artist's albums or singles.

The heart of the press kit is the artist’s music itself. This should be either a full-length album or professionally recorded demo. A burnt CD from a recording off of an iPhone or a basement lab is not acceptable. Those receiving the press kit will expect that an artist takes his or her craft seriously, and a professional recording is a must. An artist shouldn't skimp on mastering their recording either. To see why, read my previous blog post here. If the kit includes an album that has been released commercially, then also include a One-Sheet. Think of a One-Sheet as a press release for an album. It should contain as much information about the album as possible, including the style of the music, any pertinent information about the recording process, a track listing, and anything else that will make the album stand out. If an artist is sending a press kit to a potential distributor of their music, a One-Sheet is an absolute must. An equipment list is also important so that venues will know what an artist will need for a performance.

Artists will also want to include some professional photos. An artist should include at least one head shot, one full body shot, and possibly a few performance photos. Don’t overload the press kit with photos, however. The music should be the star of the kit. Just make sure, as with everything else in the kit, that the photos are professionally done.

Finally, the artist and booking contact information should be included on every piece in the kit along with a professional business card from the artist or their representative. The packaging can truly make or break an artist, as unprofessional packaging will likely never get opened. Now here’s where we get into the cost of the press kit. To have a professional-looking package, it is best to use a printing company. One such company, InkRockIt.com, creates beautiful packaging, but at the best pricing, an artist can get 1,000 kits for $999.00 (including shipping & handling). That works out to about $1 per kit, which isn't bad when you see what you get (see price breakdown & samples here), but then again, it’s still a dollar shy of a Grand. That can be tough to fit in the budget for a struggling artist. Thus, using the EPK format can mean a professional kit at a huge savings.

An EPK will have the same elements, but those elements will be hosted by a website. The cover letter portion will simply be the email that is sent with the link to the EPK attached. One great website we got to use in our class was Power Press Kits. An artist can create an account and try their service for free for 15 days, and then if they want to continue to use Power Press Kits, the cost of hosting the site starts at $7.99 per month if one pays for an entire year in advance at the cost of $95.88. This may seem expensive, but when compared to the cost of making 1,000 physical kits, it’s a tenth of the price. This fee allows an artist to send an unlimited number of press kits to any number of potential interested parties. Or artists can create their own websites on many of the free blog sites. But the advantage of using a site that is specifically set up to handle EPKs is just that…they are SPECIFICALLY set up to show an artist’s EPK in the best possible way. They have the capacity to handle all the high amounts of data that an artist will want to include, and Power Press Kits comes with a media player that can play music as the reader flips through the different photos, press clippings, and other information.

No matter how an artist decides to create his or her press kit, one thing is certain. It must be created. The music industry will not take an artist seriously without one. For the artist without a press kit, music is only a hobby. It’s worth it to put some time and research into creating a press kit that shows how serious the artist is about their craft. The time and money invested will pay off in spades down the road.

Keeping Up With Entertainment Law Amongst a Changing Music Landscape

In the world of the music industry, the scope of copyright law is often stretched and contorted in an attempt to answer legal issues that didn’t even exist when said copyright law was written. Often, the current law must be interpreted in ways that the writers of the law likely never imagined. For businesses whose main product is music or the use of music, it is important to keep up with the various case law that is being created based on how the courts are ruling on these copyright issues. One way that music business such SadSon Music Group, LLC (the studio of which I happen to be a part) can keep up with the ever-changing landscape of copyright law is to pay attention to the various legal blogs and podcasts that exist on the Internet. I recently reviewed two of these said podcasts, and found some examples that illustrate my point about copyright law.

The first podcast is from the Entertainment Law Update Podcast where several copyright issues were discussed. In the podcast, entitled No copyright, Sherlock?, where entertainment attorneys Gordon P. Firemark, Esq. and Tamera H. Bennett, Esq. discuss a variety of current legal cases. One of the cases that made my ears perk up was one where SiriusXM Satellite Radio is being sued by two musicians who are former members of the band called The Turtles. The Turtles recorded several songs in the 1970’s that are being played on satellite radio stations owned by SiriusXM. Tamera discussed how XM, prior to merging with Sirius, was paying royalties to SoundExchange in order to play pre-1972 songs. Once XM merged with Sirius (who hadn’t been paying said royalties), the new company that was formed no longer paid any money to SoundExchange for the broadcast of these pre-1972 sound recordings. Why are songs recorded prior to 1972 an issue, you ask? Well, February 14, 1972 was when recorded songs began to fall under copyright protection. Prior to that, there is no law to force a radio station or other entity to pay a royalty to a copyright owner. This is an ongoing case, where case law exists both in favor of and against the defendant, SiriusXM, so it will be interesting to see how the laws created in 1972 will be applied to the new technology that is now in place.

A second podcast from Entertainment Law Update Podcast titled 360 deals, rights of publicity, and more discusses the emerging practice of record labels and what is known as 360 deals. A 360 deal is a record deal that allows the signing record label to share profits not only from the artist’s record itself, but also ownership or profit sharing of the artist’s entire career revenues. In California, there is a Talent Agencies Act that exists that says that only a licensed agency can “procure” employment for an artist. There are similar laws in New York and Tennessee (due to Nashville and the Country Music Industry). It is currently a hot issue as to if these 360 deals are in violation of the Talent Agencies Act, because the record label is NOT a licensed agent. Obviously, these laws don’t apply in most states, but the fact that most music industry business occurs in either California, New York, or Tennessee, the legal issues that arise due to the 360 deals will be an important topic to stay current on if one is to be part of the music industry in general.

Suffice to say, if one is to stay current in the legal aspects of the music industry, one must devote time every day to educate themselves about current copyright and other intellectual property issues that surface EACH DAY. This complicated world of entertainment law is even more evidence that any artist or other music industry professional would do well to retain an entertainment attorney (not just any attorney) in order to protect themselves as the legal landscape continues to shift as technology and business practices continue to change.

Copyright Ownership - Why It Matters

Whatever the level of success an artist, producer, or record label has within the music industry, one this is for sure: ownership of rights is a critically important issue. Whoever owns a song or video gets to decide how it’s used, and receives the monetary profits from its use. So obviously copyright law is something in which every budding music artist should fully verse themselves. But most of the time, if not all, it’s still important to consult an entertainment attorney when these issues arise to make sure one is making the correct decision for one’s career. Not doing this could mean the difference between making it big and remaining irrelevant. Below are some recent legal cases that may be of interest for those looking to make a career out of writing, performing, and/or recording music.

Now, let me first put this out there. Prince is my favorite artist of ALL TIME. One of the things that makes him my favorite artist aside from his brilliant artistry is the fact that he’s a brilliant businessman and a ruthless enforcer of his rights concerning his copyrighted material. Even if it’s only 6 seconds of his copyrighted material, which was the case when Prince invoked his right to issue a Digital Millennium Copyright Act (DMCA) takedown notice to the social media app Vine, ordering them to takedown videos that were being shown in their app where Prince’s performance recordings were being used.. More on the story is explained in the following video by Blain Bettinger who is an attorney with Bond Schoeneck & King and author on the Higher Education IP Law Report:

Mr. Bettinger touches on a very interesting point, which is the question of balance between the rights of the holder of the copyrighted material and the right of others to use material in a creative way. He mentions that the DMCA is abused at times, and one might say that Prince is going a bit overboard with asserting his rights in this case. In my opinion, though, he’s not. I’m pretty sure that if I were on the same level as Prince in my success, I would stop ANYONE from using my creations in a way that I didn’t authorize. Even if that use was only 6 seconds.

Now eventually, if a copyrighted work gets old enough and the copyrights expire or are not purchased by someone else, as song (or film) will end up in the public domain, in which time one is able to use it freely without getting copyright clearances. This is called fair use, but even fair use isn’t as simple as one might think. Take for example the recent case involving the song Happy Birthday to You. Would you think, just by taking a guess, that Happy Birthday to You was in the public domain and fell under fair use? Well if you answered “yes”, then you’d be incorrect. Happy Birthday to You’s copyright is owned by Warner/Chappell Music who happily charge $1,500 for the use of the song on screen. That is, they currently own the copyright. There is a pending lawsuit filed by Good Morning to You Productions Corp. that claims that the copyright assertion that Warner/Chappell Music has made all these years is indeed invalid. Read more on the case here.

I’m excited to hear about the outcome of this case, as it speaks directly to the reason that copyright law exists. If you go and read the factual background on the case, there is a long list of dates where Happy Birthday to You was NOT copyrighted by the original authors, the Hill sisters, nor was it copyrighted by the person to whom they sold their song. All this could have been avoided had the song been properly copyrighted in the first place, and the rights of that copyright transferred accordingly. Those who have paid the $1,500 to get the license to use Happy Birthday to You will likely be watching this lawsuit closely, as well as those who’d like to use it in their works. But for now, Happy Birthday to You remains out of the fair use aspect of public domain. So no recording the Happy Birthday to You song in your amateur documentary film that you might get into Sundance. Until this case is settled, Warner/Chappell will likely still want their money.

So who is it that chases down all the potential copyright infringements that may be happening all over the country? Well, this job lies with the P.R.O., or Performance Rights Organizations. I discuss these different organizations in a previous post. Someone asked me recently if it was legal for cover bands to perform in public places. I had to take pause for a minute, because I had never thought about the legal implications of that situation. My first instinct was to answer that, no, it was indeed probably NOT legal, and these bands were opening themselves up to lawsuits by doing so without proper licenses. Turns out, I was correct in that gut instinct. There was a recent case where a representative of ASCAP, the American Society of Composers, Authors, and Publishers, visited Roscoe’s Chicken and Waffles and heard not only a cover band playing copyrighted songs, but also songs being played from a jukebox that were not properly licensed. A full reading of the case can be found here. This lawsuit goes to show that it can be very costly to ignore a P.R.O. It is their sole job to track down and collect money for all performances of copyrighted material, and they take that job seriously. One would be wise to make sure that all appropriate licenses are obtained before opening a club where cover bands will perform or music will be played. If not, you may just end up like East Coast Foods and have to pay out a far greater amount of money in court fines than you would’ve had you just gotten the proper licenses in the first place. A great paper about this very issue can be found here, called What's Covering the Cover Band?

At any rate, the legal pitfalls that exist within the music industry are as vast as sands on a beach. One would be advised to hire an entertainment attorney to make sure that the legal t’s and i’s are being crossed and dotted. As evidenced by the previous cases and many more that are out there, to not do so will truly and in all reality be risking the shirt off one’s back. I believe the adage is pay now or pay later, but what isn’t added to that saying is that the later amount is likely one that will be much, much more. Play it safe. Get a reputable entertainment lawyer and stay out of the litigation lane.

Free Your Mind...And The Rest Will Follow

In my own personal growth and development journey, I eventually hit a plateau. I had read numerous books on success, changed the negative tapes in my head to positive ones, and felt that I really had a good grasp on how to go after my dream. But I was often distracted by the everyday details of life. I would have great ideas, but then get too distracted to execute a plan to make those ideas come into focus. It was about three years ago when I read a blog post from Russell Simmons where he talked about why he practices meditation. He discussed the benefits of Transcendental Meditation (TM) and how he is working with the David Lynch Foundation to bring meditation to homeless men. It was then that I decided to start learning more about meditation and began adding the practice of meditation to my everyday life. Suffice to say, I am a true believer in its benefits! It has made a huge difference in my life and my overall feeling of well-being. I have more energy, my creativity flows more freely, and I feel incredibly empowered every day. The greatest benefit has been that I no longer have to take medication for depression. I had previously dealt with bouts of mild depression and had been treating it with antidepressants. I have been free from those meds for nearly three years now, and I've never felt better!! I recommend meditation to everyone I know, as it really has been the miracle I needed in my life. I especially recommend mediation to the music artists with whom I work. It takes discipline to make time every day for it, but the results are well worth the effort!!

In my research on different types of meditation and ways to improve my results even further, I came across a man named Alan Tutt. Alan has dedicated his life to helping others reach their full potential through sharing meditation techniques and personal growth and success strategies. I get daily emails from him, and they always help me focus on various aspects of my own self growth and success development. When I first started reading some of his blogs, he spoke of a practice called brainwave entrainment. Without getting too scientific, brainwave entrainment is simply the use of certain musical tones that increase your ability to go into deeper meditative states. Here is a short video from Steve Halpern that illustrates how brainwave entrainment works:

Alan Tutt has developed a system of recordings called the EmBRACES Belief Entrainment System that uses brainwave entrainment along with neuro-linguistic programming (NLP). Taken directly from his website, he says, “A major difference between my new EmBRACES system and others is the use of a technique from NLP (Neuro-Linguistic Programming), called “Pacing and Leading”. The principle behind pacing and leading is that when a series of obviously truthful statements is heard, a feeling of trust and confidence wells up within us.  Once that feeling is there, our minds will automatically associate that same level of trust and confidence with any further statements — meaning that these ideas are instantly more believable!” Alan has a great deal of credibility with me, so I’m excited to try his EmBRACES system. He does offer a money-back guarantee, so I feel very confident that I’ll get my money’s worth and this system will enhance my meditation a great deal.

As En Vogue said, “Free your mind, and the rest will follow.” We have so much power within our own mind that goes untapped, underutilized. Meditation is a great way to harness some of that power. I recommend it for everyone who strives to do more with their life than settle for mediocre. When you add meditation to your daily routine, you will be amazed at how it will change your life. Whatever type of meditation you choose to practice, I wish the best of luck to you on your journey. Namaste.

The 'Master' in the 'Masterpiece': Why Professional Mastering Matters

The world of Pro Tools and other recording software has changed the game of music. Independent artists can now create a professional sound with their music without the use of a professional studio. They can mix their own tracks and accomplish the majority of the recording process in the privacy of their own home lab. Even with all the technology available though, recording music will only ever be a hobby unless an artist takes their craft seriously enough to have their music professionally mastered.

Mixing and mastering, while often thought of as the same thing, are two separate critical elements of the recording process. Mixing is putting the track together. It consists of setting the levels of the different sounds, the placement of select instruments and effects, and creating the overall “picture” of the track. Mastering, however, is what makes the music commercially viable and “radio ready”. If mixing is putting the puzzle together, then mastering is the coating of shellac that one would want to put on a puzzle that they were planning on framing and putting on display. Mastering gives the final product that “sheen” that it needs to be taken seriously in the professional world of the music industry. Here are some reasons why it’s worth it for an independent artist to have their music professionally mastered:

•  While an artist can easily mix their own work, it is only through the fresh ears of a music mastering professional that the song or album can be truly polished. When an artist tries to master their own music, they aren’t able to be objective, as they are too close to the project. Having one’s music mastered by someone new who has never heard the music before ensures that the track is ready to be consumed by the music-listening public.

• When a song or album is professionally mastered, it will sound great whether it’s being played on a car stereo, on a laptop, on an iPod, or on an at-home stereo system with sub-woofers. When an album is mastered, each of the tracks will have consistent volume levels. Neither of these things can be accomplished with simple mixing. An artist should make sure that their music sounds great on whatever format it’s being played.

• If an artist plans on pressing CDs for release, they must have a mastered album. Mastering allows the music to be prepared for duplication and ultimately, commercial sale. Whether an artist is giving away their music or selling their CDs for $5 a pop at a show, the final product will sound amateur without proper mastering.

Professional mastering does have a cost attached, but the trend in mastering studios is to give an artist a free sample of their work to show a “before” and “after” of the artist’s song. This allows the artist to make sure the person mastering their work is a good fit for the style and genre that the artist wants to represent. A truly gifted sound engineer has the trained ear and artistic skill to master different types of genres in different ways. It is important for an artist to find a mastering professional that fits their vision for their music, and therefore foster that relationship throughout the artist’s career.

There are some great websites that go into far more detail about mixing and mastering. For more information on these two essential aspects of the recording process, check out the following links:

http://www.sageaudio.com/blog/mastering/what-is-the-difference-between-mixing-and-mastering.php

- A mastering studio blog that describes the differences in detail, along with an example of the “sample our work” offer that many mastering studios provide.

http://voices.yahoo.com/what-every-independent-artist-know-the-72266.html?cat=15

- A good article about the mastering process and why it matters.

- One of many great videos from this YouTube channel (Pvtchrislee07) showing the difference in audio quality of a mixed vs. mastered track.