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!

Songwriters (and Artists) - Don’t Shoot Yourself in the Foot

I recently came across an article entitled “10 Things Not To Do In Nashville”.   The article contains a lot of advice I have given to Songwriters in my posts over the years.  It also contains advice I have not given.

For the still aspiring songwriters in the world, I thought I would share the article.  Let me know if you agree or disagree with what you read.  Click here and read on.

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.

For Aspiring Songwriters

My motivation for writing this blog is two-fold.  First, it is to be of service. Second, it is self preservation! Almost daily I receive emails from amateur songwriters either asking me to pitch their songs for them -- or asking me how to open doors and get their songs to successful recording artists.  The idea is that I can now refer them to this blog.  Following are my suggestions and answers for the as yet unpublished country songwriters:

1. I am not a song plugger and I do not know any attorneys who are.

2. Find a good song plugger in Nashville.  These people make a full-time career of opening the doors you want to enter.  If your songs are competitive then they will get them to the right people.

3. Meet the publishers, the producers, the a&r people, the artists--that means networking in Nashville and becoming a part of the natural flow of the industry.  I do not mean the online publishers that prey on songwriters.  I mean the real publishers in Nashville, LA, NY and in other smaller music industry pockets in the U.S.

4. Improve your craft and make connections by joining the Nashville Songwriters Association International -- and taking advantage of what they have to offer. I am not familiar with NSAI Chapters in other cities but I know they offer many priceless opportunities in Nashville.

5. Perform at writer's nights in Nashville.

6. Network in Nashville -- your goal is to get to know the publishers and other writers--writers who are more accomplished than you are at this particular time.  Perhaps you will be able to co-write with one of them and learn.

7. If you haven't already picked up on it, I strongly believe that if you are going to write for the country market then you need to spend a lot of time in Nashville.  My belief is not mere opinion -- it is the result of years of experience and observation.  Yes, you can find exceptions.  Maybe you are one. But this blog is for the rest of you.  It is about how to improve your odds.  If you cannot move to Nashville you can still make regular visits here.  Again, the idea is to increase your odds.  Go where the work is.  Go where the industry is.

I am sure there are many other good suggestions.  If you have any, then I invite you to share them by commenting on this blog.

NSAI - The Nashville Songwriter's Friend

Last week I was interviewed for a 20 minute video which will be a part of the Nashville Songwriters Association International (NSAI) Pro-Writer Video Series. The "host" of the video series is always enthusiastic National Membership Director, Sheree Spoltore'. My plans are to put a copy of the Video on my website in the near future. At least weekly I suggest to beginning songwriters that they become members of NSAI. The organization offers opportunities to network and to learn and polish the songwriting craft. Not insignificantly, NSAI is one of the primary organizations that lobbies in Washington for legislation protecting the rights of creators -- particularly songwriters. Check them out at their website. And if you are an aspiring songwriter, a professional songwriter--or somewhere in between--definitely consider becoming a member of NSAI.

Legal Fees

I've been thinking a lot about legal fees lately. Not how to get more of them -- but how to set fair fees that make sense to the client in terms of the value of the transaction that I am hired to participate in. I suppose this is on my mind in part because I have had two prospective clients take a step backward from employing me after I quoted fees.

The traditional method of attorney billing is hourly. The attorney keeps track of her time and bills the client based on total time spent. This is usually broken down to the tenth of an hour. I spend a lot of time clock watching when I bill this way -- mostly wondering if I am going over what is a reasonable fee for the project. Since I am a perfectionist and probably spend more time than the client would expect, I normally end up discounting my fees when I am billing by the hour. Usually the client doesn't know that I have done this.

Another way of billing legal work is to set fixed or "flat" fee for a project. This is by far my favorite method, but is a lot more difficult to do than hourly billing. When setting a flat fee I have to consider a lot of factors. Some are: (1) The amount of time I think the work will take. (2) The client's expectations. (3) The value of the deal I am working on for the client. (4) The client's budget for the project. (5) The client's ability to pay. (6) How much is the form I am beginning with worth? I have developed my forms for over 25 years. Honestly, what normally happens when I use flat fees is that I under estimate the time it will take. This is particularly true when I am called upon to negotiate deal points and the actualy agreement. Regardless of the negatives, I am commited to moving away from hourly billing and giving the client some certainty when it comes to legal fees.

Perhaps the better way is to present my fees as "unbundled packages". I have done this often. I try to break out the various steps involved in a particular legal representation, from start to finish, and assign a flat fee to each "unbundled" segment of the process. For example, representing a songwriter in a first time negotiation with a major publisher, some of the components might be: 1) Negotiation of major deal points and meetings with client re same 2) Review of first draft of agreement and discussions/meeting with client re same 3) Preparation of mark-up of first draft, first round negotiation and discussions with client and 4) Subsequent negotiations. I will price each of the forgoing stages separately. I will also give the option of one "all-in" flat fee which, if paid in advance, will be less expensive than purchasing the services in four phases.

I think the important thing for me and my clients is that I stay committed to the process of billing fairly in a manner that gives the client certainty of costs prior to engaging my services. If this is of interest to you, check out Chris Marston's blog.

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!