Music Row Lawyer (C. Stephen Weaver)

TUNECORE COMPETES WITH ASCAP, BMI AND SESAC ONLINE

 TuneCore has now formed a Songwriter Publishing Administration Services which it claims will by-pass traditional Performing Rights Societies (PROs) and speed payment to writers and artists.  All this for a $49.99 set up fee plus 10% of the funds collected.  Actually, the TuneCore website says that the $49.99 is a “special limited time offer.”  I guess that means after the “limited time” the set up fee will increase.  At the present time you must be a TuneCore distribution client to sign up for the new service.  But TuneCore says plans are to make the service available to any songwriter.

According to this article at hypebot.com Tunecore's new Service will (a) globally register copyrights, (b) collect money that is due, (c) protect and police the copyrights and (d) issue licenses.

Although it is not absolutely clear at the TuneCore website, it is my understanding that the new service is not intended to replace ASCAP, BMI and SESAC in the area of collection of performance fees from traditional radio, live performance venues, juke boxes, etc.  TuneCore will be operating in collection from the online world, significantly, from digital streaming of music.  This from the TuneCore website:  “We are not replacing ASCAP, BMI, SESAC for collecting money from jukeboxes, radio, venues, etc. But we are going to step in where there is a lack of efficiency and effort to get songwriters paid. Artists can be members of ASCAP/BMI/SESAC and have TuneCore perform its service as well.”  (Ahem . . . "Artists" may not join ASCAP/BMI/SESAC unless those artists are also songwriters or publishers.)

I am curious about how this will work in lieu of the traditional PROs membership agreements.  For example, can you pick and choose what markets BMI will collect from and exclude others?  Maybe.  If any reader knows the legal contractual answer please let me know in the comments section.  In the meantime, I will look for the answer myself.

A Few Song Submission Dos and Don'ts

            This weekend I was inspired to go back and look some of the emails I have received from hopeful songwriters.  Most were embarassingly unprofessional.  If you happen to be one of the hopefuls then let me share with you a few do’s and don’ts that came out of my review.  And I will also freely admit that there may have been a time that I violated some or all of the "don'ts" myself --fortunately I don't remember.

            DO be professional and business-like.  Most of the people you will be writing to are full-time industry professionals.  Treat them that way.

            DON’T write to an industry professional in ALL CAPs, multiple colors or all italics.  I got one email written down the page with only 3 or 4 words per line, each line a different color font.  I guess that was intended to catch my intention.  It did.  I questioned the mental stability of the sender.  The email I got in all blue italics was very long, very distracting and very hard to read. 

            DO send your best songs.  I got an email from someone who first told me that they wrote all their songs while in prison.  And?  I’m not sure why I should care where you wrote the songs.  When I pitched my own songs back in the day I don’t recall telling the person I pitched to that I wrote the song in the shower or in my bedroom.  Or maybe I did! Nevertheless, the bigger point is what the writer said next.  The hopeful (who sent 3 unsolicited MP3s) told me they were not his best 3 songs.  What!!?  Why would you send me your worst songs?  I don’t think I need to elaborate on this one. 

            DON’T send unsolicited MP3s, photos or other large files.  That makes me angry before I even read what you want.  It is an intrusion into my space that is not appreciated.  Ask first.  I almost always agree to accept submissions or at least forward them to a song plugger, although I might suggest that you use a service like yousendit.com so I can download the files myself.

            DO hire a singer.  This hopeful went to a lot of trouble explaining about the quality of his demos.  Home recordings.  I can live with that.  If the hopeful has invested in the right equipment and software the his home recordings may be very good.  However, he then explained that he sang the songs and that he cannot sing!  Seriously folks.  If you cannot sing then do not sing.  Spend a few dollars and hire a demo singer.  That doesn’t cost that much.  Why risk having your listener not be able to focus on the good qualities of your songs because they are laughing so hard at the vocals? 

             DON’T tell me that you or everybody you know tells you the songs will be hits.  That only really matters if everybody you know is a successful songwriter or a&r person.  And if they are then you probably don’t need to be writing me about your songs.  Write me about reviewing the contract you were just offered.

             If you are a songwriter I hope this was helpful.  If you are an industry professional I haven't told you anything you don't already know.

 

Copyright © 2011 C. Stephen Weaver

My Book and New Blog - Early Teaser

My Book is almost finished.  I am going back through it and cleaning up dangling participles, split infinitives and the like (my former teachers and law review editor are smiling).  The book started out to be for songwriters.  I thought I would translate an exclusive songwriter agreement into plain English which is something I sometimes do a shortened version of for clients in the course of negotiating an agreement for them.  But then I decided to comment on what the songwriters might want changed in the various paragraphs I had just translated.  Since I represent publishers also I thought I better put in a paragraph as to what the Publisher hopes to have changed in each paragraph.   And don't forget the paragraph I added explaining each translated paragraph in the agreement.  The small booklet I originally envisioned is now . . . a book!

    Now I’m not sure a songwriter would ever want to read this book.  It will probably be of more interest to lawyers who hope to add entertainment law to their areas of practice and law students who want more detail and "how-to" about this aspect of transactional entertainment law.  I guess I will find out.

    There is a new blog in my crystal ball.  It has been there a while but it seems to be coming into focus lately.  At the new blog I will write about being a solo entertainment lawyer—something I have over 30 years experience being.  I will have some fun writing about my journey and writing about technology which I enjoy immensely.  I will also talk about practicing transactional entertainment law and maybe sell a book or two.  Who knows.

 

Copyright © 2011 C. Stephen Weaver

Joe Biden Champions Intellectual Property Rights

It is rare that I will quote an article in tact but this article from Billboard further emphasizes the White House's support for the United States Intellectual property community:

Vice President Joe Biden Calls Piracy 'Outright Theft'

April 15, 2011

 By Glenn Peoples (@billboardglenn), Nashville

Vice President Joe Biden has left little doubt where the White House stands on piracy. In response to questions from Variety Biden expanded on his previous comments on piracy, revealing a determination to protect the country's intellectual property and squashed the suggestion that the fight against piracy is simply protecting outdated business models.

Here is a sample of Biden's quotes from the Variety article:

-- "Look, piracy is outright theft. People are out there blatantly stealing from Americans -- stealing their ideas and robbing us of America's creative energies. There's no reason why we should treat intellectual property any different than tangible property."

-- "The fact is, media companies have already taken significant steps to adapt their business models to keep up with changes in how we watch movies and listen to music. Content is being offered to consumers in a variety of different ways that make it easy and cost-effective for people to access legal material. Anyone who does not understand this should simply talk with one of my grandkids."

-- "I think the entertainment industry would agree that they have done a poor job in making their case and need to do better. I mean, they have some of the brightest and most creative people working for them…They should be able to come up with an intelligent, original and effective public education campaign targeting this issue. To be honest, I am not certain they have dedicated the appropriate resources to this, and I hope they will."

Biden has spoken out on piracy before. At a June 2010 press conference with I.P. czar Victoria Espinel, Biden spoke in clear and simple terms. "We used to have a problem in this town saying this. But piracy is theft. Clean and simple."

And the White House has made it clear it is taking seriously the challenges copyright holders face. A recent example is the white paper Obama administration authored in March that proposed some revisions to U.S. copyright law. Notable parts of the paper are the administration's concern that illegal streaming may not be covered by copyright law and the recommendation for the creation of a public performance right for sound recordings.

http://www.billboard.biz/bbbiz/others/vice-president-joe-biden-calls-piracy-outright-1005136622.story

 

Copyright © 2011 C. Stephen Weaver

Get Ready for Success -- You Will Have a Your Chance

When I was younger I remember driving to Nashville from Memphis to pitch a new writer/artist to Nashville music pioneer, the late Buddy Killen.  I sat in across the desk from him in his corner executive office at Tree Music Publishing which had been recently purchased from Buddy by CBS (now Sony).  Buddy graciously listened to the demo I brought to him and talked to me a bit about my client I imagine.  I really don’t remember much of the conversation.  The one thing I do remember is Buddy looking at  me and saying very emphatically “The wheel will come around.”  He elaborated that at some point the wheel would spin around and give my client an opportunity to take hold. 

We often laughed and would tell ourselves aloud after some rejection “the wheel will come around!”  But as was the case with so much Buddy told me over the years (he later became my client) what he said was chocked full of wisdom and experience.  Buddy was telling me that for the time being my client needed to just keep improving his craft of songwriting, getting better and better.  And one day he would be presented with his opportunity (when the wheel came around) and if he had prepared himself during the wait he would be given the opportunity we were seeking.

The lesson of course is get prepared, be patient -- and you will eventually have your chance.  The wheel will come around.  As for my client, the wheel did indeed come around.  He had a long run as a successful writer with a major music publisher based in Nashville.

 

Copyright © 2010 C. Stephen Weaver

Nashville Music Diversity -- Tennessean Article and Critique

On July 19th an article appeared in Nashville's daily newspaper entitled "Is Country Crushing Nashville's Creativity?"  A rather lame article in my opinion.  Some of the comments to the article are even lamer. Perhaps I am too simple, but I do not find it at all unusual that the "Country Music" branch of a major label is not interested in signing a rock artist or an artist of any genre other than Country.  Man!  "Do one one thing and do it good."  This advice was given to me a few years ago by EMI Music Publishing's Gary Overton -- advice sadly not taken.  Nashville is the home of Country, Christian and Americana music.  If someone wants to start a rock or jazz or other genre label here, you are welcome.  Just don't expect those who are paid to create and market country or Christian music to be the ones to do it.  For a very insightful analysis of the Tennessean article read Craig Havighurst's blog, "The Tennessean's Strange and Disappointing Music Feature".

 

Copyright © 2009 C. Stephen Weaver

JAMMIE THOMAS-RASSET, THE RIAA AND THE REAL VICTIMS

I still wonder at how the RIAA haters can ignore the harm illegal file sharing has done to individuals. It all heats up again as a result of last week's illegal file sharing verdict against Jammie Thomas-Rasset in the amount of $1.92 million.  A Richard Marx song was one of the 24 illegally obtained by Ms. Rasset.  Rolling Stone reports that Marx has said that he is "ashamed" that his name is associated with the "farcical" outcome of the jury trial.  He makes reference to "greedy actions of major labels who have "predominantly chose to ream the consumer and fill their pockets.”

I am not going to argue that there isn't often greed at the highest pinnacles of the the record business, the insurance business, the pharmaceuticals business, and -- oh heck -- some people are greedy!  And some are not.  So what.  

The RIAA is an industry association, charged with protecting the intellectual property of their members--record companies.  The record companies are made up of people.  The senior executives are people with families.  Many have lost their jobs as a result of several factors, a major one being illegal file sharing.  Then there are the people who make up the different departments at the labels, large and small -- major and independent.  Thousands who have now lost their jobs because of the the world-wide theft of the product they help create and market.  Most are young with young families.  They do not deserve the hate and devastation that is being thrust upon them by those who think music should be free.

And finally those who are really being hurt are the creators.  The musicians and songwriters.  The artists.  I have pretty much abandoned my efforts to help new songwriters and recording artists get deals.  It has become too time consuming and difficult as labels and publishers close their doors.  And those who are still open can no longer support the number of unproven artists and writers that they have in the past.  Most songwriters cannot get an exclusive deal unless they already have hits.  And the labels are no longer in the business of developing new artists and giving them 2 or 3 albums to get established.  It would be naive to blame all of this on illegal file-sharing.  But it is also naive to blame it all on the RIAA and the people who work in the recording industry.

Copyright © 2009 C. Stephen Weaver

For Aspiring Songwriters

My motivation for writing this blog is two-fold.  First, it is to be of service. Second, it is self preservation! Almost daily I receive emails from amateur songwriters either asking me to pitch their songs for them -- or asking me how to open doors and get their songs to successful recording artists.  The idea is that I can now refer them to this blog.  Following are my suggestions and answers for the as yet unpublished country songwriters:

 

1.  I am not a song plugger and I do not know any attorneys who are.

 

2.  Find a good song plugger in Nashville.  These people make a full-time career of opening the doors you want to enter.  If your songs are competitive then they will get them to the right people.

 

3.  Meet the publishers, the producers, the a&r people, the artists--that means networking in Nashville and becoming a part of the natural flow of the industry.  I do not mean the online publishers that prey on songwriters.  I mean the real publishers in Nashville, LA, NY and in other smaller music industry pockets in the U.S.

 

3.  Improve your craft and make connections by joining the Nashville Songwriters Association International -- and taking advantage of what they have to offer. I am not familiar with NSAI Chapters in other cities but I know they offer many priceless opportunities in Nashville.

 

4. Perform at writer's nights in Nashville.

 

5.  Network in Nashville -- your goal is to get to know the publishers and other writers--writers who are more accomplished than you are at this particular time.  Perhaps you will be able to co-write with one of them and learn.

 

6.  If you haven't already picked up on it, I strongly believe that if you are going to write for the country market then you need to spend a lot of time in Nashville.  My belief is not mere opinion -- it is the result of years of experience and observation.  Yes, you can find exceptions.  Maybe you are one. But this blog is for the rest of you.  It is about how to improve your odds.  If you cannot move to Nashville you can still make regular visits here.  Again, the idea is to increase your odds.  Go where the work is.  Go where the industry is.

 

I am sure there are many other good suggestions.  If you have any, then I invite you to share them by commenting on this blog.

Copyright © 2009 C. Stephen Weaver

Songwriting Deals - The State of the Marketplace

The Nashville Songwriters Association International has asked me to do a video presentation for its "Pro-Writers"--short for "Professional Writers".  They want my take on the current state of the the music industry for the professional songwriter.  For the absolute highest level of writers that I represent -- the Hall of Famers and those continually turning out hits--I haven't seen any real changes other than perhaps more caution on the part of the publishers in getting to the same bottom line we would have gotten to a few years ago.  However, after that things have definitely changed since I moved to Music Row in 1995.  Many writers with a good track record are without a publisher unless they have been turning out hits lately.  And I mean hit singles.  As the sale of CDs decreases mechanical royalties mean less and less to the publisher considering signing a writer who requires a regular royalty advance.  What matters most is still the hit radio single and the resulting performance royalties paid in the U.S. by ASCAP, BMI and SESAC.  At least that's the way it is in Nashville.  And then there is the new writer.  I am finding it near impossible to help a beginning writer get a songwriting deal these days unless they also have the potential of being recording artists themselves.  And that is no guarantee of a writing deal.  So except for the top tier of writers, it is a very tough market right now.  Those with the persistence and the time need to take a do-it-yourself approach, networking and pitching their own songs--until they get a cut or two which will prove to the publisher that they are a good risk and should be advanced a livable wage while waiting on their first #1.  But it has always been tough.  Maybe that should be the starting point and those times that it is easier should just be considered blessings that occasionally come our way.

Copyright © 2008 C. Stephen Weaver

Music Row Blog by Ross Suggests Solution

Today I read David Ross' blog outlining his proposal to bring the recording and music industry into the new age of technology -- a copyright fee which would be paid by all internet subscribers to their ISPs. David is the publisher of Nashville's Music Row Magazine. The copyright fee, at a hypothetical $6.50 per month per internet connection, would total $12 billion per year. This would go into a general fund to be divided in some manner between music publishers, songwriters, record companies and songwriters. There would be no more need for individual licenses to websites. That's it. All music on the internet would be "free" to the users except for the fee paid to their ISP. Simple.

Perhaps my hesitancy is simply due to ingrained principles of capitalism. The "fee" feels like a copyright "tax" to me. And David states that the way for his plan to come into being would be through legislation. I like the plan! Yet, I remember as a youth hiding under my school desk, hands over my head, waiting for the air raid sirens to go silent. These were the drills children in the 50s went through on a regular basis because of the perceived threat of imminent attack by the communists and socialists. So I suspect that David's solution is bringing back some fears and doubts regarding whether we should adopt such a socialistic plan. Sigh. Or is it my seemingly inherent belief that if somehow if Government gets more involved, the "solution" will become just another entangled bureaucratic mess?

Whatever my problem is I am struggling to rise above it and have an open mind about what could be the best answer on the table for my beleaguered industry. So--I remind myself of the swimmer-in-the-river analogy. If I am not a good swimmer (which I am not) and I am dropped in the middle of the river my natural tendency is to panic and flail and splash–and sink! However, I am told that if I relax and lie back, I will float — and perhaps survive. As I ponder our industry, from my perspective there seems to have been a lot of panic, flailing, splashing–and sinking (I refer you to the continuing plunge of CD sales). David’s approach is to quit fighting, lie back and go with the flow–then perhaps we will all survive. Yessiree -- that has a strong appeal. Now--if I can just quit listening to those echos of air raid sirens. Thanks David.

Copyright © 2008 C. Stephen Weaver