Music Business/Law Tips - "Arrangements"

If you are arranging an old song already in the public domain, then you can copyright your new arrangement/version of the public domain work [see copyright.gov for form]; however, with respect to royalties from exploitation, when you register the new work with ASCAP or BMI since its a contemporary arrangement of a public domain work, they have some sort of committee that applies a formula comparing the original version to your new version to see if the new version has changed significantly (i.e., amount of new material) and will give you a writer percentage based on their review (e.g., they might agree to give you 50% writer credit/income instead of 100% as if it were a brand new song you wrote); record companies will normally pay mechanical royalties based on whatever bmi/ascap has determined is your percentage.

If your arrangement is of a contemporary song that is not yet in the public domain, under the copyright law only original words and music are copyrightable and in general an arrangement is not considered copyrightable (except in the rare case of public domain arrangements that are significant - see above); so under this scenario you would not be able to claim copyright (unless you contacted the original publisher and they agree to make you a co-writer of the derivative works which is rare or everyone would be trying to say they cowrote song with the Beatles, etc), but you can list yourself as arranger for what its worth since that is true.

Music Business/Law Tip - "Journalist"

All bands need press and exposure. There are a multitude of fanzines (both traditional and online) that print interviews, review CDs and shows, etc. Try to hook up with one of these as a writer and/or reviewer, even if you have to do it for free at first. All of these fanzines and blogs need content. This will get your foot in the door and give you a calling card to have access to bands. Then, if you approach a band (either directly, through management, PR agent, etc) as a "journalist" and seem to know about the band and its particular scene (make sure you study your subject) - and not act like a wacky fan or stalker - you will be able to speak to the band and get your story. It all builds from there to one day maybe you will be writing for Alt Press or Rolling Stone if you stick with it.

Ben McLane Esq
benmclane.com

Music Business/Law Tips - "Attorney"

In my opinion - and this would apply to any industry person you would want to approach, be it an attorney, manager, booking agent, PR rep, label, etc. - the best time to hit up an attorney is when you have laid the proper foundation to give the attorney the tools to work with so that he/she can actually help you, or have a reason to help you (e.g., touring history, fanbase, great songs, killer image, stability); without these elements in place, you are probably not yet a real business, and despite how "hooked up" the attorney is, it is probably too early to get him/her involved because any situation he/she would introduce you too would no doubt require these elements.

Ben McLane Esq
benmclane.com

Music Business/Law Tips - "A&R"

The basic function of an A&R person is to find amazing talent for the label he/she works for; talent that hopefully will sell lots of records/have a long career. Hence, the A&R function exists at labels both large and small. Major labels might have designated A&R reps, while an A&R person at an indie might also perform other functions (e.g., sales, marketing, janitor). In general, once the A&R person signs an act, he/she would be involved in helping administer the making of the record (i.e., setting budgets, selecting producer, choosing songs, etc.), and ultimately helping create the marketing campaign/imaging the artist. The A&R person is normally the biggest champion at the label for the artist, and it is wise for the artist to keep close communication with that person. Unfortunately, there is a lot of turnover at the A&R level and some new A&R types might make an unwise decision that damages an act, so an artist would be well advised to get everyone at the label behind the project to ensure it has the best chance of success.

Ben McLane, Esq
Benmclane.com

Music Business/Law Tip Of The Week - "Full Time Artist"

If an artist is serious about making music his or her career, then quit the day job immediately. The clock is ticking and there is no time to waste. To beat the competition requires a 100% full time commitment to the band. The building process takes years for most, so start now. There are countless ways to make money in music while at the same time moving the career forward (e.g., tour, film/tv placement, sell merch). Worst case, there is always grandma, girlfriend, dad, aunt, investor, credit card, etc to keep a person going until they are self sufficient. So, no excuses.

Ben McLane Esq
benmclane.com

Music Busines/Law Tip Of The Week - "Agent"

If you are a new band only drawing a small crowd in your own backyard, it is doubtful that any booking agent will be interested, or be able to do much to help. You have to remember that an agent's livelihood depends on taking a cut from what the artist makes off the show (usually 10%). Most new bands lose money or break even on shows, so it is not worth an agent's time at that level. Because of that, in general it is up to you to book yourself initially. Once you start to develop a following in your region and elsewhere, at that point a good agent might be able to take over the reins for you as they will then have something to work with, and also will be able to make some money. If an agent does work with you, along with the commission you will be paying them, one would hope that an agent could increase your fee, get you opening slots for larger bands, book more prestigious venues, introduce you to the industry, etc. Many agents work without an exclusive contract, and I would suggest not signing anything if possible since it is in the best interest of the band to keep its options open. Touring is the bread and butter of the band, and you want to make sure you have the best agent on your team, and it may take some auditioning to find the right one.

Ben McLane Esq
benmclane.com

Music Business/Law Tip Of The Week - "Self Promotion"

Maybe this is not a completely new concept, but it has certainly been reinforced this past year: that artists need to act like a business/their own label to market themselves. They need to play live and tour as much as possible in and outside of their region, and use any and all means to self-promote/sell music (internet, street teams, print, radio, etc). Only then will an actual record company take interest - once there is a following.

Ben McLane Esq
benmclane.com