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By Donavon Parker
Congratulations, your album is finally finished and you are ready to share
your masterpiece with the world! You have already read "The Secret to
Using Social Media to Build a Massive Base" and you are eager to implement
those ideas and promote your project. You have gathered a list of websites,
DJs, booking agents, A&R's and promoters to begin networking. Well...
on that list is a sketchy promoter, an unethical booking agent and a commercial
DJ waiting to take your money. There are members of the music community who
prey on unsigned musicians. "The music business is a cruel and shallow
money trench, a long plastic hallway where thieves and pimps run free, and
good men die like dogs. There's also a negative side."-Hunter S. Thompson. "Music
is spiritual. The music business is not."-Van Morrison. These quotes
summarize how many musicians feel about the business side of the music industry.
As a musician, you are expected to understand how this business works and
to have certain tools; not having these tasks completed and not knowing these
things will lead to trouble.
It is an open invitation for some unethical people to take advantage of you.
I have provided a checklist to ensure that you do not become easy prey for
unethical music industry professionals. Completing these tasks will show industry
professionals that you are serious about your career. It will also show unethical
people you have some knowledge about how the music industry operates and have
steps to protect your work.
Protect Your Brand: Service Mark, Copyright and Register
A few years ago, a family member decided to get into
event promotions. I sat down with her and helped develop a simple, unique
and memorable company name. During the same period of time, a DJ and two
promoters were looking to reinvent themselves with a joint venture. They
posted three names and wanted the public to vote on the best choice. None
of the names were close to the name we developed. One of the promoters contacted
her and inquired about an industry showcase she was promoting. A few weeks
later she headed out-of-state for the industry showcase. During the showcase
she was visible upset. I asked her "what
was wrong?" She showed me a message concerning the name of a new company
in the area. The commercial DJ and promoters announced a name that was almost
identical. The general public would assume it was the same company. Most people
think and call things by the short version. I knew the DJ and decided to send
him a message. The DJ called and he begin to brag that his stage name is almost
identical to a famous rapper. He explained that he was able to get away with
this because the rapper had never taken the time to service mark it. He continued
by listing a number of other people and companies he had done this to. I realized
that his career was built on this and nothing he had done was original. I then
thought about all the young artists that send him their music, without copyrighting
it first. The situation evidently worked itself out but it reinforced a message
my mentor always stressed: SERVICE MARK, COPYRIGHT and REGISTER!
(1)Service Mark Your Name
What is a service mark? Take a minute and read the legal definition of this
term. Also check out the definition of the words: copyright and trademark.
Service Mark: Any word, name, symbol, or device, or any combination thereof,
used by a person to identify and distinguish the services of that person, including
a unique service, from the services of others. Titles, character names used
by a person, and other distinctive features of radio or television programs
may be registered as service marks. (California Business and Professions Code
section 14202(b)).
(2)Copyright Your Music
A copyright is a legal device that grants the creator of the literary, artistic,
musical or any other creative work the sole right to publish and sell his or
her work. (www.legal-dirctionary.thefreedictionary.com)
(3)Trademark and Register Your Business Name
Most states require that you register your business name. This can usually
be done by visiting your town's website or visiting town hall. There is a form
to fill out and a very small fee. Registering your business does not prevent
someone else in another state from using it. You want to apply for a trademark.
A trademark guarantees exclusive use, it legally establishes that your name
is not already being used, and government protection from infringement.
You can service mark, copyright, register and trademark your brand through
the services of an intellectual property attorney. You can also protect your
brand by filing out the paperwork on an online legal documentation service
website. Another option you have is going to the United States Patent and Trademark
Office's website and the United States Copyright Office. The best option is
consulting with an intellectual property attorney. Make sure you also register
the names with all social media websites and register the domain name.
(4)Music Review
Sometimes your least favorite song is the public's favorite. What you might
think is a hit may need a little more work. That is why, it is so important
to have your music reviewed by an outside source. Do not ask your friends or
family members because it puts them in a very comfortable position. You can
find a number of companies that review music by doing an engine search. I recommend
the following websites: Blazetrak, Soundout and Reverbnation.
(5)Professional 8x10 Photos
The entertainment business is all "smoke and mirrors" and
your image is everything. As an entertainer, you have to be aware of how
important it is to cast the right image. In a perfect world musicians would
be judged strictly on the quality of their music. Unfortunately musicians
are judged on other things and part of casting the right image is having
professional quality photos. Professional photos show potential fans and
entertainment industry professionals that you are serious about your craft.
Your photos will be used on all your marketing and promotional materials,
as well as social media websites. Professional photos will portray your band
in a positive way.
(6)Bio
Every serious musician should have a Biography. Now I
know what you thinking, "Who
does not have a bio?" I see a lot of independent musicians without a biography
and very few with a memorable bio. I know local artists who have spent thousands
on their career and have not invested any time into writing a great bio. I
do not like the idea of having someone else write an artist's bio. An artist
knows himself best and should be the one who writes his bio. A professional
writer or service should check it, make suggestions but not write it. All bands
should have a long and a short form biography. Your bio should be consist,
include background information and should be one page. There are some great
templates online. My favorite is "Questions from The Business Network
DIY-Bio- Artist Questionnaire"
Important Tools
Imagine someone in uniform without a badge or a gun.
What goes through your mind when you see a security guard? Do you respect
a security officer the same way you respect a police officer? So how do you
think Commercial DJs, Program Directors, A&R's, Booking Agents and other
Industry Professionals view an artist who doesn't have a PRESS KIT or EPK?
An Electronic Press Kit is a Press Kit in electronic form. This is your resume
or portfolio. Press Kits are so much easier and less time-consuming to put
together today than they were for musicians of the pre internet era. Several
companies allow you to create a free press kit online; they make the process
very simple. You can create one at Presskit.to, Sonic bids, Linked In, Reverberation,
Artist ECard and Ourstage.
Importance of Bar Coding and Registering
Envision your career not taking off so you are forced
to take a job as a laborer. You spend 30 to 40 years in poverty, struggling
to support yourself and your family. Unbeknownst to you, your music is very
popular in another country. In fact, your music is more popular than The
Beatles and Elvis Presley! There are booking agents waiting to schedule you
to perform in front of thousands. Your music has been played on the radio
and money is owed to you. This is the true story of "Rodriguez, The Rock Icon Who Didn't Know." It illustrates
the importance of registering with Soundscan, BDS, Mediabase, and Gracenote
and having your music your bar coded (ISRC and UPC). Some of the codes, on
the CD of your favorite mainstream band, trace the sales and uses of their
music globally. Their label and management team use it to collect royalties
owed to the band. This information is used to determine awards, chart placements,
airplay and bookings. Music industry professionals use this information to
keep track of which independent artists are "hot." These codes also
identify your project, your company, your label and you!
(7) Bar code Your Music
There are several options available to have your album or mixtape bar coded.
You need to apply for an International Standard Code (ISRC) as well as a Universal
Product Code (UPC). The first choice is the most expensive and will provide
information on both your company and your project. You should purchase a bar
code BEFORE you have your CD or mixtape pressed. This process takes a little
under a month, usually about three weeks.
(a) You can purchase a bar code by going to http://www.gs1us.org/get-started/im-new-to-gs1-us,
completing the registration form and paying the fee.
You can also go to a service provider such as CD Baby, TuneCore, Disc Makers
or Indie Artist's Alliance and purchase a bar code through them. This option
will not provide information on your company. It will track only your project.
(b) You can obtain an alphanumeric ISRC by visiting the United States ISRC
Agency's website, filing out a form and paying the $80 fee. You can also obtain
an ISRC from an IRSC manager or music service provider. The benefit of obtaining
an IRSC through a manager is that it becomes their responsibility to report
and record your codes to RIAA (Recording Industry Association of America).
You can go to a service provider listed above.
(8) Register to Soundscan
After you have your bar codes you need to register them at Soundscan's website.
(9) Register To Mediabase and BDS (Broadcast Data Systems)
MediaBase collects data on airplay using people. BDS collects data using computers.
You need to register at both their websites. Submit your CDs and MP3s free
of charge through BDS's website or by mailing it to Nielsen, 8100 N.W. 101st
Terrance, Kansas City, MO 64153, Attn: Encoding Department. Next you want to
go to Mediabase's website, fill out the simple form and submit it.
(10) Upload and Register To Gracenote
Have you even placed a CD is your computer and only "Title 1" is
displayed, instead of the name of the song and musician? One of the things
that industry professionals and fans dislike most is having to type out the
song by hand. It is one of their pet peeves. They love it when it's already
done. The service is free! All you have to do is upload your album to Gracenote
and fill out six a few lines. Gracenote is "a company that maintains and
licenses an Internet-accessible database containing information about the contents
of audio compact discs and vinyl records. It provides software and metadata
to businesses that enable their customers to manage and search digital media."-Wikepedia.
It takes Gracenote two to three days to process request your data. Your fans
and music industry insiders will be thankful and it only takes a few minutes
to do this.
(11) Musician Business Plan
Would a country go to war without a battle plan? Would
a successful businessperson launch a new multimillion dollar business without
a business plan? NO! Neither venture would be successful without a plan,
yet most indie artists enter the most competitive business in the world without
a clearly defined plan. Everyone preaches about the need for a plan and very
few people see the true value or benefit. My dad was in the military and
he trained me to always have a plan. I do not realize the importance of having
a plan until a few years back. I went paintballing with a few friends. Some
were actively in the United States Armed Forces. They decided to divide into
two teams. One team was composed of "civilians" and the other team was made up of "soldiers." I
developed a plan and I noticed the "military" team do not. I was
shocked when we, the "civilian" and "first timers" won.
We had two more battles and we also won those too. That day I realized, if
civilians who are new to paint ball can beat trained military soldiers who
paint ball on a regular basis, then having a plan is vital to success in any
endeavor.
Now the music business is not war but a times it can feel like a war zone.
Artists are competing with a lot of other artists to get noticed. Having a
plan will help you develop a detailed strategy and help you identify the best
way to spend your budget. The important sections of a musician business plan
are: Company Summary, Products and Service, Marketing Analysis, Marketing Programs,
Management Summary and Financial Plan. The business plan will be quite lengthy,
it will be between 20-35 pages. A great template to use can be found at Saskmusic.
(12) Join a Performing Rights Organization (PRO)
As the writer of a song, you are entitled to be paid when your song is performed
or played in certain public settings. These settings include nightclubs, television,
radio, sports arenas, theme parks, websites, restaurants and concert halls.
These establishments are given a performance rights license through a Performing
Rights Organization. The Performing Rights Organization collects royalties
on behalf of the writer and allocates a percentage to the musician. In most
countries there is only one Performing Rights Organization. In America there
are several; the two biggest performing rights organizations are ASCAP and
BMI, with SESAC being the third. You or someone in your company needs to be
a member of one of these organizations. An individual is not allowed to become
a member of both ASCAP and BMI. You can find detailed information about all
three by viewing their websites.
(13) One Sheet (Press Sheet or Promo Sheet)
A one-sheet is one sheet of paper that provides information on a specific
release and the songwriters behind the release. It should include the following:
logo, biographical information, photograph, cover of artwork for the project,
names of the best tracks, achievements and contact information. It is quick
summary of your band and your band's work. A promo sheet should accompany an
album or mixtape when it is shipped to radio stations, websites and magazines.
(14) Have Your Own Website
Have you ever read the "terms of service" of
the most popular social media websites? Do you comprehend all their rules?
Most musicians and artists are unknowingly violating the terms of service.
In fact, some people's account can be deleted because it violates the website's
vague set of rules. Using a moniker or nickname violates their terms of service.
I personally know several DJs and artists who have had their account deleted
or hacked. They lost thousands of fans and contacts they spend years gathering.
If your Facebook or Twitter account is deleted, how will your fans stay informed
of upcoming shows? How will they find links to your new music? Facebook,
Twitter, MySpace and Digg are all parts of an artist's online presence but
their website is the most important piece. Their rules are in place to protect
the brand of the owner and shareholders not your creative passion. A website
will allow fans to find your online if one of your social media pages is
ever hacked or deleted. It also allows fans to purchase merchandise and looks
professional to entertainment professionals. They should be able to search
for your name online and easily find your music. Having your own website
helps you build your brand instead of building the brand of someone who only
cares about numbers. There are a number of free website builder so the cost
of a website isn't an excuse today. You can also add links and banners to
generate income. My website was built using a free service. If you do not
want to use one the free website builders, look into inexpensive alternatives.
(15) Music Conferences and Seminars
I have never been in a room with five or more creative passionate artists
and not had a GREAT time. Whether it's the studio, a party or a music conference.
I just don't understand how anyone can say that any of these events are boring.
The most common excuse I hear from artists is that music conferences are boring.
Music Industry Professionals are bombarded with music from unsigned and independent
artists. So how do you get noticed? One way to stand out is by attending a
music conference or seminar. It is a great way to networking with music insiders
and other artists. Every musician should attend at least one conference or
seminar a year. Search YouTube and you will discover that even superstars attend
music conferences and seminars. Performing Rights Organizations such as ASCAP
host one and so do certain parts of the country. The Northeast region has several
good music conferences and seminars. Some of my favorites include New England
Music Awards and Conference, New Music Seminar, New England Music Seminar,
CMJ Music Marathon, All Access Music Conference and ASCAP Expo NY Session.
Find success in the new music business by understanding the most important
steps to take! The independent music scene is filled with talent that is not
making it's way into the spotlight. Many indie musicians are lost and this
article was written to provide a blueprint.
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