The SoundCloud Purge of 2015

I recently saw a Vice article about how SoundCloud was beginning a major purge of music on their website which was suspected of copyright infringement. In the article the author even alleges that the whole thing has to do with the fact that SoundCloud wants to monetize. While that may be true they want to monetize anyone with a basic knowledge of copyright law pertaining to music understands why they would need to do this purge either way, and it's quite simple - any music the website hosts which infringes on copyright could lead to a massive lawsuit for SoundCloud. In fact it's quite surprising it has taken this long for something to happen and it seems to be a quick response as the major labels threatened to sue SoundCloud in June of this year, just two months ago.

In the comments of the article on facebook I saw what amounted to a lot of people showing their absolute ignorance in music law, copyright law, and general intellectual property rights. Even more they seemed to ignore the fact that these laws exist to protect musicians and artists from having their works pirated. While I hate to be that guy who says "Well, it's the law", it is the law and it is there to protect musicians and their intellectual property. The most surprising thing was how some of the users tried to justify it by saying they were promoting the music they were using so it should be fine.

"How about the idea that DJ's are promoting that music. It's no different to it being played on the radio. Single tracks sure, but mixes of tracks? Mix tapes are the way most of us discovered music but in the digital era that's being policed with sledgehammer tactics. If I buy a track, why shouldn't I be able to post a mix containing it?"

I think one of the reasons people seem so arrogant about pirating music is it is seemingly a victimless crime and the few victims who are publicly seen are usually big-name rockstars who are extremely rich, so people brush it off without thinking about all the unknown musicians who rely on their royalty checks to live. Something I found interesting was how many people didn't understand that radio, venues, festivals, podcasts, and even restaurants had to pay licensing fees to play music or allow bands to cover songs at their establishment. One guy argued -

"That licensing model doesn't work for DJs, small radio stations, podcasts or events (all sizes of nightclub, festival, concert, etc.). It also doesn't accept that without these people and events much of this music would have little to no audience." 

It's kind of mind-boggling to know that a seemingly majority of DJs and Producers, who sample more than almost anyone else in the music industry, have such little knowledge of the law which pertains to their field of work. I can understand some naivety in the laws but to not understand the basic idea that you can't use someone else's intellectual property in a publicly presented work without getting proper licensing is crazy. I think in the end it really comes down to the fact that many people, including many musicians, DJs, and producers, don't truly see music as a business as well as an art form - they see them as completely separate. 

Marley Marl v. Snoop Dogg: The Intricacies of Copyright Law

When it comes to writing music and making a career out of it, copyright law is extremely important. For any musician, DJ, producer, engineer, music supervisor or anybody who may sample music for their project they must understand copyright law to ensure they aren't infringing upon other's rights. If someone feels they have a case that you are infringing on their copyrights you can be sued and lose a lot of money.

The following is a great video featuring Coe Ramsey of Raleigh, North Carolina explaining copyright law and how it has effected artists many of us know and love.

11 Essentials for Bands on Tour

Being on tour and living out of a van (and trailer if you're lucky) has a lot of ups and downs. When it comes to living on the road with your band there are some tricks to make the ride much smoother. For those bands who are new to life on the road there are some things they should know before heading out. Here are 11 essentials that every touring band should have…

1. Baby-wipes - When on the road many bands won't have access to a shower for long periods of time.  To combat the rashes, smell, and grimy feeling baby-wipes work absolute wonders. It's actually surprising how good it feels after taking a sponge bath using the wipes. Plus, taking a baby-wipe bath in a grungy bathroom of a venue in some random town is a true testament to life on the road.

2. Ozium - While some people may suggest using febreeze or something similar, I suggest going to your local auto store and picking up a bottle or two of Ozium. This stuff not only gets rid of odors it actually kills the bacteria in the air. If you don't like the scent of Ozium or it's other varieties then just use Ozium to clean the air and spritz after with your favorite scent of febreeze or whatever other brand you like. One thing to note is only spray after getting out of the van and let it air out a bit, do not spray while in the van. 

3. Vitamins - Staying healthy on tour should be one of the number one priorities. One sick band member can cause a tour to get canceled and could also get the other members sick. I always like to have multi-vitamins and a couple others just in case, stuff like vitamin C, vitamin B-12, vitamin E, and Potassium. With the combination of little sleep, lots of energy exerted, lots of partying, and a lot of low-quality food then sitting in a confined space with 3-5 other people the majority of each day there is a high chance someone will get sick. Vitamins will at the very least help keep everyones immune systems working well.

4. Beef Jerky - Cheap food, great source of protein, doesn't need to be refrigerated, and tastes pretty good. Especially awesome for those longs trips between shows where there is little time to stop for food. 

5. Physical Maps - Most bands have at least one member with a smart-phone, tablet, or some other device with gps on it. One thing that is for sure is this stuff doesn't always work. Wether it is a dead battery, bad signal, or just a shitty gps there can be something that goes wrong. Be sure to get old-school fold out maps, which you can find at AAA locations, Wal-mart, and tons of other places. These can be super handy when all the handy-dandy technology cuts-out and you are on the road with no clue how to get anywhere. 

6. Pillow - This one is pretty essential unless you want to sleep uncomfortably or your band has the money to rent a room every night. Although even if you are renting a room every night there is a chance you may want to sleep on one of those long rides in the van.

7. Blanket/Sleeping Bag - Pretty much the same thing as the pillow. Some people would be surprised how some parts of the country are burning hot during the day and then ridiculously cold at night.

8. Appropriate Clothes - Before you head out be sure to check the weather for the areas you will be and have clothes that work. It seems somewhat simple to do this but you'd be surprised at how badly people get caught off guard when the weather isn't what they thought it would be. Especially when you are going through multiple regions in just a few weeks. You may be wearing shorts and a tank top one day only to find yourself freezing while wearing jeans and a hoodie a few days later.

9. Water - I like to get the gallon jugs of water for tour and usually bring a couple plastic cups. This is one of those things that some people don't bring because they think they can just stop anywhere and get some no problem. Well it does become a problem when you're on the highway and the closest stop is 30 miles away. This can be especially important if the car overheats with no extra coolant or if someone cuts them self and need to clean the wound.

10. Roadside Emergency Kit - Just like the boy scouts, always be prepared. These kits can often include a multitude of different things but your kit should always include a first aid kit, hazard lights/triangles/flares, a car jack, a lug wrench, spare fuses, jumper cables, and a flash light. Some other great items you can include in the kit are a tire gauge, tire sealant or a plug kit (not as important if you have a spare tire), gloves, towels, hand cleaner, a fire extinguisher, coolant hose repair kit, necessary fluids (motor oil, coolant, break-stearing, etc.), and about any other item you think you might need in case of a problem with the van.

11. Spare Tire - Pretty self explanatory. Don't have one of these and a tire goes flat or pops? Then you can pretty much expect to cancel whatever show you have scheduled that night.

I'm With The Band: Guest List Etiquette for Local Bands

The guest list at a show is a very interesting thing that isn't discussed often. There are different rules for the guest list at each venue and each promotor will do their guest list a certain way. When it comes to local shows this is something that is often abused by local bands. While it seems innocent enough to want to get your friends or family into your show for free bands need to consider the implications of putting people on their list.

The obvious thing about putting people on the guest list is that is one less paying person which means less money in the door. If there are 4 bands playing and each member of each band has 1 person on the guest list, assuming there are 4 members in each band, that is 16 less people paying. If tickets are only $5 then the door is losing $80 from the guest list, a number higher than what most local bands will be paid for said show. I'm not saying that it's a bad thing to put guests on the list but if you are in a band that is drawing on average under 20 people then you shouldn't be putting anyone on the guest list except in a few situations.

1. Merch Table - You have a friend running the merchandise table.

2. Photographer - You have someone taking photos of the show (this does not mean a friend taking pictures with their phone).

3. Videographer - You have someone taking video of the show (same thing about a friend just taping with their phone).

4. Press - You have someone from the press attending the show. It could be someone from a school paper for all I care, any press to get the word out about the bands and local shows is a good thing. 

5. Music Industry - You have a record label exec, A&R rep, Sponsor rep, or anyone who has an important role in the music industry.

6. Important to Band - By this I mean someone whose help ensures the band can play. This would include someone who is lending equipment, someone hosting the band's practices,  or possibly someone who drove the band members. This does not include some friend who came with you at load-in to help you load-in. 

In my opinion every band should adhere to these rules unless they are drawing over 100 people locally on average, especially since the majority of local fans at this level are friends and family. I find it odd that so many friends of bands feel entitled to get into the show for free because they are "supporting" their friend's band by attending. 

The last thing I will mention is the girlfriend/boyfriend/significant other of a band member debacle. Some people think it shouldn't be a big deal to let them in for free and some people think they shouldn't be on the guest list. I've had door-guys at shows just let them in for free despite what the promotor says because they basically consider them part of the band. This is something that I don't see as a problem once a band can consistently draw over 20 people but if a band draws less then their significant others usually make up a big chunk of their 'fan base'. 

7 Things Promotors Do To Make Bands Frustrated

After receiving some response about my previous post, "7 Things Bands Do To Make Promotors Frustrated", I felt the need to write a follow-up article. There are many other posts out there quite similar to my article which seem to always go after the bands, so I thought I would turn it around. Promotors are far from perfect and to be completely honest, there are some promotors who frustrate me more than any band could. Here is my list of 7 things promotors do that make bands frustrated.

1. Pay-To-Play - This is one of the biggest pet-peeves that bands not only talk about but many other promotors talk about as well. Some larger promotion companies, who I will not name but many probably know exactly who it is, will seek out any band who is willing to play on a Sunday on a 10 band bill and then make them sell overpriced advanced tickets for no pay or very little pay. It isn't just the large promotion companies who do this but also local and regional promotion agencies. There is a pretty big movement in the USA and the UK criticizing the practice and even a website dedicated to informing bands about who does the practice and why it sucks.

2. Horrible Communication - When it comes to contacting promotors it can be a crap-shoot, even if you have worked with them before. When it comes to booking shows all bands can expect a large amount of their inquiries to receive no response. But horrible communication becomes a terrible problem when you get a promotor to take on a show. Once you get that email of "we've accepted your offer" then it is time to play the waiting game of show details. It is absolutely and horribly frustrating to have waited 3 weeks, contacted the person multiple times, and have received no word about anything. If something is wrong with the show and it falls through this is ample time lost I could have been setting up another show. Some promotors don't even take the initiative to tell the bands the info for the show, so if you don't follow-up you won't know load-in, set times, or anything.

3. Knows Nothing - When a band arrives at a gig they usually look for venue staff or the promotor to find out the where to load-in and the times for the show. The venue staff may tell the band where to load-in but will usually just direct the band to the promotor. It's one thing for the promotor to not know the drink policy for the venue or the closest place to get food but to not know where to load-in, band order, set times, ticket prices, or anything that is their job to decide is just ridiculous. I've played some shows where the promotor just kept saying "I don't know, you decide", which is not just stupid but pretty damn lazy. Which leads into the next part…

4. Does Nothing - When a promotor sets up a show I always see the promotor as the lead-person for the night. They are the director of the show and need to be active with the show. Shows always seem to be rough when the promotor just sits back and does nothing. The promotor should be all over the venue all night; checking on the bands, checking on the door, checking on the sound guy, making sure everything is on schedule, making sure the switch-overs run smoothly, and just gauging everything for possible problems that could arise. If you go to a show and see the promotor sitting all night, expect a shitty show.

5. Horrible Promotion - When it comes to working with a promotor there is one main job everybody thinks about…Promoting. It is the promotor's main job to get the word out about the show and create a buzz. This doesn't mean bands shouldn't promote, everybody involved in the show should promote because it helps all involved in the end. Yet it is the promotor's job to go a step above. You can tell when a promotor's only work was putting up a facebook event and posting on twitter.

6. Mis-matched Bands - I think this is the biggest under-rated qualm I hear from bands these days. It is okay to put bands of different genres on the same bill together but the promotor must make sure there is a theme that can tie it all together. I can't even begin to tell you how many bands have told me they had so much fun at a show I booked just because "the line-up actually made sense".  It definitely happens that shows will have an outliar in the line-up, a band who just didn't quite fit, but to have a 4 band bill with only 2 bands somewhat similar in style is just mind boggling.

7. Being Sketchy - There are many ways a promotor can act sketchy but the biggest tell-tale sign is they always seem to beat around the bush when answering certain questions or give unrealistic answers. Sometimes promotors will deduct things such as food, drink, or supplies from the band's pay without telling the band until the end of the show. Sometimes promotors will promise you a guarantee and then tell you at the end of the night they can't pay you or even leave before the end of the show. Some promotors will lie about the ticket count, expenses, door split, or whatever to squeeze some more money their way. Obviously this doesn't apply to every promotor but there are definitely some conniving promotors out there.

In the end I think promotors and bands should understand that they both have reasonable complaints about the other. This article puts it pretty well, even though it is based in the UK it translates well to what I've experienced (although I don't recommend the video, it's pretty lame).

8 Things Every Musician Should Know About Music Publishing

One of the most overlooked and complex aspects of the music industry today is music publishing. Many musicians have no clue what exactly music publishing entails or why it is so important. The biggest reason any musician should understand music publishing is because music publishing is how musicians make money for their intellectual property. Here is a list of 8 things every musician should know about music publishing.

1. Musical Composition vs. Sound Recording - When it comes to music publishing this is a concept so important the copyright office has a singled-out page about it. The musical composition is the specific ordering and structure of musical notes, sometimes accompanied by words. The sound recording is a phono-record copy of the composition being performed in some manner. Basically, the musical composition is the actual song and the sound recording is the recording of the song.

2. Publishing Share = 50% of the song - When a song is created it automatically has two rights associated with it; publishing rights and songwriter rights. Publishing rights represent a 50% share of the song and songwriter rights represent the other 50% of a song. If a songwriter publishes their own work they will own 100% of the song. If the songwriter signs a co-publishing agreement for a 50/50 split, the songwriter owns 75% of the song. This is because the most any publishing contract can cover is 100% of the publishing rights which only accounts for 50% ownership of the song.

3. Length of Copyrights - The length of the copyright for a song lasts until 70 years after the death of the songwriter(s). If there are multiple writers then the 70 years is determined to last after the death of the last surviving author. So if you write a song that becomes a hit and it has lasting effects, your great-grandchildren or even 2nd-great grandchildren could be receiving royalty checks from your work.

4. Performance Rights Organizations - Also known as PROs, these are organizations who collect royalty fees for artists and distributes them amongst the artists accordingly. In the USA there are three societies; ASCAP, BMI, and SESAC. Most artists join ASCAP or BMI because they offer open membership but if you want to affiliate with SESAC you'll have to submit an application for consideration. In order to join any of these you will need to have a composition released in an area which the PROs issue licenses; radio, television, film, interactive streaming, mechanical reproductions, or public performance (not a performance as in you playing it live, this refers to restaurants, shops, and businesses playing songs over their speakers). The societies are currently working to pass the Songwriters Equity Act (SEA) which would re-establish many current rules including the statutory rate for mechanical licenses and royalty payment for interactive streams (i.e. pandora, spotify, etc).

5. Mechanical Licenses - A mechanical license is the licensing of a copyrighted musical composition for use on CDs, records, tapes, and certain digital configurations. You can think of it as a mechanical reproduction of a copyrighted musical composition or the sale of one. A mechanical license does not give the right to sample from any phonorecord of the original recording, it just allows the reproduction of the composition. In the USA these licenses are mostly issued through the Harry Fox Agency but there are smaller agencies who also collect the royalties from mechanical licenses.

6. Synchronization Licenses - A synchronization license is the licensing of a copyrighted musical composition for synchronization to a visual media outlet. In layman terms it is a license to use a composition in a tv show, movie, video game, advertisement, promotional video, or any other visual media. Similar to the mechanical license a synchronization license does not give the right to use any part of the studio sound recording, this would require a Master Use License issued by owner of the recorded work (often a record label).

7. Publishing Contracts - Signing a publishing contract is kind of similar to a record contract in that you are given an advance (basically a loan) which is often recouped through the royalties earned. A music publisher's main role is to collect royalties for the songs in it's catalogue and distribute them accordingly. Many music publishers also actively sell the songs in their catalogue and maintain relationships with other personnel throughout the entertainment industry who buy music. MOST IMPORTANTLY, you do not need to sign a publishing contract to copyright your music, license your music, or collect royalties for your music. Signing a publishing contract is very risky and should be done only after consulting your lawyer (if you are offered a deal and don't have a lawyer, find one). It can be quite profitable to team up with a music publisher as they can help advance your career quite heavily but it isn't necessary.

8. Copyright Royalty Board - Also known as the CRB, this is the board which decides the royalty rates for copyright statutory licenses. The board consists of three judges who are appointed by the Librarian of Congress. The board currently consists of; Suzanne M. Barnett(Chief Copyright Royalty Judge),David R. Strickler, and Jesse Feder. Each judge must be an expert in either economics (Strickler), copyright (Feder), or adjudication and trial procedure (Barnett).

Time To Get Serious

Things have become much more serious for me in the music world and I have grabbed some attention locally and throughout the country. My booking agency is back in swing and I am trying out some new types of shows which I hope will innovate the collective local scenes in my area. What I mean by this is that I have found each music genre has its own scene with few people jumping from scene to scene, even though they would like the music. As well there are art scenes, comedy scenes, dancing scenes, and other artistic/entertainment scenes with decent crowds.

These new style shows will feature musicians, artists, comedians, and other entertainers of all styles. This will meld the different scenes and allow people to be exposed to new things they may like but would have never otherwise seen. We already have two of these shows setup, one in April and another in May, and will be getting more setup soon. I have a good amount on the line here but have also found ways to innovate my cash flow from these shows. As most promotors know, especially in todays scenes, it is very easy to lose money and being able to make money gives me more ability to help the scene as a whole.

As well as booking I am doing much more musically. I am now teaching guitar and have 2 students, both of whom seem to really enjoy and take in what I teach them. I still haven't written a new song in a while in hopes of finding inspiration but I may need to stop waiting and start getting to it. With my current band I am trying to expand my drumming and we have a new song and new cover which both push me a little in different ways. I am getting much better as a drummer and felt quite flattered at my last show when I noticed a good amount of the crowd air drumming along to our songs. Makes me feel like my hard work may begin to really pay-off.

What a Life

As usual, things haven't moved along much. The band I drum for decided not to become anything more than local, so I began picking up my indie project again and finally have more connections. Thanks to booking again and doing stuff with my band I have much more to work with in terms of local connections. As well, I feel like I now understand the basic steps for a band to really get out there in a big way. Hopefully I can pull together a group to get this indie project ready and then let it take off.