Music Business - Advice Not Taken

Over the years I have represented a number of bands and individuals trying to break into the music business.  Most all of my clients now are established companies and artists but I am pretty sure that the beginners are still making the mistakes that they always did. 

One such mistake is ignoring the advice of the professionals they are paying for advice.  A songwriter client of mine turned down an opportunity to work with an established music publisher because his friends told him he was being “screwed” in the deal.  The songwriter had an experienced music industry manager and an experienced music attorney (me) who were able to secure this opportunity for the writer.  Very little money was going to change hands in the deal but for an unknown these days to even get a major independent publisher to pay for the demos and have their professional creative directors pitch the songs is rare.  And the deal was for a reasonably short period of time.  A great opportunity to launch a career.  And in this case the only opportunity for this writer.  In a slow music business economy I have seen established songwriters with prior hits take deals like this.  But it just wasn’t good enough for my client . . . and his “friends”.

Did I mention that none of the friends were successful music industry songwriters?  None had achieved any significant level of success in the music business.  Why then would my client have taken the advice of their friends over that of a professional artist manager and a veteran entertainment attorney?  I really don’t know the answer.  But he was dropped by the manager shortly after that and to the best of my knowledge isn’t any farther along in his career than when I last talked to him.  Hopefully he and his friends are doing well.

Sometimes it is family advice that kills the career of an aspiring artist or songwriter.  Advice from family members who know nothing about the music business of course.  I have seen it happen. And I am sure it is hard for the writer or artist to ignore the advice of those he or she loves.  The damage is not the advice - it is taking the advice over those who know better.  The poison might exist be cause the advice given is just plain wrong or ill advised.  Or it might be because the relative wants to launch their own career as a music business mogul.  Those of us in the business have seen the latter as have the general public when law suits are filed among the family.  I don’t doubt that most parents who give advice to their children are doing it out of love.  But that still doesn’t make it good advice.

Another situation that I found particularly heart breaking is the case of the artist who believed that he should hire an expensive producer to produce his first indie album solely because the producer used to be successful.  I don’t believe that should be enough.  I told them that I could get a producer for them in the same music genre for a third of the cost.  A producer who was known as an up and coming producer/songwriter in the industry.  A producer who had produced a top 5 project just the year before.  And did I mention - for a third of the cost?

The artist did not even want to listen to the work of the newer producer.  That would be fine if this had been all about the artist spending his own money for an album that he only wanted to have available to sell on his own website and at engagements.  However, the artist had no money.  The parents of the artist had no money.  But they borrowed the money to pay the more expensive producer.

That artist and his parents certainly had the right to hire the producer of their choice.  But in my opinion they certainly should not have made a decision of this magnitude without even investigating the options.  Especially considering the financial impact on the parents.  Fast forward just a few years.  Last year the producer I recommended had 4 number one singles on the charts and is in demand as a producer.  And his fees and royalties are now greater than the producer that my client hired.

As an end note, please know that I recognize and have worked with artists and writers whose friends and family know how to be supportive without endeavoring to be advisors about business specific matters of which they know nothing. Investigate your options if you have them.  Many writers and artists do not choices.  If your manager or other professional gives you advice you don’t have to take it - but in my opinion you really should give it some weight as you make your career decisions. Ultimately career decisions are yours (and should be).  Try to be smart about it!

New Blog - Solo Entertainment Lawyer

I have a new blog where I will write about being an entertainment attorney, about being a solo lawyer, and about tips, hints, practices and technologies that apply to those two.  This was started to give me a place to talk about some fun and productive things that I do, my philosophies on being a sole practitioner and in general to be able to share some of my knowledge and experience about practicing entertainment law.  I invite all my readers to visit the new blog and hopefully subscribe to it although I expect it will be of most interest to entertainment attorneys, attorneys who might want to add entertainment law to their areas of practice, lawyers who are or who are thinking about going solo, and law students. Here is the link:  Solo Entertainment Lawyer.  Let me know what you think.

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 Geffen 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 Geffens 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.

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.

Who Wrote The Band's Song?

More than once in my career I have seen arguments occur among band members over who wrote the group’s songs.  Is it the member or members who walked in the door one day with the melody and lyrics or is it everybody in the band who “played” the song the first time they learned it from the music and lyric writers?  In the situation I just described I believe the answer is the creators of the melody and lyrics.  And in fact that is the way it is normally handled – think “The Beatles”.

I realize there are different situations that might determine who the writer or writers are of an original song performed by a band.  The genre of music might be a big factor.  Or the actual collaboration process.  I don’t argue that everybody might be a writer in the situation where an entire band collaborates.  My problem is the situation where there is clearly one or two writers who do their writing away from the entire band.  In effect, they “write” the song and then bring it in for the band to work it up – and probably to do some on the spot arranging. 

So why is it then that the rest of the group feels “entitled” to ownership of those songs?  In my experience band members do not make that kind of claim until there is money at stake.  The band gets a record deal and there is also a publishing or co-publishing deal being offered – with an advance.  The advance is to the “writers” – not to the artists – the players.  Maybe the players who were not a part of the original collaboration or solo writing project do make musical contributions that change the “fundamental character of the work” (Copyright Act terminology).  But I don’t think so in most situations.  Perhaps they truly believe that the day they first heard the song and performed it means they are songwriters.  But as one band member recently said to the true writer member and lead vocalist in the band:  “I stuck by you all this time.”  That musician was saying to the writer band member that since he had not quit the band during the hard times then he should now also be considered a writer and share in songwriter’s royalties and advances.  The recording advance and all the other band sources of income were not enough.  Maybe so – but the loyalty doesn’t make him a “writer”.  Any sharing in the writer’s money will be a result of the generosity of the writer – not a matter of law.

In most situations it seems pretty clean cut.  Some examples are:  (1)  Songwriter sits down with guitar or at keyboards and writes a song.  Done.  The next band practice he plays it for the other group members and they work up the song.  (2)  Two or more band members sit down with instruments and write the song.  Same as number (1)—the band works it up.  (3)  Band Member writes the music and gives melody to another band member who writes the lyrics.  The band learns to play the song.

In my opinion just because the band learns to play one of these songs it doesn’t make all of them writers of the songs.  Sometimes jealousy and hurt feelings are assuaged by letting the entire band share in the publishing or co-publishing income. 

I know some of you are going to disagree with my take on this so please post your comments.  Tell me why I am wrong – or right.

Persistent or Pest--Pitching your Songs and Artist Demo

 Many years ago I was attending a meeting of a songwriters’ association.  The speaker, a friend of mine, had procured many major artist cuts of her songs.  She was not affiliated with a publisher and did all of her own song plugging.  She made regular trips to Nashville to network and to pitch her songs.  I have never forgotten something she said during that presentation:  “There is a fine line between being persistent and being a pest.”

Take heed young writers and artists.  If you believe in yourself and your creative product, persistence is a requirement of success in the music business.  But take care not to be a pest.  Whenever you call on an a&r person, producer, artist, publisher, lawyer, or other person with your demo, be very respectful to that person and of that person’s time.  Your goal if you do not get any interest in the product you have presented is to be invited back when you have new material and if you are lucky to learn any specifics about what this person is looking for.  I have passed on deal shopping representation of artists and writers before and they have actually argued with me about my decision.  Guess who didn’t get invited back!

Because of my blog and my website, I get a lot of requests from songwriters and artists to help them place their material or help them get a record deal.  These days I decline to represent them 90% of the time because I no longer want shop deals in this difficult music business economy.  Nevertheless, some of those hopeful writers and artists keep emailing me and messaging me on social networking sites to the point of becoming pests.  When what they really need to do is email me when they have new material and ask if I would mind taking a listen.

Recently after several email exchanges I decided not to represent a new writer because networking on her behalf was part of what was needed – and as I said, I do not want to do that any longer – for anybody.  The writer wrote me a very kind letter, thanking me for my time.  I immediately gave her a couple of names of other people who might be able to help.  She was polite and persistent over our two weeks of exploring whether we would work together.  Never was she a pest.

Getting A Record Deal - Attitude

Last year I posted about one of the requirements for landing a record deal in Nashville – or for that matter succeeding as a recording artist in any genre or label city.  In that blog I posted about talent as a requirement for success as a recording artist.  If it is your desire to get signed, be it at an independent or a major, then your attitude can also be a critical factor.

As a reminder, there are always other artists being looked at (or soon will be) for the same slot at the same label that you hope to fill.  They are just as talented as you are—but the label doesn’t have the resources to take you both.  All other things being equal, do you suppose they will sign the arrogant jerk or the person they find pleasant and that will be the easiest to work with?  This is not rocket science!

Part of a good attitude around here is not saying anything negative about anybody.  Just be a good guy or gal!  You want people to like you!  I was once helping an artist procure a recording agreement in Nashville (Back when deals were more plentiful.  Translated, before illegal file sharing.)  At breakfast with me one morning the Artist made a critical comment about another artist – one already signed and successful.  By lunch I had gotten a call from someone considering signing my artist-client.  The comment had gotten back to the person calling me!  I told the artist.  He never did that again.  In this town you never know who you are talking to or who is listening to you talk.  Even if you don’t feel it, act like you are a nice person who is happy for everybody’s success!

Attitude is not only important when in getting signed – it is equally important aftergetting signed.  More than you might realize because you’ve never heard of the artists who sabotaged their careers with their own attitudes.  Apparently after getting a deal some artists feel they can then show their true colors.  A good friend and very successful manager once told me about a certain male artist he was co-managing.  The artist was on a major label and his first album was in the stores (remember stores?) and at least one single had been released.  The artist decided he knew more than the label about selling records and announced to management that he was going to have it out with the label president.  When the managers warned him that approach might not be so wise, he retorted “They won’t drop me because they have too much money invested in me!”  So, contrary to the advice of his managers, the Artist made an appointment with the label head and let him have it with both barrels.  I probably don’t need to tell you what happened next.  He was dropped from the label on the spot and kicked out of the building.  Who was he?  No idea – I never heard of him until his former manager told me the story (surprise, surprise).  And I know of other similar occurrences – at least one of which I was involved with as the only attorney this artist used that did not get stiffed (because management paid me). 

Burning bridges, being a jerk or an arrogant ass is not going to help you advance your career.  If you think you might be one of those then get some therapy before coming to town.  It might pay for itself.

Who Decides--the Lawyer or the Artist?

A baker doesn’t ask his attorney’s opinion of which dough to purchase.  However, as any entertainment attorney knows, he or she may often be asked for opinions and advice on artist career matters which technically have nothing to do with the legalities of the decision being made.  It is a part of what we do.  I have sat in on many a strategy meeting with managers and their artists.  I am there as a consultant because I have seen a lot during my career in the entertainment industry.  And I am also there to keep an eye out for any possible legal issues pertaining to the matter being discussed.  But I am not there to make the ultimate decisions regarding of the course of action being considered.

Most artists hopefully understand that ultimately major career decisions are theirs to make.  Often a distaste for things business related and a very busy schedule will lead to the artist delegating a lot of the decision making to the team members.  This might make sense when it comes to routing tour dates, the correct quantity of merch to order, and other matters of that nature.  But large career altering decisions should ultimately be made by the artist after listening to his or her advisers. 

I do not find that delegation to me of making legal decisions for my clients to be a sound policy – and frankly that does not work for me for a number of reasons.  A very successful client of mine once told another artist “Steve does what needs to be done for you – and then he tells you he’s done it!”  Ok – I was taking care of business for a very active touring artist.  But only matters within the purview of legal “maintenance” of a successful career.  Major decisions are a totally different matter.  I recently had another successful client enter into a long-term recording agreement – not the artist’s first.  After prolonged and difficult negotiations were complete and it was time to explain the contract to the artist, I was told that the artist told the manager “If Steve says it is ok I’m sure it is.  Just let me sign it.”

No – please come into my office and let me explain where we are with the contract.  Or I will prepare a bullet point sheet of the important deal points.  But I will not make the decision for you.  I will tell you what I think.  But it is your career and your life.  The decision is yours not mine.  Personally I don’t want the liability.  And if the deal sours someday, which many do, I don’t want you coming back and asking me why I “let you” sign the contract.  But mostly I want you to have a long and successful career.  You are the CEO so you must understand the basics of your business’ significant choices and make them for yourself.

Got it?

Music Lawyer - Living the Dream

Today I feel particularly grateful.   I have been able to make a living in the music business as an entertainment attorney for 30 years.  When I was in my late teens and early 20s I used to jokingly tell my band-mates that when I grew up I wanted to be a rock-and-roll hippie musician lawyer.  One of those band mates recently said “You became what you always said what you wanted to be.”  Well, sort of.  I never really was a hippie but I was certainly in agreement with the liberal and idealistic values of my generation.  Age and experience have tempered a lot of my “rock and roll” attitudes (as well as my politics).  Nevertheless, career-wise I am doing what I always said I wanted to do.  Not as powerful and famous as I thought I might be (except occasionally in the mind of a younger me) but certainly happy and grateful that I have the skills and a client base that keeps me busy and allows me the freedom of a lifestyle I enjoy.

As I review my career path it is almost as if I envisioned who I wanted to be and then went on cruise control.  Quite by happenstance I found myself more than once to be in the right place at the right time for my career as an entertainment attorney to get launched and advance.  Today upon reflection and with the benefit of 20-20 hindsight, I believe that my journey has been in the hands of a higher power all along (rather than happenstance) although I would not recognize that for many years. 

I like what I do.  I enjoy transactional work.  I want you to hand me the contract you were given and let me apply my experience and skills to negotiate the best deal possible for you given your relative marketplace strength.  Or, if my client is the drafting party then I love preparing the first draft to the specifications given me by him or her.  The work is hard, time consuming and often emotionally difficult, but at the end of the day worth the effort.  

Today I feel particularly grateful. 

Peer Pressure in the Music Business

During my years as an entertainment lawyer I have seen music biz colleagues leave their Music Row offices and continue their business careers in in other businesses.  Without fail I later hear comments like "so and so says he is now happier than he has ever been." Makes one wonder.

While the great majority of my clients are really good people and a joy to work with, there are still the "crazies" out there. . . . the Off-Music Row (figuratively) con-men, the thugs, the disloyal, the smiling liars, truly insane - to name a few.  I have often wondered if it is really any different in other industries and have come to the conclusion that it is probably the same.  The solution for me has been to at least attempt to carefully screen clients and matters before accepting them.  Not everybody has that luxury and I am grateful that I can do that -- if I will.  I chose the life of a solo and small firm entertainment lawyer for life style considerations -- not for the money.  So it is very important for me to find peace and serenity one day at a time.  But still I wonder at times -- would it have been different had I made a career in a different industry?

I was discussing this with a friend last week.  He is the former manager of 4 major label artists, one of whom reached super star status.  Before getting in the music business my friend was an accountant at a fortune 500 company in an industry having nothing to do with entertainment.  When I queried "I wonder if it is different in other businesses" he said "The difference is that in the non-entertainment world your work is about the job . . . about achieving success in the job you find yourself in.  Whereas in the music business it may be about that but it is also strongly about the peer pressure to succeed.  It is about looking good to other people in the business -- not just about doing a great job."  Wow!  I can't imagine what it would be like to be in a world where it didn't matter if one looked successful to his or her peers. To get caught up in that lifestyle is of course unhealthy mentally and spiritually.  

The only way I know to escape this "you better be successful in everybody else's eyes" syndrome is to find the self confidence and satisfaction with where I am and the job I am doing on my own.  To put on the music biz blinders and become comfortable that I am making a contribution to my clients, my family and hopefully society.  Expensive toys are an option -- but only if I need or want them.  Not because others need to see that I have them.

Stress Free Work

For me, practicing entertainment and business law has been high stress, particularly as I have gotten busier (for which I am grateful).  Getting stress free in the midst of client needs and demands and sometimes unreasonable adversaries has not come easily for me.  To some degree my "problem" as a lawyer has been that I care about the results of my work and what happens to my clients.  That might sound a bit lame, but detachment can be a blessing if one wants to leave their work "at the office".  I remember one of the greatest compliments paid to me by a client -- a member of a chart topping rock act.  He told another musician in front of me "Steve cares".  That is all fine -- however I think my job would be easier and less stress producing if I were colder and more objective.  Nevertheless, there is a solution -- maybe more than one.  

For me stress free work has required learning skills and techniques -- and practicing them until they become ingrained.  Of great benefit over the past year has been my application of the principles found in David Allen's best seller "Getting Things Done".  That plus learning that I cannot survive without a balanced approach to life, never forgetting to nurture the spiritual and physical areas of my life.  Then -- I can find the bliss and even joy that comes with stress free work.

Getting a Record Deal - Talent

Does it go without saying that Talent is a prerequisite for getting a record deal?  Or for success as an independent recording artist for that matter.  If you expect a record company to spend millions to help launch your recording career then you best have some talent or you won't get signed.  Talent is one of the required elements needed for a successful recording career -- and it cannot be bought.  Granted, you can improve on what you have with practice, experience, vocal coaches, etc.  But the raw talent needed to be a star is a gift.  

It is sad that there are so many hopefuls who do not have talent and do not recognize that they do not. The sad part is that it is often these good people who support the "fringe recording industry" in Nashville and elsewhere.  People who are willing to mortgage their homes (literally) to pay some "producer" to make recordings for them and help them become "stars".  There is no point in telling these folks that they do not have the talent to compete.  My experience is they do not believe me when I am honest with them.  And so far I have never been wrong.  They spend their money trying to buy stardom -- and without fail they lose their money.  I might not be able to pick who will be a great star -- really nobody can for sure.  But I am pretty good at recognizing those who do not have a chance.

There are hundreds of thousands of hopeful artists with good voices, tens of thousands with really good voices, thousands with great voices, hundreds with incredible talent and unique voices who will get signed, and of those, only a very few that that will be successful enough to keep their record deal for very long.  If you don't believe what I just said, come to Nashville for a couple of days and spend some time at the bars and clubs downtown and elsewhere.  These are the people who cannot get deals or haven't yet -- or who have had deals and didn't make it.  And if the implication is not clear, most are exceptionally good vocalists.  As a friend of mine says, "In Nashville, talent is the common denominator."  So -- if you have the common denominator then keep reading my blog for a few other requirements for success.

Pondering Purpose

I suppose it is better to ramble than to have no post at all for long periods of time.  So please forgive the unscholarly nature of this post--which includes a bit of rambling as I ponder my career purpose.

What I have been thinking about over the 4-day Thanksgiving weekend is the ways I can be of service to my clients and how I can fulfill my own needs at the same time.  Music is art.  Music conveys a message.  That message for me might be in the lyrics or just the mood, emotion, remembrance or other feeling it evokes.  Supporting artists who try to bring positive messages to their listeners is one way I can personally contribute, both as the attorney for these artists and their teams and as way of fulfilling my need to make a contribution.

I have been much more active this year in representing clients in faith-based music.  Specifically, the Christian genre.  Late last year I began silently sending out prayers of emotion and strong desire that I be allowed to support the songwriters, artists and business people of the Christian music industry.  My purpose was to help bring to music listeners a positive message -- messages of hope, faith, gratitude, freedom, celebration -- all of the positive words and thoughts I can come up with and then some.

The prayers were answered almost immediately with a phone call from a young artist who had offers from more than one recognized Christian label.  Since then my service to the Christian music industry has increased and continues to increase, with new clients coming on board regularly.  For me, service and giving have to be first.  Financial rewards follow.

Isaac Hayes Passes

 I knew Isaac Hayes.  Not well, but enough to be on a first name basis.  Not well, but enough to admire and like the soft-spoken music icon as a genuine person.  I grew up in Memphis, Tennessee and was strongly influenced by Memphis music, including Isaac's home label, the famed Stax Records.  In fact, my style of guitar playing was heavily influenced by Stax's Steve Cropper and my bands always were dubbed "blue-eyed soul" groups.  I first remember seeing Isaac in his songwriting office at Stax when my own band was doing some recording for the label.  Songwriters were my heroes and high among them were Hayes & Porter who wrote many of the Stax hits, including "Soul Man".  At that time I didn't know Isaac could sing.  But he was already my hero as a songwriter.  It wasn't until I moved to Atlanta in the late 1970's and became an active member of NARAS in that city that I got to know Isaac (who had also moved to the area) much better.  He was always a kind gentleman.  He passed away this past Sunday at his home after suffering a stroke.  Thank you, Isaac, for your inspiration, your kindness and your tremendous influence on the music I loved and performed as a young man.

The Long Tail Debate

Have you been reading at all about "The Long Tail"? This is the title of Chris Anderson's new book which basically espouses the idea that while traditional marketing outlets are limited by shelf space and thus only offer the consumer a relatively small number of "hits," websites such as iTunes, Rhapsody and Amazon.com can carry a much greater number of slower-selling items. These non-hits, which make up the "tail" of the title, can add up to a big number -- maybe even bigger than sales of the hits. Check out this article by Anderson for an excellent explanation of his theory. Then for for a good start on understanding the debate surrounding Anderson's theory be sure to read Lee Gomes' criticism of ideas espoused in "The Long Tail" and Anderson's blog rebuttal. Certainly the idea of increased sales of tracks by lesser known recording artists, including independents, is an attractive one. Perhaps an idea whose time is rapidly approaching--even if not quite here yet.

It's Their Fault!

Ok--time for a bit of a rant and rave. I look at wannabe songwriter and artist message boards frequently and occasionally post. My rant today is that so many of the writers and artists who don't have deals--or have had deals and not achieved sales success--always want to blame some person, place or thing other than themselves. When in fact it is probably just that negative finger pointing attitude that is their main problem to begin with. Today I read a post at a songwriting forum by a poster who insisted that you have to be an established insider and a writer-artist to have a chance at getting a song cut in Nashville. Here's my reply to that post--plus a little bit more:

Unestablished writers get signed all the time. Some make it and some don't. Here's one example that quickly comes to mind. I represent Kelley Lovelace. I represented him when he signed his FIRST writer deal with a major about 5 years ago. To the best of my knowledge he had had no cuts--certainly no hits. Being a songwriter was not his primary source of income at that time. So he was one of those unproven writers--not "established". Some of the hits he has written since then are "Didn't Have To Be" (Brad Paisley), "Girls Lie Too" (Terri Clark); "The Impossible" (Joe Nichols), "Two People Fell In Love" (Brad Paisley). There are more. Kelley was an unknown when he signed his first deal. But he had spent time learning his craft and networking. There are many, many more who get in the door and don't get signed because they don't have the talent--and/or the honed skills. Creativity and talent is not enough. Learning and perfecting the craft is critical. And by the way--Kelley is not an artist--neither are most of the writers I represent. One of these days I will see a post where a writer says something like "I can't get a hit because I'm not good enough yet!" instead of blaming the industry, or the color of the sky, or whatever.

That's my rant and rave for today!