What are your legal rights? What are music libraries anyway? And what are the deals they typically offer--and why? Read on.



YOUR LEGAL RIGHTS



When an original song idea is transformed into a "fixed" form (this can be your music and lyric recorded on a small hand-held recorder) a copyright is formed. In essence, as soon as you create a song, you create a copyright. It's that easy.



A copyright grants the author/owner an exclusive bundle of rights: the rights to re-produce, perform, distribute with the intent to sell, and create a "derivative" (i.e., a work based on the original song). If so desired, you could sit around creating copyrights for days only to lock them up in a drawer, never to be used. This would hardly be the most efficient way to spend your time, but it's your right!



When you create a copyright, you not only inherit the rights as the author and owner, but also the rights as the music publisher (that is, until you decide give-up these rights to another music publisher). I bet you didn't know that.



In fact, when you publish your music by making it available to the public by sale or other means, the monies taken in are traditionally divided into two separate and equal categories: the "writer's share" and the "publisher's share". So, if one dollar is earned, 50 cents goes to the writer (which is you), and 50 cents goes to the publisher (which is also you). If this sounds absolutely crazy, it gets crazier.



The publisher takes on the responsibilities of copyright ownership, which includes finding uses for your songs, collecting generated incomes, and paying the writer's their shares. It's like having dual personalities making good use of both sides of the brain; the right side or creative side is the writer, and the left side or analytical side is the music publisher--but there's still one brain!



But aren't there other professionals who can take on some of the publishing responsibilities for you like getting your songs placed? After all, this takes a lot of work.



Well, if you or your band has the right type of songs and recordings, music libraries just might be the type of company to help you.



WHAT ARE MUSIC LIBRARIES?



Music libraries are just like public libraries in your hometown. But rather than shelves of almost any book, most music libraries have almost every type of music (songs and instrumental tracks) imaginable: Latin, Jazz, Hip-hop, Hawaiian, New Age, Rock, Pop, and so much more. Artists and bands just like you supply a good portion of this music.



Advertising agencies, film directors, television supervisors, corporations, game companies, and other "music users" look to music libraries in hopes of finding "that perfect piece of music" for a specific job or need. Sometimes music libraries will even contract musicians under a "work for hire" condition to compose and produce--in as little as one day--exactly what the client needs. That's pretty impressive!



The happier the music library makes its clients, the stronger the level of trust. With trust--there comes referrals. And eventually, when a major network show like Lost is looking for a piece of music, they automatically turn to an established company like Associated Production Music, Magatrax, killer Tracks, or Opus1 Music Library.



Says the Vice President of Film and T.V. at a major music library in Los Angeles, "These reputations aren't built in day. They can take years." For the aspiring songwriter, solo artist, or band who wants to get ahead and get noticed, a few placements in a film or television show can get the ball rolling. A music library just might be the company that matches your music with the client--and everyone wins.



SO WHAT'S THE DEAL?



There are different deals for different people and situations.



Says another representative from a major music library, "Not all deals are the same, but most music libraries structure their deals 50/50."



This means that you retain your "writer's share" of a composition (or 50 percent of the earnings), and the music library takes over the "publisher's share" (the other 50 percent of the earnings).



The types of income you make could include up-front negotiated synchronization ("synch") fees (for the rights to synch music with visual images), and a master-use fee (for the rights to use the master recordings of a song). Furthermore, you could earn "back-end" performance royalties paid to you directly by your affiliated performing rights organization: ASCAP, BMI, SESAC (for the public performance of your compositions--in television and also in films aired in foreign territories--after your song has been broadcast.)



The music library could hold the "exclusive" right to license your songs for audio-visual uses for a term of one to five years, with the rights reverting back to you after the term. This means that during the term, you or another music library (or any company for that matter) cannot license the song for any audio-visual use specified in your contract. This is the type of deal that artists and bands are reluctant since their rights are somewhat tied up. But note you usually can use the song on your own CD and collect royalties from sales if such is negotiated.



Non-exclusive deals are also possible, meaning there are generally no limits to the licenses you generate.



These are the deals bands want to negotiate for. But in case you're wondering how two different companies can use the same song and collect its share of performance royalties from its affiliated PRO, music libraries have adapted the practice of "renaming" (yes I mean re-titling) your work to differentiate it from the placements you get. The song is exactly the same as the original since no melodic or lyric content is changed, but the library will nonetheless treat it as a "derivative" work of the original. It is this derivative work in which the library acquires its rights.



EVERYTHING COMES WITH A PRICE



If all this talk about percentages and giving up some publishing rights to a music library still has you a bit perturbed, the following points may offer some relief:



1) Music libraries are businesses just like any other. Their reputation, industry contacts, and time and effort used toward getting you placements comes at a premium--that is the right to license your songs and collect their share of royalties for the uses they get you.



2) Music libraries don't want to be put in direct competition with other music libraries that could be pitching your songs into the same T.V shows or films. Having the exclusive rights to license your music gives them more control from this happening.



3) Music libraries sustain their businesses significantly through licensing your songs and master recordings, and the performance royalties paid directly by its P.R.O(s). This in part serves as its incentive for pushing your songs.



SUMMING IT ALL UP: 50 PERCENT OF SOMETHING



Music libraries offer you the opportunity to get your music placed and to make a few bucks. The right placement in a TV commercial, film, movie trailer, and video game might even draw some attention toward your career as a solo artist or band and that big hit you have locked away in "your drawer."



One representative at a small but very successful boutique library offers these simple words of wisdom: "If you're a new artist who's having a difficult time getting your music heard, music libraries can offer you an outlet. Fifty percent of something is infinitely better than 100 percent of nothing."

And your non response is why were making it happen and Most of ya'll are lost.





I have the bluprint to Success....... Do YOU?

Thanks for sharing the knowledge. This can always be copied and saved for later use. There are a lot of people out there getting ripped off. Look how Beyonce is using folks song talking bout she is the writer. Very important for people to make sure they get credit for their music.

NATI BOY RECORDS V.P wrote:

And your non response is why were making it happen and Most of ya'll are lost.





I have the bluprint to Success....... Do YOU?

It's probably because people have to read the whole paragraph and THEN talk about it. (I haven't even finished yet) : (

MDR wrote:

I think you will find that nobody replies because you have obviously copy and pasted that from somewhere and there is too much to read.

I took it out of my notes... But how is something "To much " to read when it applies to your craft?



This is why WE stay winning and you.. well,

can anyone actually be botherd to read that?

must reading for all artists unfamiliar w/ the industry's m.o.

Underground wrote:

Thanks for sharing the knowledge. This can always be copied and saved for later use. There are a lot of people out there getting ripped off. Look how Beyonce is using folks song talking bout she is the writer. Very important for people to make sure they get credit for their music.

people think it is as easy as recording and putting it out.



THIS is Residual income. My man Bootsy( rock hall of famer) Is still getting 50k check a month from his Parliment/ Boosty Collins days!!



my man DEE( The Deele) just won a grammy for a Song he did for Mariah Carey.



She's the big name singing it... But who you think is getting the publishinf money? DEE



another instance... Kayo Roberson( The Deele) just recieved a pay out royalti cause The Game sampled their " Two Occasions" joint from the 80's

NATI BOY RECORDS V.P wrote:

MDR wrote:

I think you will find that nobody replies because you have obviously copy and pasted that from somewhere and there is too much to read.

I took it out of my notes... But how is something "To much " to read when it applies to your craft?



This is why WE stay winning and you.. well,

i read this and and copied it for future reference. its useful. i like what u guys r doin down in cincy. i been seein all the posts from all of u and your crew is set to make some waves. i havent seen anybody else on here from ohio that seems like they got a better shot.

william wrote:

can anyone actually be botherd to read that?

If they an artist.. It Behooves them to do so.

N.C.S.P. wrote:

NATI BOY RECORDS V.P wrote:

MDR wrote:

I think you will find that nobody replies because you have obviously copy and pasted that from somewhere and there is too much to read.

I took it out of my notes... But how is something "To much " to read when it applies to your craft?



This is why WE stay winning and you.. well,

i read this and and copied it for future reference. its useful. i like what u guys r doin down in cincy. i been seein all the posts from all of u and your crew is set to make some waves. i havent seen anybody else on here from ohio that seems like they got a better shot.

Man . We appreciate the feedback.... Always keep the knowledge. So you can refe back later.



Viral Music Marketing – Internet Success



Traditional radio airplay, standard brick and mortar distribution and being signed by a major record label are no longer the only means of getting your music noticed. Thanks to digital distribution and the massive appeal and easy access to the world wide web, unknown musical talent now has a chance at real success. Additionally the indie musician is not stuck with the costs of making an entire CD. They can make a single and post it on the net, gaining huge success from one song.



With a little know how and marketing sensibility any upstart musician or experienced musical act can now achieve success, great success in fact on their own. Recently, while a guest on the Sirius Satellite Radio Show The Good Life, I spoke with the host who told me that his two teenage boys get most of their music off the web and never listen to regular radio anymore.



Why? Because they can obtain music from acts they wouldn’t be allowed to listen to on traditional radio. They’re tired of the same old bands and singers being played over and over again. “Most don’t have any talent, they’re just showpieces.” This isn’t the first or the last time I’ve heard that statement from teenagers and adults alike.



For the indie artist who wants to reach a broader market (and you must have a good product) and receive more exposure for their product on the Internet, the first thing you need to do is market, guerrilla market and then market some more. How do you do that? There are many ways that I mention in my book, The Indie Guide to Music, Marketing and Money but here are a few simple suggestions:



JOIN MUSIC BOARD AND JOINT IN ON THE DISCUSSION. At the end of each of your posts make sure to put who you are and your website. Add something to the conversation, don’t spam. Write helpful hints and post them on the boards, etc. If the boards don’t allow tags but they do allow you to post your email address, make sure it’s something with your website at the end. Have a real email address but DON’T use your main email because it will be spammed. Something like mine: www.thinicemusic.com

Start networking at local musician meetings and songwriter / artists forums in your region. You can find them on the Internet. These meetings host artists such as yourself who get together on a regular basis to discuss the music scene and present their latest creations. It’s also a wonderful place to get the pulse on gigs you can join in on and new marketing ideas.



You know all that annoying spam snail mail you receive with pre-paid postage envelopes inside? Why not save the envelopes and put a little note inside that states since they were kind enough to share their information with you, you’re returning the favor. Also, with any bill or any correspondence you send out that’s official, include a one sheet or little card that has a blurb about you and your music (watch the weight; you don’t want to add more postage). Make sure to put your website on whatever material you have.



Start your own podcast and post it on all the podcast sites.



Why not send your music to different podcasts. Ask permission first. Send them to your site where they can hear a sample or two and if they are receptive to playing your music on their podcast, send it along. If they use your music in their podcast you may have gained new fans and sold more CDs.



The most important thing you can do is to play live. Go to Wal-Mart, Starbucks and other local shops and ask if you can put on a free concert there. Anywhere and any place that will let you play, do! Make sure to have a sign up sheet where people can sign up for your newsletter. Then create a newsletter and send it out once a month at the most. This is a form of “Buzz Marketing” also known as “Viral Marketing.” At the end of the letter make sure you include your webpage of course. Tell your fan base they can pass it along to whoever they want.



This is a very very tiny list of things you can do. The time for the indie musician is now. Take advantage of it!

The Hardest song U ever heard:
What are your legal rights? What are music libraries anyway? And what are the deals they typically offer--and why? Read on.



YOUR LEGAL RIGHTS



When an original song idea is transformed into a "fixed" form (this can be your music and lyric recorded on a small hand-held recorder) a copyright is formed. In essence, as soon as you create a song, you create a copyright. It's that easy.



A copyright grants the author/owner an exclusive bundle of rights: the rights to re-produce, perform, distribute with the intent to sell, and create a "derivative" (i.e., a work based on the original song). If so desired, you could sit around creating copyrights for days only to lock them up in a drawer, never to be used. This would hardly be the most efficient way to spend your time, but it's your right!



When you create a copyright, you not only inherit the rights as the author and owner, but also the rights as the music publisher (that is, until you decide give-up these rights to another music publisher). I bet you didn't know that.



In fact, when you publish your music by making it available to the public by sale or other means, the monies taken in are traditionally divided into two separate and equal categories: the "writer's share" and the "publisher's share". So, if one dollar is earned, 50 cents goes to the writer (which is you), and 50 cents goes to the publisher (which is also you). If this sounds absolutely crazy, it gets crazier.



The publisher takes on the responsibilities of copyright ownership, which includes finding uses for your songs, collecting generated incomes, and paying the writer's their shares. It's like having dual personalities making good use of both sides of the brain; the right side or creative side is the writer, and the left side or analytical side is the music publisher--but there's still one brain!



But aren't there other professionals who can take on some of the publishing responsibilities for you like getting your songs placed? After all, this takes a lot of work.



Well, if you or your band has the right type of songs and recordings, music libraries just might be the type of company to help you.



WHAT ARE MUSIC LIBRARIES?



Music libraries are just like public libraries in your hometown. But rather than shelves of almost any book, most music libraries have almost every type of music (songs and instrumental tracks) imaginable: Latin, Jazz, Hip-hop, Hawaiian, New Age, Rock, Pop, and so much more. Artists and bands just like you supply a good portion of this music.



Advertising agencies, film directors, television supervisors, corporations, game companies, and other "music users" look to music libraries in hopes of finding "that perfect piece of music" for a specific job or need. Sometimes music libraries will even contract musicians under a "work for hire" condition to compose and produce--in as little as one day--exactly what the client needs. That's pretty impressive!



The happier the music library makes its clients, the stronger the level of trust. With trust--there comes referrals. And eventually, when a major network show like Lost is looking for a piece of music, they automatically turn to an established company like Associated Production Music, Magatrax, killer Tracks, or Opus1 Music Library.



Says the Vice President of Film and T.V. at a major music library in Los Angeles, "These reputations aren't built in day. They can take years." For the aspiring songwriter, solo artist, or band who wants to get ahead and get noticed, a few placements in a film or television show can get the ball rolling. A music library just might be the company that matches your music with the client--and everyone wins.



SO WHAT'S THE DEAL?



There are different deals for different people and situations.



Says another representative from a major music library, "Not all deals are the same, but most music libraries structure their deals 50/50."



This means that you retain your "writer's share" of a composition (or 50 percent of the earnings), and the music library takes over the "publisher's share" (the other 50 percent of the earnings).



The types of income you make could include up-front negotiated synchronization ("synch") fees (for the rights to synch music with visual images), and a master-use fee (for the rights to use the master recordings of a song). Furthermore, you could earn "back-end" performance royalties paid to you directly by your affiliated performing rights organization: ASCAP, BMI, SESAC (for the public performance of your compositions--in television and also in films aired in foreign territories--after your song has been broadcast.)



The music library could hold the "exclusive" right to license your songs for audio-visual uses for a term of one to five years, with the rights reverting back to you after the term. This means that during the term, you or another music library (or any company for that matter) cannot license the song for any audio-visual use specified in your contract. This is the type of deal that artists and bands are reluctant since their rights are somewhat tied up. But note you usually can use the song on your own CD and collect royalties from sales if such is negotiated.



Non-exclusive deals are also possible, meaning there are generally no limits to the licenses you generate.



These are the deals bands want to negotiate for. But in case you're wondering how two different companies can use the same song and collect its share of performance royalties from its affiliated PRO, music libraries have adapted the practice of "renaming" (yes I mean re-titling) your work to differentiate it from the placements you get. The song is exactly the same as the original since no melodic or lyric content is changed, but the library will nonetheless treat it as a "derivative" work of the original. It is this derivative work in which the library acquires its rights.



EVERYTHING COMES WITH A PRICE



If all this talk about percentages and giving up some publishing rights to a music library still has you a bit perturbed, the following points may offer some relief:



1) Music libraries are businesses just like any other. Their reputation, industry contacts, and time and effort used toward getting you placements comes at a premium--that is the right to license your songs and collect their share of royalties for the uses they get you.



2) Music libraries don't want to be put in direct competition with other music libraries that could be pitching your songs into the same T.V shows or films. Having the exclusive rights to license your music gives them more control from this happening.



3) Music libraries sustain their businesses significantly through licensing your songs and master recordings, and the performance royalties paid directly by its P.R.O(s). This in part serves as its incentive for pushing your songs.



SUMMING IT ALL UP: 50 PERCENT OF SOMETHING



Music libraries offer you the opportunity to get your music placed and to make a few bucks. The right placement in a TV commercial, film, movie trailer, and video game might even draw some attention toward your career as a solo artist or band and that big hit you have locked away in "your drawer."



One representative at a small but very successful boutique library offers these simple words of wisdom: "If you're a new artist who's having a difficult time getting your music heard, music libraries can offer you an outlet. Fifty percent of something is infinitely better than 100 percent of nothing."