SHOUT IT FROM THE ROOFTOPS! -3 ways small businesses, independent musicians, & entertainers can create a fan base through digital marketing, social media, & word-of-mouth

          Regardless of your specialty within the Entertainment Industry, the only way to be successful is if someone knows who you are and what you do. From small business owners , to party promoters  , to musicians …. you may create great products or services, but if no one knows about it, they will wind up gathering dust on a shelf somewhere. You may be the only one who RSVPs to your party, or sadly, the only person who will be listening to your music is your mother. So now what? How do we get things moving?

#1 Identify your target audience and broaden it with niche marketing

          You have got to get the word out. People love to support businesses, independent music and people that they believe in. Having a loyal and broad fan base is essential. No matter what your business, it is necessary to aim your marketing to a specific group of people who would have a natural interest in you work. This is your target audience.

           A prime example is with the group Turquoise Jeep.They gear their marketing, merchandise, and music to males ages 15-35 based on a void that they saw in the industry. They showcase their work on Youtube (a site most frequented by males in this age range), and they perform at music festivals such as FunFunFun Fest and South by Southwest .  Their merchandise is the college guys basic uniform — a t-shirt, and they sing and rap about subjects that are most important to that group in a comedic manner. They are also a bit controversial, which keeps fans talking. Although their music can appeal to a wide range of audiences, they have chosen this group as their main focus.

#2 Create a fan base by exposing your product to a receptive crowd online 

          Facebook, Twitter and your website  are great ways to keep your current customers informed about your brand, but make sure you keep all of these platforms updated and interactive. If people tweet about your product, share links on Facebook, and traffic is sent to your updated website as it appears higher in Google rankings, you are sure to gain more support.

          However, there is more to sharing music on the web than Facebook. Although a very valuable resource, this will only put your music in front of people you know, or who are already familiar with your music. To attract a new audience, give people a free sample of your music on great streaming websites like Spotify. Have your music included in the line up on Pandora. Pandora is such a  great resource since it selects music for the listener’s station based on similarities in musical characteristics and will place your music in front of someone who is open to something new. And certainly don’t forget about Reverbnation, which provides you with all the tools needed to promote , sell and share your music, tour dates, and merchandise alone – or in conjunction with social media sites like Facebook.

#3  Get personal

“ People already know about themselves, they want to know about you…. Just being a human, I think that is what is missing in music today, a lot of artists are… they are trying so hard to be something they’re not… and that’s what I am bringing back [humanity]”~Christian Monroe 

Meet Christian Monroe

          People want to know your story, they want to know how you got to where you are today. Whether you sold t-shirts out of the trunk of your car and turned that into a million dollar business like Johnny Cupcakes , or had the good fortune to be born into a musical family and then discovered by Clive Davis like Whitney Houston, to a pharmacist taking syrup, 125 years ago, and turning it into a drink with  household name like Coca-Cola. People want to connect with you, your past, your product, and thus will support your future.

Keeping Up with the Information Age

For years new artists have been told that if they work on their craft they will get discovered, get an amazing record deal, and that then the money will come pouring in. They are taught that success is not possible without having your hand held by the woolly mammoth that is the traditional record label and distribution channels. Do you know you can do it yourself and make just as much (if not more) money than with their help?  Its not enough to create great music, someone has to hear it, and someone has to buy it. In the Information Age that we are in, the best way for you to do it on your own is through the Internet.

In his free eBook The 20 Things You Must Know About Music Online, Andrew Dubber explains how to get your music into the hands of consumers. He believes that if you can understand and embrace these twenty ideas, you will be able to control the revenue your music creates. It’s all about marketing and promotion- but not in the ways that you are used to. Some of his tips include: not believing in the fantasy that industry uses to lure new artists, the power of giving away things for free in order to entice a customer into buying your music, getting people to like (and talk) about your product with authority, as well as being accessible, professional and ever present.

 One really good point he brings up is in the chapter about using your website as an environment where people connect with one another, rather than just a destination where people stop, look, and never return. (Chapter 6: Web 2.0). Another great section is Chapter 8 where Dubber talks about cross promoting and setting up your websites so that all roads lead back to your product. “Your online stuff is not a replacement for your offline stuff, and nor does it exist independently of it. Figure out how to make the two genuinely intersect.”

This book is so informative and he shares his information in a way that is simple, easy to understand, and relatable.  Download a copy and keep up with his blog and other strategies to stay relevant in the Information Age at his website www.newmusicstrategies.com

You can’t have it! It’s mine! ~ Copyright ownership and Collaboration

In the music industry, you will inevitably work with another party to create a product, whether it’s a band, a producer, or another songwriter. Sometimes the collaboration process is smooth and easy- you all get together in one place (typically someone’s basement in the middle of the night) and have an impromptu jam session. Everyone feels the same vibe and you decide to put pen to paper to create a hit, or better yet, you break out your nearest recording device and record a live session- just to have something to work with later.  Other times the process is a little more complicated- your label pairs you with a new producer or songwriter and you butt heads, or your bandmates disagree on the direction that your next album should take. Either way everything that happens after the creation of an original product can be complicated if the correct parameters aren’t set up first.

So now what? You all wrote a song and created a recording. Are they one and the same? Who owns the copyright? What happens when its time to sell this work? Who gets paid? According to Joy Butler in The Permission Seekers Guide Through the Legal Jungle, the rules are very clear. With every musical creation, whether by an individual or a group there are two distinct pieces that are copyrightable: The musical composition (lyrics melody etc.) that’s been written down and the sound recording. As a songwriter, you could own both: you wrote a complete song then went into the recording studio with your piano and guitar and created an awesome acoustic recording.

Or, it could go something like this: You wrote  (most of a song) and you need help finishing it. You bring it to a producer who creates a track for it and adds a bridge as well as tweaks the hook. At this point without a formal agreement, both of you own half. Now when royalties come pouring in, or someone comes to you with the amazing opportunity to   use this \recording as the soundtrack for a commercial, they have to get both of your permissions, even though in your mind the song is yours. You might say, “ That’s not fair! They didn’t write half of the song, just a line here and there! My voice is on the recording too! And now they have as much power, rights (and money) as I do?”

Can all of this be avoided, you ask? Yes. Although music is a creative process, get your business in order first. If you an your band get together and create a song, sit down right after and draw up an agreement as to who owns what, and what percentage. Oftentimes this agreement is called a split sheet. 

This way when it comes time to register your work for copyright, you have a plan in place. Everyone knows how much each party gets paid and for how long. The same type of agreement applies whether you are collaborating with a producer, band, another artist, or your best friend.

“Fair Use” and other legal mumbo jumbo

       Sometimes the minutiae of the music industry can be overwhelming. In my interview with Entertainment Attorney Ken Franklin, we discuss his entry into Entertainment Law and common issues and misconceptions throughout the industry. He also gives us some great advice on finding legal counsel, avoiding infringement, contracts and staying informed.

Claudia MB: What prompted you to enter the legal field and why Entertainment?

Ken Franklin:

“I originally was interested in working in a legal or business capacity within a high tech company.  I have a science background (Georgia Tech, Physics, 2004) and had been very attracted to the technology commercialization process.  That led me to Emory’s JD/MBA program, which I completed in 2009.  During that program, I developed interests in a variety of other areas, and entertainment was in my “top 3” due to a life-long music hobby.  I was able to intern during law school for a few entertainment attorneys, and the interest solidified.  I find that entertainment law, particular in music (which is my main focus), is a fascinating “behind the scenes” type of field, where one can witness and engage in the immense work and legal issues that are the backbone of such an important (and fun) element of our society and culture.” 

CMB:  Seeking legal counsel is always a great idea when signing anything while working in the industry. Oftentimes when a business or artist is first starting out, it does not always fit into their initial budget. Can you tell us more about your work with Georgia Lawyers for the Arts and the services they provide?

KF: “I was a volunteer intern at Georgia Lawyers for the Arts for a semester.  It is a fantastic organization run by attorneys Lisa Moore (the Director, and Principal of The Moore Firm) and Elizabeth Wheeler.  GLA helps place entertainment clients with attorneys who can assist with a particular entertainment legal issue, and will sometimes take a client in-house.  If the client falls below a certain income threshold, GLA will try to place that client with an attorney who will be engaged on a pro-bono basis for a single matter.  During my internship, I assisted with this placement process, and also conducted legal research on certain music rights issues related to in-house matters.”

CMB: I am sure practicing in Atlanta, such a strong music city, you deal with many recording artists. Can you give our readers some examples of the most common types of cases (music or otherwise) to come across your desk?

KF: “I spend the majority of my time assisting another local firm (The Law Offices of Sandra L. Brown, P.C.) that represents recording artists and producers (including A-list talent), managers, songwriters, and independent record labels, production companies, and music publishers.  Most of my work involves drafting, reviewing and negotiating contracts that underlie the work these clients conduct in the music industry.  I am ofteninvolved with short- and long-form record deals, producer agreements, publishing agreements and management agreements.”

 CMB:  Intellectual Property issues involving copyright and trademark, such as infringement or what is considered fair use, are very regular occurrences throughout the industry. Would you agree that obtaining copyright reports, title reports and the use of disclaimers could help avoid possible infringement?  Can you give us a few examples of the most common situations that you have seen?

KF: “’Fair use’ is a complicated, fact-based and constantly evolving legal doctrine, so it is difficult and risky to assume you will be able to rely on it as an adequate defense if you are later sued.  As a general matter, in music/entertainment, you will almost always need permission to use/copy/display/distribute/etc. someone else’s work and trademarks.  If you are collaborating with others, having contracts in place that specify who owns the work/intellectual property is important and can help avoid disputes down the road.”

“Some examples of infringement cases I have seen:  copyright infringement claims, where an artist was accused of incorporating a previously-created composition (to which the artist allegedly had access) into that artist’s song; trademark and related issues where an artist’s name and image were used, without permission, by a business in its marketing materials.”

CMB: Contracts are a huge part of an artist’s career as well as for someone starting a business in Entertainment such as consulting. Can you give us some tips on some of the most common pitfalls that artists and small business owners fall into when reading and/or negotiating a contract? How can they be avoided?

KF: “Entertainment contracts, generally, involve very complex legal issues and are drafted with complicated language.  To be honest, the most common pitfalls I’ve seen involve situations where an artist signed a recording agreement or management agreement he/she thought they understood, without having it reviewed by an attorney with experience with those types of deals.  By skipping this critical step, it is very easy to give away rights, owe lots of money, and/or find yourself stuck in a long-term contract lasting several years.  I highly suggest always having a lawyer review a contract you are being asked to sign, and that lawyer should be an entertainment attorney with experience in the business.  One should at least consult with an attorney even if paying for one might be an issue, because for some types of deals, it is customary for one side to pay the other’s legal fees.  If a contract has already been signed, it is important to know what is in it to understand your rights and avoid breaches.  Hiring an attorney to review and provide a summary is good idea.”

“Further, the more you educate yourself about the business, the better.  There are several good books written for non-lawyers that explain music law concepts (like Don Passman’s All You Need To Know About The Music Business).  Books should not be a substitutefor an attorney when you are negotiating a contract, but being more informed about the issues and how these contracts generally work is always a good thing.”

CMB: Artist management agreements, producer agreements, licensing agreements, recording contracts, talent agreements, songwriter agreements, Artist/venue agreements, consulting agreements; there are so many different types of agreements that can be made over the course of a career in the entertainment industry. Once you have signed something, you often feel as if there is no way out. Is it possible to get out of any of these agreements without ruining a relationship and do you have any suggestions as to how to avoid accidental breaches of contract?

KF: “There are certainly instances when the parties to a contract decide they want to amicably go their separate ways, and they negotiate a release or some form of separation agreement.  Whether a relationship is “ruined” really would depend on the specific parties involved, the circumstances surrounding the relationship, and the type of contract it is.  Parties can always separate peacefully if they choose.  As for avoiding accidental breaches – it is important to understand what is in the contract – and that is where the attorney can help.  Also, if a contract is being negotiated, the attorney should consider incorporating a “cure” provision that allows parties a certain time period to fix an accidental breach after being notified of that breach.”

   

CMB: If the consequences of a breach of contract are not stated explicitly within the terms of an agreement what are the possible legal ramifications of abandoning an agreement?

KF: “Possible ramifications:  You get sued, you have to spend a lot of money to defend the lawsuit, you lose, and then you are forced by the court to comply with the contract and/or become responsible for paying heavy damages and the other side’s very high attorney’s fees.”

CMB: As an artist manager or an entertainment business consultant for instance, you are getting paid to give advice as well as guide someone else’s career. One possible way to protect yourself would be to obtain errors & omissions insurance. What are some other possible liabilities, such as misrepresentation, that they may face and how can they be prevented them from occurring?

KF: “ Breach of contract.  This can be avoided by having the contract reviewed by an entertainment attorney and understanding what it is you have to do and when per the terms of the contract. “

After speaking with Attorney Franklin, there are some great takeaways that we can all use to solidify our choices throughout the industry. 1. Don’t go it alone. Seeking legal counsel when signing any paperwork is the best way to ensure that you understand what you are singing as well as ensuring that a contract contains all of the things that you need in order to make a partnership mutually beneficial. 2. Although lawyers aren’t cheap, there is a way for artists on a budget to receive the assistance they need. 3. Don’t underestimate the seriousness of a contract; however, know that there are ways to get out of one without injuring your business. 4. When in doubt, get it in writing. You need permission to use anything that is not our original work. No matter how small the sample, or how seemingly common the image, you must always go to the original owner and receive written permission to use any outside works.

Kenneth Franklin is an Entertainment Attorney based in Atlanta, GA. He can be reached at:

191 Peachtree Street, Suite 3300

Atlanta, GA 30309

(404) 877-8246

(404) 963-7062

ken@franklinlawgroup.net

Hip-Hop vs. Blues, User vs. Provider, “Termageddon” * and other Copyright Issues Plaguing the World Today

“ It’s mine! Just admit it!”

In Gardner’s article (2011) about the case between Kanye West, Jay-Z and Syl Johnson, it’s all about the loopholes in the legal system regarding copyright.   Mr. Johnson created a sound recording of his work Different Strokes in 1972.  A sample of that song is supposedly included within the Watch the Throne album collaboration between Kanye West and Jay-Z. Johnson claims that he did not,at any time, give written permission for either artist to use any portion of his work on any project. He says that although it was requested for one of West’s earlier projects, that permission was not granted.  According to Gardner (2011), copyright law did not include sound recordings until after 1972; therefore Johnson’s work would not be protected under that law. This is a very tricky situation because Different Strokes is publicly known as Johnson’s work. Whether or not it was officially registered, shouldn’t he be given some legal protection? I think that this is a very valid argument since the author of the work is still alive and able to prove the similarities between the two projects. Whether they admit to using the sample or not, regardless of the projects, Johnson should at the very least be credited. But I suppose that is for the judge to decide.

Ignorance is Bliss

If one person infringes on a copyright by uploading unauthorized work to a website, is the provider liable? The Ninth Circuit Court of Appeals says, “yes”. Seems very cut and dry, no? Except when you read through the Digital Millennium Copyright Act. In his article about the lawsuit between Universal Music Group and the website Veoh, Gardner (2011) explains the minutiae of the act. Veoh, a video sharing site, falls under the safe harbor clauses of the act, which only makes them liable if they are aware of infringing items on their site. The clause also requires the owner of the work to notify the provider of the crime and require them to remove it before the site can become liable for knowledgeable infringement. (Gardner, 2011) These provisions put the responsibility solely on the part of the owner of the work to monitor their creations on the Internet rather than have a provider screen and research every item uploaded to their site. This court ruling is huge. Because of the safe harbor, the court rules that Veoh is in the clear and UMG doesn’t have a foot to stand on. They based their decision on the precedent set by the Sony Corp. of America v. Universal City Studios case, “which helped legitimize the VCR, and finds that so long as the product was ‘capable of substantial non-infringing uses’, the Supreme Court ‘refused to impute knowledge of infringement.’” (Gardner, 2011).  I believe that it is both parties’ responsibility to regulate work that is protected by copyright.  Providers could set up a screening process including a 24-hour wait time for approval before allowing a user's item to be visible on their site. The battle wages on as an appeal on a similar case is expected in the near future.

The end is near….

In the case between EMI and the J. Fred Coots estate, the issue is as iffy as a one-time use disposable camera. Coots, co-writer of the holiday classic Santa Claus is Coming To Town, motioned to terminate his publishing rights with publisher Leo Feist in 1981. After a couple of transfers of ownership, EMI became owners of Feist's company. After Coots’ death, his estate tried to reinstate the termination in 2004. Apparently songwriters have a one-time right to terminate a work only after it has been published for 35 years (Gardner, 2011), which the courts ruled, Coots had already done. His estate wants to deem that 1981 termination as “invalid and unenforceable and that the 2004 notice is in force. The plaintiff is also seeking compensatory damages.” In my opinion, this lawsuit is ridiculous. The estate is just looking to get money that they are not entitled to. If Coots motioned to terminate in writing back in 1981, then he exercised his right. I can see how the family would like to have a copy of a valid notice for their records; however, asking for compensation for everything that has occurred between 1981 and now is ludicrous.

References

1.  Gardner, E. (2011, December 19). Kanye West, Jay-Z respond to "watch the  

t            throne”illegal sampling lawsuit. Retrieved from 

             http://www.hollywoodreporter.com/thr-esq/jay-z-kanye-west-watch-throne-lawsuit-275270

2.  Gardner, E. (2011, December 20). Ninth circuit court of appeals makes

             landmark ruling in copyright case. Retrieved from

           http://www.hollywoodreporter.com/thr-esq/copyright-case-universal-music-veoh-275779

3.  *Gardner, E. (2011, December 21). Songwriter's estate wants control over

             'Santa Claus is comin' to town’. Retrieved from

          http://www.hollywoodreporter.com/thr-esq/songwriters-estate-wants-control-santa-275899

To Be or Not To Be? Are you READY for a Manager?

     As an Artist, one of the most difficult decisions to make are whether or not to self manage, or go out and find a manager. Do you look to family and friends, do you reach out to your network and find someone you don’t know in the industry and put your career in their hands? Before you freak out and buckle under the stress of making these choices, make sure that you are in fact ready for management at all.

     The purpose of a manager is to help guide a career that is already in motion. Key phrase: “that is already in motion”. Do not expect a manager to share their connections and help market and promote an artist that isn’t doing anything for themself. An artist’s first job is to perfect their craft. Of course you are always evolving and changing, however you must already be putting in the work. Your time should be spent practicing, writing music, in voice lessons, creating a stage show, and rehearsing with your band (if you’re a solo artist). The second portion of your time should be spent getting your music out to your circle of friends and building a fan base  through your social media connections, going out to local events, networking. You should live and breathe your craft.  Not sit back waiting for something to happen.

Case in point: ( This story is true. Names and places have been changed to protect the innocent)

Ken is a singer songwriter from the Deep South. He has been writing since he was small and went to a well-known university for music and proudly graduated with a bachelors in music business. He felt that he needed a change of scene in order to make it big in the industry, so he packed up all of his worldly goods into his car and moved to Nashville, a place where he thought the music industry would have a door wide open waiting for him.

After he arrived in Nashville, he thought, “ here’s my chance, I will get tons of gigs, and people will see me and I will get discovered because of my untrained, but tremendous talent.” Weeks went by and nothing. No gigs, no friends, no stardom. The only singing he did was in the shower and in the car on the way to his restaurant job.

One day Ken lucked out. At a local bar one night he started talking to Barbie. Barbie was a self-made local celebrity. She hosted parties all over Nashville, was an singer herself and had a good friend who was a songwriter who was looking for a front man for her band in order to shop her music to labels. After a quick conversation, it was decided, Ken would meet Jenny the songwriter and they would take it from there.

Jenny and Ken hit it off at first and it was quickly decided that Ken would join the band. Barbie needed live music for her parties so the band was immediately booked at most of Barbie’s monthly events. Jenny and Ken sat down and collaborated on many of the songs for the band. Barbie helped Ken create a fan base via social media and continued to connect Ken with everyone she knew in the industry. She also personally took Ken under her wing and styled him for performances. Basically Barbie took on the role of Ken’s temporary manager. For a while everything was good, until things changed.

Ken asked for styling advice from Barbie, but always ended up wearing anything he wanted on stage regardless of whether or not it was effective. Ken was grateful for Barbie’s help with social media, but never maintained the sites. He updated rarely, but when he did, it was always about what he had for lunch, where he got his hair cut, and other ordinary things. Even though he was working with great artists and getting booked at Barbie’s events, he never shared that with his social network and his fan base became stagnant. He stayed out late, drank a lot and never practiced, and never sought out vocal training. He begged his band mates to help him write accompaniment for his newly written lyrics and melodies, but criticized their every note. He also refused to learn how to read music, how to play enough guitar or piano to be able to write for himself even though they offered to teach him for free. He was consistently late for rehearsals and made every other portion of his life more important than the band. He was never “in the mood” to sing Jenny’s music, he was only fully engaged when the band played Kens music and Ken’s alone.

Soon Barbie stopped helping Ken because Ken wouldn’t help himself. Tension grew within the band and the band took a private vote and decided to look for a new front man who was as dedicated to music as they were. Ken was left out in the cold, removed from Nashville’s inner circle and left to fend for himself, having now burned bridges with all of the connections that he had made through Barbie, but never maintained.

     Ken was not ready for a manager of any kind. Ken was caught up in the “idea” of being a full time musician, but not the “reality” of the work involved. Managers want to see that you have put in all the work yourself in order to get where you are. The manager’s job is to lighten a load that has become unbearable as well as take you to the next level. They are not there to create a career from nothing; they are not there to work for someone who is doing nothing on their own. Moral of the story is: work hard. Study your craft. Research your industry and have a realistic goal in mind and at least an idea of a reasonable way to get there. The manager should help get you to the next level. When you have proven that you have taken yourself s far as it is possible to go through hard work and dedication, then you are ready for management. A manager will only work as hard for you as you will for yourself.

Do you have what it takes?: Barry Brandon pt 2.

   In the second part of our interview we continue to discuss Barry Brandon's many roles, especially as a promoter and artist manager and how he is able to use his stellar interpersonal skills  to create opportunities for all the people he works with.

Claudia MB: 

How do you deal with negative emotions while negotiating a deal or working with an artist? What if they lash out at you, if it becomes personal, or if it becomes a heated situation?

Barry Brandon:
"I don’t believe at any point, in public viewings…. that I have ever lashed out at someone in a disrespectful manner. That all happens behind closed doors. Not to say that we are disrespectful behind closed doors, but the communication within our team may get heated within ourselves. But I think its really important for the community, your artists fan base, your clientele depending on what job that you do…. that they never know any of that.  I’ve always said, ‘Perception is Reality’…that’s the bottom line. And if someone perceives something to be true, then it’s true…. So I think if you just acknowledge what anyone is saying at any given time, you respect it and you answer accordingly… you mean it from your heart, the truth will prevail."

CMB:

Sometimes emotions can play a huge part in how you interact with a client or a venue where you are putting on an event. You try to separate that, for example, you can sit down and work with someone that you don’t like [personally] and  create and agreement that works for both of you because you focus on the project or the problem, is that correct?

BB:

"I would say that I do that 85% of the time…. if it’s the right professional thing to do, I will do it. I will also argue that when it comes to 15% of people or places, I simply will not bring money to that person or business… It’s not a matter of making it publicly known why I would even entertain the idea of joining forces with that particular person, because no one needs to know that. Credibility is really important when.... you work for yourself. You are your brand and when you are your name, then you are responsible for your reputation, so credibility ultimately is all that matters."

                 

 

     As Barry Brandon has learned through his experience in the industry dealing with all types of people, It is important that each party is aware of what is expected of them in order to avoid conflict in the future. He has learned that you can work with anyone temporarily as long as your business activities are a good match, even if you personally clash. Ultimately he has learned that when you work for yourself, building and maintaining a good reputation is the best and only way to succeed in any aspect of the industry especially when you are representing an artist or an organization.

"It wasn’t until April of this year that I was introduced to Barry Brandon and the amazing Bedlam Presents crew. Never asking me to compromise personally or musically, they embraced me and quickly stepped forward to form a band. Members include songwriter JL Rodriguez on keys, Bobby Brandon on drums, Andrew Spring on bass and Jose Gabriel on guitar." ~ Jean Kelley  in her interview with Maximillian Corwell of David Magazine