Clarence or 'Citizen Cope' has just gotten out of his major label recording contract, and I am posting what he had to say about the fact that he now will be going indie.
Clarence is one smart guy and deserves to be supported.
Check out...
http://www.citizencope.com/topspin/topspin2.htm
"It's a great pleasure to announce that after being signed to a major label
recording contract for the better part of 10 years, my obligations have been
fulfilled and my new recording, The RainWater LP, will be released on my own
label RainWater Recordings.
The practice of selling your intellectual property and likeness throughout
the Universe and in perpetuity (this means forever) in exchange for a
recoupable recording advance always seemed like an unfair business practice.
Regardless, artists have historically been forced to sign these contracts
because it was the dominant way to make, promote, and distribute music.
There are good people at record companies that love music and do a great
deal of good. Unfortunately, contracts only follow people who sign them.
Staff sizes have been reduced, promotional dollars tightened, and the labels
are no longer properly equipped to develop acts, monetize catalog, or even
protect copyrights. There isn't anybody home.
I've been very fortunate to write, produce, and release music from my
point-of-view and have these projects funded by various record labels. And
while their collective demise is unfortunate, the responsibility lies with
executives without ownership in their respective companies. A business that
should be artist driven is executive driven. People with vision and who
dream will fill the void left by Majors. People who love music and
understand its artistic and social value. Ones with long term goals not
quarterly profit concerns.
Some risk accompanies this decision. First, there are the financial costs
associated with making an album: studio time, hiring players, mixing,
mastering, pressing CDs, hiring a publicist, radio promotion, etc. Second,
I don't have "the machine" assisting the album¹s promotion and marketing.
Regardless, it's liberating to control both the way I'm represented and how
you receive the music. I hope you in turn share the music with your
friends, make mention of its release on your blog, twitter, or simply
sing-along at my shows.
It was a joy to make the record. I hope you enjoy it. It's my favorite
alongside CGR.
One love.
Clarence
Tuesday, February 9, 2010
More on Producer Agreement
As promised, here is a bit more of an actual Producer Agreement. Please keep in mind that this example of a Producer Agreement is for a situation in which the Producer has made a verbal contract first with the artist in principal, and the written contract is to professionally reflect the oral agreement.
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2. RECORDING SESSIONS
Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by Artist and Producer. Recording sessions for the Master will be conducted by Artist at Artist’s sole cost and expense. Artist shall pay all Recording Costs (“Costs”) of the Masters recorded hereunder as and when due. Producer shall deliver to Artist upon completion, a final two-track equalized tape copy, CDR or digital audio tape (DAT)) commercially satisfactory to Artist for use on a record (“Record”). Each Master shall embody the performance by Artist of a single musical composition designated by the Artist, and shall be subject to Producers final approval as to selection of Artist, technical satisfaction for the manufacture, broadcast and sale of phono records.
3. COMPENSATION
(a) In consideration for Producer's services hereunder, Artist agrees to pay Producer a minimum of One Thousand Dollars ($1000.00) as recording fee per song or track to be created, produced and recorded by Producer hereunder, Half of which, Five-Hundred Dollars (500.00), to be paid before execution hereof and the remaining Five-Hundred Dollars (500.00) to be paid to Producer at the time of completion of project, OR, the full amount to be paid before execution hereof, whichever method the Artist chooses.
(b) In addition to the fee set forth in paragraph 3a. above, Producer shall also receive an amount equal to Three percent (3%) of the Suggested Retail List Price (SRLP) of any Record in which the Master(s) is/are embodied on divided by a fraction, the numerator of which shall be the number of Masters produced by Producer appearing on any Record embodying the Masters and the denominator of which shall be the total the number of all royalty bearing masters appearing on the Record.
(i) Notwithstanding the foregoing, Producer's royalties payable hereunder shall be calculated in the same manner as Artist's royalties are calculated under Artist’s recording agreement (“Recording Agreement”) with Artist’s record Artist (“Record Artist”) with respect to the Master(s) recorded hereunder and released by Record Artist. Producer’s royalties shall be subject to the same reductions, deductions, exclusions and category variations as is Artist’s royalties under Artist's Recording Agreement with Record Artist; and shall be paid at the same time as Artist is paid by Record Artist pursuant to the Recording Agreement. Producer shall not be paid any monies in respect of any exploitation of the Master for which Artist is not paid royalties, accordingly, no royalties shall be payable to Producer hereunder unless and until all Advances under this Agreement or Artist’s Recording Agreement or third party recording or distribution agreement, shall have been recouped. As used herein, the term "Advances" shall refer to the following sums but only to the extent such sums are recoupable by me or a royalty paying third party: (a) all recording and mastering costs incurred with respect to the Master, (b) all costs incurred with respect to production of the audio-visual recordings with respect to the master, (c) all artwork costs associated with the Master; (d) all costs for so-called tour support and (e) payments to Producer, and (f) any other costs incurred under this Agreement for recording and manufacturing, promoting, creating and selling the Master.
(d) Whenever the Master(s) produced hereunder are coupled with other master recordings on phonograph records or other devices, Producer's royalty rate under this Agreement shall be computed by multiplying our otherwise applicable royalty rate by a fraction, the numerator of which is the sum of selections contained on the Master(s) and a denominator of which is the total number of master including the Master(s) embodied in the record or other device.
---------------------------------------------------
2. RECORDING SESSIONS
Recording sessions for the Masters shall be conducted by Producer under this Agreement at such times and places as shall be mutually designated by Artist and Producer. Recording sessions for the Master will be conducted by Artist at Artist’s sole cost and expense. Artist shall pay all Recording Costs (“Costs”) of the Masters recorded hereunder as and when due. Producer shall deliver to Artist upon completion, a final two-track equalized tape copy, CDR or digital audio tape (DAT)) commercially satisfactory to Artist for use on a record (“Record”). Each Master shall embody the performance by Artist of a single musical composition designated by the Artist, and shall be subject to Producers final approval as to selection of Artist, technical satisfaction for the manufacture, broadcast and sale of phono records.
3. COMPENSATION
(a) In consideration for Producer's services hereunder, Artist agrees to pay Producer a minimum of One Thousand Dollars ($1000.00) as recording fee per song or track to be created, produced and recorded by Producer hereunder, Half of which, Five-Hundred Dollars (500.00), to be paid before execution hereof and the remaining Five-Hundred Dollars (500.00) to be paid to Producer at the time of completion of project, OR, the full amount to be paid before execution hereof, whichever method the Artist chooses.
(b) In addition to the fee set forth in paragraph 3a. above, Producer shall also receive an amount equal to Three percent (3%) of the Suggested Retail List Price (SRLP) of any Record in which the Master(s) is/are embodied on divided by a fraction, the numerator of which shall be the number of Masters produced by Producer appearing on any Record embodying the Masters and the denominator of which shall be the total the number of all royalty bearing masters appearing on the Record.
(i) Notwithstanding the foregoing, Producer's royalties payable hereunder shall be calculated in the same manner as Artist's royalties are calculated under Artist’s recording agreement (“Recording Agreement”) with Artist’s record Artist (“Record Artist”) with respect to the Master(s) recorded hereunder and released by Record Artist. Producer’s royalties shall be subject to the same reductions, deductions, exclusions and category variations as is Artist’s royalties under Artist's Recording Agreement with Record Artist; and shall be paid at the same time as Artist is paid by Record Artist pursuant to the Recording Agreement. Producer shall not be paid any monies in respect of any exploitation of the Master for which Artist is not paid royalties, accordingly, no royalties shall be payable to Producer hereunder unless and until all Advances under this Agreement or Artist’s Recording Agreement or third party recording or distribution agreement, shall have been recouped. As used herein, the term "Advances" shall refer to the following sums but only to the extent such sums are recoupable by me or a royalty paying third party: (a) all recording and mastering costs incurred with respect to the Master, (b) all costs incurred with respect to production of the audio-visual recordings with respect to the master, (c) all artwork costs associated with the Master; (d) all costs for so-called tour support and (e) payments to Producer, and (f) any other costs incurred under this Agreement for recording and manufacturing, promoting, creating and selling the Master.
(d) Whenever the Master(s) produced hereunder are coupled with other master recordings on phonograph records or other devices, Producer's royalty rate under this Agreement shall be computed by multiplying our otherwise applicable royalty rate by a fraction, the numerator of which is the sum of selections contained on the Master(s) and a denominator of which is the total number of master including the Master(s) embodied in the record or other device.
Monday, February 8, 2010
What Every Musician Should Know About Their Fans
What Every Musician Should Know About Their Fans
Hello, anybody out there? It's 2010 and in the last week alone I have had 11 emails or phone messages from musicians asking me to help them "get a record deal".
What is with that!!??
Stop trying to shop for “deals”, and start learning how to market you own music!
What do you need to do first? Get to know who your fan is.
Make it your major goal to study who the people are that come to see your live shows, buy your CDs, download your music, read your Tweets, Facebook and MySpace postings, purchase your merchandise, and visit your website.
These are the people who are the most valuable assets you have outside of the 'great' songs you have written.
Studying the lifestyles of your fans will give you a passport to making money with your music. Why? Because when you discover who they are in great detail, their habits and lifestyles will inspire ways of reaching them you never imagined.
For example, haven’t you seen hundreds of entertainment products and other merchandise for sale at places other than the obvious stores? You know, stuff like the action figures associated with some mega movie promotion given away with a hamburger. Or, how about those special deals when you subscribe to this, that, or the other. Or you get a free book or discount coupons good for movie tickets. Well, behind each of these special promotions is 'customer research.'
To help you get into the same kind of mindset as any professional marketer, here are some questions for you to ponder regarding your fans.
How old are they? (determine the widest range of their ages)
What gender are they? (if both, what percentage is dominant, or is it even?)
Are they one specific ethnic background or a mix of backgrounds?
Do they drive cars to work, or do they carpool, take public transportation, ride bikes, or walk?
If they go to school, what kind of schools do they go to?…grade schools, high schools, colleges, business schools, universities?
Are they religious people, or spiritual seekers, or atheists?
What political parties do they belong to, and what if any causes do they champion?
If they go out to dinner, what kind of restaurants do they go to…fancy and expensive places or fast food restaurants?
Where do they shop for clothes…Value Village, Kmart or Nordstroms?
What kind of hobbies and other interests beside music do they have… mountain climbing, hiking, jogging, boating, other sports activities?
What other music do they like…particularly what other bands and artists do they spend their money on?
What kind of movies do they go see in theaters, and/or rent or buy?
When they travel, do they go by car, bus, train, or plane?
What books might they enjoy reading? e-books? and where would they buy them?
What kind of volunteer work might they do…work in hospitals, fairs and festival volunteers, church groups, youth clubs?
What TV shows might they watch, and what radio stations do they listen to?
What websites do they visit and blogs do the subscribe to, on a regular basis?
OK. now, how do you begin finding out all the answers to these questions? Well, a client came to me one time and told me that for 2 years they had been videotaping their live shows to watch at rehearsals, so they could see what their stage appearance looked like from the audience’s point of view. I applauded this habit, but told them that after 2 years of doing that they should turn the video camera around and videotape their audience!
A picture is worth a thousand words, right? So, studying your audience for awhile should give you some big clues to their lifestyles. You will see their ages and genders, their hairstyles and clothing, and if you look between the lines you can make some pretty good educated guesses on some of the things I have suggested in the questions listed above.
In the beginning you will have to get use to this new habit of studying your fan. Give it time. After awhile your ongoing survey of who they are will begin to tell its tale, and before long you will be thinking like a professional marketer.
When you see that most of your audience are 18-25 for example, are more male than female, are in community colleges or enrolled in a university nearby, and buy their clothes at second hand stores…then you can find some fun and exciting promotion and marketing ideas that may catch their attention. Like, concentrate your live shows on having house parties, or playing campus venues, and blanketing the campuses with posters and flyers. Get a campus organization to sponsor one of your shows, get a listing or a story about your act in the college paper, and partner with a local record store (god knows they need all the help they can get these days) to sell your concert tickets and offer a dollar off your CD when they buy a concert ticket. Make your show a partial benefit for that charity second hand clothing store, so that they can promote your show with posters and handouts to their customers, and have a small display at their checkout counter for your CD at the clothing store too. (But don’t forget to sell your CD and other merchandise at all your shows, and have your e-mail list available for the new fans to sign up for).
If your fan research shows that you have fans who are older, you will have to go a different route. Let’s say they are females, 25-39 and live an alternative lifestyle that includes having groups of friends over for a book club discussion, listening to acoustic music, and preferring tea to coffee. Then think about doing what I call ‘tell a friend’ acoustic home concerts. You select a fan to host a show at their home and invite their friends to attend for free. You make your money by selling your CDs and other merchandise to an ever-expanding fanbase.
Also, put a ‘customer survey’ on your website. Ask them to fill out the survey, and perhaps thank them with a free song download, or a discount off your CDs…whatever…just do it!
So, there you go. The list of promotional ideas and inspirations for creative self-marketing are endless, when and if you know who your customer is. The best independent labels out there are thinking this way all the time. That is why you may have seen hip hop CD compilations for sale at shoe stores, or found CD samplers given away at grocery stores.
Your customer is really not that much different than you. Just start paying attention wherever you are, and wherever they are and watch how other products are being sold and marketed. The customers are out there, but they have a lot to choose from, so get your music to them in fun and creative ways.
Your fans will never let you down once you get the lowdown on them.
Hello, anybody out there? It's 2010 and in the last week alone I have had 11 emails or phone messages from musicians asking me to help them "get a record deal".
What is with that!!??
Stop trying to shop for “deals”, and start learning how to market you own music!
What do you need to do first? Get to know who your fan is.
Make it your major goal to study who the people are that come to see your live shows, buy your CDs, download your music, read your Tweets, Facebook and MySpace postings, purchase your merchandise, and visit your website.
These are the people who are the most valuable assets you have outside of the 'great' songs you have written.
Studying the lifestyles of your fans will give you a passport to making money with your music. Why? Because when you discover who they are in great detail, their habits and lifestyles will inspire ways of reaching them you never imagined.
For example, haven’t you seen hundreds of entertainment products and other merchandise for sale at places other than the obvious stores? You know, stuff like the action figures associated with some mega movie promotion given away with a hamburger. Or, how about those special deals when you subscribe to this, that, or the other. Or you get a free book or discount coupons good for movie tickets. Well, behind each of these special promotions is 'customer research.'
To help you get into the same kind of mindset as any professional marketer, here are some questions for you to ponder regarding your fans.
How old are they? (determine the widest range of their ages)
What gender are they? (if both, what percentage is dominant, or is it even?)
Are they one specific ethnic background or a mix of backgrounds?
Do they drive cars to work, or do they carpool, take public transportation, ride bikes, or walk?
If they go to school, what kind of schools do they go to?…grade schools, high schools, colleges, business schools, universities?
Are they religious people, or spiritual seekers, or atheists?
What political parties do they belong to, and what if any causes do they champion?
If they go out to dinner, what kind of restaurants do they go to…fancy and expensive places or fast food restaurants?
Where do they shop for clothes…Value Village, Kmart or Nordstroms?
What kind of hobbies and other interests beside music do they have… mountain climbing, hiking, jogging, boating, other sports activities?
What other music do they like…particularly what other bands and artists do they spend their money on?
What kind of movies do they go see in theaters, and/or rent or buy?
When they travel, do they go by car, bus, train, or plane?
What books might they enjoy reading? e-books? and where would they buy them?
What kind of volunteer work might they do…work in hospitals, fairs and festival volunteers, church groups, youth clubs?
What TV shows might they watch, and what radio stations do they listen to?
What websites do they visit and blogs do the subscribe to, on a regular basis?
OK. now, how do you begin finding out all the answers to these questions? Well, a client came to me one time and told me that for 2 years they had been videotaping their live shows to watch at rehearsals, so they could see what their stage appearance looked like from the audience’s point of view. I applauded this habit, but told them that after 2 years of doing that they should turn the video camera around and videotape their audience!
A picture is worth a thousand words, right? So, studying your audience for awhile should give you some big clues to their lifestyles. You will see their ages and genders, their hairstyles and clothing, and if you look between the lines you can make some pretty good educated guesses on some of the things I have suggested in the questions listed above.
In the beginning you will have to get use to this new habit of studying your fan. Give it time. After awhile your ongoing survey of who they are will begin to tell its tale, and before long you will be thinking like a professional marketer.
When you see that most of your audience are 18-25 for example, are more male than female, are in community colleges or enrolled in a university nearby, and buy their clothes at second hand stores…then you can find some fun and exciting promotion and marketing ideas that may catch their attention. Like, concentrate your live shows on having house parties, or playing campus venues, and blanketing the campuses with posters and flyers. Get a campus organization to sponsor one of your shows, get a listing or a story about your act in the college paper, and partner with a local record store (god knows they need all the help they can get these days) to sell your concert tickets and offer a dollar off your CD when they buy a concert ticket. Make your show a partial benefit for that charity second hand clothing store, so that they can promote your show with posters and handouts to their customers, and have a small display at their checkout counter for your CD at the clothing store too. (But don’t forget to sell your CD and other merchandise at all your shows, and have your e-mail list available for the new fans to sign up for).
If your fan research shows that you have fans who are older, you will have to go a different route. Let’s say they are females, 25-39 and live an alternative lifestyle that includes having groups of friends over for a book club discussion, listening to acoustic music, and preferring tea to coffee. Then think about doing what I call ‘tell a friend’ acoustic home concerts. You select a fan to host a show at their home and invite their friends to attend for free. You make your money by selling your CDs and other merchandise to an ever-expanding fanbase.
Also, put a ‘customer survey’ on your website. Ask them to fill out the survey, and perhaps thank them with a free song download, or a discount off your CDs…whatever…just do it!
So, there you go. The list of promotional ideas and inspirations for creative self-marketing are endless, when and if you know who your customer is. The best independent labels out there are thinking this way all the time. That is why you may have seen hip hop CD compilations for sale at shoe stores, or found CD samplers given away at grocery stores.
Your customer is really not that much different than you. Just start paying attention wherever you are, and wherever they are and watch how other products are being sold and marketed. The customers are out there, but they have a lot to choose from, so get your music to them in fun and creative ways.
Your fans will never let you down once you get the lowdown on them.
Thursday, February 4, 2010
Some Info About Producer Contracts
For awhile now I have been getting questions sent to me about what is in a typical Producer Contract. So here, bit by bit in this posting, and in some future ones I will quote sections from a producer's contract that I have seen.
But before I post the first section of it. PLEASE REMEMBER that ANY contract is open to negotiations, and I am NOT an Entertainment Law Attorney but I know a few :-)
Very few contracts in the music industry are the same for everyone, and a Producers Agreement is no exception, so without further ado here is a section from a Producer's Agreement for you to read, and perhaps fall asleep to.
"GRANT OF RIGHTS"
Producer and Artist agree that each Master, and all derivatives thereof (but not including the underlying compositions), (collectively "Works") shall constitute "works made for hire" as that term is defined under 17 U.S.C. sec. 101, and the author and owner of the Works is deemed to be Artist (or its authorized designee).
In any event, Producer does hereby assign, transfer and set over to Artist, its successors and assigns, one hundred percent (100%) of Artist's entire right, title and interest, including without limitation any and all so-called "moral rights," in and to the Works, together with all copyrights therein and thereto throughout the world and any and all renewals and extensions of copyright therein now known or hereafter existing under any law, rule, statute and/or regulation now known or hereafter enacted or promulgated, and including without limitation the exclusive right to administer such copyrights.
The Works shall be the sole and exclusive property of Artist in perpetuity, free from any claim whatsoever by Producer. Producer will execute and deliver to Artist such instruments of transfer and other documents regarding the rights of Artist in the Works as Artist may reasonably request to carry out the purposes of this agreement and Producer will sign any and all necessary documents to effectuate the disposition of same.
Artist shall have the unlimited, perpetual right to exploit the Works for all purposes by any means or media now or hereafter devised, and in any form whatsoever, under any trademarks, trade names and labels with no additional compensation payable to Producer other than as stated herein, it being understood that Producer shall have the right to grant and negotiate and grant all licenses sought and obtained for derivative works.
Neither the expiration nor termination of the agreement pursuant to which the Works were produced shall affect the ownership by Artist of the Works it being understood, however, that the Recordings shall remain the sole and exclusive property of Producer until all monies, as mentioned below in paragraph 3(a), due Producer by Artist are received by Producer."
Now, wasn't that fun and exciting?! I 'love' legal language...not.
Anyway as you read this,in many cases the Producer will demand a percentage of the royalties due from the work he/she has produced.So re-read this section carefully...
" Artist shall have the unlimited, perpetual right to exploit the Works for all purposes by any means or media now or hereafter devised, and in any form whatsoever, under any trademarks, trade names and labels with no additional compensation payable to Producer other than as stated herein, it being understood that Producer shall have the right to grant and negotiate and grant all licenses sought and obtained for derivative works.
So, don't be surprised if your Producer demands more than a fee for his/her Production work. Read the legal langquage carefully!
But before I post the first section of it. PLEASE REMEMBER that ANY contract is open to negotiations, and I am NOT an Entertainment Law Attorney but I know a few :-)
Very few contracts in the music industry are the same for everyone, and a Producers Agreement is no exception, so without further ado here is a section from a Producer's Agreement for you to read, and perhaps fall asleep to.
"GRANT OF RIGHTS"
Producer and Artist agree that each Master, and all derivatives thereof (but not including the underlying compositions), (collectively "Works") shall constitute "works made for hire" as that term is defined under 17 U.S.C. sec. 101, and the author and owner of the Works is deemed to be Artist (or its authorized designee).
In any event, Producer does hereby assign, transfer and set over to Artist, its successors and assigns, one hundred percent (100%) of Artist's entire right, title and interest, including without limitation any and all so-called "moral rights," in and to the Works, together with all copyrights therein and thereto throughout the world and any and all renewals and extensions of copyright therein now known or hereafter existing under any law, rule, statute and/or regulation now known or hereafter enacted or promulgated, and including without limitation the exclusive right to administer such copyrights.
The Works shall be the sole and exclusive property of Artist in perpetuity, free from any claim whatsoever by Producer. Producer will execute and deliver to Artist such instruments of transfer and other documents regarding the rights of Artist in the Works as Artist may reasonably request to carry out the purposes of this agreement and Producer will sign any and all necessary documents to effectuate the disposition of same.
Artist shall have the unlimited, perpetual right to exploit the Works for all purposes by any means or media now or hereafter devised, and in any form whatsoever, under any trademarks, trade names and labels with no additional compensation payable to Producer other than as stated herein, it being understood that Producer shall have the right to grant and negotiate and grant all licenses sought and obtained for derivative works.
Neither the expiration nor termination of the agreement pursuant to which the Works were produced shall affect the ownership by Artist of the Works it being understood, however, that the Recordings shall remain the sole and exclusive property of Producer until all monies, as mentioned below in paragraph 3(a), due Producer by Artist are received by Producer."
Now, wasn't that fun and exciting?! I 'love' legal language...not.
Anyway as you read this,in many cases the Producer will demand a percentage of the royalties due from the work he/she has produced.So re-read this section carefully...
" Artist shall have the unlimited, perpetual right to exploit the Works for all purposes by any means or media now or hereafter devised, and in any form whatsoever, under any trademarks, trade names and labels with no additional compensation payable to Producer other than as stated herein, it being understood that Producer shall have the right to grant and negotiate and grant all licenses sought and obtained for derivative works.
So, don't be surprised if your Producer demands more than a fee for his/her Production work. Read the legal langquage carefully!
Wednesday, February 3, 2010
The New Paradigm in Marketing Your Music Is Here Now
Its been awhile now, but recently Tom Silverman of Tommy Boy Records fame has been back in the news with his revised New Music Seminar. He first had it going in the early 80's, and it was a great place to go then to get caught up with how to market and sell independent music. He is back now, for the second year in a row, with a revised New Music Seminar. And we are all the better for it. I would suggest that you do a Google search on Tom and/or the New Music Seminar. Because there is a lot of good stuff coming out this year's program. I have been keeping up with some of the highlights of the conference,and I must say that one of the most useful quotes I have heard coming out of it is this one.
"The value chain is not
artist
label
distributor
retailer
fan/customer
but
artist
marketing partner
technology
fan/customer"
That was stated by TopSpin's Ian Rogers...and he has it down pat!!
I could not have stated it better myself. I love that quote from him so much I have made it part of my on-going DUH 101 series. (You can find the first 150 DUH 101 statements in my Blog archive, or follow me on Twitter or Facebook to get the latest gems.)
So, if Ian is right, and he is very right....once again, as I have said over the years...STOP LOOKING FOR A RECORD DEAL!!! That is SO 70's. Really!
Check out the data folks: major record labels until the late 70's were the only way to go for most new bands and indie artists. Yes there was a groundbreaking new trend that developed over the 80's and now are still a good option for some artists, but indie labels usually don't have the bucks to put up for an old traditional marketing plan. But that has all changed over the last 3 decades. More and more strong Indie labels MAY have the ability to take you from nothing to something. Having owned my own label back in the 80's, I can tell you first hand that finding a Major record deal is usually not the answer. Don't get me wrong, tons of great music from indie labels and bands have come out over these last many years. But today, NOW, things are different, and what Ian Rogers is talking about is right on.
YOU, the artist...YOU, the band have to be what a label used to be. The Internet and MP3 file sharing changed the paradigm over 10 years ago. So, what is Ian saying?
Lets take his 'flow chart' apart:
1.ARTIST: YOU are in charge or need to be. It is YOUR music after all, and so you have the responsibility to write and record the best damn songs you can, songs that make people wanna die to have them...to listen to them over and over again
2.LABEL: Once you have written those songs, when you record them YOU are acting as a label...NO...YOU are a record label. You put up the money for it, and YOU have to have the money, like a good label does, to have the money to do what labels do after songs have been recorded...YOU have to get the word out about your music, and get it noticed out of the 105,000 other new releases that are out there every year now. YOU have to do that.
3.Distributor: God, I still get so many requests/calls about "All I need is a good distributor to get my records into the stores" What are you talking about? What record stores? Haven't you lamented the closing of a great record store in your city?
That is what traditional distributors USE to do, and a few still do...but YOU should no longer do that. What do you think Tunecore, and Top Spin, and iTunes etc etc are all about...YOU have to change and wake up from your slumber...really the 70's is a TV show rerun!
4. Retailers: Yes, there are and hopefully always will be a good indie record store in your area. But probably not. So, you sell your music online, and at your live shows...and move over to the Internet retailers!
5. Fans/Customers: Now we're taking...your fans are your customers. From the recording session on THEY are what matters. And today YOU can have direct access and communication with them. What do you think Twitter, Facebook, Blogs, LinkedIn are all about? Join them and any other social networking tools you can find and use.
So, maybe now you understand what Ian Rogers is saying with his flow chart.What is it again?
artist
marketing partner
technology
fan/customer
Its that simple. Take the challenge up. Just do it! Who is your marketing partner? (Oh come on now, can't you read between the lines for Christ's sake??)
I already helped you transition your thinking into this new paradigm of thinking about marketing YOUR music. Never at any time in history have we had SO many technology tools to work with as musicians. Stop already with this "I want a record deal stuff...look in your mirror...YOU are what you have been waiting for!!
One more word about your fans, your customers. Think like them, BE like them, honor them, do stuff for them, be the best for them. Do that and they will follow you like you were some special music messiah!
"The value chain is not
artist
label
distributor
retailer
fan/customer
but
artist
marketing partner
technology
fan/customer"
That was stated by TopSpin's Ian Rogers...and he has it down pat!!
I could not have stated it better myself. I love that quote from him so much I have made it part of my on-going DUH 101 series. (You can find the first 150 DUH 101 statements in my Blog archive, or follow me on Twitter or Facebook to get the latest gems.)
So, if Ian is right, and he is very right....once again, as I have said over the years...STOP LOOKING FOR A RECORD DEAL!!! That is SO 70's. Really!
Check out the data folks: major record labels until the late 70's were the only way to go for most new bands and indie artists. Yes there was a groundbreaking new trend that developed over the 80's and now are still a good option for some artists, but indie labels usually don't have the bucks to put up for an old traditional marketing plan. But that has all changed over the last 3 decades. More and more strong Indie labels MAY have the ability to take you from nothing to something. Having owned my own label back in the 80's, I can tell you first hand that finding a Major record deal is usually not the answer. Don't get me wrong, tons of great music from indie labels and bands have come out over these last many years. But today, NOW, things are different, and what Ian Rogers is talking about is right on.
YOU, the artist...YOU, the band have to be what a label used to be. The Internet and MP3 file sharing changed the paradigm over 10 years ago. So, what is Ian saying?
Lets take his 'flow chart' apart:
1.ARTIST: YOU are in charge or need to be. It is YOUR music after all, and so you have the responsibility to write and record the best damn songs you can, songs that make people wanna die to have them...to listen to them over and over again
2.LABEL: Once you have written those songs, when you record them YOU are acting as a label...NO...YOU are a record label. You put up the money for it, and YOU have to have the money, like a good label does, to have the money to do what labels do after songs have been recorded...YOU have to get the word out about your music, and get it noticed out of the 105,000 other new releases that are out there every year now. YOU have to do that.
3.Distributor: God, I still get so many requests/calls about "All I need is a good distributor to get my records into the stores" What are you talking about? What record stores? Haven't you lamented the closing of a great record store in your city?
That is what traditional distributors USE to do, and a few still do...but YOU should no longer do that. What do you think Tunecore, and Top Spin, and iTunes etc etc are all about...YOU have to change and wake up from your slumber...really the 70's is a TV show rerun!
4. Retailers: Yes, there are and hopefully always will be a good indie record store in your area. But probably not. So, you sell your music online, and at your live shows...and move over to the Internet retailers!
5. Fans/Customers: Now we're taking...your fans are your customers. From the recording session on THEY are what matters. And today YOU can have direct access and communication with them. What do you think Twitter, Facebook, Blogs, LinkedIn are all about? Join them and any other social networking tools you can find and use.
So, maybe now you understand what Ian Rogers is saying with his flow chart.What is it again?
artist
marketing partner
technology
fan/customer
Its that simple. Take the challenge up. Just do it! Who is your marketing partner? (Oh come on now, can't you read between the lines for Christ's sake??)
I already helped you transition your thinking into this new paradigm of thinking about marketing YOUR music. Never at any time in history have we had SO many technology tools to work with as musicians. Stop already with this "I want a record deal stuff...look in your mirror...YOU are what you have been waiting for!!
One more word about your fans, your customers. Think like them, BE like them, honor them, do stuff for them, be the best for them. Do that and they will follow you like you were some special music messiah!
Monday, February 1, 2010
Artistic Espression vs. Music Marketing
I have a client (who will remain nameless) that creates extraordinary music, and for the most part the graphic and other images they create reflect a professionalism that mirrors the quality of their songs and their live performance.
However, recently we had a difference of opinion, which is cool by the way, about a video they posted on YouTube. So I checked it out and found it to be poorly made, from a music marketing perspective. Here is some of what I had to say to them. My comments are really about conveying a consistent image in everything you do as a solo artist or as a band. Here is what I said to them:
"You have to realize something very different about me. I WAS BORN IN MUSIC MARKETING AND MUSIC SALES. THAT IS HOW I SEE THE MUSIC BUSINESS. So, when I see, what I think is bad image development, I THINK LIKE A MUSIC MARKETER.
I am not trying to stop you or anyone's creativity. But there is a very useful old saying in this business...YOU ARE NOT YOUR CUSTOMER. YOU ARE NOT YOUR FAN. that is very important, and applies to you, You stated in an email to me... "70 percent of the people who commented saying they love (our video) are in the film industry full time"
Well, too friggin' bad. They may be creative people but they are NOT thinking about customers or fans when they compliment 'arty-farty 8 mil.and dark camera work. That is just how I feel, period.
Those creative people are, like you, TOO CLOSE to the business to see it from a marketing perspective. Customers and Fans see things differently. Some fans are picky, some have no taste for creativity, and will accept anything an artist creates..BECAUSE THEY ARE BLINDED BY THEIR FAN DOME!
Now, since you are also posting your daily art work as part of your dedication to communicating with your fanbase, that it is a personal glimpse into YOU...that is fine and I would never suggest you change your artwork, But videos you put out under your band's name are different...those choices are MARKETING.
Also, when I rant and use words like "HATE IT" and such and such....That is ME BEING ME WHEN I SEE THAT YOU CONFUSE PERSONAL ARTWORK WITH MUSIC MARKETING...it is not wrong of me to get worked up and rail at you and the band. It actually is a way of showing how much I care!!!
Perhaps it is futile of me to fight for this distinction...but I will not stop, cannot stop by marketing mind from reacting negatively when intelligent people like yourself cannot separate personal expression from music marketing. I will defend to my death the fact that your latest band's video, FROM A MARKETING PERSPECTIVE, is a piece of crap and does not reflect your otherwise extraordinary artwork in your web design, your cd covers, posters, whatever.
I am just a passionate guy, and you have to take me as I am...rudeness and all. You make the final decisions. If I was your manager, and you showed me that video, I would scream to the high heavens about how terrible it is....BUT I would leave the decision of posting it on YouTube to you, then go crawl in a hole somewhere, hoping no one knows I work with you.
Again, what you are doing with your blog and your commitment to the daily art creations are extraordinary and are perfect for showing fans et al your creativity as a member of the band. Most of your daily creations are amazing and inspiring and HELP you with your consistent image."
So, there you go...a small glimpse into another chapter of 'art vs commerce'
Take it or leave it.
However, recently we had a difference of opinion, which is cool by the way, about a video they posted on YouTube. So I checked it out and found it to be poorly made, from a music marketing perspective. Here is some of what I had to say to them. My comments are really about conveying a consistent image in everything you do as a solo artist or as a band. Here is what I said to them:
"You have to realize something very different about me. I WAS BORN IN MUSIC MARKETING AND MUSIC SALES. THAT IS HOW I SEE THE MUSIC BUSINESS. So, when I see, what I think is bad image development, I THINK LIKE A MUSIC MARKETER.
I am not trying to stop you or anyone's creativity. But there is a very useful old saying in this business...YOU ARE NOT YOUR CUSTOMER. YOU ARE NOT YOUR FAN. that is very important, and applies to you, You stated in an email to me... "70 percent of the people who commented saying they love (our video) are in the film industry full time"
Well, too friggin' bad. They may be creative people but they are NOT thinking about customers or fans when they compliment 'arty-farty 8 mil.and dark camera work. That is just how I feel, period.
Those creative people are, like you, TOO CLOSE to the business to see it from a marketing perspective. Customers and Fans see things differently. Some fans are picky, some have no taste for creativity, and will accept anything an artist creates..BECAUSE THEY ARE BLINDED BY THEIR FAN DOME!
Now, since you are also posting your daily art work as part of your dedication to communicating with your fanbase, that it is a personal glimpse into YOU...that is fine and I would never suggest you change your artwork, But videos you put out under your band's name are different...those choices are MARKETING.
Also, when I rant and use words like "HATE IT" and such and such....That is ME BEING ME WHEN I SEE THAT YOU CONFUSE PERSONAL ARTWORK WITH MUSIC MARKETING...it is not wrong of me to get worked up and rail at you and the band. It actually is a way of showing how much I care!!!
Perhaps it is futile of me to fight for this distinction...but I will not stop, cannot stop by marketing mind from reacting negatively when intelligent people like yourself cannot separate personal expression from music marketing. I will defend to my death the fact that your latest band's video, FROM A MARKETING PERSPECTIVE, is a piece of crap and does not reflect your otherwise extraordinary artwork in your web design, your cd covers, posters, whatever.
I am just a passionate guy, and you have to take me as I am...rudeness and all. You make the final decisions. If I was your manager, and you showed me that video, I would scream to the high heavens about how terrible it is....BUT I would leave the decision of posting it on YouTube to you, then go crawl in a hole somewhere, hoping no one knows I work with you.
Again, what you are doing with your blog and your commitment to the daily art creations are extraordinary and are perfect for showing fans et al your creativity as a member of the band. Most of your daily creations are amazing and inspiring and HELP you with your consistent image."
So, there you go...a small glimpse into another chapter of 'art vs commerce'
Take it or leave it.
MY DUH 101 Series of short quotes are simple sayings that are aimed at helping the startup artist or band realize some important issues about the music business. They are made up from my own thoughts and ideas, or are quotes from other people I respect in the business, and some brilliant quotes from famous and not-so-famous other people.
I hope you enjoy them, and even if only one resonates with you, that is good. If more than one mean something to you….even better. This is a continuing series, so stay tuned for more to come!
Christopher Knab: FourFront Media and Music 2010
.............................................................................
Duh 101: yes, it takes money and hard work to make a living from your music, and yes it costs more to market your music than record it.
Duh 102: your family/friends are NOT reliable sources to judge whether your music is "good". Best source is a live audience. Play LIVE!!!
Duh 103: trying to get investors to back you is a bad idea.Most have no music biz background & have fantasys about getting rich quick.
Duh 104: when you call a music biz person realize we have "time zones" in the U.S. Check the time in the area you are calling...PLEASE!
Duh 105: Stop asking about how to get signed to a label deal. This is 2009 NOT 1979!
Duh 106: Want an internship in the music/audio industry? Better work your ass off for it. There are tons of unemployed, experienced people willing to take them these days.
Duh 107: 'promotion' in record label terms refers to any kind of "airplay". Traditional radio, Internet streaming, satellite. It is NOT publicity!
Duh 108: 'publicity' in record label terms, refers to things like interviews, articles. blogs, twittering etc. It is NOT promotion!
Duh109: whenever you email a new music biz contact don't write "Wuz Up" or any derivations of this greeting in your introduction to them.
Duh 110: When you talk/meet someone in the music biz don't launch into a LONG story about YOU. Keep it short and to the point. Be Polite!!
Duh111: Don't ask 20 questions when you email music biz folks. We are BUSY and some of us have written books that answer your questions!
Duh 112: NEVER attach music files to your emails. ASK first if the music biz contact even accepts music file attachments. MOST of us don't!
DUH 113: (from Nick Johnson).Don’t ask a FOH Engineer to do sound for your band if you aren’t prepared to give some kind of compensation
DUH 114: (from Nick Johnson) Don’t waste a FOH Engineer's time bringing them to a venue that isn’t equipped for what they do for a living.
DUH 115: FOH stands for " Front Of House" (engineer). (If you didn't know that you shouldn't be playing live anyway!) …Nick Johnson
DUH116: "Just because you CAN record doesn't mean you SHOULD!" Chris Knab
DUH 117::"Don't ask your engineer to take less money because you haven't sold many (any?) tickets to your show"…Matt Shaw
DUH 118: "Don't whine about how the engineer is the only one to make money. If you can't market a show, it's not their fault"…Matt Shaw
Duh 119: W hen you record and release a cover song you MUST get a"mechanical license" from the owner of that song!
Duh 120: a "mechanical license" authorizes songs to be recorded & provides for the payment of mechanical royalties to the owner of the song.
DUH 121: Your CD cover, website design & posters-any artwork you create MATTER. Poorly done, your music will likely never be listened to
DUH 122: When you request to befriend someone on social networking sites, and have 1,000's you follow-you are worthless for true networking.
DUH 123: Mass e-mailings are like bulk snail mailings. Today-target your fan base directly and develop a real relationship with your fans!
DUH124:"There's always a demand for fresh mediocrity. In each generation the least cultivated taste has the largest appetite."…Paul Gauguin
DUH 125:" I never met an asshole in the record business I didn’t like.” Irving Azoff
DUH 126:"“Just because it happened to you, doesn’t mean it’s interesting”...
Dennis Hopper (from the film Search and Destroy)
DUH 127:“Independent labels take nothing and try to make something out of it." Tom Silverman, Tommy Boy Records
DUH 128: " Major labels try to buy that something, and make more out of it.” Tom Silverman-Tommy Boy Records CEO
DUH 129: “Actually I don’t know if honesty is a strength or some kind of weakness.” Ani DeFranco
DUH 130: Anybody who writes songs, records and releases them, and says they don't care if people like them is a liar... James D. Bradford
DUH 131: “In this biz the first rule is never act out of desperation because there is always someone looking to sucker you.”.. Kevin Czinger
DUH132:"In the music business bigger is not necessarily better, In fact, I believe smaller is actually better.”...Chuck Kaye
Duh 133:“Anyone with less than 10 years experience in this business,and starting his own label is going to create a disaster.” Russ Regan
DUH 134:“ Without music, the greatest marketing plans in the whole world don’t mean shit.” Eddie Rosenblatt
DUH 135:“ Without marketing plans, the greatest music in the whole world don’t mean shit.” Christopher Knab
DUH 136:20 or 30 good reviews on MySpace or Facebook, but lousy sales means you are not marketing your music seriously enough. Work on it!
DUH137: Young acts are willing to pay professionals their fee music lessons, management, and publicity but balk at paying marketing experts?
DUH 138:If you have less than 2 years experience exposing your music why are you shocked that you have no national success? Be patient and WORK HARD!
Duh139: Today, the best way to get money from your music is to build a community around your work...make songs people can believe in.
DUH 140:Music fans today aren't going to buy new music they can't hear before buying.If you are unknown give your music away digitally.
DUh:141: Image is everything. Create your band image to reflect clearly what your music/lyrics are all about. Follow your image everywhere!
DUH 142: Everything we see/hear thru the media is a deliberate staged simulation of a prior reality...Ian I. Mitroff and Warren Bennis
DUH143: Every simulation is capable of simulating every other simulation as well as being simulated by them. Ian I. Mitroff and Warren Bennis
DUH!44: The greater the number of simulations a simulation simulates, the better it is...Mitroff and Bennis
DUH 145: The path of the wise is to seek out the wiser. i.e. if you know very little about music marketing, seek out someone who knows a lot about music marketing.
DUH 146: Handshakes are not contracts.Approvals are not a promise, but hidden agendas in the human mind...Baltasar Gracian 1563
Duh 147: There is no glory in cheating an honest man. Better to be prudent than crafty. Be known as one who inspires trust...Baltasar Gracian
DUH 148: Reputations fly on invisible wings & find their way to unexpected places. Let your greatest cunning be in not being cunning. Baltasar Gracian
DUH 149: Sound is a means by which the world enters the body. The ear brings the self and the world together. David Sussman from “Selling Sounds:
DUH 150: Musicians as a rule do not make records. Musicians make music, which record labels turn into records (or music files, etc) Adopted from David Sussman’s “Selling Sounds”
I hope you enjoy them, and even if only one resonates with you, that is good. If more than one mean something to you….even better. This is a continuing series, so stay tuned for more to come!
Christopher Knab: FourFront Media and Music 2010
.............................................................................
Duh 101: yes, it takes money and hard work to make a living from your music, and yes it costs more to market your music than record it.
Duh 102: your family/friends are NOT reliable sources to judge whether your music is "good". Best source is a live audience. Play LIVE!!!
Duh 103: trying to get investors to back you is a bad idea.Most have no music biz background & have fantasys about getting rich quick.
Duh 104: when you call a music biz person realize we have "time zones" in the U.S. Check the time in the area you are calling...PLEASE!
Duh 105: Stop asking about how to get signed to a label deal. This is 2009 NOT 1979!
Duh 106: Want an internship in the music/audio industry? Better work your ass off for it. There are tons of unemployed, experienced people willing to take them these days.
Duh 107: 'promotion' in record label terms refers to any kind of "airplay". Traditional radio, Internet streaming, satellite. It is NOT publicity!
Duh 108: 'publicity' in record label terms, refers to things like interviews, articles. blogs, twittering etc. It is NOT promotion!
Duh109: whenever you email a new music biz contact don't write "Wuz Up" or any derivations of this greeting in your introduction to them.
Duh 110: When you talk/meet someone in the music biz don't launch into a LONG story about YOU. Keep it short and to the point. Be Polite!!
Duh111: Don't ask 20 questions when you email music biz folks. We are BUSY and some of us have written books that answer your questions!
Duh 112: NEVER attach music files to your emails. ASK first if the music biz contact even accepts music file attachments. MOST of us don't!
DUH 113: (from Nick Johnson).Don’t ask a FOH Engineer to do sound for your band if you aren’t prepared to give some kind of compensation
DUH 114: (from Nick Johnson) Don’t waste a FOH Engineer's time bringing them to a venue that isn’t equipped for what they do for a living.
DUH 115: FOH stands for " Front Of House" (engineer). (If you didn't know that you shouldn't be playing live anyway!) …Nick Johnson
DUH116: "Just because you CAN record doesn't mean you SHOULD!" Chris Knab
DUH 117::"Don't ask your engineer to take less money because you haven't sold many (any?) tickets to your show"…Matt Shaw
DUH 118: "Don't whine about how the engineer is the only one to make money. If you can't market a show, it's not their fault"…Matt Shaw
Duh 119: W hen you record and release a cover song you MUST get a"mechanical license" from the owner of that song!
Duh 120: a "mechanical license" authorizes songs to be recorded & provides for the payment of mechanical royalties to the owner of the song.
DUH 121: Your CD cover, website design & posters-any artwork you create MATTER. Poorly done, your music will likely never be listened to
DUH 122: When you request to befriend someone on social networking sites, and have 1,000's you follow-you are worthless for true networking.
DUH 123: Mass e-mailings are like bulk snail mailings. Today-target your fan base directly and develop a real relationship with your fans!
DUH124:"There's always a demand for fresh mediocrity. In each generation the least cultivated taste has the largest appetite."…Paul Gauguin
DUH 125:" I never met an asshole in the record business I didn’t like.” Irving Azoff
DUH 126:"“Just because it happened to you, doesn’t mean it’s interesting”...
Dennis Hopper (from the film Search and Destroy)
DUH 127:“Independent labels take nothing and try to make something out of it." Tom Silverman, Tommy Boy Records
DUH 128: " Major labels try to buy that something, and make more out of it.” Tom Silverman-Tommy Boy Records CEO
DUH 129: “Actually I don’t know if honesty is a strength or some kind of weakness.” Ani DeFranco
DUH 130: Anybody who writes songs, records and releases them, and says they don't care if people like them is a liar... James D. Bradford
DUH 131: “In this biz the first rule is never act out of desperation because there is always someone looking to sucker you.”.. Kevin Czinger
DUH132:"In the music business bigger is not necessarily better, In fact, I believe smaller is actually better.”...Chuck Kaye
Duh 133:“Anyone with less than 10 years experience in this business,and starting his own label is going to create a disaster.” Russ Regan
DUH 134:“ Without music, the greatest marketing plans in the whole world don’t mean shit.” Eddie Rosenblatt
DUH 135:“ Without marketing plans, the greatest music in the whole world don’t mean shit.” Christopher Knab
DUH 136:20 or 30 good reviews on MySpace or Facebook, but lousy sales means you are not marketing your music seriously enough. Work on it!
DUH137: Young acts are willing to pay professionals their fee music lessons, management, and publicity but balk at paying marketing experts?
DUH 138:If you have less than 2 years experience exposing your music why are you shocked that you have no national success? Be patient and WORK HARD!
Duh139: Today, the best way to get money from your music is to build a community around your work...make songs people can believe in.
DUH 140:Music fans today aren't going to buy new music they can't hear before buying.If you are unknown give your music away digitally.
DUh:141: Image is everything. Create your band image to reflect clearly what your music/lyrics are all about. Follow your image everywhere!
DUH 142: Everything we see/hear thru the media is a deliberate staged simulation of a prior reality...Ian I. Mitroff and Warren Bennis
DUH143: Every simulation is capable of simulating every other simulation as well as being simulated by them. Ian I. Mitroff and Warren Bennis
DUH!44: The greater the number of simulations a simulation simulates, the better it is...Mitroff and Bennis
DUH 145: The path of the wise is to seek out the wiser. i.e. if you know very little about music marketing, seek out someone who knows a lot about music marketing.
DUH 146: Handshakes are not contracts.Approvals are not a promise, but hidden agendas in the human mind...Baltasar Gracian 1563
Duh 147: There is no glory in cheating an honest man. Better to be prudent than crafty. Be known as one who inspires trust...Baltasar Gracian
DUH 148: Reputations fly on invisible wings & find their way to unexpected places. Let your greatest cunning be in not being cunning. Baltasar Gracian
DUH 149: Sound is a means by which the world enters the body. The ear brings the self and the world together. David Sussman from “Selling Sounds:
DUH 150: Musicians as a rule do not make records. Musicians make music, which record labels turn into records (or music files, etc) Adopted from David Sussman’s “Selling Sounds”
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