Ask Music Business Questions

Ask the Professor - Archives #6

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. Can you help me out buddy? Can you e mail me a producer contract,thanks

anon

A. Hi! No, I'm sorry, I can't because they're too dangerous to both sides if not personalized for the people and the situation. Also, most of the time, very important stuff is left OUT of the contract that should've been IN it! I, and many lawyers make a lot of money getting, or trying to get a lot of people out of these type contracts. There is way too much wasted time and wasted money - instead of getting the right contract where you pay a little to save a lot of hassle and money later.

P.P.

Q. Is there a rule (written or unwritten) concerning how much time must pass before a song can be placed with a second artist, or can a song be recorded and sold by two artists in the same year?

A. The copyright law states that as soon as a Songwriter or Publisher, whomever is the owner, places it with one Artist, anyone can do it. It's called "Compulsory License". The owner[s], cannot turn anyone down as long as the words and lead notes are basically the same. As a Publisher, I'd be thrilled to have 500 people record the song[s]! The more people do it, the more people hear it - and the more money I make :)

P.P.

Q. When I finish the courses that I ordered from you would I get a certificate or documentation of any kind? Even with the all in one special? What about if I still have some questions. Just curious.

Tracey W

A. First, thank you for ordering the disk. You have just ordered quite a resource - over 700 pages of info. If you read everything, slowly and thoughtfully, you will have a good "feel" and picture of how to operate & succeed in the music business - without getting ripped off!

To answer your first question: Yes. When you finish each course, let me know. Realize, since you received the whole course[s] at once, you can go as fast or slow as you wish. I highly recommend you take your time reading them, because they are packed with solid step by step information.

When you feel comfortable knowing the material, let me know. I will then send you a form of a test - depending on the course. It will most probably be an essay, on how you would handle a situation. Since there are many ways to do something when working in the music business, depending upon the situation, there may be different, but still correct answers - if enough thought and effort goes into the process.

After I receive your essay, I will let you "know the score". Please put enough effort into the project[s] so I may send you your certificate promptly :)

To answer your second question, yes, when you are finished any course, you may submit additional questions that may fit you personally. I will be happy to answer them!

I'm here for you!

P.P.

Q. I have heard the term album/cd points. I am assuming that it has to do with dollar amounts. Can you elaborate?

no name

A. Points equals percent [%] For example: 10 points = 10%. The question is always: 10% of WHAT??? Retail, or wholesale selling price? Gross, adjusted gross, or net?

For Artists, Album points are USUALLY, a percent of the retail selling price, BUT, no one ever gets that much after reductions of "container charges" [usually 25% on CDs], and many other reductions depending on type of sales, foreign sales, etc., etc. Unless you sell monster numbers, and you have escalating clauses, at gold, platinum, etc., figure on averaging out from 1/8 to 1/4 of what you think you're getting [if you're lucky], and not until AFTER they recoup all of their expenses.

P.P.

Q. I'm just getting started and this female pop singer is trying to get signed, but she would like tracks from me to make her demo. the way she worked with other producers was with the points system. do you think that would be a good way for me to work with her at this point?

Elise

A. If you are acting as the producer, the point system is known as the "back end" - a percentage, usually of 2 - 3% of the proceeds for someone new [not usually paid until the record company recoups the money from the Artist].

Producers get paid one of three ways: "Front Money, meaning cash, by the hour, song[s], project, etc. Or, the "Back End", as stated above. The third way, you receive both - cash and a percentage of the profits.

Now the question is, what if she used your tracks to get the deal - but, they used someone else's tracks for the record? I recommend you work something out with her in case that happens. All of this should be stated in a contract between the both of you

P.P.

Q. I'm from England and I have recently had a lot of interest form a guy in Germany wishing for me to publish his tracks for him. I also wish to remix his tracks also, to add weight to the record releases that I will put out. Also I have another two lads, English guys, that i am currently remixing their tracks. Soon to be released on my label, and published by myself.

Would you know anyone in USA that I could contact as regards to making sure all royalties get collected (if any) over your part of the world.

no name

A. First, the mechanical royalties [from sales of CDs, etc.]: You have the option of "sub-publishing" with an American Publisher, or dealing with a world-wide Publisher. An example of a large world-wide Publisher is [Thorn-]EMI Music which has a major office in the UK. Ask if they'll "Administer" your publishing for you. [I recommend this - a company that can handle the whole world for you!]

Re: Performance Rights, I recommend you correspond with a United States Performing Rights Society, such as "BMI" or "Ascap". They are world-wide, with the understanding that many countries do many things in many ways. The BMI Phone number is 212-586-2000; Their address is 320 W. 57th St., NY NY 10019 USA

P.P.

Q. What do people look for in a band?

A. My question is, "What do you mean when you say 'people' "?! If you are referring to people going out for an evening, the answer is simply: "to be entertained."

Now if you are referring to people in the Music Business, the answer is: "Can we make lots of money from this band?" Whether you are referring to Managers, Producers, Record Companies, whatever, it doesn't matter. Unless someone is independently wealthy and doesn't have to answer to anyone and is doing it just for fun, money is the bottom line.

If U would like to know what I look for in a band, what helps me to decide if they are worth signing, please go to "Superstars" at http://www.professorpooch.com/Superstars.htm.

P.P.

Q. Should we get a copyright on our songs before we play them in public?

cwm

A. Playing it as safe as possible, I always believe in sending in my copyright forms before I show them to people. You notice I said "sending in". You don't have to have the stamped forms back before you show them, otherwise you better be prepared to wait from 4-6 months or more. In actuality, the forms are stamped/dated as soon as they receive them from you, and therefore are covered from that date on.

In actuality, a song is considered "Copyrighted" as soon as it is created AND "affixed to something tangible" - which means you can see them, [as on paper, or video tape], or hear them, [such as audio or video tape]. When you send your forms, songs, and money to Washington, you are actually "Registering" songs that are already copyrighted.

I do highly recommend that on all tapes, tape boxes, CDs, word sheets etc., you do put "the copyright notice" on the songs immediately - which is legal. "The copyright notice" consists of three parts - and in this order:

1. The copyright symbol: © or the word "Copyright"
2. The year (Not the date): such as "2005"
3 Your [legal] name: such as David J. Spangenberg

Btw, too many people still believe in the "poor man's copyright", that is, mailing the songs to themselves, and not opening them - leaving them sealed with a Post mark date. Forget it! It's worthless! Spend the $30 and breathe easier.

P.P.

Q. I've heard you can Copyright many songs at once for the same $30 by sending them in as a collection. Is this a good idea?

A. Yes, and no, depending on your situation. The potential problem is related to the fact that you will have only one registration number for all the songs!

If you are an Artist, Group or Band who intend to perform all the songs yourself, there will rarely be a problem. But, if you are a songwriter, or an Artist with songs that might go to several different people/Publishers, there will be at least a temporary problem.

You receive only one registration number per form - which you'll be asked for on what is called a "Copyright Assignment" form or as part of your Songwriter's Contract with a Publisher. In effect, if you sent 3 songs in, and there were 10 on the collection - all ten may be, in effect, tied up due to having the same Registration Number.

By the way, if this situation ever occurs, you'll have to re-register the other songs if you wish to safely deal them to other Publishers.

P.P.

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