Music Licensing – What, How and Why It’s Important for Your Business

Music licensing commonly refers to ‘royalty free music’ or ‘production music’. This is music that has been written and produced with the sole purpose of being used in another project. Anyone can then license this music for a fee, to use in their project.

What about commercial music?

Commercial music, written and performed by artists like Adele, M83 and U2 for example, cannot be used for any purpose other than personal/private performance. When you buy a CD or download an MP3, it is specifically stated that you cannot do anything with that song or music track except listen to it yourself. Any business use is prohibited, even playing it on the radio to customers at a hair salon.

To play commercial music to the public, a public performance licensed is required by the appropriate performing rights organisation of that country. In the UK it may be PRS or PPL. In the US/Canada, it may be BMI or ASCAP. These organisations arrange a fee to the proprietor of the business, based on the size of their business/location. This can be expensive, and time consuming just to play the radio to your customers on your premises, but does permit the business to play the radio to its customers without legal issues.

This is not a suitable solution for video production and filmmaking, as the usage and purpose of music is not the same. As many video production companies produce content for clients, they need background music for their video/film that is cleared for its intended purpose. When licensing commercial music, arranging such a license for online, public performance, in-store and mass distribution quickly becomes expensive and convoluted.

Royalty free music licensing offers a simple and cost effective solution to acquiring well produced music with all necessary rights for the client, within an affordable, transparent license.

Who needs to license music?

Anyone creating digital content with the intention of publishing it online or publicly. It’s really that simple. You cannot legally use music you have not written yourself, or licensed from a music library.

What about ‘home movies’ and ‘personal projects’?

The same rules apply to home movies and personal projects, but because these are produced not-for-profit, nor professionally on behalf of a client it is possible to use commercial music in this type of content. However, when this content is published to social platforms like Facebook and YouTube, you may find your video is blocked in certain countries, or deleted entirely. This is because commercial artists and record labels have an agreement in place that monitors use of their content on these platforms, and can enforce accordingly. There is however, many commercial artists and record labels who permit the use of their music in exchange for advertising. An ad will be attached to your content as a pre-roll, overlay or half-time break during the video in exchange for permission to use their music track. If you’re producing something personal, ‘for fun’ then this shouldn’t be an issue.

The risks of using commercial music in professional video

A client may want the latest chart hit in their video because it resonates with their target audience, or they feel it represents their brand. However, as outlined previously this could end up immediately being blocked or deleted with further implications like account suspension. If the video is not blocked or deleted, then it will be served with ads.

This is the last thing you want for your client. You’ve produced a video promoting their new product, and before the video has even started, viewers are being shown ads for competing brands and products. It degrades the potential of the video and the brand.

Why license ROYALTY FREE MUSIC?

There are THREE key reasons why licensing music correctly is hugely important.

1. You’re using music that will NOT be subject to copyright claims, blocks or deletion when it is published online. This means you can deliver your end-product to your client without fear of any music related issues.

2. You can MONETISE the content you produce. If you’re producing the content for your own online channel on YouTube, you’ll no doubt be entered into the partner program, to earn money from ads displayed on your videos. You cannot earn money from these ads if the music is not licensed, as it will go straight to the artist/producer of the music. Pay for the music license, earn money from that music license. Simple.

3. Create an identity for your video. Whether you’re producing something on behalf of a client, or yourself. If you use a hugely popular, well known commercial music track, chances are that song will resonate with the viewer more than your content. However, if you create really good video content AND license the perfect music track nobody has heard before, you’re offering a completely unique audio/visual package that is new and fresh.

What about free music?

If you look for it, you will find music that is available to use for free. But ask yourself, why is it free?

Free in exchange for ads and revenue.

The creator could be giving you permission to use their music in exchange for ad-revenue online via YouTube and Facebook, and you won’t know this until you publish it and get informed ads will be displayed alongside your video, with all revenue going to the artist.

A poor quality sample

The free music track you’re using could be a low quality sample of something an artist is trying to sell. This could be a low 128kbs MP3 that appears suitable, but when played back against high quality content, will sound quiet, muted and generally not as good. When music is licensed from a library, it should be available in broadcast quality WAV or 320kbps MP3 as standard.

Who else is using it?

You won’t be the only one looking for free music. People creating content purely for personal projects don’t have a budget for music licensing so they need something free. If you’re producing a project for a client who is paying you, would they be happy with you using the same free music track as everyone else? If it’s free, chances are a lot of people will make use of it.

Clearance and Assurance

Anyone can upload a music track online. There is no vetting, no quality control or legal assurance. Any Blog or digital content platform can host a music track for others to share. So, when you’re downloading a ‘free music track’ how do you know the provider actually has the rights to provide it to you? When you license a music track from a professional curated library, you have the assurance that every single music track has been reviewed, contracted and published legally for you to license and use.

Why pay for music?

There are thousands of music tracks online. What difference is there between ‘Track A’ and ‘Track B’? As a video producer/filmmaker, ask yourself this question: “There are thousands of video cameras available. iPhones can shoot 4K video and you can plug a microphone into them. Why should a company hire me to shoot their video”?

When you license music from a reputable library, you’re paying for the expertise in writing and composing the music track. From the start, middle and end. The quality of instruments used. The production of dynamic audio, the builds and crescendos. The post production mastering and edits so that a 3 minute piece can be condensed into a short 30 second edit without losing any of the magic of the music track.

The difference you get when someone films a corporate video on their iPhone compared to someone filming the same video with a professional camera, lighting and staging is painfully obvious. It is no different when it comes to music or photography. There is the technology, the knowledge the skill and ability to combine them to achieve the highest quality result.

What can I do with licensed music?

Whatever you want. Music can be licensed for limited use or global distribution, mass production and broadcast. You can license music for a specific purpose and tailor it to accommodate any additional requirements at any time.

Licensing royalty free music is intended to be the most cost-effective and practical solution for using music in your professional projects. General online distribution is commonly a one-time license fee per track for lifetime usage.

100 Tips to Market Your Music – Part 2

Even if an artist has an outstanding talent, record deals do not fall out of the sky and land in your lap without music marketing. In this Internet age, A&R at most record labels is not what it once was, so those reps are looking for artists that already have CD sales, a great fan base, and already have the look and feel of being made even more marketable.

We started a list of marketing tips in 100 Tips To Market Your Music and continue more great ideas here, so tweak any of them as you will!

Promo Tip #55 Tag your MP3s with your name or band name, not just the song name. They need to know WHO did this material when they happen across it months later.

Promo Tip #56 Know who you are! Get into an appropriate category so that you can be found. People have to be able to identify your sound into a category that they can identify with. You may want to portray a new edgy sound, which is fine, but there are still general categories that people search on in record stores or online and you have to be found in one of them.

Promo Tip #57 Throw a listen-in. Contact record stores, coffee shops, book stores, malls, recreational areas, galleries, cool clothing stores or nightclubs that are willing to support local music. The free listen-in could have talk session and discounted CDs with coupons.

Promo Tip #58 Keep it simple silly, web sites that take a long time to load, are not easy to navigate, and are not interesting will not keep the viewer’s attention long enough for them to get to know you. So don’t make your personal website or any site that can be customized, so frilly that it turns a potential opportunity away.

Promo Tip #59 Join local communities and organizations and go to meetings periodically and pay attention. Listen for opportunities in what they are saying and perhaps volunteer. Help them and they will help you. Nonprofit organizations are likely to have access to media outlets that may give your some exposure.

Promo Tip #60 Check your public and local radio stations that play your type of music and try to get some air time.

Promo Tip #61 You will hear a lot of no’s and negativity. That is to be expected as everyone’s taste is different. Hopefully someone will give you some constructive criticism. Learn from it what you can but keep moving forward.

Promo Tip #62 Develop yourself as a complete package. Record labels do not spend the money on A&R as in the day. Educate yourself as a well-rounded music artist and present yourself as such.

Promo Tip #63 Elevator Pitch – If you only have one shot to make an impression in 30 seconds or less, can you do it? You will need to, so practice it!

Promo Tip #64 Post your gigs on your website(s), class ads, Craigslist, Backpage and other sites for your location.

Promo Tip #65 Submit your music to songwriting competitions, musician competitions, singing contests – try out for American Idol, for gosh sakes!

Promo Tip #66 Do a free conference call to chat with fans using your website. Record the call and follow up by posting the MP3 on your site. Promote it for all its worth.

Promo Tip #67 Never release an inferior product, send out professional, and only your very best demos and new releases.

Promo Tip #68 Get testimonials and reviews from people that matter and start locally if you have to. Add them to your press kit.

Promo Tip #69 Make sure you make it easy for potentials sales to happen whether on your site or at a show. Make the payment process, safe, secure and EASY.

Promo Tip #70 Have a house concert. Invite the neighborhood to your backyard.

Promo Tip #71 Give your fans insider, behind the scenes, back stage with the band info and videos. This is great info to include in newsletters – people that signed up to learn more about you on purpose.

Promo Tip #72 Take the good with the bad, and take it all graciously. You must keep your image clean or at least maintain the aforementioned image.

Promo Tip #73 Don’t waste time, prioritize and go with the best bets. Put your energy into the correct market for YOUR music.

Promo Tip #74 If you can write well about a music subject, write and distribute articles. Always source the article back to your website. Let it be redistributed with the bottom author source info to spread your message and link.

Promo Tip #75 Gig swap with other bands from another area to widen your fan base.

Promo Tip #76 A music profile or bio, press kit and press releases should all be well written, free of misspellings, kept current, and to the point. Schedule updates of your various online activities.

Promo Tip #77 Find a business in your area that you can partner with for mutual benefit. If something about a song, style, or image would boost a local business, develop a cross promotional relationship.

Promo Tip #78 Respond to all your correspondence in a timely, businesslike, and correct manner – appropriate to the sender. Be considerate of your audience.

Promo Tip #79 Give people what they want. It’s all about the fans. If they come to your website, give them information that makes THEM feel good. If they come to your show, entertain them, thank them and thank the venue for the experience.

Promo Tip #80 Don’t disappear. Once you have started building your momentum, it is a continuous onslaught.

Promo Tip #81 Attend music conferences, indie showcases, music festivals. Gain exposure and network.

Promo Tip #82 Be easy to work with and be flexible. A good reputation carries a lot of weight. Flexibility can also mean possibly adjusting areas of your work or image so as to get your foot in the door if need be.

Promo Tip #83 Have a cause. Create an event to promote that cause. Team up with other like-minded bands and make a news worthy event out of that cause.

Promo Tip #84 Business Cards – When talking to anyone, hand one out. You must include the link to your website. Consider your link as your online business card.

Promo Tip #85 Rolodex your contact list (some sites have contact managers in their member consoles). Make a list and keep it current of all the places online and offline that you need to post to when you need to send out reoccurring press releases of news and events. Be aware that many sites have limits in number and/or time frames, be careful to not exceed them.

Promo Tip #86 Invoke your personality into your writings to make your invitations, announcements and introductions fun and effective.

Promo Tip #87 Clearly define what you are about – quickly, online or offline. People have short attention spans and are short on time – not just the music industry, but most people in general. This is very important! Don’t waste words. Make anything you have to say about yourself or band enough to give the important necessary information and cut out the nonsense.

Promo Tip #88 Create a band calendar with some humorous photos of the various band members at various events.

Promo Tip #89 You heard it through the grapevine. Share “some” inside knowledge with other bands and songwriters in your area. Start your own information highway.

Promo Tip #90 Create an automated template for emails. Take the time to add the person’s name with a personal tidbit, but save time with a ready made email guide. Respond to unsolicited emails with your own personalized marketing message and a link to your website.

Promo Tip #91 Play for free if you have to, any where, any time. Create an event, an event with a cause and donate the proceeds to a charity. This can open up some interesting contacts and opportunities. Sponsor an event.

Promo Tip #92 Reach out and touch your fans. Whether someone else is maintaining your online presence or not, occasionally touch base with fans personally.

Promo Tip #93 Include every ounce of contact info needed upon every available surface.

Promo Tip #94 Borrow an idea from other sources, even outside the music industry. If it works for that company, perhaps you can adapt the idea to market your music as well. Find a way to put a new twist or slant on a successful bands tactics.

Promo Tip #95 Send birthday cards to your fans…of course you need to get their birthday info when they sign up for mailing lists.

Promo Tip #96 Get involved in the music forums and message boards that target your music segment and ALWAYS include your signature URL (aka web link)!!

Promo Tip #97 Start a Music or Band Blog, well written and kept current. Submit it to music Blog directories.

Promo Tip #98 Create a novelty song that topics a holiday, a hot news item, your city or town, sports team, political event or other idea and gain exposure on promoting this song.

Promo Tip #99 Listen to your fans and learn what brought them to your show. This is very effective to giving you feedback on which promotional tool worked.

Promo Tip #100 Success does not happen to those that wait. A record label , music deal, stardom, just creating a website “and they will come” does not just land in your lap with you doing nothing. You have to make success come to you. Be persistent, be confident, roll up your sleeves, it is going to take some serious work.

But wait, there’s more! We could not stop at 100! Here are a few more great tips:

Promo Tip #101 Use the Internet to research and keep current on new ways and new sites to market your music.

Promo Tip #102 Strength in numbers. Build joint ventures, collaborations and/or online partners on a project and both of you market that project.

Promo Tip #103 Have a professional email address.

Promo Tip #104 Don’t burn your bridges. Even with the increasing number of music “want to-be’s” the music industry is a relatively small and close knit community. A wrong done to you by someone early in your career, may be that “someone” in a position of music power one day that you just might need to do business with.

Promo Tip #105 Join the party, even if not in the mood. Don’t respond to the inevitable “what do you do” question with your day job, but tell your potentially new fan you are a musician and hand them your business card.

Promo Tip #106 Keep a journal of your marketing efforts with what worked and what did not work. This can be used in many ways down the road besides tracking your efforts. A book or e-book maybe?

Promo Tip #107 If out partying, have a designated friend or band mate for image control. If you get into something that could potentially land you in trouble, that controller gets you out of the situation before it can hurt your image. Video can be on the Internet before you even get home, so protect your image at all costs if you happen to get out of control.

Promo Tip #108 Business is business. There is a time and place for slang/explicit language, behavior, and the like. Project yourself in a professional manner. Know when you are onstage and when you are not.

Promo Tip #109 Get your own competition going about your band or a new release. Give something away, have fans register at local record stores, find a way to get buzz going by asking a great question.

Promo Tip #110 Self promote everyday, in every way, one way or the other.

Some of these pointers may not be for you. That’s fine. Do what you need to do, just make sure we ALL hear about you. Very true that many artists do not have the funds to do some of these tips, well, with the Internet and some ingenuity it possible to get around this to an extent.

The difference between you and another band that made it may not be that their music was better. It might be that they found a way to get noticed better. The music industry needs music talent and is constantly on the look out for something that stands out. If you have the guts and perseverance, it can be you.

Recording and Selling Music 101

“Aside from the creative and technical aspects of recording an album, there are legal and contractual issues that must be considered before even entering the studio. The artist or label paying the expenses of recording must be sure that everyone is on the same page regarding whether fees and/or royalties are to be paid and, if so, how much is to be paid to each party.”

–Howard Hertz, Entertainment Attorney

Depending upon the individual focus of their practices, attorneys may take cases that involve Intellectual Property and Contracts in respect to the music industry. Very often, composers and performing artists are neophytes when it comes to the economic and legal issues of this industry. Therefore, in this article, we will address the basics of recording, manufacturing, and sales to break even on a CD of recorded music. I (Dr. Sase) will address the economic issues.

As well as being an economist, I am a musician who has released original music and has produced/engineered the music of other artists. In addition, I own and operate a small recording studio. For the legal elements in this article, we welcome Howard Hertz, Entertainment Attorney at Hertz Schram PC in Bloomfield Hills, MI.

For the benefit of our readers, we will keep the techno-speak and accounting math to a minimum. Instead, we will present the big picture and will offer a basic understanding of what is involved in this market. In this way, we hope to help attorneys to educate clients, family members, or friends who may wish to attempt a career in this field. (Some of our readers may be interested in putting out CDs, vinyl, and downloads of their own music.) Therefore, without ado, we present “Essentials of Recording Music” for your reading pleasure.

Producing Recorded Music

In starting, it is good to make a “low-fi” recording at every rehearsal and gig. Often, performers use a pocket digital recorder, the type employed to record lectures and meetings. As the newer digital models can hold six hours or more, one can turn it on and let it be. If the material and its performance sound acceptable under such primitive conditions, the recording passes the 1960s pocket-transistor-radio test. Importantly, any verbal notes about changes to song structure or arrangements will be included for future reference.

A digital video recorder serves well for the same purpose. In the world of the Digital Audio Workstation (DAW), the video recording also provides an excellent scratch track. Being able to watch and follow movement and changes frees musicians, producers, and engineers from the old mechanical-sounding click track and helps to achieve a more natural and expressive feel in the multi-track overdubbing process.

Led Zeppelin guitarist Jimmy Page acted as the band’s producer. He got massive drum sounds from drummer John Bonham by recording him in the hall of Page’s medieval home, Hedley Grange. Forests, beaches, living rooms, practice rooms, bathrooms, and other places provide wonderful places to experiment and develop new musical parts. Generally, the recording studio does not. Even if you have your own studio that allows you to work off of the clock, it is usually best to do the work-up somewhere else, just to maintain perspective.

In the early 1950s, guitarist Les Paul invented multi-track, sound-on-sound recording–with the assistance of his friend, crooner Bing Crosby–in Paul’s garage. In an interview, Paul emphatically stated, “I never walk over to that machine until I know what I’m going to do and I never use the machine to find it. I find it and then go to the machine and use it. I never let the machine tell me. I tell the machine what to do.”

Therefore, prepare all of your instrumental and vocal parts in advance and develop a work schedule that includes contingency plans when you enter the studio, which is the final place in which you may be able to maintain creative control. If you need to make last-minute changes, you can keep them to a minimum in order to avoid excessive pressure and confusion during a session.

We can borrow a good parallel of detailed planning from the motion-picture industry, the one that interfaces the most with recorded music. Filmmaker Alfred Hitchcock worked as a director in the studio system. He was responsible not only for his own time but for the time of many other professionals working together on the same project.

In advance of shooting, “Hitch” storyboarded every shot of a scene before stepping onto the sound stage. For example, in the famous shower scene in the film Psycho starring Janet Leigh, there are fifty-two individual shots in the course of three minutes and ten seconds (Famous Shower Scene from Psycho (1960) Dissected in 52 Shots, on YouTube).

The master storyboardist worked out every detail, including chocolate syrup for blood, and framed each shot in advance of rolling the cameras. A major part of Hitchcock’s greatness came from his ability to maintain creative control in exchange for tight management of budget through planning. Planning pays when time is money.

Returning to the recording studio, it is a good idea to have more material prepared than you intend to record. Life happens. Sometimes, with a bit of good fortune, you move through the tracking faster than expected. At other times, a piece does not come together satisfactorily. When this happens, the piece needs to be shelved until it can be reworked. Given the time and physical cost of preparation, travel, and coordinating the schedules of the producer, recording engineer, musicians, and other participants in a session, contingency plans constitute a valuable asset.

On this point, the Time-Is-Money factor spills over to the matter of equipment by having spare cables, batteries, and fuses available on short notice. One of Murphy’s Laws states that such items have the notoriety to fail at critical times.

When it comes to recording, experience remains one of the best teachers. Practicing against previously recorded tracks that one will hear during the actual recording session is often the most economical way to prepare for a take. Usually, sound-on-sound projects will gel best when they are built upon percussion that is recorded against a scratch and/or click track. Then, the track is followed upward through the spectrum of pitch (lowest to highest frequency) with the addition of bass, keyboards, guitars, background vocals, and other instruments before the lead instrument or vocal is tracked.

Offering an instrumentalist or vocalist a copy of the best mix to date without the scratch or click tracks (i.e., the one that s/he will record against), saves confusion, frustration, and time. This work mix allows the musician to develop parts creatively and to get acclimated to nuances of tempo, rhythm, and volume before the session. Usually, this results in more productive takes and fewer of them. The additional cost to the project for this preparation is the minor cost of burning a CD or making an MP3 copy of the mix. The benefit of time saved for all involved far outweighs this cost.

Whether or not you are paying out of pocket for studio time, you are making an investment of your own time as well as the time of other musicians, producers, engineers, and techies working together on the project. Therefore, everyone should show up, should arrive on time, and, if possible, should get there a bit early.

The studio is a professional work environment. Please give the other music professionals the same respect and courtesy that you would give to your attorney, medical doctor, or dentist. If you must delay, postpone, or cancel, please do so in a timely manner.

Professional time for postponements or cancellations is usually twenty-four to forty-eight hours. Equal to the importance of showing up and starting on time is to know when to stop work on individual tracks as well as on the session as a whole. Tiredness is a vague and relative term. However, sensing the point at which the marginal net benefit of tracking an additional take reaches zero is a professional trait worth developing.

If you are not acting as your own producer and/or engineer, make the time with this person(s) to share your vision, needs, and concerns in advance. Use this time to go over production notes, equipment requirements, and other mundane items before the session commences. Everyone involved should understand the depth and scope of their responsibilities before the session begins. Delays eat up time for all and… Time Is Money. Therefore, make sure that you are on the same page with your producer and engineer.

Furthermore, note the limitations of the studio and its equipment. It is wise to know the kind and amount of tracks, microphones, signal processors, and other essentials. If you plan to use any unfamiliar equipment, make the time to research it. If possible, work with this equipment beforehand. A recording session is no place for unpleasant surprises. For optimal planning, you should know of any limitations in case you need to simplify your planned mix.

When the red recording light goes on, it is important to be technically precise in performance in order to remain within budget. However, bear in mind that we are making art. Playing with feeling and emotion from the heart is of paramount importance. Producing art commercially requires walking a fine line between the pragmatic and the ethereal. As a result, the genius in producing music is 99% perspiration.

Work with the technology, not against it. Generally, it is best to keep playing through a flop rather than to stop and start over. Part of the art of recorded music is “punching in” a short section of retake or digitally copying and molding a few notes into the track in a seamless manner. As long as most of the take has the necessary artistic integrity, the pragmatism of “time is money” works out.

In shaping the sound, remain focused on the lead line that prevails at the time. Usually, the vocal takes the lead except during intros, outros, and solos. Developing the accompaniment against a preliminary take of the lead line is a way to achieve a fluent and natural sound. Also, such an accompaniment provides a solid understructure that gives flexibility and independence to the musician who is rerecording the final takes of the lead lines.

This being said, it remains most economical to achieve a desired sound during the original tracking. Usually, it is more costly to return to a mix in order to rebuild or repair parts of it before the final mix-down to stereo. It is better to record clean and then to add effects and other “sweetening” afterwards.

Treat the production of recorded music with the same regard with which any other successful professional or business entrepreneur would treat their concerns. As in many competitive markets, the revenue per downloaded track or CD collection remains relatively constant across the span of all artists. The album Born This Way by Lady Gaga, one of the top-ten sellers of the year, hit the market at an equivalent retail price as the album MDNA by Madonna, one of the bottom ten.

As a result, the economic task of controlling the profit per unit falls fully on the cost side of the equation. Since music production is mostly about time cost, any action that can safely shave cost without destroying the integrity and quality of the product should be considered seriously. Note: these actions include keeping guests out of the session, making backup copies of takes frequently, and keeping thoroughly written notes throughout the course of the project.

In order to finish a good product, expect editing, mixing, and other post-production work to take the lion’s share of budgeted time. When we add together all of the production and post-production time, we should anticipate an investment of forty to fifty hours per track. In other words, a total of 500 hours for the entire album can be considered the norm. This is why having open access to a home studio for most of post-production is highly valued.

Part of this value comes from the fact that ears tire easily; consequently, prolonged post-sessions that require acute listening produce diminishing returns. Any work beyond mundane cutting, splicing, and adding fades and plug-in effects demand the perspicacity of fresh ears. Tired ears usually result in a substandard mix that will require costly reworking.

When do you know when the mix is done? This question is like asking a chef if the soup is done. It is a matter of knowing. We could define that point in a commercial recording as the one at which a constrained optimum is reached. It is the point at which the artistic vision is achieved subject to practical budgetary constraints; you know that the soup is done.

For some engineers, this point comes when they play it through a pair of crappy old car speakers. For others, this point may be defined as when you play the recording for others who have not heard it previously and it feels right to them as well. In any event, you will have gotten the best vocal and instrumental takes, have used your studio wizardry to achieve maximum sound, and feel that the music is ready to be unleashed on the world.

Complementing the technical and economic side of recording is the legal perspective. My guest contributor Howard Hertz explains that a tangible contribution to a recording (known as the master) or song (the composition) may result in copyright ownership or performance rights being held by any person contributing to the work.

In order for the artist or the record label to emerge from the studio with an album that s/he or it fully owns and therefore may distribute for sale to the public, agreements should contain proper “work-for-hire” language. (Essentially, a work for hire means that the contributor relinquishes ownership claims on the master or composition by stating that all work was performed for equitable compensation.)

Hertz emphasizes that these agreements must be signed by all producers, engineers and side-person musicians who have worked on the project. Typically, the artist or label should own the copyright to the master recordings contractually. On the other hand, the copyright ownership in the underlying composition may be owned by multiple writers of that piece of music. However, if agreed to in writing by all parties involved, the artist or label may “buy out” these rights.

Often because of the potential complexity of such agreement, a “split sheet” for each work is filled out after the recording of the composition. This sheet lists the determined percentage of the song or instrumental that was written by each contributing party as well as the percentage of the publishing rights that is owned by the publisher of each party involved. Then, the split sheet is signed by all of the contributing parties, thus making the determined, assigned split a binding agreement.

This is a very important point. It is often overlooked by many casual or informal musical groups that lack the understating of business law, which will treat them as a General Partnership. Operating as such an entity implies that all partners are held to have equal shares if no written agreement exists. In respect to the business of music, Mr. Hertz iterates that, if there is no written and signed agreement to the contrary, then a composition is owned in equal shares by each writer who contributed words or music irrespective of the percentage of their actual contribution.

Hertz provides this illustration: “[I]f three writers contribute to a work and have no signing to the contrary, they each own one-third of the copyright, even if one of the writers only contributed one line of lyrics and might have likely agreed to a five or ten percent share of the song if it was put in a split sheet.” A word of wisdom to all musicians and audio producers and engineers: have a qualified entertainment attorney on your side to guide you through these choppy waters.

Replicating and Marketing the Final Product

The 500 hours of time, energy, and artistic angst discussed thus far buries itself as a sunk cost, which is the non-retrievable fixed cost associated with producing recorded music for sale. In producing recorded music, most of the cost is upfront, fixed, and sunk. This includes all costs incurred to the point of making the glass master and cover artwork that is used to replicate the CDs commercially.

The amount that an artist needs to invest to get to this point depends upon the location of the studio (New York or Los Angeles versus everywhere else in the country), its amenities, and its reputation. Reportedly, the current high end is about $3,000 per hour. Ignoring incidentals, this would necessitate a project budget of $1.5 million (500 hours x $3,000 per hour). Based upon sales expectations to recover this cost, there are not many artists who would go “Gaga” over this price tag.

The average studio cost per hour in urban areas outside of New York and L.A. seems to fall in the monetary range of $75.00 to $150.00 per hour. This brings the average cost down to about $50,000.00 for the project, assuming that the artist(s) does double duty as producer/engineer.

If an artist is also a producer/engineer, s/he may be able to get the music out for around $20,000.00. This can be done by either using a budget-conscious studio priced at $50.00 per hour or by investing the $20,000.00 in his/her own Digital Audio Workstation, some good microphones, pre-amps, and acoustic sound-control material.

For many musicians entering the field of recorded music, the latter has become a very viable option. Given the simplicity of the style of music and the musical arrangements that they use on their recordings, some artists do manage to get their music ready to go out the door for about $10,000.00. For the sake of comparative discussion, let us work with these last three figures and assume that the artist works as an entrepreneur and manages the entire release.

The replication of CDs has become a highly competitive business. The price per 1,000 copies has dropped to around $1,000.00 depending on the type of packaging chosen. This gives us a unit fabrication (making the physical CD) cost of $1.00 per CD. However, there are promotional costs involved. A major but effective promotional cost is giving away free copies strategically to radio stations, clubs, and individuals as a way of priming the proverbial pump. Also, using social media like YouTube and Facebook is “free” advertisement.

For the sake of simplicity, let us assume that the promotional cost for a CD that contains ten songs averages $.50 per CD. The more CDs that are manufactured, promoted, and sold, the more money that must be invested in the project. In other words, the manufacturing and promotion costs vary with quantity. Therefore, we refer to these costs as variable costs that, on average, total $1.50 per CD.

In our example, let us say that the artist averages net revenue of $10.00 per CD. This suggests that the CD could be priced at $14.00 for sale through one of the popular online stores, distributed as digital downloads, or sold at live performances. We can phrase our economic question as a break-even analysis. In the business world, a break-even point of three to five years is considered reasonable. Therefore, looking at our artist as a start-up business, let us anticipate a break-even point at four years, forty-eight months.

What we want to know is this: How many CDs will our artist need to sell over the next forty-eight months to break even? How many CDs will s/he need to sell per month to achieve this goal? As the variable cost per CD is taken to be $1.50, the key determinant in this calculation is the upfront sunk/fixed cost of producing the master recording. If we take this fixed amount and divide it by the difference between the price at which the CD is sold and the combined cost of manufacturing and promoting each CD, we will arrive at the break-even quantity that must be sold.

If the recording costs amount to $50,000, then a total of 5,882 CDs must be sold at a rate of 123 discs per month. If our artist economizes or sets up his/her own project studio for $20,000, then only 2,353 CDs must be sold at a rate of 49 discs per month. If our artist is able to achieve a product of marketable quality for only $10,000, the break-even amount drops to 1,176 CDs sold at a rate of 25 per month, about one per day. If an artist has sufficient musical talent, and recording skills, and experience, s/he may be able to achieve this goal at a barebones studio that charges $25.00 per hour.

The Great Beyond

We have focused on what may be called an Entrepreneurial Indie Label, one in which an artist or group does everything from production to direct sales (e.g. merch tables at gigs) except for two chores. The first is fabricating the CDs through a company such as Discmakers, Inc. The second is selling some of these CDs with the help of a music-marketing service such as CDBaby Inc. These CDs then will be sold online, as digital downloads, and at brick-and-mortar stores.

The next step up the ladder is for the small entrepreneurial music company to sign with a major or minor label. At this point, a good entertainment attorney to represent the artist(s) becomes indispensable. As Mr. Hertz stated in our opening quote, “The artist or label paying the expenses of recording must be sure that everyone is on the same page regarding whether fees and/or royalties are to be paid and, if so, how much is to be paid to each party.”

Currently, the record industry is reinventing itself in the Digital Age. This age has brought affordable means to artists in order to accomplish what only million-dollar recording studios could do previously. Online distribution has become feasible and preferable to many artists through CDBaby, iTunes, Amazon, and other venues. What these turns in events leave to major labels is what they continue to do best-finance, promote, and distribute product to large markets.

In her blog, recording artist Courtney Love, Love’s Manifesto, she states, “If a record company has a reason to exist, it has to bring an artist’s music to more fans and it has to deliver more and better music to the audience. Previously undiscovered artists benefit from the huge promotional break a major has to offer. It takes a ton of funds to break a new artist–funds most artists don’t have on their own.”

In determining which artists to sign, labels consider the sales potential of an artist. This decision usually is based on what the artist accomplished before. A rough rule of thumb remains that major labels sign artists who have made verifiable sales of at least ten thousand albums on their own. In addition, labels consider plans for touring in order to market product to a wider audience as well as feedback received on the artist’s music through social media.

Rerecording/mastering, fabrication, distribution, tour support, and other promotional investments all require capitalization. Nonetheless, the business is comparable to a roulette wheel. A wheel has thirty-six black-and-white numbers plus a green “0” and a “00.” The gambling houses win on these last two. Their odds of winning are 5.26%–the two green numbers divided by the total of thirty-eight numbers on the wheel. In the record industry, only 10% of all recordings released make it to the break-even point. Only about 5% of releases turn a profit. This subsidizes the 90% that lose money.

Therefore, cash advances bestowed upon artists are determined by the ability of the artist, the costs that may be recoverable from an artist, and the probability of success in a marketplace that ultimately relies on the 5% of releases that eventually become profitable. An advance is an ADVANCE. Essentially, it is a loan that is repaid through royalties (percentage of the sales) that hopefully are earned on future record sales. Under their contract with an artist, the record label is going to want to be paid back, and paid back first.

The label will keep all artist earnings from sales until the various costs are repaid. Furthermore, in multi-album deals, the repayment can be recovered across multiple albums and advances. This method of securitizing the investment made by the record company is known as cross-collateralization. Apart from a few exceptions, every cent invested on promoting an album, from video-production costs, radio promotions, and billboard signs to tour support, is recoupable from artist-royalty points. As a result, most artists make $0.00 from their royalty points until recoupment by the label is complete.

So, how do artists go about making money from their recordings? Very simply, they can achieve this goal by remembering that what they are involved in is a business. Furthermore, this business takes place in what economists refer to as a perfectly competitive market-the market sets the price for similarly situated products and that price is relatively constant at any point of time.

Due to this market quality, revenue increases at a constant rate as greater quantities of a recording are sold. As a result, there are only two ways to increase profits. One is to sell greater quantities of the product and the other is to decrease the costs of production, manufacturing, promotion, and distribution.

We hope that we have edified our readers about the physical, economic, and legal aspects of the recorded-music business. Thank you to my guest contributor, Howard Hertz, for his enlightening contributions to this article.

Artist Branding in the Music Business

Music branding has become more and more popular as a topic amongst not only the hierarchy of the music industry but the average artist and independent companies. Artists are slowly beginning to realise the power of their own name and how they can generate not only another revenue stream, but an even more significant financial return that dwarfs the return from their music career.

One of the most significant markers was laid down not in the music industry but in sports. When Michael Jordan the basketball legend achieved notoriety when he signed an extremely lucrative deal with Nike to produce the Air Jordan range, the table was set and has continued in sports with many sportsmen including David Beckham and Tiger Woods.

The deal with Michael Jordan was not the first time various industries recognised the power of performers be it sportsmen, actors or musicians. Run DMC the famous Hip Hop legends after recording and releasing the hit “My Adidas” was approached by the sport wear giants when sales of the brand increased due to the songs popularity.

Some would argue even more significant than these cases are the cases of minor celebrities such as the late Jade Goody (Channel 4’s Big Brother) have shown you need not have achieved a significant success in any field to find success with selling your brand and being rewarded financially. Jade achieved significant financial rewards with her perfume line which grossed her a seven figure sum.

So what is a brand?

Whenever I speak to musicians and mention branding they always start to speak about logos and image, which has a place in branding but it is not what branding actually is. Let’s clear up the logo issue first. A logo is the visual identification of a brand.

Again, so what is a brand?

A quote from Amazon founder Jeff Bezos states “a brand is what people say about you when you leave the room”. I think many would agree that Amazon is a well known and successful brand. But how do you build a successful brand? For me the key ingredient of a brand is trust! Now if you notice trust does not mean you have to behave well and do everything by the book, as our post image we chose the Rolling stone logo which has become a brand that represents good rock and roll music, but was formerly identified with misbehaviour and rebellion.

Others in branding state that a brand is a promise of an experience as most women would get from a Herbal Essence ad is the promise of a sensual experience when washing their hair. One of the most successful examples of this promise is the Heinz food brand. When most shoppers who are not skint go to their local superstore if they are buying beans a large percentage for a long period of time would pick up the Heinz branded tin because it was branded as a higher quality product and it was so effectively marketed people did not mind paying more for the experience. That is what a well marketed brand will allow you to do.

What is your brand?

The music business is the king of the personal brand because if you did not have a good personal brand your success would be short lived. When developing your brand you need to know your brand values, what do you stand for? What do you want people to say about you? What are you promising? Are you guaranteeing a good time?Are you the rebel? Do you intend to enlighten the world? Or are you the sex kitten guaranteed to titilate and arouse? Work out your brand values and you will be well on your way to developing your brand.

Trust is never instant and neither is a brand it needs to be built over time and you need to live up to your brand values, your promise, if you do not, you will not have a strong brand therefore will not be deemed trustworthy or dependable to deliver the experience you say.

There is more to developing your brand but this is a brief overview and an invitation to you who are interested to research and start to develop that brand because if developed effectively will expand beyond your music to different areas as our earlier examples have shown.

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