March 2006 NEWSLETTER A n E n t e r t a i n m e n t I n d u s t r y O r g a n i z a t i o n DAVID SPEAKS: THE TROUBLE WITH GOLIATH Or, Why It's Cool To Be An Independent Publisher In A World Ruled By Giants Kevin Koloff Tonight's panel is entitled other hand, spent ten years at EMI. The President’s Corner "Return of the Foreign Independent And Olivieri was a DJ, songwriter and Sub-Publishers." Being a bit of a producer who hated the paperwork Dan Butler literalist (blame it on law school), I and the administration part, but even- read the title and asked myself, tually realized that somebody had to Our February meeting, “From Doo-Wop "Return from where? Where did do it -- so now that's what he does. To Hip-Hop” in honor of Black History they go?" Before I called our Despite their different pasts, Month, was a terrific evening. CCC Board moderator, Teri Nelson Carpenter, they're all, perhaps predictably, great members Cheryl Dickerson and James and got set straight -- the title is believers in the advantages of the in- Leach moderated a superstar panel simply a reference to the fact that dependent publisher. And all of them consisting of Rock and Roll Hall of Fame the CCC had a panel on indepen- are articulate, at times passionate, member George Clinton (“Parliament dents last year, and now they're defenders of the faith. Our topics of Funkadelic), Leon Ware (songwriter/re- back to update us -- I actually put discussion tended to fall into a few cording artist and writer/producer of the question to a few of the pane- categories: Marvin Gaye’s “I Want You” album), Har- lists. They didn't know exactly 1. The Majors Can't Handle the Pa- vey Scales (“Disco Lady”), recording ar- where they were coming back from perwork: This isn't a derogatory state- tist/songwriter Trevor Lawrence, Jr. and either, but I got some good specu- ment about the abilities of the people Verne Allison, Jr. of the Dells. These music lation about it, and in one or two who staff the big publishers; it's an greats from past and present discussed instances my stupid misunderstan- observation about the ratio of number how classic music from the doo-wop and ding led to some good discussion. of songs in the catalog to number of Motown eras continues to be integrated I spoke with Gino Olivieri of people working on them. Everyone I into today’s hip-hop sounds. George Clinton had the best line of the night, Premier Muzik International spoke to pointed out that recent cut- saying that if you want to predict the next (Canada), Olivier Meulenyzer of backs in personnel among the majors big trend in music to be embraced by Studio Paradiso (France), Chris have left them drowning in titles. Says young people, you need to listen for the Gough of Native Tongue Music Pub- Meulenyzer of the majors: "Depart- musical sounds that annoy their parents. lishing (Australia/New Zealand) and ments that were ten people are now Thanks to Cheryl, James and also Debbie Andy Budde of Budde Music, Inc. three people. They can't devote atten- Dumas for helping to put together such a (USA/Germany). I also correspon- tion to the titles." According to Budde, great panel. ded via e-mail with John Fogarty of titles at the majors often don't get Tonight’s meeting, “Return of the Fo- Minder Music Limited (UK). I asked properly registered in all the territo- reign Sub-Publishers,” hosted by past CCC all of them about the state of inde- ries, because the paperwork is just President Teri Nelson Carpenter, will bring pendent publishing, with a focus on too much for the reduced staff to us up-to-the-minute information about the the differences between the indies handle. state of international music publishing. and the majors. I asked them to Exacerbating this problem, of Our panel consists of musical experts who sell me, essentially, on the concept course, is the enormity of the catalogs are literally from around the globe. of signing with a smaller company carried by the majors. According to For their help in assembling this meaty instead of EMI, Warner/Chappell, Olivieri, majors often "can't find the issue of the accompanying newsletter for or any of the other behemoths on money" when your song is "one in a this topic, I would like to extend special the landscape. billion titles." And he emphasizes that thanks to editor and CCC Board Member Their backgrounds are varied. the work of administration can be Kevin Koloff, past CCC President Steve Wi- Budde grew up in the business, hard, and tedious. Royalty recovery, nogradsky, and John Fogarty of Minder first as a producer, then working for example, involves research and a Music for contributing informative and en- with his father's publishing compa- lot of forms, and "even a spelling error tertaining articles. All the best! ny; he's never worked for one of can cost you money." The indies, he the majors. Meulenyzer, on the says, work hard for their money, and can devote considerably more attention that the territories are not cross-colla- French are French first." Meaning that on a title-by-title basis. teralized (or, as we say in shorthand, if you're not a Frenchman/woman doing And it's Meulenyzer who thinks this "crossed"). If you sign a worldwide deal business with French productions, is what the panel's title is about: With with EMI, you may have a song that you're not likely to make much head- the recent staff reductions, the majors does big business in France, but never way in that territory. are going to stumble in their collections see royalties from that territory, since Further, says everyone I spoke to, and administration, setting the stage your worldwide advance has to be re- the size of the majors' catalogs means for the indies to rise in prominence. couped before you're paid anything. A that the advantage of TV/Film (It's not what Teri meant, of course, one-off deal in France, though, lets you placement is limited to a select few. "If but when I tell her about the theory, earn royalties despite the fact that the they have hundreds of thousands of she likes it.) song hasn't set Spain or Germany on songs, how will they do all their songs 2. Personal Attention: All of the fire. justice?" asks Fogarty. publishers I spoke to made a big deal Just as importantly, if you go with Gough has a particularly strong out of this. "If a writer is with an indies, "you get to pick the best person viewpoint here: his three-year-old pub- Independent it is likely that everyone in in each territory," says Budde. Fogarty lishing company is an outgrowth of a the company will know who he is," says is a bit more blunt: "Majors may argue twenty-year-old business, Mana Music Fogarty. He points out that with the that they have their own offices in each Productions, which supervises music for revolving-door personnel of many territory, but they may have a good film and TV in Australia and New majors, even if a writer establishes a operation in one territory but not so Zealand. When he's acting as a music relationship with someone at a big pub- good elsewhere." supervisor, and goes to the majors for lisher, that person may be gone the 5. Advances: Here, even the zeal- songs, "they don't come back with next time there's a merger/take- ous advocates of the indies have to ideas -- only the indies do. Indies are over/mass of layoffs (pick one). "We admit, the majors have the cash flow to proactive." (This is a common theme can pay a lot more attention to in- have an advantage. "However," says among the indies I spoke to, and not dividuals than the majors," agrees Fogarty, "majors may be under just in the area of film and TV Gough. pressure for market shares. They may placement.) According to Olivieri, many writers enter into 20 different situations paying Budde concurs: movies today, he have taken the lure of the big advance advances on the basis that if one hits says, are "filled with 60's, 70's and 80's (more on that later), signed up to a they will recoup the monies laid out on music. It's what the directors grew up major for a long term, then watched all the others. Independents will sign a with, they pick their own stuff." He while their only contact at the company lesser number of writers and on a very questions whether the placement was let go. Unless their songs catch on selective basis." In other words, there's departments in the majors do business fire immediately, without a friend on a price to pay for that big initial check: because they're being proactive, or if the inside, these writers are stuck with you're likely to get lost in the crowd, it's just because they have the hits the a company that doesn't care about written off as one of the losses the filmmakers want. And if a director them. company has to suffer to find the one wants a particular song, he (or the stu- Olivieri puts it another way: "A writer in 20 that's going to pay off big dio, or the clearance person) will come child can be taken care of by his mo- for them.