Focus on the Music!

Ever since I was in high school my best friend and I have wanted to start a record label. We’ve always had ideas for how the music industry should be and were drawn to certain artists that would fit into our perfect label.  (Even though sometimes our tastes in music clash.) We recently had a conversation about starting a label because in our opinion, some of the new artists (specifically hip-hop) are, to put it simply, just not good. It just seems very effortless and like new rappers and the labels that sign them are just out for a one hit song that is usually catchy and commercial. These artists never usually stick around the industry very long, coincidence?

Focusing on money and quick fame is not our priority. It’s the music. David J. Spangenberg aka “Professor Pooch,” author, understands. On Music Think Tank Spangenberg has over 45 years in the music industry and under his main criteria he listed “grrreat songs that grab you and take you away to another land...that has always been, and always will be #1 in my book!!!” YES! I think that is what GREAT music should do. Music that when you hear it 10 years from now, still gives you the same feeling.

As an independent label competing with major labels, it is really crucial to focus on seeking and signing talent that will last and not just one whose success is based on a current trend. Often, indie labels don’t have the finances and resources that the major labels have so they can’t keep running through a roster of artists to keep up based on trends. A great piece of advice from Fortune sums up this idea. “By prioritizing lasting talent over pure marketability – shooting for singles and doubles instead of home runs – indies have organically increased their profits. I believe that if you focus on the music, the money will come.

Principal Big Sean?!

A lesson I’ve learned throughout the

years is that when you are blessed, it is important to bless others. That’s why I appreciate and admire when celebrities are giving back and performing charitable acts, using their celebrity for good.

Recently, one of my favorite rappers, Big Sean, who is signed to Kanye West’s G.O.O.D. label, took over a high school in his hometown of Detroit, MI and became “Celebrity Principal for a Day.”  The school, Bates Academy, had a lot of happy students on Thursday, June 12.

One of the activities Big Sean engaged in while principal for a day was recognizing students who had improved their attendance and who had won other school challenges. According to The Source, Big Sean expressed his thoughts on the experience, “It’s just cool to come back and just see the kids so excited and it all be for a good cause.” The students greeted him with signs and a cheer dedicated to the rapper. Big Sean also freestyled for the students, showing off his rap skills.

At one point during his time as principal, Big Sean, along with TV personality Sway, conducted a Q&A session with the students. One student asked about the best way to study and Big Sean answered with this hilarious advice,  “The best way to study is with your homies. If you got some dumb friends, don’t study with them.” How can you argue with that logic?

Rap-Up mentions that this is not the first time that Big Sean has served as “Principal for a Day.” He surprised students in 2012 at Lincoln High School, located in Detroit as well.

Big Sean founded a charity in 2012 called the Sean Anderson Foundation. The foundation is based out of Detroit as well and ran by his mother, who accompanied him to Bates Academy. The foundation’s priority is to assist with disadvantaged youth. I have a lot of respect and love for Big Sean and I look forward to his next event!

Incorporating Advice into a Business Plan

I researched Dr. Steven Gedeon’s concepts and principles of a business plan. As an expert in the field, he recommended many helpful tips that would lead to a well-written and useful business plan. One piece of advice Dr. Gedeon gives is that entrepreneurs should keep the business plan short. The suggested length of the plan is 20-25 pages. While working on my own business plan, I have tried to get straight to the point in each section and give potential investors the bottom line so it would not be too long. Based on Dr. Gedeon’s advice, I eliminated part of the marketing plan because it was lengthy. Now the marketing plan tells readers explicitly how I plan to promote my business.

Dr. Gedeon also noted the importance of having an amazing team backing you. A good team has experience, resources, knowledge and a strong work ethic that would support the business plan and carry it out successfully. I agree with Dr. Gedeon’s advice and the team I have behind me will be chosen carefully. The TV show Shark Tank features a “shark tank” of investors who listen to established business ideas from people who are seeking investments to grow their business. The tank looks for good ideas that they think will be useful enough to make money but they also always ask questions about the investment seekers background and experience. It just makes so much sense!

Angelo Meneguzzi, another expert on business plans emphasized the importance of research when writing a business plan. There is no need to include everything you find but it is a great idea to be as knowledgeable as possible with what you’re trying to do. When investors ask you questions, you will be prepared with an answer because of thorough research.

The most important section is the financial section. Investors really want to know that they are getting a return on their investment. They want to see logical numbers that project a successful startup and two successful years following the first year. Besides the numbers, the summary of your idea is also very important because investors will want to determine if there is a need and a market for your business.

Writing a business plan can be difficult but there are many experts out there with great advice that can lead you in the right direction!

Concepts of Business Planning According to Dr. Steven Gedeon

While going through different business plan experts, I discover Dr. Steven Gedeon. Dr. Gedeon is a graduate of the Massachusetts Institute of Technology. He is an award-winning entrepreneur, public speaker and venture capitalist. Dr. Gedeon’s experience consists of negotiating, coaching, financing, and business planning. He currently is an Associate Professor of the largest entrepreneurship program in Canada at the Ted Rogers School of Management at Ryerson University.

As an expert when it comes to business planning, Dr. Gedeon has a great source of information concerning the insights of creating a business plan. According to questions he answered on the Central Business District’s website, a business plan is the most vital if you are trying to acquire investments and promote your own credibility and intelligence. Dr. Gedeon explains that you should keep it short and that few people will read more than 20-25 pages. When starting the business plan, it is good to clearly and succinctly write down what your idea. Then move on to who your customer is and why they care. If your ideas are clear and articulate, investors can assume that you are knowledgeable about the process and what you want, therefore they will be more trusting.

Dr. Gedeon believes that the first part of the plan that investors will look at is the executive summary, but the first that they will look at with scrutiny is the management team. The plan is only as good as having a great team to carry it out. According to Dr. Gedeon People will bet on the “A” team with a “B” plan before they will bet on the “B” team with an “A” plan. The next thing they will look at is the overall idea of the business. They want to think about if this idea will work long-term and is it even necessary. What are the components of this business that will make it customers want to use the product or service? Third is the financials.  According to the Sierra Invest Group blog, Dr. Gedeon believes that nobody will believe the numbers in the financial section and that you are never going to get them right anyway. However, you have to estimate the best you can and include as much detail as possible in the financials. Details and great estimates are important because they let investors know that you put serious thought and research into the business and it is a guide for what you should do when you don’t reach your projections.

The business plan writing advice provided by Dr. Gedeon is helpful to those who are not sure what is most important in the plan. Make sure you have the right team and research your financials if you strongly believe in your idea.

Music, Marketing & Musicians

As an artist it is important to make sure you are marketing your music, but as an independent artist, it is especially important. Your fans may just be local, or maybe you haven’t developed a following yet; either way, your marketing strategy should be well developed and thought of as an essential part of your plan to reach success.

If you are wondering where to start and what do as part of your marketing plan here are some tips from the Green Buzz Agency regarding music, marketing and musicians. 

1.     Define your brand: Is your branding clear and consistent? Make sure that who you are and what you are promoting correlate with each other. You don’t want to confuse people and make them wonder about whether or not you are genuine. You want to be clear, consistent and professional across all on and offline platforms. Define who you are and your intended target audience with as much detail as possible. You have to go to your fans and not expect them to come to you.

2.     Collect ‘currency”: Currency in the music industry is defined as email addresses, cell phone numbers and zip codes and collecting it whenever and wherever possible will give you a route to reach your fans.  Email is one of the most effective ways to reach your fans.  Fanbridge.com and mailchimp.com are two great sources for reaching your fans through a newsletter.

3.     Create a website: Having a website is a way to show your fans and potential fans that you have reached a level of success and professionalism. It shows that you are serious and will be your online site that you can control without just depending on social media. Provide links to all your online sites on each site.

4.     Prioritize quality over quantity: Connecting with fans on a personal basic should be your highest priority. Respond and interact with them whenever you can. This will help create loyalty from your fans.

5.    Be media ready: Have both digital and physical copies of your songs. While fans may prefer to download your music for its convenience, journalists may still prefer a physical copy. Soundcloud is a great sight for offering your music digitally.

6.    Don’t forget about offline marketing: Live performances and interacting with fans at shows are great ways to market your brand outside of the internet.

7.    Know your rights: Know the ways that you can earn money on and offline.

8.    Be creative, be personal: Asking your fans for their input in your creative process can be effective. It makes them feel like they are a part of your team and that they matter to you, creating a loyal fan base and word-of-mouth marketing.

There are so many musicians out there trying to get noticed and signed. You have to do everything you can to stand out and be ahead of the game, and that’s where music marketing comes in. Having good music also helps!

The Highly Anticipated Tupac Shakur Biopic

Courtesy of Fansided.com

If you are a fan of the late and very great rapper (like I am) then you were VERY happy to hear that filmmaker John Singleton will be writing, directing, and producing the biopic for Tupac. Finally! According to Rolling Stone Singleton is working on the screenplay and expects to start production this summer. Tupac was one of Singleton’s friends and wants to tell his story in a powerful way because he believes that it is important to our generation. The film will focus on Tupac’s rise to fame and lead to his murder back in 1996.

The one question on everyone’s mind in regards to the film is who will play Tupac? The actor of this lead role has not been casted yet. Many ideas about what actors should get this role has been speculated and fans of Tupac has been anxious to see who this actor will be. Yahoo released a list of their suggested actors that include Columbus Short, Michael B. Jordan, Brandon T. Jones, Chadwick Boseman, and Anthony Mackie. Out of their list, I would have to give it to Michael B. Jordan. I don’t think any of them look enough like Tupac, nor would they be able to capture his essence and demeanor. Mackie played Tupac in the Biggie biopic, Notorious and I was not impressed with his performance. I think that maybe they should just find a brand new, up and coming actor who could effectively play the role.

Tupac is still one of my favorite rappers today. His talents were beyond his lyrical skills. Tupac was a skilled actor, acting in movies that include Poetic Justice starring Janet Jackson, Juice, and Gang Related. He was involved in many philanthropic efforts like reaching out to a young dying who was a fan and putting together a benefit concert to help out a non-profit organization. He also wrote poetry. After his death, a book of poems titled The Rose That Grew From Concrete was released showcasing his handwritten version along with a typed version.

How to Find a Music Publisher

In my Entertainment & Media Publishing class, we have been discussing a lot about music publishers and agents. A music publisher’s job is to make sure that a song lives the longest, most financially prosperous life as possible. If you are a songwriter then you would want a music publisher, but how do you find a music publisher? Helen Austin, a music licensing veteran provided tips of how to find a music publisher on PassivePromotion.com.

Austin has done a vast amount of work from working with large instrumental libraries to Coca Cola ads. Today, she exclusively writes songs for pigFactory that are used in ads, on TV and in movies. Austin offers seven ideas of how to find a publisher that’s right for you.

1.     Is your music ready? You have to listen to your music from a critical perspective and really critique your music to decide if it is ready lyrically, melodically and when it comes to quality. A good way to do this is to add your music to a playlist with other successful songs from your genre and see if it blends in or sticks out. You can also ask someone who has never heard your music to see if they can pick your songs out from the crowd.

2.    Educate yourself! Learn as much as you an about the rules and regulations of music publishing. Don’t get to eager to sign with the first deal presented to you. There is a book called The New Songwriter’s Guide to Music Publishing by Randy Poe that provides the information necessary to prepare you for what you should know about the music publishing field.

3.    Google is your friend. If you’re looking for a publisher or want to know more about one that you found, use Google to research them. You have to process what you see in a critical way though. Don’t believe everything you read. Austin recommends Taxi as a great site for finding music publishers.

4.    Pick up the phone. If you find a publisher that you really want to work with, call them up and talk to them. Fifteen minutes on the phone with them will tell you if this relationship is worth pursuing or not. An actually phone conversation will do you more good than a text conversation via email.

5.    Use your gut. Follow your instincts. If you are in the midst of an agreement but something doesn’t feel right, listen to your inner voice. It’s better to wait than end up putting your music in the hands of the wrong person.

6.    One song, one publisher. Don’t sign the same song with multiple publishers. This is something music supervisors loathe. The result of not following this rule could get you blacklisted as a songwriter and your songs passed on. If your write multiple songs for multiple publishers, you can test the waters before you sign an exclusive contract.

7.    Find a lawyer. The last tip from Austin is to find a good music lawyer through recommendations. Even though this may seem expensive, it could save you money and heartache at the end of the day.

Even though finding a good music publisher may seem like a lot of hard work, if it’s something that you take seriously, then it is what must be done. Don’t cut corners or rush because you could  find yourself in a bad deal or legal situations that will hurt your career and cost you time and money.

iTunes or Pandora?

One of the upgrades that came with the iOS7 update for Apple iPhone/iPod users was the new iTunes Radio. Did you ever wonder how it compares to other music streaming services such as Pandora, YouTube, and iHeartRadio? Well I have the answer according to an NDP sampling of 328 users. The survey was published in an article on Hypebot.com.  According to the article, of the 328 users, 71% reported listening to Pandora in the last week, while only 15% had used iTunes. YouTube was used by 43%, iHeartRadio 23%, and Spotify, Slacker, and Rdio had only single digit usage by the group.

These results surprised me because I have used all of these streaming services. I would have expected iTunes and YouTube to have higher percentages. What the article does not take into consideration is how many of these 328 users have an Apple product that has the iOS7 update.

Both Pandora and iTunes Radio have their strengths and weaknesses. One of Pandora’s advantages is that it is available to more users, not just one ecosystem as with iTunes and Apple. Users may have also spent years customizing their Pandora stations to get them just right so there is no motivation to switch over. Pandora offers an ad free subscription version for users who don’t want to be pestered with commercials while iTunes does not. I used to use Pandora but I felt that its stations were way too broad. When I created a station from an artist, it would play artists not even close to the artist I chose. iTunes Radio is convenient for Apple users. It also allows you to quickly purchase a song that you like. You can also create a station from artists and songs in your iTunes library. The songs they play on the station are related to the artists and songs you chose to create a station from. The frustrating thing about iTunes Radio is that it plays a lot of the same songs across EVERY station. It also sometimes repeats the same song that you just heard.

Everyone has his or her favorite of these stations but I don’t think iTunes will be putting Pandora out of business anytime soon. My preference is to stick with my iTunes library but when I do want to hear something new, as an iPhone user, I conveniently go to iTunes Radio.

Knowing the Law in This Business

Getting tangled up in legal issues can be time consuming, costly, and just plain annoying. However, it is avoidable in most cases if you learn the legalities when you are doing business and follow those laws or legally binding contracts. In order to learn more about entertainment law, I researched and listened to four podcasts that discussed the entertainment industry and/or important laws and issues to be aware of.

The first podcast I listened to was “Musical Artist Management Contract Review.” It is part of a series titled The Music Law Podcast. This podcast discussed what to pay attention to when considering signing a contract that will enter you into a manager/artist relationship. The relationship between artist and manager was even compared to a marriage. Due to the seriousness and the high level of commitment required of both parties, it is important that you believe in and trust each other. The following are terms that will most likely be part of the contract:

·      Exclusivity: The artist cannot have anyone else service as his or her manager but the manager can have several artists as clients. Don’t be too worried about this if you are an artist because a manager having several clients is often a good sign of his or her abilities.

·      Term: Typically five-1 year periods that the manager has an option to extend at the end of each one year period. An artist can have his or her lawyer add a clause that lists expected performance objectives that the manager must meet each year and if these objectives aren’t met, then the artist has an option to not rollover the contract.

·      Duties: Make sure to include requirements of each party specifically and eliminate the unnecessary.

·      Compensation: Typically 10 to 25% of the artists’ gross income goes to the manager as compensation. Exclusions should be spelled out in details for things such as money from the label to the artist to pay for a video. The contract should also specifically mention how often manager will be paid. Every 30-90 days is common.

·      Power of Attorney Clause: Artist allows managers to sign contracts on his or her behalf. Artist should talk to lawyer in order to list detailed restrictions in this clause.

·      Sunset Clause: When the artist and manager’s relationship comes to an end, the Sunset Clause will determine how long and how much the manager will get paid for things that he or she helped artist to gain compensation for. The length of time and percentage is something that the two and their lawyers will have to agree on.

Another podcast I listened to from the same series is about Music Publishers and songwriters and the legal issues between the two. The podcast is titled “Music Law Publishing Part Two.” A Music Publisher’s job is to protect the interest of the songs and the songwriter by insuring the longest most profitable life for the song. He or she can typical approve or deny a request to use a song in any type of media, from advertising to print. The Business and Legal Affairs department handles drafting and negotiating of all music work licenses. Depending on the contract, the Music Publisher usually has the copyright rights of a song. A songwriter can seek to reduce the length of the publisher’s rights. It is typically 8 to 15 years that a publisher has the copyright rights before being transferred to the songwriter who can then reuse the song later. The transfer must be in writing to be legally recognized. Also included in a contract between the two are the share of the song and compensation.

From the Entertainment Law Update Podcast, I listened to their 43^rd episode “No copyright, Sherlock?” This podcast discusses copyright news around the country. In this episode they discussed a college football player, Sam Keller and how he an eight other players sued EA Sports for using their likeness in a college football video game without permission or compensation thus violating their right to publicity. EA could not pay the students because it violates the NCAA code stating that players cannot profit off playing sports. EA’s defense was that they didn’t violate the players’ rights to publicity because no names were used and based on the 1^st Amendment; there was nothing illegal about what they did. The 9^th Circuit Court of Appeals agreed with Keller ruling that the game didn’t go far enough from being transformative to constitute 1^st Amendment protection. Basically, they had guys playing football, with the same skin tone, stats, height, weight, position, and jersey number as the players. It would be different if they created a game that had all of these players in a Dancing With the Stars video game because that is not something that they have done.

The final podcast was a lecture given by Nina Ossanna concerning intellectual property. “Introduction to Intellectual Property” discussed patents, trademarks, and copyrights. Patents have limited life and full disclosure. They also have a strong, broad legal strength. Trademarks have a longer life but doesn’t’ protect the product. They have a strong, narrow breadth legal strength but are very dependent on the value of the company. Copyrights have a longer life, but narrow protection. They also have strong, narrow breadth legal strength but value is dependent on the market.

From the podcasts I viewed, I was able to learn more about the legal system and how it relates to entertainment business. I hope you are able to gain something too!

Music Meets Law

The music industry is based on creating art for listening. Most artists find themselves being inspired by other artists and that sometimes comes out in their work. There are also times when artists actually sample another artist’s work, whether it is music, visual art, or video art. Sampling from other artists must be handled very carefully in order to avoid lawsuits that could end in huge monetary payouts—I’m talking MILLIONS! There are so many cases when artists are sued for plagiarism or copyright infringement for not being careful or handling using someone else’s work in the proper manner. Plenty of times these artists deny that they have used the artist that’s suing work. The commonalities are usually very subtle or wouldn’t be easily recognized by fans and the public in general. I am going to discuss three different situations where artists were accused of violating intellectual property rights. Many times these cases are long and drawn out in court.

The first case involves R&B singer Trey Songz and his hit song “Bottoms Up,” featuring female rapper Nicki Minaj. Production company Doc Mob Records, along with iHip Hop Music and Passion, Pain and Pleasure album. They claim that they originally produced the track and that it was supposed to be “under their imprint.” Doc Mob later teamed up with Price and Beatz to further produce the track. Kodak was kind of an innocent bystander that was caught in the fire because they used the track in a campaign.

Derrick Price filed an $18 million lawsuit against Songz, his record label Atlantic Records, Kodak, producer Kane Beatz, and his manager Gee Robertson. The suit was filed in February of 2011. The lawsuit accuses Songz and his team of not giving Doc Mob credit for production of the track in the liner notes of Songz’s

More recently, rapper Kanye West was sued by former child start Ricky Spicer that alleges that West used his vocals without permission in his song “Bound 2” from his Yeezus album. The suit was filed December 23, 2013 in Manhattan Supreme Court. The vocals in question is allegedly from Spicer’s childhood soul group called the Ponderosa Twins Plus One and a track they recorded called “Bound.” Spicer demands that West either cease use of the vocals or pay him for using them. Also named in the lawsuit were West’s labels, Roc-A-Fella Records, Universal Music Group, Island Def Jam, and Rhino Entertainment. West and label have not made any statements regarding the lawsuit as of yet.

The final case involves rapper Jay-Z being sued over his Roc-A-Fella records logo. Clothing designer Dwayne Walker named Jay-Z and his team in a $7 million lawsuit accusing them of unpaid royalties because he claims to have created the Roc-A-Fella’s logo back in 1995. Walker doesn’t like the fact that the logo is signature and universal as pertaining to Roc-A-Fella and Jay-Z’s business. He feels that since he created the logo, he is entitled to royalties over the years. The suit was also filed in Manhattan Federal Court in July 12 of 2012.  Just one month prior to this suit, Jay-Z was also the defendant of another lawsuit accusing him of plagiarism. Author Patrick White claimed that Jay-Z stole “portions of his writing and then used it for his own memoir, “Decoded.”

I’ve discussed artists being sued for not crediting producers, using vocals without permission, unpaid royalties for a logo and plagiarism. When it comes to using something that you didn’t completely create yourself, it is better to go through ALL of the proper channels for rights and know what you are and are not allowed to use. It could save you millions.