Loose Cannon
Posted: 8:52AM, Thursday 2nd July, 2009. Updated: , Thursday 2nd July, 2009.
Keeping Yourself from Becoming Prey to Music Predators
Because we do the music industry directory, I get asked a lot for the bona fides of music companies that offer their services to the community. Occasionally I'm on a current affairs program or in the news commenting about the issue of artists and songwriters getting ripped off--not by major multinational corporations, but by fast-talking individuals who are the music industry's equivalent of the Nigerian scam merchants.
This industry is filled with those who want to profit from the hopes and aspirations of the wannabe generation. Because the internet is so accessible, instant and prevalent in evangelising music to the masses, it's no surprise that it's also used so easily to fleece money from the sheep. I used to get letters from song scammers and the occasional fax, but now hardly a day goes by that some internet music scammer doesn't come knocking on the door of my phony email addresses that are listed in the music directory to catch crooks.
That's right. While there are about 35 people and companies that would never get listed in the AMID because they are proven crooks, and serial ones at that, we maintain false identities in the Artist, Manager, Record Company and a few other scammable sections that scoop up a wonderful array of illicit proposals.
There are borderline ones too. I recently got invited to submit for a series of festivals, for a fee. Though I've asked repeatedly to be taken off their email list, I am inundated with emails from the International Songwriting Competition (ISC) who ask a fee for submitting (deadline coming up July 19!!!!) songs in this supposedly prestigious event. But if you notice in the list of 'runners up' and 'honourable mentions' it would appear that at least in this country, virtually all of the entries got a nod.
The ISC has also been involved with the Red Gorilla Music Festival which is an ambush event that happens in Austin Texas during SxSW Week. Surprising? Hardly. They solicit bands for a fee to play for free and we busted them a few years ago for not warning those from overseas that they need to get a visa in advance and the costs involved. When we checked their email addresses and affiliation, the Red Gorilla mob were working hand in hand with the 800 pound primate of ISC.
We've also exposed a number of Australian scams ranging from studios that pimp the public to submit songs for artists to record under the guise of doing a production for exorbitant fees to song competitions or band contests where the artists never get a prize and the promoters pack up all the money. And if I hear of one more compilation offer, I think I'll scream! And don't get me started on commercial sucker schools for music industry aspirants.
So it's fortuitous that I stumbled across an article today while serving up The Daily News Feed.
It's not often that I post an article in my blog but one came to my attention today that answers a lot of questions about some of the common scams of the music business. It is concise and compelling so I give it here with the URL and source.
The Jaws Of The Song Shark
Just like our oceans, there are also sharks prowling the waters of the music business. The difference is these carnivores are in search of un-signed musicians and songwriters.
Getting a recording or publishing deal is a tough nut to crack. To make music matters even more difficult, there are many unscrupulous individuals trolling the shallows ready to cash-in on the dreams of the unsuspecting artist. These scams are everywhere, especially on the internet and one must be vigilant.
While manoeuvering through these murky, musical waters, it is helpful to be able to identify the dangerous species from the harmless ones. Common sense is the first and most important piece of equipment to have before submerging into the depths. Remember, nothing is totally free; anyone who solicits services or the ability to help you with your career-search will want something from you. Some of the many schemes are:
Song Sharks - These are individuals who claim to be legitimate publishers, record labels or firms. They will sign almost any song regardless of quality. Then they will request money from you for a number of different services (submission fees, paperwork, office expenses, packaging, etc.) while at the same time telling you that they are on the brink of getting your music to a major label or artist. Legit publishers never ask the songwriter to pay for items and services that are a standard part of the business. Publishers get paid in the form of royalties after the song has been recorded.
The Demo Mill - Once these people receive your song, they will stroke your ego by telling you how good the song is. Then comes the pitch - you will be told that your song has hit potential but needs to be of studio quality before they can shop it, and they have top-notch studio musicians who will re-record it for a minimal fee (because the song is so good). Once you commit to paying for their services they will consider you hooked. Soon, one cost after another will be thrust upon you for as long as you will continue to pay. Respectable publishers are used to hearing basic, productionless demos. At this early stage they are only interested in the melody and lyrics of the song and not the production. If a good publisher is interested in your song they will most likely re-record the song themselves, or have an idea of what they want to do with it. This is not the responsibility of the songwriter.
Compilation CD's - This is a popular one. The songwriter will be offered the opportunity to have his or her song included on a compilation CD that will later be shopped to hundreds of record companies, agents and managers. This will be explained as a cost-cutting approach because all of the artists will contribute to the production costs by each paying a fee. Unfortunately, the only people who will probably hear this CD are the people performing on it. Record labels rarely (if ever) listen to these types of compilation recordings. The artists send in their money and their demo recordings. In return the scammers burn a CD of all the songs, slap a label on it and mail a copy to all the contributors. Included will be a letter stating that they are very excited about the many positive industry responses to the CD. They will ask you to be patient, and you will hear from them as soon as all of the results are in. Don't hold your breath!
Song Contests - This scam is so simple that non-music sharks have entered these waters. The contest requires that you send in a copy of your song along with $10 - $20 (per song). The winner supposedly will receive a recording contract for that song and/or a complete band package of instruments, audio equipment and accessories. Of course, a bogus name is announced as the winner and everyone is sent an email stating that they were runnerup. The songwriter is encouraged to submit their music again for the next contest because they were so close to winning the first time.
Song-pluggers - These are individuals who claim to be part of an experienced team of music industry pros. For a fee they will use the contacts that they have accumulated over the years to shop your songs. The songwriter must first pay a membership fee to be included in this exclusive service. The company will offer a yearly or multi-year membership. Many of these memberships will range from $150 to $400. The songwriter will also receive an optional critique of their songs for an additional fee per song.
There are supposedly legit music placement services out there that require membership fees. Check all of these services carefully before joining. Email a few members and ask what they think of that particular service. Take time to research independent reviews and articles regarding these companies in respectable music magazines and websites. Keep in mind that if your songs are that good, you don't need to pay anyone to shop it for you. The composition itself will draw legitimate interest and reward if you take the proper steps to get it heard. This requires research, patience and a professional approach.
Never sell anyone your songs or the rights to them! Unless someone has hired you to write a particular song, don't allow anyone legal rights to your musical property. In doing so, someone can take your name off of the song and replace it with their own. If someone wants to record your song, be sure to follow the proper licensing procedures.
Let's face it, most of us can easily be swayed by someone who raves about our talent and offers to assist us in getting that 'big break.' Although they will ask for money, some of us will look at this as a small price to pay for fame. But don't be fooled by compliments and promises that sound too good to be true, because ...
Respectable industry people understand that they must pay good money for good songs. These individuals are more than willing to pay the artist in order to get-on-board with a product that they feel will reap rewards down the road. Anyone who asks the songwriter for a fee or payment regardless of the reason should be looked upon with suspicion. As with most things in this world, there are exceptions, but very few!
With these few things in mind, swim carefully and safely in the sandy, salty, surf of the sometimes seedy sea of song.
Why Pay For Music Business When You Can Get It Free!
Posted: 1:50PM, Wednesday 24th June, 2009. Updated: 9:07AM, Thursday 2nd July, 2009.
I had lunch with that great manager Grant Thomas Sunday over barbecue and a margarita with us discussing the state of music business models, the value of free and also the demise of European music event Popkomm which just happened over the weekend. Then there was the death of Glenn Wheatley's Stripe mobile music subscription service which was supposed to revolutionise online music.
As we chuckled over the fact that I often claim not to be in the music industry but in the wannabe business as a data-drug dealer selling contacts and information. And he as one of the country's top managers with great success over the past three decades, has invested far more in artists in recent years than he's had returned. We were neither depressed nor overly excited about the recorded music business because we are not dependent on it for our livelihoods. There are far better ways to earn more meaningful income from revenue streams that were not possible a few years ago. We've both dabbled in property, neither of us invested in stocks, we still have our super and I've created a pet magazine as well as the AustralAsian Music Business Conference which is in its 9th incarnation. We both look to the future rather than curse the present or bemoan the past.
Physical record sales may have declined by 50% since 2000 but now digital music sales are close to 40% this year. More people are listening to music, a broader range of music and more often than ever before. The live side is killing it and as our conference will show, the increase in revenue streams from advertising, games, films, TV, mobile content, online videos and other forms of income are staggering. And the live side is booming with far more streams of money turning into rivers of revenue for artists.
So it's interesting to look at what's not happening out there and what's for free. Popkomm just died as the major European event, being cancelled because of a lack of trade visitors, registrants, stands and other revenue. MIDEM as an event is suffering the same diminishing attendance and investment and this year is offering MIDEMNet seminars for free as well as deeply discounted half-price 495 Euro registrations trying to regain traction. Music Matters in Asia recently concluded with them offering free registrations to Asian artists.
Well, while the overseas confabs are having a spot of bother, we have managed to increase revenue 30% for South by Southwest from this part of the world, mostly because of great advance planning, marketing and promotion, offering airline and advance registration deals as well as getting our third territory of Hawai'i to get its government and industry to invest. While SxSW admitted that things were down by 10%, I saw it as the tirekickers not coming and more room to do business which is what actually occurred. And just talking to Austin today, we've got most all of our trade partners, exhibitors and sponsors back as SxSW remains even more vital as a centre for business, despite recessionary time.
You see, I'm pretty excited about this supposed recession because bad economic times are where entrepreneurs were able to launch their dreams, like Rockefeller and J.P. Morgan while the populace got depressed reading the papers. Now, I see many of our advertisers, partners and fellow businesses actually increasing their sales because we haven't fallen into the self-fulfilling prophecy of doom and gloom which sell papers and glues eyeballs to TV news and current affairs.
Hell, if anything, we're hungry! There are fewer bodies in the way between us and our goals. Though our ads are down 10% in the upcoming AMID, our sales of directories, books and online banners are up over 20%. The pet mag is up 30% over last year. And the registrations for the AMBC are dead equal to 2007.
What's our secret? It's about selectively giving away things free that attracts fans of what we do and makes a simple transition to a transaction seen as great value for money. Free is a real accelerator for the new economy in our eyes and that's why we do TheMusic as a free music news and views site (you're reading it now and it's been around almost 15 years). It serves as a honeypot to attract people to our other services such as music business books and overseas directories as well as our conference, SxSW and other ventures.
For the AMBC for example, we teamed with The Music Network to give free subscriptions to our attendees for 10 weeks which helps the mag market its new revitalisation. We also have an inside area which has over 250 articles at present (it will be over 400 by August) on all nine seminar topics which is the equivalent of about five full books. There's an online news stand, networking area for delegates and 100 Sites 2 Go 2 B4 You Go Deaf (updated) which is a fascinating perspective on where our industry is going.
And if you want to see an extremely inspiring online video on the State of the Industry by Michael Masnick of Techdirt on great success stories in the music business new models I couldn't stop watching it. It's from the NARM confab last week.
The other one is an interview with Ian Rogers, the CEO of Topspin on the idea that people just want stuff for free? Debunked. Give people a reason to buy in the form of real value they can't get elsewhere, and they absolutely will.
But you kiddies can have a good chuck of the book Music Business by Shane Simpson at the site below. We've sold over 7000 copies of the book over the past several years and the folk at Simpsons Solicitors have a lot of it online. With the money you save, you might want to buy some of our books at http://www.immedia.com.au/books.
Go now to
http://www.simpsons.com.au/l_music.htm
Here are the topics covered as free PDFs from the book
Music Business - Third Edition
Selecting and Protecting a Name
226k
Business Structures
240k
Not-for Profit Organisations
592k
Agents
244k
The Manager
408k
Controlling managers, agents and venue consultants by legislation
240k
Performing Live
448k
Music Copyright - The Basics
524k
Music Publishing
408k
Anatomy of a Music Publisher
184k
Composing and Writing With Others
244k
Types of Publishing Contracts
444k
Common Clauses in Publishing Deals
372k
Technology and Music: Evolution to Revolution
428k
Download delivery: evolution in business - revolution in thinking
480k
The Growth of the Australian Record Business
2M
Music Business - Second Edition
This material is out-of-date and is no longer available.
CHECKLISTS
Band Structure Checklist
16k
Manager — Artist agreement Checklist
8k
Music Licensing Basics Checklist
8k
P&D (Pressing & Distribution) Checklist
8k
Recording Negotiation Checklist
12k
Synchronisation Licence Checklist
8k
LECTURES AND WORKSHOPS
Agents and Management
24k
APRA Seminar — Screen Composers (Rights)
12k
Business of Country Music
16k
Collecting Societies
20k
Copyright — Additionals
20k
Digital Copyright for Music
32k
Effect of New Technology on Copyright
24k
Lawyers and Your Overseas Success
8k
Merchandising
24k
Music Business An Introduction
8k
Music Distribution Online
20k
Music Publishing
32k
Performing Live
20k
Principles of Contract
12k
Publishing Agreements
12k
Recording Agreements Info
24k
Taxation
24k
Recent Developments in Music Law
20k
PAPERS
Lessons from the Holly Valance Decision
240k
Music and the Internet (1997)
36k
Music and Technology (1994)
28k
Sampling
12k
The Art of the Deal
16k
STANDARD LETTERS OR FORMS
Sideman Agreement
8k
Sundry Income Reminder
8k
Commissioning Cover Art
8k
Internal Band Partnership Agreement
8k
Musician’s Letter of Agreement
I Didn't Jizz My Pants But I Did Shit Myself Laughing!
Posted: 3:19PM, Sunday 31st May, 2009. Updated: 3:06PM, Monday 1st June, 2009.
Every once in a while, something happens in this industry of illusion that makes me laugh out loud at the ludicrous nature of it. Like that clip of "I Jizzed in My Pants" taking the piss out of pop music, I saw an ad for yet another attempt to relieve the lower end of the food chain of some hard-earneds in their hope to break in to the music industry. As you'll see, it's actually a comedy cloaked in a class confounded by a conundrum. Sadly though, there will probably be casualties.
I was alerted to this How To Make It In The Music Business seminar by a ScamWatch Associate who had previously shared some facts on music industry schools that charge $12,000-$15,000 a year for students to get certificates at the end of a diploma course which are regarded as a slightly higher form of certificate than that which comes on rolls in small rooms. I have high regard for many institutions of learning and their music industry courses—such as the TAFES, RMIT, NMIT, VU, etc—and think many of the free programs that APRA, Ausmusic SA (not to be confused with the AUSMUSIC of Melbourne—a totally different beast) and other industry associations provide at no or very low cost are beneficial to those starting out. I have my doubts about some others, having spoken to many of their graduates or disgruntled dropouts. But it was their choice, just like wanting to sign to a major. They paid their money and took their ride.
I've also seen a rise in music business seminars preaching to the aspirant musicians, songwriters and mini-moguls as well as major combo festivals/trade fairs/showcase events. Some of them are staged by former executives now out of work or as a part of their company revenue streams while others are there to truly address the needs of those wanting to break into a tough industry that's getting tougher, (Disclosure statement: We have accepted online advertising from WAMI, One Movement and Big Sound). It seems like every state wants to have one and certainly my experience at WAMi Conference last month with my young protégé Jessica proved the value of inexpensive, industry-run events of this ilk as I'm sure will be the case with Amplifier in Hobart Tasmania next month that I am also speaking at. I missed the Fuse Festival in Adelaide this year due to doing SxSW and therefore missed the keynote speech of Glenn Wheatley in which he blamed bad legal advice for being caught in a scheme to avoid taxes by hiding money overseas. But that's another issue.
Glenn was also a featured speaker at the AMPAL music business night for the krill of the biz at the bargain price of $10 (tax deductible) which earned some good money for AMPAL and its speakers as well as spreading the gospel of music publishing. He's set to keynote the Big Sound conference and I'm sure we'll see him as a motivational spieler along the way.
As an aside, APRA has created some fantastic initiatives as a collection society for both members and industry workers with their biennial S3 event which happens again next year in Sydney after its initial event last year. Plus they do free roadshows for members in addition to programs online and offline to keep them informed of industry changes.
But this one that made me laugh my rather plump ass off greeted me online with the King standing there in his striped shirt with tails out, at https://creativeartsalliance.com.au. Break Into the Australian Music Recording Industry Now! A one-day seminar for $220 (inc GST) with a group of music industry experts to show you how to make it. And it was obviously pitched to the unwashed masses who believe that Australian Idol might be the pathway for their dreams. So it was a natural revenue stream for Kyle Sandilands to set up a tollbooth and parking lot for the rubes.
Not that I begrudge him his spot as an Idol judge to make more bank. He has many talents, for sure. He's a radio announcer who intimidates and blows hard behind the mike, while as a TV personality, humiliation of the aspirant Idols is a specialty, but that's a role he's playing, not a character defect. So it would make a lot more sense if the seminar was on how to break into shock jock radio land or kickstarting your music career by not getting kicked off the Island of Idol. After all, he's got a lot of money, a wife who sings but not a stellar track record in running a record company or her career.
When I checked out the site, after reviewing some of the esteemed speakers (including Di Torossian formerly of BMG Music and attorney Brett Oaten who have both spoken at our AMBC shows with no fee), I noticed a few amusing things. The first one was that on that Speaker page, they misspelled Diana's surname with an extra r. I mean, they described the speakers as Australian legends, they should at least spell their names correctly.
The next howler was that if you were a registrant, you needed to bring with you "Writing Implements" (one assumed paper and pen, not provided for in the fee) but it then forcefully stipulated no laptops! That's right, you could not take notes on a PC or Mac. Maybe it was because they wanted no way to blog or send pics and content out. Perhaps they didn't want King Kyle Keynote speech to be sold to the media. So one would assume that no recording would be permitted either, you'll just have to scribble notes.
And you needed to pack a lunch, though morning and afternoon tea would be provided. That's right, a $220 seminar and you had to brownbag your tucker. You figure maybe Kyle and Co, in the spirit of the Creative Arts Alliance, might spring for noodle boxes, roll ups or something. There was no mention of networking drinks so I think you'll have to BYO.
You could not register on the day. "You will NOT be able to purchase a ticket on the day. You can pay online by visiting our "Book Now" page with a credit card, or call the office on (02) 8307 8890 to arrange alternate payments." They take Visa, Mastercard and even AMEX which makes it easy for Dad to pick up the tab. They conveniently have a pull down menu where you can specify the number of tickets—1, 2, 3, 4 and Please contact me for people wanting the personal Velvet Rope treatment for spending over a grand. And yes, you have to specify your country from another pull down menu of a few hundred possibilities including Nigeria. I mean these dudes are ambitious.
From 10 am to 4 pm, you can listen to speakers and have questions answered in the plush The Establishment Ballroom by not just one, but two PRs from Identity PR which don't exactly do indies. Lotsa big clients, but not really the lower rungs of the food chain. They do the media quite well, and there is no doubt that they will give great advice. The others are producer manager types and I'm sure their content will be riveting judging by what you are about to read.
But what about King Kyle who is the face of this revenue raiser. I'm sure he will speak of the incredible success of his record company King Kyle Records and how he personally made the amazing success of his wife, whose name I forget since I didn't buy the mag with the coverage of their wedding, in the music biz. I googled King Kyle Records to refresh my memory and my browser and saw that there were articles first from 2005, then 2006 and 2007 but the most recent was how he became a nightclub King. Only a passing mention of some record label, but nothing real. Idol judge from 2005, a Vogue Australia forum from 2005 with seven rather unflattering posts about forming his own label to get an artist named Tamara Jaber (oh yes, that's her) a deal.
Perhaps he will impart the wisdom that you too can start your own label if you have a day job like his with a national media group behind you, which is what the description of the King Kyle Group is touted to be on the seminar site. Another 2006 post on Yahoo, the wedding stuff on on a 2008 forum, a 2005 post on how Ten prays the faithful will return to Idol and then a plug page for Big Top Interactive on how they built his city online with a Tamara Jabber site which touts her 2005 single. Actually her career kinda ended on that site at 2005 www.tamarajaber.com. I'm sure she's gone on to greater things on King Kyle Records than screaming Oooh Ahh..,
I did find a fascinating reference that he had taken on management of another talent, Roberta Williams a year ago, wife of King Carl Williams from the reality show "Underbelly". As the Telegraph tooted it, "It's Sandilands' hard and fast, no-frills approach that has appealed to the Melbourne mother of four the most following an extensive interview on his 2Day FM breakfast program several weeks ago.
"Kyle comes from a similar position to Roberta in that he has triumphed over a hard life circumstance and they connect on that level," Sandilands' business manager Andrew Hawkins told Confidential yesterday." Haven't really kept up with her career moves but maybe there's a duet with Tam coming.
So I went to find King Kyle Records since it wasn't really on the first page of Google. Maybe there is a connection from the Creative Alliance sell site for the conference. Nope. So I entered www.kingkyle.com and immediately got a redirect saying "Redirecting you to the temporary King Kyle site". Maybe it was like the Dalai Lama in exile or awaiting return to the throne like Le Dauphin, a pretender to the throne. But hey, there was a redirect to the site in another guise http://web.kingkyle.com/ which was fascinating in its understatement, unlike Le Royal himself. (Not to be confused with the French name at McDonalds for Quarter Pounder with Cheese as documented in 'Pulp Fiction')
"Headed by Kyle Sandilands, one of Australia's foremost media personalities, King Kyle Productions is set to emerge as a leading production company both in Australia and around the world. With productions currently on both nationally syndicated radio and television this dynamic production house is poised to bring a refreshing change to the media scene.
The new King Kyle Productions site is currently in development and will be released second quarter of 2008."
There was certainly no humility in the description of Le Roi de Soliel media kingdom, but I did note a small problem with the dates of his reign. It's the second quarter of 2009 now and it's about a year late, though the copyright date is certainly 2009 at the bottom. So I thought, maybe I should contact someone and true to form, there was Kyle's general manager, Andrew Hawkins, right on the front page. I knew that name from somewhere. But I went right to the links at the bottom first.
The first one, that was supposed to go direct to the Kyle and Jackie O Show http://www.fox.com.au/shows/kyleandjackieo took me right to an error page http://www.fox.com.au/not_found.html. I thought, this can't be right, so I tried it again. Nope. There was another link on the page that was supposed to take me to the fiefdom of 2Day FM. But unfortunately http://www.2dayfm.com.au/shows/kyleandjackieo/meet_the_team/kyle sent me to the same error page. Shit! Even the palace guards were not on duty!
But hey, there was a link that worked. It was to the Australian Idol site for the 2008 show with the latest info being five months old. Oh well, I'll have to give up finding the King Kyle Records site online. Maybe it's in the Music Industry Directory. No luck...
That Andrew guy, maybe he's the one... and yep, I found him. See!? Andrew Hawkins - Director (Entertainment)
Andrew looks after the entertainment side of the business. Andrew also operates as the General Manager of the very succsessful (sic) King Kyle Productions.
(his spelling, not mine, right next to his South Park character at http://purpleoranges.com/site/contact/who-is in the Purple Oranges site)
andrew.hawkins@kingkyle.com is his email address. I'm sure I'll be hearing from him. Because that email address seems to work.
This is hot. There are offices in Sydney, Melbourne, Brisbane, New York, Boston, and Amsterdam. But the mailbox is in Fortitude Valley. Hey but they have nine staff all in South Park illustrations. They even have an Olympic Diver! Wow! And this guy to teach you how to dance.
Adam Sinclair – Chereographer (sic)
A theatrical specialist, dancing since before he was born - Adam knows what a good show is - and how to get there. More about Adam soon!
Maybe he's a cheerleader, not a choreographer, but I'd love to see the ultrasound of him dancing in the womb.
Then there's Robert Phillips - Event Managment (sic)
Robert has spent years honing his skills in functions and event managment (sic). From corporate product launches to private parties, Robert has the skills and the backing of our excellent production managment (sic) team to bring everything together for you.
I'd be a lot more confident if they didn't misspell management three times. It reminded me of the listing form we got for the Directory a few years back from someone who claimed to be a "successful bussines manger". I guess he was using the same spell checker software.
But the howler was at the email-marketing link
Purple Oranges provides a full range of email marketing design and deveoplment (sic) services. We create exceptionally compelling and unique communications that get your message heard.
I really want to be 'deveopled' by this group of experts. Maybe they can get me into clown academy, I dunno.
I gave up screaming with laughter into my Reidel glass exiting the site at the Entertainment services page where it implored me:
"Need some talent for your next production? Need somebody to help with the casting process? We can deliver everything you need with our network of suppliers. We are able to provide you with a full cast, actors, dancers, musicians – or just that one elusive role for which you cannot find the right person."
I wanted to contact Andrew to find me a record label head to teach the punters about how to be 'succsessful' in the record industry. But I guess they will have to rely on the brains behind these sites to guide them. At $220 a pop. Bring a bagged lunch but don't smuggle in that laptop or an iPod with a mike on it.
Til next time...
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