Ask Music Business Questions

Ask the Professor - Archives #1

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,

The fact that I have found nothing on this issue anywhere on line either tells me that this issue is not a problem or I am not looking in the right area or asking the right people.

Is it legal for someone to make a home recording cover of an artist's song if the reason for the recording is not for profit of any kind. Everything I've read has been concerned with selling the recordings as a CD and such. I'm simply talking about recording these songs simply so your family and friends can hear you play and sing.

Additionally, can such a recording be placed on the internet simply for convience for the distant family and friends.
This is something that I am looking into and would love to do. If this is legal I would love to do it, if it is illegal in anyway, then how do I go about it legally?

Is stating my purpose and recognizing the artists and their work on the website enough or do I need to do more?
Just to reiterate. I would be receiving no profit of any kind from these recordings and I never would for these recordings.

A. If it's not for profit of any kind, and you place it on your own web site, in a private section [in regards to posting it], you probably don't have to worry about. Just keep in mind, some people will sue over anything. The rule of thumb is covered in "AskArchives1" under Music Biz Tip: Legally using “O.P.’s”/“Cover Songs”

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Q. I'm the frontman in a rock band. I am the primary writer - i write all the lyrics and vocal melodies, and about 75% of the chord progressions that form the backbone of our songs. I have a very creative band that come up with signature creative parts, melodic and rhythmic hooks, and sometimes a bridge here or there. How do other bands like this split up publishing amongst the members?

A. Hey: Going by the above, you are the writer [words & melody], they help with the arrangements. Publishing can be all yours or split up among one or more of the members. To keep harmony, you can take the writer's royalties, and the publishing royalties are split between you and the other contributing members...

Chord progressions, although I believe they're very important, constitute Arrangements - not writing...

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Q. Hello, I have a question. I write a lot of songs by myself and bring them to the band. And they put lead guitar etc... to them. Should I just copy right them in my name, or the bands name? If its just my name~why? And
if its the bands ~why? The band feels it should be the bands name cuz they are performing the songs and paying for recording time etc... I am torn to this decision. What if we break up and years from now the songs
are making money? Thanks~Jesse :)

A. As in the previous Q & A, , legally, you are the writer and they are the arrangers... One way to solve this and keep the band happy is: You get the writing and those proceeds, but the band [including you] split the publishing proceeds...

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Q. Question: In one of your answers to a question in your archives you wrote the following:

A "quick question"??? lol Here we go with some initial points before I get into it song by song... 1st, the "Songwriting", by copyright standards, is just the melody and words. Everything else, is arrangement and production. "

My child is working with a composer/producer and so far they have completed 3 songs. On each of the three songs to date my child has come to the composer/producer with all of the lyrics and the melody. The producer has written additional guitar, drum, and bass scores as well as producing the finished sound of the songs.

The composer/producer is employed by the studio and we pay for studio time as well as the drummer's time. We sign a contract per song and document the songwriting percentages so their will be no issues if they ever earn any money. We are struggling with what are the acceptable practices in the industry related to songwriting credit and establishing those percentages. It sounds like from your answer above that my daughter should get 100% of the songwriting credit even though the composer/producer wrote the supporting guitar, bass, and drums scores. What are the best practices in this area? We are also aware that as the producer he will get approx. 3% if his version is what actually is mass produced. From your answer above it sounds that his contribution to the song will get rewarded as part of the money he will get as the producer. Is this accurate? Thanks for your help.

A. My question would be: Did the producer change any of the melody or the words? If he DID, and it was significant he could share in some of the songwriter's royalties.

If not, in that the Producer is employed by the studio [and I presume, therefore, getting paid by them], he is not automatically entitled to any of the songwriter's monies.

A further question becomes - who is the PUBLISHER??? The Publisher is the OWNER of the songs. In that you paid for the sessions, in effect you should own the song [publishing (c)] and the production (P), with the producer possibly getting 3 points from a record company if his version is used.

An equitable solution may be to have your child, in this case, get all the songwriting money, with the Producer possibly given 25% of the Publisher's money. You will need to save some of the publishing for the record company - who will undoubtedly want 50%.

In any case, I will be happy to represent you and your child and write/negotiate any agreements with the producer or whomever any that becomes necessary. Your child should also have his own Publishing company to protect their rights and allow you to deal from strength.

Also I recommend that you and your child check out the following so as to get a really clear and simple education on the Music biz and how it operates: http://www.professorpooch.com/Special.htm It includes a songwriting/ Publishing course and much more.

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Q. Hey professor, I have an interview with Atlantic Records, and if I happen to sign with them what are the least amount of retail points should I take as a new artist?

A. It depends on the rest of the Agreement. Minimum 10 points. What most Artists don't keep in mind, is what just as importantly - what you keep besides. Let's face it, you'll rarely see any of those points unless you sell at least 500,000 copies. Be just as concerned about Publishing and Merchandising; and of course promotion - which will be nowhere in the contract!

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Q. Ever since my artist was on T.V. people are calling me to manage their careers, too. I just got into this because of this talented singer who I just want to be successful.

A songwriter asked me last night what is the name of your managing company?:)

Is it very complicated to get a small managing company started? As of late I'm getting all kinds of writers, producers etc.. that are in the biz. And I know you will be there as well:)

Is it necessary to have a company name when we are approached by record companies?

A. You don't need a company name. Just say you're a/the Manager. When you look like you're going to start making real good money, then, yes, "incorporate" your name or establish a company.

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Q. Record companies that consist of R&B, Hip Hop, Pop, Rock. The A&R Administration department is a very interesting area. I understand that we must all start from the bottom up, and I am willing to do that. I am now currently working for my Dad's corporation in Dallas, TX. I just turned in my two weeks notice. I saved up my money and I am going to Miami and New York to find a job in the music industry. I am only telling you my story, because I want you to know how serious I am. Failure is not an option for me. The only way I can succeed is if I take the risk.

Once again, I want to thank you for your book and your poochisms..They are great!

A. Glad you liked them!

In actuality, the easiest ways to get into the A&R end nowadays are:

1. To bring companies an amazing recording artist[s]. Otherwise, with all the firings going on with all the record companies the jobs are really hard to come by.

2. Start your own Indie Label, sign amazing artists to them, sell a good deal of records and create a "buzz" for the artists, and then follow #1 above

3. Become a Manager and follow #2 above...

Understand that A&R people's job in companies, nowadays, unless you are at the top, is to coddle artists for them. You'll have no power, in reality. You could do the same thing as a Manager with more satisfaction...

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Q. When I die, Who will own my registered copy righted material? Family members? If the songs are still making money, can family members make the money?

A. Yes, your family members - Copyrights are good for your life + a minimum of 50 years.

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Q. What does a record producer do exactly? Is this the same person that is listed as a producer on a cd~if not what
does this producer do also?

A. It depends on the situation. A producer may be in charge of everything all the way up to the final mix - way too much to list everything here. Please check out: http://www.professorpooch.com/Producing.htm

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Q. I asked you a while ago about what to do with my cd. I am trying to get noticed. Is the bottom line to get a music lawyer or a powerful manager to hear it? It is an all acoustic cd. My goal is to have labels hear it and see if they like the idea of the songs and want to have me re-do them with percusion etc...or I want to sell them for other artists to record. Any suggestions?

A. Yes, get a music lawyer or a powerful manager. Otherwise start an indie label and push it yourself - when you sell 50,000 they'll come to you. However, keep in mind that a major label will rarely ever sign anyone without showing what you can do with an Indie. And, many major managers won't be involved with you, usually, until you sell a lot or get a deal on your own, or create a hell of a buzz in at least one major city/region.

Re: selling to Artists, you will still need a music biz attorney or powerful manager or a publisher who will listen to you.

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