By
Cynthia M. Gayton
This
is the first installment in a series on independent
labels and unsigned artists and was submitted
to Outer Sound University as part of professional
article series. Permission to use this article
may be granted by request to the author, Cynthia
M. Gayton.
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 recocommend 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
licencing agreements with each and every radio
station that plays your song. Again, copyright
registratin 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.
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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