How to get into the Music Industry as a Singer/Songwriter

I started in the music Industry professionally in 1989, when I met someone on the train system (MARTA) of Atlanta, Georgia. Who wanted to me to met a old friend of his that had been in the music business for over 35 years at that time as a booking agent and he wanted him, George West Jr., to read my work. I was a poet/Songwriter from Louisiana trying to get my big break in the music Industry with no knowledge of the business at all. I just went there trying to see if I could pursue a long time dream. After 6 months, being in Atlanta I met George West Jr. and he enjoyed my work telling me that my work reminded him of an old friend, Marvin Gaye. For the first time in my life I receive the best complaint ever, that lead to a drive within me determined to never stop in my quest of being a songwriter. After years of listening to Marvin Gaye, he was truly the first man to give me the inspiration to write.

At first he started to introduce me to many different old artists and later hired me as his assistant. For at least a year, I was taught nothing but the legal aspect of the business that bored me to death. I wanted to write and produced new artists not sit around backstage reading legal books and catering to the artists needs like a butler. One day I just started to talk and get to know many of the artists learning from them some of the up and downs of the Music Industry
By 1990 I was a talent scout/coordinator for Talent Across the Nation (T.A.N) Booking Agency, preparing promo packs, looking for new artists, working independently for myself as a songwriter for Mobb Pound Production and getting some of my poetry published in books.

The Basics

The first thing you need to know is what is a promo pack. A promotional package is a brief portfolio of your talents to showcase to the different record companies, managers, booking agencies and maybe even producers. A promo pack consist of:

Bio
A little history of who you are and your accomplishments as a singer/songwriter
8x10 B&W Picture (s)
Most companies prefer black and white pictures but I have seen a few color, I advise to go with the normal B&W
Demo with at least three songs
Demos were done for years on cassettes but now a day many uses CD's with up to 7 to 8 songs on them. however the songs should be your best work and of good quality, If you need help most companies will reproduce the work with their own producers if they really like your work. Just make sure your work is copyrighted with the Library of Congress For poetry you will need form TX, For Music and Lyrics or music only you will use form PA Copyright basic explains all this information
You need to find a performance right society that will keep up with your royalties. I deal with BMI because it's free until you start getting paid with BMI I'm a registered songwriter and a publisher
You will need a EIN (Employer Identification Number) before you can summit anything to the performance right society that you choose, It's simply a social security number for a business.
There are two primary types of agreements that songwriters sign with music publishing companies.
1. The ''single song'' agreement covers just one composition.
2. In a ''term agreement,'' all of a songwriter's output during the contract period will be covered by the agreement. The length of the term agreement may be tied to a songwriter's record deal.
A songwriter who isn't a recording artist will sign a term agreement with a publishing company based on a number of years, usually with a one- or two-year initial period, followed by options to be exercised by the publishing company.
A music publisher typically wants the exclusive services of the songwriter on a world-wide basis. A music publisher will want the songwriter to sign over to it 100 percent of the copyrights in the songs. The songwriter can then expect to receive
1. 10% of song income from sales of sheet music
2. 50% from ''mechanical'' royalties (i.e., record sales)
3. 50% from ''synchronization licenses'' (i.e., uses of the song with visual images)
4. 50% of the net income the music publisher receives from foreign subpublishers.
5. 50% share of revenues earned from uses of the songs in live performances and on broadcasts -- the ''public performance'' royalties -- will be paid to the songwriter directly by the performance rights societies. (In the United States, these include ASCAP, BMI and SESAC.)
A music publisher will usually pay advances to a songwriter under a songwriting agreement in one sum on signing or in installments, such as on a weekly basis. These advances are typically recoupable by the publisher out of royalties earned by the songwriter's compositions.
Single song agreements usually provide for no advance payment to an up-and-coming songwriter.
In recent years, with the rise in industry litigation, record companies have become more fearful of becoming targets of copyright infringement suits brought by plaintiffs who claim their songs have been stolen. As a result, many record companies are now reluctant to accept unsolicited demo tapes from artists seeking recording contracts. This has created a cottage industry in tape-shopping deals. Under these arrangements, industry dealmakers -- often music lawyers -- with whom record companies are already familiar with agree to try to get an artist's tapes to the ears of record company executives in exchange for a fee and/or percentage of monies earned under a record contract the artist may then obtain. Here are some of the deal points an artist can expect to find in an agreement with a tape-shopping representative
Whether or not any fee the artist guarantees the tape shopper must be paid partially or wholly up front, or can be paid out of an advance given the artist by a record company.
Whether the tape shopper will be entitled to a percentage of the first album advance, a percentage of first album advance and royalties, a percentage of all the royalties and advances under the recording contract or some compromise in between.
A tape shopper may ask for from five percent to 20 percent of what an artist receives.
How long the tape shopper will have the right to shop the demo tape (usually six to 12 months)
whether or not the artist may also shop the tape during that time.
Whether or not an attorney shopping the tape will be allowed to negotiate the contract with the record company, considering that the attorney usually has an interest in closing the deal to obtain greater payment.
An agreement between an artist and a booking agency will usually have a term of one to three years. An agent for an up-and-coming act may want to sign the act for a longer term to ensure more commissionable income if the act becomes established and begins to generate substantial concert income.A booking agent's commission is ten percent in most cases. The agency will likely want to be the only entity booking shows for the artist, at least in a specified territory, which under some deals is worldwide. Some artists ask for a key-person clause in the contract with the booking agency so that the contract can be terminated if the agent with whom an artist works closely leaves the agency. An artist can try to include a performance plateau for a booking agency in the agency contract. Thus, the agency would be required to generate a certain amount of employment for the artist within a specified period of time; if not, the artist could terminate the contract. If the artist/agency agreement terminates during an artist's tour, the agency will want to be paid commissions for all tour dates procured by the agency for the artist.
If a member leaves a band that has no formal agreement regarding the band's name, the rights to the name typically would remain with the band. However, a band member fired without just cause may be able to form a competing band with the same name. A court may determine which member was the first to use the band name and who was in the band when the name gained ''secondary meaning'' (i.e., when the public began identifying the band by the name). If any member or members of the band could be seen, from the public's perspective, as essential to the group (e.g., Jimi Hendrix in the Jimi Hendrix Experience), a court might bar another member of the band from using the same name for a competing group. A court might ask who has artistic control over the band. This could result in a manager who controls a group's style and structure getting the rights to the band name if none of the band member's have belonged long enough to exercise such control. Under the control test, the rights to concept groups may belong to a record producer. This is especially so where a producer prepares backing tracks for a recording, finds the vocalists, then releases the record under a band name made up by the producer.
In a band partnership, the band's name may be owned by one or more of the band members. In some cases, a written band agreement will stipulate that the name belongs to a particular band member or members who are loaning it to the band. If so, the member or members with those rights might negotiate for a greater share of the revenues earned from the band's use of the name. With bands that incorporate, the corporation typically owns the rights to the band's name. A member who leaves and sells his or her corporate interest in the band would typically give up legal rights in the name. However, the leaving member may ask for the right to be identified in public activities as a former member of the group. A band member who retains an interest in the corporation but no longer performs with the group could still have rights in the band's name. On the other hand. a member who performs with the band but owns no stock in the corporation could be asked to sign an agreement disclaiming any rights in the band's name. For a transfer of the rights to a band's name to be valid, the good will in that name must be transferred, too. This means, for example, that if the rights to a name are assigned to the band's manager, the manager must be able to retain the original group's style in any reformation under the original name. Thus, for instance, a transfer of the rights to the name ''Smashing Pumpkins'' to the band's manager could be invalid if the manager then directed the new members to sing only Andy Williams songs. A record company--particularly a major label--often asks for the right to decide how a band name should be used if the band breaks up and only some of the members stay with the record company. In addition, like a record producer, a record company could own the rights to the name of a band it has created, such the Monkees. A primary advantage for an artist in an independent label deal is that the independent record company, with fewer recording artists, may be able to give each individual artist more attention than can a major record company. But because an independent record company typically has limited resources to exploit its talent pool, an artist signing with an independent label will want the agreement to be for a shorter term than that for a major record company. The idea is, if the artist's independent releases are successful, the artist will be able to seek out a major label deal sooner, while interest in the artist is strong. Still, independent labels can be especially good at finding a market niche for artists whose music isn't mainstream.
A major record label will want to bind a recording artist to a worldwide deal. An artist signing to an independent label may want to retain foreign distribution rights in order to try to enter into more advantageous distribution deals overseas. A major record label can be expected to advance an artist the funds to record and mix a complete album. An independent record label, however, often gives an artist a small advance because the label requires a less-highly produced product or because many artists who sign with independent labels are bringing to the negotiating table albums that have already been recorded. An independent label will be more likely to ask an artist who writes songs for a share of the artist's music publishing rights. That's because the independent label, with less financial earnings power than a major record company, will seek as many sources of income for itself as possible. An artist who does grant an independent record label such a music publishing interest will want to try to bar the record company from recouping any recording advances from publishing revenues earned by the songs.
Profits and losses in a band partnership are usually distributed proportionally, according to each member's creative and financial contributions to the group.
The writer's share of income from musical compositions will often go to the composer of a particular song, while any publishing income the band receives may be divided equally among the band members. Income from concert dates could be split evenly among band members who are equal partners. Voting on band business matters may be done by majority or unanimous vote, though founding or long-time members may be given extra voting power for day-to-day matters. In many cases, a near or absolute majority is required for decisions that would bind a band to commitments for substantial lengths of time or for those decisions involving a transfer of a member's business interest in the band.
Death or disability of a band member could result in the remaining members buying out the partnership interest of the member who is gone from the group. However, contingent payments from royalty sources would continue to be paid to the disabled or deceased member's estate for activities engaged in while that member was still in the group.
New band members who are made partners may only be given payment from future band activities in which that new member becomes involved. If the band breaks up, any jointly-owned property, such as equipment, could be proportionately divided or sold, with the monies distributed in the following order:
first, the group's creditors are paid.
second, band members are repaid for any loans and proportionate capital contributions they may have made to the group.
third, any group profits are divided proportionately, according to each member's business interest in the band.
A record producer or the producer's loan-out corporation may sign a deal with an artist, a production company or a record company for the creation and delivery of master sound recordings. The contract may cover one song, up to an entire album. In the ''all-in'' record company deal, where the artist is responsible for hiring the producer, the producer likely will want the artist to be responsible for any recording budget overages.
In the producer/record company deal, the record company likely will want the producer to be responsible for budget overages, though the producer will want to be responsible only for those budget overages within the producer's control.
A producer's royalty typically ranges from 2.5 percent to, for superstar producers, up to 6 percent of the suggested list retail price of an album. The producer's royalty rate may be increased at specified sales plateaus (e.g., 500,000 albums sold). A producer often gets paid from the first record sold, taking into account the advance paid the producer and the recoupment of album recording costs.
Royalties paid the producer for foreign sales will track the lower rate paid under the artist's record deal for such sales. A producer may ask for the right to do the first re-mix and/or re-recording of the masters.
A personal manager will want an artist to sign an agreement that engages the manager to represent the artist exclusively ''in all of the artist's professional activities in the entertainment business throughout the world.'' An artist with bargaining clout may try to exclude some activities, but it will likely include a wide range of artist pursuits, such as concert, recording, publishing, multimedia and merchandising ventures. A manager will want the agreement with the artist to include an initial term (e.g., three years) with renewal option periods usually to commence upon the manager giving the artist written notice of this intention a certain amount of time -- for example, 30 days -- before the initial term expires. The artist will want to tie the exercise of any option periods to performance plateaus by the manager. This can include requiring the manager helping to generate a specified amount of income for the artist during the prior term and/or helping to obtain certain goals for the artist, such as a recording or music publishing contract. To guard against the artist/manager relationship not working, an artist may try to limit the initial term to as short a time as possible (e.g., one or two years). Managers will generally resist this, however, arguing that it often takes time to get an artist's career off the ground.

Terminology you need to know and Understand
ADMINISTRATION - The supervising for a fee (generally a percentage of income), usually by a major music publisher, of a smaller music publisher's financial and copyright matters regarding one or more songs or an entire catalog. The administrator does not necessarily own a share of the copyright, although one co-publisher could administer another co-publisher's share.
ADVANCE - The payment in advance of royalties to be earned in the future, and recouped by offsetting those future earned royalties against the money advanced. Advances are usually non-refundable.
A&R (ARTISTS AND REPERTORY) - The department in a record company that selects and deals with new artists, songs and records.
AUDIO/VISUAL WORK - An industry term for film, television or any other visual production.
ASSIGNMENT OF COPYRIGHT - The transfer of ownership of a copyright from one party to another, which must be in writing to be effective.
AUDIO HOME RECORDING ACT - That portion of the Copyright Act (§1001-1010) that provides for royalties to be paid to songwriters, music publishers, recording companies and recording artists for the importation or manufacture of digital audio recording devices (e.g., digital tape players) or media (e.g., CDs and tapes).
AUDIT CLAUSE - An important clause in any agreement between a songwriter and a publisher, or any business agent, that allows the songwriter the right to have access to the publisher's books and records (usually once a year), so that the songwriter can determine the accuracy of the publisher's accounting practices.
AUTHOR - The creator of "Intellectual Property" such as literary, musical and dramatic works; choreography; pictorial, graphic and sculptural works; audio/visual works and sound recordings. Therefore, the word author can denote composer, lyricist, record producer, choreographer, artist, photographer, writer or other creator (see "Work for Hire").
AUTOMATIC RENEWAL - Works originally copyrighted between 1964 and 1977 are granted an automatic renewal term (See EXTENDED RENEWAL TERM) by the Copyright Act, without the necessity of the writer having to file a renewal registration form in order to preserve copyright protection, as was the case for earlier copyrights. However, filing a Form RE (along with payment of the appropriate fee) for automatically renewed works is recommended in order to obtain certain statutory benefits
AUDIO VISUAL INDEX (AVI) - A database containing title and production information for cue sheets which are available from a performing rights organization. Currently, BMI, ASCAP, SOCAN, PRS, APRA and SACEM contribute their cue sheet listings to the AVI.
BACKGROUND MUSIC - Music used (other than as feature or theme music) that creates mood and supports the spoken dialogue of a radio program or visual action of an audio/visual work.
BERNE CONVENTION - Preeminent international copyright treaty to which the U.S. is a signatory. Notable for prohibiting administrative formalities in order to acquire copyright protection, Berne grants a higher level of protection in foreign countries than does the UCC, the other international copyright treaty, to which the U.S. adheres.
BLANKET LICENSE - For an annual fee, radio and television stations, public broadcasters, cable stations, universities, restaurants, programmed music services, etc. can acquire a "blanket license" from a performing rights organization. This license gives them the right to perform every piece of music contained in the respective repertoire as often as they wish during the term of the license.
BOOTLEGGING - Unauthorized recording and selling of a song.
CATALOG(UE) - The most commonly used word in reference to the collection of songs owned by a publisher/songwriter
CISAC - The International Confederation of Societies of Authors and Composers, which represents 161 musical creators’ and copyright owners’ organizations in 87 countries
COMMON INFORMATION SYSTEM - (CIS) A collection of global databases which are used as sources of documentation for royalty distributions by CISAC members.
COMPOSERS - The men and women who create musical compositions for motion pictures and other audio/visual works, or the creators of classical music compositions.
COMPULSORY MECHANICAL LICENSE - - A license provided by the Copyright Law allowing anyone to record a song that has previously been commercially recorded with authorization, as long as they pay at least the royalties set by a Copyright Arbitration Royalty Panel. The royalty rate for 1999 is 7.10¢ per song for each CD or tape made and distributed, or 1.35¢ for each minute of playing time, whichever is greater. The rates for subsequent years are listed under STATUTORY MECHANICAL ROYALTY RATE.
CONTROLLED COMPOSITION - A composition written or co-written by the recording artist (and sometimes the producer per the artist contract) under an exclusive recording agreement. Typically, the recording company will pay 75 percent of the minimum statutory rate on only 10 cuts per CD and two cuts per single, regardless of the actual number of sides or length of the composition (s).
COPYRIGHT - The exclusive right, granted by law for a stated period, usually until 70 years after the death of the surviving author of the work, to make, dispose of, and otherwise control copies of literary, musical, dramatic, pictorial and other copyrightable works. The exclusive right is set forth in the 1976 Copyright Act Section 106.
COPYRIGHT DEPOSIT REGISTRATION - To register a musical work under the 1976 Copyright Act:
1.Send a request for an application to the Copyright Office, Library of Congress, 101 Independence Avenue, S E., Washington, D.C. 20559-6000 or download the application from the Copyright Office website at http://lcweb.loc.gov/copyright/forms/ or from the BMI website’s Songwriters’ Toolbox at http://bmi.com To order an application by telephone, call (202) 707-9100.
2. When an application is completed, send it back to the Copyright Office with:
a) one copy of manuscript, lead sheet or tape if unpublished or
b) two copies of manuscript (sheet music) or tape if published and
c) the appropriate registration fee, by money order, bank draft or check, made payable to Register of Copyrights.
COPYRIGHT ARBITRATION ROYALTY PANELS - (CARPs) As successors to the Copyright Royalty Tribunal, CARPs consist of private citizens appointed by the Register of Copyrights to act as arbitrators in matters of setting periodic changes in the royalty rate for the compulsory mechanical license, as well as for compulsory licenses for distant signal cable television transmissions and public broadcasting. CARPs also determine entitlements to the royalties received by the Copyright Office for the latter two licenses and under the Audio Home Recording Act.
CUE SHEET - A listing of the music used in a television program or motion picture by title, composer, publisher, timing and type of usage (e.g., background, feature, theme) usually prepared by the producer of the program or film
DERIVATIVE WORK - A work derived from another work, such as a translation, musical arrangement, sound recording, or motion picture version.
DIGITAL MILLENIUM COPYRIGHT ACT(DMCA) - That portion of the Copyright Act which implements two international treaties, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty. The DMCA also creates limits of the liability for copyright infringement of Internet service providers under certain conditions, as well as addresses other matters.
DIRECT LICENSE - In reference to performing rights, a license obtained by a music user directly from the copyright owner allowing the user to publicly perform the licensed work.
EXCLUSIVE RIGHTS - The right of a copyright owner to exclusively authorize recording, performance, dramatization or other uses of his works, as set forth in the Copyright Act.
EXCLUSIVE SONGWRITER AGREEMENT A contract between a publisher and a songwriter in which the songwriter assigns all songs written during the term of the contract to the publisher in return for a percentage of royalty income. Such an agreement usually involves advances paid by the publisher to the songwriter.
EXPLOIT When used in relation to publishing, "exploit" refers to encouraging the licensing and commercial use of a particular copyright.
EXTENDED RENEWAL TERM The term of copyright for works registered under the 1909 Copyright Act was extended, under the 1976 Copyright Act and subsequent amendments, so that copyrights, if renewed, will be protected for 95 years — an additional 39 years from the time of the original copyright. Under the prior copyright law of 1909, the term of copyright was two 28-year terms, or a total of 56 years.
FAVORED NATIONS CLAUSE A term commonly used in the entertainment/music industry to protect one's established salary or royalty rate. A favored nations clause may provide, for example, that no one can be paid more than the contracting party for talent or material similarly used, and if someone is, the contracting party will receive the same treatment.
FEATURE WORK On television, a performance that constitutes the main focus of audience attention at the time of the performance. The vocalists and/or instrumentalists, respectively, must be on camera except where the music is used as part of a choreographic routine that constitutes the main focus of attention. On radio, a performance that is the sole sound broadcast at the time of the performance.
GRAND RIGHTS "Grand rights" is the term used to describe "dramatic" performing rights. This would cover performances of musical comedies (Broadway and off-Broadway), operas, operettas, ballets, as well as renditions of independent musical compositions in a dramatic setting where there is narration, a plot and/or costumes and scenery. The copyright owner has the exclusive right to issue licenses and collect fees for grand rights. The use of a musical work in a non-dramatic public performance is not a grand right: it is a "small" performing right licensed through a performing rights organization.
INFRINGEMENT A violation of the exclusive rights granted by the copyright law to a copyright owner.
INTERNATIONAL STANDARD RECORDING CODE(ISRC) A unique number which will be assigned to a specific recording of a musical work.
INTERNATIONAL STANDARD WORK CODE(ISWC) A unique number that which will be assigned to a musical composition to assist in electronic identification of performances.
JUKEBOX LICENSING OFFICE(JLO) A Nashville-based organization representing ASCAP, BMI and SESAC in the licensing of coin-operated phonorecord players.
LEAD SHEET A hand-made (usually) reproduction on paper of a newly-written song.
LIBRARY A collection of musical compositions that are licensed by the publisher or administrator for use as background, theme, or score music, on radio, broadcast and cable television, films, or video productions.
LICENSE A license is a grant to a "user" permitting use of a copyright for any of the following: 1. Mechanical (records, tapes, CDs).
2. Non-dramatic performance (public performance of a song over radio/TV/club/hotel/concerts).
3. Grand Rights (dramatic performance of a musical work, musical comedy, play, opera, operetta, or ballet).
4. Synchronization (the use of a musical compo- sition on the soundtrack of an audio/visual work for theatrical exhibition or television).
5. Print (sheet music, folios, songbooks or other printed editions. The grant is usually made for a specified period of time and for a designated territory).
6. Commercial (the use of a musical composi- tion as part of an advertisement).
LOGS Schedules prepared by radio and television stations for BMI indicating by title, writer and artist all music performed on the station during a particular time period. Used as a basis for payment by BMI to writers and publishers.
MASTER A completed recording of a song from which multiple copies are manufactured.
MECHANICAL LICENSE The license issued by a publisher or his agent, usually to a record company, granting the record company the right to record and release a specific composition at an agreed-upon fee per unit manufactured and sold.
NON-EXCLUSIVE RIGHTS The performing rights held by United States performing rights organizations are non-exclusive, because at the same time that the organizations have the right to license performances of works, the writers and publishers have the right to license them directly to music users. Other rights may also be granted on a non-exclusive basis.
NOTICE OF COPYRIGHT When a work is published (publicly distributed), a notice of copyright should be placed on all copies. Its use is optional, however, and a work that does not carry a copyright notice does not lose any protection. If a notice is used, it should contain three elements: 1. ©, or the word "Copyright," or the abbrevi- ation "Copr."
2. The year of first publication.
3. The name of the copyright owner.
PA FORM The form used to register a copyright with the Copyright Office. PA stands for "Performing Arts."
PARODY A satirical imitation of a literary or musical work. Permission from the owner of the copyright is generally required before commercial exploitation of a parody.
PERFORMING RIGHTS ORGANIZATION An association or corporation that licenses the public performance of non-dramatic musical works on behalf of the copyright owners, such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music Incorporated (BMI), and SESAC, Inc. These performing rights organizations issue licenses to users of publicly performed, non-dramatic music for a fee, and then pay performing rights royalties to the publishers and songwriters of the performed works. Performing rights and copyright organizations throughout the world include: Algeria: onda
Argentina: saidac
Australia: apra
Austria: akm
Belgium: sabam
Bolivia: sobodaycom
Brazil: sbacem
Brazil: sicam
Brazil: ubc
Bulgaria: musicautor
Cameroon: socinada
Canada: socan
Chile: scd
China: mcsc
Colombia: sayco
Costa rica: acam
Cuba: acdam
Croatia: hds
Czech republic: osa
Denmark: koda
Ecuador: sayce
Egypt: sacerau
England: prs
Estonia: eau
Finland: teosto
France: sacem
French Polynesia: spacem
Germany: gema
Greece: aepi
Guatemala: agayc
Hong Kong: cash
Hungary: artijus
Iceland: stef
India: iprs
Ireland: imro
Israel: acum
Italy:siae
Ivory coast: burida
Japan: jasrac
Kenya: mcsk
Latvia: akka/laa
Lithuania: latga-a
Malaysia: macp
Madagascar: omda
Mexico: sacm
Morocco: bmda
Netherlands: buma
Norway: tono
Panama: spac
Paraguay: apa
Peru: apdayc
Philippines: filscap
Poland: zaiks
Portugal: spa
Romania: ucmr
Russia: rao
Senegal: bsda
Singapore: compass
Slovakia: soza
South africa: samro
South korea: komca
Spain: sgae
Sweden: stim
Switzerland: suisa
Taiwan: cha
Trinidad & Tobago: cott
Tunisia: sodact
Turkey: mesam
Uruguay: agadu
United states: ascap
United states: bmi
United states: sesac
Venezuela: sacven
Zaire: soneca
Zimbabwe: zimra
PER-PROGRAM LICENSE A license agreement available for broadcasters from a performing rights organization in lieu of a blanket license. A per-program license bases its fee upon revenues from only those programs using music licensed by that organization.
PHONORECORD A term used in the Copyright Act to describe the material object in which sounds, other than those on a soundtrack of an audio-visual work, are fixed and from which they can be reproduced. A CD and a cassette tape are both phonorecords.
PIRACY Unauthorized copying of a record or tape.
PRINT MUSIC Music used in the following printed editions:
1. Sheet Music — Musical compositions printed on unbound sheets of paper containing the music and lyrics for both popular and classical music.
2. Folio — A collection of songs written by vari- ous artists, having a common link or theme (love songs, top hits of an era, selections from a Broadway show, etc.).
3. Arrangements for a particular musical instrument (i.e., accordion, banjo, guitar, drums, piano, etc.).
4. Concert Edition — A collection of songs arranged for performance for a group of voices or instruments, commonly available in choral, orchestra, and/or band arrangements.
5. Method Book — An educational or method book containing instructions and exercises for developing and improving techniques categorized to their level of difficulty.
PRINT RIGHTS The exclusive right conferred by the Copyright Act to print sheet music, folios, band parts and instrumental arrangements.
PUBLICATION Defined by the Copyright Act as "the distribution of copies or phonorecords of a work to the public by sale or other transfer of ownership, or by rental lease or lending. The offering to distribute phonorecords to a group of persons for purposes of further distribution, public performance, or public display, constitutes publication." However, merely performing a new song in public doesn't "publish" it.
PUBLIC DOMAIN Refers to the status of a work having no copyright protection and, therefore, belonging to the world. When a work is "in" or has "fallen into" public domain it means it is available for unrestricted use by anyone. Permission and/or payment are not required for use. Except with respect to certain foreign-originated works eligible for restoration of copyright, once a work falls into the public domain ("PD"), it can never be recaptured by the owner.
PUBLISHER A person or company that publishes and exploits songs, scores, or compositions, usually acquired from the author via an assignment of copyright.
RECAPTURE OF RIGHTS The right granted to an author and certain of his/her successors under the Copyright Act (but excluding works made for hire), under certain conditions and certain limitations, to recapture rights to a copyright previously granted to a publisher or other grantee. Because this is a detailed and complex procedure, you should consult your attorney on recapturing rights to your works.
RENEWAL OF COPYRIGHT A registration by the author or his heirs (or their authorized agent) in the U.S. Copyright Office that renews for a second term of 67 years a copyright originally registered prior to January 1, 1978. Works originally copyrighted prior to 1964 that were not renewed in their 28th year of copyright have fallen into the public domain. Works originally copyrighted between 1964 and 1977 are automatically renewed by statute, regardless of whether a renewal registration is made for them. See AUTOMATIC RENEWAL. There is only one term of copyright for works written on or after January 1, 1978, generally the life of the author plus 70 years.
RESTORATION OF COPYRIGHT The procedure by which the owner of a copyright in a work that originated in a foreign country that is a member of the Berne Convention or World Trade Organization, that is still protected there, and that fell into the public domain in the U.S. because, among other reasons, it failed to comply with certain formalities that had been a part of U.S. law can have U.S. copyright protection retroactively revived. Restoration is accomplished by filing a form GATT with the U.S. Copyright Office.
SAMPLING When sound bytes are removed electronically from a master recording and through technological imitation placed within the context of another composition. The length of the bytes can be limitless and can contain lyric and music in combination or in part from any segment of the score. Depending upon the length of the bytes and how they are used, unauthorized sampling could be held to be a copyright infringement of the sound recording from which they were taken and from the musical work they first appeared in.
SCORE The music that is used in synchronization to an audio/visual work, or the body of music composed for a dramatic-musical work
SINGLE SONG AGREEMENT A contract between a publisher and songwriter(s) where the songwriter assigns to the publisher the copyright in one particular song in return for a percentage of royalty income. Sometimes referred to as a "one-off" contract.
SMALL PERFORMING RIGHTS This term is used to describe the non-dramatic public performing rights that are represented by and licensed through the performing rights organizations. In the United States these are BMI, ASCAP and SESAC. Performances of individual musical works on radio and TV and at hotels, restaurants, on programmed music services, and in concerts are "small" performances. These performing rights cover individual musical works used in non-dramatic renditions and are to be distinguished from "grand rights." Note that when individual musical compositions are used in a dramatic setting, with action, scenery and dialogue, as may be the case in a "revue," it could be considered a "dramatic" performance and not be covered under a performing rights organization license (see GRAND RIGHTS).
SONGSHARK A purported music publisher who charges a fee for exploitation services to songwriters that a legitimate music publisher would bear himself. Songsharking is not illegal, but is considered highly unethical in the music business.
SONGWRITERS The men and women who conceive and construct the lyrics and music to create songs.
SONGWRITER/PUBLISHER CONTRACT An agreement entered into between the two parties that sets, among other things, the terms under which the composition(s) is transferred (assigned) and income is earned and divided.
SOUND RECORDING The copyrighted musical work that results from the fixation of sounds onto a phonorecord.
SOURCE LICENSE In performing rights, a license granted by the copyright owner to the person, producer or organization being licensed to record or distribute the work, (e.g., in a taped program) so that the performance of the recorded work needs no further license.
SPLIT PUBLISHING When the publishing rights in a song are held by more than one publisher. Each of the several publishers is called a "co-publisher."
SR FORM Copyright registration form for a sound recording, usually obtained by the record company to protect the fixation of sounds on the recording. An SR form can be used to register the song (the © copyright) as well as the sound recording (the (P) copyright), if the copyright claimants of both are the same.
STAFF SONGWRITER A songwriter who has an exclusive agreement with a publisher.
STATUTORY COPYRIGHT Copyright protection acquired by virtue of the provisions of the U.S. Copyright Act.
STATUTORY DAMAGES Monetary damages obtainable by a copyright owner of a work for its infringement. The amount is at the discretion of the court, but ranges from $500 up to $20,000 for each infringement, and up to $100,000 if the infringement was willful. If actual damages and profits attributable to the infringement would be greater than statutory damages, the copyright owner can choose to seek those instead.
STATUTORY (COMPULSORY) MECHANICAL LICENSE RATE The compulsory mechanical license rate has been in existence since the 1909 Copyright Act. The statute places a ceiling — per record, per song — on the royalty a copyright owner can obtain (the royalty rate of 2 cents remained the same from 1909 to 1978). Provision was made, under the 1976 Copyright Act, for a periodic review of the rate. Such a review took place in 1980, whereby the royalty rate was increased in yearly increments. The statutory rate for 1999 is 7.10¢ per song for each copy of the CD or tape distributed or 1.35¢ per minute of playing time, whichever is greater. For subsequent years, the mechanical rates will be as follows: 2000 and 2001: 7.55¢ per song or 1.45¢ per minute
2002 and 2003: 8¢ per song or 1.55¢ per minute
2004 and 2005: 8.5¢ per song or 1.65¢ per minute
2006 and later: 9.1¢ per song or 1.75¢ per minute
SUB-PUBLISHING A contractual arrangement between an original publisher of a song and a foreign publisher to handle the exploitation, licensing and collection for the song in the foreign publisher’s territory.
SYNCHRONIZATION RIGHT The exclusive right of a copyright owner, granted by the Copyright Act, to authorize the recording of a musical work onto the soundtrack of an audio/visual work. The song is synchronized with images on the screen, hence the name.
SYNCHRONIZATION ROYALTIES The amount of money earned by the publisher (and, consequently, divided with the songwriter) for the use of a song for which a synchronization license has been issued.
VIDEO BUYOUT An agreement by which the buyer (user) agrees to pay the licensor a flat fee for the use of a song, with no increase based on sales of videocassettes/discs.
VIDEO ROLLOVER An agreement by which the buyer (user) agrees to pay the licensor a continuing fee (either in advance or based on sales as per agreement). Every time a specific sales point has been reached, the fee is "rolled over," i.e. paid again.
WORK MADE FOR HIRE As defined in Section 101 of the 1976 Copyright Act, this is a work prepared by an employee within the scope of his/her employment, or a work specially ordered or commissioned for use by another person in accordance with a written document as a contribution to a collective work, motion picture, audio/visual and other certain types of works, the nature of which is specifically defined in Section 101 of the Copyright Act. In the case of a work made for hire the employer is considered the author of the work under the Copyright Act (and unless the parties agree, otherwise owns all the rights in the work).
WORKSNET A new global system for managing information about musical works, their creators and owners.
It's extremely important that you fully utilize the media to advance your music career. This includes all trade publications, magazines, newspapers, radio, television, and the Internet. A well refined, talented artist or band that continually self-promotes has by far the best chance of getting "noticed" and signed with a record label. Have you ever heard the expression, "out of sight - out of mind?" You need to be the exact opposite of this! Stay in sight as often as possible and in the minds of as many people as possible. Saturate the industry and the general public with your act and you will go places! Utilize the media with paid advertisements, "FREE" advertisements, press releases, write-ups & reviews, and radio & television airtime.
- One of the responsibilities of an artist's personal manager is to help them make wise career decisions. The problem is that most artists have a very difficult time finding good management, since most of the experienced and "connected" managers are usually busy with their current clientele. For this reason, many musician's ask a friend to be their manager. What usually happens is the friend becomes more of a booking agent than a personal manager. (It's much easier to book a show than to guide a musician's career!) Since these "friends" are new to the music business they sometimes wind up getting in the way rather than helping. If it's a manager you want, find a manager! If your friend wants to be helpful they can always take money at the door (at shows) when needed, or they could learn to run the light show! Do not put the fate of your career in the hands of someone who has no idea how the music business works and has no experience dealing with others in the business! Many bands have performed together for more than 10 years before landing a record deal! That's dedication! That's perseverance! That's the kind of tenacity it takes to succeed in the music business! You don't necessarily have to perform for 10 years before anything great will happen, but if you have the dedication to continue through thick and thin and let nothing stand in your way, it's much more likely that great things will happen.
Practice, Practice, Practice!
Never assume you know how it works, find out! If you think you'll figure it out as you go, you're right, you will; but it will be by stumbling and falling more times than you'll ever care to tell! It's OK to learn by doing, but don't learn by making one mistake after another. This can be very time consuming and extremely painful to your ego! Get the facts and learn the business the right way! - Promote, Promote, Promote! You may be the greatest musician or singing sensation that ever walked this planet but without any promotion nobody will ever know!
One of the biggest reasons why it's so hard to break into the music business is because it's such a saturated industry. Everybody wants to be a star. What makes it even more difficult is that there are so many wanna-be musicians out there that they ruin it for the musicians who possess real talent! Record companies are bombarded daily with "crappy" demo tapes and submission packages that are so far from industry standards that they're sometimes thrown in the garbage without even being opened! What this means for the professional musician (blazing with raw talent) is that he (or she) has to wait until the record company A&R people finish sorting through this enormous pile of "crap" before they'll get back to him (or her).
Develop your act.
Here are some things you'll need to learn in order to develop a top notch, professional act
Learn how to effectively select band members and song material;
how to improve your songwriting techniques;
how to set up effective rehearsal schedules;
how to create an image for your band;
how to register your copyright on original songs;
and how to trademark your band name. Take your act to the public. Find as many venues to perform at as possible (paying or not). Get your name known while you develop your live show. Most record companies require that an act has a substantial amount of live experience before they'll even consider making any contract offers. A good way to quickly gain massive public exposure is by getting your un-signed band aired on the radio and television for "FREE!" Learn how to set career goals and create a plan to achieve them. Many industry professionals will not work with an artist who hasn't established any "real" career goals. Create professional promotional tools that are up to industry standards! Learn how to assemble and use "Press Kits and Promo - Packs!" Learn how to record, produce, and duplicate high quality, professional demos; learn to write artist biographies that will quickly grab the interest of the reader; learn to write press releases that demand newspaper and magazine editor's attention as well as the attention of radio and TV producers! Market and self-promote your music and your act like the pro's do! Become a professional in marketing and promotion. Did you know that it's very possible to earn more money as an independent artist than a signed artist if you apply promotion and merchandising principals to your band! Explore ways to promote your band, your music, and any merchandise you have to offer. It's also important to find ways to increase band earnings at your shows! Learn to utilize all your media resources such as trade publications, newspapers, magazines, radio & television, and the Internet. Build a website to promote your band and your merchandise. Create a stir or a 'buzz' in the music industry. Make as much noise as possible in the music community by utilizing the media for publicity and promotion; performing everywhere and as often as possible; building and maintaining a mailing list; and putting on awesome performances that get people talking! Find and assemble a management and legal team. Locate a reputable entertainment attorney who is willing to represent you. Find a manager or management firm that agrees with your career goals and is competent, willing, and qualified to help you stay focused and achieve these goals. Learn the correct way to submit your demo and promo materials to record companies, music publishers, managers, producers, entertainment lawyers, booking agents, and media personnel. Again, there are certain industry standards that many musician's neglect when making submissions! It's important that you understand and utilize these "standards" or "guidelines" or risk looking like an amateur and getting constant rejection! At whatever the cost, you must avoid the five "biggest" mistakes musician's make when submitting demo's. (These can be found in the "free" articles section.) Register with a performing rights organization. Before you sign a record or publishing deal you must first register with a performing rights organization (ASCAP, SESAC, BMI). Performing rights organizations collect and distribute performance royalties to songwriters and publishers. These are the royalties that are paid for any public performances (radio, TV, clubs, etc.) of your songs. (There's no need to register unless you're actually negotiating a contract. )
That's should help you with your career chooses as a singer/songwriter. I wish you the best of luck, if you need any help feel free to email me.

Email: Sabaoth42@yahoo.com