Licensing a Cover Song

If you want to cover a song on an album you will need to obtain a MECHANICAL license. The good news is that user-friendly tools are available to help you get the licenses you need. If you are an indie artist, attorney with a hankering to release an album, church group, or other musical group… you can use the online licensing services offered by Limelight at (https://www.songclearance.com/) to obtain mechanical licenses.

A FEW POINTS ABOUT MECHANICAL LICENSES VIA LIMELIGHT:

• You need a mechanical license before distributing a recording containing a song or composition that you didn’t write.
• The most common mechanical uses are digital downloads, CD’s and ringtones.
• You need to secure mechanical licenses even if you are giving your CD’s, downloads and ringtones away for free.
• Limelight’s Pricing Calculator estimates that the cost to license a song for 100 CD’s is $24.10 and for 100 CD’s + 100 digital downloads is $48.20. (this cost includes the royalty fee and Limelight’s service fee) – check out the calculator at https://www.songclearance.com/clearance/calculator

A FEW OTHER POINTS TO KEEP IN MIND:

• Good idea to check with Limelight even if you think that you are using a work that is in the Public Domain… because, you want to make sure that you are not using a copyrighted arrangement of a Public Domain work
• If you wish to license a song or Master recording to use with a film or other visual content (including YouTube videos), the type of license that you need is a SYNCHRONIZATION license. (Contact the publisher directly for a synch license).
• If you are including a recording of someone else’s music in your album (for example within a track or as an instrumental line) you need a MASTER USE license, need to clear the publishing/composition rights AND secure a mechanical license.

Getting a Gigs

One of the best ways to build up a fan base for your band is to get out there and play live, as often as your can. But often bands find themselves between a rock and hard place - to get a gig, you need an audience, but to get an audience, you need a gig. You can rise above that, however, and get your band in front of the crowd if you follow the right steps. This how-to guide will cover getting a single show, but many of these steps can be built upon to book your band an entire tour.

1. Think Locally - The best place to start looking for gigs is in your own backyard. Get to know the music scene in your area. What venues and promoters are willing to give up and coming bands a chance? What bands in your area play live often and might need a support act? What venues in your area put on touring bands, who might need a local opening act? To get a gig, all of these factors can come into play. Approaching the right venues will open doors to you, and there is strength in numbers, so working together will the other bands in the area will increase the opportunities for everyone. (Plus, you can share gear!)
2. Get your Promo Package Together - Have a standard package ready to introduce yourself to venues and promoters. Much like the package you use when you send a demo to a label , this promo package should be short and sweet. Include a short demo CD, a short bio or one sheet to introduce the band, and some press clippings, if you have any (especially ones that review live performances). If you're going to approach people by email instead, cut and paste the info into the body of an email and include a link to a site where your music can be heard. Don't send attachments - most people won't open them.
3. Approach the Venue - To get a gig directly with a venue, call and find out who is in charge of booking bands and send them your promo package. They may tell when to contact them again. If not, give them about a week, and follow up by phone or email. Keep trying until you get an answer. If you've haven't played live much, your best bet is try to get on an existing bill with a band that already has a bit of a following. Keep in mind that if you book with a venue, you may be in charge of promoting the show yourself and paying venue rental fees, unless you are invited on to an existing concert bill.
4. Approach the Promoter - If you'd rather not self promote and take on venue fees, you can approach a promoter to get a gig. Send your promo pack to the promoter and follow up in the same way you would with a venue. If a promoter agrees to get you a show, they will book the venue and promote the show for you, but you may need to send them posters you have made yourself to do so.
   If the promoter doesn't want to put you on by yourself yet, ask them if they have any shows you could play as an opening act. If they say no, check in from time to time to remind them you are always available as a support act.
5. Understand the Deal - This is the trickiest part for most bands. First, understand that when you are just getting started, you often will not make money on your shows. In fact, you may even end up out of pocket. That doesn't mean it was all for nothing - building up your fan base will mean you do make money on future gigs.
   If you do make money, you will either have a deal where you get paid a pre-agreed amount no matter how many people turn up, or you will have a door split deal. Either deal is fine and fair. Focus on building your audience and not the money right now.
6. Play the Gig - Sounds obvious, I know, but the way you handle the gig can have a lasting impact on your ability to get future shows. Show up on time for the soundcheck and if there are other bands playing, remember everyone needs time for their soundcheck. Be professional - there is likely to be free drinks around, but remember everyone is there to hear your music, not to see if you can handle your beer. Don't sell yourself short by getting on stage in anything but your top shape, ready to play a great show. Play a good show, be courteous and professional, and you'll soon be getting more show offers!

Tips:

1. Don't Get Caught Up on the Deal - This is worth repeating. Your goal is build up your audience. Promoters and venues are taking a chance on you when you are just getting started - they will be more willing to give you a chance if you don't have a lot of financial demands.
2. But Don't Pay to Play - If you're putting on your own show, of course you may have to pay a venue hire fee and you may to pay some promotional costs. However, don't pay money simply to get on a bill, and don't trust anyone who asks you to.
3. Invite the Press - Keep the entertainment writers at your local papers informed about your activities and always invite them to the show. Also, keep your local radio stations up to date on what's happening with your band and when you're playing.
4. Respect the Guest List - Guests lists have a way of getting out of hand, fast. Don't push it with promoters with the guest list when you are trying to build up a name for yourself. If you're part of a larger bill, you may not even have any guest list spaces. If you do, use what you have and be done with it. Don't try to get 50 of your closest cheapskate friends into every show for free. You'll get a bad name for yourself.

Can I Drop My Demo Off at The Record Label?

When you're eager to for the powers that be at your favorite record label to listen to your demo, the idea of stopping by the label HQ, CD in hand, is tempting. But is it ever a good idea?

In a word - NO. In almost every instance, dropping by a record label office unannounced to give them your demo is going to backfire on you. There are a few reasons for this:

• It's Uncomfortable: No one at the label wants to be subjected to listening to your demo in front of you, and no one really wants to accept it from you in person, either. That's not because people at the label have a bad attitude, and it's not a reflection on your music. The truth is, everyone at the label understands how much your demo means to you, and the truth is also that the vast majority of the demos any label hears will be demos they end up turning down. Giving the label the space to judge your demo on their own terms will work in your favor - putting them on the spot will not.
• It's Not Really an Office: This one only counts for small, indie labels, but you might be surprised how many of your favorite music business are operating out of someone's bedroom/garage/dining room/guest room. Turning up at someone's house? Awkward. And a little scary.
• The Receptionist Is Ready For You: On the other end of the spectrum, major labels have front desk receptionist who have dealt with people bearing demos on, oh, maybe ten thousand occasions. You're not getting past them. Plus, a vast majority of labels that have receptionists don't accept unsolicited demos.
• You'll be Remembered For The Wrong Reasons: It can seem like visiting a record label with your demo shows a bit of spunk and "go get 'em" attitude. It may seem like a great way to make an impression. Well, that it certainly can be. You might not be forgotten. You're unlikely to be remembered fondly.

Almost every record label has a demo policy clearly listed on their website, and it is in your best interest to follow it to the letter. The demo policy isn't there to make your life difficult. It exists so that the label has an efficient way of dealing with the demos that pour into even the tiniest of labels. The demo policy exists so that your demo gets the chance it deserves, or in the case that the demo policy is "no demos," to save you from wasting your time approaching a label that can't help you. It may seem like a record label's demo policy creates a barrier between you and the label - and in a sense it does - but the policy is your friend. It ensures your demo gets a fair airing.

Now, the caveat. Every rule has exceptions. You may happen upon a label that invites drop-in visitors, and there is likely to be some musician, somewhere, who got a deal by bursting into a label office with a demo. You may also win the lottery. Your best bet with demos is to stick to the guidelines.

Music Business Terms Talking the Industry Talk

If you're trying to get started in the music business, it can sound like everyone is speaking a different language, with all of their demos, promos, one sheets and whozits and whatzits. Don't know the lingo? Don't sweat it! These basic music industry terms will give you all of the vocab you need to talk like an old hat music biz pro. If you want to know more about any of the terms here, just click on the word and you'll go to a more in depth definition.

360 Deals

An increasingly common major label deal structure in which the label not only earns income from the sale of recorded music of their artists but also gets a cut of other artist income, including money generated by touring and merchandise sales.

Big Four LabelsAgent

Someone who liaises with promoters and venues to book gigs for bands. (Sometimes people use the term "agent" when they really mean "manager" - careful!)

Major record labels.

Demo

A sample recording of a band's music. Often rough recordings or early versions of "songs in progress."

Big Four Labels

Major record labels.

Demo

A sample recording of a band's music. Often rough recordings or early versions of "songs in progress."

Big Four Labels

Major record labels.

Demo

A sample recording of a band's music. Often rough recordings or early versions of "songs in progress."

Music Book Summer Reading List 2013

Summer lends itself to reading, what with all the pools and beaches and such. Instead of sticking your nose in some sappy romance or predictable who-dun-it, turn the pages of these music related tomes. Some of these books are straight up music business books and others are more artist focused, but they all have a little something to teach. The books listed here were suggested by readers.

Recommendations by: Bruce Burch, Joel A. Katz Music and Entertainment Business Program at Kennesaw State University:

• All You Need to Know about The Music Business by Donald S. Passman
• Money, Music and Success by Todd and Jeff Brabec
• The Future of Music by Gerd Leonhard and Dave Kusek
• Indie Business Power by Peter Spellman

Recommendations by: Kamal Jabbar Palace Music Group, LLC

• A Cure for Gravity by Joe Jackson
• Hit Men: Power Brokers and Fast Money Inside the Music Business by Fredric Dannen
• Can't Stop Won't Stop by Jeff Chang and Kool Herc
• What They'll Never Tell You about The Music Business by Peter M. Thall
• The Indie Band Survival Guide by Randy Chertkow and Jason Freehan

Sync License

A music synchronization license - or sync license, for short - is a music license that allows the license holder to "sync" music to some kind of media output. Often sync licenses are used for TV shows and movies, but any kind of visual paired with sound requires a sync license.

A sync license gives you the right to use a song and sync it with a visual in that when you hold a sync license, you are allowed to re-record that song for use in your project. If you want to use a specific version of the song by a specific artist, you also need to get a master recording license. Typically, a sync license is obtained from a music publisher while the master recording license is obtained by from the record label or owner of the master.

A sync license covers a specific period of time, and the license will stipulate how the song can be used. There is one flat fee involved in obtaining a sync license, and once the license is in place, the song can be used as stipulated as many times within the license period as the license holder likes. In other words, if you obtain a sync license and use the song in a film, you do not have to pay a fee on the sync every time the film is viewed.

Also Known As: synchronization license, synch license

Who Clears My Music Samples?

This advice is general in nature and not intended to take the place of legal advice. You should seek legal advice before entering into a contract with publishers and master owners. Further, keep in mind that the specifics of your own circumstance may be different.

Answer:

If you use a sample in your music, you must receive sample clearance before you can release it for sale - or at least, you should. Most record labels won't touch a record with uncleared samples, and even if you are going the DIY route, failing to clear the samples you use leaves you open to considerable legal trouble.

Clearing music samples is an absolute must, but it is not always the easiest process in the world. There are two parties you have to deal with: the owner of the master and the publisher. Samples are not subject to compulsory licenses, which means that either party can deny your use of the sample - and you need them both on board to legally use your sample.

Before you can get sample clearance, you have to record the song, so the record label that owns the master and publisher can see how you plan to use it. Not only do they simply want to make sure they are ok with the song, they also want to see how much you use the original recording. This helps them determine the price they will charge you for using the recording.

In terms of pricing, the owners and publishers have pretty free reign to charge you what they want. The label/master owner will usually want an advance plus a royalty on all sales. The publisher will want partial ownership of the copyright plus royalties for the songwriter and publishing money. The share you have to give to the publisher could be significant - according to attorney Donald S. Passman, author of All You Need To Know About The Music Business, you could be asked to give up more than 50% to the publisher, depending on how you use the original track.

Keep in mind that if your song has more than one sample on it, you have to repeat this process for each - even if you think you have altered the sample so much that it is no longer identifiable as the original track. It can be a tedious and expensive process - but not nearly as expensive as getting busted for copyright violation. Don't risk it.