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Advice
According
to Madonna, "life is a mystery."
Well, not any more because now Overplay is
here to answer all your music -related questions,
queries and quibbles. From "what's the
best way to copyright your music?" to
"I'm a rock 'n' roll star and want to
live forever, how do I go about doing it?",
all you have to do is ask.
Below are some of your questions answered
by overplays industry contributors. |
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| The answers to your questions |
To fire a question at the Doctor click here. |
| Q. |
Richard asked
when we copyright our name does our material ie. songs get included in this or does this happen seperately and what is the best way to do all this? thanks |
A. |
Copyright is unfortunately a very elusive issue and covers alot of rules pertaining to who, where, why, and what, basically. There are two types traditional (c) and that which covers sound recordings. Obviously a signed band would most definately have to ensure that every copyright issue over their music and recordings are covered with correct legal backing. However, most unsigned musicians are often just looking to provide some basic form of protection of their original work They often do this by using the method called the 'poor mans copyright'.
To do this, musicians would mail a copy of their CD or music sheets to themselves, with the composition date, music, perhaps lyrics, and other song details enclosed. If you can, ask the postal office to stamp the sealed part of the envelope with the date! If this envelope is unopened (remember not to open it once it is delivered back to you, defeating the whole purpose!) should any doubt arise over who owns the material, a piece of evidence such as this should generally lay no doubt as to the original copyright holder.
Some musicians feel assured and are quite happy to use this easy method, however should you be looking for more substantial and legal copyright protection, which is of course the best option for serious musicians, check out this service where you can register online and hassle free. Copyright Witness supports international copyright protection. http://www.copyrightwitness.com/protect/p07_music_copyright, or their UK counterpart http://www.copyrightservice.co.uk/. They even provide a 'self-assessment' link to see if you think you need to register your work. Costs are as little as £35 for five years protection.
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| Q. |
Concerned asked
We have a problem, our lead guitarist is not playing to the same tune as the rest of the band...
We have new material, better than we ever expected and it sounds really , really good... we've gigged with a couple of them and every bit of feedback we get is,
"Great gig, really catchy stuff, your lead could do with some work though, spotted some mistakes in there"
The trouble is the lead riffs are easy and sound simple yet our guitarist is getting nervous, looking shit scared on stage and still making grade '1' mistakes...
How can we approach telling him without risking a walkout? |
A. |
Playing lead guitar is quite a responsible position in the band, especially when those killer solo riffs come into play. Because you mention that the riffs are 'simple', it sounds like the lead guitarist may be suffering from a slight lack of confidence when delivering the goods, and it is wise to remember that when approaching other band members with performance issues, one must always be gentle, helpful and tactful in their approach. Self-esteem and confidence are very important issues with musicians.
Firstly, praise the lead guitarist on how talented he is and point out his value in the band. It seems like he may need a bit of confidence boosting, and by providing support and encouragement you will help him to gradually shift those stage nerves.
Spend some extra rehearsal time with him going over his own parts, to help him get some more practice, so that, eventually, when he's into full swing he'll feel assured that his riffs come out rocking, even if he's blind-folded! One thing that confidence requires is personal assurance that he is capable, and this comes with plenty of practice and band member support. Of course the lead guitarist also must be willing to put the time and effort into practicing his riffs to ensure that he catches up to the standard that is required of him. One thing to check also, is that he is not having personal problems or issues outside the band, or with a particular member of the band, that could be affecting his overall performance.
Secondly, if there is a tuning problem a handy and free guitar tuning facility is available at this link http://www.dreadscott.com/Guitar.html. Make sure he is nicely tuned up before any gig or event. Even if his guitar is slightly out of tune it will put him out of sync with the other instruments and crush his confidence. Good luck!
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| Q. |
James asked
'How can our band get local or national radio play? Do we have to wait for a competition or do we just contact them and send them our demo?
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A. |
The thing is to try and be as specific as possible about what you mean by "radio play". This makes it much easier to set about achieving your goal. Here are some questions to think about.
Do you mean getting a one-off play for a recording you've made, getting several plays, or actually making it onto a station playlist ? Do you mean Radio Humberside or Radio One ? A list of all UK radio stations can be found at http://www.mediauk.com/directory/radio/
Once you've figured specifically which radio station(s) you're aiming at, then decide exactly which programme(s) on those stations you're aiming fo.
Say your're targetting Radio Two - the biggest station in the country, with 14m listeners each week. A good first step would be to go to the website and check out which specific programmes are on each day, pick out and listen to specific programmes from beginning to end, and work out which ones might or might not include one of your tunes.
06:00 Sarah Kennedy
07:30 Richard Allinson
09:30 Ken Bruce
12:00 Jeremy Vine
14:00 Steve Wright In The Afternoon
17:05 Stuart Maconie
19:00 Alan Freeman: Their Greatest Bits
20:00 The Organist Entertains
20:30 The Language Of Kylie
21:30 Filthy Jazz
22:00 Sounds Of The 70s With Steve Harley
22:30 Kate Thornton
00:00 Janice Long
03:00 Alex Lester
Listen to any of the shows you target from this list - ideally on tape so that you can play each track alongside your own CD to see if it would fit in or stick out like a sore thumb. Every successful record producer or songwriter I've ever met has done this test - putting the track they're working on against something currently in the singles or album charts to see how it sits.
When releasing any new record, artists always have to ask themselves which records on the current radio playlists the programmers are likely to drop to make room for them... You can find Radio 2's current playlist at: http://www.bbc.co.uk/radio2/r2music/playlist/
Here's a typical one from early 2005
'A' LIST: Heavy Rotation
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DANIEL BEDINGFIELD...............Wrap My Words Around You
PHIXX...............Strange Love
MINNIE DRIVER...............Invisible Girl
U2...............Sometimes You Can't Make it on Your Own
JAMIE SCOTT...............Searching
BRIAN MCFADDEN / DELTA GOODREM...............Almost Here
DURAN DURAN ...............What Happens Tomorrow
ATHLETE...............Wires
LUCIE SILVAS...............Breathe In
'B' LIST: Medium Rotation
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ERASURE...............Breathe
PADDY CASEY...............Saints and Sinners
THIRTEEN SENSES...............Thru The Glass
ALISON KRAUSS / UNION STATION...............Restless
HANSON...............Penny and Me
RAY CHARLES WITH NORAH JONES...............Here We Go Again
ELVIS COSTELLO/LUCINDA WILLIAMS...............There's a Story in Your Voice
FEIST...............Inside and Out
MICHAEL MCDONALD / TONI BRAXTON...............Stop, Look, Listen (To Your Heart)
HAL...............What A Lovely Dance
'C' LIST: Light Rotation
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HALL AND OATES...............I Can Dream About You
KIMBERLEY LOCKE...............Coulda Been
FEEDER...............Tumble and Fall
JOSH RITTER...............Man Burning
MANIC STREET PREACHERS...............Empty Souls
BLUE / FEAT. KOOL & THE GANG...............Get Down On It
JOSH ROUSE...............Winter in the Hamptons
HUGH CORNWELL...............Under Her Spell
DARIUS...............Live Twice
THE BEAUTIFUL SOUTH...............This Will Be Our Year
JOHN LEGEND...............Album: Get Lifted
ROOSTER...............Staring at the Sun
KARINE POLWART...............Album: Faultline
BAP KENNEDY...............Rock & Roll Heaven
MERCURY REV...............In a Funny Way
If you have made a recording that honestly and truly stands up to this lot and sits easily alongside it - or actually sounds miles better - then offyou go. Call the switchboard for Radio 2 and find out the name of theproducer of the show you have in mind, and also of other people who do research etc for the programme, then give them a call about your upcoming "new release".
Put the track you have in mind on your website as a "download-only" single, devise a record label of your own invention, get a professional-looking white label pressing made (NOT!!!! a CD-R handwritten in marker pen) and send it to your new friends at Radio 2. Follow up with a phone call to seeif they got it. Someone from the programme team WILL listen to it, if only for the first 30 seconds, and if you get them on the end of a phone they will tell you straight whether or not it's the kind of thing they'd play.
Your record really does have to be outstanding to pass this test, especially on national radio, but new bands are making outstanding records all the time - why shouldn't you? If you can make friends with just one programme on the network and get them championing your records, you then have a 500% better chance of it getting considered for the station playlist.
But bear in mind maybe half a dozen new indie bands a year (or less) ever make it onto the Radio 2 playlist. So if that looks like a bit of tall order at this stage in your career, you might want to go for something less ambitious.
Try to match the genre of music you are making with the stations that play your kind of music. No point trying for Classic FM if you play Death Metal. So if for instance you happen to play Country Music then a bit of research might bring you to stumble on Radio Clyde's 3C Digital service (which specialises in that genre) at http://www.3cdigital.com/
In which case (again) check out their website and see which programme looks most hopeful for your song:
0000 3C Nightmix (Nonstop cool country all night long)
0600 Digital Daybreak with Pat Geary
1000 3C Power Hour. Non-stop cool country hits
1100 3C Middays with Dave Johanssen
1400 3C Power Hour. Non-stop cool country hits
1500 Digital Drivetime with Derek Shirlaw
1900 Nashville Nights (The cutting edge of country)
2200 3C Late Nights with John MacCalman
Actually take the trouble to listen to the station (online if neccessary) study, investigate and research. If they never play new UK artists, don't waste your effort. If it turns out John MacCalman has a regular demo slot at 11.30pm once a week, then he's you man. Send him and email, follow up with a CD, then find out when he's in the station offices and give him - or his producer - a call via the switchboard.
I have no idea exactly how many radio stations there are in Britain, but I do know it's a lot, so there's plenty of scope. The task is simply to go through and work out which are the ones where you can realistically work towards getting a play for the music you are currently making. If you're not making the kind of music anybody is playing on the radio anywhere in the country, then you might be The Second Coming and destined to transform the future of Rock'n'Roll. Alternatively you might not. Either way, you're
wasting your time trying to get "local or national radio play".
There's absolutely no point going through a list of radio stations and sending stuff out blind without doing this kind of research. I work at BBC 6 Music, and people who have clearly never ever heard what we play send us CDs all the time. Most of these go straight in the bin after hearing the first 30 seconds of the first track. It doesn't matter how well produced the record is - we simply don't play boy bands or lush US radio-style Big Ballads by Whitney Houston wannabes. Other stations do - so target your efforts carefully.
Radio promotion companies (pluggers) employed by record companies have a list of every radio station in the country and a list of every programme on each of those stations (which they update constantly) showing who produces each programme, who presents it, what style of music they play whether they get to choose their own records or get them assigned by a central computerised playlist. Much of this information comes from Music Week magazine.
Pluggers also monitor station websites and mailouts every week to see what is and isn't being played, and listen to radio constantly in the office while they work to keep up with what's happening. Pluggers will tell a record company straight if they don't have a hope in hell of getting a particular record onto the airwaves, and for a fee they will do the same for anybody.
Check out the Music Week directory for contact details for the likes of Absolute, Anglo, Chappel Davies, Sharp End Promotions, Cool Badge, Ish Media, Dorothy Howe, Overground Promotions etc etc
If you haven't the resources to employ a plugger, and most of us haven't, then you'll need to subscribe to Music Week magazine yourself and/or acquire the Music Week Directory (see http://www.musicweek.co.uk) to get a list of all radio stations in the country, so that you can then narrow down the target of your campaign to get onto specific stations, and weed out those local stations that don't feature any music shows at all
The same is true of everything you do. The more specific you can be about EXACTLY what outcome you want, and the more businesslike you can be in your approach, the better chance you have of achieving it - radio play, record deals, major tours, hit records, press coverage.
But be warned. Selling records in meaningful quantities is a backbreaking, souldestroying, seven day a week grind that requires the obsessiveness of a trainspotter, the unstoppable determination of a juggernaut and the skin of a rhino. It involves shrugging off disappointment again and again, and simply using any anger you feel to fuel your onward efforts.
It isn't easy, but it's perfectly achievable if you want it enough. If you really don't care what anyone says... if you're still determined to make it big regardless of how long it takes, regardless of all hardships and rejections along the way - then, trust me, you will.
Answered by Tom Robinson. As far as record deals are concerned see: http://www.tomrobinson.com/writing/times |
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| Q. |
overplay band asked
We are a band who are interested in selling copies of our album online. On one song we play (not sample) two lines from The Look of Love (Dusty Springfield song). Do you think we need permission (given that we're unlikely to get out of double figures on sales) or is it really not something that anyone is going to care about? |
A. |
The short answer to your question is that if something is worth sampling then it's worth getting permission. Because there is no sampled recording, they only need to clear the publishing rights. They can contact Performing Rights Society (020 7580 5544) to find out who owns the rights. Also the Mechanical Copyright Protection Society can clear samples. (0800 684 828) Best to play safe with these things.
Answered by music lawyer Will Everitt. For further enquiries email music@steeleslaw.co.uk or call 020 7539 4300. |
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Roger Barker asked
A london producer has expressed an interest in recording me, they say once I've done a demo with them they will put it into the hands of the right people. However, they want me to put up some cash for the use of there studio (approx £1000 for three songs) first. Is this a real opportunity, or just another company trying to rip me off? |
A. |
This may or may not be a perfectly honest business proposition but personally I wouldn't touch it. If you're going to get involved with some third party it should be because they believe in you. This proposal places the entire risk on you. They already own their studio. Whether or not "the right people" get to hear your demo they will end up with a grand in any case for just a few hours of their time. They have no downside risk. Whatever happens you will have parted with a thousand pounds worth of hard earned cash, in exchange for a vague promise, and your downside risk is that you will be a thousand pounds poorer with nothing to show for it at all apart from a dodgy demo nobody wants.
Only consider getting involved with a third party (manager, producer, whatever) who is prepared to share the risk with you. Someone who will invest their own time, contacts, creativity - and maybe even money - in trying to get your career started, on the basis that you will then give them a reasonable share of the resulting income.
If a manager gets you a £100,000 publishing advance you wouldn't otherwise have had, it's reasonable for you to hand him twenty percent of it. If someone asks you for twenty thousand pounds upfront on a promise of then getting you a £100,000 publishing advance, tell them to sod off.
There are MUCH better ways to spend a thousand quid. If you spend the cash wisely it could buy you a home recording setup better than the wildest dreams of Elvis Presley and Sun Records back in the fifties. 24 bit noise free audio! Infinite tracks, bounces and copies without sound degradation. Loops ! Samples! Synths ! Amp simulation ! Digital reverbs! Faced with a bog standard £700 Apple iMac, Sam Phillips would have thought he'd died and gone to audio heaven.
It doesn’t matter if you haven’t any engineering or producing experience - fiddle about, learn on the job, try stuff out, break rules, have fun. Aim to make some daring, thrilling and original music. Take huge risks. The only constraints are your own imagination and creativity.
As to these producers, their offer may be on the level. Or it may not. Either way tell them to get lost and take control of your own destiny. All you need to do is become very very good at what you do. As word spreads and your confidence grows, all that other stuff will eventually take care of itself.
Answered by Tom Robinson. As far as record deals are concerned see: http://www.tomrobinson.com/writing/times |
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More advice… asked
What is a fair publishing rights % agreement for a band and record company. |
A. |
Contrary to popular belief the real money from being a recording artist or songwriter of any kind comes from your publishing, not record companies. Record companies can be very good at exploiting your work and putting it in from of the public - but that's because they make far more money from it than you do. In my last 15 years as a recording and touring musician I would estimate that no more than 5% of my gross income has been paid to me in the by a record company in the form of royalties for records sold. Publishing, Performing Rights, Tour Income, Merchandise, Commissions, CD sales at gigs - yes. Record royalties from record companies ? Forget it.
You may or may not become successful. If you don't, there's no money for anyone anyway. If you do, your publishing becomes The Crown Jewels. Do not under any circumstances give it away lightly or to the first person who comes along. Be suspicious of large advances offered publishers or anyone else. That usually means they're offering you a less advantageous deal elsewhere. There is no such thing as a free lunch. These people are not doing you a favour by signing you. If you're any good, they need you more than you need them. If you don't believe you're any good, you shouldn't be even looking in the first place - go away and work on your stuff until you KNOW what you do is first rate and excellent. A good acid test is play it live to strangers in lots of different places. If they pick their noses and head for the bar you're not there yet. If they stop talking and start listening, you're onto a winner.
The key thing in a publishing deal is reversion of copyright. This is so important I'm going to say it again louder in case you missed it first time. REVERSION OF COPYRIGHT. Every publisher in the world will try and offer you a deal to sign your songs up "for life of copyright" ie forever. But if they want you enough, most publishers will agree to let you LEASE them the publishing copyright for a fixed time period. That way the rights in your songs come back to you in 10, 15 or 20 years' time. Ten is best, 15 reasonable - only settle for 20 if you absolutely can't get anything better anywhere else. If a publisher refuses to give you reversion of copyright, walk away.
10 years may seem like a lifetime away to you right now. But it comes around faster than you think. My original 1978 contract was a 10 year lease deal and the songs have already come back to me twice - each time you get to make a whole new publishing deal afresh.
The percentage points, the payment timescale, the PRS split, the way overseas income is accounted... all these are points to be played for and negotiated between you, your lawyer and the publishing company when drawing up a deal. But reversion of copyright must be non-negotiable.
Your publishing is your pension. Your publishing is what you leave to your parents after you die in a tragic car crash aged 27. For Christsake, hang onto your copyrights - don't give em away.
Here's why. If you don't make it none of this matters. But Overplay is predicated on our common assumption that you ARE going to make it. So think big for a moment. Suppose Beyonce or Norah Jones gets to cover one of your songs five years from now and it makes the US Top 20.
You may have had to sign a publishing deal with fairly rubbish terms in order to get reversion included: no advance, a 60/40 split, payment 12 months after receipt, 50-50 of PRS income, and 60/40 of overseas income received.
Yet even on these terms you will earn a tidy six figure sum over the next 5 years. And since the deal DOES include reversion, in 5 or 10 years' time that song comes back to you in its entirety along with everything else you've written.
You can now look a new publisher in the eye and hold out for £100,000 advance, 85/15, payment within 90 days of receipt, PRS 100% yours, and 70/30 of overseas income AT SOURCE. A whole different bag of bananas. Write one more US hit on those terms and you'll literally never have to work again.
Answered by Tom Robinson. As far as record deals are concerned see: http://www.tomrobinson.com/writing/times
http://www.tomrobinson.com/writing/times/ |
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Jeffery Gray asked
What is a fair publishing rights % agreement for a band and record company . |
A. |
There are many and various parts to publishing with regard to a band and the record company. It can be a slightly confusing issue since the person who 'owns' the song immediately has exclusive rights to it but it shouldn't be confused with the fact that there is a slight difference between copyright in a 'song' and copyright in a 'sound recording'. If a band gets together to write a song betweem them, the copyright is already set in that song. But if a band records a song for a record company, it is the record company who own the copyright of the 'sound recording' (the band will still retain the copyright of the song itself). The good news is that the publishing money is set in the copyright of the song and not the sound recording so the band should receive a publishing profit from ownership of their material. The 'copyright owner 'or owners' also have the right to reproduce the song ( this is called a mechanical right). There are other aspects of 'publishing' money which is set up in various licences, performance, print etc, which is a whole other side on the publishing take.
According to my knowledge for each copy made of the song it is approximately somewhere around 10 cents per song (in the states), this can change and is also dependent on the copyright office. It doesn't really sound much at first does it, but if you times that by a few million albums that the band might sell it should get a nice publishing return. It could though get very complicated for an inexperienced band to sit down and figure out how much
s owned for which licence, where and to whom, so many bands employ a 'publisher' or 'publishing company' who would collect this sum for them. The publishing company isn't likely to do it for free, would probably want the copyright assigned to them, and the band may have to part with some of the cash for this type of arrangement, but they would have a better idea in these types of negotiations, the going rates, and they would make sure the band do receive their return. Record companies often stipulate in a contract that copyright be handed over to their own publishing companies, which isn't always a good idea and often just another way for them to pocket more of the returns. As for a fair agreement between band and record company its a tricky situation but in essence its important that a band find a very good publishing company or best of all, if they can do it, handle their own publishing of their songs.
Answered by http://www.melodrift.com - Independent Music Company
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| Q. |
spencer from manatoba asked
hi Dr, ive just aquired a overplay artist site, which is great what now?
ive uploaded our music and stuff, how do i get people to take notice, i hear you may be able to help? |
A. |
Getting noticed can take a lot of work and determination. Putting music on to websites is quite good and cost effective way of getting people to listen to your music. Although some people visit the sites and possibly download your compositions. It is also with you to let them know that it is there. You can tell people. Put links on your site, download any of the overplay banners on the 'link to us' page link to your song or have small cards made up with your band, contact details on. How you give them out to people is entirely up to you.
Parties, gigs, events, even in the street. It is down to you really,
unless you want someone else to do it, for a lot of money. But when you are gigging make sure your overplay site is advertised too, let people know they can listen and contact you here.
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Mitchell Lee asked
I like the sounds i get when i record onto my computer, you can hear for yourself www.overplay.co.uk/MitchellLee i think there great, only i dont have the money to get a demo from a studio, what shall i do? |
A. |
PC quality can be very good these days. It all depends upon what
equipment is connected to it. Don't despair if the quality is not perfect. If A&R are interested in the song and can do something with it, the facilities and expertise will be made available. Quite often the smaller studios have people that are interested in helping for a percentage. Only if they feel that it is something they can work with and there is a future for it. Speak to people in you local area. There are also willing students of music production that want projects to work on. Visit a college or university. Finally, if this is something unique, you could try and get funding or a grant to help you produce it. The local charities and volunteer centers will be able to put you in the right direction. Also check out http://www.ideasfactory.com/funding_awards/index.htm
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mary asked
Please could you tell me the best way to copyright our bands music as we have been given conflicting advice? |
A. |
Copyright is a conflicting subject with so many loop holes that have been introduced over the years. What makes it worse is that different countries have different rules too.
Where does one start. Once the recording or writing has been recorded on some medium the copyright arises automatically. According to the 1988 act, the copyright lasts for the life of the author, plus seventy years after death. According to the act, the author is "the person that creates it"
What gets confusing maybe, is that the owner of the work, maybe
different to the author. Because copyright is a form of property and may be transferred in whole or part.
The safest way to answer this question is to get it from the relevant
organsiations. Here are the best places to contact regarding such
information:
Performing Right Society (PRS)
Copyright House
29/33 Berners Street
London W1P 4AA
Tel 020 7580-5544
Fax: 020 7306 4455
Email: info@prs.co.uk
PRS are not concerned with mechanical right royalties, i.e. royalties
paid by record manufacturers for the right to record copyright works.
For further information about mechanical rights and royalties contact:
MCPS (Mechanical Copyright Protection Society Ltd)
Elgar House 41 Streatham High Road
London, SW16 1ER
Tel: 020 8664 4400
Fax: 020 8769 8792
The makers of sound recordings also have certain rights over their
records or tapes quite irrespective of whether the music or other
material recorded is itself protected by copyright. PRS is not
responsible for administering these rights of record manufacturers and producers, but further details may be obtained from:
Phonographic Performance Ltd. (PPL)
1 Upper James Street
London
W1R 3HG
Tel: 020 7534 1000
Amateur composers or lyric writers should be extremely cautious in
dealing with publishers or others who ask for a contribution towards the expenses of publication or promotion of their work. This is not a
practice to which reputable publishers normally resort.
The Music Publishers' Association produce a booklet, which lists the
names, addresses and telephone numbers of all its members, and also provide information leaflets on submitting works to potential
publishers. These are available from the address below:
Music Publishers' Association
3rd Floor, Strandgate
19/20 York Buildings
London, WC2B 6QX
Tel: 020 7839 7779
Fax: 020 7839 7776
PRS cannot undertake to put lyric writers in touch with composers, or
vice versa, or to assist in obtaining publication of works, but the
British Academy of Songwriters, Composers and Authors may be able to help, their address is:
The British Academy of Composers and Songwriters
The Penthouse
4 Brook Street
Mayfair
London W1Y 1AA
Tel: 020 7629 0992
Fax: 020 7629 0993
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