Rights and How Important They Are Part 1.

Today's blog is based on music rights. Many musicians and new comers to the industry are completely unaware of the importance of retaining rights. The rights I will be discussing today are as follows:

1. Copyrights

2. Publishing Rights

3. Mechanical Rights

4. Public Performance Rights.

Copyright is the right to copy, specifically, a property right in an original work of authorship including literary, musical, dramatic, choreographic, pictorial, motion pictures, and other audiovisual works and sound recordings fixed in any tangible medium of expression, giving the holder exclusive right to reproduce, adapt, distribute, perform, and display the work.

Copyright laws are governed by the copyright act of 1976. 17 USCA ss101-1332

The Copyright Act of 1976  was a major revision of the U.S. copyright law, extending the term of protection to the life of the author plus 70 years, measured from the date of creation, greatly expanding the types of work that qualify for protection, dropping the requirement that the work be published before it can be protected, making fair use a statutory defense to a claim in infringement and the preempting state common law of copyright.

PUBLISHING RIGHTS: Music publishing rights refer to who owns the rights to a song and who gets money from it. You own your own rights as soon as you've written a song, meaning if it generates any money, you get all of it. You can choose to find a music publisher if you don't have the time, inclination or contacts to make your music generate more money.

A very successful and hit musician gave up half his publishing rights for the next three years for $100,000. I will not say who bought and sold the rights, but the buyer is the one enjoying the benefits of that deal.

MECHANICAL RIGHTS: The rights to reproduce a song in a phonorecord form, such as an audiotape, or CD. The rights obtained by paying a statutory royalty, it is not necessary to obtain the songwriters express permission. 

ALSO educate yourself on Mechanical Royalties:

PERFORMANCE RIGHTS: A copyright holders exclusive right to recite, play, act, show, or otherwise render the protected work publicly.  Whether directly or by technology means. "as broadcasting the work on TV. Every public performance of a copyrighted work require authorization from the copyright owner or its representative, unless a statutory ephemeral recording exemption applies.

Questions or comments are always welcomed and will be answered.

Nick

Mom-agers & Stage Moms - The Power of Music

A momager is a mom who thinks they can manager their child through a career in entertainment.This has been a life long issue in the entertainment industry. The main issue with mom-agers is that they think they know what they are doing, when in reality they have no idea and will potentially severely damage or possibly ruin their talented child's career. For example, it's almost impossible to get the goals and personality out of a potential client when their mom is interrupting them and telling me what they think I want to hear. Chances are they are giving their child the wrong information. What you read in magazines and see on American Idol won't make you a professional in music. This industry requires experience and knowledge of all the scams, and bs games the "get fast" scammers pull. I assure you, you will need proper management to start. Get that and start with references and check them, then find a reputable attorney as entertainment contracts are made to be extremely complex and complicated, I know I review and draft them daily. Take a look at the point below, questions please ask before you get burned.

1. Nothing happens overnight
2. Be realistic, if your child cannot sing, be honest with them before you waste the time, money, and hurt the child's dreams. A vocal coach and auto tune can only do so much.
3. Find a connected rep who can direct and guide you in the right direction
4. Research studios, vocal coaches, and producers. Everyone in this town is a "producer" 99% of them produce nothing but BS. 
5. It is against the law for a manager or agent to charge an upfront or monthly fee. An agent earns 10% and a manager gets 15%. 
6. Have a reputable attorney you know and trust who is experienced in entertainment to review any contract that ANYONE gives you.
7. Finally, be prepared to spend your retirement, savings, and cash out your stocks. This is one expensive ride that will cost thousands and thousands. Do it right the first time, believe me.

 If you don't feel the soul and energy of the music, quit now and move on. The feeling of music is the key to success, once you get the chills from hearing a song, goose bumps from the vocals of such a soulful powerful voice, or that sound that comes off the violin, piano, or acoustic. No matter what the instrument or voice, if there is soul and you can close your eyes and feel it through your body, you're in the right place.

There is a feeling that takes over in the studio when the beat drops, there's a vibe in the room and everyone is bobbing their head to the beat. Some know that's the next hit. The break comes in with that perfect sample bringing it to life, the beat builds and builds, builds more, then it drops. That is the next big hit. That's the soul, and the feeling of music, the engineers and producers look at each other and know what they've created, while others without noticing are movin, shakin, and bobbin their heads to this unknown track that is like nothing they're ever heard before.

One of the greatest performers, writers, and singers of all while performing for some of his friends in 1961, Stevie was discovered by Ronnie White of the Miracles, who helped arrange an audition with Berry Gordy at Motown. As the legend goes, Gordy immediately signed the 11-year-old youngster and renamed him Little Stevie Wonder.

I've been in the studio for those feelings, I've worked and still work with a legendary attorney who's worked with Paul Simon, The Grateful Dead, Aerosmith, and many many more. I'm lucky enough to have the soul, the feeling in music, and what music can do for the soul, the sad, happy, and depressed. Music is what makes the world go around. I'm thankful everyday for having the opportunity to dedicate my life and career to music.

As always, If you have questions. Leave them as a comment and I'll respond with the answer to the best of my abilities.

Till tomorrow,

Nick

Music News - Grammys - New Sounds

Where is music going? What has it become, and what will the outcome be? Those are the things I'm going to go into during this blog entry. The Grammy awards were just a couple days and they were not what many expected. The tribute to Aretha Franklin and her 18 Grammy Awards was good. Its difficult to compare Aretha's voice to those who sing her songs.

Lady Gaga came in an egg for some reason. While some love her new track " express yourself"  Oops! I mean "born this way" and the records it's broken on i-Tunes and digital downloads many are finding her antics a bit much and annoying.

Where is music going, it seems as if we have taken a solid turn into house music. If I would have known back in Chicago that music would be like this, I would have stayed in production and mixing. I love this music, the energy and the feeling. Everyone from David Guetta, The Black Eyed Peas, Rihanna, and even Britney Spears have joined in to make great dance tracks that just a year or so ago if played on the radio would be considered "techno".  Well now those "techno" songs break digital sales records and are now the norm of pop music and it's future, for now. These new era tracks are great for the club dj who needs the beats and keep the crowd dancing. As a big believer of house/dance tracks I hope this music keeps going and stays around for a long time. 

It's hard believe that no one buys music anymore. What would happen to your daily life if you went and turned on your radio on the way to work and nothing was on the radio? What about that job you went to school for eight years to earn that degree. You're in court and you win a huge case and you go to get paid and nope, no pay for you. That's what happens when you illegally download music. You're stealing from your favorite artist. You're stealing money which is a crime/ against the law. If you cannot afford or chose not to purchase a song, you don't deserve to listen to it or enjoy it at all. Stop stealing music. Respect the artists and their hardwork, and soul that goes into each and every track. Many fans do not know that producing an album can easy cost several hundred thousand dollars, while a single can cost several thousand. Depending on the producers, engineers, the studio time, and the million other factors that go into creating one track, an artist or label is paying major money. Next time before you think about illegally downloading that song, think about all the people affected by it, and that you're breaking the law and stealing

Did you know downloading music and getting caught can lead to severe penalties and a criminal record. That charge will remain on your record can affect you getting a job, and many other objectives you have.

Think about it. Is $.99 cents worth stealing?

Feel free to comment or to ask me questions about anything.

Thanks
Nick