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Ask the Professor - Archives #7

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. I want to be a publisher with full ownership of my company and music. The publising partner would have no claim of ownership or control of my publishing company or my songs present or future (unless I sign more contracts for individual songs).

If no such agreement exists and I sign with a publishing company, and then after a few years of experience start my own company can I purchase my songs from them? Or is there a reversion clause that states that when the contract expires or when the exploitation of the song has been exhausted I get the song back? Or once I sign a song over to a publisher they keep the songs permanently?

xray

A. Yes you can get try to get an "Administration" deal. However, I'm going to tell you right now, there is no way in hell you'll be able to keep all the ownership - no one will deal with you. As I say in my book on my site [paraphrased], "You can be the most creative person in the world, but if they can't make money from you, they're not going to help you." Simply put, unless you have at least 10 million sellers already out there, you will never be able to place any songs unless you give over at least half of your ownership.

You can start your own publishing company and co-publish your songs retaining at least partial ownership. [See other Q & A's below.]

But yes, if you sign with someone else, you can have a reversion clause stating something like: "if they don't place your songs with an established Artist or Company, within 18 months all rights revert back to you" - but it must be written correctly. If there's no reversion clause, it's for life... And if they place it, it's for life.

Now, something said to me by a Major Producer friend many years ago: "Hey Pooch, so you write another song..."

P.P.

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Q. When a band/artist signs a synch licensing agreement, do the writers and publishers collect royalties from their respective performing societies?

moderncool

A. Hi! You didn't give me quite enough info, but in general, most synch licenses are straight cash deals between the Publisher [representing the writers] and the Company doing the TV or Film Productions. If there's a "Soundtrack Album" you should try to get royalties for that also - it must be asked for.

Btw, the Publisher is supposed to pay the Songwriters - IF synch splits are included in the songwriter's contract. That's why Songwriter's, as well as all contracts, should be checked carefully - it's often what's been left Out of the contract is as important as what's In it.

P.P.

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Q. I have been in the entertainment/music business for 10 years as a piano/keyboard player. Mostly I've played for small parties, either alone or with a drummer.

I need help finding a bass player and or a horn player.
I live in Center City Philadelphia and have a small basement space that can be used for rehearsals.

Any help you could offer would be greatly appreciated.

SupaFlySnow

A. Hi! I'm sorry, but I'm an educator and consultant, as well as a contract specialist. I work nationally not locally. However, if I were you, I'd place an ad in any newspapers that cater to musicians. Also, try placing a flyer in the "Art" or "Music" schools in center city, as well as pass the word around to any musicians you know what you are looking for.

P.P.

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Q. My name is Lee _____, I am 22 years old and looking to get in the recording business, and your website was the only thing close to what I was searching for. I am looking to understand the buisness, as well as get hands on recording studio knowledge, I dont know if you do that or know someone who does? Any direction you can give me would be greatly appreciated.

LB

A. My first question to you is: "What exactly do you want to do in the Music Business?" When you answer that, I can be of much more help. I can help you in countless ways once I know more information.

Looking to "understand the business" is a good choice, because you gotta know how to play the game - without getting "screwed". There is plenty of info on the site, plus other valuable education related items and services that'll save you valuable time and money.

You can start by checking out: http://www.professorpooch.com/Education.htm .

P.P.

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Q. I fortunately stumbled across your website and found it very interesting in helping me with my future goals as an artist manager. I see that you can order your cd's online, but my question to you is do you hold any type of inhouse seminars and if so do you have a listing of dates and times. Any information that you could provide would be very helpful.

Mysere9

A. I'm sorry, but At the present I'm not holding any seminars - way too busy with clients and projects, etc. However, unless you live in the Philly area, your best bet is either the Artist Management course, or I recommend the "Special" offer in that it not only has that course, but also a "Management Company checklist" which has been extremely useful to my clients. Besides that, it is very important to also know the entire music biz - which after going through the whole disk, you'll have a complete picture of the biz and how it operates.

P.P.

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Q. I came across your website while surfing the internet for entertainment lawyers in Philadelphia, PA.

I have recently submitted a song to a group based in Nashville called the "_________" and they returned information about the group to me along with a contract.

I would like to schedule an appointment with you so can look over this contract and let me know if it looks "legitimate" to you. Thank you in advance for your time and consideration.

lma2756

A. I'd love to take your money - but, It looks like a scam. I went to their site, and, any legitimate Publishing Company [or Record Company] doesn't advertise or ask for any money - legitimate companies will invest in you. Companies like the one that offered you a contract make their money by giving you "services" that you'll "need to have done".

I'm here for you if you need me.

P.P.

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Q. How do i go about creating my own personal publishing company for my songs?

cbunty

A. Poof! You're a Publishing Company! :) Now, to be recognized as one and get paid...

1. Ask BMI, Or ASCAP, Or SESAC, [Performing Rights Societies] to send you a "Publisher Registration" Form. They're going to ask you to come up with 5 possible names. They will handle most of your "live or taped performance" payments.

2. Fill out the forms and mail them in.

3. Are you registered as a writer??? If not, ask for those forms too!

4. Also, it's very important for you to sign a Songwriter's Contract to your own publishing company! [Essentially, sign to yourself]

Once you've done the above, you'll be considered a Publisher and people will be able to "find you".

Of course there's many other things to do and forms of payment, etc., etc. to become a successful Publisher, way too much to get into here, with all the situations you can and will run into.

I highly recommend you check out: http://www.professorpooch.com/Publishing.htm.
You'll find that the course will guide you throughout the process of running the business, and most importantly, protecting yourself. It's in very easy-to-understand language.

P.P.

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Q. I am negotiating an independent record contract with a small independent label that is just getting started. As far as Publishing rights, if the label has there own publishing company what is the average percentage amount of my publishing the label is supposed to receive and what is the amount that I'm supposed to receive. Or Is it better for an artist to have its own publishing company if that artist can negotiate that, what will be the percentage break down between the artist, record company, and publishing company.

cwm

A. Yes, you should start your own Publishing company, and sign a songwriter's contract to yourself - that covers ALL circumstances to you. It should be correctly written - and not TOO one-sided.

Then the normal share is 50-50 with the record company [co-publishing]. Both Publishing companies, yours and theirs should be listed. Also, make sure your publishing deal is "co-terminus" - that is, when the record deal ends, the co-publishing agreement ends.

P.P.

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Q. I am a 19yro female solo vocalist. I sing somewhere between Alicia Keys and Beyonce Knowles, but I am a little white girl. I need help finding a manager. I have been told by some people, "you don't find a manager, they find you". I wanted to know if that is smart. I really wanted to get some contact info on managers who are well accomplished in the industry. Do you know any contact info on big managers, so I could send my demo. My material is unsolicited, so do you know any people who accept those kind of demos.
maynkins

A. Being a white girl, who sings with a "black voice" is an advantage. That's a big Plus in the biz - it always has been.

No, never send demos "unsolicited" - they won't get heard by anyone important. Always call and ask if you can send something, who to send it to, and if there's any "code", or whatever, so it doesn't get tossed out.

You'll find that the real big, powerful managers don't usually get involved until After you get a record deal. Yet you need someone powerful on your side to get a record deal in the first place - what a dilemma that many people face!

I sincerely and highly recommend you learn all about the biz, including protecting yourself. Otherwise people will try to take advantage of you! See the different offers on my site. They'll save you a lot of money and time in the long run while giving you some good protection from getting hurt.

P.P.

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Q. I was wondering what is the best way to go about copyrighting the name of a band? Can you do this, like most everything else, online?

elvisisdea@aol.com

A. Whoa! You can't copyright a name of a band in ANY way. Simply put, names, titles, and the like cannot be coyrighted! If you wish to protect a name you must register/trademark it. The forms can be gotten from a state office building - and it will cost you, at press time, around $250 for protection

P.P.

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Q. What if i didn't produce all the tracks myself, but hired an outside producer...does that producer own any of the music which he produces or is it still mine as the song writer?

anonymous

A. First of all, don't mix up the "song" with the "production" - they can both be copyrighted and owned. Since you said you "hired" the producer, and paid for the production, you own the production unless the two of you agree otherwise. Regarding the song, he/she would own some of it only if you agree otherwise, usually giving up some or all of your Publishing rights.

P.P.

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Gentleluv

A. Simply put, Mechanical Royalties pertain to the sale of anything that can be played on a "mechanical device". For example the sale of CDs, records, tapes, whatever.

Regarding you being a songwriter, what normally happens is that the Record Company pays the Publisher royalties on sales of the Record. If there's just one Publisher involved on the song, the Publisher keeps half of the money and gives you half. Of course if you co-write a song, you split your songwriter's royalties with your co-writer(s).

P.P.

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anonymous

A. Check them out! They won't mind - if they're legit. Ask to talk to some of their other acts - including acts that are no longer with them and get their thoughts. Do keep in mind, regarding acts that are no longer with that manager , that the acts might've been the cause of the split and not necessarily the manager.

Btw, the best way to check out if a Manager knows his stuff, is to "Grill" him/her. Learn the Music Biz yourself, and there's a much lesser chance you'll get ripped off!

P.P.

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Chris Fantazzi

A. If you can get the owner/manager to agree to it... The more people you pull into the place to see you perform, the more negotiating power you'll have. Otherwise, make sure you get "the gate" [admission] money.

P.P.

 

 

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