Independent artists who sold their music through imeem’s Snocap music storefronts on MySpace and other sites won’t be paid what’s owed even after MySpace Music’s acquisition of some — but not all — of imeem, Wired.com has learned.
MySpace Music bought “certain assets” from imeem, and they do not include imeem’s liability to more than 110,000 independent artists with Snocap storefronts, according to a source with inside knowledge of the deal. Those artists’ contracts mandate they be paid each month if they’re owed more than $20. Some artists have been owed money for more than a year, and the chance of them seeing any money now is, for all intents and purposes, zero, the source says.
Artists attempting to get paid for songs sold through Snocap stores — many or most of which were on MySpace itself — must get in line with imeem’s bank and other creditors. MySpace Music paid less than $1 million for imeem, so it’s doubtful much will remain for the artists.
“MySpace Music bought a limited set of imeem’s assets including the domain name and certain technology and trademarks,” a MySpace spokeswoman said in an e-mail to Wired.com. “The asset sale to MySpace Music was part of a foreclosure process which resulted from the lien certain secured creditors had on all the assets of imeem. MySpace Music did not acquire imeem’s outstanding debts, including the money imeem owed to artists under the Snocap relationship. Upon closing, users trying to access the Imeem website were redirected to MySpace Music. We did not acquire imeem’s contracts or relationships as we have our own in place. MySpace Music has its own distribution platform, which includes relationships with prominent aggregators and indie labels, that provides indie artists ways to monetize their music on our site.”
One source with inside knowledge of the deal said MySpace Music’s rushed purchase of imeem’s assets forced it to “leave behind anything that either had explicit liability or potential liability,” including Snocap and its debts to thousands of independent artists and bands.
Napster creator Shawn Fanning co-founded Snocap in 2002 to let artists sell their music through an embeddable storefront widget. At one point, the service was marketed as the exclusive way for artists to sell music on MySpace. Imeem bought Snowcap last summer. But because MySpace left most aspects of Snocap out of its acquisition of imeem’s assets, all 110,000 or so of those storefronts are gone. The server that hosts them is offline and so is the Snocap website.
Possibly the last band to be paid by imeem for music sold through a Snocap store embedded on MySpace was Javelin, which happens to be my brother’s and cousin’s band. After they inquired about money listed as owed in its online account, imeem sent them a check for about $400 for approximately a year and a half of sales.
That may not be “a princely sum,” as Tim Quirk put it. But for growing bands — many of whose income trickles in from a variety of sources — it matters, especially when you consider that imeem’s payments to major labels helped drive it out of business in the first place.
There’s nothing technically wrong with MySpace Music only acquiring certain assets from imeem, and teams of lawyers scrutinized the deal before it was done. Regardless, in this latest round of digital musical chairs, independent artists who set up music stores in good faith have been left holding the bag.
Showing posts with label business. Show all posts
Showing posts with label business. Show all posts
Thursday, March 25, 2010
Monday, September 28, 2009
Ignoring RIAA Lawsuits Cheaper Than Going to Trial
Jammie Thomas-Rasset and Joel Tenenbaum captured the nation's attention when they were defendants in the RIAA's first two trials against accused online infringers. But here's the mind-warping reality: both defendants would have been far better off monetarily if they had simply ignored the complaint altogether and failed to show up in court.
That counterintuitive logic played out again this week in Massachusetts, where federal judge Nancy Gertner issued four default judgments against accused P2P file-swappers who never bothered to respond to the charges against them. Their failure to appear meant an automatic loss, and though the judge does have some discretion in setting penalties, judges often pick the minimum awards in such cases.
That was true in all four cases, where Gertner accepted the record labels' claims and awarded them the minimum statutory damages of $750 per song. The defendants were accused of downloading an average of ten songs, putting total awards in the $7,500 range, in addition to a few hundred more for court costs.
Having $7,500 in damages assessed against you by a federal court is no picnic, but it pales in comparison to the two twenty-somethings who actually showed up to court, got attorneys, went through a multiyear process and a nationally covered trial, and came out the other side owing far more money.
The chart below illustrates the point by graphing the various damage awards per song:
When it comes to total damages, the disparities are even greater. Thomas-Rasset's retrial ended up with a $1.92 million award, while Tenenbaum faces $675,000 in damages. Those who didn't show up owe around $7,500.
In fact, this might well have been Tenenbaum's fate. He was actually included in a massive complaint consolidated into a single docket, and it was only when he showed up to a court hearing that Gertner stopped the default judgment proceeding against him and actually helped find him a lawyer—Harvard Law prof Charles Nesson. Now, Tenenbaum faces a life-altering damage award and the prospect of bankruptcy if not reduced or overturned on appeal.
Update: I was interested more in what happens within the federal court system for this article, but several commenters rightly point out that "not showing up" isn't the cheapest way out of such situations. Settling with the RIAA usually leads to payments of between $3,000 and $5,000, lower than the default judgments issued here by Judge Gertner. Convincing a jury that you're innocent could be cheaper still (if you find a pro bono lawyer), though it comes with certain obvious risks.
That counterintuitive logic played out again this week in Massachusetts, where federal judge Nancy Gertner issued four default judgments against accused P2P file-swappers who never bothered to respond to the charges against them. Their failure to appear meant an automatic loss, and though the judge does have some discretion in setting penalties, judges often pick the minimum awards in such cases.
That was true in all four cases, where Gertner accepted the record labels' claims and awarded them the minimum statutory damages of $750 per song. The defendants were accused of downloading an average of ten songs, putting total awards in the $7,500 range, in addition to a few hundred more for court costs.
Having $7,500 in damages assessed against you by a federal court is no picnic, but it pales in comparison to the two twenty-somethings who actually showed up to court, got attorneys, went through a multiyear process and a nationally covered trial, and came out the other side owing far more money.
The chart below illustrates the point by graphing the various damage awards per song:
When it comes to total damages, the disparities are even greater. Thomas-Rasset's retrial ended up with a $1.92 million award, while Tenenbaum faces $675,000 in damages. Those who didn't show up owe around $7,500.
In fact, this might well have been Tenenbaum's fate. He was actually included in a massive complaint consolidated into a single docket, and it was only when he showed up to a court hearing that Gertner stopped the default judgment proceeding against him and actually helped find him a lawyer—Harvard Law prof Charles Nesson. Now, Tenenbaum faces a life-altering damage award and the prospect of bankruptcy if not reduced or overturned on appeal.
Update: I was interested more in what happens within the federal court system for this article, but several commenters rightly point out that "not showing up" isn't the cheapest way out of such situations. Settling with the RIAA usually leads to payments of between $3,000 and $5,000, lower than the default judgments issued here by Judge Gertner. Convincing a jury that you're innocent could be cheaper still (if you find a pro bono lawyer), though it comes with certain obvious risks.
Saturday, August 1, 2009
Jury Awards $675K in Boston Music Downloading Case
A federal jury on Friday ordered a Boston University graduate student who admitted illegally downloading and sharing music online to pay $675,000 to four record labels.
Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels.
Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful. The maximum jurors could have awarded in Tenenbaum's case was $4.5 million.
Jurors ordered Tenenbaum to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were willful. The attorney for the 25-year-old student had asked the jury earlier Friday to "send a message" to the music industry by awarding only minimal damages.
Tenenbaum said he was thankful that the case wasn't in the millions and contrasted the significance of his fine with the maximum.
"That to me sends a message of 'We considered your side with some legitimacy,'" he said. "$4.5 million would have been, 'We don't buy it at all.'"
He added he will file for bankruptcy if the verdict stands.
Tenenbaum's lawyer, Harvard Law School professor Charles Nesson, said the jury's verdict was not fair. He said he plans to appeal the decision because he was not allowed to argue a case based on fair use.
The Recording Industry Association of America issued a statement thanking the jury for recognizing the impact illegal downloading has on the music community.
"We appreciate that Mr. Tenenbaum finally acknowledged that artists and music companies deserve to be paid for their work," the statement said. "From the beginning, that's what this case has been all about. We only wish he had done so sooner rather than lie about his illegal behavior."
Tenenbaum would not say if he regretted downloading music, saying it was a loaded question.
"I don't regret drinking underage in college, even though I got busted a few times," he said.
The case is only the nation's second music downloading case against an individual to go to trial.
Last month, a federal jury in Minneapolis ruled that Jammie Thomas-Rasset, 32, must pay $1.92 million, or $80,000 on each of 24 songs, after concluding she willfully violated the copyrights on those tunes.
The jury began deliberating the case Friday afternoon.
After Tenenbaum admitted Thursday he is liable for damages for 30 songs at issue in the case, U.S. District Judge Nancy Gertner ruled that the jury must consider only whether his copyright infringement was willful and how much in damages to award four recording labels that sued him over the illegal file-sharing.
In his closing statement Friday, Nesson repeatedly referred to Tenenbaum as a "kid" and asked the jury to award only a small amount to the recording companies. At one point, Nesson suggested the damages should be as little as 99 cents per song, roughly the same amount Tenenbaum would have to pay if he legally purchased the music online.
But Tim Reynolds, a lawyer for the recording labels, recounted Tenenbaum's history of file-sharing from 1999 to 2007, describing him as "a hardcore, habitual, long-term infringer who knew what he was doing was wrong." Tenenbaum admitted on the witness stand that he had downloaded and shared more than 800 songs.
Tenenbaum said he downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins and other artists. The recording industry focused on only 30 songs in the case.
The music industry has typically offered to settle such cases for about $5,000, though it has said that it stopped filing such lawsuits last August and is instead working with Internet service providers to fight the worst offenders. Cases already filed, however, are proceeding to trial.
Tenenbaum testified that he had lied in pretrial depositions when he said his two sisters, friends and others may have been responsible for downloading the songs to his computer.
Under questioning from his own lawyer, Tenenbaum said he now takes responsibility for the illegal swapping.
"I used the computer. I uploaded, I downloaded music ... I did it," Tenenbaum said.
Associated Press writer Jeannie Nuss contributed reporting from Boston.
Joel Tenenbaum, of Providence, R.I., admitted in court that he downloaded and distributed 30 songs. The only issue for the jury to decide was how much in damages to award the record labels.
Under federal law, the recording companies were entitled to $750 to $30,000 per infringement. But the law allows as much as $150,000 per track if the jury finds the infringements were willful. The maximum jurors could have awarded in Tenenbaum's case was $4.5 million.
Jurors ordered Tenenbaum to pay $22,500 for each incident of copyright infringement, effectively finding that his actions were willful. The attorney for the 25-year-old student had asked the jury earlier Friday to "send a message" to the music industry by awarding only minimal damages.
Tenenbaum said he was thankful that the case wasn't in the millions and contrasted the significance of his fine with the maximum.
"That to me sends a message of 'We considered your side with some legitimacy,'" he said. "$4.5 million would have been, 'We don't buy it at all.'"
He added he will file for bankruptcy if the verdict stands.
Tenenbaum's lawyer, Harvard Law School professor Charles Nesson, said the jury's verdict was not fair. He said he plans to appeal the decision because he was not allowed to argue a case based on fair use.
The Recording Industry Association of America issued a statement thanking the jury for recognizing the impact illegal downloading has on the music community.
"We appreciate that Mr. Tenenbaum finally acknowledged that artists and music companies deserve to be paid for their work," the statement said. "From the beginning, that's what this case has been all about. We only wish he had done so sooner rather than lie about his illegal behavior."
Tenenbaum would not say if he regretted downloading music, saying it was a loaded question.
"I don't regret drinking underage in college, even though I got busted a few times," he said.
The case is only the nation's second music downloading case against an individual to go to trial.
Last month, a federal jury in Minneapolis ruled that Jammie Thomas-Rasset, 32, must pay $1.92 million, or $80,000 on each of 24 songs, after concluding she willfully violated the copyrights on those tunes.
The jury began deliberating the case Friday afternoon.
After Tenenbaum admitted Thursday he is liable for damages for 30 songs at issue in the case, U.S. District Judge Nancy Gertner ruled that the jury must consider only whether his copyright infringement was willful and how much in damages to award four recording labels that sued him over the illegal file-sharing.
In his closing statement Friday, Nesson repeatedly referred to Tenenbaum as a "kid" and asked the jury to award only a small amount to the recording companies. At one point, Nesson suggested the damages should be as little as 99 cents per song, roughly the same amount Tenenbaum would have to pay if he legally purchased the music online.
But Tim Reynolds, a lawyer for the recording labels, recounted Tenenbaum's history of file-sharing from 1999 to 2007, describing him as "a hardcore, habitual, long-term infringer who knew what he was doing was wrong." Tenenbaum admitted on the witness stand that he had downloaded and shared more than 800 songs.
Tenenbaum said he downloaded and shared hundreds of songs by Nirvana, Green Day, The Smashing Pumpkins and other artists. The recording industry focused on only 30 songs in the case.
The music industry has typically offered to settle such cases for about $5,000, though it has said that it stopped filing such lawsuits last August and is instead working with Internet service providers to fight the worst offenders. Cases already filed, however, are proceeding to trial.
Tenenbaum testified that he had lied in pretrial depositions when he said his two sisters, friends and others may have been responsible for downloading the songs to his computer.
Under questioning from his own lawyer, Tenenbaum said he now takes responsibility for the illegal swapping.
"I used the computer. I uploaded, I downloaded music ... I did it," Tenenbaum said.
Associated Press writer Jeannie Nuss contributed reporting from Boston.
Monday, May 4, 2009
Surprise! Study Shows Few Indies on Radio
Artist advocacy group The Future Of Music Coalition has released a new report “Same Old Song" confirming that indie music is not getting its fair share of airplay on broadcast radio.In April 2007, the FCC found widespread payola and ordered the four largest U.S. radio groups (Clear Channel, CBS, Citadel and Entercom) to pay $12.5 million in fines and work with the American Association of Independent Music (A2IM) to draft 8 “Rules of Engagement" and an “indie set-aside" including 4,200 hours of unsigned and indie label music.
But FMC's new survey of Mediaguide airplay data shows little has changed in the 2 years since the FCC decree. Indie music did make slight gains at AAA Non-comm. and Country radio. But at all 5 other dominant radio formats (AC, Urban AC, Active Rock, CHR Pop, and Triple A Comm.) the share of indie music played remained stagnant at 78-82% despite ndies comprising 30-40% of the marketplace.
Not surprisingly, the FMC also found that there were very few slots for any new music .There too, new major label songs typically receive more spins than indies. Finally, FMC looked at the indie labels...
themselves and found that only a handful of indies have the resources and clout to garner airplay consistently. For the remaining indies, airplay is infrequent and modest, if it happens at all.
“As this report dramatically shows, we are still haunted by the ghost of payola, whether real or imagined." commented Peter Gordon of Thirsty Ear Records and indie music's lead negotiator with radio.
Rich Bengloff, President of A2IM adds, “Independent music accounts for approximately 38% of digital sales in the U.S. and over 40% of audience impressions at internet radio ,but consistently receives only slightly more than 10% of traditional commercial radio airplay. It's obvious that music fans want independent music, and commercial radio programmers continue to ignore that demand at their own peril."
Sunday, April 19, 2009
Wednesday, March 4, 2009
Sell It Yourself.....
The system is bullshit that you only make about 77,000 dollars from sales topping 2 million.....let's say each copy was sold for 15 bucks each. At 2 million copies, that is 30 million dollars. And she only sees 77 grand? She is right, someone is getting rich off those sales and it sure as hell aint the one who wrote the material.
Lily Allen Angry for Not Earning Enough Money From Album Sales
Lily Allen is unhappy when finding out that she has earned only 50,000 pounds from her debut album "Alright, Still" despite its impressive selling point, which reached almost two million copies worldwide. "I don't make any money out of record sales at all. I make money out of touring and syncs, publishing," she says during an interview in Q Radio.
"My songs being put on 'Grey's Anatomy' things like that," Lily reveals further. "I don't make any money at all from selling an album, which is probably why I feel so angry about doing all this promotion because I am not earning any money out of it, someone else (is) and they don't have to live with the lasting effects."
In related news, Lily Allen has hinted to make a live appearance at this year's Glastonbury Festival during an interview with Absolute Radio Hometime DJ Geoff Lloyd. "I will be playing lots of festival this year. I'm not allowed to say which. But yes, one begins with a G," she states.
Lily's second studio album "It's Not Me, It's You" meanwhile is due to hit the U.K. market on February 9. Its sounds will reportedly range from jazz, country to dance music.
Lily Allen Angry for Not Earning Enough Money From Album Sales
Lily Allen is unhappy when finding out that she has earned only 50,000 pounds from her debut album "Alright, Still" despite its impressive selling point, which reached almost two million copies worldwide. "I don't make any money out of record sales at all. I make money out of touring and syncs, publishing," she says during an interview in Q Radio.
"My songs being put on 'Grey's Anatomy' things like that," Lily reveals further. "I don't make any money at all from selling an album, which is probably why I feel so angry about doing all this promotion because I am not earning any money out of it, someone else (is) and they don't have to live with the lasting effects."
In related news, Lily Allen has hinted to make a live appearance at this year's Glastonbury Festival during an interview with Absolute Radio Hometime DJ Geoff Lloyd. "I will be playing lots of festival this year. I'm not allowed to say which. But yes, one begins with a G," she states.
Lily's second studio album "It's Not Me, It's You" meanwhile is due to hit the U.K. market on February 9. Its sounds will reportedly range from jazz, country to dance music.
Thursday, February 26, 2009
A Recession Is Great For Freelance Work
Now would be a good time to concentrate on making money with your talents, not skills. Get out and talk to people and offer your services. Advertise your services.
Always thought about freelance work but have not found the right time? Well, if we are faced with a recession, experience shows that a recession can be a good time to be a freelancer.
Many larger companies and organizations lay off full-time employees and contract the work out to freelance professionals. It's cheaper for the some companies because they don't have to pay related benefits or long-term employment issues.
How do you get started? You don't need to even quit your full-time job. Becoming a part-time freelance professional has never been easier. Then, if you decide you have enough work and want to switch to full-time later...you can. Some people just stay part-time and enjoy the extra income.
In order to get started, the first step is finding a good freelance community and search for work that may be of interest to you. There are many different freelance communities with thousands of different jobs available. You will just have to find the one that fits your interests and goals.
Once you have found work that you are interested in, you will either apply or bid on the available work. You may not be chosen for every assignment, but with so many available, you are certain to find just the right work for you.
Then you work with employers, complete your assignments, and receive payment.
As you complete more and more work, you will earn a reputation as a freelance professional...so if a recession hits, they will pick you as their worker of choice.
Always thought about freelance work but have not found the right time? Well, if we are faced with a recession, experience shows that a recession can be a good time to be a freelancer.
Many larger companies and organizations lay off full-time employees and contract the work out to freelance professionals. It's cheaper for the some companies because they don't have to pay related benefits or long-term employment issues.
How do you get started? You don't need to even quit your full-time job. Becoming a part-time freelance professional has never been easier. Then, if you decide you have enough work and want to switch to full-time later...you can. Some people just stay part-time and enjoy the extra income.
In order to get started, the first step is finding a good freelance community and search for work that may be of interest to you. There are many different freelance communities with thousands of different jobs available. You will just have to find the one that fits your interests and goals.
Once you have found work that you are interested in, you will either apply or bid on the available work. You may not be chosen for every assignment, but with so many available, you are certain to find just the right work for you.
Then you work with employers, complete your assignments, and receive payment.
As you complete more and more work, you will earn a reputation as a freelance professional...so if a recession hits, they will pick you as their worker of choice.
Thursday, February 19, 2009
Beatport Imposes New Rules That Hurt Indies
Indie artists are getting a real surprise from Beatport. They have increased their sales quota to a mandatory $500.00 quarterly in sales. This means many artists will be cut and dropped from Beatport.
The explanation is as follows:
That is about 300 to 400 songs per quarter, per artist. If I was selling that many tracks a month from just 1 site, not including making that from iTunes and so on, I would be selling it all myself from my own site. I only use these places for exposure. Not profit.
I have always felt with Beatport, it was all about the money. They never cared about the artists. They have the money to dominate the market, so they can set the rules as they please.
I do not think that Beatport should dictate who "indie artists" are by the amount of money they have or make. What they are saying is that you are not an artist that creates unless you have money.
It is no surprise to me in this world. For a long time, many talented artists have been silenced and kept down because they had no money. The Internet leveled that playing field giving indies a more affordable way to promote.
I know a quote that says, "It is a flawed society that causes art to be created within a financial means..." - the author is unknown.
So the Beatport fad will end and most probably the site will lose out. I think it is a major mistake to turn your backs on the indies.
There is always iTunes and the other 1000 digital shops to sell your stuff on...
www.504productions.com
The explanation is as follows:
The reasoning behind this new, higher benchmark is for several reasons. We wantI am an indie artist that does every thing by myself plus this is my profession and how I make my money. I am not a hobbyist. I also though am not a machine.
to keep the quality and the relevancy of content available on Beatport as high
as possible. We acknowledge and understand that labels do take some time to
build a brand, but we also feel that a higher income minimum serves to separate
the ‘hobbyist’ from the serious professional (or aspiring professional) producer
and/or label manager.
That is about 300 to 400 songs per quarter, per artist. If I was selling that many tracks a month from just 1 site, not including making that from iTunes and so on, I would be selling it all myself from my own site. I only use these places for exposure. Not profit.
I have always felt with Beatport, it was all about the money. They never cared about the artists. They have the money to dominate the market, so they can set the rules as they please.
I do not think that Beatport should dictate who "indie artists" are by the amount of money they have or make. What they are saying is that you are not an artist that creates unless you have money.
It is no surprise to me in this world. For a long time, many talented artists have been silenced and kept down because they had no money. The Internet leveled that playing field giving indies a more affordable way to promote.
I know a quote that says, "It is a flawed society that causes art to be created within a financial means..." - the author is unknown.
So the Beatport fad will end and most probably the site will lose out. I think it is a major mistake to turn your backs on the indies.
There is always iTunes and the other 1000 digital shops to sell your stuff on...
www.504productions.com
Congress Restores Arts Funding, Drops Arts Stimulus Ban, After Public Outcry
Here in the US, Congressional Democrats have reversed not one but both bad decisions on the role of the arts in the economic stimulus package. Provisions that would have blocked any stimulus funds from reaching arts centers, museums, and theaters have been dropped. (Golf courses and casinos are still in the ban. Maybe this time, someone read the actual legislation.) And the US$50 million (out of some $800 billion) that would go to the National Endowment for the Arts, dropped from a Senate version, has been restored to the bill. It appears both of those changes not only cleared the House but are part of the Senate version that’s in votes as I write this.
If you believe artists shouldn’t rely exclusively on government funding, you can still celebrate. The arts will receive far less of a handout than a lot of other industries — and do more with it. Arts advocacy groups estimate that for every dollar of the NEA money, another seven dollars will come from public and private supporters. What the tiny amount of federal spending does is make up for shortfalls in lean times, protecting an arts sphere that depends on a variety of sources for revenue. Nearly 15,000 real jobs could be saved by those same estimates. That means an arts infrastructure in the US that can remain healthy and independent.
But the important story here has nothing to do with the stimulus bill, or even the US. It’s that public outcry from people like you rescued this legislation. And if public support can do that, it can do a lot more for the arts, not only in federal spending but other key areas.
Americans for the Arts says supporters from its organization alone sent some 100,000 messages and letters to their Members of Congress. That’s not counting the many more letters and phone calls from constituents, not to mention letters to the editor and press attention.
Here’s one example from CDM comments, by Dartanyan Brown:
If you believe artists shouldn’t rely exclusively on government funding, you can still celebrate. The arts will receive far less of a handout than a lot of other industries — and do more with it. Arts advocacy groups estimate that for every dollar of the NEA money, another seven dollars will come from public and private supporters. What the tiny amount of federal spending does is make up for shortfalls in lean times, protecting an arts sphere that depends on a variety of sources for revenue. Nearly 15,000 real jobs could be saved by those same estimates. That means an arts infrastructure in the US that can remain healthy and independent.
But the important story here has nothing to do with the stimulus bill, or even the US. It’s that public outcry from people like you rescued this legislation. And if public support can do that, it can do a lot more for the arts, not only in federal spending but other key areas.
Americans for the Arts says supporters from its organization alone sent some 100,000 messages and letters to their Members of Congress. That’s not counting the many more letters and phone calls from constituents, not to mention letters to the editor and press attention.
Here’s one example from CDM comments, by Dartanyan Brown:
I heard the congressman from Nashville (!) talking down the $50 million for the
National Endowment for the Arts. I immediately called his office and let his
staffers know that (blue dog democrat Cooper) was full of hot air on this issue.
As a synthesist, jazz musician and former NEA artist-in-residence I had the
facts and anecdotes to make my points clear.
If Rush Limbaugh can get his folks to call, we can at least counteract them with some facts and persistence.
Call them, they listen, they respond to numbers.
More background on today’s developments:
- House passes stimulus bill with $50 million for artists (Los Angeles Times)
- U.S. Senate Begins Voting on Obama’s $787 Billion Stimulus Plan (Bloomberg)
To all of you who were active, and to our elected representatives who got this right, thanks.
Targeting the arts in this way may have backfired for those elements seeking to vilify it. Instead, it caused thousands of people to rally to the cause. Here’s an example of organizing meetings in Chicago - and a renewed sense that the arts could be part of the economic solution, not the “costly distraction” so many try to make it out to be.
- Organizing Around Art (Chicago Tribune)
Wednesday, February 18, 2009
Ban on Arts Stimulus, Declare Arts Worker Jobs Not “Real”
Folks, we have a lot of work ahead of us in the good ole' USA...
The plot in US politics, in the space of a few short weeks, has gone something like this:
- A new Administration could bring new vision to making the arts part of the economy.
- Arts spending is wasteful.
- Any spending on anything should be specifically prohibited from reaching the arts, as that would be wasteful and evil, and the arts are the best symbol of Waste itself.
As digital musicians and visualists, relevancy to the rest of the people around us is important. What we do can be meaningful to people, and it can pay for our health care and our loved ones and our kids. It’s often not a life or death thing - but then, neither are many jobs. It’s a gig. Heck, even if it’s a hobby, it supports someone else’s gig.
So that raises some really deep questions about what’s going on with our society when arts-related jobs are singled out above nearly every other sector as meaningless or “wasteful” or not “real jobs.” This stimulus bill will pass, but that fundamental misunderstanding isn’t going anywhere - and it’s time to recognize there’s a problem, and start to work to set it right.
Roughly half of one one hundredth of one percent of the US economic stimulus plan was slated to support job protection in the arts — US$50 million. Meanwhile, we’ve just passed one trillion-dollar bailout of finance and are told another trillion is needed.
You might expect anger to be directed at finance, given their industry was at the heart of the problem. Instead, legislators single out — the arts?
In last-minute negotiations in the US Senate, legislators — including key liberal Democrats — have gone still further to ban any use of stimulus funds for the arts (”museums,” “theaters,” and “arts centers” get singled out). The move was largely symbolically-motivated, not fiscally-motivated. Adding insult to injury, arts institutions are lumped together with casinos and golf courses - literally.
- U.S. Senate Votes Against the Arts (Chicago Examiner)
- Arts Bashing (Center for American Progress)
Congress Restores Arts Funding, Drops Arts Stimulus Ban, After Public Outcry
Here in the US, Congressional Democrats have reversed not one but both bad decisions on the role of the arts in the economic stimulus package. Provisions that would have blocked any stimulus funds from reaching arts centers, museums, and theaters have been dropped. (Golf courses and casinos are still in the ban. Maybe this time, someone read the actual legislation.) And the US$50 million (out of some $800 billion) that would go to the National Endowment for the Arts, dropped from a Senate version, has been restored to the bill. It appears both of those changes not only cleared the House but are part of the Senate version that’s in votes as I write this.
If you believe artists shouldn’t rely exclusively on government funding, you can still celebrate. The arts will receive far less of a handout than a lot of other industries — and do more with it. Arts advocacy groups estimate that for every dollar of the NEA money, another seven dollars will come from public and private supporters. What the tiny amount of federal spending does is make up for shortfalls in lean times, protecting an arts sphere that depends on a variety of sources for revenue. Nearly 15,000 real jobs could be saved by those same estimates. That means an arts infrastructure in the US that can remain healthy and independent.
But the important story here has nothing to do with the stimulus bill, or even the US. It’s that public outcry from people like you rescued this legislation. And if public support can do that, it can do a lot more for the arts, not only in federal spending but other key areas.
Americans for the Arts says supporters from its organization alone sent some 100,000 messages and letters to their Members of Congress. That’s not counting the many more letters and phone calls from constituents, not to mention letters to the editor and press attention.
Here’s one example from CDM comments, by Dartanyan Brown:
I heard the congressman from Nashville (!) talking down the $50 million for the
National Endowment for the Arts. I immediately called his office and let his
staffers know that (blue dog democrat Cooper) was full of hot air on this issue.
As a synthesist, jazz musician and former NEA artist-in-residence I had the
facts and anecdotes to make my points clear.
If Rush Limbaugh can get his folks to call, we can at least counteract them with some facts and persistence.
Call them, they listen, they respond to numbers.
More background on today’s developments:
- House passes stimulus bill with $50 million for artists (Los Angeles Times)
- U.S. Senate Begins Voting on Obama’s $787 Billion Stimulus Plan (Bloomberg)
To all of you who were active, and to our elected representatives who got this right, thanks.
Targeting the arts in this way may have backfired for those elements seeking to vilify it. Instead, it caused thousands of people to rally to the cause. Here’s an example of organizing meetings in Chicago - and a renewed sense that the arts could be part of the economic solution, not the “costly distraction” so many try to make it out to be.
- Organizing Around Art (Chicago Tribune)
Major Labels Need To Rethink The 360 Deal
The music industry needs a rethink of the new business model of the `360 Deal` if they ever want it to work, according to speakers at the Big Sound music conference.
The 360 Deal is an idea based on a record company taking a percentage of all revenue streams of an artist, such as tickets, merchandise and publishing. But, as the speakers agree, it is not that simple.
Eleven Records founder John Watson, whose roster includes Silverchair and Missy Higgins, says that until the label has its own merch company or publishing company or ticketing company, then it is not in the interests of an artist to enter into a 360 deal.
“There are no rights without responsibility,” he said. “You have to deliver what you promise.”
Dew Process founder Paul Piticco, who has Powderfinger and The Living End on his roster concurs. “There is better value in getting bread from a baker and meat from a butcher.” he stated. “You won’t get the best results if you give all the rights to one person.”
Michael Parisi, Managing Director of Mushroom Records and Head of A&R for Warner Music said, “If I was a young band right now, I would be every concerned where the majors are going. But there are artists who will take the cheque book every time.”
Parisi can see the sea-change occurring in the industry. “We will start to see the word ‘partnership’ more in deals with artists,” he said.
Piticco also sees the change happening but isn’t prepared to predict the outcome. “No-one can say what the format of the industry will be so for my company it is about creating options for the artist,” he said. “An artist doesn’t need to give away his merch so we have options and solutions.”
While the future was blurry, the past was crystal clear. “The major record company was the major force,” John Watson said. “The record company co-owned the recording rights and the record company screwed the artist and then the artist was screwing everyone else so everyone was happy.”
“Young artists aren’t interested in record deals anyone,” he said. “”It might just be a better deal to sign to a publishing deal with someone who can help you develop your career. It is not about selling plastic. It is about building a touring career”.
The Big Sound music industry summit and showcase attracted over 300 delegates from the international music industry. The conference, presented by Q Music, happened from September 10-12 in Brisbane.
The 360 Deal is an idea based on a record company taking a percentage of all revenue streams of an artist, such as tickets, merchandise and publishing. But, as the speakers agree, it is not that simple.
Eleven Records founder John Watson, whose roster includes Silverchair and Missy Higgins, says that until the label has its own merch company or publishing company or ticketing company, then it is not in the interests of an artist to enter into a 360 deal.
“There are no rights without responsibility,” he said. “You have to deliver what you promise.”
Dew Process founder Paul Piticco, who has Powderfinger and The Living End on his roster concurs. “There is better value in getting bread from a baker and meat from a butcher.” he stated. “You won’t get the best results if you give all the rights to one person.”
Michael Parisi, Managing Director of Mushroom Records and Head of A&R for Warner Music said, “If I was a young band right now, I would be every concerned where the majors are going. But there are artists who will take the cheque book every time.”
Parisi can see the sea-change occurring in the industry. “We will start to see the word ‘partnership’ more in deals with artists,” he said.
Piticco also sees the change happening but isn’t prepared to predict the outcome. “No-one can say what the format of the industry will be so for my company it is about creating options for the artist,” he said. “An artist doesn’t need to give away his merch so we have options and solutions.”
While the future was blurry, the past was crystal clear. “The major record company was the major force,” John Watson said. “The record company co-owned the recording rights and the record company screwed the artist and then the artist was screwing everyone else so everyone was happy.”
“Young artists aren’t interested in record deals anyone,” he said. “”It might just be a better deal to sign to a publishing deal with someone who can help you develop your career. It is not about selling plastic. It is about building a touring career”.
The Big Sound music industry summit and showcase attracted over 300 delegates from the international music industry. The conference, presented by Q Music, happened from September 10-12 in Brisbane.
I Really Dont Want To Get a Regular Job
Written by Jason Isbell
Jason Isbell and The 400 Unit's eponymous album will be released on February 17, 2009 on Lightning Rod Records . Jason Isbell and The 400 Unit is Isbell's second solo release and his first release with his band The 400 Unit. Prior to his solo career Jason was a member of Drive-By Truckers from 2001 to 2007.
When giving anyone advice about the music business, or anything in general, I find it necessary to have a sense of what the person or group of people is trying to achieve. The trick to manipulating the entertainment industry is knowing your specific goals and being willing to work very hard, cut dead weight, and take some chances in order to get there.
For most musicians, at least most that I know, expectations change as time goes on. When I was thirteen, for example, I spent a great deal of my time daydreaming about fame and wealth. In my mind, I had already chosen jobs for all my friends, though there weren't that many, and I had planned out every initial conversation with all my heroes. While these dreams haven't left me altogether, my priorities now line up far more evenly with my reality. Today, my wildest dreams of rock stardom can be boiled down to this: I really don't want to get a regular fucking job. I think that's an achievable goal that, in the long run, can make me very happy, indeed.
It's clear that this isn't enough for everyone. If you want to be a star, which I don't advise, you should probably stay with a more traditional method of using the business. Audition for anything that comes your way, network until your iPhone is full of numbers and your soul is locked away in your inner monologue (the soul just gets in the way of celebrity), and listen with feverish intensity to that wisest of fanny-packed and man-sandled sage, the A&R person. Allow that person's creative input to guide your creative output, and he or she will be your guide to credibility and artistic worth, at least in the eyes of the average. If you write songs, don't scare anybody. Keep it short and don't try to impress. Dress accordingly. Find a manager that demands at least twenty percent. Anything less, and you'll find yourself up saddle creek without a paddle. You'll probably want to devote every realized thought and every waking hour to understanding and pronouncing the word 'yes'. Make it your mantra. You'll get time for yourself later, when you're loaded and can afford to hide.
This is clearly not the path for folks like us. I write songs to teach myself how to feel about something, and when I see a crowd of people in front of me, singing along to those songs, I can't help but think I'm not alone in this world. This interaction is a plant that must be grown and cultivated. Find people you trust to water it when you're away. At this point in my career, the best tip I can give anyone is this: Work with your friends. Oh, and don't have stupid, greedy, negligent friends. Seems easy enough, I guess.
Internet, internet, internet. Any discussion of the music business would not be complete without the inclusion the of the mighty mighty media, the new Goliath killer that allows all of us shoe-gazing Davids access to the most powerful slingshot in history. With a click or two, we can propel our music to all corners of the world, or receive music form the least popular new band in Belgium. Become familiar with it. Unknown bands now have the ability to spend their spare time spreading the word without anyone else's help or authorization. I could sit in front of my computer and connect with hundreds or thousands of people in a day's time. If only a small percentage of these folks ever become fans of my band, that is a big step in the right direction. MySpace, Facebook, iTunes, YouTube... It's as if these sites have been custom built for emerging bands and artists, and they're easy to use. Don't complain about their power, and don't underestimate it.
Tour, tour, tour. My final piece of advice for those interested in making a living in music is to get your ass on the road. You don't have to wait on labels or radio or anything else. The Ford Econoline van is the greatest automobile ever made. Get one, load it up, and call in every favor you can. Trust friends to tell you where to play and put in a good word with the booker. If you're any good and you work hard, you should be able to find someone to take over your booking. Once you get an agent, you can usually find a manager. Once you have an agent and a manager, you can usually find a label. Don't be afraid to fire any of these people at any time, and remember that they work for you, not the other way around. In many cases, you could do their job, but they can't do yours.
If you work very hard and still have no success, there's a chance that you might be making bad music. If that's the case, I can't help you. However, if you put all of your energy into achieving well-thought-out goals, like that of not having to work a regular job and making the best music you can make, something might accidentally catch fire and you might find yourself with a hit. Stranger things have happened. More than likely, though, you'll build a relatively small but loyal group of fans that will follow you to your grave. That can enable you to make music for a living for the rest of your life, and that's way better than being famous. I hope.
www.knowthemusicbiz.com
Jason Isbell and The 400 Unit's eponymous album will be released on February 17, 2009 on Lightning Rod Records . Jason Isbell and The 400 Unit is Isbell's second solo release and his first release with his band The 400 Unit. Prior to his solo career Jason was a member of Drive-By Truckers from 2001 to 2007.
When giving anyone advice about the music business, or anything in general, I find it necessary to have a sense of what the person or group of people is trying to achieve. The trick to manipulating the entertainment industry is knowing your specific goals and being willing to work very hard, cut dead weight, and take some chances in order to get there.
For most musicians, at least most that I know, expectations change as time goes on. When I was thirteen, for example, I spent a great deal of my time daydreaming about fame and wealth. In my mind, I had already chosen jobs for all my friends, though there weren't that many, and I had planned out every initial conversation with all my heroes. While these dreams haven't left me altogether, my priorities now line up far more evenly with my reality. Today, my wildest dreams of rock stardom can be boiled down to this: I really don't want to get a regular fucking job. I think that's an achievable goal that, in the long run, can make me very happy, indeed.
It's clear that this isn't enough for everyone. If you want to be a star, which I don't advise, you should probably stay with a more traditional method of using the business. Audition for anything that comes your way, network until your iPhone is full of numbers and your soul is locked away in your inner monologue (the soul just gets in the way of celebrity), and listen with feverish intensity to that wisest of fanny-packed and man-sandled sage, the A&R person. Allow that person's creative input to guide your creative output, and he or she will be your guide to credibility and artistic worth, at least in the eyes of the average. If you write songs, don't scare anybody. Keep it short and don't try to impress. Dress accordingly. Find a manager that demands at least twenty percent. Anything less, and you'll find yourself up saddle creek without a paddle. You'll probably want to devote every realized thought and every waking hour to understanding and pronouncing the word 'yes'. Make it your mantra. You'll get time for yourself later, when you're loaded and can afford to hide.
This is clearly not the path for folks like us. I write songs to teach myself how to feel about something, and when I see a crowd of people in front of me, singing along to those songs, I can't help but think I'm not alone in this world. This interaction is a plant that must be grown and cultivated. Find people you trust to water it when you're away. At this point in my career, the best tip I can give anyone is this: Work with your friends. Oh, and don't have stupid, greedy, negligent friends. Seems easy enough, I guess.
Internet, internet, internet. Any discussion of the music business would not be complete without the inclusion the of the mighty mighty media, the new Goliath killer that allows all of us shoe-gazing Davids access to the most powerful slingshot in history. With a click or two, we can propel our music to all corners of the world, or receive music form the least popular new band in Belgium. Become familiar with it. Unknown bands now have the ability to spend their spare time spreading the word without anyone else's help or authorization. I could sit in front of my computer and connect with hundreds or thousands of people in a day's time. If only a small percentage of these folks ever become fans of my band, that is a big step in the right direction. MySpace, Facebook, iTunes, YouTube... It's as if these sites have been custom built for emerging bands and artists, and they're easy to use. Don't complain about their power, and don't underestimate it.
Tour, tour, tour. My final piece of advice for those interested in making a living in music is to get your ass on the road. You don't have to wait on labels or radio or anything else. The Ford Econoline van is the greatest automobile ever made. Get one, load it up, and call in every favor you can. Trust friends to tell you where to play and put in a good word with the booker. If you're any good and you work hard, you should be able to find someone to take over your booking. Once you get an agent, you can usually find a manager. Once you have an agent and a manager, you can usually find a label. Don't be afraid to fire any of these people at any time, and remember that they work for you, not the other way around. In many cases, you could do their job, but they can't do yours.
If you work very hard and still have no success, there's a chance that you might be making bad music. If that's the case, I can't help you. However, if you put all of your energy into achieving well-thought-out goals, like that of not having to work a regular job and making the best music you can make, something might accidentally catch fire and you might find yourself with a hit. Stranger things have happened. More than likely, though, you'll build a relatively small but loyal group of fans that will follow you to your grave. That can enable you to make music for a living for the rest of your life, and that's way better than being famous. I hope.
www.knowthemusicbiz.com
Tuesday, February 17, 2009
iTunes Success in 12 Steps
How Indie Artist "Making April" Systematically Went from 0 to 1,000 Sales a Week on iTunes in One Year
by Ariel Hyatt, Ariel Publicity
© 2009 All Rights Reserved
I recently was having lunch with my dear friend, music attorney extraordinaire Dan Friedman, who was in town to showcase a band he represents who he mentioned was selling 1,000 singles a week on iTunes.
My jaw almost hit the table. 1,000 singles a week on iTunes?
Who is this band? And how are they doing this? And he coughed up the answer (and luckily for me their phone number).
A few days later, I cold called Greg from "Making April", who it turns out are an emo/piano rock band (kind of like Ben Folds Five), and we spent an hour and a half on the phone. Greg generously spilled the beans as to how Making April got to where they are today: selling 1,000 CD singles a week on iTunes and signed to a record deal.
How They Did It…
Greg explained that they decided to make a full time business out of their band. Everyday at 9 AM, three of the four members met in what they called "The War Room," which was a room reserved in one of their homes. They took it seriously, just like a job, and every day they would set simple goals.
“In the beginning we really did not know what we were doing,” Greg recalls. “The daily goal was to make the maximum amount of friends on MySpace, which is 400 a day. Between three of us, that was 133 each.” Here’s how it went from there.
Step 1: Find sound alikes – famous bands similar to you. - They started by looking at similar bands in their genre that had large friends lists at MySpace. Dashboard Confessional, for example. They would go and they would ping each and every friend in Dashboard Confessional's friends list…
Step 2: Ping each person. And then they would go to the comments and post:
"Hey if you like Dashboard Confessional, you're probably going to like Making April. Would you please come check us out and leave a comment?" Then, people would check them out and leave comments.
Step 3: Get personal. The band would then personally respond and personally thank everyone that left a comment. And they always signed their name using a sig file, which included their IM address.
Step 4: Instant Messenger bonanza. Then they would get their new fans’ information through Instant Messenger, and they would sit all day long on Instant Messenger chatting back and forth with their new friends, and according to Greg it was crazy. They actually couldn't turn on their IM because the minute they would open it up, they’d get thousands of people trying to ping them. So they had to post their status as “Away” on their IM because their buddy list was insane.
TIP! Give your music away. The whole time, they were giving away their music for free to build their audience.
Step 5: Run contests. After several months making thousands of personal contacts, a new marketing idea struck them: Making April decided to create a contest to run for their fans. They asked fans to add them to their “Top 8” friends. This success of the contest manifested in the band getting even more MySpace traction.
Each of the 20 people in the contest got points for convincing others to add their video and/or song. According to Greg it got completely out of control.
After this successful contest, a company called Brickfish took notice and offered to help them launch a second contest. Entrants had to design a T-shirt, and in return the band would write a song for the winner.
So, out of a well planned T-shirt contest they got an additional 100,000 hits to their page in two weeks, and the winner got a shirt, a personal call from the band, and an original song written about them. “It was unbelievable.”
Step 6: Engage your audience consistently. Another of their strategies was to send out a bulletin every single day. Not a hypey bulletin pushing themselves, but a simple one that would engage their fans by asking a question like, “Should we get chunky peanut butter or smooth”
They felt that there was no reason to blog because they weren't really on the road, and they didn’t have a lot of news to report, so they just kept asking questions on their bulletins, day in and day out. And they had a call to action: They would ask everyone on the bulletins to comment back on their pages. They would get hundreds of responses from people, which then would add a track play and a front page hit to their MySpace page. Just due to the question, they would get 500 messages instantly, and 600+ comments a day.
Step 7: MTV action. After their wildly successful Brickfish contest, they got a song placed on MTV’s “Laguna Beach.” They don't really know how they ended up on that show – they think a fan probably e-mailed the track to MTV – but the episode aired three times, and all of a sudden they noticed people started to buy the download.
Step 8: Get ready to charge for tracks (after a solid fan base is built). It was only after all of this traction and attention that Making April started pushing their iTunes page. This was after a full year of solid online promotions. They took the free MP3s off of their MySpace page and they started seeing their sales pick up.
Step 9: Repeat and repeat and repeat… and repeat. They put a big wall-mounted dry erase board on the wall of the war room, and every day they each had a goal to make 150 friends and comment back personally.
Step 10: Measure your goals and write them down. Then they laid out a weekly plan to hit their goals and numbers at iTunes, which were 200 plays and 400 friends a day. They also went after the friends of another a band called Secondhand Serenade (who blew up after becoming the number one unsigned artist at MySpace).
Step 11: Be masterful at one thing. I asked Greg if they did blogging, podcasting, Twitter, or other social networking sites, and to my surprise, he said “no.” They did this all on MySpace alone. The goal for MySpace was to consistently add 200 friend requests and 400 plays to the traffic they were already generating.
Step 12: A record deal. Because of all of their solid dedicated focus, Universal Republic Records took notice and offered them a deal. The moral of the story and the end result of all this work: Making April got a deal.
Was this process easy? No. It took solid dedication, trial and error, and a hell of a lot of time invested, but Making April managed to be one of the top selling bands at iTunes in 2007 and they beat a vast majority of artists signed to major labels.
I think this is a phenomenal and an inspirational story and one that teaches us lots of lessons. From my experience, musicians tend to give up too easily and lose focus, and then become defeated and give up. Making April proves that with a plan and some dedication, you can get very far with the tools available to anyone who wants to give it a go.
Check them out here: www.myspace.com/makingapril
by Ariel Hyatt, Ariel Publicity
© 2009 All Rights Reserved
I recently was having lunch with my dear friend, music attorney extraordinaire Dan Friedman, who was in town to showcase a band he represents who he mentioned was selling 1,000 singles a week on iTunes.
My jaw almost hit the table. 1,000 singles a week on iTunes?
Who is this band? And how are they doing this? And he coughed up the answer (and luckily for me their phone number).
A few days later, I cold called Greg from "Making April", who it turns out are an emo/piano rock band (kind of like Ben Folds Five), and we spent an hour and a half on the phone. Greg generously spilled the beans as to how Making April got to where they are today: selling 1,000 CD singles a week on iTunes and signed to a record deal.
How They Did It…
Greg explained that they decided to make a full time business out of their band. Everyday at 9 AM, three of the four members met in what they called "The War Room," which was a room reserved in one of their homes. They took it seriously, just like a job, and every day they would set simple goals.
“In the beginning we really did not know what we were doing,” Greg recalls. “The daily goal was to make the maximum amount of friends on MySpace, which is 400 a day. Between three of us, that was 133 each.” Here’s how it went from there.
Step 1: Find sound alikes – famous bands similar to you. - They started by looking at similar bands in their genre that had large friends lists at MySpace. Dashboard Confessional, for example. They would go and they would ping each and every friend in Dashboard Confessional's friends list…
Step 2: Ping each person. And then they would go to the comments and post:
"Hey if you like Dashboard Confessional, you're probably going to like Making April. Would you please come check us out and leave a comment?" Then, people would check them out and leave comments.
Step 3: Get personal. The band would then personally respond and personally thank everyone that left a comment. And they always signed their name using a sig file, which included their IM address.
Step 4: Instant Messenger bonanza. Then they would get their new fans’ information through Instant Messenger, and they would sit all day long on Instant Messenger chatting back and forth with their new friends, and according to Greg it was crazy. They actually couldn't turn on their IM because the minute they would open it up, they’d get thousands of people trying to ping them. So they had to post their status as “Away” on their IM because their buddy list was insane.
TIP! Give your music away. The whole time, they were giving away their music for free to build their audience.
Step 5: Run contests. After several months making thousands of personal contacts, a new marketing idea struck them: Making April decided to create a contest to run for their fans. They asked fans to add them to their “Top 8” friends. This success of the contest manifested in the band getting even more MySpace traction.
Each of the 20 people in the contest got points for convincing others to add their video and/or song. According to Greg it got completely out of control.
After this successful contest, a company called Brickfish took notice and offered to help them launch a second contest. Entrants had to design a T-shirt, and in return the band would write a song for the winner.
So, out of a well planned T-shirt contest they got an additional 100,000 hits to their page in two weeks, and the winner got a shirt, a personal call from the band, and an original song written about them. “It was unbelievable.”
Step 6: Engage your audience consistently. Another of their strategies was to send out a bulletin every single day. Not a hypey bulletin pushing themselves, but a simple one that would engage their fans by asking a question like, “Should we get chunky peanut butter or smooth”
They felt that there was no reason to blog because they weren't really on the road, and they didn’t have a lot of news to report, so they just kept asking questions on their bulletins, day in and day out. And they had a call to action: They would ask everyone on the bulletins to comment back on their pages. They would get hundreds of responses from people, which then would add a track play and a front page hit to their MySpace page. Just due to the question, they would get 500 messages instantly, and 600+ comments a day.
Step 7: MTV action. After their wildly successful Brickfish contest, they got a song placed on MTV’s “Laguna Beach.” They don't really know how they ended up on that show – they think a fan probably e-mailed the track to MTV – but the episode aired three times, and all of a sudden they noticed people started to buy the download.
Step 8: Get ready to charge for tracks (after a solid fan base is built). It was only after all of this traction and attention that Making April started pushing their iTunes page. This was after a full year of solid online promotions. They took the free MP3s off of their MySpace page and they started seeing their sales pick up.
Step 9: Repeat and repeat and repeat… and repeat. They put a big wall-mounted dry erase board on the wall of the war room, and every day they each had a goal to make 150 friends and comment back personally.
Step 10: Measure your goals and write them down. Then they laid out a weekly plan to hit their goals and numbers at iTunes, which were 200 plays and 400 friends a day. They also went after the friends of another a band called Secondhand Serenade (who blew up after becoming the number one unsigned artist at MySpace).
Step 11: Be masterful at one thing. I asked Greg if they did blogging, podcasting, Twitter, or other social networking sites, and to my surprise, he said “no.” They did this all on MySpace alone. The goal for MySpace was to consistently add 200 friend requests and 400 plays to the traffic they were already generating.
Step 12: A record deal. Because of all of their solid dedicated focus, Universal Republic Records took notice and offered them a deal. The moral of the story and the end result of all this work: Making April got a deal.
Was this process easy? No. It took solid dedication, trial and error, and a hell of a lot of time invested, but Making April managed to be one of the top selling bands at iTunes in 2007 and they beat a vast majority of artists signed to major labels.
I think this is a phenomenal and an inspirational story and one that teaches us lots of lessons. From my experience, musicians tend to give up too easily and lose focus, and then become defeated and give up. Making April proves that with a plan and some dedication, you can get very far with the tools available to anyone who wants to give it a go.
Check them out here: www.myspace.com/makingapril
Wednesday, February 11, 2009
Monday, January 12, 2009
Copyright Criminals
Copyright Criminals: This Is a Sampling Sport examines the creative and commercial value of musical sampling, including the related debates over artistic expression, copyright law, and (of course) money.
This documentary traces the rise of hip-hop from the urban streets of New York to its current status as a multibillion-dollar industry. For more than thirty years, innovative hip-hop performers and producers have been re-using portions of previously recorded music in new, otherwise original compositions. When lawyers and record companies got involved, what was once referred to as a “borrowed melody” became a “copyright infringement.”
The film showcases many of hip-hop music’s founding figures like Public Enemy, De La Soul, and Digital Underground—while also featuring emerging hip-hop artists from record labels Definitive Jux, Rhymesayers, Ninja Tune, and more. It also provides an in-depth look at artists who have been sampled, such as Clyde Stubblefield (James Brown's drummer and the world's most sampled musician), as well as commentary by another highly sampled musician, funk legend George Clinton.
As artists find ever more inventive ways to insert old influences into new material, this documentary asks a critical question, on behalf of an entire creative community: Can you own a sound?
http://www.copyrightcriminals.com
This documentary traces the rise of hip-hop from the urban streets of New York to its current status as a multibillion-dollar industry. For more than thirty years, innovative hip-hop performers and producers have been re-using portions of previously recorded music in new, otherwise original compositions. When lawyers and record companies got involved, what was once referred to as a “borrowed melody” became a “copyright infringement.”
The film showcases many of hip-hop music’s founding figures like Public Enemy, De La Soul, and Digital Underground—while also featuring emerging hip-hop artists from record labels Definitive Jux, Rhymesayers, Ninja Tune, and more. It also provides an in-depth look at artists who have been sampled, such as Clyde Stubblefield (James Brown's drummer and the world's most sampled musician), as well as commentary by another highly sampled musician, funk legend George Clinton.
As artists find ever more inventive ways to insert old influences into new material, this documentary asks a critical question, on behalf of an entire creative community: Can you own a sound?
http://www.copyrightcriminals.com
Saturday, January 10, 2009
Digital Boom Creates Music Sales Record
British music sales are booming as young fans increasingly buy songs online rather than illegally downloading them, the country's industry body said Wednesday.
The BPI, formerly known as the British Phonographic Industry, said big-selling releases by artists including Leona Lewis, Coldplay, the Killers and Take That also helped drive sales to record levels last year.
The industry has struggled in recent years to adapt to rapidly changing technologies, and has been hit hard by illegal downloading of music via peer-to-peer (P2P) file-sharing websites.
But download sales grew by 33 percent last year, while 2008 was the biggest sales year on record in terms of singles sales in all formats, with 115 million single tracks sold.
The deepening recession has hit some retailers -- notably Woolworths and high street music retailer Zavvi, formerly Virgin Megastore -- but in other ways it could even be helping the industry, said BPI boss Geoff Taylor.
"Every business and consumer in the UK is having a tough time, and these difficult trading conditions make the resilience of the UK's music market all the more notable," he said.
"During a recession, people look for purchases that are excellent value for money and bring a lot of enjoyment, and music does just this," he added.
While downloads of single tracks have soared, the market for albums has also been helped by growing online sales: some 10 million albums were sold, a 65 percent increase on 2007.
Kim Bayley, head of the Entertainment Retailers Association, said traditional high street music sales were also holding up. "Music performed better in UK stores in 2008 than anyone had expected.
"The big lesson of 2008 is that if the music is strong enough and retailers work well with suppliers to get that product in-store, music fans will respond and buy in their droves."
The upbeat British music news came a day after US technology giant Apple said that every song in its iTunes library will be available without anti-piracy software by April.
The BPI, formerly known as the British Phonographic Industry, said big-selling releases by artists including Leona Lewis, Coldplay, the Killers and Take That also helped drive sales to record levels last year.
The industry has struggled in recent years to adapt to rapidly changing technologies, and has been hit hard by illegal downloading of music via peer-to-peer (P2P) file-sharing websites.
But download sales grew by 33 percent last year, while 2008 was the biggest sales year on record in terms of singles sales in all formats, with 115 million single tracks sold.
The deepening recession has hit some retailers -- notably Woolworths and high street music retailer Zavvi, formerly Virgin Megastore -- but in other ways it could even be helping the industry, said BPI boss Geoff Taylor.
"Every business and consumer in the UK is having a tough time, and these difficult trading conditions make the resilience of the UK's music market all the more notable," he said.
"During a recession, people look for purchases that are excellent value for money and bring a lot of enjoyment, and music does just this," he added.
While downloads of single tracks have soared, the market for albums has also been helped by growing online sales: some 10 million albums were sold, a 65 percent increase on 2007.
Kim Bayley, head of the Entertainment Retailers Association, said traditional high street music sales were also holding up. "Music performed better in UK stores in 2008 than anyone had expected.
"The big lesson of 2008 is that if the music is strong enough and retailers work well with suppliers to get that product in-store, music fans will respond and buy in their droves."
The upbeat British music news came a day after US technology giant Apple said that every song in its iTunes library will be available without anti-piracy software by April.
Free PHP Script That Sells Your Beats and Music!
504 Productions (www.504productions.com) will help you install this script for 25 bucks.....customization is extra though! But check it out if you want to sell your tunes. They have a mini flash player plus many many many more features.......
Maian Music
Introduction:
Music is my first love, so its a surprise its taken me so long to develop something music based. I had the idea for this script in 2006 when someone mentioned adapting Maian Cart into an .mp3 system. This script enables you to preview and sell your music in .mp3 format. In the live demo you`ll find some of my own music from a few years ago. Some of you may remember it from M-Dream a while ago. Enjoy the script!
Script Features:
- Easy to use mp3 music store to sell/preview mp3 tracks
- Add unlimited albums
- Group tracks into albums
- XHTML/CSS public layout
- Premium Beat flash music player for mp3 previews
- Store mp3 files outside of web root for security
- Store album mp3 files in their own folders
- Expiry limits for downloads and download page for track protection
- Built in check to prevent linking to download page
- Option for discount if whole album is purchased
- Supports 15 currencies
- Paypal IPN test mode available via Sandbox
- Optional mod_rewrite for search engine friendly urls
- Structure albums as parent/child association. ie: Sub categories
- Optional SMTP send mail option
- RSS feed to show latest albums
- Option to include artwork download link with full album purchase
- Graphical stats to view most popular track/album purchases
- Search engines for both public and admin interface
- Simple cart system
- Option to add smaller mp3 file for previews
- Template driven for easy HTML editing
- Auto installation file
- Public interface contact option
- Option to contact buyers from admin interface
- View sales in admin area with album/track purchase details
- About and Licence pages updateable via settings
- Option to re-send download link to buyer
Requirements/Testing Environments:
PHP v4.3.0 or higher.
Paypal Business or Premier Account
CURL support enabled for Paypal IPN system
GD graphics library with Freetype support for captcha
Browser Testing: IE7, IE6, Opera 9.2.5, Firefox 3.0
Local Server Testing: Apache server (2.2.4) running PHP v5.2.5, MySQL v5.0.45-nt
Production Server Testing: Apache server running PHP v5.2.4, MySQL 4.1.22-standard
Error Reporting Level for Development: E_ALL
http://www.maianscriptworld.co.uk/free-php-scripts/maian-music/free-mp3-music-store-system/index.html
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