Ask Music Business Questions

Ask the Professor - Archives #5

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 came across this website and I found it to be very interesting and contemplating about investing in this course. I'm a newcomer in the biz of being a manager for a gospel artist. He is sensational. Everyody is asking when are you going to put a cd out.

I believe in his ability and I'm ready to put some money into his recording. I would like to know how many songs and how much money should one should spend on a first time project. This individual have notice by one of Hollywoods hottest actors who thinks he is ready for the big time.

Your advice will help us a great deal. Thanks

Tim

A. Hi! You didn't give me much information to work on, but one of the great things about Gospel music [besides it being very up-lifting, to me], is that you can keep it simple. I recommend, a minimal of instruments, played in time, and adding the vocal[s]. You can always add to the instrumentation and production if the results and feedback from music people warrants it from the rough "mixes". The normal amount of songs to show people is 3-5 pieces that he's comfortable with. If I'm going to hand in 3, I cut 4 or 5, allowing me to shelve the weakest one. If 5, I cut 6 or 7. It's good to have some extras in case they ask for them.

Re: the money, it's really hard to tell. Are you using computers or live instruments, or both? You should be able to get a good idea of how he "communicates" in a studio, for between 500 and a 1,000. Any really good musicians in his or your church who will give you a good deal???

From the performer's standpoint, remember the most important thing is for the Artist to "communicate" his view - especially in Gospel! You should be able to sit back, close your eyes, and FEEL what he's saying.

I highly recommend that you learn the business end so you are comfortable and confident when talking to others, and they feel you know the biz enough so as not to try to "rip you off". Yes, I'm sorry to say, there are even "robbers" in gospel music.

P.P.

Q. Can you e-mail me a complete piano chords chart in text format (microsoft word or pdf). I only need it to produce better music!

Lemont

A. Your wish is my command... You received it by e-mail.

Note: Anyone interested in a pdf version of my chord chart sheet, email me at Ask@professorpooch.com, ani I'll make sure you get it!

P.P.

Q. Is there really a free way to copyright my songs without shelling out alot of money at once? I Have been told you can copy the song on a disc and mail it to yourself and that is enough? Is this really true and if not what is the cheapest (but still effeicient) way to go about this?

Matt in Alabama

A. Your song is copyrighted as soon as it's "affixed to something tangible"- which means you can see or hear it. Just remember to put: (c) year and owner of song, in that order.

However, to Register it and receive protection from lawsuits and stuff, there's no way around dealing with the Library of Congress. [Sorry, mailing it to yourself is useless.] You Can save a lot of money by copyrighting your songs as a collection, where it's $30 for All your songs. Check out my article on how to copyright your songs as a collection at Copyrighting, including the plusses and minuses.

P.P.

Q.On an exclusive contract clause must you pay commissions to an agent even if you book yourself in that club? Most contracts say that this can be up to 24 months after last signed contract. An agent approached with an indefinite time limit. Is this legal? Plus he wants to exclusively represent me for an indefinite time limit.

Gregg

A. Yes, it's legal, unless stated otherwise in your state's laws. It's also an unwritten law that, once an agent books you into a particular club, every time you go back to that club he should receive his commission.

Regarding an exclusive contract for an indefinite period of time, you shouldn't sign ANY type of exclusive contract with an indefinite time limit. And, unless they're the William Morris agency, or any other Major National Agency, you should NEVER sign with an agent for more than 3-6 months maximum until they show what they can do. And, you need an "out" [escape clause] if you sign a record deal!!! I've seen Artists that were forced to continue to play in 'dives' even after a major release from a Major Label!

P.P.

Q. I currently work in the music department at our church and I have run into a couple problems that I am hoping I can find some answers to. I have a couple questions for you that I was hoping you would be able to answer …

1) Is there such thing as a “tone deaf” person? If so, is it possible for them to train their ear to be able to hear correctly?
2) What have you found to be the most effect way to teach musicians how to train their ear?

Mindy

A. 1. Yes. My father always heard music exactly 1/2 tone off, and therefore always sang [perfectly] 1/2 tone off - which equals perfect dissonance - bleah! :) However, sometimes lack of effort makes a singer act like they're tone deaf. I DO believe, if a person reallllly wants to sing, they'll work hard enough to compensate for the problem - also see "A" below

2. Training their ear depends on the person and situation, and I've found many different ways. The answer is, which way[s] are they likely to be ambitious enough to follow :) Here's a few...

A. Continuously hitting piano notes, and having them try to hit the notes.

B. Many times I've found people a little sharp [even more than flat] if they don't put enough intensity in their singing either effort-wise, or they're shy, and have trouble expressing their emotions. It greatly helps to use a song they like and can get into! Ask them to put more into it, adding "intensity". [The problem is, many people think "intensity" means "to sing louder" - No! "Emotional" intensity is what it takes.

C. Re: singing Harmonies: I learned to harmonize by never singing the lead notes when listening to the radio or a record, but by trying to sing in an ear-pleasing way around the lead notes. The most pleasing intervals, and the most often used, are "3rds" and "5ths". [On my large educational website there's a "piano chord chart" which spells out the intervals for Any and all keys!]

D. By the way, when recording, you can nowadays "pitch shift" the note to make it sound in tune - which solves the problem, if necessary. However, this method doesn't work too well "Live" :)

P.P.

Q. I suppose you get this often, but i swear the young lady that is coming to our tuesday nite karoake is the very finest raw talent i've ever heard. I'm 64 so that's a long time.

I want to help her get heard and she also would want me to get compensated for such a service. I'd like to manage her but don't know the business. I would take your course. But there is an immediacy here that needs attending. What to do?

Gary

A. Since you talked in generalities, I am forced to answer in generalities :).

What is the "Immediacy" ??? If you want to Manage her and she wants to be Managed by you, that's the first step. So what's the problem? :)

A Manager's job is to guide, counsel and advise a person regarding their career. This is not an overnight job - it may take some time. First, you Must learn the music business and how it operates so that you feel comfortable in it. You never have to learn it ALL - that's where people like me come in. I get at least twenty calls a day "Help, Pooch, what should I do, or do next?" or the like.

But first, you [and she!] should learn the business - a Manager and Artist should work like a team - on the same page making things happen. Look, there is no shortcut - you have to learn the biz so that you can Get In, Survive & Succeed - Without Getting Ripped Off!

P.P.

Q. I stumbled upon your site while researching information on partnership agreements. I have been playing with the same group of guys now for almost ten years. After reading your website, I get the impression you know that being in a band is very similar to a marriage X 4. Not an easy task. We've been through a alot, and have been friends, family, and enemies through out it all.

Last year we lost a member, and the rest of us agreed that if we still play we change the name and write new music. All or nothing for what we have been through. Over the years I have slowly learned friendship is friendship and business is business.   Our current project is gaining much momentum, faster that anticipated. I took six months off to research the music industry, and compile a simplified version (70 pages) for the band to read/review to get us on the "same page/language". My idea was if we each understood at least a little about all the roles of industry people we could make better choices, surround ourselves with the right team, and define our goals with clarity.

Life happens. Attention comes and goes. Ego's inflate and deflate. We as a band never defined our goals or our roles on paper. We need a partnership agreement. In our last week meeting, we agreed we need it written that if we become a profitable band, after we pay who and what we owe we are all equal partners and shall get paid equally for all (ie merch, airplay, label etc...  It is time to move from part timers and form the business.
We need to draft a partnership agreement asap between ourselves for ourselves, register the name, and get the ein. We disagree on how to set up our company as a whole.  If we had the money I would form a c corp for our publishing, and a c- corp for our band.  We don't want to do partnerships because of the messy break up god forbid/tax write-offs etc.

To summize, we need a partnership agreement first and foremost, any advice? Second, how should we set the business up especially under limited funds. Our approach has been to learn and do everything ourselves, but overtime with wives, jobs etc...this new project has more momentum behind it coming at us faster than we can prepare. I'm not complaining, but we get overwhelmed, and no one thinks/performs well in overwhelment. How should we set up as a business. As it stands we say we should all be equal, and agreed to draft the partnership. Here I am.

However, with each having limited time, one has taken the liberty to start a record label, open a bank account in his name, with his choice of company for our latest ep release explaining we had to do something. This was not a universal agreement, but we trust each other, still we need our roles on paper. Please advise. Sorry, so lengthy...your time is sincerely appreciated!

Justin

A. Yes, you need a Partnership Agreement - everyone will know where they stand, and no one will be left out, etc., etc., etc.

B. No corporations are needed to be formed yet until you believe that you will be starting to make money in a certain period of time [however, check your state laws]. At that point, each separate company should be incorporated, or LLC'd, or whatever, as it starts making money.

C. Before you start any business/band names, check them out for "Trademarks" - to see if you can use that name [you CAN'T copyright a name - only trademark it] Website to check, is: http://www.uspto.gov/ . Click on "Search" under "TradeMarks".

D. Partnership Agreements have to be written by someone who really knows contracts AND knows the Music Biz - because, as you've seen, other "offshoot" companies can come into play. [Btw, if a Partnership Agreement was correctly written, he wouldn't have been able to start that label until he cleared it with you guys, and if he did start the label, all would be ensured that they would profit equally, unless stated otherwise.]

E. If you wish to hire me to write a precise partnership agreement, it would go like this:

1. I would need everybody's legal names, the band's/company's name[s] and "aliases" if used.
2. I would then, going from what you've told me, plus any added information you give me, build an initial partnership agreement.
3. Everyone, could make changes that all would agree to, you would tell me about any additions, corrections, etc., and I would incorporate them into the agreement.
4. Unless you're a Student, my price is $65 an hour, [until you start making more money after I become involved - it then would become $95 per hour.]

Btw, You can [and Should] check ME out [actually, Anyone you deal with!] on the web or wherever.

I hope this all helps!

Archives #6

Ask Home