Ask Music Business Questions

Ask the Professor - Archives #3

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. I have a quick question for you regarding songwriting...I am a producer and also an artist and recently I decided to do some work as a side project with an old friend. I was originally going to produce a song she had already written herself, as a friendly favor, but she changed her mind and just decided we should come up with something new. I drew up a contract saying that anything we wrote together would just be split 50/50 publishing and copyright between us, but she never ended up signing it. Nonetheless, I've learned that it's hard to decide "who gets what" before you even know "who contributed what," but I also know the importance of putting things in writing "before it's too late."

The music I produce is very high-end, Janet Jackson-esque production, so the production surrounding the lyrics/vocals is often more important than the vocals. Anyhow, we did two songs, and she contributed to 2 more...

1. The first song I programmed all the rhythms and wrote/programmed the music with her in the studio, just asking "is this cool" or "do you like this sound?" She did not write any of the accompanying track. We brainstormed a couple melodies briefly, but I arranged the entire melody and wrote 90 percent of the lyrics when she was not present...She came on a later date and helped me fill in a few holes in the lyrics and tie it all together.

2. The second song, except for me laying down a basic kick and snare rhythm with sounds she liked, I came up with all the music and production with her not present. I also came up with the melody, and we're in the process of finishing the lyrics...She didn't like what I wrote, so I'm waiting to see what she comes up with.

3. There was actually a 3rd song which i had conceived/written/produced all without her for a major project I'm finishing, but I thought it would be cool so she and I came up with some poetry that she reads in the background.

4. Finally, another song that was already complete without her involvement, I just let her sing backup.

So...In terms of the two new songs, are there any rules or guidelines for splitting song ownership between a writer/producer and another writer? Do I need to split 50/50? I know that in Nashville traditionally music was split evenly by whomever is in the room when it's written, but does that go for top forty pop stuff as well? I do feel her involvement definitely affected the material, even if I did most of the writing...Just having her in the room seemed to spike my creativity.

Also, while on the last two songs there's no dispute as to whether or not they were written before her involvement, do I need to get a release to free me of any liability? Also, in terms of the poetry... It would be the same song with or without, so do I need to give her a writing credit? If so, how on earth do I split that up?!

A. 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. [Yes, I know, nowadays, in rap, the tracks are considered "the music" by many. And, if the two people agree to call the tracks the music, fine with me.]

2nd, I believe in 50-50 split for two WRITERS because it's the end result that makes it or doesn't make it - how can you say which words or notes are what "made it".

Now, in my opinion...

Song # 1. 50-50 split for WRITING + you receive all the arrangement and production credits/points from sales. Publishing, you could take 75%, due to fact Producers usually get 50%. [This means you split publishing with writer for 50% of the AVAILABLE publishing.]

Song # 2. Same as #1

Song #3. - poetry is background stuff in this case - the credit + all money is yours, but you can give her credit for the poetry on the liner notes, as if she was a BG singer.

Song#4. All yours, but give her credit on liner notes for back up :)

Btw, Yes, you Must have pieces of paper written covering her participation which she Must sign. If songs are released without her signing them could cause a major mess for you and the company - who might not release them without all papers signed covering EVERYONE on the sessions!!!

Q. I am quitting my 9-5 job in the music industry to work for myself. I will hopefully be managing a few musicians. I have several people who want me to manage their careers in music. Why? Well, not that I have an artist management experience, but I am a hustler (meaning I hustle), and I know a lot of people in the biz, and I am confident. However, I really don't know what I'm doing. Any quick tips before your Music Biz disc arrives in the mail? I'm meeting with a singer tonight who said she is cutting a new CD and wants to talk to me... what do I ask her? What should she bring with her to meet me? Lyrics? Audio samples? Resume? I know I can do this, but I am very green right now.

A. What you should do first? Just meet with her and talk with her. See how you mesh as people. Don't make quick decisions - see this person under different circumstances in different environments, and how she reacts. Is she performing anyplace where you can see her?

Managers need to be able to spend their time Managing - not being mother, father, nursemaid, etc.
You want to see pics, cover letter telling you about them [to see how they think] and recordings - and if possible a video of some sort. Ask her to perform for you. Does she communicate well? There's a lot of things to weigh... A step at a time...

Q. I am in the process of signing a Manager/Artist agreement with a new artist. This will be the second person I manage. The question is, when we get paid for any concert, promotion, or record deal, who should the check be made payable to? Would the check be made payable to me and I inturn pay the artist, or maybe a company that handles this kind of situations? Please let me know what you think. Thank you for your time.

A. It's handled different ways, depending on your contract with the Artist. The check can be written to the Artist, but if you have Power of Attorney to sign checks, you would be putting it into a separate account with both your names on the account. But like I said, it depends if your contract is written this way covering the separate account and the POA. Also, there can be a mutually agreed-upon 3rd party handling it.
One thing, if it's a smaller concert - take the money in cash! :)

Q. Hello, how many octaves are there for a note? Does this go for all instruments and voice?

A. For "a note" it's infinite, although humans usually are not be able to hear above 20k or below 20hz - although you can Feel some notes under 20hz

Re: instruments: depends on the instrument. Matter of fact I often laugh at the synthesizers imitating instruments and hitting notes that a real instrument can't hit.

Re: voice - it depends on the person, though most people's range is rarely beyond 2 octaves. Mariah Carey's Is 4-5 octaves - but that's very rare.

Q. Can you please breakdown the Duties of the A & R person. I believe I know What one does but can you please break it down. What are the rights of the A & R person what does he/she has the freedom to do? I am the A & R manager. There are 5 owners on the Record label i'm with. I'm 20% owner. However there is conflict. Everyone wants to do my job. So for Clarification can you set me straight? I don't want to seem like a control freak. We have a General Manager, Special Events manager, Administrator & Marketing. Now when we gave positions It was told that A & R's handel Creative process as far as selecting Writers, Producers etc. Anything that deals with the creative process. Was I wrong? Please set me straight. Also can you please explain the "Executive Producer" title. Thanks. I'll be taking your courses soon.

A. First, Executive Producer: Normally, it's the person with final say on everything. :) Like, Clive Davis, for example. They like their names associated with music besides being a lawyer :) Now all the possibilities - which I stole from Wikipedia.com :)

"In the music industry the executive producer of a music album is usually in control of the overall decision making in how the album turns out: how many songs are placed in the final cut, which songs are used out of the tracks produced in the process of making the album, and in which order the songs go. Additionally in this instance, the executive producer is usually someone who has had a hand in producing some of the tracks on the album. Having a certain executive producer attached to an album is sometimes used as a selling point.In some instances an executive producer may just be someone who "discovered" a particular act, or someone who represents an act, either as an agent or a lawyer. Other times it may just be someone who financed the production of the album."

As for A&R, in the old days [Artist & Repertoire] they picked the songs for the Artists. Nowadays, they still do some of that, but they also look for Artists for the label. Some A&R people have the power to sign people, depending on their "statue" in the company, and if you're A&R Manager, you could sign acts. Usually, there are Presidents, and VPs who have power to sign acts also - which it seems you guys don't have.Of course everyone wants to be on the creative side, at least in choosing acts and songs, BUT Someone has to have the final say - or nothing will ever get decided or done :) Good Luck :)

Q. Just wondering if you could tell me the duties that a booking agent performs, and what is a reasonable price
for a booking agent? Thanks for doing what you do by the way

A. You're Welcome!

1st you probably need an "employment agency" license through your state and/or locality [the only thing you need a license for in the biz :)]

A reasonable price is 10-15%. You could do a "sliding scale" - the more dollars a gig pays the higher percent You make.

A booking agent books gigs, period, in all kinds of venues for their clients. But [from my book]:

"People generally believe an Agent just gets gigs for performers, because that's how he/she's portrayed in films, etc. It IS true among local Agents, usually. In reality, an enterprising Agent is Someone who places Anyone or Anything for Anyone with Anybody for a “piece of the action”."

That is, you could also place an artist with a production company or record company, or a song with an Artist, etc., etc.

Hope that helps...

Q. I have been wondering for years, Who picks the singles off an artist's cd? The producer, the artist?

A. The Record Company in 99% of the cases...

Q. You said the record company picks the singles 99% of the time, is the artist the other 1%? Why dont record companies release more singles off cds? IS there some sites you recomend about how all this works? Thanks.

A. If 1st record sells a lot, they release a 2nd. The Artist has NO power [with a major] on 1st contract unless they want the Artist soooo badly that they give in a little. It's all in a record company contract with the Artist. I cover all of this in my book and courses contained on my disk http://www.professorpooch.com/Special.htm, especially in my Artist Management Course.

Q. I recorded a 5 song cd of originals of just me and my acoustic guitar. Is there ever a chance that radio would play an acoustic song? What will radio stations do if you gave them a copy of my cd and asked them to
play a song?~with no record deal etc....Seems like everything I hear usually has percussion and bass etc..on the radio. I know certain stations will play acoustic songs, but I mean on the stations playing all the big songs. The only one I can really think of was "more than words" from Extreme, but the guitarist was slapping his guitar for the
beat~maybe thats why they got away with it, and the fact that it was a good song and band :).

A. If you are not with "a label" your chances of getting airplay with just guitar are extremely slim. Maybe a college station... Or internet radio...

Q. I'm a songwriter from chicago that's trying to break into the business. What is the best way to submit songs to recording artist or producers. Is it realistic to persue a label to become a staff writer? if so, how is this possible and are they usually paid through royalties only? Finally, when submitting a song should it be a high quality demo or just enough to submit the idea of the song. Your knowledge/wisdom is appreciated

A. I can't answer you precisely since you didn't state what style of songs you write. But, in general...

"What is the best way to submit songs to recording artist or producers?"

The BEST way? Masters, aimed at a particular Artist you're aiming to submit it to. Then they can just plop their voices down and mix it. Nowadays, you're going against people who do it this way...

"Is it realistic to persue a label to become a staff writer? if so, how is this possible and are they usually paid through royalties only? "

Labels don't have staff writers. Some Publishers still do. Staff positions are a small weekly or monthly salary against royalties.

"Finally, when submitting a song should it be a high quality demo or just enough to submit the idea of the song."

See 1st answer :) BUT, it depends on WHOM you're giving it to. In general they want close to Masters, but there are Producers who DON'T want masters, only a bare idea, since they're going to arrange it themselves the way they want it to sound.

Q. I'm owner of an independent record label. I'm interested in having our label picked up by a major label like Columbia or Warner Bros (for example). My idea was to sign about 4 artist, do a compilation and shop the compilation w/label to a major label. Is this the best approach, if not, what is a better way to do this, and how would you articulate this to an artist before signing them.

A. It's a fine way to do it. Obviously the Major would have to love the artists and material. It may only work if you get the Artist fairly successful, first, even if just locally or regionally. Majors are so paranoid right now. An example would be, you sell 50,000 and then a Major steps in...

Re: telling this to an Artist, it should be in the Artists' Agreement with Your company that the Artist would be signing: "...with, or through you...". They would be signing with you as a Production Company/Record Company. Contract would have to be written carefully.

Q. I guess my questions are (1) is it unusual for managers to have a personal as well as professional relationship with the artist and (2) do you think that on average it helps or hinders for the artist and manager to be very close?

A. Very Good Questions!!! Happens all the time! Now is it good or bad and does it work? Answer: It totally depends on the people...

You both will have to be good at "Switching Hats", which isn't always easy. In other words, you have to keep your personal and business associations separate. It works best if you have a separate office or part of the house where it's strictly business and not personal, and likewise, a separate place, or times, or situation where it's strictly personal and not business. You may find this easier said than done. :)

I have this situation, currently, with my daughter who is a singer. I let her know from the beginning, when we're in the studio [or wherever] and we're doing music or business, I'm NOT her Dad - I'm one professional working with another professional, and it must be treated that way. So far so good :)

Btw, since you bought my Disk, I suggest you start with the Artist and Manager's course, and the Manager's Check List [in "xtras"], however you should definitely read the Book, also, to get a good picture of the Biz, and the Publisher's course if she's a songwriter...

Q. Can I tranfer cassettes to CDs?

A. Yes. It depends on your computer HOW you would do it. On my computer, I connect the "outs" from a cassette deck to the "ins" on my computer. [If you have only one "in" you'll have to use a stereo "Y" connection]. Then, using an audio recording program, record it into your computer. Then, transfer your computer recording to a CD.

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