Music Business/Law Tips - "DIY Pitching Music"

Clients I have that have been able to place music, they are done it these ways: (1) developed a relationship with a music publisher who would pitch, (2) developed a relationship with a manager who would pitch, (3) developed their own one on one connections with labels, artists, managers, publishers, producers, A&R reps, etc by going to lots of music conferences, etc and making their own one on one connections. Of course there are third party services like Taxi that help to get that initial break and then once you have a cut or a hit its easier to meet the movers and shakers. Ive have found that with Facebook you may be able to track down and artist or producer A&R person or music publisher or other record exec that works with the kinds of acts that might cut your tune(s) and send them a pitch direct. If you are BMI, ASCAP or SESEAC and know a rep inside you might also want to get their opinion/suggestions as they have the inside track on a lot of projects looking for songs. Ben McLane Esq benmclane.com

Music Business/Law Tip - "Recording Advance"

A "recording advance" is the money paid by a record label to/for the benefit of artist used to cover the costs of recording a record (i.e., studio rental, producer, mixer, session musicians, engineer, equipment). Normally, this amount would be recoupable against the artist's future royalties. Budgets can range from a few thousand to a million dollars. Ben McLane Esq benmclane.com

Music Business/Law Tip - "Copyright Reversion"

In a publishing/songwriter agreement, try to negotiate for "reversion" of copyright after a certain number of years and/or if certain criteria are not met by the publisher (i.e., no licensing). Also, try to make sure that the contract does not say that the songs are "works made for hire", as that might disallow the right to "reclaim copyright after 35 year rule" in the Copyright Act for songs written from 1978 on. Ben McLane Esq benmclane.com

Music Business/Law Tip - "Songwriter Key Income Streams"

The 3 primary income streams earned by a songwriter are as follows: 1. Mechanical Royalties: Currently 9.1 cents per song included on a CD or download. 2. Performance Royalties: From play of the song(s) on radio and TV. Amount varies depending on the volume of play, how many listeners, etc. 3. Synchronization ("Sync") License Fees: From the usage of a song in TV, film or commercail (i.e., in conjunctioi with a visual image). Amount varies depending on the company licensing, how popular the song is, how long the song is used in the spot, etc. Ben McLane Esq benmclane.com

Music Business/Law Tip - "Buy Beats"

It is possible to buy or rent beats to incorporate into your music. There are companies/producers that will sell or license their pre-existing beats to you. There are 2 basic ways to handle this: Buy Out Exclusive Rights: This normally means you have to "purchase" the beat where you have it exclusively for any and all uses without restriction and never have to pay any more to the original owner/creator. Giving credit to the original producer/writer may or may not be a part of this deal. This is preferable so you don't have to worry about having to account or ask for permissions in the future. License: This may or may not be exclusive, and only lets you sell a certain number of units containing the beat or use the beat for a limited purpose. There may or may not be a back-end royalty due, and right to edit may or may not be granted. This is not the preferable way to obtain a beat, but its normally cheaper on the front end. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Kickstarter Basics"

Kickstarter is a platform where Creators run campaigns to fund creative Projects by offering rewards to raise money from Backers. By creating a fundraising Campaign on Kickstarter, the Project Creator is offering the public the opportunity to enter into a contract with the Creator. Kickstarter is not a party to the agreement between the Backer and Creator (all dealings are solely between the parties). A Project is defined as something that has a clear goal, like making an album, a book, or a work of art. A Project will eventually be completed, and something will be produced by it. A Project is not open-ended. Starting a business, for example, does not qualify as a project. It is the Project Creator's responsibility to complete the Project. Normally, the motivation for a Backer to invest is that they are rallying around their friend’s Project, supporting someone they have long admired (i.e., a fan), or are inspired by a Project's rewards: e.g., a copy of what's being made, a limited edition, or a custom experience related to the project (i.e., a date). Kickstarter's Terms of Use require Creators to fulfill all rewards of their Project or refund any backer whose reward they do not or cannot fulfill – Creators have a legal obligation to do so. Also, a Creator shall not, and shall not permit any third party using its account to, take any action that it knows is false, misleading, or inaccurate, or is deceptive or fraudulent. Essentially, a Creator has to make a good faith effort to complete the Project and fulfill. If problems come up, a Creator is expected to post a project update (which is emailed to all Backers) explaining the situation. Sharing the story, speed bumps and all, is crucial. Most Backers support Projects because they want to see something happen (i.e., completion of an album) and they would like to be a part of it. Creators who are honest and transparent will usually find Backers to be understanding when plans change. Sometimes the execution of the project proves more difficult than the creator had anticipated. If a creator is making a good faith effort to complete their project and is transparent about it, backers should do their best to be patient and understanding while demanding continued accountability from the Creator. If the problems are severe enough that the Creator cannot fulfill their Project, Creators need to find a resolution. Steps could include offering refunds, or other actions to satisfy Backers. A Project Creator is not required to grant a Backer’s request for a refund unless the Project Creator is unable or unwilling to fulfill the reward. Ben McLane Esq benmclane.com

Music Business/Law Tips - "Mix Tapes Issue"

Putting up a free mixtape at websites like DatPiff.com can lead to potential infringment lawsuits by the original artists that are being sampled without permission/license. Heres why: Even thought the mixtape is not being sold and no direct money is being made per se, the claim would be that the mixtape artist is still profiting/benefitting indirectly from the unauthorized sample by giving away the mixtape to build a fanbase that would later buy the mixtape artist's albums, concert tickets and merchandise (but the original artist who is being sampled gets nothing). Best to clear all samples on free mixtapes to avoid any problems. Ben McLane Esq benmclane.com