Distribution Deals

A manufacturing and distribution deal refers to a kind of deal between a record label and music distributor, according to Heather McDonald, from about.com.  Under the deal the distributor pays for manufacturing of the album, and recoups the costs from sales.  Distribution deals are hard to come by. 

There are pros and cons to getting a deal, you can produce albums without any upfront cost, pay less for manufacturing, and the distributor are invested so they will work hard to get it into stores.  You cannot get any money until the distributor has recouped their money back.  Some radio stations will not play your music unless you have national distribution.  The best way to start getting you product out is to start selling your own products as an independent artist, you should be able to go to a distributor and show them what you have sold on your own, let them see your numbers of what you have sold.  If they could see that you are selling your product, it could give you a better chance with the distribution companies.  It is very hard to get a deal with a distribution company because they want to see how much sold. 

If you go with a record label, before you chose the record label you should check to see if the label has a solid distribution deal on a national level, according to a article on music biz academy.  Here are a few questions to consider:

•   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? 

http://www.musicbizacademy.com/knab/articles/recorddeal.htm

Having a distribution deal could make a major difference in your career as an independent artist.  It gives you the ability to be marketed nationally in stores.  A good site to start with if you are independent artist is cdbaby.com, they do charge a percentage of all sales, but they will get you on iTunes, and other stores.  Make sure you do research when looking for the best opportunities for your career it will benefit you through out your career as an artist.

http://www.cdbaby.com/

http://musicians.about.com/od/glossary/g/mandd.htm

Is it better to be an independent artist, or sign with a record label?

It really depends on the artist, because working as an independent artist you will need to work harder in both, creating your music and behind the scenes to get your music played.  No matter what you decide to do, you must have a large enough fan base so that your music is heard.  In today times, utilizing social networking is a great way to get your music heard, gain fans, and create a buzz in the industry.  Networking is one of the keys to success as an independent artist. 

An independent artist has the opportunity to keep more of his or her profit, versus an artist who signs with a label and only keeps a small percentage after everyone is paid.  A record label owns you and you are like an employee to them, you get paid according to their profits.  There are some advantages to signing with a well-established label, such as the label already has connections, major distribution, producers, etc. and they can give you large advancements money to help with other needs you may have to get you where you need to be in the industry.  It is becoming harder to get record deals these days because there are so many artists trying to make it.  There is so much competition today in the music industry; you have to bring something different and unique to be recognized or even considered.  The Internet has so much information for you to succeed as an independent artist.

I believe if you want to receive all the money you earn from your work as an artist, and you have the patience and the determination, you can make it as an independent artist, you are responsible for your success. You are your own boss, and mistakes will be made but you learn and keep moving forward.  The benefit of being successful is bringing in the revenue and keeping a larger chunk of it.

http://www.independentmusicadvice.com/2011/11/how-to-get-signed-the-best-way-to-get-a-record-deal/

http://getitdoneblog.net/2011/09/04/industry-tips-and-advice-should-i-stay-independent-or-sign-to-a-major-label/

http://www.musicbiztips.info/2011/08/should-you-stay-independent-artist.html

Industry Expert

Mathew Middleton:

Mathew Middleton a lawyer, who has been in the field for 14-years and he as been entertainment lawyer for in the music industry for the past 10 years. He is a high-powered, veteran entertainment attorney, of the Middleton Law Group.

Mathew Middleton has worked with entertainers such as DMX, Foxy Brown, Juwel Santana, Chris Brown, jagged edge, Fabulous, Shyne, Mario, and different athletes. 

Middleton states that writing, and creating content puts you ahead of the game in the industry.  He also states that its all about the copyright and intellectual property, because when you own publishing, and copyright, it gives you that ability to constantly receive income through other means, other than performing. Middleton says “Content is King”.  He also discussed the pros and cons of being an independent artist; having the resources to market, promote, publish, and write can benefit you more than being assigned to a label, because the record label and all parties need to get paid so your royalties will be very limited. 

His advice to others is Learn the business as much as you can by interning and getting the skills you need, and maintaining your integrity at all times.

Gordon Firemark:

He is a lawyer practicing in the field of entertainment and media law.  He is the author of a e-book called Podcast Guide and New Media Producers Survival Guide, because is says not many people can not afford to hire a lawyer on a retainer and this book could help in someone career of podcasting.

 Podcaster are owners of their work and they are not concerned about copyright infringement because that’s their original work.  When an author creates a work of authorship, once its recorded, written down, or placed on canvas and it’s their original work, it is automatically copyright material and it should be registered. If you are adding someone else work in your media, such as videos, or music you should get that information licensed to you so that you do not infringe on someone else work.  Podcaster should get their episodes registered so that the law of infringement covers them; the work can be bundled and protected for a small fee.  Show titles are not covered by copyright; you must trademark the name of the show to protect it. Firemark suggest getting royalty free music is something to consider when creating your podcast.

Firemark suggest if someone use your copyright work without permission, asking the person to take the information down will mostly likely work, if that doesn’t work you can send them a letter to cease and assist.   Podcasters should be mindful to get permission from the person that they are airing in their podcast, let the person know in advance what your intentions are to utilize their voice; getting them to sign a contract in advance would free you of any problems later.

John L. Welch

John L. Welch a lawyer at the firm of Lando & Anatasi, LLP, he is one of the top trademark lawyers in the country, he is a frequent author and speaker on trademark law issues. He discussed the Bose decision of the Court of appeals for the Federal Circuit and how it has affected trademark owners, practitioners, and USPTO.

Trademark registration is a valuable asset; it provides nationwide protection and constructive notice that allows the owner the right to use the registration symbol.  Bose committed fraud on the USPTO in renewing registration.  Bose initiated an opposition against Hexawave trademark.  Hexawave alleging, that Bose’s prior registered trademark the WAVE, was discontinued prior to them taking the wave trademark.  Bose’s committed frauds when they began using the wave mark again; after it was not re-registered with the USPTO.  The board ordered the cancellation of Bose’s WAVE mark registration in its entirety. 

When you have a trademark you must re-register the trademark if you want to keep you mark.  If another company takes on that trademark and it was not registered it becomes the trademark of the new company.  You can be sued if you continue using that trademark that was registered in some one else company.

http://www.youtube.com/watch?v=F8dm4GwZ62g

http://legaltalknetwork.com/?powerpress_pinw=7449-podcast

http://www.melinelegal.com/?tag=trademark

http://firemark.com/?powerpress_pinw=2505-podcast

Industry Liabilities

Pirate Bay is a Swedish based company, it is the largest torrent website in the world.  You can download music, movies, games, and much more.  Pirate Bay is under scrutiny for illegal piracy.  According to an article on torrentfreak.com, the co-founder of Pirate Bay is sentenced to serve time in jail.  The Stockholm District Court found three people guilty of contributory copyright infringement offenses.  Two of the men received one-year jail time and a fine of 1.1 million.  One of the defendants did not appear in court the day of sentences, they tried to contact him without success, the Judged ruled and handed down the verdict to him as well, do all three men had to pay millions of dollars in damages and jail time.  The men are taking the case to the Supreme Court; they are convinced that the final decision will be in there favor.

If the courts continue to monitor and convict people who commit piracy, preferably go after the websites that allow illegal sharing, I believe it will eliminate the crime eventually.  Piracy does not just damage the profits that the artist receives, but it takes money from all the team that worked on the project, producers, writers, musicians etc.  In reality, with technology today, you may stop it now but someone will come up with something new and creative to continue pirating others work.

LimeWire is hit with another lawsuit, according to an article that Jaikumar Vijayan wrote.  He said, “ Eight music publishers have sued LimeWire LLC of massive copyright infringement.”  RIAA is requesting that LimeWire be shut down.  The companies that are filing the lawsuit are members of the National Music publishers association (NMPA), EMI music Publishing, Sony/ATV Music Publishing Universal Music Publishing Group and Warner/ Chappell Music Inc.  According to the article, Copyright status provide for statutory damages up to $150,000 per violation. 

Like I previously stated, if they crack down on the websites that allows illegal sharing, it would be difficult for other to pirate music, and movies.  Copyright infringement is a very serious offense and shutting down these sites it just might bring some money back into the industry. 

http://www.computerworld.com/s/article/9178209/Music_industry_hits_LimeWire_with_yet_another_lawsuit

http://torrentfreak.com/jail-sentence-for-pirate-bay-co-founder-made-final-111014/

Networking in the music industry

The definition of networking is, a supportive system of sharing information and services among individuals and groups having a common interest.  Networking is the key to success in the music industry, most times its not what you know it is who you know in the business. 

The most effective way to get a artist music publicized, heard, distributed or a artist booked is through people.  Networking allows you to find people who can help your career in different areas.  Its best to find the areas that you are weak in and find the network and resources that can help you turn those weaknesses into strengths. 

According to Dalena Radabough of Entertainment online “the key to being successful in the music industry relies heavily on using the correct techniques to network yourself and/or your artist with the appropriate connections”.

No matter if you are a singer, band, or individual musician you need the help of other people to have a successful music career.  Even if you do everything yourself, you still need people to purchase your music, people to book you, and people to attend your events.

 Social networking is a important part in meeting new people, to get your music heard, from your friends and from friends of your friends and so on.  Facebook, MySpace, and Twitter are good sites to begin, uploading your music and posting videos to your site to get reviews from your friends is a great tactic as well.   When networking, try to be around people who work in your field, people with the same interest as you.   Find the centers of influence, Influential people often get that way because they are masters at networking. At any networking event or party they will be the ones with the most people around them. Get to know them, they can lead you to a lot of other people who might be important to your career.  You should always be in networking mode. 

http://www.entertainmentmanagementonline.com/vnews/display.v/ART/2003/12/19/3fcc348f2f077

http://dictionary.reference.com/browse/networking

Artist Management

Artist Managers are in charge of running the business side of an artist or band’s career, because the band or artist needs to concentrate on creating the music.  The artist manager, work in many areas i.e. the promoter, agent, accountant, any role that is necessary to help that artist/band’s career.  The artist manager ensure that the artist/band is booked and paid, helps to promote a project, get the proper people who will help to move an artist/band career.  When an artist manager has a new artist trying to get established in the business, you work extra hard because you play so many roles, you are trying to establish that artist/band career in the industry.  The artist manager is the mediator between the artist/band; they play a personal role or business role.  They may be involved in image development, acquiring record deals, hiring publicists, etc.  They help in all aspects of an artist/band career; their income is usually a percentage of an artist/band earnings. 

Depending on the level of the artist/band career, artist management can be strenuous and time consuming.  It requires networking and getting to know all the lead people in the industry.  As an artist manager you should make sure you have a contract signed with the band/artist to ensure that you receive your earnings, because in some cases different contracts are utilized for i.e. concerts, booking, etc.  When reviewing contracts, you should always utilize a professional in that area, such as a lawyer.  As an artist manager you can have more than one client, it is up to you to know what you can handle at once.

Interview with Robert “Big Bob” Crippen

I interviewed Robert “Big Bob” Crippen; he has worked in the entertainment industry for the past 20 years as a road manager, artist manager, promoting, and other jobs.  He is the CEO of “Higher Power Promotions” and he is currently working with a Spanish group called S.A.1 “Stand As One” as one of their managers.  Big Bob has worked with some of the best in the industry, people such as Jamie Fox, Keisha Cole, Jay’Z, names were flowing from his mouth I couldn’t keep up with them all. 

Mr. Crippen is also affiliated with Premier Luxury Rental, Inc., doing marketing and promotions, as well as assisting with driving actors, and artist to important events such as shows, parties, and interviews whatever is needed.  He is affiliated with many people in the industry, he has worked with some of the top DJ’s in the entertainment business located in or around Philadelphia, PA, Dj’s such as Golden Boy, Lady “B”, Doc B, Larry O, to name a few.  He has done work with legendary producers Kenny Huff and Leon Gamble, known as Gamble and Huff, who is best known for working with Billy Paul, O’Jays, Patti Labelle, and Teddy Pendergrass, to many to name.  Big Bob has promoted blockbuster movies in his assigned regional area, Philadelphia, PA, such as Tyler Perry movies,

Being affiliated with these different entities in the industry has brought recognition and clientele his way.  It has brought him to a status, in which different executives in the industry seeks him out.  But due to his illness, he has not been able to be as busy as in the past; but it has not stopped him. He says that each day brings new and exciting opportunities his way.  His main focus at this time is getting recognition for his new and upcoming group S.A.1. 

I have had the pleasure of meeting and networking with Mr. Crippen; I met him at one of the events he promoted back in 2007.  We have spoke on several occasions, and he is always willing to help me when I ask him for assistant with some of the artist that I have worked with, he gives me advice on some of my current projects as well as him giving me some of his contacts to work with.  He has introduced some important people to me, some who can help me along with my career.  He has went as far as contacting some of his people from New York, to give me the ins and outs to the business.  “Big Bob” as he likes to be called, has always told me “its not just what you know, its also who you know in the business”.  I appreciate the advice and the constructive criticism that he gives me.

http://www.gamble-huffmusic.com/home2/
http://www.facebook.com/S.A.1fanpage
http://www.premierluxuryrentals.net