Music Row Lawyer (C. Stephen Weaver)

Sean Parker Blames Labels For Spotify Artist Royalties

    At SXSW in Austin this year, Sean Parker attempted to explain that artists are not receiving a much money from his company, Spotify, because their labels are ripping them off.  Parker states that by the terms of the artists’ recording agreements the labels are getting the bulk of the take from Spotify.  In making the bold and apparent omnipotent statements on stage in Austin Parker went on and predicted a war between artists and their labels.  "There's blood in the water for labels” Parker stated.

Recording Agreements are drafted in favor of the labels because the agreements are drafted by the label attorneys.  This is not a concept unique to the recording industry.  It is assumed in any business or other endeavor that the drafting party will have the agreement slanted in their favor.  Hello-o!  The idea is that the other party will then negotiate the agreement and insist that certain provisions be modified to be more reflective of their interests.  Not all recording agreements are the same—especially after negotiation and weighing all the factors that give one party or the other leverage.  I have been practicing entertainment law over 30 years and have negotiated and seen enough to know what I am talking about.  Parker hasn’t been alive much longer than that. 

Oh – and are we really supposed to pay any attention to Sean Parker’s excuse for his company not paying artists enough?  Laughable if not astonishing at best.  This is the guy whose first business success was based on not paying artists anything for use of their music (Napster).  What a joke for him now to point the blame finger at somebody else for his continuing methodology of screwing artists, songwriters, producers, musicians and others in the recording industry.

Here’s a bit more reading: 

http://www.wired.co.uk/news/archive/2012-03/15/sean-parker-spotify-blood-water

http://www.hypebot.com/hypebot/2012/03/sean-parker-theres-blood-in-the-water-for-labels-over-spotify-royalty-payments.html

http://digitalmusicnews.com/permalink/2012/120322emi

Content Providers Wage War Against SOPA

Today I sit here at my desk, just one cog in the wheel, working hard to help support creators and marketers of intellectual property - the culture of our society.  I am saddened by the theives that believe music, movies and literature should be free - and so just take it.  I am saddened by the enemy - the tech industry that is willing to totally destroy American culture and its creators so that they may fatten their wallets.  This morning I read this article in the Wall Street Journal.  What was particularly upsetting to me were the reader comments.

America has long been a world leader in its protection of authors and inventors.  Copyright has been the underlying foundation of that protection.  Now I read more this morning about the power brokers that want to destroy that system and the thieves and fools who are buying into it. 

The latest battle is over the proposed legislation known as SOPA (Stop Online Piracy Act).  This bill strengthens the enforcement of copyright protection by requring internet providers to assist in the battle by banning pirate websites, etc.  That is a very light treatment of the subject and there are definitely some problems with SOPA - such as a big due process issue.  However, the tech industries are telling the public this is a ban on freedom of speech.  If you want to read more about SOPA and the war against creators and their industries just google SOPA - oh - and when you go to google you will find a black banner.  Click on it and you will see Google's diatribe about SOPA.  If you want to read more about the position of those who support the fight against the pirates the visit the website of Fight Online Theft.

Oh Holy Right to Copy Your Work!

    This week we learned about the Swedish based file sharing group that received official government recognition as a religion:  The Missionary Church of Kopimism.  The official website encourages free copying and downloading.  (I call it “theft”.)  This group (membership reported at 3,000) meet, copy, remix, and generally infringe copyrighted works that they deem to be religious or spiritual.  The “church” members refer to themselves as “Kopimists” – get it?  “Kopi” – “Copy”.  In an article published at Torrent Freak, Pirate Bay founder, Rick Falkvinge, states that “In the case of this religion, the preachers are defined as the ones facilitating holy copying (and remixing).”

Some are speculating that being a religion could complicate the gathering of evidence in a copyright infringement – such as some sort of confessional privilege, including Falkvinge.  That might work under Swedish law which I am not qualified to comment on.  (If what I read is correct Swedish authorities grant any organization status as a religion that claims to be a religion.)  But I don’t believe this maneuver will work in most of the free world. Will it be that simple to upend the entire worldwide copyright system?  I doubt it.  I suspect if challenged any religious defense will fail as a sham.  Just my opinion – I certainly don’t want offend anybody’s religious sensibilities of course.  Since Kopimism has nothing to do with any God – or anything except the right to freely share copyrighted movies and other content – I doubt I have offended the personal spiritual beliefs of the 3,000 members.

I wonder what they share instead of wafers and wine while downloading, sharing and viewing the “Rocky Horror Picture Show”?

My Entertainment Law Career Gratitude List

As a part of my morning pages I always do a short gratitude list.  I find it a good way to start the day.  Today’s list was primarily about my career so I thought I would share it with my readers.  Here’s the list.

1.  I am doing exactly what I wanted to do and am getting paid for it.  When I was in college I would share with my band mates that my ultimate goal was to be a hippie musician entertainment lawyer.  Ok so I am not a hippie (never was really) and much less of a musician than I was then.  But I am an entertainment lawyer which was my goal when I entered law school.  My school had no courses in entertainment law or even copyright until I petitioned for it.  I have been lucky – blessed is a better choice of words – to have achieved the goal, including beginning my career with one of the eminent entertainment attorneys in the U.S. – Joel Katz.

2.  I am able to help others in my career.  I have never been solely motivated by money although I do expect to be paid for my skills and experience.  My soul would not be at peace unless my work was in someway helpful to others – and I believe that what I do is.

3.  I can keep doing what I do as long as I have a clear head.  Now that I am in my early 60s my law practice is not slowing down.  In fact it is growing.  I am grateful that I can keep doing this as long as I have sharp mental capacity.

4.  Technology has enhanced my practice.  While technology has closed doors to some, in my case it has enabled me to be more productive in my career.  I not only can work faster I am able to offer my services at reasonable rates.

It is the nature of the holiday season that most in America give some thought to what they are grateful for.  With that in mind, I have one parting thought.  Gratitude should go forward.  By that I mean, if I am grateful for someone or some thing I should show that in some way by sharing with others.

Happy Thanksgiving!

Music Business Education - Lefsetz Misses the Point

I just finished reading Bob Lefsetz article entitled "Negotiation".  He begins the article by quoting Irving Azoff at the Pollstar Awards:  “There’s no one in this room I haven’t screwed.”  The implication being this is what you need to do to succeed in the music business - and that it is a good thing.  Lefsetz then engages in a rant about the uselessness of music business education.  His argument seems to based on the belief that all music industry students have a career goal of being top power brokers and entrepreneurs in the business.  Many do I imagine but probably not the majority.

Having been an entertainment attorney for 30 years and a music business educator early on, I believe it is an accurate statement to say that my students and the students I know today do not all aspire to be at the top business pinnacles of the music industry.  In fact a large portion aspire to continue their path on the creative side of the music business and major in music business in college to learn more about the business workings of their chosen creative career path—not to become a powerful entertainment attorney, manager or record executive.  Where else could a college student meet and hear speakers from the highest levels of all areas of the music industry?  Where else would a college student have so many opportunities to intern at major labels and management companies?

And as far as having a business career, I can attest to the fact that many of the top leaders in the music business here in Nashville are graduates of the music industry degree programs at Belmont University, Middle Tennessee State University and other universities around the country.

Many of the people Lefsetz lauds as the people all students should praise are not people most of the world would want to emulate.  And for those who do, then yes, I will agree that a music business education may not be the path.  One might be better off getting the degree in entrepreneurship – or no degree at all if you have found your passion (as Steve Jobs and others suggest).  But to think that everyone wants to be like Azoff, David Geffin and others is ridiculous in this day and age.  There are many who choose a simpler life – some based on spirituality or values other than amassing power and wealth. We need the Geffin’s and others who built our industry.  But without the artists, the writers and the others there would be no industry.  So don’t assume that the goals and aspirations of those who Leftsetz admires are the goals and aspirations of the rest of us – including all music business students.

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

Artists and All Others: How to Handle Unanswered Emails and Voicemails

I just re-read a very informative blog post by Peter Bregman in the Harvard Business Review entitled “When Your Voicemails and Emails Go Unanswered, What Should You Do?"  This is an excellent read for any professional, business person or creative artist. 

            Even though I rarely pitch artists and songwriters to labels and publishers, it is not unusual for me to get emails from people requesting that I do so.  They hope I will listen to their music or songs – or both.  And then present their material to labels or publishers.  Incredibly, sometimes I get emails or calls back the same day asking if I have listened yet!  I can be a bit forgiving because I assume this person really does not have any concept how busy lawyers and others in the music business are – and as I understand it in most any other business.  But even if I accept their lack of business etiquette (and sometimes downright rudeness) as understandable, I nevertheless do not accept them as clients.  I cannot represent everybody and attitude is just as important as talent, ability to pay, etc.  So when I get emails or calls from people who show impatience to this degree, it helps me eliminate this prospective client quickly on the front end.  And I certainly would not want to send someone like this to a label or other industry gatekeeper with whom I have a trusted relationship.

            Now – perhaps more importantly for my artist and songwriter readers:  A&R executives, producers and others in the business are just as attuned to who is going to be trouble for them and or their company to work with and all other things being equal, it helps eliminate one CD from the stack of submitted demos piled high in their offices.

            Like the author of the Harvard Business Review Blog, I have experienced the same frustration with unanswered emails and voicemails.  And I have also violated the patience advice I am giving to you.  So I need to remind myself of the advice given in the HBR Blog.

 

Copyright © 2011 C. Stephen Weaver

Illegal File Sharing - A P2P And TorrentFreak Rant!

Ok - I got my dander up this morning! I'm not sure what that means but the grandparents used to say it!  :)  I read a post and comments at TorrentFreak which defends illegal file sharing.

I am stunned that there are so many artist haters out there--I am referring to the comments to the TorentFreak post.  I'm not stunned that most haven't a clue as to what they are talking about.  This is why I can usually ignore the childish rants of the criminals who post in support of music and film theft.  A lot of the commenters are blaming the U.S. - what a joke.  Most don't even know that most of the major free countries of the world have been ahead of the U.S. in the protection of intellectual property and protecting the culture and art of their respective nations.  The U.S. had to change the term of protection to life plus 70 in order to be a part of the main copyright conventions of the world.  Congress doesn't have to encourage creation of arts and inventions by providing copyright and patent protection.  The constitution merely gives them the authority to do so. And so they do.

I will give them this one - the theives have put a lot of artists out of business so they can pat themselves on the back for that.  This is the human factor.  I know this because I talk to the artists and represent them.  I now see songwriters with track records of several number one hits who can no longer get a publisher to subsidize them through the tough times.  And my younger clients who hope to be able to follow their dreams never get the chance because the record labels sign so few compared to past years.  Remember - it takes over $1 million to launch a new artist in the country genre and certainly more in mainstream pop - and most of the time even that kind of exposure does not mean success.  The math is simple - less dollars at the labels = less artist signings.

These losses are not all caused by theft.  Some are caused by the legal use of technology - the ability to download single tracks rather than purchase albums.  This is legitimate -- a change in the marketplace which requires adaptation by those whose primary purpose is to disseminate the product.

There has always been and will always be crime.  It is just the nature of some members of humanity.  That's why we have laws and law enforcement.  Rest assured that the elected leaders of our country will not take actions which will destroy our culture and artistic community.  And the business structure around music and film will make adjustments and adapt to the world that we live in today . . . . and tomorrow.

Today's good news:  According to research conducted by the NPD Group, P2P filesharing is on the decline.  Check out the story at Music Row.

 

Copyright © 2011 C. Stephen Weaver

Majors Labels Are Still Best Choice for Super Stardom

            Paul Resnikov penned a recent post regarding what I often tell my clients.  And that is if making the biggest national and/or worldwide impact as a new artist out of the gate is your objective, your best chance is still with a major label.  They have the money, the staff, the know-how and the connections that most indie artists do not.

            True, the majors have a bad rap – mostly for the behavior of their 1950’s predecessors and for their attempts to stop the theft of their multi-million dollar assets by illegal file sharing.  Majors are far from perfect.  But I’m not talking about perfection.  I’m talking about increasing your odds of becoming a huge success in the shortest period of time.

            The indie life offers many more options than ever before.  I also tell my clients if they like running their own show they can certainly make a good living as an indie and can enjoy artistic freedom.  But those discussions have nothing to do with the odds of achieving super star status.  Sure an indie can do that – but what are the odds compared to the latest artist being financed, groomed and backed by a major?  

            Speaking of odds, what are the chances of even being signed by a Major?  Slimmer and slimmer everyday.  Becoming an indie artist for most is the only option.  For most of todays’ new artists who want to be with a major label, the best option is probably not to sit around waiting for an offer from one of the big companies.  The best option is to create your own sales history and fan base while also pursuing the major deal.

In my own career as an entertainment attorney I have chosen the life of an “indie”.  I am a solo practitioner and have been for all but two years of my career.  I love it.  What I have given up is the guaranteed income offered by large law firms and to some degree more “fame”.  My choice and I do not regret it.

            As a reminder, I define “Major” as a label with major label distribution, its own radio promotion staff (at a minimum) and the ability to finance a national launch of their artists.  Here is Paul’s original article “If Major Labels Are Bleeding So Badly, Why Are They Still Creating the Biggest Artists?”

 

Copyright © 2011 C. Stephen Weaver

Happy New Year (Not Making Resolutions)

            Welcome to the New Year everyone.  I have been trying to get regrouped and to get back to work.  I’m making progress but not there yet.  This time of year I reflect, review and then do some scaled down version of planning ahead.  In my yearly review I ask myself a number of questions, most of them suggested by the folks at davidco.com.   If you do something similar don’t forget the positive.  Put on your review list the good things that happened in 2010 – the “successes”. 

             I don’t usually make “resolutions” for the coming year.  Those are often too black and white and often overly ambitious for me.  Instead I try to think about beacons to live and work by.  This year, my primary guiding words are “Consistency” and “Productivity”.  I hope to be more consistent this year in the good things I already do and those I aspire to do.  For example – everybody’s favorite – exercise.  I already get on the treadmill 4-5 days a week and meet with a trainer 2 days a week.  However, sometimes my “5 days a week” on the treadmill is really 3 days.  And my strength training is 1 or no days.  You understand I’ll bet.  So my only “goal” this year is to strive for consistency in all areas of my life, such as exercise.  I also want to be more productive.  I know that we all need down time only I hope to be more productive more often and to improve my focus when it comes to getting things done.

            Happy New Year!  May your dreams come true in 2011.

 

Copyright © 2011 C. Stephen Weaver