Music Row Lawyer (C. Stephen Weaver)

Featured Artists Coalition vs Illegal Filesharers

The Featured Artists Coalition (“FAC”) after a three hour meeting in London this past Friday (09/25/09) reached a consensus regarding the sanctions they believe should be imposed on illegal filesharers.  The meeting brought together the more moderate FAC members such as Radiohead’s Ed O’Brien and those non-FAC members who sought stricter punishment for illegal filesharers (Lily Allen, Elton John and others).  The government has proposed that illegal filesharers who do not refrain from their actions after an unspecified number of warnings should have their internet access suspended completely.  UK Business Secretary, Lord Mandelson, said "We have got great talent but we have got to nurture it and we have got to protect it and we have got to ensure that people who become performers or work in these industries get properly compensated."  The main label trade organization, BPI, and indies trade body AIM are calling for the suspension of Internet access as the ultimate sanction.

As a result of Friday’s meeting of FAC members, the government has been sent a letter in support of a “Three-Strikes Law”.  FAC (and now Lily Allen and her camp) propose that persistent illegal filesharers have their bandwidth severely curtailed after receiving 3 warning letters of increasing severity following incidents of illegal activity.  The letter is signed by George Michael, Radiohead's Ed O'Brien, Keane's Tim Rice-Oxley, Billy Bragg, Sandie Shaw, Blur drummer David Rowntree, Guy Chambers, Patrick Wolf, Fran Healy of Travis, Annie Lennox and others.

My primary sources are a recent article in Billboard.biz and in the UK Guardian.

Kudo's to Sammi, Steven, Dean, Darryl, Chris and Conrad and Whitney

I don't do this often because I cover it on my website.  But this morning I thought I would publish my "congratulations" to a few of my clients. 

First, applause goes out to 2:20 Management Clients Chris and Conrad who are #8 (and climbing) on Billboard's Hot Christian Songs Chart with "Lead Me To The Cross".  

And congratulations to Whitney Duncan whose "Skinny Dippin'" is making the long climb up the Billboard Hot Country Songs Chart.  After 5 weeks on the Chart, "Skinny Dippin'" is now at #49.  

Writer Client Dean Dillon's most recent Chart buster, George Strait's "LIving for the Night" is on the way to the top as it reaches Country Chart position #5 with a bullet this week.  Way to go Deano!

And long time client Darryl Worley is hot and #18 on the Country Charts with his great song "Sounds Like Life To Me".  We are all happy for you Darryl.

How exciting it must be for a young writer artist to sign their very first co-publishing agreement.  I am proud to represent Sammi Moore!  Congratulations Sammi for signing your new co-pub deal with Studio 33 Music!  

And finally, congratulations to my friend and client, super writer Steven Dale Jones, who just inked a long term copublishing agreement with Cherry Lane Music Publishing Company.

I am honored and blessed to represent all of you.

Sound Recording Performance Rights Bill Hearing

Today the United States Senate Committee on the Judiciary will hold a hearing on “The Performance Rights Act and Parity among Music Delivery Platforms.” Artists, record label representatives and others will be testifying in favor of enactment of the bill which will provide for a right of public performance for the owners of sound recording copyrights.  Labels, musicians and featured recording artists stand to gain from passage of this bill.  Radio does not and will be testifying today in opposition to the bill.

Owners of rights in the underlying musical composition -- songwriters and music publishers-- have long had a right of public performance and are currently being paid a royalty for performances of their musical compositions -- by radio, TV, venues and others.  These royalties are collected in the U.S. by ASCAP, BMI and SESAC, who then distribute them to their songwriter and publisher members.

If you are interested in following this afternoon's debate you can view it here.

Nashville Music Diversity -- Tennessean Article and Critique

On July 19th an article appeared in Nashville's daily newspaper entitled "Is Country Crushing Nashville's Creativity?"  A rather lame article in my opinion.  Some of the comments to the article are even lamer. Perhaps I am too simple, but I do not find it at all unusual that the "Country Music" branch of a major label is not interested in signing a rock artist or an artist of any genre other than Country.  Man!  "Do one one thing and do it good."  This advice was given to me a few years ago by EMI Music Publishing's Gary Overton -- advice sadly not taken.  Nashville is the home of Country, Christian and Americana music.  If someone wants to start a rock or jazz or other genre label here, you are welcome.  Just don't expect those who are paid to create and market country or Christian music to be the ones to do it.  For a very insightful analysis of the Tennessean article read Craig Havighurst's blog, "The Tennessean's Strange and Disappointing Music Feature".

More About Stealing the Music

I just read an excellent article rebutting the idea that Statutory Damages in copyright infringement suits are too high and that the Copyright Act is need of reform, modifying or even doing away with Statutory Damages. That got me on my favorite soap box/rant. Below is my comment which was posted following the article, which is entitled "The 'Lessigation' of Copyright Scholarship: A review of Statutory Damages in Copyright Law: A Remedy in Need of Reform (Part I)". The article can be found here.

"Thank you for a well thought out article. Thank you for supporting the creators and artists in the United States -- the future of artistry and artistic culture in our country, be it music, film, literature, or any other art form. This is no small matter. Blaming the RIAA for everything only further demonstrates the ignorance of the "I want what you have for free so give it to me!" mentality of the art should be free contingency. I'm on the firing line -- and I see daily where the real harm is being done -- to the creators. The RIAA is an industry association engaged in the protection of its member companies. Trickle down. The record companies derive their intellectual property rights from the creators -- the artists and songwriters. They are the real victims. The record company execs will find work in another industry. And hopefully so will the rank and file employees at those companies since they are the ones losing their jobs. But the creators are losing the industry that once supported their efforts to reach a mass audience -- that paid them to create while awaiting enough commercial success to support themselves and their families. The record companies no longer have the financial ability to support new artists the way they once did. And illegal file sharing is certainly a major reason for this. I do not blame all woes of the recording industry on illegal file sharing. There are a number of other factors, including the popularity of singles over CDs, even if purchased. Added to that the theft of "ordinary citizens" has been massive. (I would like to think that "ordinary citizens" do not choose to steal rather than legally purchase--but sadly I guess I am wrong about that.) I have negotiated the deals on behalf of the creators for nearly 30 years now. In my practice at least the RIAA members and the music publishers have always paid for the intellectual property--not stolen it. If they did not then lawsuits ensued just as they would in any other business in the U.S. No one as of yet has persuaded me that it should now be ok for the ultimate consumer to steal the work product and creations of all these artists and the industry that supports them."

JAMMIE THOMAS-RASSET, THE RIAA AND THE REAL VICTIMS

I still wonder at how the RIAA haters can ignore the harm illegal file sharing has done to individuals. It all heats up again as a result of last week's illegal file sharing verdict against Jammie Thomas-Rasset in the amount of $1.92 million.  A Richard Marx song was one of the 24 illegally obtained by Ms. Rasset.  Rolling Stone reports that Marx has said that he is "ashamed" that his name is associated with the "farcical" outcome of the jury trial.  He makes reference to "greedy actions of major labels who have "predominantly chose to ream the consumer and fill their pockets.”

I am not going to argue that there isn't often greed at the highest pinnacles of the the record business, the insurance business, the pharmaceuticals business, and -- oh heck -- some people are greedy!  And some are not.  So what.  

The RIAA is an industry association, charged with protecting the intellectual property of their members--record companies.  The record companies are made up of people.  The senior executives are people with families.  Many have lost their jobs as a result of several factors, a major one being illegal file sharing.  Then there are the people who make up the different departments at the labels, large and small -- major and independent.  Thousands who have now lost their jobs because of the the world-wide theft of the product they help create and market.  Most are young with young families.  They do not deserve the hate and devastation that is being thrust upon them by those who think music should be free.

And finally those who are really being hurt are the creators.  The musicians and songwriters.  The artists.  I have pretty much abandoned my efforts to help new songwriters and recording artists get deals.  It has become too time consuming and difficult as labels and publishers close their doors.  And those who are still open can no longer support the number of unproven artists and writers that they have in the past.  Most songwriters cannot get an exclusive deal unless they already have hits.  And the labels are no longer in the business of developing new artists and giving them 2 or 3 albums to get established.  It would be naive to blame all of this on illegal file-sharing.  But it is also naive to blame it all on the RIAA and the people who work in the recording industry.

For Aspiring Songwriters

My motivation for writing this blog is two-fold.  First, it is to be of service. Second, it is self preservation! Almost daily I receive emails from amateur songwriters either asking me to pitch their songs for them -- or asking me how to open doors and get their songs to successful recording artists.  The idea is that I can now refer them to this blog.  Following are my suggestions and answers for the as yet unpublished country songwriters:

1.  I am not a song plugger and I do not know any attorneys who are.

2.  Find a good song plugger in Nashville.  These people make a full-time career of opening the doors you want to enter.  If your songs are competitive then they will get them to the right people.

3.  Meet the publishers, the producers, the a&r people, the artists--that means networking in Nashville and becoming a part of the natural flow of the industry.  I do not mean the online publishers that prey on songwriters.  I mean the real publishers in Nashville, LA, NY and in other smaller music industry pockets in the U.S.

3.  Improve your craft and make connections by joining the Nashville Songwriters Association International -- and taking advantage of what they have to offer. I am not familiar with NSAI Chapters in other cities but I know they offer many priceless opportunities in Nashville.

4. Perform at writer's nights in Nashville.

5.  Network in Nashville -- your goal is to get to know the publishers and other writers--writers who are more accomplished than you are at this particular time.  Perhaps you will be able to co-write with one of them and learn.

6.  If you haven't already picked up on it, I strongly believe that if you are going to write for the country market then you need to spend a lot of time in Nashville.  My belief is not mere opinion -- it is the result of years of experience and observation.  Yes, you can find exceptions.  Maybe you are one. But this blog is for the rest of you.  It is about how to improve your odds.  If you cannot move to Nashville you can still make regular visits here.  Again, the idea is to increase your odds.  Go where the work is.  Go where the industry is.

I am sure there are many other good suggestions.  If you have any, then I invite you to share them by commenting on this blog.

Getting a Record Deal - Talent

Does it go without saying that Talent is a prerequisite for getting a record deal?  Or for success as an independent recording artist for that matter.  If you expect a record company to spend millions to help launch your recording career then you best have some talent or you won't get signed.  Talent is one of the required elements needed for a successful recording career -- and it cannot be bought.  Granted, you can improve on what you have with practice, experience, vocal coaches, etc.  But the raw talent needed to be a star is a gift.  

It is sad that there are so many hopefuls who do not have talent and do not recognize that they do not. The sad part is that it is often these good people who support the "fringe recording industry" in Nashville and elsewhere.  People who are willing to mortgage their homes (literally) to pay some "producer" to make recordings for them and help them become "stars".  There is no point in telling these folks that they do not have the talent to compete.  My experience is they do not believe me when I am honest with them.  And so far I have never been wrong.  They spend their money trying to buy stardom -- and without fail they lose their money.  I might not be able to pick who will be a great star -- really nobody can for sure.  But I am pretty good at recognizing those who do not have a chance.

There are hundreds of thousands of hopeful artists with good voices, tens of thousands with really good voices, thousands with great voices, hundreds with incredible talent and unique voices who will get signed, and of those, only a very few that that will be successful enough to keep their record deal for very long.  If you don't believe what I just said, come to Nashville for a couple of days and spend some time at the bars and clubs downtown and elsewhere.  These are the people who cannot get deals or haven't yet -- or who have had deals and didn't make it.  And if the implication is not clear, most are exceptionally good vocalists.  As a friend of mine says, "In Nashville, talent is the common denominator."  So -- if you have the common denominator then keep reading my blog for a few other requirements for success.

Record Companies On Trial In Brighton -- We Still Need Need Them!

Record Deals -- Record Companies – who needs or wants them?!  Probably 90% of unsigned (never signed) artists who contact me.  A good record label has people on staff who do the things that most creatives neither know how to do – nor want to do – nor have the time to do.  Such things as nationwide radio promotion, publicity, marketing and sales.  Oh – and did I mention financing?  It is in vogue for certain music users who think music should be free to justify theft by denigrating record companies.  And although there are elements of greed in the music business – always have been – there are also many leaders in the industry who have a true appreciation of the art and a genuine passion and compassion for the artists.  There is still no better means that I know of to reach an incredibly large audience than with the help of a good label.  Of course there are television shows such as American Idol – but even then the labels take over after the season ends.  Record labels were even recently put on trial in Brighton, England – ok – it was just a mock trial at a music festival.  The labels won.  Read more here.  

Oh – did I mention financing?  Taking the position that having the help of a good label is a good thing – if not a necessity – it is my intention to do a few blogs on what to do and what not to do if you are searching for a record deal.  I will also be expressing a few opinions about the entire process based on a lot of years of experience in the business.  I guess this is a bit of a “teaser” – so come back soon for more!

Sound Exchange and NAB Reach Royalty Agreement

SoundExchange and the National Association of Broadcasters (NAB) have reached agreement on internet streaming rates for broadcast radio stations that simulcast programming over the net or that create new internet stations.

Hypebot.com reports that under the new agreement, rates for simulcasts or web channels operated by local radio stations are reduced 16% in 2009 then gradually increase through 2015 - from $0.0015 per streamed sound recording in 2009 to $0.0025 per stream by 2015.

However, negotiations between SoundExchange and internet only broadcasters has not been as successful, as the deadline for reaching an agreement passed this past week.