Dude, Really?

Since no one else will talk to him, let me address this big elephant in the room taking up all of this space.  “Listen, just because it is now easy to do so does not mean that you should.”  I know that some of you are asking what while the others are already applauding.  Although it is a good thing, but the ease of digital music distribution are mudding up the waters and my ears. 

With the creation of such sites and services as TuneCore, Createspace, CD Baby, and others like them have done more than to give talented artists an outlet and a tool to express themselves to their minions in a broad, but inexpensive, matter.  But, watch closely, evil lurks.

I don’t know about you, but I am sick and tired of all the BS links to music, video, and other material that I receive via social media.  I mean, I’m no hater, but if you have to know that your music is garbage.  I know that everyone has a God given and Constitution backed right make whatever garbage music that they want to create, but give me a break.  I find myself asking, “Do these people even have friends?” You know, the one who will tell you “Hey dude, that music is garbage.”

But, still I have to realize that I don’t know everything.  Who am I to tell someone what to create even if I know that they have no talent?  I mean, it is just so easy now to take a product to the market.  Long gone are the days when the “gatekeepers” controlled the flow of materials.  Long gone are the days when the cost to produce a record rivaled the price of a four-bedroom room home. But, I guess that is a good thing.  But dude, if you send me one more link, I’m going to take your SoundCloud and… You get the picture.  I hope. 

READY....SET.....???

I can remember certain childhood games that I used to play such as hide and seek and even running races with my friends.  They all started off with READY, SET, GO!  Life was so simple back then.  Fast forward to present day and things become a little more cloudy.    He I am ready and set to kick off my career as a entertainment professional.  The day that I have dreamed about for ages.

Get READY - So, I've sold myself and ideas to a successful entertainment practitioner willing to invest and MERGE his business interest into my own.

Get SET - I've gathered the human assets needed and I have the business plans and other concerns in place.

GO!!! - NOW WHAT?

Is it fear of the unknown that has me frozen in place?  Or, am I so overwhelmed by the sheer magnitude of what I am attempting that my though process has come to a stand still.  Or, maybe I am just overloading myself with too much information.

Starting a recording label is a daunting task even if you have the best talent available.  They are still other factors to consider.  The Internet is flooded with numerous with websites explaining in detail various methods of starting independent record labels.  The information that these sites provide is priceless, and truthful, worthless.  What most of these website do not include is a the human element.

More important than any techno or business jargon is the ability of the human component to skillfully wade the waters full of both sharks and minnows.  Both of which are very important to the success of any business structure.  The purpose of this post is not to instruct anyone on how to become a "go-getter", but to inspire one to do a little soul searching to see if you really want to lead a caravan down this road.  Or, would you be better off following.  This journey is NOT for the meek.

HOW TO START A RECORD LABEL. (n.d.). Retrieved October 5, 2015.

Publishing and Distribution

The hardest part about starting a new company, or a project within an existing company for that matter, is simply getting started.  It’s not for a lack of knowledge because frankly, you shouldn’t just wade into this business with no idea of what you are doing.  It might not even be for a lack of trying.  In the music business, hard work does not always equate success.  This is because there still is that pesky thing called “talent”.  However talent still means nothing if you don’t have a handle on what to do about publishing and distribution. 

After it’s all said and done.  You have picked out the perfect sound for your record.  Your lyrics are on point. To cap it all off, your fans are drooling for the project.  Now the question is asked, “how to get your record from the studio to the masses?” In this day and age, distribution is a well open market.  It’s not like the old days when the major powers held an iron grip on the industry.  With the birth of the information age, more directly the Internet, opened up a world of possibilities for would be artists. 

Navigating the waters of direct to consumer publishing and distribution companies can be a daunting task.  When investigating potential services, it is important to know what you want and need out of the deal.  You have to understand the reach of the service that you are using.  If it is an Internet based service, make sure that the method to purchase your product is simple enough that the consumer will not be discerned with all of the twists and turns that some sites have in order to place an order. If you are dealing with a service like CD Baby, make sure you have a plan in place to get the hard copies out to the consumers.  No matter what you do, promotion is key. Without promotion even the best efforts will be lost in the clutter. 

The Highest Form of Flattery

Imitation is the highest form of flattery, but clones kind of get it wrong because we are promoting individuality and being proud of being yourself     - Brian Molko 

And there you have it. All packed into one sentence composed of 25 words is the essence of creativity.  As Brian Molko describes it, individuality.  But, how much individuality and true creative content can one present in this day and age?  One writer of the Bible states that "there's nothing new under the sun."  If that is true, and this writer does not suggest otherwise, then why copyright?  Why do we even attempt to protect intellectual property if they will still be recycled sometime in the future.  I can not answer for others but, because it is my property.  Still, what recourse do we really have to protect this property? No answer?  Well, I'll tell you.  Most recently, the Copyright Act of 1976 provides guidelines and redress to the issue of copyright infringement.  Let's discuss recent cases of alleged copyright infringement and the cases, if applicable, that they carry with them.

Rap Artist Meek Mills and the WWF
Meek Mills have been the focus of trending social media news in the recent weeks.  Not just him, but his so-called "rap beef" with uber-popular rapper Drake.  This conflict started with a Twitter-based war of tweets and that escalated into "diss records" being recorded by both artists.  This issue with this is that the "diss record" response from artists Meek Mills contained elements, a sample,  owned and copyrighted by the WWF.  And, mainly because of the lackluster attempt by Meek Mills, the WWF expressed their displeasure of the element being used without authorization by Meek Mills.  The fact that Meek Mills released the record for free and did not stand to profit financially from the release is moot.  The WWF's copyright had still been infringed upon and the rapper could be held liable.  

"The Blurred Lines" Case
The family of Marvin Gaye sued singer Robin Thicke and rapper Pharrell Williams for infringing on the copyright of the late singer's song "Got To Give It Up."  The media's attention to this case was strong due to the fact that the suit was filed while the record was still #1 on the charts.  The defendants argued that it was just a "groove" that was special and relevant to the time that the record was originally recorded.  The jury disagreed and awarded the family of Gaye just over $7 million dollars.  In this case, I feel that the judgement was just and fair.  The general rule is, when in doubt GET CLEARANCE.  It's cheaper.  

Apple vs Samsung 
Apple alleged that Samsung "borrowed" some of their copyrighted features from their line of smartphone.  In itself, it is not so surprising.  However, these protections exist for a reason. And, as it was in this case, it is not fair for another to profit MILLIONS off of the back of another's ideas.  Apple sued and won initially over $1 billion dollars.  However, the award was cut almost in half after review.  Moral of the story, use your own brain.

Interview with TJ

I have been working in and around the entertainment industry for over 20 years.  Nothing too major, just small to medium sized projects here and there.  During this time I was lucky enough to meet an amazing young man by the name of TJ Turmon who runs an independent entertainment outfit by the name of SouthStarr Entertainment.  He company is currently a regional entity, however with his work ethic and talents, it will not be that way for long.  TJ is sitting on the edge of greatness and for this reason his ability to negotiate is very important.  He currently has two artists on his roster that are currently touring the southeast opening for various artists.  I talked to TJ to get his take and experience with negotiation tactics in the entertainment industry. 

Question 1.  How often do you negotiate? 

TJ - "Constantly.  As a small fish in a big pond, I find it nessacary to fight for my position in every business deal that I go into.  It's hard asking for the things you need when the bigger companies view you as small potatoes." 

Question 2. What tactics to you use and how did you learn them? 

TJ - "As far as tactics, I really don't know what you would call them, but I use the ones that works for me. I just know that whatever I ask for at the table has to be something that other side needs as well.  Or, something that they can actually see the need for." 

Question 3. Can I get an example of that? 

TJ - "Well, I can't ask a promoter for $5,000 for one of my clients to perform.  Because at that rate they can go and get someone with a better fan base.  They would end their need for me.  I guess you can call that being realistic." 

Question 4.  Have you ever had a time where you or someone else used a dirty trick? 

TJ - "No, not really.  The thing is that if you want to be successful in this game, you can't go around making a bad name for yourself.  Now, I have made a deal that was pretty messed. But, that's the price of business." 

Question 5. What tips can you offer someone looking to fill your shoes? 

TJ - "In negotiating the key is to know what you want.  But, the lock is to also know what you are really going to get."  

An Interview with Chris Carson

Christopher L. Carson is a concert promoter with extensive experience in the entertainment industry.  He is the founder and CEO of CLC Entertainment Music Group, LLC which is a company specializing in promoting old-school R&B, classic rock, neo-soul, and alternative rock concert event in small to mid-size venues.  As a promoter operating on a smaller scale than companies like LiveNation, he has to pay close attention to his bottom-line.  Thus, he has to negotiate in order to secure a profitable position. 

Question #1 - What do you feel is the most important rule of negotiation?

Chris – “Not to get screwed.”  On your side of the table, you have to take in to consideration your bottom-line.  Which is, basically, the size or capacity of the venue, the price of the talent, sound and lighting, and about a hundred or two more factors that can make you or break your profit margin.  On the other side, that is what you need to figure out because everybody is different.

Question #2 – What does the phase “mutual benefit” mean to you?

Chris – First, you must understand that I have never been formally trained in negotiation.  Everything that I know, I’ve learned from experience.  But, if I had to guess, mutual benefit in negotiating deals with both sides coming to a point where both parties are getting something out of the deal.  I believe that this is key.  Because, trust me, if I’m not making money, then I’m not spending any. 

Question #3 - We also studied “dirty tricks” in this course.  Do you have any examples of dirty tricks?

Chris – No, not really.  The first time that you do something like that in this business; it could be your last time.  Meaning that, as a promoter, you really don’t want to get a name for yourself screwing people around.  I have had an artist to not show a couple of times.  But, that’s what courts are for.

Question #4 – During negotiations, how does you separate people from the problem?

Chris – First, you have to realize, and agree, that it is not personal.  Everybody at the table or the other end of the phone call or whatever has an interest in getting the deal done in a way that is productive to all parties involved.  Sometimes you have to step back and look at it in a different light.  My light is numbers.

 

Jay-Z said WHAT????

Jay-Z said what!?!?!?!?  How in the hell did he fix his mouth to even say this?  He must be smoking that dope he raps about.  Hold up.  On the other hand, he just may be right.  Let’s examine what he said.   In an interview on Oprah Winfrey’s OWN Network and reported by eurweb.com, Jay-Z commented, “I think that hip hop has done more for racial relations than most cultural icons. Save Martin Luther King, because his dream speech we realized when President Obama got elected.”  Whoa!!! That’s a major statement. As a matter of fact, this statement has seen it’s shared of rebuttal across social media.  In spite of the backlash, it is the opinion of this writer this statement has a valid point.  However, to understand this one must fully understand the history, progression, and the importance of African-American culture to the creation, and success, of American Pop Culture.  An informed individual could also make the correlation that American Pop Culture is African-American culture.  Well, at least when it comes to American music.  Follow the path of African-American music from the shores of West Africa with the rhythmic drums, poly stringed instruments and horns as it is transported to the Americas.  Here, the slaves incorporated it into their field songs.  Skip ahead to Post bellum America where it continue to dominate the entertainment scene at the minstrel shows and so forth.  Continue to the Jazz and Big Band era.  Keep going all the way to today.  Black music has influenced all American music from country to blues to rock and roll and, of course, Hip-Hop.

Music has always found a way to bring people that have nothing in common together.  So, what Jay-Z said is correct although lacking the full progression.  This bridge was not built over night.  Hip-Hop has served to unite people through culture and understanding.  Imagine being at a Jay-Z concert and every other person is white.  And, it’s fun.  And, it’s dynamic.  And, it’s all good.