---

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. My name is ......... Recently, I started playing gigs with this singer/songwriter named ............  We are going to record a nine song album next week in the studio and send it to major labels.  For example, Capitol, EMI, etc.  Are there any techniques to make our press package stand out from the hundreds of other packages they receive?  We're going to try to tour on the east coast this summer which means we'll be coming through my "home town" Philadelphia. 

A. First, you're wasting your time sending albums to any major or subsidiary:
 
A.  Majors don't talk to Artists.  If YOU send them stuff, they'll either toss it or send it back "unsolicited".  You have to have a major Manager, Attorney or Producer present you to them. 

B. Majors [and major Managers] are so paranoid re: signing people, nowadays, they'll rarely sign an Artist that hasn't sold 50,000 on their own through an Indie or self/label.
 
The answer?  Start your own label and work it and your music like hell!  Play gigs, bet a big buzz going, sell a lot on your own - and the majors will come to you - which is better, because then you'll get a much better deal, than you could've otherwise...

-----

Q. Hi, I came across your website while searching for some answers.  My question is about recording copyrighted songs.  Our church praise band would really like to start doing dome recording.  However, we do not have enough of our own material right now.  We would like to record some of our versions of previously recorded, or copyrighted songs.  How does one go about obtaining premission or a license to do this?  Any help will be appreciated.

A. Stolen" from my Music Biz Tips: http://www.professorpooch.com/Blog.htm
 
---

Music Biz Tip: Legally using “O.P.’s”/“Cover Songs”
Cover songs = songs written/performed by others

Artists/Bands: Once a song is released by an Artist, ANYONE can record and/or perform it as long as you don't change the melody [much] or the words. It is Copyright Law [“Compulsory License”].

1. If you are NOT using the song to sell anything/make money from it:

Don’t worry about it - just use it.

2. If you DON’T change the words and or melody, and you’re going to perform both yourself, that is, you are going to re-do the instruments AND the vocal, :

If you ARE going to try to profit from it, they cannot turn you down, but you need to notify the owners of the song - that is, the Publisher, so they can issue you a license.

To find the Publisher:

A: check out- http://www.harryfox.com/index.jsp . This is the address for the Harry Fox Agency that represents a good deal of the Publishers.

B:If they don’t have it, and if you know that the company is either BMI, ASCAP or SESAC, check their web sites…

3. If you’re going to use the original recording, that is, you are going to use EITHER the original instruments and/or the vocal:

You must get permission from the Record Company - and it’s going to cost you. This includes rappers and other types of music where you’re going to make a loop from the recording.

AND, you’ll also still have to get permission from the Publisher, following #2 above.

---

I hope that helps  :)

-----

Q."Hey my man, how's it goin? I've got a question for you that I hope you can graciously answer. I've been looking into certain clubs and bars to play, at an open mic night. I was just wondering if you could tell me if there's any chance of a record label represenative being there. I mean, I know you have no way of knowing this question. I was just wondering what the chances were of thereactually being something going on like that?

A. Good question - seriously!

Record company people - are people [believe it or not] and like to drink and party like the rest of the population.

I was at a bar years ago with the Senior VP of promotion for Columbia - we just happened to stop in there. It was early and we were the only 2 people there - except for a band... And the Band blew it by thinking, oh well only 2 people here, we'll go through the motions. After he left I went up to the band and gave them hell! You ALWAYS play the same way!!!

Now, to answer your question - as you see, anything's possible. And yes, I know music biz people that go to "Open Mic" nights looking to see what's "out there". I do sometimes, when I have a chance. Actually I threatened one Mic Night leader that I may get up there and sing a few - and I haven't been a performing/recording artist since the 70's! :)

-----

Q. I discovered your website today in an attempt to help my talented daughter pursue her singing, songwriting career. We are in ...........,OR and I don't know if you can offer me any "free advice", but...she has been writing songs and singing hip hop/pop..all original. She is able to write so easily. She is finally hooked up with a couple different rappers that she sings with and she now has "group songs"as well as solo songs.. Her goal is to put out a CD, and somehow make a living in music. She is also very interested in someday owning her own promotion company and helping promote other artists.. What is your advice on the nextstep. She needs someone to organize her .. She also needs someone with clout and expertise to listen to her music and give opinions and advice.. How doI go about finding her an agent to represent her, or is that what she needs? These people are mainly in California, I presume..any direction? I am willing to put my time and energy in because I feel she is talented and at least needs to be heard.. Where do we go from here? ------ Lisa Hall(frustrated mother in ..........)

A. Hi! I understand completely - I have a daughter in the same category:). She now works with me, so that she learns "How to Get In, Survive & Succeed - Without Getting Ripped Off!"

The most important thing is for you, as well as she, to know how the music business operates - so you don't get ripped off! I spend too much time and other people's money trying to get them out of bad situations - either they signed things they shouldn't have or didn't sign things they should have - either way being "used".

To make a long story short, please check out: http://www.professorpooch.com/Special.htm - it's what people spent $4,000+ for to take all my courses I developed and taught at ............ . It'll help the both of you immensely - it's the music business in very simple, down-to-earth language at a ridiculously low price. She should especially read my complete "Artists & Management" as well as the "Songwriters & Publishing" courses.

There is also a lot of free info on my site [link below] under "The Free Library" and my "Journal".

Also, I represent people throughout the United States [and France and England, at the moment], so I can help you/her if you run into ANY situation you don't understand or know what to do.

I'll also listen to a few of her songs via mp3 or CD and give my opinion. BUT, it doesn't matter how good she is if she goes down an unsafe road... You shouldn't be "Paranoid" - but you Should be cautious andwell-prepared.

Btw, you'll see a picture of my daughter, Gabrielle, and I on the inside "Home Page" of my site.

-----

Q. I have a question about registering with BMI. My business partner and I just registered 2 of our songs with BMI. I just got an e-mail from BMI saying that someone else registered our songs under their publishing company. They used my partners name as the sole writer (which we both are writers and i have form stating that from copyright office) and put them as the publishing company. I do not know this guy who did this very well, i have just heard about him. But what can i do about this? I feel like he should get in trouble for doing this with NO permission. He would have had to have written consent from us right???? I mean if not then anyone can steal publishing right with BMI. Please help me with this. I got the man's email address and wrote him already. What options do i have here?

A. 1st option: Tell him unless he corrects this misinformation and puts your name on it, you will notify everyone involved with any recording of thesong[s] - which will stop them from putting it out - they'll be afraid of law suits. Tell him your attorney knows about it and will put in an injunction to stop any recordings from going out and spreading the word about them in the industry.

2nd option: hire an attorney to do this.

-----

Q. Can I record my first demo at home or I must do it in special studio (if I want to send it to find a manager)?

A. Hi! It depends on the quality of your home equipment and your "ear" as a producer - and it depends on the quality of Manager you're trying to get...

-----

Q. Question #1: A reality-based TV show music supervisor (for an MTV project) wants to use one of my songs and has offered to pay a fee based on an "all/in broad" license. What does an "all/in broad"license include? And would that fee being paid be on a per show basis? In other words, if they used the same song on multiple shows, would that same fee paid be for all shows once or for each show individually, under an "all/in broad"license?

Question #2: What is the range for an expected fee range for a new reality-based TV show's usage of a song?

A. "All-in" can mean what they want it to mean - but usually means YOU pay the record producer, whomever to make the recording, etc., out of your monies. Therefore they pay you a fee, and you pay the others responsible for helping you, if applicable.

"Broad" usually means for anything they want to use it for, and can mean 1 showing, 30 showings - around the world - in any market. "Broad" - means any use they want it for...

Often, for new writers/artists the fee is very low. On a broad scale, the fee's could be from "free" - to $6,000, or so.

I'm sorry to be vague, but I'd have to see the contract they give you. Then I could tell you what THEY mean by using '"all/in broad"license'.

There are plenty of other issues in TV & Film licensing, such as having "exclusive use", "exclusive use for a period of time", "non-exclusive use", etc., your name appearing - lots of things.

All in all, I'd have to see what THEY say in their contract or license, to you, etc....

-----

Q. I had a question.....I was recently offered a record deal by an independet label. I don't know much about the music industry, and i wanted to ask if I should sign it, or if I should wait and keep trying to sign with a major. Also, what are the usual artist and publishing advances for making an album. I'd really appreciate any information.....thank you verymuch.

A. With Indie's there is almost no advance for ANYTHING, including recording costs, though some will pay for that if kept low enough. They will want 1/2 your Publishing, most likely.

However, nowadays most Major's are paranoid re: signing a new act, waiting to see how you do independently or with an Indie. Then they'll work a deal with the Indie or you at that point.

Another alternative is to create such a Buzz and draw so many fans to your performances they might take a chance. Or, being signed through a major entertainment attorney or powerful Manager can help.

The key here is what you said yourself: "I don't know much about the music industry." Well, you better learn the Industry if you want to get in, survive and succeed - without getting ripped off. There's plenty of info on my site, plus check out: http://www.professorpooch.com/Special.htm whichwill give you a good picture of the entire Industry and how it operates...

-----

Q. I just found the site and love it.... Are there any license requirements to book for an Artist who has not signed with a record label (an Independent Artist)? Are there any papers to file?

A. If it's just one band, don't worry about it. Now, if you want to do it as "a business" with many artists, you will need an "Employment Agency License", depending upon the state you're working in.

Funny part is, it's the only part of the Music Industry you need a license...

-----

Q. We just ........ see it when it was finished on paper. He decided to take it and add a few lines to it (only 2) and put a different beat to it. But then he wanted to be co-writers on the song. Well at first we were mad, but then he agreed to give us 50% publishing too, so we said ok.

Well, this week he finally got us acontract, which was a Collaboration agreement. I have never seen one of these and the way he had the pecentages where all wrong. I felt a little betrayed over this and decided to speek my mind. Well he knew that we could take the song back cause there was no contract signed yet, he said that we can word it any way that we felt comfortable. My question is, is what is a collaboration agreement for and do we really need it? He said that we will be signing the mechanical contract soon and that will explain all the percents and how we get paid, but this whole collaboration thing ticked meoff. Isn't a collaboration agreement basically saying how much righteveryone has over the song? He had it on the contract that he did 50% ofmusic and 25% fo writing (which is bull), then he had each of us 25% (whichequals 50% total). Doesn't that give him 75% which is more control overthe song????? I need to know where to go to find a basic collaboration contract so i can go by that.

A. First, did you register your copyright? Do you have a Publishing Company?
Forgetting that, you, as owners of the song have the say about who records it first [after that anyone can do it - "Compulsory License"]. I always believed if there were 3 writers, it should be split 33-33-33 -writing and publishing. You can tell him take it or leave it, if you wish. There is also the signing of the song to a Publishing Company[Songwriter's Agreement] - THAT's the contract that should happen - stating the split.
A collaborator's agreement could be used [basically a mini-partnershipagreement] stating the split between writers.
Tell him 33.3 split evenly or forget it. Btw, his changing the beat, rhythm whatever is ARRANGING - not writing.
If you want me to represent you, I will...

-----

Q. i am an artist who is trying to record an album. I am dealing with aproducer who gave me a Production contract to sign asking for 100% of mechanical royalties on songs that he writes and 3 points after recoupment. what does this mean and is this a good deal? If so, what if he cowrites on songs that i write, should i change the contract to reflect this?

A. I'd have to see the whole contract - one thing one place can be altered by another thing another place.

Another question is, is he going to get you a "deal"?

Co-writing needs to be 50% split - writing AND publishing. And, you need some of this if you want to make any money.

You need someone who knows MUSIC BIZ contracts to look at it. I'm about half the price of most attorneys. I'm NOT an attorney - I'm a music biz contract specialist. I teach attorneys as well as many others "Entertainment Law"...

-----

Q. Hello, My name is .... and I am play for the band "............" out of South Jersey. We are currently looking into taking the next step with our music. We aren't exactly sure what we need to do that. I have been reading a music industry book that is telling me to start looking for a manager and a team of people to help us along our way. We wanted to ask you for your assistance in this. Basically we are a rock band tryin to get out of jersey, get on a label, play some big shows, and possibly make some moneyin the mean time. If you could get back to us that would be great. If you wantyou can check out some of our old music on our myspace. Once again these recordings are about a year old. We are currently working on a new epright now. It would be great to hear from you, and your opinions on what weshould do/not do. Thanks you for your time.

A. I have listened to your stuff - you're close - and yes, I realize your recordings are older, and a year later I'm sure you're even closer.

In my opinion, even before you look for a Manager you should really learn the biz, get everything together such as your Publishing Company, etc., and even think about starting your own label - majors & their subsidiaries don't sign artists anymore til they're already selling a half decent amount of stuff on their own. If you get your shit really together beforehand you'll be able toattract a more "big time" Manager. Signing with a Manager is a big step, because you'll be tied to him/her/them for up to 5 years or so - so they have to be the right Manager.

I personally don't Manage Artists but I guide both Artists and Managers, etc. What a lot of people do is use me by the hour so they don't have to sign "their rights" away, right away - and I can preserve your rights. I will always answer your direct questions on the biz for free, here.

----

Q. My friend and I wrote a song which a newer singer picked up. They said that we will get 50% of the publishing and 7 cents on royalties. My first question is, do we have to get our own publishing company to collect the 50% of the publishing or can we still collect them as just being writers? We both are registered as BMI writers, and were looking to start our own publishing company soon, but wanted to wait till the we had more money set aside.


A. NP - you can receive publishing royalties without having a publishing company. They need to issue you a "Co-publishing Agreement" stating what needs to be stated, so that you are covered. I can handle the ontract stuff if need be...

----

Q. Hello. I really need a lot of help. I want to know exactly what all do i need to become a music producer. I was told that all i need right now are:

1) magix music studio 10 deluxe pc sequencer
2) condencer mic w/flat frequency response
3) keyboard
4) e-mu 1616m firewire audio interface
5) 2 nearfield monitor speakers
6) yamaha aw1600 16-track digital recorder

Is this really all i need to get started? I don't really know anything about any of this equipment because i am brand-new to this. I really don't know what to do at all yet. Could you please help me out with this?

I am already a great songwriter. I want to produce r&b, hip-hop, andpop music. How do i go about doing any of this? I don't have anyexperience at all. I would really appreciate your help. Could you please let me know asap....thanks.

A. 1st of all, I can't tell you about the equipment - technical people will be able to tell you if it's enough to do fair, good or great recordings. And realize, it will take you time just to learn the equipment...

Most importantly, that equipment has nothing much to do with you becoming a producer. Yes, it will help you do beats or make tracks - but that has nothing to do with becoming a producer. It just helps you to record your songs.

Please check out http://www.professorpooch.com/Producing.htm

-----

Q. I'm a rock musician from Europe and planning to record my first 2 songs. It's nothing new with this plan and the internet has enough resources to get the basics, but I don't see clear as for the proper start.

(1) What PRO [ PRO = Performing Rights Organization] is better to join if my goal is only online distribution (local or BMI) ?
(2) Is it enough to join only SoundExchange, besides PRO, if I have online distribution ?

A. re (1) - I would join BOTH, because, what happens if someone picks it up and starts playing it on radio here [USA], there, wherever, you'd like to be paid for it, as well as being listed with a major PRO makes you"legitimate" to people.

re: (2) It depends WHERE/what site you are listed on for distribution. See how whatever site you work with accounts to you. But, I would join both Soundexchange and PRO anyways, because you never know...

Archives #3

Ask Home