Music Scam Alert!



Music Scam Alert!
by Sue Basko, esq

Two recent major music scams are operating out of New York City. Both are aimed at the Black hip-hop or rap crowd and are being done by Black men. Both scams are taking place on the internet. The scammers are reaching out to people on social networking sites, such as Linked-in, Reverbnation and other sites.

Scam artists work by selling you a dream -- a dream of easy fame and fortune. Before you sign any contract or agree to any deal, or upload anything online or click any online agreement or terms or contract -- have it checked out by a lawyer.

People tell me they cannot afford a lawyer, and yet the same people are contemplating sending hundreds or thousands of dollars to some scam on the internet. How does that happen? The scam artist is very skilled with flattery and also with making you believe you two are planning something wonderful and secret together. Talking to a lawyer, especially talking to me, might be a big downer because I am going to tell you the whole thing is a scam and there is no magic money out there just calling your name.

Scam #1 - "MUSIC MANAGEMENT scam " (I am purposely NOT naming the name of the man/ company running this scam. I want him to stay online until authorities stop him.) He says he is "Def Jam A&R," or other A&R, a music producer, a guy who can get you "signed" with a big record label contract. He uses typical drug dealer hip hop imagery, such as a photoshopped pic of him standing in a dark luxurious room. Under the chair is a box overflowing with money and two assault rifles. You are supposed to believe this is a legit businessman, and some people fall for this.

What Happens: He tells you you are wonderful and he wants to sign you to a management contract. He gets you to send him money, supposedly for services. He says he will write you a press release, but all his own online stuff is misspelled and with sloppy sentence structure. He says he'll make you a website, get you photos, and find you a record deal within 6 months. He says you can pay extra money to have your video on his website.

What to Do: Don't Send him money. Don't sign any contract. If you already did, talk to a lawyer, report it, or just move on and get wiser.


Scam #2 - "TOUR scam " - A guy reaches out to you and asks you to "audition" to be on a tour with some very famous music acts. Then they say you have to pay significant money to "lock in" your spot. The whole thing is fake and they are taking people for thousands of dollars. Word is that one of the men working the scam is a convicted rapist. So beware.

What to Do: Don't give them your money. Don't deal with them. Report it to police asap. If you feel more comfortable doing so, report it instead to IC3, the internet crime complaint center.

What the Two Scams Have in Common: Reaching out on the internet, using famous names to lure you, making you "audition" or send in music and links and say you are competing, possibly making you pay money each time you "move up" the audition ladder - meaning they take you for higher dollar amounts in increments. There may be "contracts," and they are terribly written and contain no actual names or contact info of the scammers.

How to Avoid All This: Never sign a contract or get into a deal without consulting first with a lawyer. If you think you can't afford a lawyer, how is it you can afford to send money to a scam artist?

Demo Music/ EPK:
What to Include/ Leave Out



Demo Music/ EPK - What to Include / Leave out
by Sue Basko, esq.

Demo Music is the sampling of your music that you use to try to get a manager, agent, lawyer, recording contract, booking agency, etc. The music you place on this demo will make it or break it for you. You can be ruled out in under 10 seconds. You can be ruled out on the basis of the cover photo alone. If you make it past the photo and 10 seconds, you actually have a good chance of getting someone to listen seriously to the first 5 seconds of the first 4 songs. If they make it that far, they might be interested enough to listen and get in contact with you.

Some places still want a CD, so you will have to burn some demo CDs. You can get these from a dupe place or do them at home. The most important things are the quality of the music and the main photo.

MANY places deal only with lawyers or agents. If you send anything yourself, it gets tossed in the trash or deleted. There are legal and practical reasons for this.

Most places don't want a CD, but want you to create an EPK page with music player and have your lawyer or manager or agent send them a link. An EPK is an "electronic press kit," meaning it is online, and includes mp3 music, jpg photos, a bio, links to press, and videos. You can get a free page on Reverbnation or Bandcamp. Neither of these is ideal, but the music players are good, so they are okay. I suggest a Soundcloud page, because the sound quality is good and the player is excellent. But there is no place for photos and bio. SonicBids would be good, but it has no direct URL to the EPK. Myspace used to be a good choice, but it is too messed up now. Do not use it as your EPK.

In theory, you could link to your own music website. I only once saw a band website with a good enough music player and a cohesive enough design. That band is booked solid, mostly from the website. It's the Ivas John Band. Their site was designed by a small company is Carbondale, Illinois. Note how well the site works. If yours does not work as well as this, do not subject a potential dealmaker to it. Check out their Upcoming Events page. It's always full. It's because they market themselves well. When they show up, they look and sound as they do on the website. They are polished music professionals. They may not be famous, but they are consistently working making music. If you have a site that functions this well, include it as your link. If not, use Bandcamp, Reverbnation, or some such site. Just be sure that to listen, a person is not required to join, have an account, "like" it, join a mailing list, or any such thing. To test this, log yourself out of the site, come back, and see if the music player is fully functioning for all songs. Make sure it is set so each listener each time can hear each song in full without joining or doing anything. Otherwise, do not use that music player as your link.

I love this website for We Are Augustines. It creates such a vibe. It is somewhat hard to maneuver -- to get to the desired song, see the whole Story, find the right lyrics. But it brings you deep into the sound and vibe of the band right away. You see this website and hear the songs and you know they are about something important and genuine.

WHAT TO INCLUDE IN YOUR DEMO MUSIC:

1) Pick your 4 best songs. Of those 4, one should be a cover song.

2) Think of music as textures. Choose songs that have interesting texture in the first 10 seconds. You need to capture the listener immediately.

3) Pick songs that sound different from each other.

WHAT NOT TO INCLUDE IN YOUR DEMO MUSIC:

1) Do not have any dead space. I have been given demos where the song did not start until 12 seconds in. Do not let there be even one second of silence at the head or tail of any song.

2) Do not include any introductions, audience sound, shout outs, producer shout outs or announcements. And especially do not include any songs that include such things within them. This is the mark of an amateur. If you say "So and so Productions" in your song, it sounds dated, amateur, and ghetto.

3) Do not include any songs that start with a long musical intro or build-up. The interesting part of the song must begin right away. People who listen to samples of new music constantly do not spend 20 seconds getting into the right ambient mood to hear your song. They click it off.

4) Do not include any songs that start with sound effects such as waves, city sounds, crickets, coughing, dogs barking, crowd sounds, etc.

5) Do not include any songs that are extra long or extra short.

6) DO NOT include any song that is not in your current repertoire.

7) If you are looking for a record label or agent, or anyone that will represent you, include only music that has been recorded within the past two years. This simple thing always astounds me. I am looking for people making good music NOW, as is everyone else. Don't show me what you did in the past. Show me what you are doing now. If you are not doing anything now, do not waste my time.

CHOOSING YOUR MAIN PHOTO

You should have one main photo for your band or self as an artist. This photo should be on the demo CD cover and the main photo of the EPK. This photo should show what you are all about. You can be ruled in or out based on the photo. It should look like you and give the right vibe for the music you make. The photo you choose says so much about you.

Obviously, the best ways to look are: Physically fit, stylish for your genre, appropriate for your genre, like you put some effort into it. If your photo does not reflect your music genre, you need a new photo. Urban pop should not look ghetto thug. Alternative country is different from country rock, which is much different from country. Pop dance is different from electronica. Work with a photographer that understands this.

Also, use a photo that was taken within the past 6 months. I have people send me photos taken 2, 5, or even 10 years ago. They tell me they still look the same. Well, no, you don't.

VIDEOS
The best videos are recent, live, unedited performances. These show that you can in fact play your instruments and sing in person. If you are doing this in front of a happy audience, so much the better.

Other good videos are one or two music videos, if you have any.

Videos that are not good to include are: Old performance videos that show people that are not in the band now; videos with bad audio; videos with bad picture/ lighting; videos that show anything questionable; heavily edited performance videos.

WRITING A BIO

I have read some of the most ridiculous bios. They're too long. They're misspelled. They include details no one cares about. No one cares where you went to high school or when you first started playing guitar. No one really cares who influences you. No one wants a list of all the bands you were in since 6th grade. No one wants to know about your struggles with addiction, prison stint, or the bad car crash. Keep it your little secret.

Keep your whole bio to 4 sentences maximum. Tell where you are from, what kind of music you make, a bit about your recordings and shows, and a nugget of interest. Shorter is better. Keep the audience wanting to know more, not laughing about the details you have included.

Think of a short description ( a few words) of who and what you are and include that. Examples: Electronic pop from London. Nashville Country singer. Rebellious Teen Girl Rock. Harmonizing Acoustic duo. Chicago Blues Legend. Dixieland Jazz Band. Electronic Dance DJ. Jazz Trombonist. Suburban Hip-hop Schemers. Scratchers and Synth.

PRESS

It is nice to include some links or quotes (depending on the format) to press or reviews. The more prestigious the source, the better, but any nice review will do, even if it is from Itunes or a blog. The quotes or snippets you choose should give the essence of you and your music.


Child Singer Scams



Child Singer Scams
by Sue Basko, esq.

Today, there are many ambitious children (and/or their ambitious parents) wanting to be famous singers and/or songwriters. They've seen the TV character Hannah Montana and her real life counterpart, Miley Cyrus, or Taylor Swift, or the Jonas Brothers -- and they imagine themselves with that kind of fame. For every dream, there is a scam just looking for suckers.

EMAIL (the names of the people and websites have been removed)

Hi,
Today I was contacted by someone from --- (a website using “casting” in its name) claiming that she saw my daughter's video on --- (a website / Facebook selling Skype acting “lessons” to children) and YouTube and that she works with --- (a website claiming to be of a supposedly famous music producer), someone by the name of R------ who is interested in producing and writing original songs for my daughter, who is unsigned. She talked to me at length today about his interests and told me there is an upfront fee of $5000 (deposit 1k included in that price) for the investment on our part. She claims it is to pay the song writers, recording studios, personnel, etc and that he would cover all other out of pocket expenses if we paid the 5k. Sounds really fishy. Have you heard of them and are they legit or a scam?

LET'S LOOK AT THIS:
There are a gezillion studios that will record you singing a song for $5000. Of course, most will do this for far less than $5,000. The twist here is that this producer is supposedly famous and supposedly has great hit-making credentials and supposedly has listened to this child sing online and wants to record her so she can be famous, if the parents fork over $5,000.

REALITY CHECK #1: The websites give no addresses or phone numbers. They don't even list a last name for R---, the supposed producer. There is no way to check them out, check out their company, check him out, etc. How do you know this is not just a con artist waiting for you to pay your downpayment of $1,000, never to heard from again?

A base level thing I look at in websites, to judge the professionalism of those involved, is to simply READ the website. These two websites were loaded with misspellings, poor grammar, and misuse of words. They seem to be written by someone that flunked out of 4th grade. Okay, so R--- is so famous, but cannot do basic writing and cannot pay a public relations person to write for him? Use your sense. If it looks stupid, it IS stupid. One of the hallmarks of scam emails and scam websites is that they are so often written this way.

REALITY CHECK #2: One of the websites says it is of a talent agency. It does not give its location or phone number. Talent agencies are licensed and are usually only allowed to operate within the state of licensure. When we check the state registry where this family lives, there is no license for this talent agency. It is just a fake.

REALITY CHECK #3: Although R--- claims by implication (photos, songs playing, video montages that juxtapose a photo of him with a photo of a famous singer) that he has important credentials, none of this pans out when you check it out against other sources. He's the only one that knows he's famous. He's the only one that knows he has recorded with famous people. He's the only one that knows he has won awards.

REALITY CHECK #4: All of his credits are very vague. If he said "I was the Chief Engineer on (name of album or song) recorded by (name of singer) in (year) -- you could check that out.

REALITY CHECK #5: It is very easy to make any level of singer sound kind of okay for a pop song sound. You just add a lot of reverb, overdubs, autotune, put in a lot of backing vocals. I personally can do this using ProTools or Garage Band. It does not take a recording genius and it does not cost $5,000.

REALITY CHECK #6: A recorded song is a beginning. What are you going to do with it? How are you going to market it? Ark Entertainment, a company that sells such recording services to parents for their tweens, recorded Rebecca Black singing "Friday." She and the song became famous because it was touted as "the worst song in the world." A lot of money was made by people checking it out to see just how bad it was. Rebecca Black now has a starring role in a (very terrible) Katy Perry music video.
So much money was made that Rebecca Black's mother is now fighting over it with Ark.

What shall the next young girl singer do? Claim that her song is even worse than "Friday"?

What I am getting at is that any level of singer can record a pop song, but the song cannot make money without marketing.

And a child cannot be a star unless they:
a) live in or near Los Angeles to be a pop singer, or Nashville to be a country music singer;
b) have natural charisma;
c) can perform in person to put on shows;
d) have a repertoire of songs;
e) have at least one parent willing and able to spend full-time on making the child a star;
f) have plenty of cash to spend on this goal.

REALITY CHECK #7: In the situation above, the girl had pretty looks with average presence and skills and the voice of a 12 year old beginning to play guitar and sing. In other words, she was average, a beginner, a typical 12 year old with a budding interest in playing music. If she works on her skills and develops over time, she might one day be ready to perform for an audience. My advice was for her to take singing lessons and guitar lessons and practice really hard for a few years, then try playing some local open mics that allow kids, and in a few years, see if she is ready to record. Then, the family can find a recording studio and producer that match the kind of music the girl likes to make, at a price they can afford.

Young fame that is earned is for those truly talented beyond the ordinary. The story is that Justin Timberlake sang in perfect harmony and danced to the radio at 2 and a half years old. Taylor Swift began writing songs at age 12 and developed a huge Youtube following. Miley Cyrus began her professional career at age 9 and began heavily auditioning at age 11, to win the Disney role of "Hannah Montana" at age twelve. Her career is full-time hard work. Part of the reason she was picked by Disney is because her father agreed to play her father on the show, and thus, be present to oversee her on a regular basis.

IS your child really star material? If you appear to have money to spend, many people will tell you that your child is star material. Flattery is an easy way to your checkbook. The idea behind every scam or con is that you are being offered something a little too good to be true.

These "child star" scams have been going around for decades - for modeling, acting, and singing. They start when you get an email or letter stating that your baby has been referred for being beautiful and could be a model. Today with the internet, it is easier than ever to find and contact scam prey. You have been chosen, you are so lucky, you have such talent, you must agree and pay us quickly before we give this chance to someone else.

WHAT TYPE OF SCAM? The scenario above could be simply a flatter-fame scam, where the parents are being sold a fantasy, and where the recording studio exists, the parents pay their money, and the child records a song.

OR -- it could be a situation where it is a total a scam, the parents pay their money and the studio and producer do not even exist and "someone" runs off with $5,000, or at least with the $1000 deposit.

That's how this one sounded like it would go down. The producer did not have a last name, there were no addresses or phone numbers. Only a sucker would send off $1000 to something like this.

SINGER-PRODUCER SCAMS FOR ADULTS: Maybe these are scams. Or maybe it is just marketing. But this is how it goes: A singer or rock band has some music up online. They are contacted by a person saying that a famous producer wants to work with them, record their music: It is the chance of a lifetime. You will go on to fame if he records you. You will be signed with whatever record label you want if he produces your music. It won't be cheap, but it will be worth it.

My advice on picking a studio:

1) Have a music lawyer check out any such deal and any contract.

2) Work with a producer/ studio whose work you know and love. If you are not familiar with any producers and do not have sounds you like and sounds you do not like, you are really not ready to record.

3) To get ready to record, listen to a lot of music. When you hear sounds you like, try to look up the credits to find out where it was recorded and who worked as the engineer, producer, and mixer. Go to the websites of different recording studios and listen to their music samples. What do you like or not like?

4) Look into local studios, wherever you live. There may be a wonderful place close to home.

5) Record at home. You can do this with a computer or basic equipment. Or make singing videos with a little video camera. Practice, practice, practice. This will get you ready for a studio.




Manager vs. Agent


Manager vs. Agent
by Sue Basko, esq.

For more info, please see:

Manager vs. Agent: What's the difference? A manager helps guide a career, but does not get work for the client. An agent is the one that gets work for the client. Procuring employment is the dividing line. In California, this is a line clearly drawn in law, backed up by Labor Board cases that are somewhat shocking and counterintuitive. Music managers who did well for their clients, doing things at their request, later found themselves the subject of proceedings meant to take their earnings from them.

In this post, I talk about managers being unregulated. Managers are regulated in the sense that they cannot engage in the activities reserved for agents. If a manager procures employment, negotiates a show contract, negotiates a ticket price, etc., the manager is then (in most states) illegally acting as an agent, and can then be subject to the penalties of doing so, which can be very harsh.


Under California law, an agent must be licensed and follow the California Talent Agency Act. Music managers that procure employment in violation of the Talent Agency Act can find their management contracts void -- or more currently, severable. They can also be subject to disgorgement of their earnings. Until recently, the disgorgement was for all the money earned by the manager; just lately, the rules have changed and the disgorgement is only for the acts of procuring employment. Still- that's pretty harsh. The idea is that the State strictly wants anyone that helps anyone in the entertainment fields secure work to be licensed as a talent agent - and they will strictly punish those who do otherwise. If you are considering being an agent, you must be licensed by the State and follow the law. If you are thinking of being a manager, you must know the law, which is quite complex, to be sure you stay within the legally allowed duties of a manager. If you cross over into the territory reserved for agents, you can find yourself in great jeopardy.

Conversely, if you are a musician or other person employing a manager, you also ought to know the law, so that you are cautious never to ask a manager to do anything that can be construed as procuring employment for you. You want to be fair, right?

In Illinois, talent agents are considered employment agencies, licensed by the State, and are subject to a special provision in the law for "theatrical employment agencies," which covers any kind of employment as an entertainer. Illinois entertainment law is not nearly as developed as California law, simply because there is so much less entertainment business being conducted in Illinois. Bear in mind that any entertainment activity taking place in California follows California law, even if the entertainer and/or his representatives are from outside the state.

The New York talent agency law is very similar to the Illinois law. Both require contracts to be pre-approved by the State, rates to be approved and posted, contracts made in triplicate with the employee/client given a copy, assurances by the agency that the employer has not failed to pay an employee or left anyone "stranded" in the past few years; Illinois specifies 2 years and New York specifies 5 years.

By "stranded," the law means leaving anyone in a different location without transportation home. That may sound antiquated, but I am aware of a performer to whom this happened just this year. A big new magic show supposedly planned a tour, promising employment to performers and crew, but the tour never materialized. At least one contracted performer quit her job and travelled to a different state to be in the show, only to discover the magic show tour was not happening. She was, in fact, stranded -- and jobless and homeless, too.

The interesting thing is that when I had read the contract for my client, a man who was to be on the magic show crew, I could tell this show tour was never going to happen. I could tell that just from reading the contract. It was obvious to me from the contract that those running the show did not know what they were doing, were unaware of the laws to which they would be subject (their first shows were to be in California), and that the whole thing was never going to happen. I told my client this from the get-go. I also warned him that if the tour did take place, and if he did work on it, to protect himself against being stranded by always carrying his identification on his person, and always having enough money on him to get home. Also, have a cell phone that will work where you are going. If going to a foreign country, keep your passport with you at all times.

There was no agent involved in offering the contracts for the magic show. The show ran ads and potential employees responded and were interviewed. If there had been an agent involved, the agent would have been responsible for checking out the past record of the magic show producers. However, as a new show producer, the magic show probably had no past record. Be aware that it can really be useful to work with an experienced lawyer, because they may be able to sniff out, as I could, that things were amiss. I could tell, just from the contracts, that the group had never run a large-scale show or tour, and that there were many laws and provisions they were unaware of. Among other things, their beginning itinerary was not even set. How would they be booking locations and selling tickets if they did not even know where they would be? I was able to give my client awareness and protection. There are many forms of protection available for the performer, but it is up to the performer to make use of them.

The legal provisions regarding agents protect you, the entertainer. In order to find you work, and collect your pay for you, and divvy it up, the person has to follow strict legal provisions. These laws came about as a remedy to assist the entertainment fields, since so many actors and musicians were ripped off by those who were supposed to be caretaking of them. And -- a good agent is there to protect you from unscrupulous employers. Using an agent gives you a double wall of protection. Using an agent and a lawyer gives you a triple wall.

If you want to move on up with your career, you must find people (manager, agent, lawyer) that know the California system and operate by those rules and laws. Otherwise, you are a hot potato. California is where most of the popular music and movie industry resides. You must be working with people that know the system, otherwise you will do things wrong, legally and practically, and harm yourself or rule yourself out. Remember -- if it is taking place in California -- even if you are from elsewhere -- it goes according to California law.

Californians are very protective of their system, especially of the agency system. Many or most agents are lawyers by training, and for good reason -- the entertainment field is complex and requires a huge amount of legal knowledge.

In California, when working with movies, agency law is supplemented by provisions set forth by SAG (Screen Actors' Guild) rules and contracts, if SAG actors or a SAG production is involved. When dealing with screenplays, the agency laws of the State are supplemented by the WGA (Writers Guild of America) rules and contracts, if a union writer or production is involved.

So what does a manager do? A manager guides your career and advises you. What are some of the basics to look for?

1) A manager must be located where you are. If a manager is in a different city and wants to work with you, the manager will ask if you can move there.

2) A manager should be able to help you get an agent, so you can get work.

3) A manager should have a limited roster of clients and not be spread too thin.

4) A manager should not charge you money upfront.

5) A manager should present a contract that is fair and within the law. Always have the contract checked out by a music or film lawyer (depending on if it is for a music or actor manager).

6) A manager should have top-notch organizational skills, writing ability, computer skills, good phone skills, and should be able to connect with people.

7) A manager is not an agent.

8) A good manager will work closely with a lawyer, who will negotiate contracts for you.

Warning: I have seen a lot of management contracts. The vast majority of them are confused and illegal, attempting to practice agency outside the law. I have seen some contracts that are shockingly unfair. Because managers are unregulated, this is the area that has all the loose-cannon screwballs in entertainment migrating to it: They cannot be agents, so they choose to be managers. Don't rush. Get a lawyer. Use caution.

A good manager is golden. If you have a good manager, you can concentrate your time and thought into your art. Also, a manager guides, and this is important, especially for young musicians and actors. Some of the best managers are women, due to having such skills as attention to detail, ability to relate with others, and office/computer skills.

Where does a lawyer come in? A lawyer can procure you a recording contract. A lawyer can help get you an agent. A lawyer can help get you a manager. A lawyer can negotiate the contracts on all these things as well as on gigs, recording contracts, etc.

Are you confused? Just remember: A manager is unregulated and advises you. An agent is regulated and helps you get work. A lawyer negotiates deals and contracts and can procure and negotiate a recording contract.

Sound Exchange:
Can Make You Money



Sound Exchange Can Make You Money
by Sue Basko, esq.

If you are a songwriter, you register your songs with a PRO (ASCAP, BMI) to collect royalties.

If you are a FEATURED ARTIST on a song, or the MASTER/ COPYRIGHT OWNER of the recorded work (such as a record label or an indie musician), you should register your songs with SOUND EXCHANGE to collect royalties for play on streaming services such as Sirius Radio.

It is FREE AND EASY to register with Sound Exchange! (Free is everyone's favorite price!)

WHAT IS SOUND EXCHANGE? I am cutting and pasting this directly from the SOUND EXCHANGE website:

SoundExchange is an independent, nonprofit performance rights organization.

SoundExchange is the non-profit performance rights organization that collects statutory royalties from satellite radio (such as SIRIUS XM), internet radio, cable TV music channels and similar platforms for streaming sound recordings. The Copyright Royalty Board, which is appointed by The U.S. Library of Congress, has entrusted SoundExchange as the sole entity in the United States to collect and distribute these digital performance royalties on behalf of featured recording artists, m

IS THIS FOR REAL? Yes! I have had several musicians tell me that they get good money from Sound Exchange. Of course, your music must be getting play time on the platforms covered by Sound Exchange. And you must be a featured artist on the music and/or the owner of the sound recordings/ copyright on the recordings themselves. And -- you must register! This does not happen automatically and no one else does it for you!

Sound Exchange is a major tool that every musician, performer and everyone in music business should know about. Get yourself in gear and go check it out.

STEPS ON HOW TO TO MAKE MONEY FROM SOUND EXCHANGE:

1. RECORD MUSIC. Be a "featured artist" on the music, as defined by Sound Exchange.

2. AND /OR: Be the owner of the masters/ copyright on the recordings of the music. This is different from owning the underlying intellectual property, which is the song composition and lyrics.

3. DO NOT SIGN YOUR OWNERSHIP OR RIGHTS OVER TO ANYONE ELSE. Before you sign ANY CONTRACT, have a music lawyer read it and advise you. Make sure this is a lawyer that actually has studied music law, practices it, and knows it. Music law has many terms and practices that are quite complex.

4. Try to get your songs played on the platforms that are covered by Sound Exchange. Once your songs are being played, you may qualify to make money.

5. Register the songs with Sound Exchange, as a featured artist and/or as the owner of the masters.

6. Keep your contact information up to date with Sound Exchange.

Success stories to share? Please email me: SueBaskoMusic AT gmail.com






Toward a new Record Label structure:
Part 1




Toward a new Record Label structure – Part 1
by Sue Basko, esq.

In this series of essays, I am going to explore the goal of formulating an “ideal” structure for a record label that works for both the artist and the label.

To understand the aim of creating a new style of record label, one should first have a basic grasp of how old style record labels were/ are structured. There is, of course, much more to it than this, but here is a crash course:

The basic contracts of old style record labels works like this, in a brief and condensed version: 

The record label provides money and services, connections, clout. The record label is basically a lender to the artist, but a lender that controls how the money will be spent. The usual contract gives the recording artist some upfront money (an advance) and sets out amounts that may be used for recording, promotion, tour support (for when a tour is losing money and needs help to continue), distribution, etc.

ALL of this money is recoupable from the sales and royalties on the music. Some contract aspects can be reimbursable; I have seen more reimbursables appearing in contracts. (Recoupables are repaid from sales and royalties and disappear if the contract ends; reimbursables are outright loans and are to be repaid in cash. 

Great caution should be used by the artist before accepting a contract with reimbursables because these can be structured in such a way that they impede the artist from ever making money.) In exchange, the record label takes partial ownership of the royalties from the songs/ songwriting, takes ownership over the sound recording masters, has final creative control, has control over how the money is spent, does the collection and accounting and disbursements.

With such contracts, in most cases, most signed artists make no (or almost no) money beyond the advance and are let go after the first contract or sooner. The artist has then lost control over the songs that were part of that contract. The label banks on a few artists to sell very well and provide years of music and income. An artist can be top-selling and still paying back the money.

Under the old contracts, the record label did not involve itself in two aspects – concerts and merchandise. This was where the artist made money. Now, sometimes the contracts do include such things. If the label is helping to book and promote the show and / or is providing help in designing and making merchandise, it can be a fair trade-off.

One of the main functions of the old style record labels was/ is gatekeeping. The record label chooses which acts it considers marketable. Today, anyone can record their own music, have CDs made and sell downloads online. There is no gatekeeper. This results in the creation and dissemination of some splendid, eye-opening creative music. It also results in piles and piles of mediocre or even horrible music.

Ideas for a new style record label:

First, new style record labels are also gatekeepers, as are the traditional labels. A new style label must be even more of a gatekeeper, since so few can be let in. I have been told by owners of new, small record labels that they must deeply love the music and the artist; they must feel passionate about making the commitment to promote the music.

Second, new style record labels usually have very little money. Many or most cannot provide the artist with an advance. The advance was a loan anyway, but it was a loan most musicians direly need.

Third, new style record labels do not have the money to “break” a record into the broadcast commercial radio market. However, such radio is largely being replaced by music on youtube, online radio, personal music services, mp3 players, phones, etc. Airplay on broadcast radio is still golden; it is rarely accessible by the indies.

When a big record label offers a contract, many/ most artists jump at the chance. For most of them, it means a short ride on a fun carnival-like ride, and they are left none the worse for it. They lose their songs, which can hurt badly. They can be left feeling used, spit out, dumped, and out on the street looking for a new record label – or a new way to conduct the business of their music. But all in all, they generally have a few fun years, make some good connections, and have some very formative experiences.

The artists dumped by labels (which is the vast majority of them) are left in a situation where they have to either start a different career or figure out a way to restructure their music career so that it is longer-lasting. That is when many get the idea, “Hey, I think I will start my own little record label.” My observation has been that most have no idea what they are doing; the complex areas of music law, business, and accounting are antithetical to their creative nature as musicians. They could hire appropriate help, however, most do not.

Fourth, there are the considerations of what the artists want. My observation is that most artists today want these things:

1) To retain ownership over the songs that they write;

2) To retain the right to copy and distribute their recordings (masters), even if a record label refuses to or is unable to;

3) Creative control on what songs they write and record and how they are recorded and mixed;

4) Some control over how much money is spent and on what. A big example is that an artist that home-records may wish to keep doing so and may not want to be forced into an expensive studio. Another example is that most artists wish to choose their own producer or mixer.

5) Some control over their own image. Most artists do not mind input from a stylist. However, there are record labels giving male rock bands matching haircuts, turning natural-style women into sex kittens, and making suburban rappers look ghetto. Most artists want their performance persona to at least resemble their actual persona. Being oneself also leads to integrity in public appearances.

6) To make some MONEY.

7) To tour and do appearances in a way and on a schedule that is at least humane.

8) To have a music career that lasts and grows with them.

I am going to take this list and see how it might be made workable by a record label with a new structure. I am exploring; I do not have any pat answers.

Please look for the follow-up posts where I address these things. Thanks.



How to be a Street Performer at Fisherman's Wharf, San Francisco


How to Be a Street Performer at Fisherman's Wharf, San Francisco
by Sue Basko, esq.

Fisherman's Wharf in San Francisco is one of the most beautiful locations in the U.S. to be a street performer. The area is full of tourists and people happy to see a good act -- and to tip accordingly.

The Port of San Francisco has a unique dual-tiered program for street performers at Fisherman's Wharf. You can be an unlicensed street performer and take hour and a half time spots on a first-come first-grab basis. Or you can be a licensed street performer and be allowed to reserve 3-hour time slots. The license sounds like a good idea if you are a regular at the Wharf, but it is expensive at $500/year or $50 month. In addition, one requirement is that you must pay for insurance. They have a shared group insurance that is about $250/year. It excludes certain types of acts, including acts with animals. It does not exclude fire performers, which is great since fire acts are so popular now.

To me, it sounds as if it would be worth being licensed if you plan to perform at the Wharf for at least a couple months - because you can book the choice time slots and locations. I also suppose the better acts will be licensed. However, if you cannot afford the license or do not want to be bothered, you can simply show up and vie for an available slot.

Rather than bog you down with details, I will just post the links here:


As far as street performing in the rest of San Francisco, it seems to be legal, but some performers complain of being chased off. Who knows- maybe they are noisy or inconsiderate. The Entertainment Commission of San Francisco does not issue licenses. The only area that is organized and optionally-licensed is the Wharf.

Universal City Walk Hollywood
How to Perform There



Universal City Walk Hollywood- How to Perform There
by Sue Basko, esq.

Universal City Walk near Hollywood, California, is private property, so there are not street performers as such. But Universal City Walk does choose and pay performers.

Who They Book: Alternative, rock, jazz, Latin and pop acts.

PAY: Performers are paid $250 for a 45 minute set. Performers can sell merchandise and keep 100%.

Support: All performing acts will be provided audio support, production crew, security, operator for huge outdoor screen, marketing, and publicity


How? Universal City Walk uses Sonic Bids to pick its acts. Click on the link below.

DEADLINE TO APPLY: OCTOBER 31, 2011.


What is Universal City Walk? It's a tourist trap that is free to enter, but where everything is high-priced. It's a beautiful well-kept place where families or groups of friends go for an afternoon or night out walking around and spending money. It is loaded with shops, attractions, restaurants, movies, etc. And there are performers. City Walk is known as a great place to catch free outdoor concerts. People usually love City Walk and have a great time -- it is a casual destination. Of course, competition to perform at such a place is fierce, and you will have to be a family-friendly hip act with a top-notch show to even stand a chance.

What is Sonic Bids? Sonic Bids is an online site where you can register as a performer and have a page that includes your full EPK (electronic press kit), including music, photos, bio, a list of needed equipment, past shows, set list, press, etc. Sonic Bids charges a fee and also charges for most submissions. I do know of musicians who have been booked for many gigs through Sonic Bids. I know of others that say they were never booked. They key seems to be persistence and having a professional presentation.




Sean Giovanni, Nashville Music Producer
Balcony TV Nashville


Sean Giovanni, Nashville Music Producer/ Balcony TV Nashville
by Sue Basko, esq.

The Record Shop is one of Nashville's new creative, up-and-coming recording studios. Sean Giovanni is The Record Shop's owner/ music producer/ recording engineer.

Giovanni also runs Balcony TV Nashville. Balcony TV is an internet music show that brings in well-known musical acts to do one acoustic song apiece out on a balcony overlooking a scenic part of a city.

 Balcony TV was founded in 2006 in London and has since been franchised worldwide to Dublin, Hamburg, Poznan, Brighton, Auckland, Paris, Brisbane, Edmonton, Rennes, Prague, Toronto, and Mexico City. Nashville was the first U.S. city to have Balcony TV, and has been followed by New York and Austin. I love Balcony TV!

Sean Giovanni offers these insightful answers to my probing questions:

Please explain your business. You have The Record Shop -- which is a recording studio, right? And you do Balcony TV Nashville. And what else?

I own The Record Shop Recording Studio in Nashville, Tennessee. After working as a freelance engineer and producer for several years, I decided it was time to open my own facility. My goal was to create a relaxed, creative environment that focused on the artistic vision of my clients. The Record Shop is a multi-purpose production facility that features a diverse selection of instruments, microphones, analog gear, and recording spaces. One of my main objectives when working on a record is to capture the sonic direction of the artist through creating the right vibe with a great performance. Having my own facility allows me the flexibility to take the time to get it right without "worrying about the clock."

In addition to producing records, The Record Shop also offers a wide variety of services to assist our artists in successfully developing and promoting their work. We offer video production, website design, graphic design, and marketing. Rather than making the studio a "one-stop shop" for these services, I sought out to develop a team of creative minds that could work together collectively, in order to provide excellent service at an affordable rate. In doing so, we are able to not only give our artists a great recording, but also offer the tools for them to promote the record effectively.

In an effort to offer our artists a valuable opportunity to promote their music, I developed a monthly on-line music show called The Record Shop Sessions. The Record Shop Sessions, streamed on youtube and our website, features in-studio performances and interviews from a wide variety of artists. As the show began to develop, I ran across an award winning on-line music show called Balcony TV

Balcony TV showcases performances and interviews shot from balconies in 16 cities around the world. I saw this show as a unique opportunity to help spread the word on the incredible music community in Nashville and abroad. We recently celebrated our one year anniversary of Balcony TV Nashville and the show has continued to grow as a leading outlet for new music on-line.

What makes The Record Shop special?

I believe the dedication to the direction of the artist is an important aspect of what The Record Shop has to offer. We have all the fancy equipment, but maintaining a clear vision of what the artist is seeking to achieve through their recording is invaluable to the process. I start every project with a series of pre-production sessions where we discuss the sonic vision of the material, work out arrangements, and allow everyone to get a feel for the studio. By the time we begin recording, everyone is on the same page, and we are able to focus on capturing the best performance. I take the time to get things right, so when we run the playback, the artist hears exactly what they were hearing in their head when they envisioned the material.

Why Nashville?
The first time I visited Nashville, I was instantly drawn to the creative atmosphere of the town. Everywhere you go, there is music being written, played, or recorded. There are countless, hard-working musicians and artists constantly creating. Great songs are at the heart of any great recording, and Nashville is a songwriter's town. The creative energy here is truly inspirational and keeps me going day in and day out.

With the amazing music community in Nashville, comes a high level of competition. While the struggle to stand out amongst the crowd can be overwhelming to some, this challenge has driven me to continue to put my heart and soul into every project I produce. However, there is also a sense of "family camaraderie" in Nashville that is not often seen in such a competitive industry. Nashville has a small town vibe with big city opportunity. I have been blessed to have the support of a few influential people who could have easily brushed me off, but went out of their way to lead me in the right direction. The flood last year was a great example of the selfless personality of the Nashville community. Many people were devastated by the damage of the flood, but everyone still came together in support of one another and the common goal of making great music.

Tell me a little about your life and background. What led up to where you are today?

I grew up outside of Detroit, Michigan, a city with a legendary and diverse music scene. My father is an eclectic fan of music. As a kid, he introduced to me to a wide variety of music. I was always interested in the way that the "organized noise" that created music could inspire such deep emotional response. This interest led me to write poetry, which turned into songs, and eventually I mowed enough lawns to purchase a Tascam 4 Track.

I have to leave something for the autobiography haha....so for the abridged version, I experimented with recording music for a few years. When it came time to go to college, I ventured to Minneapolis, Minnesota, where I attended The Institute of Production and Recording. During my time in Minneapolis, I began working my way up as an engineer at a couple studios in town.

Before graduating, I took a trip out to Nashville and knew right away that it was the place for me. However, after interviewing at every studio in town, begging to make coffee and wrap cables, I was told I was "overqualified" (which translates to, "you're not receiving college credit from Belmont").
It was looking like I was out of luck, but I was fortunate enough to keep at it and I eventually got in touch with studio manager, Pat McMakin. While Pat was unable to get me an internship, he did offer me some valuable advice about getting your foot in the door in Nashville. Inspired by his support, I continued to record demos in my apartment on Music Row and continued to build my network around town.

I began producing a local rock band called Stonecrossing, who introduced me to studio owner, Pat Holt. Pat was kind enough to allow me to utilize his facility during downtime. I finally had a commercial facility to work out of and eventually began picking up freelance sessions at several facilities around town.

During this time, I began to collect an assortment of equipment that would soon become the back bone of The Record Shop. Over the next few years, I had collected enough gear to open my own studio and I began searching for a room. After a few months, I found a room built by producer, Mark Burchfield. Formerly, Watershed Recording Studio, this room would become the home of The Record Shop in December 2009. It has been a great journey so far and I'm excited to see what the future will bring.

I love Balcony TV. How has your experience been so far?

Balcony TV Nashville has been a very rewarding experience for everyone involved. It has been really cool to have the opportunity to provide such a valuable outlet for the Nashville music scene. Our videographer, Rev. Jay Leal, of Rebel Rev Productions, does an amazing job at capturing the vibe of the performances. Our hosts, Crow and Melissa Montgomery, bring a fun personality to the episodes. The engineers, Art Lindman and John Constable are a great help in bringing the sound of the show to life. It's a blessing to have such a great team to help make the show happen.

This year, we have branched out to cover music industry events as well. In January, we went to Anaheim, California for the NAMM show. We covered a variety of exciting new products and had a chance to interview a few legends in the industry such as: Andy Johns, Alan Parsons, and Victor Wooten. We were also invited to cover the behind the scenes preparation for the Grammy Awards. Seeing the rehearsals and preparation for the show was amazing.

What are some of your favorite moments in your work?

Goosebumps...the moment when the last note of a song is ringing out and I look around the room at everyone standing there with chills, knowing that we just got the "magic take" What a feeling! I had the privilege of recording vocals with a legendary artist a couple weeks ago, and as I glanced through the glass during the final take, I felt the emotion radiating from his performance, I was reminded of why making records is the only thing I've ever wanted to do with my life. The ability to spend every day creating something that will live forever is truly a blessing. I often refer to a quote from philosopher William James that sums it all up, "The best use of life is to use it for something that will outlast it."

Tell me about indie musicians in Nashville. What is the situation?
The story of Indie music in Nashville is interesting. There are a number of killer non-country acts in Nashville, but they have a hell of a time building a local fan base. More often than not, most of the crowd is other indie bands. haha You could take any one of the top indie bands in Nashville and send them to any other city and they would tear it up. But put them in Nashville and they get a subtle round of applause from their peers.

There is a saying that Nashville is a great place to develop a project, but eventually you have to take it somewhere else to break through. Now there are obviously exceptions to this rule. There are some great indie bands that have found a way to gain a strong following in Nashville, but it is usually short lived unless they take the show on the road at some point.

I think the relocation of many notable indie and rock acts to Nashville is starting to help put the indie scene on the map in a larger scale, but while Nashville is a diverse music town, the good ol' boys of country are still holding up the fort for the most part. That being said, there is still great indie music in Nashville and it is a great place to develop a project.

If a new singer songwriter wants to come to Nashville and play some open mics or showcases, which ones do you suggest?
There are countless open mics around Nashville. Some are good, some are great, some probably shouldn't be happening. The best way to find out what works for you is browsing the web or picking up a copy of The Nashville Scene. Songwriters can find listings of upcoming open mics and check them out to see if they would be a good fit. Open mics are a great place to network and hone your craft as a performer. However, its important to be on top of your game. Nashville is a small town and word spreads quick, good or bad.

I believe co-writing is equally as important as hitting the open mics. If you want to become a great songwriter, surround yourself with writers that are more experienced than you are. Nashville is full of opportunities to develop your songwriting, its just a matter of making the effort to meet the right people.
A very successful writer in town told me, "If you want to be a great writer, write a song everyday. Most of them might be horrible, some of them will be ok, but a few will be amazing. Eventually the great songs will start coming out more often."

It’s just a matter of making the effort to improve your craft and learning to see experiences around you as songs. Depending on your writing style, the Nashville way of doing things may not be for you. Contrary to what some "associations" may tell you, there are no rules to songwriting, only guidelines that have worked in the past. The best way to find your voice in Nashville, is to experience all that the Nashville songwriting community has to offer and decide what resonates with your own creative direction.

What are your favorite microphones and why?

My favorite microphone is whatever sounds best on the instrument for the current song. One of the great things about the creation of music is that there are no rules. I enjoy experimenting with different combinations of signal chains, placement, and instruments to create unique sounds when a song calls for that, or I'll stick to the standard options if not. I really dig the warmth of ribbon mics on a lot of things and generally lean towards vintage mics when extra character is called for.

What is your philosophy of music production?
Great Songs. Proper Preparation. Mindless Execution.

Great recordings begin with great songs. Sometimes artists have a hard time revisiting a song after it's written. I've found that many times, if it feels like something is missing from a tune, if we look at the lyrics, phrasing, etc, there may be some minor adjustments that could take a song from being good to great.

It may be Nashville brainwashing me, but I need to "feel" the words to fall in love with a tune. Don't be scared to rethink the second verse or find a stronger line to tie the bridge together. Just because you wrote it already, doesn't mean its the best that it could be. "Hallelujah" took Leonard Cohen five years to write, sometimes the right words take a few revisions.

Unless you are a jam band, proper preparation is key to great studio performances. The intensity of this preparation can vary greatly depending on the vibe of the project, but in my opinion great recordings are more likely to come when the artist is clear on where the song is going to take them. This doesn't mean that every note has to be methodically planned, but a basic outline of the direction can go a long way in capturing the magic take... and avoiding the drummer throwing his sticks at the guitar player.

When you can play the song without thinking about it, you're ready to make a record. Too little planning can make for a difficult day in the studio, but too much thinking can also take away from the natural feel of a song. The goal is to find a balance, where you are comfortable with the tune, but don't have to think about what comes next. Let the song take over, get lost in the moment, and the audience will follow along. When I look out into the room and see an artist opening their eyes, returning from the journey they took while performing the song, I know we've got the take.

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Contact Info: Giovanni

Therecordshop1@gmail.com