FAQ

In today’s competitive climate, major and indie labels are looking for something unique, talented and well developed. Record labels are in the business of making money from the artists that they sign. The labels want bands and artists that have built a following by touring and that have already sold self-released CDs. Be smart, do your homework!  Know what demographic your fans are in, and develop savvy marketing strategies that will help you stand out from the rest of the unsigned artists. Apply to play at a BMI showcase in your local area. Apply to showcase at one of the top music conferences, such as SXSW or CMJ. Attend seminars and other educational workshops where key A&R people will be in attendance and contact the local colleges, radio stations and newspapers to further publicize you. Build a unique and informative website that includes a bio, photos, song samples and tour dates.

You should sign with a manager when the opportunities a manager can create are better than the ones you can create yourself. Or if you are spending more time deal making than writing songs, you should get a manager. A good manager can drum up new business, coordinate your existing business activities, and generally advise you and propel your career forward. Managers get a percentage of your earnings, so your ideal candidate (a) believes in your career and its possibilities, (b) is aggressive in seeking out new revenue streams, (c) is looking out for your long-term best interests in any deals that are made and (d) is trustworthy.

If you’re serious about your band, then it is worth the expense of paying an entertainment attorney to draw up a legal agreement so you can set the parameters of your partnership right from the start. Otherwise, you’re setting landmines for yourself in any future dealings between you and your band mates. If you’re all professionals, approaching the band about this shouldn’t be difficult.  The time to draw up such an agreement is as soon as profits are going to be made.

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Hopefully you are signed up with a performing rights organization like BMI (see Is a Performing Rights Organization the Same Thing as a Publisher?. PROs collect money from radio stations (and other businesses that use music) and distribute them as royalties to songwriters. You can only get paid from radio play if you are affiliated with a PRO.

Mechanical royalties are per-unit payments collected by record companies for the manufacture and distribution of songs on CDs and tapes, usually based on the current statutory rate as fixed by the Copyright Act. In 2004, the rate is 8.5 cents per song or 1.65 cents per minute, whichever is greater.

It is usually the job of a publisher to pair your songs up with artists. This is one of the creative functions a publisher provides.

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No. This is a common misconception. PROs collect royalties for songwriters, composers and music publishers from radio, television, the Internet, restaurants and thousands of other businesses that use music. In effect, a PRO acts as a representative so writers can get on with the business of creating new music while their royalties are collected for them. There are three in the US: BMI, ASCAP and SESAC, and one in almost every country you can think of. (See “What does a publisher do?”)

First and foremost you should consult an entertainment attorney with knowledge of contract law before signing any contract, as there is no such thing as an “industry standard” contract.