PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Chapter 21

Introduction to Music Business

 The business of music There are two music worlds. There is the world of pure music, which involves the creative side of things, songwriting. rehearsing, and performing, and there is another world which must come into play IF you truly want people to hear your music...the Music Business.

Making music and making a living from your music are not the same thing. When it comes to getting your music into the marketplace you must fasten your seat belt and get exposed to the world of music business. How does it work? From writing your song and copyrighting it to finding a good record producer, getting the job out of the studio, promoting the song, getting a record deal, signing contracts, releasing an album and marketing it, all the way to getting booked for every major gig. You need to know how it works.

Did you know that the Supply of Existing Marketable Music Is Greater Than Any Demand For New and Unknown Music?

You have to make people aware of your music, and You have to create the demand for it, by getting the attention of the various gatekeepers in the record business and in the media who control the access areas for exposing new music (the record labels, distributors, stores, and live venues, as well as radio, TV, and the print media). No one is sitting at home waiting for you to release your music.

What is the Music Industry Like? The music industry or music business consists of the companies and individuals that make money by creating and selling music. Among the many individuals and organizations that operate within the industry are: the musicians who compose and perform the music; the companies and professionals who create and sell recorded music (e.g., music publishers, producers, recording studios, engineers, record labels, retail and online music stores, performance rights organizations); those that present live music performances (booking agents, promoters, music venues, road crew); professionals who assist musicians with their music careers (talent managers, business managers, entertainment lawyers); those who broadcast music (Television, internet and broadcast radio); journalists; educators; musical instrument manufacturers; as well as many others.

Until a few decades ago, music business was not such a very serious one. Your parents would tell you they were discouraged from doing music because their own parents could not see prospects in it. But today the story has changed, as the business has emerged as a multi-billion dollar one. Today you find conglomerates and corporations running very large music ventures, with musicians and music industry executives being some of the richest people on earth.

However if you don‘t know how money flows in the industry and the rules of the game, you might keep struggling all through your entire stay. The business is such a very peculiar one. Being PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org experienced in other fields of business does not guaranty success when you navigate towards music business. You must be acquainted with the tricks and tactics. It‘s so complex that even as the author of this book I have to admit that this section of it is the most challenging. No two countries of the world operate same model of music business. Every market has its own peculiarities and dynamics. Do I describe the industry from the perspective of the placed I‘m based or from global perspective and the ideals of international best practices in music business? If I choose the global perspective, will it be a perfect guide to the upcoming act operating locally? If I decide to go local, will it be an ideal roadmap for the artiste that is hoping to operate in both worlds? Really, it is a daunting task!

So, what I thought is best and decided to do is to dissect only those core areas that are applicable to the business of music everywhere in the world, and somewhere towards the end share a few information on the peculiarities of the African/Nigerian music industry.

 10 Steps to a Successful Music Career

There are few guarantees in today's music business – even a deal with a major record label isn't necessarily going to make you rich. However, what I can tell you is that there are several things that any aspiring musician who wants to take their career further must do in order to give themselves the best chance of success.

Hence this guide: if you do nothing else, make sure you do the following.

Get good

You can't make it in this business unless the music you make is good. 'Good' means that it has a market (beyond your loyal friends and family) and that you can write and produce to a standard substantially higher than average.

It's a harsh reality to face but, looking at the law of averages, it stands to reason that not everyone will be above the centre line. If enough unbiased people are telling you that what you do is impressive, do everything you can to become even better. Devote time, effort and - yes - money to fuelling your dream. If nothing is ventured then nothing is gained.

Get motivated

Write every day. We all know people who have 200 tracks on their hard drives which amount to 'good starts' but no more. This isn't enough. Whether you're making dance, pop or rock records, no successful record has ever featured a single verse or promising intro alone.

The art of writing is one that develops with time and effort and, if you're good already, imagine how good you could become with practice. It's amazing how lazy musicians can be with their talents. Take a tip from other competitive industries such as sport where, irrespective of natural ability, no athlete lines up to run a race without having trained every day for years. Get motivated and get to work. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Multi-task

If you're really hell-bent on going it alone, you'll need to learn how to multi-task and organise your time. To start with, you'll find it easiest to commit time to the creative side as this is the aspect fuelling your dream, whereas devoting hours to getting on the phone to chase contacts, updating your website or posting new gig details on Facebook will feel much less fun.

However, planning your time so that you're spending enough of it on each task is essential - remember, if any part of your business is ignored, the whole thing will collapse.

Discover marketing

Never assume that your music will have so much appeal that it will sell itself. Quality alone is no guarantee of success - we all know of music that we think deserves a wider audience while, conversely, we also hear music whose success seems inexplicable. These successes and failures can be explained by a single word - marketing.

People who don't know your music exists can't buy it and that's true even if it's the best song ever written. Any and all ways of letting potential fans know of your existence must be explored. Ignoring marketing in favour of churning out new material will guarantee that your fan base won't expand beyond your friends and family.

Get social

Start your marketing with social networking. This costs nothing but time and it's not hard to bring a network of people together who will begin to understand what your music is about and help you spread the word. Also free are sites like SoundCloud and Bandcamp which let you upload music for your grateful public to hear, comment on and, in the case of Bandcamp, download or buy.

Setting up accounts within YouTube and Vimeo for visual content is also free, so you can broaden the appeal of your label beyond the purely musical there. Videos of studio sessions, screen capture videos highlighting your mixing processes, even photo content cut to a rudimentary video over one of your tracks are all powerful marketing tools which you can promote through Facebook and Twitter. And if that's still too daunting, services such as Root Music will easily pimp out your Facebook band page for a more pro look.

Go professional

As your profile grows, it might be time to bring in specialist marketing personnel. Generally, such people are hired in blocks of one month (three is recommended as a minimum for an album launch) and it's their job to raise awareness of your product.

Specialists like this spend their lives keeping in touch with people you'll find it hard to reach yourself, such as newspaper and radio journalists, pluggers, gig bookers and other essential industry contacts. You'll effectively employ them to take your product to market and work as hard as possible to ensure that awareness of your record and label moves a few crucial rungs up the ladder. Often, the momentum generated by a few months of carefully planned marketing can be sustained by you thereafter PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

There are things you can do solo though, such as sending your tracks to your favourite blogs or blogs that suit your music. Most of them have SoundCloud DropBoxes too, to make it even easier.

Get online

Register a domain name, find an Internet Service Provider (ISP) and get a website built. It needs to be one which draws people back regularly, so keep it loaded with content, update it as often as possible, and make it intuitive and informative. If you're having a slow month without activity on your own label embed links to studio sessions, live gigs you've had recorded or even to videos for tracks by other artists you admire, to show not only that your label is 'on the move', it's also aware of what else is going on in the industry and that it can be the place to get a real sense of what's happening out there in your chosen genre or style.

You don't need to be a programmer either. Services like WordPress and Tumblr can give you a professional-looking platform that's easy to master and maintain and doesn't have to look like a blog. There are a huge number of free themes that enable you to make it personal.

Get smart

One simple question - can you develop the skills required to balance the books? Just as most musicians don't find marketing a very 'natural' process (most of us would far rather be in the studio, onstage or in a DJ booth), so it often proves with financial matters.

However, this side of working life isn't something to be feared or ignored and, with some careful organisation and time dedicated to understanding basics such as income and expenditure, paying bills on time and making sure you're not committing rookie mistakes like racking up mountains of debt, there's no reason why you can't handle financial matters yourself, particularly when your project is finding its feet. When it all gets too much, hopefully because you're doing so well, you can consider looking elsewhere for assistance.

Know your rights

Be aware of rights through the deals you cut for your music. If you write, produce and master every note of the music you make in your own rent-free studio filled with gear you alone own, and your music is released physically or digitally on a label which you've set up yourself in which you're the only shareholder - and you've done all your own marketing, distribution and publicity - then, and only then, is it likely that every single penny which comes to you through sales is yours alone.

If you've cut deals with anyone (labels, co-writers, guest performers, CD pressing plants, studios, producers etc) which offer a share of future earnings (and it's likely that you will have) be sure to honour these contracts, otherwise you can expect to hear from lawyers. A lot.

There's an age-old saying: 'Where there's a hit, there's a writ'. Get everything in writing, agreed and signed with anyone involved as early as possible.

Know your finances

Get on top of your finances immediately, setting yourself 'good practice' goals from the outset. If you can handle small sums of money, correctly distributing finances among interested parties when the PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org sums are a few pounds and pence, you'll find the process less intimidating if the amounts become substantially greater.

As revenue comes in, you'll need transparent accounts which detail payments to everyone with clear columns in your books for each receipt and payment. You'll need to file a tax return detailing all financial activity on time with the taxman and you'll need to be keeping hold of invoices and receipts to provide evidence of all monies in and out.

Don't forget too, that you will technically be self-employed so can claim back tax on your business expenses - another good reason to hold on to your receipts. And then be prepared to assign these roles to a trusted 'music specialist' accountant when things get moving. Remember: more labels fail for financial reasons than for any other.

 The Business structure

The music industry is a complex system of many different organizations, firms and individuals and has undergone dramatic changes in the 21st century. However, the majority of the participants in the music industry still fulfill their traditional roles, which are described below.[22] There are three types of property that are created and sold by the recording industry: compositions, recordings and media (such as CDs or MP3s). There may be many recordings of a single composition and a single recording will typically be distributed into many media.

Compositions

Compositions are created by songwriters or composers and are originally owned by the composer, although they may be sold. For example, in the case of work for hire, the composition is owned immediately by another party. Traditionally, the copyright owner licenses or "assigns" some of their rights (e.g. distribution and sales) to publishing companies, by means of a publishing contract. The publishing company (or a collection society operating on behalf of many such publishers, songwriters and composers) collects fees (known as "publishing royalties") when the composition is used. A portion of the royalties are paid by the publishing company to the copyright owner, depending on the terms of the contract. Sheet music provides an income stream that is paid exclusively to the composers and their publishing company. Typically (although not universally), the publishing company will provide the owner with an advance against future earnings when the publishing contract is signed. A publishing company will also promote the compositions, such as by acquiring song "placements" on television or in films.

Recordings

Recordings are created by recording artists, often with the assistance of record producers and audio engineers. They were traditionally made in recording studios (who are paid a daily or hourly rate) in a recording session. In the 21st century, advances in recording technology have allowed many producers and artists to create "home studios", bypassing the traditional role of the recording studio. The record producer oversees all aspects of the recording, making many of the logistic, financial and artistic decisions in cooperation with the artist. Audio engineers (including recording, mixing and mastering engineers) are responsible for the audio quality of the recording. A recording session may also require the services of an arranger or studio musicians.

Recordings are (traditionally) owned by record companies. A recording contract specifies the business relationship between a recording artist and the record company. In a traditional contract, the company PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org provides an advance to the artist who agrees to record music that will be owned by the company. The A&R department of a record company is responsible for finding new talent and overseeing the recording process. The company pays for the recording costs and the cost of promoting and marketing the record. For physical media (such as CDs), the company also pays to manufacture and distribute the physical recordings. Smaller record companies (known as "indies") will form business relationships with other companies to handle many of these tasks. The record company pays the recording artist a portion of the income from the sale of the recordings, generally known as a mechanical royalty. (This is distinct from the publishing royalty, described above.) This portion is similar to a percentage, but may be limited or expanded by a number of factors (such as free goods, recoupable expenses, bonuses, etc.) that are specified by the record contract. Session musicians and orchestra members (as well as a few recording artists in special markets) are under contract to provide work for hire; they're typically only paid one-time fees or regular wages for their services, rather than royalties.

Media

Physical media (such as CDs) are sold by music retailers and are owned by the consumer. A music distributor delivers the physical media from the manufacturer to the retailer and maintains relationships with retailers and record companies. The music retailer pays the distributor, who in turn pays the record company for the recordings. The record company pays mechanical royalties to the publisher, composer, and songwriter via a collection society. The record company then pays royalties, if contractually obligated, to the recording artist.

In the case of digital downloads or streams, there is no physical media other than the consumer's hard drive. The distributor is optional in this situation; large online shops may pay the labels directly, but digital distributors do exist to service vendors large and small. When purchasing digital downloads, the consumer may be required to agree to record company and vendor licensing terms beyond those which are inherent in copyright; for example, some may allow freely sharing the recording, but others may restrict the user to storing the music on a specific number of hard drives.

Other uses of recorded music and compositions

When a recording is broadcast (either on radio or other means), performance rights organisations (such as the COSON in Nigeria, ASCAP and BMI in the US, SOCAN in Canada, or MCPS and PRS in the UK), collect a third type of royalty known as a performance royalty, which is paid to composers and recording artists. This royalty is typically much smaller than publishing or mechanical royalties. When recordings are used in television and film, the composer and their publishing company are typically paid through a synchronization license. Subscription services (such as Rhapsody) also provide an income stream directly to record companies, and through them, to artists, contracts permitting.

Live music

A promoter brings together a performing artist and a venue owner and arranges contracts. A booking agency represents the artist to promoters, makes deals and books performances. Consumers usually buy tickets either from the venue or from a ticket distribution agent.

Choices about where and when to tour are decided by the artist's management and the artist, sometimes in consultation with the record company. Record companies may provide tour support; they may finance a tour in the hopes that it will help promote the sale of recordings. However, in the 21st century, it has become more common to release recordings to promote tours, rather than book tours to promote records. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Successful artists will usually employ a road crew: a semi-permanent touring organization that travels with the artist. This is headed by a tour manager and provides stage lighting, live sound reinforcement, musical instrument tuning and maintenance and transportation. On large tours, the road crew may also include an accountant, stage manager and catering. Local crews are typically hired to help move equipment on and off stage. On small tours, all of these jobs may be handled by just a few roadies, or by the musicians themselves.

Artist management, representation and staff

Artists may hire a number of people from other fields to assist them with their career. The artist manager oversees all aspects of an artist's career in exchange for a percentage of the artist's income. An entertainment lawyer assists them with the details of their contracts with record companies and other deals. A business manager handles financial transactions, taxes and bookkeeping. A successful artist functions in the market as a brand and, as such, may derive income from many other streams, such as merchandise or internet-based services. These are typically overseen by the artist's manager and take the form of relationships between the artist and companies that specialize in these products.

Emerging business models

In addition to these traditional business relationships, new ways of doing business are being developed in the 21st century. The traditional lines that once divided artist, publisher, record company, distributor, retail and consumer electronics have become blurred. Artists may own their own publishing companies, artist management companies may promote and market recordings on behalf of their clients, artists may promote and market themselves using only free services such as YouTube or social media, consumer electronics companies have become digital music retailers, and so on, in many variations. New digital music distribution technologies have also forced both government and industry to re-examine the definitions of intellectual property and the rights of all the parties involved. Also compounding the issue of defining copyright boundaries is the fact that the definition of "royalty" and "copyright" varies from country to country and region to region, which changes the terms of some of these business relationships.

Chapter 22

Career Guide

 Choosing a Music Career 101 PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Most young people hoping to land a career in music often fantasize only around the world of music performance, i.e recording music, getting a deal, touring the world from one stage to the other. If everybody who loves music choose to become a music artist, who will produce the music, promote it, manage it, market it, e.t.c? There are over a thousand and one music industry careers you can choose from. You need to sit down and do a thorough and sincere self analysis. Choose a career path based on your personality, interest, skills, strengths and weakness, opportunities and threats.

You know you want a job in the music industry, but what exactly do you want to do? There are lots of different jobs in the music biz, and just because you love music doesn't mean that EVERY music career will translate into the job of your dreams. This guide will introduce you to some of the different jobs in the music industry and what work is involved in each, so you can find your best music business fit.

1. Promoter

Love live music? Then working as a concert promoter might be the job for you. Promoting shows is fun, fast paced, exciting - and tons of hard work. Learn more about life as a promoter.

2. Agent

Maybe promoting the shows isn't for you. Maybe you'd rather be the person who works with lots of different promoters to piece together an entire tour. Then you want to be an agent. Working as an agent requires good organizations skills and attention to detail, but once you reach a certain level, it can also be pretty lucrative. Find out more about this music career.

3. Manager

Managers take care of the business side of things for musicians so that the artists can focus on their music. Managers are the face of the musicians when it comes to the industry and they carry a ton of responsibility. Learn more about working as an artist manager.

4. Radio PR/Plugger

Radio promoters (also known as radio PR and radio pluggers) are the ones who act as the bridge between the musicians/labels and the radio station. Being a successful radio promoter involves lots of schmoozing and lots of building up a little black book of contacts. Find out more about working as a radio promoter.

5. Cover Art Designer

Iconic album cover art makes a tremendous album all the more special. Good cover art can become part of the brand of a musician, and even in this digital age, artwork still plays a role in music releases. Learn more about being the person who designs the album covers.

6. Music Journalist

Music reviews, interviews, commentary on music and pop culture - these things all make up the workload of a music journalist. Journalists get lots of perks, which makes the job attractive, but you need the ability to enjoy the guest list, VIP treatment while still getting your job done. Learn more about becoming a music journalist. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

7. Producer

Producers have a huge influence on the way music sounds. In some cases, the producer is as important as another band member. Of course, not every producer gets so much input into every recording, but if you like the art of recording and studio life, this could be the job for you. Find out more about working as a producer.

8. Music Teacher

Music teachers can work in schools, give private lessons, or some combination of the two. If you're proficient in playing or singing, sharing your knowledge with a new generation of musical talent might be up your alley. Learn more about teaching music as a career.

9. A & R

Many people argue that good A&R has disappeared from the music industry, so now is a great time to jump in and build a name for yourself in the field. You'll need a good ear for the next big thing and the ability to convince a label that the musicians you discover deserve a deal. Does that sound like you? Get more info about A&R jobs.

10. Session Musician

Session musician work is a great way for musicians to pay the bills while getting to dabble in different music styles and sounds. Learn more about session musician work.

11. Music therapist

Music therapists uses music creatively to help clients address social, emotional or physical problems. Works with children and adults of all ages and social backgrounds and in a variety of settings. Seeks to establish an interaction - a shared musical experience - in the pursuit of therapeutic goals. These goals are determined by the therapist's understanding of the client's pathology and personal needs.

12. Event organiser - responsible for all aspects of organising events from marketing and sponsorship to bookings, catering and equipment hire. A music performance may be the main event or a part of the event. The role is hands-on and usually involves leading or working in a team.

Still More Jobs

 Music Directing  Music Training material Author  Music Retail Sales/Management  Instrument Designer  Piano Tuner/Technician  Nightclub Manager  Instrument Repair & Restoration  Music Librarian  Music Critic/Journalist  Computer Music Programmer  Repairing stringed instrument bows  Subscription and Ticket Service  Artist Development Manager PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

 Dance  Studio Builder/ Acoustic Engineer  Copyright and Performing Rights Management  Lawyer: Contracts, Copyright And Performing Rights  Costume Design  Lighting  Music Therapy  And lots more!

 How to Self-Release your Album

Quite often I hear musicians clamoring about their dreams to have their albums out. Unfortunately, a lot of them release the albums only to be sold to their friends and family. So the question is, what is wrong? Why aren‘t they able to penetrate the market? These are the questions this segment seeks to address and also guide on how to successfully release your music album without the aid of a record label or without having a record deal.

The first and perhaps most important question you need to ask yourself is, am I ripe enough for an album release? Is there enough demand yet for the music I‘m about to release? Perhaps, you only need to release a single or mixtape for the time being. So, when is the right or best time to get your album out? Let the following factors be your guide:

1. When you‘ve successfully promoted your single(s) and you‘ve attracted a substantially volume of following or fans. That means lots of people are talking about, downloading and sharing your single already, and they wish they had more. 2. When you have been securing performance opportunities in your immediate community and local venues, with evidence of audience appeal. 3. When you have been able to gather enough funds to finance a quality music production. Enough funds you must understand is relative, it depends on the type and volume of music you‘re recording, and the place you‘re recording sometimes. 4. When you‘ve been able to develop a thorough plan on how you‘re going to effectively promote, market, distribute and publicize the new release.

The following tips will also be very helpful when planning your album release:

1. Gather all the new music. I usually record all my ―ideas‖ while playing the piano and save them with generic names on them. Then, after months, i listen and select carefully the ideas ―worth‖ working on. This is the very first step. You can‘t go anywhere without new music you are satisfied with.

2. Copyright all of the songs that you have chosen to record on your album. There‘s no bigger risk than releasing uncopyrighted songs. If someone else steals them, but they have a copyright, that person may look more legit than you in court. You could lose the rights to your tunes forever. In Nigeria, to copyright your songs you‘ll apply to the Nigerian Copyright Commission.

3. Plan the studio sessions. Planning the recording session maybe a good idea, even if now all the songs are not ―perfect‖. There‘s time to work on that and having a date helps to be more efficient on the development of the music. Start thinking on ―when‖ the release date will be set. In some cases, it usually takes something like 6 to 12 months of work to have everything set up. And I mean also a PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org good marketing activity in promoting the new album. So be sure to consider also this time, when planning a realistic date.

4. While you are refining your music, start thinking to the graphical issues (artwork) of your new release. I suggest getting professional photos done for the covers. When you‘re trying to sell the product the cover is the very first thing people will see, and even though the music is the main focus, the cover is what they will initially buy. If you‘re skilled enough with Photoshop you can even think to do-it-yourself. Remember also, selecting good titles (both for the album and for the single songs) is an activity that may be time consuming. I usually give a lot importance to titles, I want them to be evocative and give a meaning to the music you will be listening. So, while you are contacting some designers for the artwork of the CD, start working on this issue also.

5. It‟s now time to evaluate WHO will duplicate it. And here is another key activity. If you are doing this for the first time, be prepared to ask estimates to several companies out there. find

6. Time to RECORD!! (and to put your hand on the master!) Put in the extra time to make QUALITY music. Fix up those tiny mixing flaws, re-record those shaky notes. Get everything as perfect as you can. You have to remember that the music is the most important part, so don‘t rush this step.

7. Once you spent hours and hours to listen to your brand new release and to be happy in finding how much you love your sound, it‘s time to SET a release date and start working ONLY on promoting your release and to finalize all the activity to put everything in place. Send, as soon as possible, all the artwork and the master to the CD manufacturing company.

8. Sell it. So you‘ve figured out your market, recorded the CD, finished the covers, had your CD pressed up and ready to go, what to do now? SELL the product! OR if you wish, give it out for free as promo material! Either way, you have to get the music out there! Now, there are various ways to do this, and i‘d advocate implementing as many as you possibly can.

Firstly you have to figure out WHERE your „demographic‟ or basically, the people who will like your music, hang out. A great place to start is shows/events.

Another great place is outside clubs when people are leaving. This actually isn‘t as hard as it sounds, as long as you don‘t approach people like a pushy salesperson and just be friendly and laidback. Just tell them you‘re aspiring musicians, offer to show them some of your music through headphones on your ipod, and let them decide.

Don‟t try force or beg people to buy it, cause if they feel awkward at any point they‘ll most likely just leave. If you head to clubs that bring in a crowd that listen to your genre of music, you should be gold. This does require some effort and discipline, especially as you‘ll be waiting in the cold till around 3 – 4 in the morning, but it‘s all a part of the job.

Lastly, you can sell physical copies online, as well as digital copies. CDbaby.com have a great service that allows you to send them your physical cds, and people can buy it from the cdbaby website, and they will handle the shipping and postage for you. As well as that they have online retailers like itunes and amazon, which is great.

 Income Sources and Royalties for the Music Artiste PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

If you‘re a musician or composer, you probably have a basic sense of the ways you can make money. Some revenue streams are simple to understand, like playing shows, or selling CDs or t- shirts. But there are many, many more ways that musicians can earn money from their compositions, performances, sound recordings, brand, or knowledge of the craft.

Every artist wants to know how they can make music, make money and survive to write and play another day. Here, in no particular order, is a list of possible income streams.

Advances If you sign a recording or publishing contract, (and in some cases a management contract), you might be paid some money upfront. This is called an advance as it is based on your potential future earnings. The company have decided that you will make a certain amount of money in a certain amount of time and have given you something in consideration of this. Initially advances can be a few thousand pounds, but if you're signing an extension or new contract, they can be worth a lot of money.

Normal, Regular or Standard Royalties The ones most musicians with some knowledge of the industry tend to think of straight away include, Mechanical Royalties from sales, Performance Royalties, for writers and performers that come from sales and airplay.

Live Gigs Possibly the simplest of all income streams on the whole as a fee is normally paid in cash and agreed well in advance. Agreements can include guaranteed amounts or a percentage of the overall take. It only becomes difficult if you have decided not to be paid in money. Fees can vary from £10 if you're lucky, to agreements made in coffee beans, oil or gold. These tend to occur when you've become very successful in a country that has a currency with very little value in the UK. You might agree to do the gig and have the goods exported before you play. It can be very difficult to get things out of some places otherwise.

Merchandise The sale of T-shirts, posters and the like can often be the main source of income whilst on tour or throughout the year from retail outlets. However, the amount you sell will depend on your fan base and the type of music you play. Some genres of music have fans that will buy anything. T-shirts by the dozen, keyrings, coasters, posters, badges, caps stickers, postcards, pens, dolls, mugs, and other goods that bear an artist's name and often his or her likeness.

Ring Tones At a recent BPI event, one of the speakers told industry members that of all the money being made in ring-tones in the last couple of years, very little of it actually went back to the music industry. Big deal! Your reasons for getting into the industry were not all altruistic. Whether or not you think this is selling out, ring-tones can be a nifty and lucrative way of selling your music.

Ring tone royalties are normally split like this; retailers pay 10% of the sale price for each tune to MCPS (minimum 10p each). This 10% is divided between MCPS, the publisher and the composers. MCPS take 12.5%, publisher takes approx 20% and the rest is split between the composers.

Songbook and Sheet Music Sales Although sheet music sales have diminished over the years, many songs are still available in print form. These include books of songs by specific artists, instruction books or compilations of hits within a given genre (i.e., "100 Greatest Country Hits of All Time"). The music publisher issues print licenses and collects this income from the sheet music company, while the songwriter receives a small royalty derived from the sale of his or her song in print form.

PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Transcription Licenses Because radio is not a visual medium, the use of a song as part of a radio commercial requires a separate license. Sometimes songwriters are able to negotiate provisions in their publishing contract preventing their songs from use in certain contexts, such as ads for alcohol, tobacco, political campaigns or other uses the songwriter does not wish to be associated with or may find offensive.

MP3 Downloads Royalties from MP3 downloads can vary from nothing when the download is for free or being done without your knowledge, or up to 70% of the fee paid depending on which site it is that your song came from and the agreement you have made. iTunes and MSN Music iTunes represents the biggest consumer leap to digital music in years. The launch of the iTunes store by Apple Computers was an event of huge magnitude, resulting in the sale of millions of songs at 79p each. If Apple maintains its current run rate, it should notch up annual European downloads of over 41.6m songs. Assuming a roughly 50:50 sale ration between the UK and everyone else, that amounts to roughly £30.1m. If the European stores see the kind of growth the US has seen, that figure is likely to rise considerably. Revenue is one thing, of course, income another. Music industry insiders claim that Apple's 79p per track in the UK sets a bar other services will find hard to match, not least because Apple is believed to be deliberately losing money on some songs. It can do so because, unlike Napster and the others, iPod sales can subsidise iTMS (the iTunes Music Store).

MSN Music was launched as part of the new Windows Media Player 10 software, which is now available in 10 European countries with 15 digital music stores, including Napster and Tiscali in the UK.

One of the distinctive features of Windows Media Player 10 is the first Digital Media Mall, which enables users to download, rent, or stream music and video within the player from a choice of online stores.

Film Scores Getting the chance to even be in contention for writing film scores is a very rare occurrence, but somebody does it and it's an art in itself. Alternatively you can get a song you have written on the sound track. Money is earned in two ways: the licensing fee, paid up front to the writer/artist, and the performance royalty, which is distributed to the writer by PPL.

The license fee is determined by the overall music budget and the negotiating power of the artist. Unknown artists get far less license money than superstars, for example. TV shows and small films pay less than major studio feature films.

Performance income is determined by the number of people estimated to have seen the show and therefore heard the music. The more popular the show - the more money you make on performance royalties. You make new royalties every time the show is re-run, which is particularly good news if you've got music on a show that goes into syndication and airs frequently in markets around the world. Cable broadcasts generally pay less than broadcast networks because there are a reduced amount of viewers. You may also make money when videos or DVDs are sold. This will ultimately depend on the original license agreement.

Sync Rights Whenever a song is used with a visual image, it is necessary to obtain a "synchronisation" license permitting the use of that song. Music publishers issue synch licenses to television advertisers, motion picture companies, video manufacturers and CD-Rom companies. A portion of this money is paid to the songwriter. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Translations Quite often, a hit in one country becomes a hit in another country by another artist. Publishers may authorise "translations" in order to generate further income from cover versions of a particular song in foreign countries as the local artist will have a better chance of having a hit singing in their own language.

Commercials/Jingles Income If a campaign requires new music, the advertising agency consults with its client the theme and direction of the campaign as well as the outlines of the budget. Here again the fees payable to a writer for the writing of a radio or television jingle can range from minimum compensation to anything you or your representative has negotiated. The amount will always be dependent on the type of campaign being planned e.g., national, local, or test.

Video and other Multimedia Product Sales , The sale of videos, DVDs and videodiscs can be a significant source of income for the songwriter. Different negotiating approaches may be used: a one time only buy out for all sales; a set royalty for each sale; and a modified buy out for a stated number of units, with additional monies for additional sales (referred to as a 'rollover advance'). The one time buy out is when the music publisher or writer accepts a fee for all rights regardless of the actual number of units that may be sold in the future. Under the modified buy out or rollover advance, the production company pays the music publisher a certain upfront fee for a set number of videos, with additional predetermined fees paid as additional sales plateaus are reached.

 Music Copyright

Copyright protects original literary, dramatic, musical and artistic works. It allows an original work to be considered a property that is owned by somebody.

There are principally 2 types of copyright to consider when we talk about music copyright.

The traditional ©, ‗C in a circle‘ copyright, applies to the composition, musical score, lyrics, as well as any artwork or cover designs, as all of these are individually subject to copyright in their own rights, (though when you register, you can include them all in a single registration provided they have the same copyright owner(s)).

The second type of copyright applies to the sound recording itself, and is signified by the ‗P in a circle‘ (p)

When does Copyright begin?

In music, copyright begins automatically once a piece of music is created, and documented or recorded (eg. on video, tape or CD or simply writing down the notation of a score).

Does Performance Rights Societies (PRS )copyright music on my behalf? Registering your music with a PRS (such as COSON in Nigeria or ASCAP in the US) does not create copyright. If you follow the suggestions outlined below you have a better chance of proving you own the copyright if any of your music is disputed.

How do you protect your music as a songwriter? Any original music is protected by copyright from the time it is recorded/written down in some format. It is important to be able to prove that you own the copyright of a particular recording. To do PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org this you should submit your song for copyright with the Copyright Office, and keep the certificate securely.

What are your rights as a Copyright owner? If you own the copyright you possess the sole authority to: - Copy the music - Issue, lend or rent copies to the public - Perform, show or play the music in public - Communicate the music to the public (i.e. broadcasting it via TV, radio, Internet etc.)

What happens to your rights when you become a PRS member? When joining PRS your rights are transferred to the society or agency. These are: to perform the music in the public (concerts, pubs, shops etc) to communicate the music to the public (including broadcasting, broadcasting on demand and use of music on the Internet interactive services, including satellite and cable transmissions)

How long does Copyright last? In most countries, copyright generally lasts for a period of 70 years from the end of the calendar year in which the author dies. For instance, suppose you want to record and sell your own version of Handel Halleluiah Chorus. This would not present a problem as Handel has certainly been dead for over 70 years*, the work itself would now be out of copyright, and available as a work in the public domain. Provided you performed and recorded the work yourself, no infringement would have occurred. In Europe, if the music originates from outside the European Economic Area (EEA), the copyright lasts for as long as the music is protected by copyright in its country of origin, provided that the length of time does not exceed 70 years.

Band members agreements Where music is written as a group effort, we recommend that you draw up an agreement to clarify issues, such as which rights belong to which member, and how royalties would be distributed in the event that members of your group leave. For successful commercial bands, incorporation is also an option. As with a normal incorporated company, the band members would own shares in the band/company. In this situation, a band member would typically sell his shares to the other members if he decided to leave.

Does copyright protect a band name? Copyright does not apply to names, neither will it apply to single phrases or slogans. Names may however be regionally protected as a trademark which may be carried out via national patent and trademark offices. To qualify the name should be distinctive, not deceptive or contrary to law or morality, and not similar to previously registered band names.

Public performance Clubs and venues will generally be licensed for public performance, the administration of this is carried out by various organisations throughout the world

Using the work of others If you use samples of music by other authors in your work, ensure that you get permission to use the work before you attempt to publish or sell your work. Similarly, if you use loops or samples available via sample collections etc. ensure that these are licensed as free to use, or obtain permission first.

Obtaining permission If you need to get permission to use a piece of music, normally the best place to start is with the last know publisher for the work. They will certainly know how to get permission to use the work, (as they must have permission themselves), so they will certainly know who you would need to contact. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Chapter 23

Music Promotion & Management

 Digital Technology & Music Business The evolution of technology has changed the way we listen to our favorite songs and interact with music. Apple, for example, recently announced plans to launch a custom-radio service. Pop star Justin Bieber got discovered through YouTube and became one of the top- selling artists of all time. And his tweet trumpeting Carly Rae Jepsen's "Call Me Maybe" turned a small-time Canadian artist into an international sensation. The recorded music industry is reinventing itself and its business models. Our world today looks fundamentally different from how it looked five years ago. Record companies have changed their whole approach to doing business, reshaped their operations and responded to the dramatic transformation in the way music is distributed and consumed.

Does the chance to listen to music whenever or wherever we want through new technologies and handheld devices devalue the musical experience or does it align with our needs for instant gratification? PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Online services that allow people access to music everywhere, anytime is quickly transforming the music industry and the way we relate to music. The fact that recorded music is more accessible now than ever before, however, does not necessarily diminish the value of the music experience. From the record labels' point of view, the value of the recorded music business has certainly diminished, but from music listeners' point of view, it is the opposite. Legal subscription services such as Pandora and Spotify make it possible for music listeners to experience sounds and genres they hardly would have encountered in the 20th-century music economy. Their music experience is more diverse and more omnipresent than ever. Music permeates every aspect of our daily lives, and even though revenues from recorded music may have diminished, the elevated role of music in contemporary society indi- rectly increases revenues from other music industry sectors, such as live performances and music licensing.

Research shows that music consumers of today do not spend less money on music compared to a decade ago—they simply spend that money differently. All in all, the last decade has certainly trans- formed the basis of the music industry, but the value of music remains strong, both from a business and from a cultural perspective.

The digital age has transformed music into a social experience, convincing music lovers to flock to YouTube, Twitter and Facebook to hear the song of the moment. How have social-media platforms changed the way we listen to music?

Music listening and discovery have always been social activities, but social media amplifies these aspects. Social media strengthens the relationship within a group of fans as well as between the artist and their fans. Artists no longer merely compose and/or perform songs to an audience, they create a platform that allows their fans to meet and chat about the issues they consider to be relevant. Artists that are able to cultivate a tight and loyal fanbase via social media may be able to create a sustainable business based on their craft without being part of the mainstream music industry and without signing a record label contract. It is far more valuable to have a small but loyal fanbase that is willing to sup- port the artist it appreciates than a large and anonymous fanbase that does not care very much about who has created the music it enjoys. One often-mentioned success story of such an artist-fan relation- ship is Boston-based Amanda Palmer who was able to raise close to $1.2 million to her music/art project from 24,800 fans via the social-media fundraising service Kickstarter.

It should also be noted that social media introduces a new level of uncertainty into the music business. It has always been difficult to predict and control which songs or artists will be successful or not, but social media increases that level of uncertainty and risk. Music listeners increasingly rely on their social network connections to discover new music and pay less attention to advice from radio station DJs and record store clerks. The success of a song increasingly follows the same logics as other chaotic network phenomena and becomes more or less impossible to govern.

Get creative: The year is 2020. How will you be buying or downloading your music?

In 2020 there will probably still be a range of different models and services for acquiring and storing recorded music, and some music listeners will perhaps even continue buying their recorded music on CDs or vinyl. Live music performances and music licensing will most likely constitute an even larger share of the global music economy than today, and the recorded music business will more or less completely have moved online. One of the most promising online models for recorded music right now is the subscription model where you pay a monthly fee and get access to a large music portfolio. These services have been around for a while, but still many people feel uncomfortable having but not "owning" their favorite music.

But in 2020, I believe most Americans will have grown accustomed to this way of acquiring and lis- tening to music, where access is far more important than ownership. There are still several details to figure out about these models, primarily related to how the revenues should be shared between dif- PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org ferent rights holders. I would nevertheless be very surprised if these challenges are not overcome by 2020 and that most of us by then have thrown out the old plastic record collection and instead listen to music via some kind of music subscription service.

Analysis of Online Music Distribution Porter‟s 5 Forces Analysis

Threat of Substitute Products • Physical music records such as Compaq Disc. However, there are various types of digital music format – each competing with each other to win market share.

Threat of New Entrants • Barrier of entry is lowered as traditional value chain providers. New and independent artist can market its music directly to the end consumer.

Bargaining Power of Suppliers • Artist and Record Labels have greater ability to reach the consumers directly. • Further consolidation of Music Labels through Merger and Acquisition could still take place due to high competitiveness nature of the industry.

Bargaining Power of Customers . Customers are able to reach the cheapest cost supplier using Internet. . Customers have easy access to free music by using P2P Networks.

The Intensity of Competitive Rivalry • The number of major music labels was reduced to four from five and are holding on a significant majority of the market share • ―Bricks and Mortar‖ music stores retailing is getting more competitive with integration with online distribution channel as well as competition from other supermarket chains.

The Value Chain and Evolving Business Models • Shifting the power centers and introducing new players. • Artists are increasingly getting more involved in the production, marketing and distribution • Three categories of digital music retailers have entered the market

1. pure play : digital retailers whose main focus is music sales (Napster) 2. vertically integrated players : who use music as a means to promote their core offerings (iTunes) 3. diversified players : who have included music in their service offerings (Amazon MP3 Store)

• Independent and unsigned artists are using the digital channels to distribute their content directly to the listeners, bypassing the traditional intermediaries • Music companies are increasingly using their music along with other media and entertainment forms such as TV, mobile games, advertisements, etc • Music companies are also partnering with ISPs and mobile handset manufacturers and portable music device manufacturers to broaden their customer reach PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Strategies available to Music Labels and “Bricks & Mortar” channels to mitigate competitions from online music distribution

• Encoding a wide variety of songs in widely accepted industry standards and selling these songs via the Net • Offering facilities in stores for compiling songs onto albums and charging a premium for these services • Turning physical retail stores into social gathering places with appropriate ambience for music lovers

 Artiste Promotion

Unless you have major label money behind you, the ability to self promote your music is one of the most important skills you can have. When you don't have money to hire PR people to run media PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org campaigns for you, it is up to you to make sure people know about the music you are making. Getting started can be a little overwhelming, however. These steps will help you start out on the right foot, to make sure all of the right people are standing up and taking notice of you.

Here's How:

1. Identify Your Goals - When you set out to promote your music, don't try to cover too much ground at once. Look at the way larger artists are promoted - they have specific campaigns that promote specific things, like a new album or a tour. Choose one thing to promote, like: o A single o A show o A website

Once you know what to promote, you will be able to make clear goals for yourself, i.e. if you want to promote your website, then your goal is to bring traffic to the site. With these goals in mind, you'll find it easier to come up with promotion ideas, and you'll be better able to judge the success of your promotions.

2. Target the Right Audience - With your promotional goal in mind, figure out who the right audience for your campaign is. If you have a gig coming up, then the right audience for your promotion are the local print publications and radio stations in the town in which your show is happening. If you have a limited edition single coming out, your primary audience is your band mailing list, plus the media. Going for the right audience is especially important if you're on a budget. Don't waste time and money letting town X knowing about an upcoming show in town Y or a stocks market magazine about your new hip hop album.

3. Have a Promo Package - Just like when you send a demo to a label , to self promote your music, you need a good promo package. Your package should have: o A press release detailing your news o A short (one page) biography/band profile o A CD (a demo recording is ok, or an advance copy of an upcoming release) o A package of any press coverage you have had so far - press coverage begets press coverage o Your contact information (make sure to include an email address - people may hesitate to call you) o A color photo, or a link to a site where a photo can be downloaded. The press is more likely to run a photo if they don't have to chase it.

4. Find Your Niche - The sad truth is, every writer, radio station, website, or fan for that matter, you are trying to reach is likely being bombarded with info from other music hopefuls. You a reason to stand out. Try to find something that will make people more curious about you - give them a reason to want to know more. You don't have to devise a huge, calculated persona, but giving people a reason to check out your show or your CD before the others can only help.

5. Maximize the Internet - Use the Internet as a tool to enlarge your fan base, both locally and abroad. This is a huge topic. You need some music, a press release and a database of contacts. That last one is the trickiest part if you've never done any promo before, but there's no mystery. Set aside an afternoon, make a list of sites/blogs you like and create a spreadsheet that contains the contact info for them. It's not glamorous, but it's a good time investment. Now, contact them, make a pitch and start the dialogue. You need to start using social networking sites. Give your fans something of value while social networking. Let them in on the recording process, tell them when you're writing new songs and so on. They will enjoy PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

hearing about your day to day life to a certain extent, but remember to deliver the goods as well. Set aside some time each day to manage your online presence - just don't make it your WHOLE day. Don't forget to have your own website! There's no substitute for having your own website to control your message and create your image.

6. Don‟t be tightfisted - Another way to stand out from the crowd is plain old free stuff. Even press people and label bosses love getting something for nothing, and you'll whip your fans into a frenzy (and get new fans) by giving stuff away. Some ideas:

 Put some money behind the bar at a show and give free drink passes to all the industry people who come to check you out.  Give people on your mailing list an exclusive download once a month (be it a new song or an alternate version of a song)  At gigs, raffle (for free) mix CDs made by the band - everyone who signs up to your mailing list at the show gets entered in the drawing.

7. Branding - Get your name out there. Make up some stickers, badges, posters, lighters or anything else you can think of that include your band's name. Then, leave the stuff anywhere you can. Pass them out at your favorite clubs, leave them on the record shop counter, poster the light posts - go for it. Soon, your name will be familiar to people even if they don't know why, and when they see your name in the paper advertising an upcoming show, they'll think "hey...I know that name, I wonder what that's all about.."

8. Keep Track of Your Contacts - As you go through all of these steps, chances are that you are going to pick up a lot of new contacts along the way. Some of these contacts will be industry people and some will be fans. Never lose track of a contact. Keep a database on your computer for the industry people you have met and another database of fan contacts. These databases should be your first port of call for your next promotional campaign - and these databases should always be growing. Don't write anyone off, even if you don't get much feedback from them. You never know who is going to give you the break you need.

9. Sell the artist, not just the music - Any record executive will tell you that these days, record labels are no longer in the record business…they are in the artist business. The reason is that records (a generic term for any recording) aren‘t selling like they used to – this is an obvious when so many have resorted to stealing them. Records are no longer a primary source of revenue. So, start thinking in terms of connecting with fans – rather than merely pushing music. Music is a big part of what you do, a veteran A&R man recently said, ―We‘ll probably never again be able to sign someone on talent alone.‖ If you truly want to stick out, you need to implement direct to fan strategies. Look at it as forming relationships with your fans – which gives them more of a buy-in. This is a much different concept than the old days of merely releasing a single and showering it in millions of promotional dollars, while crossing your fingers in anticipation that it will catch on.

10. You gotta look good (and be relevant) - No, I‘m not just talking about the gel you use in your hair (although that is part of it). Marketing continuity is necessary when presenting what you do. Logos, website design, merchandise and other promotional material should not only look professional, but also have similarity to create and sustain your brand. Find a professional photographer with experience in the music industry to create some publicity shots. If you go off in too many directions, you won‟t create an identity — which will work against you. Also, the presentation and look you throw out there needs to be relevant to your fanbase, or you will fail to connect. This streamlines with #3, in that you have to under- stand who you are marketing to. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

11. Perform…well and often! - Nothing replaces a great live performance. If you want to build a substantial fanbase, performing is where your fans are truly going to get that emotional con- nection with you. Performing live gets new fans hooked — not only to your music, but to you as an artist. This is where they can see and experience who you are as a person. A great live show will entice people to head to your website and follow you in social media. Understand that performing is one thing, but putting together a memorable live show is quite another. This involves many factors and should not be taken lightly if you want to really have impact on your audiences.

12. Take a Deep Breath - For many people, the idea of self promoting their music to their fans is easy, but the idea of calling up the press is downright terrifying. Relax. Here's the truth - some people you call will be nice, some people won't be. Some people will never return your calls or emails. Some will. You shouldn't take any of it personally. You definitely shouldn't be afraid to try. Covering bands is the job of the music media - they expect to hear from you. Don't be discouraged by someone who is rude, or someone who is polite, but still says "no". Don't write them off, either. Next time, you may hear "yes."

 Artiste Management

The music industry is very fascinating to a lot of people. When you watch music videos and see recording artists perform, everything looks glamorous and exciting, but there is a lot of work involved in getting an artist to that point. There are a lot of people who work mostly behind the scenes to keep the music industry running. Personal managers represent one or more musical groups or artists and oversee all aspects of an act's career. They deal with and advise the act(s) on all business decisions, as well as many of the creative decisions an artist must make, and attempt to guide the artist's rise to the top.

Music managers

A music manager (or band manager) may handle career areas for bands, singers, and DJs. A music manager may be hired by a musician or band, or the manager may discover the band, and the relationship is usually contractually bound with mutual assurances, warranties, performances guarantees, and so forth. The manager's main job is to help with determining decisions related to career moves, bookings, promotion, business deals, recording contracts, etc. The role of music managers can be extensive and may include similar duties to that of a press agent, promoter, booking agent, business manager (who are usually certified public accountants), tour managers, and sometimes even a personal assistant.

The following are some of the core responsibilities of a professional artiste manager

Improve Image - In ALL genres developing an image, semi-original, semi-stereotypical is key. By mixing the artists influences and interests is important, if they say I wanna just be comfortable and dress how I always do, then they will have little image and that can hurt them.

Promoting - Help get them as a group/person known, I've seen it argued about being mysterious as a technique which gives the untouchable everyone wants rockstar motif, but otherwise, get the artist to connect to the fans, youtube videos are great, constantly like weekly at the mininum updates on social sites and websites.

PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Songwriting - Encourage them to write songs alot and collaborate, not much more you can do then get them practicing songcraft and learning from others.

Shows/Performances - The more shows, the more experience they will have, the more they will improve and it'll become there life, leading to them being successful for you as a manager. Also many artists don't value a managers help often, but when you get them gigs, they see it directly!

For an unsigned act or band, their manager should also

 Send out demos to labels, radio stations, local print media, and online publications  Book gigs and invite labels and the media to the shows  Network and talk to people about the band  Help book studio time and practice sessions  Explore funding opportunities for the band

For signed artists, managers should:

 Negotiate financial deals with the label for expenses like touring and recording  Oversee other people working for the band, like accountants, agents, and merchandisers.

Challenges with Artiste management

Music Managers face many challenges and opportunities in today‘s music marketplace, including getting the right knowledge and information to understand the role of management, getting started in the business of artist management, starting a company with limited or no funds, acquiring adequate funding for business and artist‘s projects, gaining access to connected industry players and getting into the ―inner circles‖, getting their artist‘s careers moving forward, knowing how to build contacts, getting exposure for their artists on a limited budget, figuring out how to generate consistent income for their artists, helping their artists to stand out from the crowd, dealing with massive amounts of competition, getting the attention of labels, strategic partners and/or investors, getting heard by the right people, getting their artists booked for paid shows in a tough economy, combating piracy and illegal downloads, generating ―buzz‖ for artists, getting radio airplay, reaching the kind of people that can help their artist‘s career, navigating past people that cling to the old rules, figuring out where their artists fit in the marketplace, making a name for themselves in the industry, finding new revenue streams, and more.

In this shifting music business landscape, the success edge will go to managers who are most knowledgeable, flexible and forward-thinking; and who operate with the right mixture of financing, talent, planning, and game plan execution.

Qualities to Look for in a Good Music Manager

Now that you‘ve got a solid band, and some songs to back you up it‘s time to look for a manager. Of course, you could try managing your own band, but if you want to get places and make money, searching out a good music manager is essential.

The band manager‘s responsibilities include financial planning, publicity and marketing and acting as your personal advisor in all band-related business ventures. There are many qualities you can look for when looking for an excellent manager—someone who will stand by your band and help you find success.

1. Experience PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

When you‘re first starting off you may come across or be approached by potential managers looking to get into the business. While it‘s always great to help a friend out, you need someone with the experience and knowledge of how to make it in the music business. Music management covers everything from booking your tours to making sound business decisions, choosing your label to helping you pick out the right songs to put on an album—and everything in between.

Check your potential manager‘s roster, and see what other artists they‘ve managed or are currently managing. Ask a lot of questions about their plans and aspirations for your band, and make sure they‘re not just talking out of their backside.

2. Trustworthiness

Your music manager will take care of nearly everything for you, from transportation to bookings and beyond. Choose someone you feel good about, and know that you can trust with your career. If you‘re not 100 per cent sure, keep looking. The trust factor has to be mutual for this relationship to work.

Some of this you can rely on gut instinct, and some of it you can attribute to the above category: experience. Ask yourself if this is the person you‘d trust to run your life for you, transport you around the world, and book packed shows. Do they seem humble, but able to stand their ground against pushy salespeople and promoters? See how they conduct other business relationships.

3. Enthusiasm

Your manager will act at times as part of the band, helping you to pick songs for the album as well as marketing your product! You want someone who is excited to be there, and is interested in the music you‘re making. Your music manager‘s input, especially if they have experience in the business, can be essential in getting radio play or press coverage. A great manager wants to be there with you every step of the way, kind of like a dad.

4. Well-Connected

This can tie into experience. A music manager with good connections in the industry will not only get your career going faster but will also lend to better publicity, and ins for live performances. They should be able to find you a studio, a booking agent, PR rep or a gig without any wasted time. Someone with good connections, and this means good connections and not just being able to rattle off a list of names, will be able to find you opportunities you would not be able to find yourself.

5. A Good Human Being

This factor can often be overlooked when choosing a music manager. Someone who is a good human being, is liked by people and is accessible and approachable signifies a person who will be trustworthy and reliable. Oftentimes a band manager will step in and act as the cheerleader, psychiatrist and shoulder to cry on, and someone who does this well will make your whole team feel closer. A close knit team is solid and can withstand hardships.

6. Financially Responsible

Pick a manager who knows how to handle finances, above all else. Many, many bands have unfortunately lost a lot of money because of irresponsible financial management. This includes everything from signing with a label, to touring and recording expenses, to their own cut in your income. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

A music manager makes their money from part of your income. If you don‘t see any money, then they shouldn‘t either. Do not get wheeled and dealed into some contract that offers them more than you receive.

7. Firm Business Person

Experience will bring a manager knowledge of how to make sound and profitable business decisions. Personal traits, education and good business instincts may be the difference between your band making it or breaking up. Make sure your manager is not a push over, or has the overeager need to please—unless it‘s you they‘re dealing with. Choose a manager who knows how to get what they want, where they want and when they want it. Negotiation skills are key.

Above all, you want a manager who will work with you and has your best interests at heart. This can be a lifelong relationship, so think of your manager like family. How will they fit in and lead your group to success? By looking for these seven essential traits and skills you‘ll be on your way to not only making great music, but great music that everyone hears.

How Managers get Paid Sometimes, musicians pay managers a salary - this often works like a retainer, ensuring the manager doesn't work with any other bands. Although sometimes a manager may get a wage (it has been done), the vast majority of management deals are based on commission. That means that your manager takes a percentage cut of income you generated. What income they can touch is up to debate - and we'll get to that in a minute - but first, consider the amount of the percentage. The norm is around 15%, though some artist reps want 20%, particularly in the case of a new artist that is going to require a lot of upfront work before any money is seen. Often, this percentage is of your GROSS income - which means that even if you take a hit on a deal and actually lose money yourself, your manager is still paid.

Some Recommendations for Managers

1. Sign your artist. Create a contractual relationship between you and the artist. If this is a friend, you may want to skip the formality because you trust the person, but that is ill advised. You may need to show proof of this contractual relationship later down the line so go ahead and take care of it now.

2. Be prepared to deliver what you promise. An artist's manager often takes on many different roles depending on where the artist is in his/her career. Whatever you discussed with the artist and outlined in the contract, must be upheld. If necessary, refer to the contract occasionally to ensure that you're staying on track. Should new situations arise, you may need to create an addendum to the contract. Just make sure you get everything signed.

 Careers in Music Business/Management

Personal Manager (or Artist Manager, Agent)

Personal managers represent one or more musical groups or artists and oversee all aspects of an act's career. They deal with and advise the act(s) on all business decisions, as well as many of the creative decisions an artist must make, and attempt to guide the artist's rise to the top.

Booking Agent (or Talent Agent) PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Booking agents work to secure performance engagements for musical artists and groups. They work to find talent to book and may be involved with developing the talent toward a goal. They must possess good communication skills to sell talent and develop contacts in the music industry. They often work closely with an act's manager and may be involved in setting the fee and negotiating with promoters or clubs. A booking agent is paid a percentage of the negotiated fee for an act's performance.

Concert Promoter

The concert promoter presents, organizes, advertises, and in many cases, finances concerts at performance venues such as arenas, festivals, clubs, church buildings, auditoriums, etc. The promoter often secures money for the concert by finding others to share in the profits/expenses. However, it is often times the concert promoter who absorbs all the financial risk.

Independent Radio Promoter

The independent radio promoter (IRP) has a similar role as that of a promotional staffer at a record label, except the IRP is usually employed by an independent radio promotions company or works freelance. Often, a record label, artist/band, or manager will hire the services of an independent radio promotions company to generate airplay of a particular song or record.

The IRP contacts radio station program directors, music directors, and disc jockeys in a local, regional, national, or even an international market. They set up appointments with these station people and bring a number of new album releases as well as a supply of promotional or press material relating to the artist or band. An IRP may socialize frequently with program directors and music directors to help improve the chances that a radio station will add a song to its playlist. An IRP often will often take key radio station personnel out to lunch, dinner, or for drinks. They may also bring a program director to a club in order to listen to a group play songs live and gauge audience response.

Entrepreneur (Music Business)

A person who organizes, operates, and assumes the risk for a music business venture. Some common businesses started by music entrepreneurs are: recording studio facility, private teaching practice, performing band, booking agency, artist management, music retail, music publishing company, record label, etc.

Retail Sales Management

A retail sales manager works, runs, and operates a retail music store. Duties would include employee supervision, training, ordering, coordinating the timing and arrival of distribution shipments to the store, budgeting and financial planning, and coordinating sales promotions for specific CDs. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Entertainment Attorney

An entertainment attorney handles any contractual matters conceivable within the entertainment industry. Entertainment attorneys can be freelance, hired on retainer, or an employee of a company or business within the entertainment industry. Entertainment attorneys generally specialize in one of three separate fields within the entertainment industry: sports, film and television, and music. An attorney that specializes in the music industry usually has a solid depth of understanding with regard to copyright laws and artist/band agreements with managers, publishers, record labels, booking agents, etc. Successful completion of law school and a state bar exam are requisites for being an entertainment attorney, as well.

Business Manager

The business manager handles the financial affairs of musicians and entertainers. Most have degrees in business administration with concentrations in accounting or management. The business manager should have knowledge of negotiating, accounting skills, investments, and tax laws.

Music Supervisor (Music Licensing/Clearance)

A music supervisor may act as an A&R scout to find and license popular songs (as source music) for a film, TV soundtrack or other media format.

Music Business Consultant

The music business consultant advises his/her clients, who are generally artists, music industry professionals, or entrepreneurs, on music business strategy for their career or business.

Contractor (or Leader)

A contractor is responsible for hiring musicians or road crew staff and tending to all the necessary contract obligations through the appropriate union organizations. It is in the contractor's best interest to procure the best talent possible while working within given budget guidelines.

Record Label Business Careers

Record Company Executive

This person would usually be employed at a record label and be a director, vice president, or president of any of the various departments or areas therein.

A&R Coordinator

The main duty of the artist & repertoire coordinator is to find talent for the company to sign. A&R coordinators search for new talent by visiting clubs, going to showcases, listening to tapes and demo PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org recordings, and watching recordings of acts performing. He or she is often responsible for helping find songs for the artists signed to the record label.

A&R Administrator

The artist & repertoire administrator works in the Artist & Repertoire Department along with the A&R coordinator. In large companies, the A&R administrators are responsible for clerical functions within the department, planning budgets for artists signed to the label, and working on the annual or semiannual budget for all artists' expenditures. They must analyze previous budgets and prepare a budget proposal with projected cost estimates for recording current acts. They also monitor the budget in relation to the expenses throughout the year. Staying within a budget means that the A&R administrator is doing his or her job. The individual might work exclusively with one or two studios in order to build up a great volume of studio time. With this volume, the A&R administrator can often receive discounts on time. They also keep track of all money spent for recording studio time, session musicians, talent, and miscellaneous expenses.

Director of Publicity (or Public Relations Director)

The director of publicity supervises the record label publicity department and develops and oversees publicity campaigns. As director, this person oversees all the work that is performed by the staff of the department.

Publicist (or Staff Publicist, Press Agent)

A publicist handles the publicity and press needs of acts signed to a label. Publicity helps the label sell records and produce income. A publicist must be able to get an artist's name in the news (magazines, music trades, TV, radio, etc.) as often as possible. This is accomplished by writing press releases, sending them to the correct media, talking to media about acts, and arranging interviews. The publicist often arranges a series of print interviews, radio interviews, and TV appearances in conjunction with the release of a new record. Staff publicists spend a lot of time on the telephone and are usually the first to send out promotional copies of new records and other important materials to the media. After a new record is released, a publicist may work with the A&R or promotional departments on a showcase booking of the group, and make arrangements for a press party.

Assistant Publicist

Assists the publicist, compiling press kits, writing press releases, and double-checking information for accuracy.

Artist Relations Representative (Artist Development Representative)

The artist relations representative's responsibility is to represent the label's interest to the artist/band and the artist/band's interest to the label, and maintain proper communication, cooperation, and mutual understanding between the two entities. This person's job is to make the artist feel appreciated by the label by thoughtful gestures such as buying flowers; writing letters; and arranging promotional appointments that coincide with a new tour, album release, or career milestone such as having a certified gold or platinum album. If there is a problem or concern that the label or artist have with the each other, the artist relations representative will seek to mediate the situation. The artist relations representative may also advise the artist on creative/performance-related issues, as well.

Promotional Staffer PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

The prime function of the promotional staffer is contacting radio station program directors to generate airplay for the label's records. Promotional staffers will work closely with program directors, music directors, and disc jockeys in these markets. They set up appointments with these station people and bring a number of the label's new album releases, as well as a supply of promotional or press material relating to the artist or band. A promotional staffer may socialize frequently with program directors and music directors to help improve the chances that a radio station will add a song to its playlist. Promotional staffers often take key radio station personnel out to lunch, dinner, or for drinks. They may also bring a program director to a club in order to listen to a group play songs live and gauge audience response.

Advertising Account Executive

An advertising account executive develops advertising campaigns for a record label's products. This person must be creative and aggressive, have good sales skills, and have a strong knowledge of music. They may also have advertising experience in another area.

Salesperson (Record Label)

A record label salesperson establishes a relationship with various accounts to sell the company's products and provide continuing service to the accounts. Accounts may include retail stores, rack jobbers, and one-stops.

Regional Sales Manager

The regional sales manager is responsible for supervising the sale of the label's records to wholesalers and/or retail outlets in a specific region, creating sales campaigns and policies, and overseeing sales staff.

Marketing Representative

The marketing representative is responsible for overseeing specific markets and reporting sales of records to radio stations and trade publications.

Field Merchandiser (or Merchandiser)

The field merchandiser is in charge of distributing and explaining merchandising promotions to record stores/departments in specific markets.

Consumer Researcher

A consumer researcher researches and analyzes consumer-buying practices for the record company. This person should have knowledge of research and analytical methods, the ability to write reports, and knowledge of the music business and record industry.

College Representative (or Campus Representative)

College representatives are responsible for promoting a record label's products to students on campus or perhaps to music retailers. They are students working toward a degree who have an interest and/or skill in the music industry, and often are a music business major in college. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Music Publishing Business Careers

Music Publisher

Music publishers are responsible for acquiring the copyrights to songs and publishing them. They may work for a very large music publishing company and perform one or two specific duties as a music publisher. They may work for a relatively small firm and fulfill a variety of functions. Many individuals in music publishing or songwriting become independent music publishers, running their own music publishing firm. The goal of the music publisher is to find and acquire potential hit songs (copyrights) and songwriters, promote them for financial gain, and serve as copyright administrator whereby tracking, licensing, and payment collection can be done efficiently. A good music publisher has knowledge of all facets of the music business, an understanding of music industry dynamics, an ability to hear hit tunes, knowledge of copyrights laws, and contacts in the music business.

Song Plugger (Professional Manager)

Song pluggers or professional managers work for a music publisher and perform the administrative functions of music publishers. They also work to add new possible hits to the publisher's catalog and to find acts to record these songs, generating income for the publisher. Professional managers seek to have a song covered and recorded by as many artists as possible and attempt to make the tune a "standard." Song pluggers rely heavily on their contacts in the music business to accomplish their job and must have great communication skills. The song plugger may provide creative input into a band or artist's demo since they have a good understanding of what the industry is looking for.

Tour/Road Work Business Careers

Tour Coordinator The tour coordinator is responsible for coordinating the many facets of an act's tour, including travel, lodging, arranging for services, and budgeting for expenses.

Road Manager

Road managers handle the problems that occur while an act is traveling. They supervise equipment, sound, and lighting personnel.

Tour Publicist

The tour publicist is responsible for publicizing an act's tour to both fans and the media through press releases, press conferences, and special promotions.

Advance Person PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

The advance person is responsible for arriving ahead of the act to prepare for a concert and assisting the tour coordinator or road manager with details prior to the show.

Sound Technician

Sound technicians are responsible for high-quality sound during the live performance. They usually arrive at the concert site before the performers and are involved in unloading and setting up the equipment and instruments along with the road crew. The sound technician supervises the placement of equipment and works with the talent during the sound check to achieve the best sound. They may even work a soundboard during the actual performance.

Chapter 24

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Music Industry Deals and Contracts

 Record Label and Record Deals

A record label is a brand and a trademark associated with the marketing of music recordings and music videos. Often, a record label is also a company that manages such brands and trademarks; coordinates the production, manufacture, distribution, marketing, promotion, and enforcement of copyright for sound recordings and music videos; conducts talent scouting and development of new artists ("artists and repertoire" or "A&R"); and maintains contracts with recording artists and their managers. The term "record label" derives from the circular label in the center of a vinyl record which prominently displays the manufacturer's name, along with other information.

Primarily, a record company signs an act and put them in the studio to record songs. They then make copies of the master recording and ship it to a distributor. The distributor is a wholesaler who then sells the CDs to retail outlets. The record company then pumps money into marketing by advertising and promoting the music with hopes of selling records and digital downloads through online distributors such as iTunes, eMusic, & Amazon.

There are two kinds of record labels independent (indie labels) and major labels. Indie record labels are independent companies that do not have a corporate backer, they control a small percentage of the overall music in the market, and they are not as organized as the majors. Major labels are large corporations often owned by a parent company, like Sony. They run a well organized business structure and control about 80% of the total music in the market.

The majors are similar in that they are all multinationals (meaning they run their businesses in countries throughout the world), they all have their own distribution companies, they all have their own publishing companies, and they all have massive back catalogs of titles that they continue to sell into the marketplace. These individual elements combined under one company's roof are very potent and ultimately distinguish the label as a ―major.‖ Any record company that does not fit the above criteria or is not distributed by a label that fits the above the criteria is said to be an "independent" or an "indie."

Major labels 1988–1998 (Big Six)

1. Warner Music Group 2. EMI 3. Sony Music (known as CBS Records until January 1991 then known as Sony Music thereafter) 4. BMG Music 5. Universal Music Group 6. Polygram

Major labels 1998–2004 (Big Five)

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5. Universal Music Group (Polygram absorbed into UMG)

Major labels 2004–2008 (Big Four)

1. Universal Music Group 2. Sony BMG (Sony and BMG joint-venture) 3. Warner Music Group 4. EMI

Major labels 2008–2012 (Big Four)

1. Universal Music Group 2. Sony Music Entertainment (BMG absorbed into Sony) 3. Warner Music Group 4. EMI

Major labels since 2012 (Big Three)

1. Universal Music Group (EMI recorded music division absorbed into UMG) 2. Sony Music Entertainment (EMI Music Publishing absorbed into Sony/ATV Music Publishing) 3. Warner Music Group

The Organization of a Record Label

To describe the hierarchy of a record company, it's best to start at the top. The CEO (chief executive officer) is in charge of the business of the whole company. In addition, each label also has its own president. Under the president of the individual label, there are vice presidents in charge of different departments. Let's take a look at the departments that make up a major record label:

 A&R - The A&R (artists and repertoire) department is often considered the most glamorous department at a record label. This is because A&R is in charge of discovering new talent. A&R people work very hands-on with the artists that they "sign." (When a record label "signs" an artist, it simply means that the artist makes an exclusive contract with that record label.) They do everything from assisting with song selection to choosing the people that will produce the album to deciding where the album will be recorded. The people in this department work as the link between the recording artist and all the other departments of the record company.  Art Department - This department is in charge of all the artwork that goes along with producing an album. This includes CD cover art, advertisements and displays at music stores.  Artist Development - This department is responsible for planning the careers of the artists who are signed to the record label. It promotes and publicizes the artists over the course of their career. According to Music Biz Academy, many labels no longer have artist development departments. As record labels have come to see artists as products in recent years, some artist development departments have been renamed "Product Development." Many insist that this is because the emphasis in the current music business is to promote artists very heavily in the beginning of their career, as opposed to long-term planning. *If you don't want to be a "one-hit-wonder," pay close attention to how the record label views this aspect of career planning.  Business Affairs - This department deals with the business side of things. It takes care of bookkeeping, payroll and general finances. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

 Label Liaison - This is usually one person, or small group of people, who serves as the liaison between the record company's distribution company (either an entirely separate division under the huge corporate umbrella or an outside company responsible for getting the CDs into the stores) and the record company. The label liaison also helps decide when to release an album (when the album goes on sale to the public) and makes sure it doesn't conflict with any of the other labels the record company owns.  Legal Department - This department is responsible for all the contracts that are made between the company and the artist, as well as contracts between the record label and other companies. Any legal issues that arise (such as lawsuits between an artist and the company) go through this department.  Marketing Department - This department creates the overall marketing plan for every album that the record company will release. It helps coordinate the plans of the promotion, sales and publicity departments.  New Media - This department is in charge of dealing with the newer aspects of the music business, including producing and promoting music videos for the artist. In addition, this department is often responsible for helping an artist create a presence on the Internet. It deals with the new technologies in which artists can stream music and music videos through the Internet.  Promotion Department - This department's main purpose is to make sure that an artist is being played on the radio. It must get an artist's new songs on the radio in order to ensure the future success of the record company. This department makes sure that all the other departments are communicating about the best way to sell the artist to the public. The promotion department may also try to get videos played on MTV or VH1 channels. This can be the responsibility of this department or in conjunction with the New Media department.  Publicity - This group is responsible for getting the word out about a new or established artist. It arranges for articles to be written in newspapers and magazines. They also deal with radio and television coverage of an artist. Many artists also have their own independent publicists who help coordinate publicity with this department as well.  Sales - This department oversees the retail aspect of the record business. It works with the record store chains and other music stores to get new albums onto retailers' shelves. The sales department often coordinates these efforts with the promotion and publicity departments.

What's a Record Label Deal All About?

Most musicians think they want a record deal, but know nothing about these ominous 80-100 page, single-spaced recording contracts.

Recording contracts are legally binding agreements between artists and/or bands and a record label. These contracts, when signed, commit the act and the label to certain obligations.

So, in this digital age when fewer and fewer Major Labels are signing new talent, and what they sign and release is selling poorly, labels these days are more demanding than they were in past decades, when it comes to signing anyone.

Record labels today are attracted to acts that have built a strong following and have proved to the industry that they are a solid investment. When a record label signs an act to a recording contract, they expect to make a substantial return on the financial investment they have made in that act.

The following information is provided to you as a basic outline to the key parts of a recording contract. Please be advised that should any such contract ever come your way, never sign anything without consulting your LAWYER, who must be conversant about entertainment business.

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DISTRIBUTION Make sure the label has a solid distribution deal on a national level. Be sure to check on the relationship between the label and their distributor(s). Ask some questions like:

 How many CDs has the distributor sold of the label's product?  Did the label have any problems getting paid by their distributor?  What kind of working relationship do they have with their distributors on their new releases?  Does the label have a budget to pay for some co-op ads, and in-store promotions through their distributor?  What kind of Internet distribution and online sales methods does the label use?

ROSTER Make sure the label's roster isn‘t too big, or else you won't be given the attention you deserve. Also, make sure the acts on the roster match the type of music you play.

PUBLISHING If the label has an affiliated Music Publishing division, and wants part of your publishing, don‘t be surprised, but be sure your attorney protects as much of your publishing royalties as possible. Never allow a label to recoup any monies advanced to you for the recording of your record from your mechanical royalties. (This is the money owed to the songwriter and music publisher of the songs you wrote on your record, for the sales of your record.)

MERCHANDISE Merchandise deals are deals made by your attorney outside of your recording contract, for your likeness to appear on t-shirts and other clothing and objects. If the label wants a percentage of the income from such a deal, you may have to negotiate how much they get.

OPTIONS Find out how many options the label wants. Since ―options = number of records (CDs),‖ you don‘t want to agree on too many options.

INDIE PROMOTERS and/or IN-HOUSE STAFF Find out if the label works with independent radio and/or retail promoters. It‘s a good sign when they do; this raises the chances that your record will be seriously and effectively promoted.

ADVERTISING Find out if the band has an advertising budget for releases.

TOUR SUPPORT Find out if and how they support you on your tour (financially, morally, etc.) and how much of any advances for touring are recoup-able.

POINT / PERCENTAGE of the LIST PRICE You Receive Find out how much you get paid for each record sold. A new act usually gets somewhere between 10- 15% of the suggested list price of a recording. (Remember too that out of your percentage, you must pay your producer their percentage, for producing your record.)

TERMINATION This clause specifies the songs you may not be allowed to record for a set time after the ending of the contract.

SIDEMAN'S CLAUSE PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

You might want to consider including a sideman‘s clause. A sideman‘s clause allows an artist to do studio work. The artist still needs permission from the record company; they however, can‘t say no unless they have a very good reason. Under normal circumstances -- without such a sideman‘s clause -- you would be prohibited from performing for any other band/label under the terms of an exclusive contract. If you have a sideman‘s clause in your contract, make sure all members of your band sign the document.

KEY MAN CLAUSE If a significant label executive resigns, or leaves the company, you may terminate the deal. The label may also put such a clause in concerning a band member.

I hope this information was useful for you. Knowing some basics about the realities of recording contracts before you get involved with them can save you a lot of grief down the road. Remember, record company lawyers have a reason for every clause in their contracts — so should you.

Getting Signed Before answering the question, let me share with you some of my own thoughts on the business. First, a lot of musicians are looking to be signed by a major record label. You, may yourself have aspirations of ‗making it big.‘ However, if there is one thing that I‘ve learned over the years, it‘s that these days record labels aren‘t looking for unreliable musicians they can turn into stars.

What 'Labels' Are Looking For? What they are looking for are musicians that are already doing the work. They are looking for artists that have proven they can create a huge fan base, sell thousands of CDs and sell out shows all on their own. They are searching for musicians who are already ‗stars‘ in their own region. What I‘m saying, in a round-about way, is this; if you want to ‗make it big‘ and get signed to a major label, the best way to do that is to forget about being signed to a major label and do the work yourself. Get out there, play your music, build your fan base, and sell CDs. Your goal should not be to ‗get signed‘, but to bring yourself to a point to where you don‘t really need the backing of a record label anymore. Once you‘ve reached this point, and you have a marketable name and product, then you might find some A&R people knocking on your door. Maybe.

 Other Contracts and Deals in Music Business

Music Producer Contract

A contract with your producer is an important part of the recording process. Music producer contracts protect everyone involved in the recording by explicitly detailing duties and compensation. Many times, up and coming musicians are tempted to sign a production contract that they don't understand just to get a big name producer on board. Bad move. Production contracts are famous for being one of those little things that sneak up and bite you when your career takes off. Before you sign a contract with a producer, make sure you understand it. This guide will help both musicians AND producers figure out a fair deal.

Know the Job Description

Some producers are VERY hands on, and others, well, aren't. What kind of producer do you want on the job? The production contract should specify exactly what is expected of the producer. Will they be PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org arranging songs? Creating beats? Or, do you want a producer to basically make sure the songs are being properly recorded and stay out of the creative stuff? The nature of your relationship with the producer should be decided up front, and it should be spelled out in the contract.

Pick Your Points - Part One

Points are a producer's bread and butter. Each point represents a percentage of income from record sales that a producer will receive. The number of points a producer gets is commensurate with their experience and track record. Some big name producers get 5+ points on an album while a producer trying to get started in the biz may work for no points at all.

When it comes to points, not only do you have to decide how many the producer will get, but you need to decide if these will be record one royalties and if the points will increase if the album passes pre-established sales goals.

Pick Your Points - Part Two

When you settle in on the points to be awarded to a producer, you also need to figure out if the points will be payable on retail price or dealer price and if the producer will be subject to the same manufacturing "charge" by the label that you as the artist pays.

Producer Advance

Your contract should state whether or not the producer will be paid an advance for their work. A producer advance is common, but if you are working with an up and coming producer rather than an established one, you may be able to work out a deal that does not include an advance.

Mixing Rights

Some production contracts include a clause that gives a producer first refusal on remixes of a project. If this clause is in place, it means that if you are unhappy with the final product and want to take it to someone else to mix it, you may have to allow this producer to try and make some changes first. This clause is not ideal for you as a musician - try to negotiate it away.

Who is Paying for All This Anyway?

Your contract needs to state who is responsible for paying the producer. Is it you, or do you have a record label footing the bill? If a third party is paying the bill, a producer will want some kind of written clarification of who will be responsible for settling up if the project goes over budget. If you have an all in deal, that could be you, the musician. The ideal set up is for you to take the hit for budget overages that you cause and the producer to take on the overages that they cause.

Music Manager Contract

A good music manager can be instrumental in the success of your band. Unfortunately, because your music career means so much to you, it is remarkably easy for a so called manager to come along and take you for a ride, especially if you are relatively inexperienced. Any contract you sign for any part of your career should be carefully considered by you, but perhaps none more so than your music manager contract. Before you sign, brush up on your music manager contract basics so you can be sure you are making the right decision. Keep in mind that this info is general in nature - your deal may be different. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Music Manager Contract Basics

There are a few basics to keep in mind about music manager contracts.

 It Doesn't Have to be Complicated! - Especially if you're an indie band. Skip the fancy talk, and write a simple document that covers money, division of labor, and the length of the agreement.  It Should be Mutually Beneficial - Even if your manager has been at this longer than you, don't sign your life away for a crack at their expertise. A manager who really believes in you won't expect you to do so.  It Should be Signed in Good Faith - If you're looking for loopholes before you sign, or your manager is, there is a problem.

The Contract Term

The length of your agreement with the music manager is a good place to start. You will need to agree upon a term and a contract cancellation policy. A fair contract term is a one year agreement, with an option to extend the agreement at the end of the year if both parties agree. At that point, you can look at negotiating longer agreements, but a one year term is a good trial term for both parties. Be wary of giving the music manager options to extend without your agreement; if you do, you can be forced to stick with a manager you don't want.

Be sure your contact specifies how both parties can leave the deal.

The Job Expectations

What you expect your music manager to do really depends on where you are in your career. If you're a new band, your manager should be promoting your to labels, trying to get you gig, and generally trying to get things off the ground for you. If you're further along, your manager should be making sure other people are doing their jobs to promote your music. Simply be as clear as possible about what you need from a manager, and what they are willing to do. For instance, for an indie band, do you expect your manager to get merchandise made, or will the band take that on? Now is the time to get it all on the table.

The Management Fee

A standard management fee is usually around 15% - 20% of your earnings. Your manager takes a cut of proceeds from album sales, any label advance, and from the earnings from deals they have negotiated. Some do not get your money from your merchandise sales, your songwriting royalties, or from deals they have not negotiated (unless you have a prior agreement saying otherwise). Keep in mind that if you are a small band who hasn't started making an income yet, 15% -20% of nothing is still nothing. You may want to keep this earning potential in mind when you are nailing down the details of the job expectations.

The Manager's Expenses

Your manager should not be out of pocket for business expenses for promoting your band, but you need to reach an agreement on how expenses will work. You don't have to pay for your manager's phone costs or office costs, in most instances. You do have to pay for business trips your manager makes on your behalf and reasonable costs like taking a label rep out for drinks. The best way to handle expenses is to pay them at set times, i.e. once a month. The music manager should provide you with receipts for expenses. Include a caveat in the contract saying expenses above a certain amount must be cleared with you first. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Words of Caution

Music manager contracts can be very specific to your circumstances, and so the advice above is a guide and does not represent not hard and fast rules. The best thing you can do is be as clear and specific as possible, anticipating every bump in the road. If you're a small band, and your manager is going to grow with you, be sure to re-examine your agreement often to make sure it is still fair to everyone. If you already have a record deal in place and have a new manager coming on board, you should seek legal advice to make sure your interests are protected.

360 Deal

In the music industry, a 360 deal is a business relationship between an artist and a music industry company. The company agrees to provide financial support for the artist, including direct advances as well as funds for marketing, promotion and touring. The artist agrees to give the company a percentage of all of their income, including sales of recorded music, live performances and any other income. The business arrangement is an alternative to the traditional recording contract.

Since it is getting harder and harder to make music by selling albums alone, record labels are turning to 360 deals. These deals let a record label take a piece from all of the income earned by a musician, not just their album sales. Should you sign a 360 deal? Before you put pen to paper, ask these questions.

What Income Is On The Table?

The whole point of a 360 deal is that the record label gets a cut of most, if not all, of your revenue streams. However, push to get down to the specifics of what exactly that means. Although a surprising number of labels (and managers) seem to think that they should get a cut every time your nana sends you a birthday check, why should you be paying for services you are not receiving? Hammer out a specific list of what income is included in the 360 deal and work to keep the whole pie for income that the label is not helping you earn.

Who Will Be Handling The Responsibilities?

360 deals are being embraced by labels at the same time many of them are laying off staff. In other words, labels are taking on more work when they are reducing the number of workers around to do it. Get some assurance that the label has the manpower and the expertise to get involved in managing every aspect of your career. If they don't, this isn't a good deal for you. You will need to bring on extra help and pay them to do work you are already paying the label to do. Again, only split the pie with the people who helped bake it. Anything less isn't a fair deal for you.

What Percentages Are We Talking Here?

Of course, you will want to know exactly how much the label wants of your money. Is it a flat rate across the board? Is there a tiered system for deals they land for you and ones that you negotiate without them? You may not find a lot of wiggle room here - labels often have a standard deal - but you need to know what you're looking at. Plus, it never hurts to at least try to shave a few points off. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

I'm Going to Need to Run This By My Lawyer

Not really a question, but very important all the same. 360 deals are complicated. You are signing away the rights to lots of different revenue streams, which could come back and bite you in a big way. Don't assume you understand everything. Getting legal advice before you sign a 360 deal is a must. And don't let the label send you to their lawyer, either.

Music Promoter Contract

Music promoters who work with big money deals would never dream of booking a show without a contract (nor would the artists with whom they work consider playing a show without a contract). But in the indie music world, music promoter contracts are probably the most overlooked kind of contract. Relationships between promoters and bands at this level are often casual, but even if there are not huge sums of cash involved, a contract lets everyone know where they stand. Promoters and bands alike can use these steps to create a fair contract that will help the gig go more smoothly.

Please see disclaimer below.

You're on the Same Side!

Before you even get started, make sure you understand the nature of the relationship between band and promoter. The reason the same rules apply to writing contracts for both sides is because you are actually on the same side, especially if you are in the building stages of your career. If a promoter makes money, the band makes money, and vise versa. Don't work at cross purposes, because you're not! Come to an agreement that gives everyone the tools they need to play their part in making the night a success AND gives everyone the best shot at going home with some money in their pockets!

Know the Issues

A good music promoter contract will cover the important issues:

 The date of the show  The venue (name, address, phone number, website)  The position of the band on the bill (opening act? headliners?)  The length of the set required (how long should/can the band play?)  Soundcheck times and lengths  Will accommodation be provided? If so, will the cost be charged back to the band?*  Will the band be able to sell merchandise?  Backline provided  The rider  Is the band to provide posters and promo materials?*  Last but not least, the deal*

The starred points require further explanation - read on for more details

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A Bed for the Night?

There are no hard and fast rules about whether or not a promoter should provide accommodation. If you're in a band the regularly pulls a profit at gigs, then you can easily negotiate for accommodation. If you're playing shows to build an audience and the promoter is not likely to break even on the show, PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org accommodation is not required. Some very nice promoters in cases like these will put the band up at their own house, but don't expect it. If a promoter does get the band a hotel room, then it is acceptable to withhold that cost from the band's earnings. A lot of bands would rather crash in the van and keep the cash.

Who is in Charge of Promo Material?

Music promoters will take on the task of promoting an upcoming gig to their local media (press, radio, websites), but to do this, they need some information from the band. Most promoters will request a few CDs and copies of a band bio so they can make a promo package. Promoters will often ask a band (or their label) to make posters the promoter use to advertise the show, though this is arranged on a case by case basis - some promoters prefer to make their own posters. Try to make sure the promoter has what they need to get the word out about the show - if they don't, they can't get people out to see you!

Is This Deal Fair?

A deal can involve either a flat fee or a door split deal. It's true, a door split deal can leave a band and a promoter out of pocket at the end of the night, but for up and coming bands and promoters, it's a very fair deal. If there is a profit, everyone shares in it, and if there is not, well, everyone has shared the risk.

Promoters can reclaim their investment in the gig before they pay the band. The venue rental, rider, gear rental, hotels - these things can all be reclaimed from the fee. The contract should clearly state which expenses a promoter can reclaim from the show proceeds.

Promoters - What You Can't Do

Here's the truth - being a promoter is hard work, and when you are just getting started, you may lose money on a lot shows. What you CAN'T EVER do, however, is ask a band to pay you back for your expenses if the show did not make enough money for you earn it all back. That's the risk a promoter takes. There may be the odd special case, such as renting a ton of special equipment, in which you could ask the band to cover the cost, but 99% of the time, if you lose money on a show, you lose money on a show. Keep a close watch on your expenses and the bands you book, and you'll find a formula that works for you.

Bands - What You Must Do

Maintaining good relationships with promoters is absolutely essential. Be realistic about your expectations when you go into a show. If your band is in the building stages, you may play many very small shows which don't earn you any cash, and in fact may actually cost you money. If that happens to you, make sure it is REALLY the promoter's fault before you burn that bridge. A good promoter can help you out A LOT, and even if your particular show wasn't a sell out, if you have a good attitude, that promoter will work with you again. Be professional, and remember that every show is a promotional tool for you.

How to Spot a Bad or Dubious Music Deal

There are a lot of people in the music business who want to help you reach your music goals - even people who make sacrifices themselves to work in music just because they love it. Unfortunately, to find these people, you have to navigate a minefield of people who see your dreams as their personal PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org goldmine. Learn to spot the red flags of a rip off a mile away so you don't end up on the losing end of a bad deal.

Here's How:

1. Red Flag One - Paying for a Deal:

A manager, agent or PR company should never ask you to pay a fee upfront to represent you. That doesn't mean these people don't get paid - they do, either according to a set schedule arranged between you or on a per campaign basis, but you should never, ever hand over your money to someone who charges you a fee to "get on their books." If someone says they can "make you a star" if you just write them a big check, run the other way.

2. Red Flag Two - They Found You on MySpace:

Now, don't get me wrong - a lot of people have established legitimate connections via MySpace and other websites, but you should really consider these the exceptions and not the rule. You've seen those movies in which some small town kid heads to Hollywood with nothing but "a dollar and dream," and then someone rolls up to offer them a hot meal and a great way to make some cash? It never ends well, and in MySpace, you are that virtual kid. You should consider people who want to make a MySpace deal with you like that shady character until you have good proof otherwise.

3. Red Flag Three - You Can't Get Any Advice:

If someone comes at you with a legal contract but they don't want you to seek an outside opinion about what that contract means for you, be very concerned. Note that if someone arranges for you to talk to their lawyer, that's not impartial advice. Unless you all go to a lawyer together to work out a fair deal, you need your own legal reps. (If the other party doesn't have a lawyer involved and the contracts are very simple, one page docs, you don't have to run out and spend the money on one. If they do have one though, you should, too.)

4. Red Flag Four - Pay to Play:

You may not always get paid to play a gig, and you may end up out of pocket after you weigh up your travel costs, but that doesn't mean you should ever pay a promoter for a chance to take the stage. It's bad form (and illegal in many areas).

There are exceptions - for example, some bands "buy on" to major stadium/arena tours, in essence paying money for the chance to open for a top selling band. For smaller shows, if you're booking and promoting the show yourself, you may have to meet a bar minimum or pay a venue rental fee. However, you should never directly pay to play. And no, it doesn't matter how many clubs in your area operate under that shady procedure.

5. Red Flag Five - Bad Percentages:

There are many people who might get a cut of your earnings for their work for you, but you should never be handing out a larger percentage of your earnings to any one person than you are keeping yourself. Does that management deal give the manager 70% and you 30%? Don't sign.

6. Red Flag Six - You Can't Find Your Way Out of the Deal: PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Options to renew contracts are a normal part of most deals - they are a safety net to prevent someone from putting in all of the hard work and someone else reaping all of the benefits. But if the options give the person you are making the deal with the power to renew your deal again and again AND the option to leave the deal at any time, while you just have to sit back and wait for them to decide, beware.

7. Red Fag Seven - It Just Doesn't Make Sense:

If someone guarantees you they can take you from playing music in your bedroom to a major label contract in a month, get their lottery numbers, because they are clearly the luckiest person in the world. (OK, unless they work for a major label, in which case you are pretty lucky yourself.) Having big goals and going for them is important, but in music slow and steady generally wins the race. You want to work with someone who believes you can make it all the way and tries to make it happen, but be wary of the person who thinks they can help you skip steps 1 - 280.

 How to Start and Run a Band Successfully

So, you want to know how to start a band? This is important - you must pay equal attention to both playing music and the business of showcasing your talent. Most bands devote too much time to playing music and too little time to business to achieve success. The problem is, musicians aren't usually good at business and business types aren't usually great musicians. You'll probably find that the members in your group will either be strong musically or have good business sense. The business minded members of your group should be prepared to organize a plan to successfully reach your group's mutual goals. They also must be able to convince the other band members to follow their lead.

Just to make myself clear, I'm not saying that you can't be a talented musician and talented businessperson. What I'm saying is that typically the scale leans in one direction or the other. We all have a combination of different talents and it's important to understand the proper contribution that each member can make to the group.

To Start a Band good business sense is essential. I've always been good at the business of playing music. When I was in my first band, we were the least skilled group in town. Even though we were at "the bottom of the heap" as musicians, we were the most popular band in town. One of the reasons for our success was our business approach. We set goals and attained them using a step-by-step method.

I progressed as a musician and moved on to the "cover band" circuit for a couple of years. It was a similar story. We weren't the best but we took care of business and grew to become one of the top bands on the circuit.

Then there were my Hollywood days with Hawk. The second time we played The Roxie it was a sold- out performance. Members of Hawk went on to play with Judas Priest, King Cobra, The Bullet Boys, and other successful bands of the 80's. Matt Sorum of Guns N' Roses and Velvet Revolver recorded with Hawk. So, I have a pretty good idea of what it takes to be successful in the music business. The following is a five-part article that was originally written for my "Metal Message" newsletter in 1984. This is the third time that the article has been published and the third revision of the article. The methods I describe here can be adapted to achieve success at any level of the music business.

How to Start a Band - Getting Started PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Once you have learned the fundamentals of how to make good music you might consider starting a band. Sure it's fun playing songs for your own enjoyment, but it's more fun to share your music with others. Playing in a band keeps you motivated. What is the motivation? You'll either improve or get kicked out! For example, when you're practicing by yourself and set a goal to learn a song by next Wednesday, if you don't reach the goal it's no big deal. If the band agrees to learn a song by next Wednesday and you're the only one that failed to do so, it's a big deal. That's motivation.

The primary excuse I hear for not starting a band is "I'm not good enough." That's actually an advantage; the less experience you have, the more musicians there are to choose from. Face it; it's a lot easier finding inexperienced players than top-notch professionals. Start a band of equals and grow in experience together. The sooner you get started the faster you'll achieve your dream.

Creating a Rehearsal Space

To start a band it will be necessary to hold auditions. So, finding a rehearsal space is the first step. I've rehearsed in basements, garages, storage spaces, apartment clubhouses, church recreation centers, and professional rehearsal studios. It's not difficult to find a rehearsal space; what's difficult is keeping it. About the third time a neighbor calls the police because you're playing too loud, you're out. To keep this from happening you need to soundproof the room. Real soundproofing is expensive, so improvise; used carpet works well, is cheap, and can be found at a local carpet outlet. You may even be able to get carpet that's been removed from a previous installation free of charge. If not, purchase inexpensive carpet remnants. It ain't pretty but it's cheap.

To soundproof a room it's necessary to create a room within a room. The air space between rooms is effective for deadening sound. Use this same technique with carpet - try to separate layers of carpet with air spaces. The carpet will also act to deaden reverberation so you'll be able to clearly hear what everyone is playing. If you practice in a large empty room where sound reverberates, musicians can even hit wrong chords and you'll never hear it.

After the room is soundproof it may be necessary to install a burglar alarm. It will help you sleep easier at night knowing that your equipment is safe. Inexpensive alarms can be found at Radio Shack.

Once the rehearsal space is secure it's time to find the right musicians. This is the most important aspect of the entire process. It's important to find musicians that are on your level of playing experience. For example, a great bass player who is more skilled than the rest of the group won't stick around for long. Other important considerations are to find people with similar goals, who are in your age group, who are dedicated, with the same musical taste, and who are available for rehearsal.

Advertise for Band Members

How do you find these people? Advertise! Advertising works, that's probably how I found you. Most people are aware of my guitar lessons from guitar magazine ads and Internet advertising. Your band ad must speak directly to prospective band members. They must feel that this ad "has their name on it."

You probably already have a good idea of where to advertise for musicians. If not, check out the classified section of local papers to see where musicians advertise. You should post flyers in music stores, clubs, and schools. Also, take advantage of the Internet to connect with like-minded musicians.

How do you choose band members? PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Chemistry: Chemistry between band members is gold – the combination is the key. If you take out one ingredient, it just won‘t work anymore. Music is pretty interesting – you can play with people that you have absolutely nothing in common with, and have absolutely no ability to play with your very best friends. You can‘t force it - all you can do is understand how to identify chemistry when it‘s there, and to keep it going.

Commitment: Typically, bands only last 2 years, maybe 3. People move to different cities, move on, change bands, have babies, take up a different hobby, etc. Bands come and go, but players keep playing. Band members that are committed to the music, and more importantly to music in general are usually also committed to each other.

Bonding: Bands have bonding moments that change them from individuals into a unit. This can be forced, but works better when it happens naturally, from people making sacrifices for the group over time – this coalesces the group.

Successful people: People who are generally successful in their day-to-day living generally make better bands that really great musicians – this is because successful people understand the concept of committing to a goal and working towards it. It‘s much better to get a drummer who really likes the idea, vision or point of the band who is also an accomplished skier or boat builder or something than a great drummer who has no life skills or drive. The boat builder will get better, and will commit to the goal, and really work at it. Some people are like this, others are not – avoid the ones that are not, as they will drag the whole band down with them.

Creating an Ad

The most common mistake people make when writing an ad is to misrepresent their level of experience. An inexperienced musician often tries to appear experienced to attract better players. The problem is, those better players won't be interested in playing with a less experienced musician for long. Believe me, I've been on both sides of the fence. I've auditioned people that were way beneath the level I was seeking, and I've been auditioned by more experienced musicians. So, begin with an honest evaluation of your skills and your level of commitment to include in the ad.

You must create an ad that clearly expresses who you are and the type of musicians that you're seeking. The ad should state your musical taste, level of experience, dedication, and goals. If there's anything else that distinguishes you from other musicians mention that too. This might include your recording equipment, contacts, and rehearsal space.

I prefer to advertise for one musician at a time so it appears as if I already have a group. It's much easier to find musicians who want to join a group than to attract people interested in forming a new band. Get started by looking for another guitar player, bass player, or drummer. After that position is filled, find the next musician. Don't look for a lead vocalist until last.

Holding Auditions

Be prepared for the calls that you'll receive responding to your ad. Make a list of questions beforehand and keep track of how each musician responds. If a person seems interesting, set up an audition. Give them a couple of songs to learn so you'll have music that both of you are capable of performing. Take command of the situation by selecting songs that will showcase your ability. Even so, don't choose music that is so difficult that it makes you nervous to perform. I like to choose pieces that allow me to improvise during the more difficult sections so I can perform with confidence. If I'm too nervous, I lighten up on the sixty-fourth note triplets.

Don't wait until the entire band is formed to rehearse. Remember, the tighter you and the other musician play together, the better musicians you'll attract to complete the band. It's necessary to build PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org confidence; everyone involved must realize if you stick together this actually will become a band. A positive attitude is essential.

Begin Rehearsals

How do you rehearse with a band that doesn't have a bass player or drummer? Play along with a drum machine or pre-recorded tracks. For example, if you don't have a bass player but you do have a drummer record the bass parts yourself. If you don't own a bass borrow one or maybe talk a local musician into recording the parts even if they're not interested in joining your band. Be sure to record a click-track (for timing) along with the bass. The click-track can come from a metronome or drum machine and should be a single sound like a hi-hat or wood block. Start off with a four-count so you and the other musicians will know when the song begins. It will probably be difficult for the drummer to hear the track so they should listen to it through headphones. Consider purchasing a headphone amplifier that will distribute the sound to several sets of headphones. A Behringer HA400 4-channel stereo headphone amplifier sells for $19.95. Record the rehearsal tracks as MP3 files and hook your MP3 player up to the amplifier.

It's a good idea to create a multi-track recording of every song that you learn. That way, if someone can't make it to a rehearsal you can mute all of the tracks but their performance and the click-track and play along with the recording. This recording is also useful for learning new songs. Give each member of the group a recording minus their instrument for them to use as a practice tool.

Before long your group will be ready to find a lead vocalist (unless group members already handle the vocals). The singer is the main link between the band and the audience. A great vocalist is essential for success. That's why I saved the vocalist for last. Rehearse the group until you're able to play several songs perfectly without vocals, otherwise it will be difficult to audition singers. I know this sounds difficult, but the band will be much tighter if you learn songs without listening to vocals. There are two other advantages to rehearsing without a singer. One, if you learn to depend on the vocalist for the arrangement, when the vocalist makes a mistake the band will follow which can end in disaster. Two, if the band needs the singer to sing every song at rehearsal, the singer's voice will be shot when it's time to play gigs. Plus, vocalists are notorious for being difficult to manage. So, when they throw a temper tantrum and storm out of the room you can continue to rehearse without them.

Dividing Responsibility

Once the group is formed, various duties must be divided among band members. Be sure everyone in the group has certain responsibilities, but no one should handle too much of the load. One person must be the bandleader. The leader oversees the whole operation. They must be sure that each member is doing their job and that the "band effort" is organized. Booking agents and club owners only want to deal with one individual, not the entire group. So, the leader must act as the group representative. The leader is also responsible for hiring and firing. Although the group usually decides who is to be hired or fired, the leader often has the responsibility to carry out the band's wishes.

Individual Responsibilities

The next job is rehearsal director. The group leader may also handle this responsibility. The rehearsal director organizes practice sessions to be as efficient as possible. They keep everyone informed about what songs will be learned in the future and see to it that rehearsal plans and goals are accomplished. If the band wants to learn a new song every day, and practice previously learned material, the director organizes a schedule so this is accomplished. This person also makes notes on song arrangements and may be in charge of harmony practice. Before moving on, I'd like to mention a couple of things about choosing material. Take turns choosing songs. If anybody in the band doesn't like a song, drop it. There is enough good material available that you should be able to find songs that are acceptable to everyone. Also, choose material that fits the venue that you intend to play. Check out these places and PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org see what songs are getting good crowd reaction. Keep your material current; don't learn too many oldies, because your song list will become dated. If you have a good song list of current material you can start learning original material without feeling the need to constantly learn new cover tunes.

The group's image

The next job pertains to creating the group's image. Usually the lead vocalist is the most image conscious person in the group. If so, let them be in charge of the group's stage appearance because a single person should coordinate this. If everyone dresses and looks as they please, chances are the band won't look like they belong in the same group.

Each song you learn should have some organized stage movement. It's necessary to arrange some of the movement on stage to add impact to the show. That way, even when the band is having an "off night," you can still expect the two guitarists to meet at a certain place on stage and at the very least acknowledge each other's existence. Often, just by looking like you're having a good time you'll start having a good time. Without a certain amount of organized stage movement the band will be too inconsistent - some nights will be great (lots of movement) while other nights will be boring (the band will appear uninterested and listless). I just noticed that I wrote twice as much about the person in charge of image as I did about the bandleader. I'm not sure if that's a good thing.

The next job is bookkeeper. It's a dirty job but someone's got to do it. The band should open a checking account to keep accurate financial records for income tax purposes. All income should be deposited to the band's account, and all expenses should be paid by check. The bookkeeper should keep receipts and records of income and expenses. This can be accomplished by simply keeping records in the check ledger. This person should also establish a good relationship with the bank because you may need to borrow money for equipment. While I'm talking about borrowing money, let me make a point - good credit is extremely important when you're in a band. Establish your credit and guard it like you do your axe. When the band's truck breaks down and you need seven hundred dollars for engine repairs before the next gig, you'll realize the importance of good credit. Once you start touring it's almost impossible to establish credit so keep your record clean. Banks are reluctant to loan money to transients (people who move from place to place), the self-employed, and musicians (yes, bankers have found me amusing). If you become a successful musician working on the club circuit you'll fall into all three categories of credit risk. If you can show the bank that you have a good credit history they might stand behind you through difficult times. Before you "hit the road" make it a point to establish your credit by securing a credit card and pay the outstanding balance in full every month.

Public relations Someone must be in charge of public relations. This person should be sure that the band's photos and bio are up to date. Public relations work also entails promoting individual gigs - make your audience aware of each performance. This person should work closely with an artist on t-shirts, flyers, ads, and business cards. It is also important to organize newspaper clippings into a press kit and accumulate an e-mailing list of fans.

Band rehearsals

Rehearsals are a job, not a party. That means no drugs, drinking, or friends at rehearsals. If your "significant other" has a job, you probably don't hang around where they work. Your partner needs to understand that anyone at a rehearsal other than band members is a distraction. When you have an audience there's too much of a tendency to perform all of your best material instead of learning new material. Too many people hanging around your rehearsal space causes problems with neighbors and police. Also, some people that start "hanging around" may eventually decide to rip you off or he may spread the word about where you're rehearsing and someone else will do the job. Still, it's okay to occasionally have a "dress" rehearsal for close friends. This is a performance of your set from beginning to end without disruption. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Everyone should know their parts before they arrive at rehearsal. That's to be done at home instead of wasting everyone else's time at a group rehearsal. The rehearsal director should see to it that everyone has a copy of new material. Rehearsals should be recorded and the director should see to it that all members have copies of the recordings. The best way to rehearse new material is to first practice songs as a group at very low volume then let the bass player and drummer go over their parts together a few times. After that, add rhythm guitar, then lead guitar, lead vocal, and last harmonies. Harmonies should be rehearsed at low volume over rhythm guitar or keyboards.

Learning material at low volume is important for two reasons. One, it's much easier to hear each part distinctly at low volume. Two, once you're on the road it's a great advantage to be able to learn tunes in your motel room because many clubs won't allow rehearsals. You can even learn new material by rehearsing through headphones. The one problem with rehearsing at low volume is, the drummer will need to improvise a drum set, play pads, or an electronic kit.

During each step of the rehearsal, record and listen to playbacks. Usually, if someone's playing a part incorrectly, the musician will hear the mistake on the recording before the mistake needs to be corrected by another band member.

Keep recordings of the band playing the entire repertoire. As you learn new tunes, add them to the collection. Keep an accurate record of the date of each recording and where the sound file can be found. It's best to keep this record as a word document and the recordings as a collection of audio files on your computer. As you learn cover material keep copies of the original versions. One reason for this is, when a band member quits or must be replaced, new members will be able to learn the band's material from these recordings. Nothing discourages a band quite so much as having to teach a new member old material. A band must always move forward and two or three weeks of going over the old stuff can drive everyone crazy. New members can learn the material from recordings while the rest of the band continues learning new stuff.

Showcase the band

After your group has learned about ten songs you should begin showcasing the band. This can mean playing at friend's private parties or setting up a gig somewhere featuring two or three other bands. It is important to remember that you must be as professional at these showcase events as when you're playing on the club circuit. First impressions are important; these opinions are difficult to change. If people get the wrong impression of your band, they probably won't give the group a second chance. When they hear your band's name in the future, they'll still say negative things about the group. For this reason, it may be a good idea to play these first few gigs before finalizing the band's name.

How to choose a band name

I'm not going to spend much time on how to name a band because I don't believe that a band's name is critical. After a band becomes successful, regardless of what you call the group, it will sound like a good name. Until then, it's just a name. I mean, are these really good names: Pink Floyd, The Goo Goo Dolls, Alice in Chains, or The Beatles?

My first band's name was Buck Run. Yes, pretty bad. I had nothing to do with choosing the name and went along with the selection only because it was way better than the second choice - Abe Lincoln's Cabin. Buck Run sounds ridiculous partly because we weren't successful... and partly because we weren't a country band.

Before you name the band Turbulent Overload, for example, look around the Internet to see how many other Turbulent Overload bands there are. You must find a name that doesn't seem to be in use. The next step is to file a legal document to DBA (do business as) a fictitious name. You can learn about this process at your local city hall. If you later find that someone else is using the name PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Turbulent Overload the DBA document will be proof that you were using it first. Plus establishing a DBA is the first step in creating a business entity - you can do things like open a checking account in the name of the band. That might not seem important until you receive a check made out to Turbulent Overload and wonder how you're going to cash the thing.

How to choose a booking agent

When you begin getting positive response from showcase appearances, it's time to invite booking agents to take a look at your band. Although you may book your first few gigs independently, eventually all of your work will be secured through a booking agency. They'll take from ten to twenty percent of the gross receipts from each performance. When choosing a booking agent it's normally better to be with a small agency that loves you than a large agency that doesn't give you adequate attention. All agencies have favorite bands that get the "lion's share" of work. If you sincerely believe that you're capable of becoming a large agency's best band, it will probably be in your best interest to sign with the agency. On the other hand, if you opt to sign with a small agency, be sure that they're aggressively finding work for clients. Since small independent agencies often work without an exclusive employment agreement this might be the best place to get started.

When you sign with an agency it is usually a multi-year deal. A mistake here has the potential to not only ruin your band but may also damage your music career because you sign as both a group and as individuals. This means that the agency has an exclusive employment contract with you as an individual even if you no longer play with the group. When it's time to sign an employment agreement with the agency, have an attorney approve the contract before signing.

A band-agent relationship is a strange one. Technically the agent works for you but it's almost as if you're paying the agent to be your boss. If an agent offers criticism, you should seriously consider the message. If the agent constantly makes suggestions that you aren't willing to follow, you're with the wrong agent.

Making it work

 Mutual goals: Everyone in the band must agree on the outcome that you're expecting from this collaboration.  Personal relationships: (lovers, spouses, family, etc.) These relationships can be such a high priority for some members that it becomes difficult to find enough time to accomplish the band's mutual goals.  Interpersonal relationships: Do band members get along? Make it a point to regularly spend social time with each member alone. It will give you both an opportunity to discuss mutual concerns and ideas.  Drug abuse and alcohol abuse: Negatively affects performance, reliability, mood, and motivation.  Musical satisfaction: Members must enjoy the same type of music and appreciate each other's musical contribution.  Level of musical accomplishment: Members should progress at a somewhat equal pace. Otherwise, someone's not going to continue with the program.  Financial Reward: The group must make enough money to support the needs of all members. If everyone has a full-time job and is performing with the group as a hobby, members don't need to make a cent. On the other hand, if some members are trying to support a family on the band's income, money is extremely important. Everyone must be on the same page.  For professional groups, a good agent: You can't survive without work.

The keys to success PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Here are a few things that can keep your band happy. Have organized group meetings every couple of weeks. Take notes and run each meeting in a professional manner. Constantly learn new material, even when it doesn't seem necessary; this will keep the group fresh and keep your performances from turning into boring routines. Most of all have fun. That's why you started the band in the first place.

 Music Publishing

The business of music publishing is concerned with developing, protecting and valuing music. The business is diverse and demands a variety of skills. Music publishers play a vital role in the development of new music and in taking care of the business side, allowing composers and songwriters to concentrate on their creative work.

The role of a music publisher involves:

 Finding new and talented songwriters and composers and encouraging and supporting them as they develop their skills, whether through helping with their living expenses, providing them with the facilities they need to produce music or offering advice and guidance in writing for particular markets  Securing commissions for new works and helping to coordinate work flow  Registering the works of songwriters and composers with all appropriate collecting societies and agencies, eg PRS for Music in the UK, and COSON in Nigeria.  Producing demo recordings and, in the case of contemporary classical music, performance materials (score and parts etc);  Producing and licensing the production of printed music  Producing promotional materials, including sampler CDs, study scores, brochures etc  Promoting composers and songwriters and their music to performers, broadcasters, record companies and others who use music on a commercial basis, both nationally and internationally  Licensing the use of music, whether directly in the case of individual and special usages (eg synchronisation deals) or via the collecting society network  Responding to new licensing opportunities that flow from technological developments  Monitoring and tracking the use of the music they own and ensuring that proper payment is made for all licensed uses  Making royalty payments to songwriters and composers in respect of the usage of their music  Taking appropriate action against anyone using music without the necessary license

Music publishing and copyright

The business of music publishing is dependent upon there being a strong copyright framework in place. The control of copyright enables a publisher to recover the investment made in songwriters and composers and to ensure that they are rewarded for their creative work. Without copyright there would be no financial incentive for writers and composers to create, or for music publishers to invest in them and their music. This would be to the detriment of composers and writers who depend upon publishers to manage the business of exploiting their musical works, thus enabling them to make a living out of their creativity. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Partnership with writers

Successful songwriters and composers have a relationship with a publishing company defined by a publishing contract. The publisher agrees to see to it that the composers receive royalties from various uses of their compositions. They also provide substantial advances against future income. In return, the publishing company receives a percentage, which can be as high as 50% and varies for different kinds of royalties.

The control of copyright enables a publisher to recover the investment made in songwriters and composers and to ensure that they are rewarded for their creative work. The relationship between a music publisher and a songwriter/composer is supported by a publishing contract setting out the rights and obligations of each to the other. Under these contracts songwriters and composers assign the copyright in their music to the music publisher in return for a commitment to promote, exploit and protect that music. The publisher agrees to pay the songwriter/composer a percentage of any income earned from such exploitation as royalties. Note that copyright can only be assigned in a written document that is signed by both parties.

The definition of a good publisher

A good publisher seeks out great music and great composers and songwriters, supports composers and songwriters in the creative process, promotes their catalogues across a variety of platforms, manages the business exploitation of the catalogues (including the registration of works and the collection and onward payment of all due royalties) and generally seeks to protect and enhance the value of their works with passion and professional commitment.

 The Business of Live Performance

Live performance is glamorous and exciting. But performers often forget that club owners have a different perspective on music than musicians do. For venues, it's business, a very serious business, fraught with risk and considerable competition. The question for you to keep in mind when approaching the booker of a live venue is; why does this club book certain artists, and not others? What is the criteria to get a gig at this venue? The bottom line for club owners is they need to make a living at their profession, and the only way they can do that is to book acts that fill their club.

Artists who wish to get booked should have a list of their accomplishments to present to a booker. The booker needs to see your promotional kit. The promo kit contains a cover letter, a bio, a photo, a selection of press clips, possibly a Fact Sheet, and, of course, a CD (CDR) or tape of your music.

When sending a demo, always be sure to put contact information on the label, and the J-card or cover of the CDR, (as well as every other part of the promo kit). Only three or four of your best songs should be on the demo. The demo for a club can be a live recording, unlike studio-produced recordings sent to radio station specialty shows. If you send a CD, mark three or four songs that are most appropriate for the venue.

Types of Venues

There are many kinds of live venues. Besides clubs, there are: bars, hotels, big eateries, conferences showcases, festivals, industry showcases, fairs non-profit, charity organization shows, concert halls, PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org association functions, schools, street jams, churches events, stores, house parties, shopping malls, restaurants, social events, etc.

How many more live music venues can you think of?

This is just a partial list; the point is for you to think about all the alternatives you have for playing your music in front of an audience. If you do well at non-traditional venues, the nightclubs may be more inclined to book you - especially when they know people have been coming to your shows in droves.

When dealing with venues, keep in mind that many have a business agenda that may determine whether or not you're qualified to perform at their venue. Each venue is out to achieve its mission or goal…get people to have a good time and drink a lot of refreshments, and/or eat a lot of food, or donate to some worthy cause. Your job is to convince them that your music will help them achieve their goal.

Artists who are just beginning to perform live have a tough time getting their first shows. You can't get a gig unless you've gotten other gigs, and you can't get other gigs until you get that first gig. So be it. Everyone has to start somewhere, and many artists frustrated by this situation have simply rented a space, gotten a permit, rented a sound system, and put on their own show. At least then they can say they have performed live.

Things to Think About

1. It's the job of the bookers to be aware of what new acts are causing a stir in their own backyard. It's also their job to listen to the demos that come in the mail by the dozens every week. This brings up the issue of protocol. Yes, there is an etiquette for all areas of music marketing, and the protocol for dealing with bookers is: mail the promo kit, wait a week to ten days, and then call the booker to ask for their response to your kit. Believe it or not, politeness and respect are fairly uncommon virtues in the music business. Make sure not to interrupt meetings. Ask the person if now is a good time for them to talk. If they request a call back, do so at the time requested.

2. Artists and bands that think they're ready for prime time may not be. It's a good idea to have at least two or three hours of prepared material that can be performed live. If you have only half-an-hour or an hour of songs, the clubs will not likely be interested in booking you. Different clubs have different needs. Some offer special nights for open mikes, or showcases for unproved acts. Be sure to check the booking policy of each venue.

3. It's a good policy to not be too picky about what venues to play. The more resistant venues may become friendlier if your act is out in the local scene and your name is listed on radio station concert calendars and print media calendars. The venue bookers check out their competition. If you're out there playing gigs, the bookers will eventually take notice. That's part of their job. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

4. Once a venue books you, they add you to their schedule and include you in their press releases, calendars, posters and flyers. This doesn't mean that you should leave the promotion of the concert to the venues. On the contrary, you should notify your fans with a mailing notice, print up your own posters and flyers, and promote your shows in any creative way you can think of.

Performance Contracts

1. The music business is very fond of contracts. The record, publishing, merchandising, and management sides of the industry are contract driven. In the performance arena, there are indeed contracts, but in the beginning they are more of the handshake or verbal variety. When your act gets more established, you can rest assured that the written contract will be around. This doesn't mean that a `

2. The verbal contract between a club and an artist may simply be an agreement that the artist will perform on a certain date, at a certain time, for an agreed upon length of time, with what specific other act, and how much will be paid. Many venues require some kind of written confirmation of a verbal agreement made over the phone. This is to the advantage of the artist anyway.

3. Without a doubt, the single most contested area is how the artist will be paid. The act may receive a flat fee, a straight percentage of the door or ticket sales, or a flat fee plus a percentage--where the artist receives a guaranteed fee plus a percentage of the door after the venue (or promoter) reaches a break-even point. Remember, the venue is concerned with making and not losing money, so the break-even point for a show is based on the costs of putting on the performance, which include promotion costs and any "guarantees" that may have been made to the artist for their performance.

Here's the information you'll need to complete a live performance contract: * Name of Purchaser or Buyer (Name of the Club Promoter): * Name of Artist : * Terms of the Deal: The deal you accepted and the amount of money you'll get paid.

Here are the four most common deals you will encounter:

Flat or Guarantee Example: N 50, 000

Versus Example: N 30, 000 versus 30% ticket (which ever is higher)

Plus Example: N 30, 000 plus 30% door PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Points/Split Example: 50/30/20 of Net

* Date of Event: * Set Length: *Deposit (if any): *Who will pay to whom, how much, and when: * Admission Fee (Ticket Price): *Capacity of the Venue:

* Act of Nature (Force Majeure): The force majeure (literally "superior force") clause is applied when there is an unexpected event that causes performance of the contract to become impossible; it releases one or both parties from their rights and obligations.

*Cancellation Fees; * Recording by Permission Only:: *Promotional Commitment: This, for instance, specifies the minimum amount of money you, the band, expect the club to invest in advertising the show. *Merchandise: How much the club takes from the gross of merchandise sold.

Do's and Don't's for Dealing with Booking Issues:

Do's: 1. Research the venues you think are appropriate for your music. Read the local music papers and magazines and check out the venues in person.

2. Network or talk to other artists that have a similar style and ask them where they have played. 3. Put together eye-catching and creatively designed press kits. Always make sure that your contact number is on your CD or cassette J-card and labels.

4. Doing the mailings and making the follow-up phone calls can be tedious. If you've got more than one person in your group willing to help with booking, split up the grunt work for follow-up calls. 5. Write up a general cover letter to include with your press kit that answers some additional questions a booking agent will want to know; your style of music, what your draw is and whether you are looking for an opening spot or a headlining spot. What kind of guarantee or terms are you willing to accept, and most importantly what are you going to do to help promote your show. Will you send out mailers to your mailing list, put up posters, handbills, and buy any media print ads? PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

6. Send press kits out well in advance. Most venues want two to three weeks time to review your music before they will even talk about booking you.

7 .Always plan your bookings well in advance. Booking agents usually have their calendars full by the fifteenth for the next upcoming month. Also, touring acts will put "holds" on club calendars for two to three months in advance.

8. When doing follow-up calls always have your calendar in front of you. Most of the time you'll be leaving messages on answering machines. Make notes of your phone calls and messages. When leaving messages be friendly and brief. These guys get hundreds of calls per week. State specifically what you're looking for.

9. Know that the bookers will be calling you only if you bring in crowds and the venue makes lots of money selling booze and other refreshments.

10. Don't give up. If your music is as good as you claim it is, and your audience continues to grow, that is the best news you can give any booker.

11. Calling back to a venue about once every two weeks is plenty and shows your interest and professionalism.

12. After you get the details, write a letter to the venue (or fill out a contract) summarizing the details.

13. Start planning your own promotions early. Get posters up in the venue and elsewhere a couple of weeks before the show.

14. Get handbills distributed around the town. Hit your mailing list the week before. Call and remind your fans, and be sure to use the internet to promote your shows and send email reminders to your email list. 15. Network. Find other bands who are compatible with your music and trade shows with them. 16. Be patient about getting the hot gigs. It takes time to get those headline gigs on Saturday night. You will usually start out with a weeknight gig and work your way up to the headliner position if you draw large crowds. 17. Send thank you cards to the bookers after your first show, and after all significant shows thereafter.

Don't's:

1. Don't overbook yourself in the same area and spread your audience too thin. Move around. Three or four shows a month is plenty in one city when you're getting started.

3. Spread out slowly to other areas around your hometown. Then define your region, and work that circuit. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

3. Don't burn any bridges. You may encounter some conniving people in this business, but watch out what you say about anyone. It could come back to haunt you. 4. Remember the venue's priorities - to get a lot of people into their venue so they will make lots of money selling alcohol and food.

Selling Your Music At Live Shows

As far as a record label is concerned, the sole purpose of supporting an artist's tour is the strong possibility that sales of the artist's records will increase. For the independent musician then, the cardinal rule regarding sales at live shows is this: Never perform live without setting up a way to sell your CDs.

Selling your CDs is the ultimate goal of music marketing. All the activities that have been discussed, all the planning and coordination that a label puts into marketing a record have as their ultimate goal the sale of CDs. Live performance sales can provide you with the largest percentage of profit, per unit sold, than any other method of distribution or sales. Make the most of this opportunity, and never even think about doing a live show, without mentioning to the crowd that your music is for sale at the venue.

The income you receive from your live sales can help pay for any expenses you may encounter while being on the road. In many cases the amount of money you receive from live sales of your CDs will be much higher than any performance fees you may receive.

Most live venues allow performers to sell their music releases. Some may ask for a percentage of sales (from 10-30%), but most smaller size venues just let musicians sell their merchandise without taking any percentage of sales. So, sell your CDs, Tapes, Vinyl releases and any other paraphernalia you may have, like T-shirts, caps, and other clothing with your logo on them.

Be sure to have a mailing list available for your fans to sign. This is really Marketing 101 when it comes to taking advantage of a fan's enthusiasm. There is no better time to catch the emotional high of a music fan than at the moment of their peak excitement.

It is also a good idea for every member of a group to spend some time hanging out at the sales table. Fans like to have autographs, and what better opportunity to offer this gift to your fans than when you have them waiting around to buy your music.

Keep accurate records of each transaction. If you have a laptop computer create a spreadsheet to keep track of your music product. If not, get a receipt book and write up each sale separately. Remember, you are making money from each sale, and like every other tax paying citizen you need to report your income from sales to any relevant local, state, or federal agencies.

 The New Face of Music Piracy PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Music piracy is the copying and distributing of copies of a piece of music for which the composer, recording artist, or copyright-holding record company did not give consent. It is a form of copyright infringement, which is a civil offense and, under certain circumstances, even a crime in many countries. Before the advent and popularity of digital technology, music piracy used to be in the brick and mortal form: recording from a playing tape for listening pleasure or duplicating a Vinyl, tape for personal or commercial use without owners‘ consent. Today piracy has taken a new dimension. Most of music piracy activities now take place through the internet and peer-to-peer (P2P) file sharing through mobile technologies.

While downloading one song may not feel that serious of a crime, the accumulative impact of millions of songs downloaded illegally – and without any compensation to all the people who helped to create that song and bring it to fans – is devastating. One credible study by the Institute for Policy Innovation pegs the annual harm at $12.5 billion dollars in losses to the U.S. economy as well as more than 70,000 lost jobs and $2 billion in lost wages to American workers

While it‘s clear by now that piracy has caused the music industry as a whole to lose a substantial amount of its revenue, it‘s important to examine the root of the behavior in order to fully understand piracy and the people who choose to participate.

Why Pirate in the First Place?

The word ―piracy‖ can mean different things to different of people - both consumers and content creators alike. To some, piracy is and always has been an immoral behavior that must be dealt with in order to restore the balance to an ailing music industry. Yet to others, piracy is a welcomed distribution method that allows for music to be heard and shared across the world by millions of people.

Regardless of which side of the fence you‘re on, it's safe to argue that pirating music seems to be in response to both 1) a shift in consumer behavior and 2) an embrace of today's digital era.

In today‘s downturned economy, people are no longer as willing to pay for the things that they can just as easily get on their own. We are dining out less and cooking more, investing in maintenance and care items that allow our goods to last longer, dramatically cutting our spending budgets, opting more for public education, and so on.

As valuable as music is on a transcendental and emotional level, for our purposes here in this industry, music is a commodity. And in the end, digital music files are just that - data. Therefore it would seem counterintuitive for consumers to have to fork over their hard earned money when the methods of consuming and storing the product are equally the same had they paid for it or not. Imagine owning an orchard in your backyard, and then going down to the produce store to purchase apples. Doesn‘t quite make sense, does it?

This idea here is the same between, say, an iTunes purchase and a Pirate Bay download. The "barriers to consumption" are virtually the same:

Type --> Search --> Select --> DOWNLOAD --> Consume --> Store --> Repeat

To Embrace or Not to Embrace?

However, many artists are embracing the chaos of piracy and are no longer frowning upon their fans for doing so - in fact many are encouraging it. Lots of upcoming acts even encourage their fans to help share –invariably pirate - their music as a means of promo and publicity. PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

These artists showed love first by giving away their music to anyone who would listen to it, and the audience returned the favor by spreading the word, attending the concerts, and buying the merchandise.

Today‘s performing music artist needs to come to terms with the fact that their job requires them to be on the road quite a bit if they plan to build a sustainable career for themselves over the long haul. Nowadays, music sales and downloads are a means to an end. The point shouldn‘t be anymore to sell as much music as possible. The point should be to build an audience that respects, loves, and appreciates you to the point where there is a clear demand for you and the product… to reach critical mass.

With this in mind, piracy can be positively harnessed as catalyst a for organic and valuable word-of- mouth promotion for the artist, while catering to the mass consumers' economic position on the consumption and storage of their digital music files.

The Way Forward

No matter how big the potential benefits of the current trends in music piracy, it still has to be curbed significantly. And this will be the responsibility of all stakeholders – the government, record companies, ISPs, P2Ps, online distributors and even the consumers. Enforcing piracy laws however is very challenging. The Internet is simply too large for it to be possible to police the content of every site. Additionally, each country has slightly different piracy laws. To properly enforce copyright protections, you'd need to know what country the owner of the Web site distributing the material was from as well as the location of the person illegally downloading the content. Finding this information, tracking down all the parties involved, and waiting for the results of a lawsuit is typically too expensive and time consuming to be practical.

The solution to music piracy is also controversial. Many people are benefiting from free music and many people are suffering because of free music. Thus, these people have different opinions about the possible solutions to solving this problem. Many of the solutions they favor will benefit them, and not the others. There will be no solution to this problem unless the music industry and the consumers work together and compromise.

See if some of my recommendations below make sense to you:

Idea One

A compromise is definitely needed. The only logical solution is to license P2P services, like radio stations. (Montfort, Mathew). The music industry once looked at radio stations as pirates, until they became licensed. (Steele, Shari). I think that any website or service that allows access to download music should have to be licensed just like a radio station (the website makes money from advertising anyway). And since they make advertising money by how many people use their service (advertisers want their advertisements to be seen by a lot of people), they can pay the music industry a SMALL amount for each user that uses their service. There are a lot of file sharers, so only a small amount of money per user would be needed. The music industry would get paid, consumers would continue to get their free music, and P2P companies would make money just like the radio stations do, through advertising. And if any website or P2P service illegally distributes music without paying their fees, they are at fault, not the consumers. This is the only logical solution that will satisfy the music industry, consumers, and P2P companies.

Idea Two PROPERTY OF TENSTRINGS MUSIC INSTITUTE NIGERIA – www.tenstrings.org

Another possible solution is to add a small tax to Internet user‘s ISP bill and pay that money to artists and record companies. (Rainsford, Mariam). This sounds like it would be a great solution, but it would be unfair to the record companies because how much money they make will depend on how many people use the Internet. It is also unfair to people who use the Internet and don't download music, because they would have to be charged too. They could say they weren‘t going to download music with their Internet, but they could still find the songs and download them, avoiding the tax.

Idea 3

"The solution to P2P piracy" now being pushed everywhere that International Federation of the Phonographic Industry ( IFPI) members operate is a graduated response system in which alleged infringers receive non-judicial warnings through their ISPs, with perhaps some sanction to follow if the infringement continues. France has adopted such a system, as has South Korea. The UK has approved the notices, but no sanctions (yet). Other countries may follow suit.