Have
you thought about having your own independent record label?
Home recording studios, access to the Internet, and local
distribution networks are making the independent route more
successful. In addition, major labels are now using independent
labels to break new acts. Once an independent label establishes
a good reputation and carries successful local acts, major
labels are more willing to negotiate fair deals with the artists
because of their proven success. Listed below are some of
the main reasons why artists do not try to establish their
own labels. Hopefully, this article will encourage you to
do so, and give you the tools to create a professional and
successful product.
1.
I don't have any money!
Maybe
you don't, but you must know someone who does! Music may be
a life force for you, but to almost everyone else, music is
a business, so you will have to present your desire to have
a professional recording in business terms. Your family, friends,
etc. want you to succeed - so you can move out! If you're
serious about your music, create a proposal, short, sweet,
and to the point. Set out at least 5 different things you
want to do with their money.
a.
Pay for production costs.
b. Pay musicians.
c. Pay recording costs.
d. Pay for advertising.
e. Pay for distribution.
Do
some research and figure out what these things will cost.
Billboard magazine's classified section will give you an idea
about costs for various services. These prices are nationally
competitive, but don't forget your local business people!
They may be able to provide you with more personalized service.
Having a local service person also enables you to keep an
eye on progress. It is hard to manage a production process
across the country. You now have a basis for a budget. Your
investors will love it!
2.
I don't have enough material.
Start
out with a single - 7", cassette, or 12". The DJs
still play vinyl. You need a product, and this is still the
most economical way to put out your product. There are not
many companies that still work with vinyl. However, Disc Makers
(1-800-468-9353 or www2.discmakers.com), Europadisk, Ltd.
(212-266-4401), and Rainbo (310-829-3476 or www.rainbo.com),
still do. Their prices are reasonable, and the results are
professional.
3.
I don't have a steady gig.
This
is a tough one. But it is infinitely tougher to promote you
and your band without a product. A professional looking recording
speaks to potential employers. They realize that you are a
serious business person, as well as a musician.
4.
I don't have distribution.
Unless
you have signed with a major label, you will have to use other
methods to distribute your recording. Independently owned
music stores may be willing to take your music on consignment.
The independent record label for which I do legal work, Ritual,
Ltd., has been lucky to have major record stores agree to
carry its product. Ritual has been able to place its releases
in several independently owned record stores, as well as HMV
and Tower Records. You have to be willing to go out and make
these connections, or have someone else do it for you. It
is a lot of work, but once you have established the relationship,
the next time you want them to carry your product, you know
what to do.
I
would recommend that you contact something like The Local
Music Store (www.localmusicstore.com) to see if you want to
be affiliated with an online catalog distribution organization.
There is a nominal fee, but artists distributed through this
medium have an important opportunity to become acquainted
with the distribution side of the business.
You
can also try to get your music distributed through other independent
labels. The music publication, Pollstar, lists both major
and independent labels. You may want to contact some of them
about your music. If you decide to distribute under your own
label, be sure to list your company with Pollstar.
5.
I don't have an agent.
See
the answer to question one. Get friends, family, etc. to front
for you. Make sure, however, how you want to be known. If
you are a writer, don't let your sister talk to potential
employers about how you've always been good on the recorder.
Specify the industry and area of musical expertise you want
them to concentrate on. If you want commercial work, don't
send someone out to promote you at clubs.
6.
Don't have a manager.
If
you have access to the Internet, make an inquiry. There are
a lot of students willing to try their hand in the music business.
Otherwise, put up some ads at local colleges and universities.
Take your time when you finally make a decision to hire a
manager. You have to be able to trust this person with a significant
part of your career. Once you decide to hire a manager, make
a contract with him or her for a percentage of the business,
or a flat rate. Make this agreement very clear. If possible,
have an attorney draw up a contract for you. If you can afford
an expensive manager - go for it. If not, find someone who
is enthusiastic about you and your music.
8.
I don't have recording equipment
Home
recording is becoming more an more popular, and equipment
quality is more professional. If you can't afford to buy the
latest equipment, or if there is a particular sound you want,
try to get spec time in a studio. You may want to make arrangements
to record during off hours. You can offer to sit in on a session
for one of the studio owners' personal recordings. If you
know the equipment, offer to barter your expertise for recording
time.
9.
My music is not copyrighted
If
the music is original and fixed (that is, recorded, printed,
etc.) on a tape, on a printed score, etc., then it will be
covered by copyright laws, both in the United States and in
most foreign countries. For the best protection, however,
you should register the music with the U.S. Copyright office.
Call 202-707-9100 and ask for Circular 56a (copyright registration
of musical compositions and sound recordings), Circular 1
(copyright basics), and forms PA (to register register a song
or other musical composition) and SR (to register a sound
recording). It is much easier to prove that you created and
own the work if the government has a copy of it, and you have
a certificate of registration. As of this date, (October 17,
1997) it only costs $20.00 for each work.
10.
I don't have an agreement with any music licensing organization.
If
you want your music on the air and you want someone to collect
publishing royalties, etc., you need to get together with
ASCAP, BMI, or SESAC. Otherwise, you must be willing to negotiate
separate licensing agreements with each and every radio station
that plays your song. Again, copyright registration is a must
for these organizations in order for them to track and verify
ownership of your works. ASCAP only asks you to pay for membership
as a musician, if they actually collect fees for you. If you
publish on your own, they charge an annual fee.
--------------------------------------------------------------------------------
Wasn't
that easy? When you take that first step, a whole new world
opens up to you - it's quite an accomplishment to get a product
off the ground - and no one can take that away from you.
--------------------------------------------------------------------------------
This
Article used with permission
Resources:
1. Disc Makers publishes a free handbook called "Guide
to Independent Music Publicity." Their number is 1-800-468-9353.
2. The
CMJ New Music Monthly has a publication which features a compilaiton
CD of up and coming artists. For a fee, you can request that
your new recording be placed on an upcoming release. Each
contribution goes through a screening process before they
tell you whether or not the recording is suitable for their
monthly compilation. Ken Park is the marketing director. He
can be reached by e-mail (cmj@cmjmusic. com) or by regular
mail (CMJ New Music Monthly, 11 Middle Neck Road, Suite 400,
Great Neck, NY 11021-2301).
3. Want
to put your music online? The Internet Underground Music Archive
(IUMA) will put up a sound-bite, a description of your band,
and a graphic display for about $150.00 per song. They can
be reached at: http://www.iuma.com/IUMA/index.html. Jazz artists
can put their music online through the Jazzline. Their website
is http://www.jazzonln.com/Clients/JazzOnln. You can also
send them e-mail at jazzonln@netcom.com.
4. Radio
HK is a new satellite radio station which can be accessed
through the WWW. If you have the necessary software, you can
listen to music in real time on your computer. Their website
is: http://www.hkweb.com/radio.
5. Licensing
organization addresses:
ASCAP
www.ascap.com
1 Lincoln Plaza
New York, NY 10023
212-621-6000
BMI
www.bmi.com
320 W. 57th Street
New York, NY 10019
212-586-2000
SESAC
156 W. 56th Street
New York, NY 10019
212-586-3450
6. You
can request copies of the Copyright forms listed above through
the Internet in three ways: 1) telnet locis.loc gov, 2) gopher
marvel.loc.gov, or 3) WWW http://lcweb.loc.govcopyright.
--------------------------------------------------------------------------------
1997,
Cynthia M. Gayton, Law Office of Cynthia M. Gayton
If you
want to copy this article, but don't want to pay a licensing
fee, please ask permission.
Thanks.
--------------------------------------------------------------------------------
Cynthia
M. Gayton is an attorney based in Arlington, Virginia.
Her practice concentrates on intellectual property law and
small business organization. She has drafted contracts, participated
in artist negotiations, and filed Copyright applications in
the entertainment and computer fields for several years. In
addition, she has written articles for Portfolio, a newsletter
sponsored by the Washington Area Lawyers for the Arts (for
which she is now a volunteer attorney), and won first place
on behalf of The George Mason University School of Law for
the 1993 Nathan Burkan competition sponsored by ASCAP. She
is a graduate of The George Washington University and received
her Juris Doctor degree from The George Mason University School
of Law.
Cynthia
M. Gayton
Law Office of Cynthia M. Gayton
2111 Wilson Bouelvard, Suite 700
Arlington, Virginia 22201
phone: 703-351-5071
fax: 703-351-9292
Cynthia_Gayton@CompuServe.com
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