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Ask the Professor - Archives #4

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

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Send Your Music Business Questions to:

TheMusicBiz@professorpooch.com

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Q. Is it wise to have your song down before u go into a studio and rehearse with a musician?

A. If "down" means, have the song together at least in your mind, and even better, your ears, most definitely! Unless the musician is such a pro he can get it together fast, you'll be wasting lots of studio time - which equals: time, dollars, and sanity...

Q. If the artist writes a song and gets it copywrited, what about the musican? Does he own the copy to the music.

A. No! Unless, you and he/she feel he/she has earned a part of the song; that his musicianship added to the song, itself. In that case, then you could share ownership. The usual advantage to being just an accompanying musician is that they can have a copy of the recording to show how they play, or the beats, to others.

I've seen it become very normal in the hip hop world, that since the "words" are "the rap", the beats are considered "the music". If agreed to, fine. The beats may make or break your song. Therefore they do carry importance...

Q. My band wants to copyright song(s). We have the the proper forms from the copyright office. The only
problem is, no one in the band is soul author of any of the songs! We are all co-authors music and lyrics
on the songs we want to copyright. How would I fill out the pa form that no-one is the soul author, when they
ask for a signature and address of the person who has exculsive rights to the songs?? Please help me, I want to get these  filled out properly and sent in a.s.a.p!!

A. No problem at all.  2 points:

1. On the back of the form at #8, you don't have to pick "Exclusive owner" pick another one such as "author".  I admit that that part may be misleading, and there should be more, specific choices. I usually recommend you pick author, unless you're a representative, such as a Manager filling out and attesting to the form. Or, you're the Publisher, which equals "owner of exclusive rights".

2. What's on the back doesn't mean anything  :)  It's under #4 on the front that counts - the "Copyright Claimant" is the one with the POWER, because they Own the Song.

Simple choices:

A. Start a publishing company, and under copyright claimant, list it - where all contributing members get part of the publishing, and the actual authors split the writing.

B. List all authors of particular song at #4 and have one address mailed to - which could be "c/o one of the addresses". Or get a group PO Box.

Check out: http://www.professorpooch.com/Copyrighting.htm for step by step instructions [2nd half of page], and you also may be interested in http://www.professorpooch.com/Publishing.htm

Q. Hey pro, I have a question. I am working with a producer that I am paying for just the music. I have already written the song, so if the song becomes big does the producer get a cut of the check for providing the music, because I already paid him for it, or is that between me and him and what we decide on..

A. it's between you and he and what you decide on - as with almost any situation.  A contract is whatever 2 [or more] people agree to. 

It also depends on what the "producer" is doing.  The term Producer is used very loosely nowadays.  A person who just does some tracks and gives you them to record over, is basically being an arranger - unless you are using his total mix, including volumes, fx, etc.; then, in effect, he is partly Producing it.  A Real Producer is responsible for the FINAL mix, with everything, including vocals on it, ready for mass duplication.  If he does THAT, then, if he/you/record company decides, he can get 2-3"points" on the back-end [sales].

Q. I have a gift , a strong passion for singing and music! I absolutely love music and my goal is to become a christian recording artist. I need your help though , I know nothing, I mean nothing about the business and don't know how to start my career and I know you website provides useful tools and tips which I am so thankful for! Do you have any books or educational tools that I can purchase or that are free on the music business. I've started my journey. I'm taking voice lessons from a minister of music who provides lessons in his home . I study music over the internet  and am attending free keyboard lessons provided at my church. I just don't know anything about the business which I know is essential part of making a career out of it. so please take the time to answer my question.

A. Hi!  First of all, it is very important to really learn the music business so you can protect yourself, as well as get in and succeed in it. I highly recommend "The Music Biz On A Disk" [ http://www.professorpooch.com/Special.htm ].  This Disk has all my courses, and especially for you, the 10 week Artists and Management course - which gives you step by step, easy to understand instructions to get you in the door, plus my 300 page book that gives you the whole picture of what the music business is all about.  [It's less expensive to get "the disk" than to purchase the book and the course separately - the disk, which covers everything, is only $100].  These courses would cost you 1,000 a piece where I developed and taught them [Art Institute of Philadelphia] and my book was required reading there. Also, when you finished going through the whole disk, if you still have any questions, just email me and I'll answer them.

 

Q. When signing a record deal as a new artist do I have to use their producers or can i have my own?

A. If you sign with a Record Company, the contracts always say that they pick the producers, or have control over who you use. As a Contract Specialist, I try to offer the Record Company the "Right of First Refusal" instead of total control.  This means, the Artist would be able to come up with a Producer they use or want to use, and the Record Company says "yes" or "no".  If it's a "No", you can then come up with another Producer and again ask for their Yes or No, and so forth and so on...
 
However, the best way to solve it is if you do the whole production yourself -and they like what you've done. Then the problem is already solved.  And, if you make the deal as a Production Company with the Record Company, and you're signed to the Production Company, then you'll not only have creative control, you'll have much better Financial Control!  Your Production Company gets a pot of money to pay the Artist and Producer[s] and what's left over goes to the Production Company - which can be partly or all you :).

Q. Long story short - I have a 21 year old daughter who has been asked to sign a singing contract with a group and we are clueless.  She is in Laramie, WY in school as a senior and the group is in Nashville.  I am in Springfield, MO. Do we need to have a lawyer look at this contract?  Can this lawyer be from any state? If you could answer our questions we would be so appreciative.

A. YES, someone should look at the contract - it will affect her life for a period of time, probably years. It doesn't matter what state the person is in that looks at the contract, but it must be done by a Music Business Contract Specialist, like me, or an ENTERTAINMENT Attorney.
 
I have a 21 year old daughter myself that's into music, so I understand your concern. Your daughter needs to really learn and know as much about the music business as possible to play it safe.

Q. My wife and I are trying to record our first CD.  We have a strong team working on the project with us, but we need some backing for it. We were thinking of having a ''showcase'', or put on a small concert for investors. My question is... "what kind of return are investors looking for and how should I approach them about asking for investments"?
Kurt

A. First, it's pretty hard to get investors to back an Artist.  The investors might be interested in the Showbiz part of it, but their accountants and biz people try to scare them away concerned about the risky business of music investing.
 
You'll have to do one hell of an amazing show, or you'll probably have to cut a couple monster recordings on your own to maybe get their interest enough that they over-rule the accountants. Smaller investors, who may use their heart more, may be easier - depending on how much you need/want. The best people sometimes are those that have extra "play money", and wish they were stars but don't have the talent, and/or, want to be "associated with" a star, get back stage passes, etc.
 
Re: what kind of return for investors, there's countless ways of doing it, including, but far from limited to... 

1. Money back plus an extra X amount of dollars, and then it's done

2. A percentage of all monies that come in for life of deal

3. A bigger percentage of the first album's profits, and lesser for second...

...in other words, just like a contract, it's whatever two or more people agree on.
 
How to approach them?  In the music biz especially, it depends on who "them" are. Everyone is an individual, and will have to be approached as such.
 
Another key is, how much money you want, and what it's going to be used for. I'm surmising you want money to finance the recording, but you'll also need money for packaging, pics, phone calls, mailings, travel, whatever.

 

 

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