MUSIC GENRE: Pop/Rock

CATEGORY ENTERED: EP

ARTISTS FEATURED:  Kate Moran

RECORD LABEL: Self-released

DESCRIBE YOUR LATEST RELEASE: My music ranges from Pop/Rock and a little Funk with a bit of Soul to round out the sound.  My five-song EP, On the Avenue, produced by Paul Ottinger (Virginia Coalition), is a collection of songs that we co-wrote, inspired by my life growing up in Del Ray, a neighborhood just outside of 
Washington D.C. Beginning with a bang, some violin, and a little 
organ, “All I Ever Wanted” the first track on the EP moves into funky beats and piano keys on the next track, “Keeping me Awake.” The crushingly sweet, “I Dreamed,” walks you down 
the avenue and then rocks you back into the country with the simple sound on, “Where I’m Going.” Where the EP ends, is in the emotionally 
charged and soulfully explored sounds that remind us that we all can and will, “Carry On.” Many of the songs deal with life, love, and growth. The song that is the most special to me, though, is “Carry On”.  My family suddenly and tragically lost someone very special to us in
2003, my Aunt, who was an active and vibrant part of the Del
Ray community. She taught me a great deal about who I wanted to be and what I have become today.

WERE THERE ANY ‘HAPPY ACCIDENTS’ IN THE STUDIO? Paul and I did some recording at the high school that we both attended, growing up here in Alexandria. They had an amazing baby grand piano that we were able to use for some of the piano tracks. Because the orchestra had left the timpani’s there after some performance, Paul, being the amazing musician that he is, quickly grabbed them and recorded some tracks.   You can hear them at the end of “Keeping Me Awake!”

WHY DID YOU CHOOSE TO SUBMIT THIS WORK TO THE 10TH IMAS? I think that independent musicians work hard and The IMAs definitely support their work and effort. The feedback on the site that I applied through also showed The IMA organization to have a very positive impact on artists exposure.

DID FANS HELP FUND THIS PROJECT? I produced the majority of my EP using my own funds, and with the help of a friend, was able to get hard copies  as well.

HAVE YOU EVER HUNG OUT WITH ONE OF YOUR MUSICAL HEROES? I have worked at the Birchmere (a 500 seat music hall in Alexandria, VA) off and on for years, since I was in college, waiting tables. This has allowed me to enjoy some amazing musicians. But the best moment was recently when I met, Amy Ray, from the Indigo Girls who I grew up singing along to in high school. When asked what advise she had for a new singer-songwriter, she said, “To get as many gigs as you can, and keep performing.” I have definitely taken that advice and work it the best I can!

WHAT’S YOUR MOST MEMORABLE ACHIEVEMENT TO DATE? The creation of this EP seemed to be just a distant dream and idea in my head a few years ago, and when I received the package with my EP in it back in August, to hold it in my hands, see the lyrics and listen to the lyrics, that was enough. To take a dream and see it become a reality was enough for me…

NAME SOME ARTISTS YOU ARE CHAMPIONING: Locally, Danni Rosner, The Walkaways, Wes Tucker, Justin Trawick, East Hundred, Catie Curtis, Hem, Virginia Coalition and probably Ray LaMontague are on my regular rotation right now.

WHAT IS YOUR DREAM SHOW LINEUP? I get to live this out each year when I put on a local festival, The Del Ray Music Festival. Now in its 5th year, it’s comprised of mainly local independent musicians and each year it grows.  The festival has bluegrass, jazz, reggae, rock, blues, kids rock cover bands, you name it we have it, doesn’t get any better than that to me.

HOW DOES THE DIGITAL AGE AFFECT YOU AS AN ARTIST? It has made it possible for artists such as myself to make our music, and get it out to fans. I think full albums will always have their place in the music world, because most times they have a story to tell in their own right. The song order, the topics, the feeling throughout the album is all part of the vision. I think that fans have, and should continue to have, the ability to buy single songs off of albums, but I do not think that will prevent artists from continuing to produce full albums in the future.

FINISH THIS SENTENCE: THE MUSIC INDUSTRY IS……. a difficult world to understand.

WHAT DO YOU HAVE IN THE WORKS? Getting ready to go back to the drawing board on some new songs, and I can’t wait.  Also I will actually get to perform at the spot I have spent years waiting tables, The Birchmere, in the end of March, I think if you catch me after that, my most memorable achievement to date will have changed!

HOW CAN FANS FOLLOW YOU? www.katemoranband.com/

Former IMA Judge Keith Urban takes promotion for his new album to the rails.

Reposted from:  http://adage.com/ More at: Keith Urban Takes to the Rails to Promote New Album, -Thomas Pardee

NORTHEAST CORRIDOR (AdAge.com) — New Jersey’s fall foliage blurred by, but it was tough to focus on much of anything but a certain fellow passenger on my New York-bound Amtrak train Nov. 16 from Philadelphia.
Grammy Award winner and international country music superstar Keith Urban was perched on a stool at the front of the train car, armed with little more than a guitar and amplifier. Dozens of his luckiest fans watched him with wide and watery eyes as he sang stripped-down versions of his greatest hits while the train we were all riding — the great equalizer and novelty of the moment — barreled through the dusk.

Mr. Urban had spent the day on the rails, having performed two pop-up shows — one at New York’s Penn Station and the other and Philadelphia 30th Street Station — as part of his “Get Closer to Keith” promotion with Amtrak. The singer’s latest album, “Get Closer,” was released Tuesday, and his label reached out to Amtrak last week to give it a last-minute promotional jump-start that had never been orchestrated before. The event was brokered by Amtrak’s entertainment-marketing shop, Matter.

“This is a one-of-a-kind event for both Keith and us,” said David Lim, Amtrak’s CMO, who also rode Mr. Urban’s train Tuesday. “If you look at what his top cities are in terms of ticket sales [New York and Philadelphia], they’re also our top cities. It lines right up with us.”

Pop-up concepts have become a surprising marketing tool for many brands, especially for retailers looking to generate some buzz in an area where it has yet to take root. And musicians are no strangers at giving surprise public concerts — think back to The Beatles 41 years ago playing on the rooftop of their Apple recording studio, or just this Monday when pop star Rihanna took to a pop-up stage in Times Square during rush hour — to promote a project or album. The pop-up concept, or concert, is part branded entertainment, sampling and multi-brand marketing channel, and, like its kissing cousin the flash mob, it’s reliant on social media to add a sheen of mystery to an event, making fans of a brand feel in the know.

In this case, it was a quick and quirky surprise for the singer’s fans, who were alerted cryptically late Monday night and early Tuesday morning via Twitter and the Facebook pages of both Mr. Urban and Amtrak that the singer would be staging secret shows. Certainly, as I talked to fans in Philadelphia’s largely female crowd that stood waiting for Mr. Urban to take the stage, there was a sense that many still didn’t quite believe that such a megastar would actually materialize.

“Everyone is so chill,” said one teenage girl, who had been waiting for an hour near the front of the tiny stage. “I mean, it’s Keith Urban … doesn’t anybody get it?”

Maria Cotton, 45, of Williamstown, N.J., had barely had time to buy her copy of Mr. Urban’s new album before jumping in her car and driving 40 minutes to the rumored location. She arrived at the station at 8 a.m., asked around to confirm she was in the right spot, and staked her position at the front of the stage.

As we waited, she told me she had been to 18 of Mr. Urban’s concerts and planned to splurge her rewards miles on trips to see even more next year. She seemed thrilled to be seeing him in such a unique context. “He’s my ultimate,” Ms. Cotton said. “It’s unbelievable the kind of energy he brings to the stage. … I can’t believe I’m seeing him today.”

Mr. Lim said Amtrak has had some success with events and celebrity partnerships stemming from its National Train Day celebrations, which have been institutionalized since the success of the first in 2008. Since then it has hosted several prominent events on or around its trains with personalities such as Buddy Valastro of TLC’s “The Cake Boss,” Dr. Phil, who shot an entire episode on an Amtrak Acela train in 2009, and even President Barack Obama, part of whose 2008 campaign was captured on an Amtrak train from Philadelphia to Washington D.C.

Mr. Lim said these partnerships are effective ways to get would-be riders in the doors of train stations, or at least serve as reminders that rail travel is a viable option, especially in the Northeast.

Mr. Urban said he has always felt a connection with trains since his days of rail travel in Australia (the singer was born in New Zealand and is married to Australian actress Nicole Kidman). He said the romantic sense of adventure and freedom was an inspiration.

“For me, [performing] has always been about the songs, and about them connecting and being able to find relationships with people,” he told me shortly after his Philadelphia set, just before boarding the train back to New York. “To be able to do them in such a crazy odd setting, it keeps it about me and the fans, and our connection.”

There certainly was a connection, and because no performance of this scale had ever been attempted before on a moving Amtrak train, no one was exactly sure how it would all work. There was lots of giggling about train announcements interrupting the singer’s recorded interviews, motion jolts threatening to knock him off his stool and passersby starring confusedly into the train car, many remaining completely oblivious despite the flashing cameras. As Mr. Urban performed, some fans and reporters clogged the narrow aisles while others peeked or pointed camera phones over their seats to get a better look, the sound struggling to reach far enough back for all to hear. Although the scenario had its kinks, for a minute I forgot just how strange the whole concept was and just enjoyed the ecstatic catchiness of the music.

“Maybe it’s a little too early to know if this is gonna work…” Mr. Urban sang soulfully during the on-board performance of his oft-requested 2008 hit “You Look in My Shirt.” I couldn’t help but agree, at first, but a single look at Mr. Urban’s adoring fans singing softly along to every word may have just convinced me.

The Beatles/ iTunes standoff (over the name “Apple”) is over, The Beatles’ entire catalog became available on iTunes last Wednesday and since then has continued to dominate the charts.  In the US The Beatles currently dominate a quarter of the iTunes top 200 list.

Reposted from:http://www.rollingstone.com/ More at:  Beatles Albums Dominating iTunes Chart, -Maura Johnston

A day after The Beatles’ catalog arrived on iTunes, the band’s albums are storming the iTunes chart. As of 9 a.m. ET on Wednesday, all 17 albums made available on Tuesday were in the top 50 of the digital-music store’s albums chart — and three of those full-lengths — Abbey Road, The Beatles (a.k.a. The White Album and Sgt. Pepper’s Lonely Hearts Club Band — were in the top 10. The band’s career-spanning box set, which sells for $149, sat at No. 11.

The Top Ten Beatles Songs Of All Time

iTunes doesn’t release exact sales data for its charts, which are updated frequently throughout the day, and digital-album sales from all online merchants, including Amazon and other sites, are broken out separately from overall album totals by Nielsen SoundScan. First-week numbers for the Beatles’ reissues won’t be officially available until next Wednesday, when SoundScan will release sales totals for the week ending November 21.

On the singles side, the highest-selling Beatles song as of 9 a.m. Wednesday was “Here Comes The Sun,” which was at No. 20, behind current hits like Ke$ha’s chart-topping “We R Who We R” and Willow’s “Whip My Hair.” “Let It Be,” “In My Life,” “Blackbird” and “Come Together” were the only other individual Beatles songs in the top 50 at that time.

With The Beatles caving-in to iTunes, who are the remaining few artists to continue to refuse download on iTunes?

Reposted from: http://music-mix.ew.com/ More at: With Beatles now on iTunes, who are the last holdouts—and why?, -Leah Greenblatt

Metallica were the first to cave, in mid-2006. In November of 2007, Led Zeppelin followed; in June 2008, Radiohead finally said OK, computer. And yesterday, of course, was the day the Beatles pledged “I Will” to iTunes.
But there are, famously, a few very firm holdouts–artists who refuse to parcel their music for the digital marketplace. Below, the main players, and the reasons they’ve given:
AC/DC: Two years ago, Angus Young explained to the New York Times that they could not abide breaking up their albums for individual track sales: “It’s like an artist who does a painting. If he thinks it’s a great piece of work, he protects it. It’s the same thing: this is our work.”
That same month, frontman Brian Johnson told Reuters, “”Maybe I’m just being old-fashioned, but this iTunes, God bless ‘em, it’s going to kill music if they’re not careful … It’s a…monster, this thing. It just worries me. And I’m sure they’re just doing it all in the interest of making as much…cash as possible. Let’s put it this way, it’s certainly not for the…love, let’s get that out of the way, right away.” (Walmart, however, is all about the love.)
Garth Brooks: Last year, the semi-retired country superstar told writer Lisa L. Rollins, These [Apple] guys are sweet guys, but they’re businessmen, so they understand. … They truly think that they’re saving music. My hat’s off to them. I looked at them right across the table with all the love in the world and told them they were killing it. And until we get variable pricing, until we get album-only [downloads], then they are not a true retailer for my stuff, and you won’t see my stuff on there—with all the love in the world. That’s nothing that they haven’t heard, either.”
Kid Rock: In a 2008 EW feature, he said ”I just don’t like being told what to do. I don’t have a beef with Apple, or iTunes, or any of them. I do have a beef with that it seems kind of socialist of them to charge the same price for every song. What if every car cost $4,000, you know what I mean? A song from my neighbor’s garage band is not the same value as Bruce Springsteen’s ‘Born to Run.’ I just want to decide how my product gets sold with the people who sell it.” (Kid’s rep confirmed to us today that his views have not changed.)
Also still unavailable: The Smiths (aside from their greatest hits, and a few soundtrack one-offs), Tool, Def Leppard, Bob Seger, and the bulk of the Black Sabbath and Frank Zappa catalogs. (iTunes declined to comment for this article.)
Tell us, readers—are these artists hurt by their absence, or is their integrity worth its weight in iBucks? Is the notion of that integrity misplaced? And are fans genuinely affected by the lack of digital availability, or is uploading physical discs into an online library merely a brief chore for a rainy day? Let us know in the comments section below.

How does The Beatles overpowering presence on the iTunes charts affect independent artists?

Already a pop sensation in Japan – with sold-out concerts, video games and action figure – the virtual star has become an Internet sensation. A new version of the pop diva using an English voice is currently under consideration.

Is this the future or the continuation of the end? Read On….

Reposted From: http://www.realestateradiousa.com/ More at: Hatsune Miku : Huge 3D Holograph Idol Is Selling Out Concerts [Video]

The music world is scratching their heads, but the kids in Japan are going head-over-heels for a holographic music singing star named Hatsune Miku.

The group Crypton Future Media has had Miku out on stage, looking incredible realistic and gigantic. They use software from Vocaloid, the Hatsune mix, which can utilize her image to create the vocals to match her lips and movements. She sings her big hit, “The World Is Mine” which is more than a little frightening.

The fake songstress has a huge following, mostly in Japan, has them packed in auditoriums, selling out performances with younger people waving glowsticks in unison, screaming when she comes on stage.

There is a real live band backing her up [but the face of the band is generated and it is only so long before the live band is not even needed, so now] some in the music industry are  putting the last nails in the [proverbial coffin of the] music world. [The music industry's death will be caused by computer generated musicians following the illegal downloading of music and Auto-Tune.]

They are ready to pack it up and call it a day, for this is the end of music as we know it, if something like an Anime can pack a stadium.  At least that’s what one un-named musician said. He went further to say, more realistically, that if a shadow can sell records, then the music industry may very well try to follow suit. Not sure if the rest of the world will go along with this, and it may be just a fad, kids like the newest and hottest thing out there, that has been going on since the very beginning, they are no different.

They want what would horrify their older counterparts, and the newer the technology, the better. We all love new tech, but there aren’t going to many 30-somethings ready to fork over hard-earned dough for smoke and mirrors. At least not in this writer’s eyes. There are just too many talented musicians out there, with world audiences for there to be anything to worry about, it’s just a kinda cool new thing, avatars singing on stage, not quite a holograph yet, but you can be sure it’s coming. Hey, it keeps the youngsters off the streets, well ok, it’s not like they are rampaging over in Japan. But it makes kids happy, and they are spending big bucks, for there are many videos of Hatsune Miku, and lots more concerts to come.
The music industry will survive this silliness, and no-one will be harmed during the making of this. Only the minds of the kids who idolize her, and consider this music….hopefully there is a clinic of some type that can de-program them.

Billboard has discovered flaws in the Nielsen Figures, the company in charge of tracking music sales.

Reposted from: http://MusicAlly.com/ More at: Billboard questions Reuters report and claims 5% rise in US digital market

Billboard has pointed out a major flaw with the Nielsen figures that Reuters used to claim a plateau in the US digital market. It ignored album sales. The Nielsen figures were based on track downloads only. According to mid-year Soundscan figures, digital album sales were up 12.7%. Using this sales data and assuming 11 tracks per album, total tracks sold increased 5.4% in the first half of 2010. Billboard also points out that Reuters fixed the original story and added an extra line: ‘when combined with the growth in digital album sales, overall digital music sales were up over 5 percent in the U.S.’ But by then the news had already broken. These are half year figures, Billboard claims that track downloads have further decreased by 1%, and that digital album sales were up by 13% on September 19th. But, the single track market may still be a sign of things to come – if people are starting to resist buying single tracks, this behaviour might work its way into bundle and album sales eventually… The worry is still that the US is a leading market which may be nearing its peak – see today’s Music Ally report for more.

RELATED POST: British Music Fans Buy Half-A-Billion Music Downloads

20 “Must Not’s” for the Local and Regional Musicians hoping to make it National.

Reposted from: http://MusicIndustryReport.org/ More at: 20 Reasons Why Musicians Get Stuck at the Local or Regional Level, -Randy Reed

Ever wonder why some talented local musicians never get that elusive record deal? Or why the careers of some signed artists or American Idols stall out just past the starting gate? It’s not just “bad luck.” Here are 20 common reasons why some artists never make it to the next level:

1. Poorly-defined goals. Even if they’re too modest to say so in public, successful artists have a solid answer for the question: “What are your goals in the industry?” (Need help with goal setting? Check this out.)

2. Band members with different goals. In order to succeed, you have to be on the same page. It’s tough to stay on track if some band members know what they want and others want different things or don’t know what they want at all.

3. Lack of musical focus. Creativity is good, but in the mainstream music industry, only artists with multiple past successes have leeway to gravitate toward other musical styles. Here’s why: Different musical genres involve different networking contacts and working methods. Artists whose styles are too diverse have difficulty achieving consistent contacts and working methods…and it takes consistency to break a new artist. (Newsflash for artists who think playing a lot of different styles makes them unique: it doesn’t. We see artists with this “unique” talent all the time. In fact most artists can play or sing in more than one style, but publicly they focus on one they do best.)

4. Poor work ethic. The old saying that harder you work, the “luckier” you get is true.

5. Waiting to be discovered. People who are “discovered” make it happen instead of waiting.

6. Ineffective artist management, or not listening to good management. It sounds simplistic, but it’s where many artists go wrong. In order to be effective, your management has to know what they’re doing. And if you have good, experienced management but don’t follow their advice, they can’t help you.

7. Working with people who don’t have contacts in the industry at the next level. Ideally, the people you start with should be constantly building better skills and contacts along the way. If that doesn’t happen, you’ll need to work with people who have contacts at the next level.

8. Signing with a label with inadequate funding or poor distribution. If you want a record deal, the goal isn’t “a record deal.” The goal is the record deal with the most potential for long-term success.

9. Lack of a live following. Especially in rock and country, no draw means no deal.

10. Artist “settles” too much; recording quality, image, stage presence, photos, and demo packaging, and overall presentation are all just “OK.” Successful artists are more than just “OK” and never settle. Nor do their managers.

11. Poor networking skills. Successful artists constantly seek new networking methods and know how to use them.

12. Hanging onto ineffective band members. Many artists have trouble separating business and friendship, at the cost of their careers.

13. Dated musical style. (Sounding like 1990’s Pearl Jam or ‘NSync probably isn’t going to cut it.)

14. Dated image. If you still dress the same way you did 5 to 10 years ago or have the same hair style, it’s time to freshen up. If you’re fond of the clothes, wear them on your own time–not when you want someone to invest money in your music being the hippest, happening thing since sliced bread.

15. Lack of radio-friendly songwriting (or lack of access to radio-friendly original songs). No hit potential, no deal.

16. Bowing to peer or family pressure not to change. Doing the same thing, the same way, brings the same results. So in order to improve something, change has to occur; it literally can’t stay the same. Change isn’t necessarily a bad thing: if you put icing on a cake, the cake changes but is still the same underneath. If it’s bad icing or you do something stupid when frosting it, the cake falls apart. (Fortunately, that doesn’t happen too often.)

17. Drug or alcohol issues. Many artists with easy access to drugs, alcohol, and groupies at the local level have the distorted impression that they’ve “made it” and lose motivation to go any further.

18. Spouse / child obligations. Putting together an entertainment career is expensive and requires a major time commitment. The same is true of spouses and children. We’re not saying it’s impossible, but it’s definitely more difficult.

19. Impossible to work with. Being impossible to work with doesn’t always mean the artist isn’t a nice person; we know one very nice artist who has had seven managers in the past ten years. We like this artist just fine as a person, but in order for a team to become successful, it needs time to gel. With a rotating litany of band members, managers, and agents, that’s not likely to happen.

20. Not understanding how the industry works. You have to know how the game is played in order to move the right pieces.

Finding ways to make a decent profit as an Independent Artist  is difficult.

Jeff & Todd Brabec discuss the ways in which musicians are making a profit today.

Reposted from: http://www.ArtistsHouseMusic.org/ More at: Making Money in Today’s World of Music, – Jeff Brabec & Todd Brabec

In today’s world, there are a variety of ways songwriters and artists make money in music. These include, but are not limited to: video games, on-line streaming, traditional radio play, downloads, songs in films, TV shows and commercials, webisodes, ringtones, e-greeting cards, lyrics on t-shirts and jeans, merch bundling and more

Some of these areas generate a lot of money, others very little and some are good for promotional benefit only.

Each area of music has its own set of rules, contracts, licenses, considerations and royalties and differ depending on whether you are a songwriter, an artist, or both.

The following gives you the basics of what you need to know to make money as a songwriter and artist in today’s world of music.

Record Sales

Every time a song is downloaded or sold in a physical form (CD, vinyl, etc.), the songwriter and music publisher are paid a combined 9.1¢ from the record company. For example, if the song has 100,000 individual track downloads from iTunes and is on a 500,000 unit selling album, the total “mechanical” royalties would be $54,600 ($9,100 + $45,500). In addition to these “song” royalties, the artist would also receive recording artist royalties for each sale based upon the royalty provisions of his or her recording contract.

Radio

If the song becomes a major radio hit, the total songwriter and music publisher “performance” royalties could easily exceed $700,000. These royalties come from the fees that are negotiated by the performing right organizations (ASCAP, BMI and SESAC) with the many users of music (radio and television stations being the largest) and which are split 50/50 between the songwriter and music publishers involved with the song. Writers and publishers have to join one of these organizations to receive these royalties.

The royalties in this area can vary greatly depending on which organization you join as well as how many times the song is performed and the type of station it is performed on (a performance on a large station will be worth more money than a small station, etc.). Also, ASCAP, BMI and SESAC give extra bonus monies to songs which generate a great many radio performances in a 3 month period; sometimes tripling the amount of money for a hit song (e.g. $200,000 in royalties becomes $600,000).

Streams

The song also receives many thousands of streams on the Internet (web radio) resulting in additional song royalties to the writer and music publisher. The recording artist, on the other hand, receives even more money for these very same streams of the record from SoundExchange (the entity that collects for artists, labels and background musicians and vocalists). An artist has to join SoundExchange to receive these record “performance” royalties. There is also no fee to join SoundExchange.

Movies

The song is next put into a major motion picture resulting in a $40,000 songwriter and music publisher “synchronization” fee. If the film were an independent feature film, a documentary, a student film or a film being shown only in film festivals, the fees could be as low as $500 or “gratis” depending on the budget of the film. In many cases, the writer and publisher will negotiate “step deals” where they receive additional “synch” monies if the film achieves certain box office numbers. In addition, every time the movie is shown on broadcast television or cable, the writer and publisher will earn monies from ASCAP, BMI or SESAC. Once again, this shows the importance of registering with a performance rights organization. If you are not associated with ASCAP, BMI or SESAC, you will not get your song royalties for performances of the movie.

If the original master recording is used in the film, the fee will normally be the same as negotiated for the song and is shared 50/50 by the record label and the artist.

Video Games

Based on the song’s success, a video game developer wants to use it in a Guitar Hero / Rock Band type game. As opposed to most video games that pay only a one time “synchronization buyout” songwriter / music publisher fee to put the song into a game, many music intensive games pay a song either on a per unit sold basis (e.g. 1¢ per game sold) or on the game reaching certain sales plateau numbers (e.g. $ 4,000 to put the song into a game with an additional $4,000 for each 250,000 units sold). Additional monies are also earned when a song is downloaded into a game. As many of these types of games sell millions of units, the monies can be substantial for the songwriter and music publisher. If the original master recording is also used, the record label and recording artist will receive the same amount since they usually license on the same basis.

With Rock Band, you can make your song available for gamers to buy and play. Each time your song is bought, you are paid a fee that you must split with the publisher (after all, the song was “reproduced” when it was bought and downloaded).

Television

Anytime a song is placed into a television program, the television producer will negotiate a fee
with the music publisher of the song who then shares the monies with the songwriter. The amount
of the fee will depend on many factors including the show’s music budget, the stature of the song, the
length of the license, the distribution media (over-the-air television, cable, the Internet, downloads to
mobile phones, etc.) and how the song is used in the program (sung by an actor, played in the
background, used as the theme, etc.), how long it is used for (10 seconds, 2 minutes, full
use), among other factors.

Some television series ask for an “all television” license which will allow them to broadcast the
program on all types of television media including Internet distribution. Virtually all television licenses
have an option for the TV show producer to distribute the program to home video. Some include home
video in the original license without making it an option and pay more upfront. Other series license for
all media which gives them the right to distribute the series over all distribution platforms. And there are
many variations in between. For example, CSI will ask for one type of license and American Idol a totally different type of license.
Fees range from $9,000 to $30,000 for the use of a known song in an episode of a successful series depending on the type of license and the media requested. The fees for lesser known or new songs are less than the above.

If a TV show wants to use your song as a theme, the producers will also many times license the master recording of the song. For example, The Sopranos TV series not only used A3’s song “Woke Up This Morning” (through a license with their publisher) but also licensed the original master record from the group’s record company under a separate negotiation. If the song is specifically written for the TV show, however, the production company will virtually always own the publishing rights and master recordings.

Ringtones

For many years, the songwriter and music publisher payment for a song used in a ringtone was a % of the price paid by the consumer (e.g. 10% of $1.99). That % arrangement has been replaced by a 24¢ total fee for each ringtone sold in the U.S. This fee is collected by the music publisher and shared with the songwriter according to the terms of the publishing agreement, (e.g., 50% to the songwriter, 75% to the songwriter, etc.)

Broadway Show

The song is placed in a “catalogue musical” similar to the Journey songs used in the show “Rock of Ages” and the Green Day songs in the Broadway show “American Idiot”. The deal that the music publisher agrees to is one that pays all of the songs in the show a percentage of the gross weekly box office receipts. The show becomes a big hit grossing 1 million dollars a week in New York with the writer and publisher earning $200,000 in theatre royalties for the 1st year of performances.

Conclusion

These are just some of the ways that music makes money in today’s world. Granted, you have to have the right song or record as well as be knowledgeable enough to take advantage of opportunities when they are presented to you. That said, opportunities to make money from your music are greater than ever before. Recognize them, take advantage of them, and enjoy your career in music.

National Music Publishers’ Association President and CEO David Israelite says on The Music Piracy and the Audio Home Recording Act,

“Digital theft is a significant and growing problem for songwriters and music publishers, so we welcome today’s action in the U.S. Senate. There is simply no excuse for Internet sites that profit illegally from the works of others to be allowed to function unchallenged. I applaud Chairman Leahy for his leadership on this issue, as well as the bipartisan cosponsors, and look forward to working with them as this important bill moves through Congress.“

Reposted from: MUSIC PIRACY AND THE AUDIO HOME RECORDING ACT, -Tia Hall

In spite of the guidance provided by the Audio Home Recording Act1 (AHRA) of 1992, music companies are once again at odds with consumer electronics manufacturers. This time around, the dispute is over certain information technology products that enable consumers to copy digital music and transfer them to different formats, or exchange them over the Internet. This article will discuss anti-piracy measures being taken by digital content owners and the United States legislature to combat piracy and evaluate them in light of the AHRA.

The Promulgation of Music Piracy
¶1 Over the last two years, the music industry has fed the media stark statistics about “piracy,” the act of copying digital music content to a blank CD, or uploading or downloading it on the Internet. According to various newspaper articles, an estimated 3.6 billion songs are illegally downloaded each month in the United States.2 In 1999, the music industry estimated that one in four compact discs of new music was actually an unauthorized copy.3 By the end of 2001, it was estimated that as many CDs were burned and copied as were bought.4 In Europe, blank CDs are outselling recorded CDs (although these blank CDs might have also been purchased for legitimate reasons, such as to back-up personal computer files).5 And since 1999, ownership of CD burners has nearly tripled.6 This trend of consumers sharing their music rather than purchasing it may be attributable to many factors, including the slow economy. However, the music industry seems to believe that the most likely culprit in this trend is the rise of digital music,7 i.e., free online file sharing, and the growing popularity of CD burners.8

¶2 In an act of self-defense, the largest record companies are developing anti-piracy technology to protect their copyrighted music against the information technology industry’s movement toward increasingly user-friendly digital hardware and software. The United States Congress also has an eye on this power struggle between digital music owners and IT electronics manufacturers. It is currently considering a bill that would require IT manufacturers to protect copyrighted digital music from piracy by making significant alterations to the CD players and personal computers that they produce, thereby preventing unauthorized copying. However, there is already a federal statute in place that permits and regulates the home recording of copyrighted music. This current law provides a solid foundation upon which to build an up-to-date legislative solution that will satisfy all parties involved without unduly burdening one industry in favor of another.

Major Music Labels Develop Anti-Piracy Technology
¶3 A few of the “Big Five” major music labels9 are currently experimenting with anti-piracy technologies designed to combat the on-line file sharing of their products through peer-to-peer networks. Both Sony and BMG have already implemented copy-protection systems, and Vivendi Universal announced last spring its intention to add restricted-use technology to all of its releases by the summer of 2002.10 These copy-protection programs encode electronic impediments onto commercial CDs, which prevent the discs from being played on any device that is not a simple CD player.

¶4 Sony has developed its own anti-piracy technology, called “key2audio.”11 The music label announced in January 2002 that it had produced a total of 10 million discs12 for 500 different albums that could not be played on personal computers by using its key2audio program, which prevents consumers from listening to CDs on any type of CD-ROM or DVD player. A second version of the software, key2audio4PC, is a bit more lenient than key2audio in that it does permit listeners to play copy-protected CDs on their personal computer. However, the discs are encrypted to limit usage to a single PC.13 For example, once the CD is played on the consumer’s home computer, she would not be able to play the same CD on her DVD player in the next room, or on her computer at the office. Downloaded music files may be copied from the PC hard drive to a blank CD, but that CD would likewise be playable only in the specific PC on which the copy was made from an authorized download.14

¶5 Another music label is licensing anti-piracy technology from outside developers. BMG Entertainment began using the Cactus Data Shield anti-piracy program,15 developed by Midbar Technology,16 on CDs in the fall of 2001. Cactus is designed to prevent consumers from reformatting songs into MP3 files and burning copies, or making them available on file-sharing systems.17 The software prevents listeners from playing the discs on CD-ROM drives, which means that the music will not play on the Sony Playstation 2, a number of car stereos and DVD players, or on PCs.18 The Cactus patent application states that the resulting playback distortion on an unauthorized copy would not only distort the sound, but would also be “potentially damaging” to amplifiers and speakers.19 The Cactus system also disables stand-alone CD burners.20

¶6 Digital rights management companies are also developing and marketing solutions for entertainment companies. Macrovision,21 in collaboration with TTR Technologies, developed multiple versions of an anti-piracy technology called SafeAudio, a 100% software-based, audio copy protection technology for music CDs. SafeAudio Version 2 allows CDs to operate in CD players and PC-based CD-ROMs, but spoils any copy made to the hard drive or a CD burner by adding background noise to the playback sound.22 SafeAudio Version 3 allows CDs to be played in simple CD players, but not in a CD-ROM or copied onto a hard disk drive. Products like SafeAudio are proving to be a difficult sell to record labels in the United States, which are concerned about negative consumer backlash.23 Perhaps in response to this concern, Macrovision recently released its SafeAuthenticate product, which permits CDs that are authenticated by the product’s software to be a genuine pressing to be played from the computer’s CD-ROM drive or copied onto the hard drive for playback through Microsoft’s Windows Media Player.24

The Consumer Broadband and Digital Television Promotion Act
¶7 While music copyright owners are taking action to protect their content, the United States Senate is considering controversial legislation that would require IT manufacturers to implement safeguards against unauthorized copying of music. In March of 2002, Senator Ernest Hollings, D-S.C., Senate Commerce Committee Chairman, introduced the Consumer Broadband and Digital Television Promotion Act25 (“CBDTPA”). This proposed legislation, which is heavily supported by music industry lobbies such as the Recording Industry Association of America, would require all new digital media devices to be encoded with security technology to prevent unauthorized copying of copyrighted works.26

¶8 The drafters of this bill cite a negative cycle in the market for digital content as being the impetus for this legislation. They find that there is a lack of high-quality digital content available for sale to the general public,27 which leads many consumers to pirate digital music. This piracy threat makes content owners reluctant to place their copyrighted material in the marketplace. This accounts for the lack of content for sale, thus completing the cycle and creating a need for legislated content security measures.28 The drafters contend that such measures will create a situation where copyright owners are comfortable placing more content in the marketplace, thereby reducing the consumer’s need to make pirated copies.

¶9 Many high-tech industry leaders and consumer advocacy groups have balked at this proposed legislation. Members of the IT industry believe that the charge to make them responsible for inhibiting unauthorized copying is an impossible task because it is not technologically feasible to protect a digital work once it is in the public domain.29 Consumer groups such as DigitalConsumer.org30 feel that the bill violates individuals’ rights to post-purchase flexible use of copyrighted materials.31 Media critics declare that as a cure, CBDTPA would be far worse than the disease of digital content piracy.32 They say that making it more difficult to play a copy-protected CD on more than one digital media device would be only a speed bump for pirates who might easily circumvent anti-piracy technology, but it could turn out to be a roadblock for the average music buyer.33

The Audio Home Recording Act
¶10 In 1992, Congress passed the Audio Home Recording Act34 (“AHRA”), an amendment to the federal copyright law. Under the AHRA, all digital recording devices must incorporate a Serial Copy Management System (“SCMS”).35 This system allows digital recorders to make a first-generation copy of a digitally recorded work, but does not allow a second-generation copy to be made from the first copy (users may still make as many first-generation copies as they want). The AHRA also provides for a royalty tax36 of up to $8 per new digital recording machine and 3 percent of the price of all digital audiotapes or discs.37 This tax is paid by the manufacturers of digital media devices and distributed to the copyright owners whose music is presumably being copied.38 In consideration of this tax, copyright owners agree to forever waive the right to claim copyright infringement against consumers using audio recording devices in their homes.39 This is commensurate with the fair use exception to copyright law, which allows consumers to make copies of copyrighted music for non-commercial purposes.40 The SCMS and royalty requirements apply only to digital audio recording devices.41 Because computers are not digital audio recording devices, they are not required to comply with Serial Copy Management System requirement.42

¶11 It is clear from the language of the AHRA, and subsequent judicial interpretations of the statute, that Congress did not anticipate ten years ago that the SCMS would be inadequate to contain the impending home digital recording explosion that was galvanized by the Internet. However, the CBDTPA bill and the new anti-piracy technologies appear to be the music industry’s effort at making an end run around the AHRA. Instead of passing this new legislation, it would be more appropriate for Congress to amend the AHRA, which strikes an appropriate, albeit outdated, balance between music distributors, electronics manufacturers and consumers.

¶12 Pirated music has become such a large issue that it undoubtedly warrants the attention that it is receiving. However, with so many divergent interests involved, it is not feasible for all of these groups to be left to work this issue out among themselves, which is what the CBDTPA suggests. Congress must take charge to enact legislation that will fairly balance the interests of all of these groups, and the CBDTPA legislation is too partial to the music industry to be the proper avenue for such an undertaking. Rather, Congress should look back to the AHRA as a starting point and further develop that statute to accommodate for the societal and technological changes that have occurred in the last ten years. This new AHRA, in conjunction with the new paid subscription based online music services being offered by the music labels, has great potential to result in an amicable understanding among all parties involved.

¶13 One change that is absolutely necessary for the AHRA is to require PC hardware and software manufactures to also pay a royalty tax and comply with the SCMS requirement. Although the primary function of a PC is not to record copies of music, for all practical purposes, PCs pose the biggest threat to copyright holders because they not only allow users to copy music onto the hard drive for downloading onto a blank CD, but also permit consumers to share music on the Internet.

¶14 An amended AHRA would cover all the bases for the music industry: they would continue to recover from digital recording device manufacturers for music copied on CD burners, which IT manufacturers likely would happily pay rather than install anti-piracy safeguards on their products; they would now be compensated for music downloaded on home computers; and they would autonomously be able to collect from individuals via the online subscription services, a well that will probably not run dry as long as the subscription fees are less expensive than purchasing the music in a store.

Conclusion
¶15 Sometimes progress may feel more like loss than gain43 when a technology that an industry has developed a significant portion of their products around becomes outdated. While this may be a frustrating experience for those industries that are tangential to the technology, the proper solution is not to hinder progress, but instead to adapt accordingly. Clearly, there is a significant consumer demand for digital music, and music labels have a healthy supply of digital content to release into the marketplace. By using anti-piracy software or inhibiting digital audio recording devices, the music labels would achieve little more than to create a source of frustration for consumers and retailers, and perhaps even create an underground market for accessible music and recording devices. Instead, Congress and the music industry should look to what has already proven to be a successful formula in the AHRA, and make the necessary changes in the legislation to make it more effective in the 21st century.

By: Tia Hall

Footnotes
1. 17 U.S.C. §1001-10 (1992).

2. Jacob Heilbrunn, Editorial, Hollywood Embraces Big-Brother Tactics, Los Angeles Times, March 31, 2002, at M3.

3. Charles Arthur, Network: The Lady’s Not For Burning, The Independent (London), November 26, 2001, at 9.

4. Id.

5. Jonathan Takiff, The Music Business Is Tired Of Being (CD) Burned, Philadelphia Daily News, August 15, 2001.

6. Steve Morse, Burned?, The Boston Globe, April 21, 2001, at L8.

7. Instead of being recorded as a sound wave, digital music is recorded as a group of ones and zeroes, and is playable on almost any digital media device.

8. Jonathan Takiff, The Music Business Is Tired Of Being (CD) Burned, Philadelphia Daily News, August 15, 2001.

9. The Big Five major music labels are Bertelsmann’s BMG (BMG Entertainment), Vivendi Universal, Sony, EMI Group, and AOL Time Warner.

10. Doug Bedell, Dysfunctional Discs; ‘Copy-Protected’ CDs May Not Perform As You Expect, The Dallas Morning News, February 21, 2002, at 3D. See also, Charles Arthur, Network: The Lady’s Not For Burning, The Independent (London), November 26, 2001, at 9.

11. Key2audio was developed by the Digital Audio Disc Corp. (DADC), which is a subsidiary of Sony. Circumvention Claimed For Copy-Proof CD, Consumer Electronics, August 20, 2001.

12. Sony Says Its CD Copy-Protection Is On 10 Million Discs, Audio Week, January 28, 2002. These discs were reportedly released in Europe by several different record labels. Doug Bedell, Dysfunctional Discs; ‘Copy-Protected’ CDs May Not Perform As You Expect, The Dallas Morning News, February 21, 2002, at 3D.

13. Sony Says Its CD Copy-Protection Is On 10 Million Discs, Audio Week, January 28, 2002.

14. Id.

15. Jonathan Takiff, The Music Business Is Tired Of Being (CD) Burned, Philadelphia Daily News, August 15, 2001.

16. Macrovision, discussed infra note 21, acquired Midbar Technology and TTR Technologies in November 2002. See Macrovision Buys Israeli Anti-Piracy Technology, Globes Online, November 5, 2002, available at http://www.globes.co.il/

17. Charles Arthur, Network: The Lady’s Not For Burning, The Independent (London), November 26, 2001, at 9.

18. Id.

19. Jonathan Takiff, The Music Business Is Tired Of Being (CD) Burned, Philadelphia Daily News, August 15, 2001.

20. Id.

21. Macrovision Corporation provides digital rights management technologies for the home video, enterprise software and consumer interactive software markets. These technologies encompass copy protection, electronic licensing and rights management, and encryption.

22. UMG Silent On CD Copy-Protection Details, Audio Week, October 1, 2001. See also, Macrovision Bolsters CD Copy Protection, Audio Week, October 15, 2001.

23. Record labels in Europe and Asia, where consumer fair use is less protected, readily use products such as SafeAudio and Cactus Data Shield to protect their products. Aram Sinnreich, Rollout Of CDs With Anti-Piracy Safeguards Limited By Tech Glitches, Labels Fear, Billboard, October 28, 2002, at 38. See also, Dan Daley, Copy Protection Technology: Can The Industry Secure Content Without Alienating Customers?, Tape-Disc Business, September 1, 2002, at 22; James Bickers, Copy Protected CDs: Piracy Defense or Rip-Off?, USA Today, June 25, 2002, at 2E.

24. Macrovision released SafeAuthenticate in October 2002. News brief, Audio Week, Audio Notes section, October 28, 2002.

25. Consumer Broadband and Digital Television Promotion Act, S. 2048, 107th Congress. (2002). The Consumer Broadband and Digital Television Promotion Act is co-sponsored by Sen. Ted Stevens, R-Alaska, Sen. Daniel Inouye, D-Hawaii, Sen. John Breaux, D-La., Sen. Bill Nelson, D-Fla., and Sen. Dianne Feinstein, D-Calif.

26. S. 2048, 107th Cong. §3(d) (2002).

27. S. 2048, 107th Cong. §2(1) (2002).

28. S. 2048, 107th Cong. §2(2) (2002).

29. Cara Garretson, Copyright Protection Bill Draws Criticism, InfoWorld Daily News, March 22, 2002, available at http://idg.net/crd_idgsearch_835348.html.

30. DigitalConsumer.org is an organization founded by Joe Krouse set up to oppose the Consumer Broadband and Digital Television Promotion Act. Krouse is also the founder of Excite.com.

31. Garretson, supra note 29.

32. Alex Salkever, Guard Copyrights, Don’t Jail Innovation, Business Week Online, March 27, 2002, available at http://www.businessweek.com/bwdaily/dnflash/mar2002/nf20020327_2364.htm.

33. Id.

34. 17 U.S.C. §1001-10 (1992).

35. 17 U.S.C. §1002(a) (1992).

36. 17 U.S.C. §1003 (1992).

37. 17 U.S.C. §1004 (1992).

38. Id.

39. 17 U.S.C. §1008 (1992).

40. 17 U.S.C. §1008 (1992).

41. Recording Indus. Ass’n v. Diamond Multimedia Sys., Inc., 180 F.3d 1072 (9th Cir. 1999).

42. Id.

43. Quotation by Mason Cooley (b. 1927), U.S. aphorist. City Aphorisms, Eleventh Selection, New York (1993).