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Professor Pooch's Music Business Blog...
AUGUST 2010 Archive
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-Monday, August 30th, 2010-
A Few More of: "Professor Pooch's Pet Peeves"
© 2010 David J. Spangenberg
Stuck in rotten traffic on the way back from a negotiation, I got stuck in a big tie-up - which ended up being caused by a fender bender - on the other side of the median strip - and everyone on my side was just stopping to look!!! What should've taken me 1 hour - took 2! All because of what is sometimes called a "Gaper Delay"!
But while stranded, going one mile an hour, I got to thinking about some of my other "Pet Peeves". Well, besides the traffic jam, and the "Gaper Delay", here's a couple more...
1. I'm sure you've have heard the term "thinking outside the box". It basically is used to describe the process of stepping beyond a human being's normal realm of thinking, using creativity to solve a situation, or to move a situation forward.
The weird part is, the whole premise is based on a fallacy! There Is No Box!!! People create the boxes, those mental restrictions around themselves. They either think like they've always thought, or what they've been taught, or have seen or have experienced - and they don't think of setting their creativity loose, and coming up with something new.
Why not learn to ask, "What if..." or simply - What would happen if I thought like a crazed person and broke all the rules. You know? If it's legal and moral, then it's not crazy - it's just being creative.
And, if the phrase: "It's always been done that way...", pops into your mind, ask yourself, "Why?!"
Here's an example I like to use: Let's say a record Company offers you, 10 points [which (should) equal 10% of the retail selling price]. Now, you [should] say to yourself. "Wait a minute! What if I sell a lot of records, why shouldn't I make more. Or, you think: "Hey, if I'm going to be with your record company for 6 albums, should'nt I make more for the 2nd album, than the first, and more the the third than the second?
So you OK the 10%, but at 500,000 sales or downloads, you ask for 10.5% and at 1,000,000 sales or downloads, you ask 11%, etc.! Also, you want it to go up and additional .5% for each album you do...
You want to know the funny thing? I bet the Record Company says, "Yeah, OK". Do you want to know why they'll say, yes? You see, they have nothing to lose! If you're selling that many albums, what do they care about a per cent here and there. And if you're not selling enough, they can drop you!
But, if you didn't ask for it...
To sum this up : If you come up with an idea, and it's moral and legal, you should ask yourself, "Why Not? Let's give it a whirl!"
Which brings me to...
2. When people say : "That person isn't Normal". Or, "That's not Normal." Or, "That's not Normally done..." I have a question: "What the hell does "normal" mean?" And, btw, "Who the hell decides who's "normal" and what's "normal", and not "normal" for us!" I want to meet these people! I bet they either don't exist, or they're nuts! :)
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-Thursday, August 26th, 2010-
"Poochisms"
© 2010 David J. Spangenberg
Every Now And Then I like to focus on some of my Personal Thoughts on Life, As Well As Life In the Music Business, that people often refer to as my Poochisms …
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You like each other, feel comfortable with each other, trust each other, and can rely on each other - that defines a "true friend". It always amazes me how so many people brag that they have "so many friends", when they really mean "acquaintances". I’ve seen that, if you have only one really great friend, you're ahead of most people...
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I don’t understand why so many people have to put up walls around themselves, never letting you really get to know them. What are they afraid of? True Artists, as well as anyone who is confident in themselves, in effect, say: "What you see is Me. I do hope you like me, but, for better or worse this is who and what I am. Take me or leave me." Successful artists are those, who when performing, open themselves up and give their all - they give themselves totally to their audience. They’re not afraid to be vulnerable…
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So why are some people insecure? Too many parents mentally abuse their children between the ages of 1-5, an age when kids are totally impressionable; an age when they take everything "wrong about them" in as "fact", and don't realize a parent [or relative or neighbor] may be just taking their own problems out on them! And this insecurity stays with the children as they grow older, where they're still feeling something’s wrong with them…
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Simply put, whatever anyone thinks about anyone is simply their opinion. There is almost nothing in the arts, or even in real life where that isn’t true, no matter whether it’s what a person thinks about someone, or what they do, or what they create; it’s all just someone’s opinion.
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Now, there’s no reason why we shouldn’t keep our minds open to other people's opinions; they might make sense to you if offered in a positive, constructive manner. But if we don’t like what we hear, why should we let their opinion hurt us personally, and allow ourselves to spend a lot of what could be useful time, "in a funk"?
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That’s all "Funks" are good for - wasting time. They have you sitting still in the present, rehashing things from the past, over and over, thinking about any and everything associated with why you’re upset, instead of putting it all behind you, and simply moving forward.
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Whatever has happened in your life, no matter how embarrassing or harmful in any way, has already happened. You can't change the past. And you can’t change the future, either. But you CAN live and focus on the present…
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-Wednesday, August 25th, 2010-
Artists and Their Managers, and
Getting a Major Label Deal -
In 2010...Pt. 2
© 2010 David J. Spangenberg
In Part 1 we discussed how increasingly hard it is to be heard by, let alone get signed to, a Major Label, even if you have a Personal Manager. But, let's say they've heard and really like the Artist, and the Artist is making it up near the top of the ladder! They love you! You have one more hurdle...
2. - Actually getting signed to a Real Deal!
It's come to this: Nowadays it's become more and more likely that they won't sign you to any worthwhile deal unless you are signed to, not just a Manager, but a Major Management Company.
First, they don't want to take chances with someone who doesn't really know the Music Business and/or doesn't have the resources to really help the Record Company, as the Labels are putting more and more of their responsibilities, onto the Manager’s shoulders. They don’t want to take a chance on the type of Manager who either does nothing to help, or even messes up the works because of their lack of knowledge of the Music Biz and how it operates. And keep in mind that 2010 music business insanity can often be confusing to anyone with all the changes constantly happening!
Now, what if you're the Artist and you're already signed to a Manager? And you may love them! And you don't want to get lost in a large Management Company that has a bunch of other Artists! Now what?
Or, you may be a Manager, who has been with and helped develop, and achieved a close bond with an Artist - and you don't want to lose them or take an inferior deal for the Artist and yourself with a lesser Company! Now what?
There IS an answer! If you're a Manager, or an Artist there IS a way that will work and will be acceptable to the Labels. Simply put: The Manager goes into a "Co-Management" deal with a Major Management firm. That is, the Artist actually has 2 Managers. And, actually, this may turn out be the best of both worlds for both the Artist AND their Manager.
For the Artist: You'll have a personal, Personal Manager looking out for you; someone you're comfortable with and trust, and who will make sure you're protected from, and not forgotten by, the larger company.
And, you'll also have the benefit of being associated with a large company with all their people/contacts and other resources who can do so much for you - all that is necessary to compete in this crazy Music Biz world.
For the Manager: You'll have help with resources [film and TV placements, plus "Branding" and the like, etc.], the knowledge of the ever-changing Music Biz and what to do, and a staff to handle all the insane things that pop up and have to be dealt with every day.
Here's how it works: Depending on the situation/company, the Management Company will either:
1. Ask the present Manager to sign a Co-Management Agreement with them, or...
2. Will ask the Artist to sign a new Artist Management Agreement, with both the old Manager and the new Management Company now listed as Co-Managers
All in all, this can become a win-win-win situation, BUT remember to have a good and fair contract written and/or negotiated by someone like me, a Music Business Contract Specialist, or your Entertainment Attorney.
Tune In For The Next Episode...
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-Tuesday, August 24th, 2010-
Artists and Their Managers, and
Getting a Major Label Deal -
In 2010...Pt. 1
© 2010 David J. Spangenberg
I have found that a new trend is becoming more common in the Music Industry regarding:1. Artists wanting to get a Major Label, or one of its Subsidiaries to hear their music.
2. Just as importantly, actually being able to get signed to a worthwhile deal with them!
Simply put: the problems encountered by countless Artists wanting to get heard and signed throughout the years is getting worse. Of course there IS a way to solve the problem, but first you need a little background to understand the situation from both sides so you can plan accordingly.
Even starting back in the mid 80's, Artists found out that, if they wanted to get a deal with a Major Label, or one of their Subsidiaries, they couldn't even get any of them to listen to them, let alone sign them!
I remember one of my students in the mid '90s sent a professional looking and sounding album to quite a few labels - and every one came back unopened, some even a year later, usually with the words "unsolicited material - return to sender".
The truth was, and what Artists began to realize was, if they wanted to be heard by a worthwhile company, they had to go through a Manager, Publisher, Entertainment Attorney, or Known Producer.
Why? The record companies had many reasons, including, but not limited to:
1. - They got tired of dealing with hundreds of mostly "awful" tapes/CDs coming in every day.
2. - By going through a Manager, Publisher, Entertainment Attorney, or Known Producer, someone else was first screening the Artists and recordings for them.
And then, in effect, THAT Manager, or whomever, was then putting their name on the line! If one of these people started handing in bad tapes or CDs, they would get the "cold shoulder", too!
3. - They were tired of getting sued by people they never heard of, who said that the companies stole bits or all of their song.
Well, to make a long story short, if you thought the situation was bad enough, through the years the Companies got even tougher on submissions and who they would talk to. The presenters of material became too numerous and they had to whittle them down.
And it's now it's starting to come to this:
1. - Getting your music presented:
Say you are an Artist and you do have a Manager! Well, unless your Manager is well-known, or preferably, you're signed to a Major Management Company, there may be some complications along the way with your wish to get to the top. [By the way, it's often been just as hard to be signed to a Major Manager as to a Major Record Company!]
Well, first off, a relatively unknown Manager may be able to get heard by a low-level A&R type person. That's a great start, but it ups the odds of your recording being shot down somewhere along the way up the ladder before it ever reaches the Top Rung.
A well-known Manager (or Producer or Entertainment Attorney) will be able to reach the top of the ladder immediately, such as the President of the Company, Senior VP of A&R, or the like. That is, the actual decision makers!
But, let's say they like the Artist, and the Artist is making it up near the top of the ladder! They love you! You have one more hurdle...
…Which we’ll have to get to that tomorrow… along with a way to solve your dilemma…
Tune In For The Next Episode...
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-Monday, August 23, 2010-
Voice Lessons - Good or Bad???
© 2010 David J. Spangenberg
As a Producer, I have been forced over the years to become a voice coach way too often, basically trying to undo the mess caused by voice teachers! And, the more lessons the singer took, the longer it sometimes took me to get the Artist onto the right track…
Now, before I get a large volume of complaints from voice teachers, let's keep in mind that, just like with any other profession, there are good ones as well as harmful ones. I'll also ask all of you to please read this entire piece before wondering what, and how much, I've been drinking.
Instead of listing all the problems I face with these Singers, I'll narrow it down to the 2 main ones - and yes, they are related:
1. Teachers who through different means/lessons/whatever try to get the singer to sound like them, or someone else, or everyone else - instead of bringing out the uniqueness of each individual.
But worse than that, and because of that…
2. Teachers who want the singer to continuously "think" about or "watch" or "keep in mind" everything they're doing!
"Think about the notes you are hitting"; "think about your breathing", "think about your tone", "think about this", "think about that"…
Yes, I do understand that at first, when you are beginning to work with your voice [or any instrument] there are things to learn, and yes, think about. BUT, it must be made clear that the Artist must make them a habit so they can turn off their thinking.
However, the problem often is, the longer the Singer is made to think about things, without constantly being shown that the real aim is to eventually let loose and just feel the music, the artist often makes the act of thinking into a habit!
I'm sorry, but thinking about anything will prevent an Artist from ever becoming truly successful. How can you communicate with your audience if you are thinking about yourself and what you are doing - instead of actually singing the song? [That is, DOING - instead of THINKING!]
I'm sorry, but simply put: It is impossible to "think" and "feel" at the same time! This is the key difference between being a local Bar Singer, and being able to achieve National or International status as a respected Artist...
I don't care if you are thinking about the notes you are hitting, the ones you want to hit, the neat trick with your voice you did on the last recording that you want to do the same way - let alone the argument you had with your girl/boyfriend, what the audience thinks of your voice, or any other matter.
The end result must be that the singer let their inner feelings take over, and let their emotions out and feel the words and the music that they are singing about. They should be expressing themselves, speaking directly from their heart and soul to the audience - instead of being lost within themselves.
Taking into consideration that, yes, it does help if a singer has some talent, and some great songs, of course, but I'm sure everyone reading this has noticed, when you're in a concert, bar, or wherever you've heard live music, that you either find yourself thinking about all kinds of things or talking to your neighbor - or you can't take your eyes off the performer!
As is often said in the Industry, "If you want to grab your audience, it's got to come from your Heart - not your Head!"
The funny thing is, when a person learns to totally trust him/herself, where they don't think at all about what they sound like, or what people think of their voice, or whatever, and they actually let loose, two great bonuses occur:
1. The singer will sound like no one else, because their true individuality is coming out…
2. They find they are more comfortable with their real life outside of music - because they’ve learned to trust, and believe in, themselves…
Tune In For The Next Episode...
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-Sunday, August 22, 2010-
::Drum Roll:: Hear Ye, Hear Ye...
© 2010 David J. Spangenberg
Hi! I’m Professor Pooch of ProfessorPooch.com, and I'm happy to welcome you to a special edition of my Music Business Blog and PoochCast for Sunday, August 22nd, 2010.
This is a special day for me! I’m actually excited! With the help of my friends and cohorts Rebecca Firstenfeld & “Wicked D” Don Harrison, I’ve been able to start a highly modernized, stand-alone Blog and PoochCast section of my ProfessorPooch.com Site! And you’ll easily be able to slide back and forth between the sections – just click on the eccentric looking professor cartoon which is the Portal between the sections.
From now on, there will be new PoochCasts and Blogs appearing almost daily, where I’ll be able to share with you Life In the Music Business circa 2010 and beyond. And, you’ll still be able to catch up on my old blogs in the new Blog Section, with searchable by subject ease. Or if you just want to read or listen to them all in a row, just click in my main section on Blog Archives.
For those of you who haven’t been to my site lately, you will also notice a distinct updating and simplification of my main section, along with the addition of cartoon art from my dear pal Chipper daMunk – you gotta see her stuff!!!
No matter what, you can be sure that my aim is to continue to share with you plenty of useful info in the same easy-to-understand, down-to-earth language that my book and courses have. Now personally, my favorite form of communication is face to face, so I do my best to make you feel like you’re here with me in my living room, sharing some good times, while talking about and learning about music – the universal language!
Yes, it has been brought up to me that Mathematics is also a Universal language. OK, I agree. Actually, in a way, they are interrelated. And both have their place in our lives. Let’s look at them for a second:
When a person plays a bunch of notes together, basically making them into chords and such, what it comes down to is simply a musical version of mathematical equations. But then, give that flow of mechanical notes to a songwriter, a songwriter who writes from his or her heart, and it becomes much more... It then flows with feeling and emotion – or what I call - Mathemagical!
Oh yes, before you forget, please sign up to my mailing list – you’ll see a box on both sites - so we can keep you up-to-date on all the insanity in the Music Industry. And you can be sure, we will NOT give your information to anyone for any reason!
Also, feel free to give me non-personal topics that are important to you, and I’ll do my best to cover them in a future Blog and PoochCast™. And remember, if you want to talk to me on more personal music business matters, please email me at Pooch@professorpooch.com . No matter what, as always, I’m here for you…
And yes, for you serious minded folks hoping to jump head first into the music biz, first check out my book and courses – there’s plenty of free sample pages. Just click on the Black and red box to the right of the blog. They’re available as a Book, Courses as well as the total package at a greatly reduced price.
So, please stop by daily and visit me, Professor Pooch and remember to...
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-Friday, August 20, 2010-
Songwriting & Publishing Situations & Agreements?
© 2010 David J. Spangenberg
There comes a time in a Songwriter’s, or Artist/Songwriter’s, or Producer/Songwriter’s Career where the term “Music Publishing” comes up. [Actually once anybody learns about the Music Industry, they usually at least try to get a piece of the Publishing Pie.]
At that point in time, if you as a Songwriter are signing with the Publishing Company, in effect you are turning over ownership of your song to a Publisher, in exchange for money and royalties.
If it is to be a fair relationship:
1. The Publisher [the business half] keeps half of the money and royalties, and
2. The Songwriter [the creative half] gets the other half of the money and royalties, and
3. They also split half of the ownership! In this case you can work out a “Co-Publishing” Agreement. You do NOT need to own your own Publishing Company to receive your half of the monies!
There are two main kinds of Songwriter Agreements with Music Publishers:
1. "Exclusive": An “Exclusive Songwriter’s Agreement” covers all songs a writer has ever written in the past that haven’t been assigned to a Publishing Company yet, and also all songs they will write for a period of usually 2-5 years in the future.
2. "Per song": A "Per Song Agreement" is NON-exclusive, and is used for usually 1, 2 or 3 particular songs.
I highly recommend that, if you are signing to a Publishing Company, other than your own, you first sign over just a song or two to see if they can really place your songs – and limit the time they have to place them, for no more than 18 months. Remember to have a properly written “Escape Clause” to ensure your release if nothing happens, so that the ownership of the song reverts back to you!
If you are signing as an Artist to a Production or Record Company, they will expect you to sign an exclusive Agreement. In this case, make sure your Songwriter’s Agreement ends when your Record Company Agreement ends! [You don't want to stay stuck with their Publishing Company if you want to get another Recording Deal, if at all possible -You may need this bargainibg chip for your next Recording Deal!] Btw, this is known as “Co-terminus”
I do highly recommend you form your own Publishing Company. This is easily done by simply going to bmi.com, ascap.com, or sesac.com, choose one, and download, sign and send in your form. If you haven’t signed up as a writer, also download and send in those forms – if you wish to get paid!
Now, remember, if you are a songwriter, you should sign Yourself to an Exclusive Songwriter's Agreement to your own Publishing Company, for say, 5 years [at least]. Yes, you need to sign yourself, as writer, to yourself, as Publisher. Why?
A. You're most probably going to have to split your publishing with someone else at some point in time, and this will make sure that your contract to yourself [if properly written] protects you much better than if you use another Publisher's Songwriter's Agreement.
B. If you ever decide to sell your Publishing Company [and many people eventually do] - you'll continue to get paid as a songwriter by the new Publisher! [If you DON'T sign to yourself, they have an out!]
For more information on Publishing, check out my sample pages on my Songwriters & Publishing Course, at professorpooch.com.
Tune In For The Next Episode...
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-Wednesday, August 18, 2010-
So, What Are Your Chances of Signing With a Major?
© 2010 David J. Spangenberg
It's a known fact that if you are a new Artist, and you’re dream is to sign with a Major Label, or one of their subsidiaries, the initial recording contract they are going to offer you, will be very one-sided!
You normally can't get around it. The key word is: "Normally". Here are some instances where a Major or Mini Major Record Company may be willing to give you a better offer. My list is in no order, but I’ll leave the best way, in my opinion, for last:
1. Recording with, or being represented by a Successful Producer and/or Production Company
2. Being represented by a known and respected Manager. Preferably, one who has friends in the business, especially one who has Artists already with the Company you want to approach.
3. Out and out Hit Songs - and preferably in Master form, ready to put out there.
4. You've written hits for other Hit Artists.
5. You're already known in the entertainment industry, such as you've been an actor or model on TV, film, or what not.
6. The enthusiasm of the Company re: the Artist's potential.
7. The financial shape of the Company.
8. The "chemistry" between the negotiators (how they get along).
9. Record Companies previous bad experiences
10. Whether Publishing is involved [and how much].
11. But the best way??? Where the Record Company comes to YOU! And, all of a sudden you have a bidding war between companies for the right to sign you!
Now, what would make them come to you? The answer? There’s a gigantic "BUZZ" around you! People [that is, your paying audience] love you, and you're already selling a lot of records on your own - or with a small label. Everyone is writing about you. You have a large following in person and through your web site. It still doesn't hurt to have a powerful Manager or Producer representing you. And a few of the other's listed above. Just make them want to come to you.
The fact is, most Major labels are extremely paranoid about signing anyone nowadays. Their preference is to have you sell 50,000 by yourself, or with an Indie, so they figure they're not taking a big chance. At that point, most Indie's distributors don't have that international reach that Majors have, so they kind of join hands, or the Major makes a settlement with the Indie to take over your contract.
Something to always keep in mind is, no matter WHO you sign with, make sure you can make money from side things, such as songwriting, merchandising and performing to make up for what you don't get from the Record Company.
The problem is, many of the Majors, and it's trickling down to the "lesser companies", are now attempting to take over those profitable ends, in what is known as “360 Deals”. This includes, not only the sales of recordings but also Publishing, Merchan-dising, and even Artist’s Live Performance! Look, when Record Com-panies see a way to make money, they're going to go after it.
No matter what, the trick is for the Artist to make their 1st contract last as short of a time as possible, while the record company tries to make the 1st contract last as long as possible. The Labels know that as soon as an Artist become's popular, the Artist is going to want to make more money and have more creative control than the initial contract would offer. And if it's over quickly, the Company is going to get stuck offering them a lot more money and power if they want them to re-up.
Tune In For The Next Episode...
"Our aim is to help guide you, protect you,
and to answer any and all of your questions regarding
the Creative, Business and Legal sides of the Music Business,
in plain, easy-to-understand "People-Talk".
No matter what style of Music, no matter what you do,
no matter what stage of your career - we're here for you!
Let us help you save wasted time and money.."
David J. Spangenberg
["Professor Pooch"]
Music Business Consultant,
Educator & Advisor
Contract Specialist
E-mail David at: Pooch@professorpooch.com
