Privacy Protection in Digital A Media

The digital age has brought about many changes. As a society, we are still uncovering its impact. One issue that has recently been questioned is the use of social media in disseminating information and news. This was brought to light again on Friday as news of the Newtown school shooting spread across the world wide web and early reports named a suspect that proved to have nothing to do with the killings. Proponents of social media argue that it gets information out quicker. However, detractors argue that social media disregards accuracy for the sake of that quickness.

A bigger question that affects the indie artist is the privacy line that social media is blurring. In a Suffolk University Law School podcast entitled “On Privacy: Liberty in the Digital Revolution”, the issue of personal transparency was up for discussion. Of course, the digital revolution allows people to easily broadcast aspects of their lives that they would not have just a few short years ago. The podcast presents that this is, in fact, eroding our societal concept of privacy. In a word where people are becoming overnight sensations because of Youtube videos that broadcast them living their lives, determining what is actually private becomes a difficult negotiation. Further, the podcasts notes that it is increasingly more difficult to apply the law to cases where privacy is an issue because the laws were not written to address the current reality.

Similarly, Gordon Firemark discusses this issue as it pertains to companies using people’s publicly posted images in their advertising. The question becomes what rights does one actually have when it comes to images and information that they post on social media? When people sign up for social media networks like Facebook and Twitter, there is policy that they must agree to. However, it is unlikely that many people read this policy and usage agreement. Further, if they do it is unlikely that they understand it. This means that many people post without full information and clear knowledge. Companies hide behind “fair use” but what does that actually mean? These are issues are important for the public at large but doubly so for the indie artist, seeking to build a brand in this digital revolution. 

It’s likely that, by now, someone has counseled you to make certain that your image aligns with your personal beliefs. This is one precaution that helps indie artists guard against having personal and professional worlds collide. Since the lines between the two worlds becomes so translucent in cyberspace, making certain that the two worlds are not leagues apart helps. Secondly, as an indie artist you want to read everything and make sure that you have a functional understanding of what you are reading. You need to know your rights. If you are in question, consult an attorney. Fundamentally, you need to make protecting your brand and intellectual property a priority. It is sacred. If you don’t protect it someone who understands its worth will be able to exploit it.

(This post was initially going to be an interview with Miami entertainment attorney, Tom J. Manos. However, I was unable to make contact. Please look for that interview in a future post. I am certain that you will benefit from the information he will provide. Additionally, if there are any questions you would like asked, please leave them in the comments and I'll attempt to get as many answered as possible.)

Why You Need to Think About Copyrights

There’s an old adage that states, “the devil is in the details”. There is hardly ever a case where this is not true and that especially goes for copyrights. Many people get snared in the net of misunderstanding and general apathy about how important copyright is. Unfortunately, this happens all too often.

We’ve all heard the stories about artists like Beyoncé and Jay-Z being sued for copyright infringement. I’m certain that most people have wondered how true the claims were. Perhaps some wished they could be a party to the deliberations on such claims. It’s all very intriguing. Still, it is a very real part of doing business in the entertainment industry.

Just this year, the creators of “South Park” were sued for copyright infringement. According to The Wrap (2012), Exavier Wardlaw claims that the Lollipop King character used in several “South Park” episodes was based on his character from a show called “The Lollipop Forest”. Further, Mr. Wardlaw is upset because he feels that the vulgarity of “South Park” has tainted the image of his own show. The onus is on Mr. Wardlaw to prove his claim in a court of law. Without having all the facts of the case, I will say that these kinds of cases occur more frequently than one would guess. We live in a world that constantly feeds our creativity. However, it often becomes difficult to determine whether that brand new thing we thought up was completely brand new. That is why it is so vital to protect your intellectual property and know the law. I could not say whether Mr. Wardlaw will win his claim but I can say that litigation is costly and no one should enter into it frivolously.

Examining a case like Eastland Music Group & Whitty vs. Lionsgate, one is led to ask people really think before they file lawsuits. Eastland Music Group and Raynaraldo Whitty claimed that they had trademarked “PHIFTY-50” and had trademark rights to the mark “50-50” by common law because the company had been using since 2000 (2012 U.S. Dist., 2012). The company claimed that Lionsgate violated their trademark by naming their 2011 movie “50/50”. The problem with this particular claim is that the term “50-50” is such a generic one. The court ruled that Eastland & Whitty were not damaged by the use of the term in the movie title and agreed with the argument that the movie sufficiently established that the term referred to the odds of the main character living after a terminal illness diagnosis (2012 U.S. Dist., 2012). Frankly, I think this speaks to the need to be much more distinctive in choosing trademarks.

Even religious leaders and organizations find themselves in litigation over copyright. In 2011, Joel Osteen was sued for copyright infringement. Yesh Entertainment claimed that Osteen used their music without permission. In answer a spokesperson for Lakewood Church and Joel Osteen commented that the church had license to use the music in question and that the claimants were likely unclear on the specifics of the license. The claimant was asking for a three million dollar reward.

          The bottom line is that copyright is a very serious matter. Taking the time to understand the implications and parameters is time well spent. However, that does not guarantee that you will never be sued or need to sue anyone. Knowing your rights about the intellectual property you create places you at an advantage. Additionally, being careful to respect the work of others is also important. Again, litigation is costly.

How Do I Look: The Importance of Your Image

As self-managed artist, every aspect of your career is up to you and there are few things more fundamental than your image. The wrong image can stop you before you even get started. Likewise, constantly changing your image can leave your fans dazed and confused. That is why it is so important to commit to an image and work with it.

Here are a few things to keep in mind:

First, you should narrow down what you want to present to the world. This is important and sounds relatively simple however, think about things like the type of performances you will likely have. Think about the genre of music that you are trying to break into. Think about whether the image you are contemplating is sustainable and comfortable for you. Understand that the farther your image is from the real you, the harder it will be to sustain. Look at artists like Brandy and Whitney Houston who had difficulties transitioning to images that better suited their personalities. Each was given a very polished image that soon became hard to maintain under the pressures of life.

Second, you must pay attention to trends and how they influence the industry. Missing a trend could end your career. However, you must develop a balance because following every trend could be just as detrimental. Understand that you must have a certain flexibility while still establishing a firm foundation. Many artists work beyond this concern by becoming trendsetters. This requires the ability to consistently think beyond the present.

Finally, understand what works for you from other people’s perspective. Take input from others about what they understand as your best traits. Often what we see in ourselves does not equal what others see in us. Consult with others that you trust about what they think your image is and take those things into consideration. Their input might help you hone in on aspects of your image that you can develop. Further, it can help you find areas that you may do best to leave as a figment of your imagination.

You can read more about the importance of image here. Additionally, you can get a copy of This Business of Artist Management by Xavier Frascogna and H. Lee Hetherington to read more.

Does A&R Still Have Relevance?

In the old days, before this new digital age, there was something called A&R or Artist & Repertoire. This division of major record labels sought to procure new talent and then match that talent with suitable songwriters, producers, studios and image gurus. It was once a vital part of developing an artist from a diamond in the rough. It was A&R that polished groups like The Temptations and The Supremes at Motown. So, with so many artists taking their careers into their own hands, what is the place for A&R at present?

            Many of the functions that A&R served are now concentrated in the role of a good, solid manager. Good managers are connected enough to be able to get their artists aligned with the right songwriters, producers, etc. Good managers are able to consult with their clients and help them build an image that they can sustain and market. Good managers are instrumental in helping artists use the latest tools available to market and promote their product. So, where does A&R come in?

            Well, according to Music Clout, many indie labels still use A&R to discover new acts. Unsigned talent is still being scouted via A&R departments in smaller record labels. Additionally, the major labels that remain are still putting the time and effort into developing the acts they sign. Therefore, A&R is still a viable department in record labels. Further, it’s unlikely that this will change.

            Frankly, even the most adept musician stands in need of consultation from time to time. Artists are constantly looking to reinvent themselves or find a fresh way to stay on top of the charts. Sometimes these changes mean new production teams or songwriters. Sometimes these changes mean new wardrobes or hairstyle. Regardless, the need for someone to connect all the branches of the artist’s tree still exists. While it is easier for artists to handle many aspects of their careers in this digital age, it is not always the wisest thing for them to do so.

A Lesson in Negotiation

As an indie artist, understanding the art of negotiation is critical.  I recently interviewed Gary Robinson, manager of WCWK Radio, about keys to making the deal and insights to negotiating. Here's what he had to say...

When you consider your previous negotiation experiences would you say you are a hard or soft negotiator? (Are you hard or soft on people?)

I would say that it would depend on the situation and how flexible I am with my terms. I would also say that this depends on who I am negotiating with. There are some people with whom I must draw a harder line.

How do your emotions figure into your negotiation tactics?

I try to leave my emotions out of negotiations. Emotions tend to disable my ability to see things objectively.

Would you say that you are unlikely to change you mind once you have settled on a position?

I think I am pretty flexible on most things. I try not to enter into negotiations with a closed mind. I think that doing so can impede the opportunities to reach a viable solution.

How do you deal with other people’s emotional attachment to an issue or concern during negotiating?

I try to detach them from their emotion by having them explain their position and why it is so important to them. If I can do this, I can generally find a place that we can agree on and take it from there.

Have you ever had to negotiate with a friend or relative?

Yes, I have often had to do so. It has not always been easy. Family and friends often expect a certain degree of concessions. I have found it important to specify that the negotiations are serious and lay the ground rules for how things will be done. That way they do not have reason to fill resentment or anger about the outcome.

What was different about your negotiation tactics in this circumstance?

I am a softer negotiator in a lot of these instances. I tend to be more concerned about the health of the relationship after the negotiation is over. So, I think I concede more or compensate more for the other party’s sake.

How does brainstorming help your negotiation process?

Brainstorming helps me get a better understanding and see what information might be more important. I don’t know everything. I don’t have all the answers. So, brainstorming helps me figure out what may work best even if it’s not the way that I had in mind.

Do you consult experts during your process?

Of course.

How do these consultations help you develop your position?

Yes, consulting experts helps me to better develop my position. It also helps me find drawbacks to my position.

How do you incorporate the other party’s research into your negotiation?

Absolutely. I have learned that there is always room to hear and access opposition. I try to learn something from every perspective. It may come in handy later.

Have you ever found a person’s difference of opinion or belief to be a stumbling block in negotiation?

It has happened. In some of those cases, the negotiations came to an impasse. We left the negotiation table without an agreement. I don’t think I have ever regretted not being able to make a deal. I have chosen, instead, to take those failed negotiations as teachable moments.

Have you ever entered a negotiation without having a BATNA (best alternative to a negotiated agreement)?

I try not to. I always try to have a secondary plan. I think it is always important to have a back up plan. It gives me peace of mind to know that I have alternatives. I don’t feel backed into a corner.

Have you ever had to negotiate with someone using dirty tricks?

Yes.

How have you dealt with them?

I typically refuse to stay at the negotiating table with those that I know are trying to play dirty. I have too many options than to waste my time with dirty games. I advise everyone to develop strong secondary courses of action so that you can easily walk away from those who are playing unfairly.

New Autobiography from Music Mogul, Clive Davis

 

While skimming the LA Times this week, I found a nugget that I am sure will excite many a music mind. It appears that Clive Davis will be releasing an autobiography, due on stands in February 2013. Clive Davis, one of the most prolific and dominant figures in the modern music era, undoubtedly has a great deal of knowledge to share with the masses. Over the years, he has guided the careers of artists like Whitney Houston, Alicia Keys, Janis Joplin, and Bruce Springsteen. Mr. Davis has had an uncanny ability to see talent in its rawest form and cultivate that talent into something extremely profound. Even at 80, he does not appear to be slowing down. As the article states, Davis is “involved in several high-profile albums slated to surface in coming months”.

I am certain that many will be clamoring to get their hands on this book. Many will love reading about Clive Davis’s time with the artists he has facilitated throughout the years. However, this will not be a book fully dedicated to memories and nostalgia. According to the LA Times, this autobiography will also offer insights into what Mr. Davis thinks about the future of the music industry. “He also spoke glowingly of the potential new media held for helping revitalize the industry to which he’s devoted most of his life.”

Essentially, I think that when a great industry legend like Clive Davis speaks, it behooves those serious about their craft to listen. Longevity in a business as temperamental as music does not come from being unintelligent. For those looking to succeed, Clive Davis has decades of knowledge to impart. Additionally, music fans should be able to find delight in the memoirs about their beloved superstars. Personally, I can’t wait to take a look at what advice this prodigious star-maker has to offer. 

Clive Davis Autobiography Due in February 

Pursuing the Paying Gig.

Many emerging artists face the question of whether they should perform gigs without pay. The truth is that this is often a staple of paying dues in the entertainment industry. In the beginning, more often than not gigs will be unpaid or underpaid. This is not a reason to be discouraged. The focus for emerging artists should be two things, honing their skill and promoting their talent. 

(Photo courtesy of Tuning The Concert blog)

Unpaid and underpaid gigs provide training grounds that can help emerging artists improve. These are times to find out what moves the audience, what really brings down the house. These gigs are an opportunity to build a following and add additional gigs to the roster. If emerging artists go into these opportunities with this mindset the paid gigs will soon follow.

Depending on the preparedness of your act, unpaid and underpaid gigs can be an opportunity to bring in revenue from merchandising sells. Artists can have cds on hand to sell after gigs. This can be an opportunity to actually make money though the venue isn’t paying you. I think that most artists would agree that selling merchandise is an end goal of any professional musician.

In the article, How Much Should Your Band Charge for Gigs? Nothing?, writer Marcus Taylor reminds emerging artists that their passion should come first and foremost. He further states that having to pay to perform at some gigs should also be a consideration for artists because, in the end, it balances out. Taylor makes a valid point, these gigs should be viewed as investments in your business, much like studio time. “If you get the opportunity to perform and sell your CDs to 5,000 music fans, and it costs £200 to perform the gig, so what,” Taylor questions.

Again, the emerging artist should focus on two things, honing their skill and promoting their talent. If these two things remain at the forefront of every opportunity, those unpaid and underpaid gigs will turn into a free fall of paid performances.

Joining Professional Associations: Is it a benefit?

Many emerging artists question whether they should join professional organizations. They question what their affiliations with these organizations will actually do for their careers. Others, assume this is the best thing for them to do. Honestly, professional associations have their benefits. They offer opportunities for emerging artists to network and get valuable industry news. However, because these affiliations are not free, it is important for artists to understand which associations will be best for them to join.

Many musicians look to join the Recording Industry Association of America (RIAA). According to the website RIAA "supports and promotes the creative and financial vitality of the major music companies". Membership is comprised of record labels that pay dues. Dues is based on company information like number of employees and annual revenues. A record company that wishes to become a member files a membership application, a signed confidentiality agreement, and a product sample to RIAA. The application is reviewed by the association in a process that can take up to 45 days. If the application is approved, the record company "will receive an approval letter and a sales declaration form, to be returned to PricewaterhouseCoopers (PWC). PWC will calculate your dues based on your gross revenues/market share".

Members receive trade information relating to the recording industry. There is a level of access that comes from membership. Additionally, there is a certain prestige the members have. Again, networking opportunities and resources are shared among members of these associations as well.

Personally, I think independent artists should look into other affiliations aside from RIAA. Here are a few associations that I recommend.

NAPAMA (North American Performing Arts Managers and Agents)
IMA (Indie Managers Association)
aeaa (European Association of Artists Managers)
IAMA (International Artists Manager's Association)
A2IM (American Association of Independent Music)
AIMP (Association of Independent Music Publishers)
Indie Music Association

Hustle and Follow Your Passion!

No matter where you are in your indie career there is always the question of, “how badly do I want this?” There will be horrible days when you may feel like you aren’t making any progress and there will be days when that 9 to 5 looks better and better by the moment. Those days require a stern yet enthusiastic awakening. The kind of awakening that a guy like Gary Vaynerchuk can offer. While searching TED.com, I came across this video from the 2008 Web 2.0 Expo. It’s a jewel for anyone in any walk of life that may be struggling with following his or her heart and passion.

First off, I love Gary Vaynerchuk! My introduction to his wealth of advice came via Twitter in 2010. Looking for people to follow that really had a grasp of branding and social media, his name popped up in a search. I have been a fan of his since. That aside, this video gives a glimpse of why he rocks. It is undeniable that many people are doing things that they hate, not enjoying the aspects of life that should be enjoyable. As an indie artist, part of the reason you are pouring your heart into your music is because you love it. Who would want to face the constant criticism and rejection for something that they hate? Who would want to fillet themselves continuously to audiences and industry heavy hitters for something that they just feel okay about?

When I was performing, I worked the 3pm to 11pm and often had band rehearsals that started at midnight to get ready for gigs. My band rehearsals never felt like work because it was what I loved. I wrote songs at my desk during my lunch hour. Sometimes, I got reprimanded for writing songs in between work tasks. So, I absolutely understand what Vaynerchuk says about doing what you love from 7pm to 2am. If you love it, you’ll make the time for it and you’ll put aside the distractions.

The other thing that I thing you should take from the video is the fact that in this era of communication you have the ability to make your brand everything that you want it to be. You have the opportunity to reach people all over the globe and share your art with them. There really is no excuse. Commit to taking the necessary measures to do what you love.

I’ve become passionate about helping indie musicians because I have been able to reflect on the errors I made. I don’t want anyone to repeat those ridiculous mistakes. Life is too short to spend it committed to any career that you can’t find joy in. Vaynerchuk’s video just solidifies my resolve to help indies do what they are great at and what they love.

The bottom line is there is no do-over on life. If you don’t seize the moment and start to really do what you love the opportunity will fade. Make a plan and start to incorporate time to further your passion and art. Put aside things that aren’t important and start to hustle for what you love. In the long run, you’ll be rewarded in ways you never imagined.

Self-Management: Should You or Shouldn't You?

            Finances are always a concern for the indie musician. The restricted resources that many musicians encounter in the beginning can drive them to distraction. Therefore, the indie musician must learn to work around these issues and make great career decisions. High on the list of great decisions any musician needs to make is their management.

            Management is one of the most vital aspects of any musician’s career. The manager is one of the premiere orchestrators in a musician’s career. The manager should have good connections in the music industry and know how to use those connections to get their artists access to career developing opportunities. Understanding this, many indie musicians find themselves wondering if management is something that they are capable of doing alone. Still, many others find themselves forced to self manage because of circumstance.

            Let’s face it…no one knows better than you what you want your career in music to look like. There is also no one who is going to work harder then you to achieve that. However, self-management requires a commitment and work ethic that not every musician is ready for. Many musicians would prefer to just create and keep their attention away from all the business concerns of the music business. However, sometimes it is difficult to avoid. In fact, I suggest that indie musicians get highly involved in the business end of music.

            MusicBizAcademy.com suggests 35 tips for those musicians who self manage. These tips range from planning to promoting. It is important that indie musicians have a clear career direction. Being organized and working from this defined direction will help the self-managed indie seek and see the right opportunities.

            It is also important to understand that self-management comes with many challenges. The Struggles of Self-Managed Artists on Think Like A Label outlines a few of the situations that indie musicians may encounter. Some of these struggles include not being taken seriously by larger venues and having the vast connections outside management might have. However, an aspiring self-manager should not be discouraged. They should just be prepared to work a bit more diligently.

            Overall, self-management requires a great degree of organization and patience. Indie musicians should be willing to pour every ounce of passion, drive and charisma into the endeavor. Further, they should understand that, although they may be saving money, they are not cutting corners. Understanding the music business and staying abreast of industry news and trends will give them an advantage so its important that self-managers do their research. Any indie artists seeking to manage themselves should fully understand what they are undertaking. Remember, it’s your career and no one knows better than you what you want from it.

Additional reading:

Music Manager and Managerial Roles

The Ever Important Press Kit

     One of the most important elements of a new musician's introduction is the press kit. Often, a press kit can make or break an opportunity. A musician cannot possibly meet with everyone in person. Further, making an impression from the beginning is vital. Therefore, the press kit is a musician's chance to make a bold impact.

     Press kits can be electronic (EPK) or hardcopy. Whatever format you choose do not cut corners. Remember, this is your introduction and it will speak volumes for your brand in the long run. This does not mean that you have to spend every dime your have creating your press kit. Find the best value for your budget and take your time deliberating what illuminates your image best.

     Your press kit should include your biography, demo cd, promotional photos, and any press articles about your band. Live Unsigned Blog lists some additional components that you may wish to consider including like a cover letter. However, it’s important to make sure that you get the basic components well organized. Presentation is everything.

     Because your press kit will go places that you will not making it look good is paramount. MusicThinkTank provides a few suggestions that you can use to make your kit stand out among the many. As a programming director for an Internet radio station, I can attest that unprofessional kits do not get heard. If a press kit hits my desk that has the contact information written on a CDR in Sharpie marker, it’s unlikely that I will listen to it. The content may be stellar but if you don’t take the time and care to package it properly then what does that say for your intent as an artist?

     The bottom line is that you must consistently put your best foot forward. Your press kit will proceed you in most of the situations that are important to your career therefore, make certain that it makes a proper statement about you. Take your time and make sure every element looks professional. One additional tip is to make certain that you put your contact information on everything. If elements should become detached from the package, executives can still contact you rather than walking around with your hot track lamenting the opportunity to work with the next musical genius. 

Looking for electronic press kit (EPK) resources? Try these...

Sonic Bids

Power Press Kits

ReverbNation

Are you ready to ROCK?

Laying a solid foundation

This is not your father’s music industry. The game has changed drastically with the digital age. The music industry was once this secret society shrouded in mystery and notoriety. With digital media and the Internet, the walls have come down and the seedy underbelly has been exposed, for the most part. You still have to be nice to some people to make things happen however, these days it’s easier to know who those people are and try to reach them. Pastor Joel Gregory recently reflected on the power of the Internet and the effect it has had on the six degrees of separation theory. In a sermon on June 3, 2012, he stated that we now live in an age of three degrees of separation instead. So, what does that mean for an indie like you?

Well, the first thing it means is that you have a better shot at getting to the pertinent people you will need to succeed. You will be able to reach those major players in your music career without the labor-intensive workout that was once necessary. You can take meetings via Skype and send your electronic press kit with the greatest of ease. You can make YouTube videos and start viral campaigns to garner the attention you feel your art deserves.

And one of the first people you should be reaching out to is an entertainment attorney. The Music Think Tank article, Best Kept Secret for Advancing Your Music Career, lists all the reasons why an entertainment attorney should be a pertinent part of your successful music team. Besides the mundane tasks of deciphering contracts and navigating lawsuits, the article points out that attorneys are extremely well connected. This means that they often have an inside track to other key players you’ll need to know in the industry. I actually agree with this logic. The cost of being able to stay out of hot legal water is a benefit in itself. Personally, I hate muddling through contracts and reading the fine print. Still, that is one of the most important aspects of what will be your long, illustrious music career. It’s best to start off on the right foot.

Now that you know you’d do good to have an attorney onboard, you may be asking what you’ll have to pay to get one. That’s a logical question. Money is not always easy for an indie to come by. Terry D. Aronoff writes a helpful article on hiring an entertainment attorney. He also points to several aspects of this endeavor that many independent artists may neglect. For example, he gives advice on determining whether your attorney may have a conflict of interest.

While many independent artists are eager to get the ball rolling, performing and recording, it’s important to build a solid team of people that can get you where you professionally want to go. This means that you need to spend time researching and understanding everyone’s position and purpose in your career. One of the fallacies that I committed in my years as a performer was not paying close enough attention to the business end. Often, as artists, we get swept up in the passion of our art. Remember, it’s called the music business for a reason. While this blog will seek to provide as much information as possible you should understand that no one source can tell you everything you need to know. Further, as an independent artist only you can determine what your career in the music industry is going to look like.