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Have you thought
about having your own independent record label? Home recording studios,
access to the Internet, and local distribution networks are making the
independent route more successful. In addition, major labels are now using
independent labels to break new acts. Once an independent label
establishes a good reputation and carries successful local acts, major
labels are more willing to negotiate fair deals with the artists because
of their proven success. Listed below are some of the main reasons why
artists do not try to establish their own labels. Hopefully, this article
will encourage you to do so, and give you the tools to create a
professional and successful product.
1. I don't have any money!
Maybe you don't, but
you must know someone who does! Music may be a life force for you, but to
almost everyone else, music is a business, so you will have to present
your desire to have a professional recording in business terms. Your
family, friends, etc. want you to succeed - so you can move out! If you're
serious about your music, create a proposal, short, sweet, and to the
point. Set out at least 5 different things you want to do with their
money.
a. Pay for
production costs.
b. Pay musicians.
c. Pay recording costs.
d. Pay for advertising.
e. Pay for distribution.
Do some research and
figure out what these things will cost. Billboard magazine's classified
section will give you an idea about costs for various services. These
prices are nationally competitive, but don't forget your local business
people! They may be able to provide you with more personalized service.
Having a local service person also enables you to keep an eye on progress.
It is hard to manage a production process across the country. You now have
a basis for a budget. Your investors will love it!
2. I don't have enough material.
Start out with a
single - 7", cassette, or 12". The DJs still play vinyl. You need a
product, and this is still the most economical way to put out your
product. There are not many companies that still work with vinyl. However,
Disc Makers (1-800-468-9353 or www2.discmakers.com), Europadisk, Ltd.
(212-266-4401), and Rainbo (310-829-3476 or www.rainbo.com), still do.
Their prices are reasonable, and the results are professional.
3. I don't have a steady gig.
This is a tough one.
But it is infinitely tougher to promote you and your band without a
product. A professional looking recording speaks to potential employers.
They realize that you are a serious business person, as well as a
musician.
4. I don't have distribution.
Unless you have
signed with a major label, you will have to use other methods to
distribute your recording. Independently owned music stores may be willing
to take your music on consignment. The independent record label for which
I do legal work, Ritual, Ltd., has been lucky to have major record stores
agree to carry its product. Ritual has been able to place its releases in
several independently owned record stores, as well as HMV and Tower
Records. You have to be willing to go out and make these connections, or
have someone else do it for you. It is a lot of work, but once you have
established the relationship, the next time you want them to carry your
product, you know what to do.
I would recommend
that you contact something like The Local Music Store (www.localmusicstore.com)
to see if you want to be affiliated with an online catalog distribution
organization. There is a nominal fee, but artists distributed through this
medium have an important opportunity to become acquainted with the
distribution side of the business.
You can also try to
get your music distributed through other independent labels. The music
publication, Pollstar, lists both major and independent labels. You may
want to contact some of them about your music. If you decide to distribute
under your own label, be sure to list your company with Pollstar.
5. I don't have an agent.
See the answer to
question one. Get friends, family, etc. to front for you. Make sure,
however, how you want to be known. If you are a writer, don't let your
sister talk to potential employers about how you've always been good on
the recorder. Specify the industry and area of musical expertise you want
them to concentrate on. If you want commercial work, don't send someone
out to promote you at clubs.
6. Don't have a manager.
If you have access
to the Internet, make an inquiry. There are a lot of students willing to
try their hand in the music business. Otherwise, put up some ads at local
colleges and universities. Take your time when you finally make a decision
to hire a manager. You have to be able to trust this person with a
significant part of your career. Once you decide to hire a manager, make a
contract with him or her for a percentage of the business, or a flat rate.
Make this agreement very clear. If possible, have an attorney draw up a
contract for you. If you can afford an expensive manager - go for it. If
not, find someone who is enthusiastic about you and your music.
8. I don't have recording equipment
Home recording is
becoming more an more popular, and equipment quality is more professional.
If you can't afford to buy the latest equipment, or if there is a
particular sound you want, try to get spec time in a studio. You may want
to make arrangements to record during off hours. You can offer to sit in
on a session for one of the studio owners' personal recordings. If you
know the equipment, offer to barter your expertise for recording time.
9. My music is not copyrighted
If the music is
original and fixed (that is, recorded, printed, etc.) on a tape, on a
printed score, etc., then it will be covered by copyright laws, both in
the United States and in most foreign countries. For the best protection,
however, you should register the music with the U.S. Copyright office.
Call 202-707-9100 and ask for Circular 56a (copyright registration of
musical compositions and sound recordings), Circular 1 (copyright basics),
and forms PA (to register register a song or other musical composition)
and SR (to register a sound recording). It is much easier to prove that
you created and own the work if the government has a copy of it, and you
have a certificate of registration. As of this date, (October 17, 1997) it
only costs $20.00 for each work.
10. I don't have an agreement with
any music licensing organization.
If you want your
music on the air and you want someone to collect publishing royalties,
etc., you need to get together with ASCAP, BMI, or SESAC. Otherwise, you
must be willing to negotiate separate licensing agreements with each and
every radio station that plays your song. Again, copyright registration is
a must for these organizations in order for them to track and verify
ownership of your works. ASCAP only asks you to pay for membership as a
musician, if they actually collect fees for you. If you publish on your
own, they charge an annual fee.
Wasn't that easy?
When you take that first step, a whole new world opens up to you - it's
quite an accomplishment to get a product off the ground - and no one can
take that away from you.
Resources:
1. Disc Makers
publishes a free handbook called "Guide to Independent Music Publicity."
Their number is 1-800-468-9353.
2. The CMJ New Music
Monthly has a publication which features a compilation CD of up and coming
artists. For a fee, you can request that your new recording be placed on
an upcoming release. Each contribution goes through a screening process
before they tell you whether or not the recording is suitable for their
monthly compilation. Ken Park is the marketing director. He can be reached
by e-mail (cmj@cmjmusic.com)
or by regular mail (CMJ New Music Monthly, 11 Middle Neck Road, Suite 400,
Great Neck, NY 11021-2301).
3. Want to put your
music online? The Internet Underground Music Archive (IUMA) will put up a
sound-bite, a description of your band, and a graphic display for about
$150.00 per song. They can be reached at:
http://www.iuma.com/IUMA/index.html. Jazz artists can put their music
online through the Jazzline. Their website is
http://www.jazzonln.com/Clients/JazzOnln. You can also send them
e-mail at
jazzonln@netcom.com.
4. Radio HK is a new
satellite radio station which can be accessed through the WWW. If you have
the necessary software, you can listen to music in real time on your
computer. Their website is:
http://www.hkweb.com/radio.
5. Licensing
organization addresses:
ASCAP
www.ascap.com
1 Lincoln Plaza
New York, NY 10023
212-621-6000
BMI
www.bmi.com
320 W. 57th Street
New York, NY 10019
212-586-2000
SESAC
156 W. 56th Street
New York, NY 10019
212-586-3450
6. You can request
copies of the Copyright forms listed above through the Internet in three
ways: 1) telnet locis.loc gov, 2) gopher marvel.loc.gov, or 3) WWW
http://lcweb.loc.govcopyright.
1997, Cynthia M.
Gayton, Law Office of Cynthia M. Gayton
If you want to copy
this article, but don't want to pay a licensing fee, please ask
permission.
Thanks.
Cynthia M. Gayton
is an attorney based in Arlington, Virginia. Her practice concentrates on
intellectual property law and small business organization. She has drafted
contracts, participated in artist negotiations, and filed Copyright
applications in the entertainment and computer fields for several years.
In addition, she has written articles for Portfolio, a newsletter
sponsored by the Washington Area Lawyers for the Arts (for which she is
now a volunteer attorney), and won first place on behalf of The George
Mason University School of Law for the 1993 Nathan Burkan competition
sponsored by ASCAP. She is a graduate of The George Washington University
and received her Juris Doctor degree from The George Mason University
School of Law.
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