Ask Music Business Questions

Ask the Professor

Here's your chance to ask an experienced Music Business Career Guidance Counselor any questions you have related to Music Or The Music Business

Send Your Music Business Questions to:

TheMusicBiz@professorpooch.com

Q. Hey Professor, hope you are doing well. I have a quick question for you. After I get my publishing company through BMI do I need to get it copyrighted or any thing?

A. Hi! Get WHAT copyrighted? :) The SONGS get copyrighted. If they were copyrighted before you got your Publishing Company, you can re-submit them with the Publisher now being the owner ["claimant"].

Check out: http://www.professorpooch.com/Copyrighting.htm

-----

Q. Hi Professor Pooch, I was looking on your website for information regarding, "How does one go about getting a manager?" Do you go over this on the cd you have for sale?
Thanks for your time Professor!
Rachael

A. Hi! Yep! It contains, among other things, my full 10 week, step-by-step, easy-to-understand, down-to-earth "Artist Development/Management Course", that I developed and taught at the Art Institute of Philadelphia - where my book on the biz was required reading...

The course covers both sides - the Artist's side and the Management side, which in effect also teaches you how to Manage an Artist - or at least know enough about the biz to know who to look for and what you expect of a Manager re: your career.

I always believe everyone should know both sides of the biz. Just like my "Songwriter/Publishing" course, and my "Producing/Production Company" does as well as my 300+ page book... And they're all included in the Disk..

If you have any further questions, give a yell :)

-----

Q. They are telling me that any money made should be split 70% to me and 30% to the Manager. Is this reasonable? I thought it was about 15% nowadays...but then I don't really know. Also, what should I tell them all they should do. They are an individual from a church and she has made up a list of things she will handle. Shouldn't she pay the bill for any CDs produced/studio time, etc.
Cathey

A. Hi! 20% is the maximum - because it comes from the gross! Re: money, Manager's often put out the money for things to speed up and help the process, but they aren't obligated to...

-----

Q. Hello David,
I was visiting your website and found it to be very informative. I do believe i'm going to purchase your book. In the mean time I was wondering if you could answer something for me. I'm a songwriter solely don't sing or produce. I'm teaming up with another writer who has her own publishing company. Now i'm new to the business side of things and want to put myself into a decent situation. She asked me what type of splits i was looking for naturally i figured 2 writers should be 50/50 split on the writer side; i know she'll get her separate cut for publishing. She then posed the question of most writers don't equally contribute to songs so there needs to be a laid out arrangement to equally represent the writers contribution. For instance if i write only a verse and a few lines that wouldn't be 50/50 but my question is how do you then figure out the splits for these situations? There is no way to know which part of the song will make it a hit on the front end. I also posed to her the issue could arise that i write only a hook and the label might only purchase the track and the hook and not even use the verses so again what would happen in that situation? any help would be greatly appreciated i'm reading 2 books simultaneously the music powers that be and everything you need to know about the music business. But i still haven't found a solution to my problem. Thank you kindly.
Anitra

A. Hi! It's very simple - you split the writing and publishing 50-50. I don't deal with people unless they split evenly...

Who's to say which words or notes are the most important??? It's the final product that works or doesn't. And, maybe you'll write more in one song and they'll write more in another... I've given half for one song where all they gave me was a few hook words - but it made it so I was inspired to write the rest...

Btw, by checking my site, you'll see I use common sense :) You'll find my disk with book and courses to be down-to-earth in easy to understand language - and I always answer direct questions by email :)

-----

Q. Professor Pooch,

I have been a songwriting guitar player for almost 8 years now. My project is nearing completion and I've run into a situation that I need advise about. several months ago, I was approached by a band and they asked me to join, I was hesitant about the idea because of the ages of the other members (15,15, and 17), I am 25 and wasn't sure how long it would take for them to reach my "level". I joined anyway, because I thought I would be able to teach them a bit and help them out in other areas. They already have about a CD's worth of songs, and I have the ability to record in my home studio (nothing elaborate, but it gets my ideas on something tangible). Our obvious first step was to start recording at my house so that I could start learning the songs on my own time. 1 of their songs leaped into my ears, so I started with that one. What they originally recorded was a generic drum machine track, a very sloppy guitar track and the vocals, on my own time I re-arranged the "interlude", re-recorded the guitar and added a simple bass track, later on, I arranged a drum machine track with the help of the drummer. They all loved the final mix, and started pressing me to do the same thing with all of their songs. I eventually grew disinterested in the project and the bands current leadership and decided to call it quits before I worked on anything else for them. My problem is that I have fallen in love with the one song that I did do for them and expressed this to them in our last conversation. The leader (also the sole writer) agreed to split ownership of the song with the condition that if they ever hit it "big", I don't ever want to see any money for it, I just want to be able to put the song on my own CD, and vise-verse, as long as proper credit is put into the CD booklet. We are all on very good terms with each other and I plan to help them in other areas of music, without actually being a member of a band, but is there any way to go about this while keeping both of us protected (contracts and such) and both of us happy? Just to clarify, they wrote - a four chord progression (prominent throughout the song), lyrics, and the vocal melody. I wrote - the guitar melody (compliments the vocal melody nicely, but not the same), guitar solo, and I recorded/mixed the final version. Also, what if I wanted to change the lyrics a little or alot to better accommodate my own style. Any information would be helpful, thank you for you time.

A. Hi! It's not a problem at all - I can explain it to you, plus do any necessary contracts...

Actually, once they release the song to the public, commercially, you don't even have to have their permission - they can't turn you down ["compulsory license"]! But yes, they'd have to issue you a license - so they get paid :)

Also, you DID contribute to their "sound", and if you produced the session for them, then you should also make producing %'s. And you CAN ask for some of the Publishing for helping them put the song out...

Re: changing the words, they CAN turn you down - but you can handle it through the contract

You might also want to check out: http://www.professorpooch.com/Special.htm

Hope that helps...

-----

Q. Hello Mister Pooch! Help!! I have a rather delicate issue to clear; I
suppose in this section who doesn´t? Anyway, just recently I have been
working with a singer who brings a lot of songwriting inspiration to our
rehearsals/recordings. Infact, I am writing songs for her, so without
her there would perhaps not be the existence of these particular songs!
The thing is I am writing the music and the text, which I believe
renders me the sole owner of the song copyright. But she got a little
shirty and declared that how she sings, her presence and 100%
involvement must constitute for some percentage of the songs! My feeling
is, it´s kind of like the sculptor´s model demanding money from the
sculptor for inspiring him/her! Of course, she is no session singer, it
really is a special songwriting situation where over the last months I
really got close to bringing out her special traits. But what should I
do or say that might alleviate the pain?! It doesn't seem fair but
should I give her some rights just to keep her quiet? Seems crazy! This
all seems a little premature as we are just beginning with this
partnership, but I suppose it´s better these things come out now! She
could of course have a take in the publishing. But what does the
publishing really cover? Her main point is, where would her money come
from? Live performances? Infact, as the front face of this partnership,
would she anyway obtain higher performance fees than the rest of the
band; when there is a band? I´m sorry if this all sounds a little
juvenile but we are beginners in this area! I hope you can enlighten me
on some of these confused issues! I thank you for your time and give
praise for your excellent service and patience! Kind regards, Leonard :-)

A. Hi! The legal situation is: you wrote the songs. However, as you stated, you can split the publishing with her - and with other band members as it comes up...

Or, you can also give her 25% of the Songwriting - for inspiring you. In actuality the proceeds can be split in many ways - whatever you agree to :)

Yes, she would make performance monies - live or recorded.

Re: what Publishing covers. Think of it this way: the Publisher is the business end for the songwriting and is usually split money-wise, 50% songwriter - 50% Publisher...

-----

Q. Hi. I am a drummer and it is disheartening to work with some people who don't want to share copyrights on songs. The way i understand it is since I am a drummer and I do not write the lyrics and melodiess that I am entitled to nothing.

What if we are all in the room together and a songs comes together?

Also if the song is done and lets say the bridge is not working yet the band all together fixes the bridge and the song works would I then deserve song writing credit?

Any info on how a drummer can be included in song writing woulr be great thanks for you time

A. Hi! By copyright law you are an arranger - not a writer... BUT, often, the songwriting is split between the band members - or at least the publishing money... It keeps peace in the band...

-----

Q. Professor,

We are working on a music project and we have 5 songs completed out of 10. Two songs were written by my artist, one is of public domain, 1 cover song and one was arranged by a songwriter.

My question is this, when is the appropriate time to register the two songs written by the artist with a publisher and who would own the masters? The public domain "blessed assurrance" is very unique the way my artist sings it, what can I do to help my artist to compensate on his rendition of the song?

Thanks in advance professor.

A. Why hasn't the Artist [or you] formed your own publishing company?
The owner of the master is whoever paid for it :)
The artist's only compensation for public domain stuff is for live performances and sales of recordings

-----

Q. I provide instrumentals; verse/chorus/bridges complete with chords, leads, 2
guitar parts and drum tracks to 2 muscians that add a bass line and violin line. An 8 track
recording of this instrumental is then given to the singer who provides the lyrics and vocal melody. I understand this to be a joint authorship between myself and the singer, and
beleive the credits should be that I own 50% of the copyright for the original instrumental, and that she owns 50% of the copyright 25% for lyrics and 25% for vocal melody. The musicians are considered in the publishing for the recording, but not for song writing. The singer beleives she owns 75% of the copyright because she feels the vocal melody defines the song, but the vocal melody is written AFTER the music, so I believe it is following
the melody that I have already provided with the underlying mood, chords and song structure.
HELP!!!!!!!!!!!!!!!!!!!!!!!!
Thanks!

A. Hi! In actuality, what you've done is considered "arranging", not writing - unless you've given her close to the lead vocal line in your arrangements. BUT, in many cases nowadays, especially R&B and Rap, the "Beatmaker" [arranger] and the writer usually split it 50-50. The musicians are usually considered as part of the arrangement - and are paid in cash, and don't receive publishing, unless part of the group...

-----

Q. Hello :) My name is Chris ------. How are you? I came across your website through a link on The Michigan Musicians Network. First of all, thank you for all the information you provide for free to folks. I have already made use of your copyright info. Second, I have a question...but I'd like to prefice it with a statement.....I have been performing around the midwest for a few years and have recorded and released two albums, however for a good part of this time I rejected all that was "business" related until I realized it was the next step for me. I am soon to be a father (within weeks) and I would love to work towards supporting my family doing something I truly love. so, I have just recorded two albums (yet to be mixed and mastered, or packaged and produced) and I am researching what the right path is for me. One album is a under my name, and the other is with a project called "A Story Told" I am very happy with both projects and believe them to be what I want them to be. I want to send these albums to radio stations to be played and to placs that will review them. So, my question is, What is the best way to present an album so it will get a chance in the sea of albums.

I suppose I could have just asked you the question, but then you wouldn't know anything about me at all and that would be boring :)

Thanks for your time and peace to you,

A. Hi! 1st of all, if they are "chain" radio stations - like Clear Channel - you're wasting your time - they only play stuff from Majors. You can get Internet and indie stations to play the stuff, especially if they have a "locals" policy - go thru MySpace for this.

Re: reviews, and the like - it's hit or miss - unless you have a great "hook" - something about you that will make them listen to it. But I would get them mixed and mastered 1st...

Btw, You might run into problems if you hand both in at the same time - only send one at a time - whatever one you believe they will listen to - because you've hooked them in...

-----

Q. I don't want to be too long winded, so here goes. In the beginning of anyone's music career it is sometimes difficult to account for sales of independent (unsigned) work. But it is also stressed as a point to be able to show that you were able to make sales of your music on your own. I am sure you are aware of the promotional tool in Hip-Hop/Rap known as the "mixtape." Because the instrumental music on this CD is sometimes taken from songs already done, many artists, including myself, feel that putting a barcode on the CD will cause legal ramifications later on down the line even if it does serve its purpose
as a tracking tool. Is there any way around this "problem" or do we have to simply not have the ability to track these sales because of the musical content? Thank you in advance.

A. Hi! The way to do it legally so you can use a barcode? Answer: Get permission from the Publisher and Record Company for the songs/recordings. Publishing license is easy to deal with and costs you nothing until you make money. Record Companies might want cash up front...

-----

Q. hiya..

ive been reading your posts for a while now and your advice and facts about the industry have been really informative....you put alot of work into what you do..and do it well! =)

just had a question for you..because you may have run into this before.. a band gave me thier cd to listen to and possibly play on my radio show.. but Im not really diggin' the cd.. How do you react to this? Tell them? Ignore them? Maybe give it to people at the station and hope they like it? If your not sure..no worries..

thanks for you time!

A. I understand completely :) The point you always want to remember is: you're putting YOUR name on the line by playing it, representing it, or whatever - and, if they're good they HELP you and if they aren't good - that reflects on you, too!

The simple answer is to find a way around it - like: "sorry, this just doesn't fit in the format", or "I'm backed up with CDs for right now" or whatever..." [for example]

-----

Archives #1