The document provides an extensive checklist for artists getting started in the music business. It recommends registering copyrights, tracking ownership of intellectual property, drafting agreements between band members, trademarking names and logos, forming companies, registering with performing rights organizations, digital distributors, and SoundExchange. It also suggests embedding metadata, securing websites and social media, promoting through video, touring, publicity, checking organizations, attending conferences, getting insurance, and working hard to create great music.
Register copyrights, trademark name to protect music career
1. 1
Music Publishing
Intro to Music Business
Lecture #8: GETTING STARTED
A NEW ARTIST CHECKLIST
(Sources include SoundExchange.com)
2. 2
Music Publishing
GETTING STARTED
Register your copyrights
Copyrights to your original creative works exist as soon as you fix
the sounds or words or notes to a medium (written down or
recorded). But to secure additional legal rights, you must register
your copyrights with the US Copyright Office. Electronic
registrations can be processed much more quickly than mailed
registrations and is less expensive. Also, sound recording (SR) and
music compositions (PA) can be registered together, which, if you
own both, is cheaper than doing them separately.
Keep track of ownership of Copyrights, etc.
Always keep track of Intellectual Property and the splits and
ownership of each. Who wrote it? How will you split royalties?
3. 3
Music Publishing
GETTING STARTED
If applicable, Draft an agreement between band members
Always put things in writing at the beginning when everyone is still
friends and money (or other things) has not yet begun to cloud the
situation. Write out an agreement in case issues come up at a later
time (they often do). The agreement should address the following
and MORE:
vRights and responsibilities of the band members
vOwnership of the business
vOwnership of Property
vControl of Property
vBand Name
vWebsite
vEquipment
vIntellectual Property
vFinances, including loans or investments and how to repay them
vNew Members
vLeaving Members
4. 4
Music Publishing
GETTING STARTED
Trademark your name and logo
The US Patent and Trademark Office oversees trade and service
marks. Make sure no one else owns the rights to your name and/or
logo and if not, be sure to register it. It may be your only way to
prevent someone from claiming he or she owned the name first, or
claiming to be you later. Registrations can be made in different
“classes” to cover recordings, live performances, merchandise and
other classes, so make sure you cover the bases. Registration costs
can add up in a hurry, but a band or artist name and brand may
become one of your biggest assets, so it’s well worth it to protect it
early.
5. 5
Music Publishing
GETTING STARTED
Form a company (or companies as necessary) for your label,
songwriting/publishing, touring, merchandising, etc.)
It’s important to look at your work as a small business, not just a
creative hobby, and to get all your legal protections in place. Forming
a company, partnership, sole proprietorship or LLC and keeping
separate financial records can help ensure that you’re compliant with
taxes and can protect your interests.
You may need more than one entity. You almost always do.
6. 6
Music Publishing
GETTING STARTED
Pick a songwriting Performing Rights Organization and register
– ASCAP, BMI or SESAC
If you’re a songwriter or publisher with a song copyright, you’re
entitled to collect royalties from public performances of your musical
compositions (for instance, the royalties that you are entitled to
receive when the songs you wrote are played on the radio). ASCAP,
BMI and SESAC take care of this kind of licensing, collect fees from
them and pay them to you. They all cover the same copyright, so
you only need to affiliate with one. Research and meet with them if
you can to see which might be best for you.
v If you have someone you co-write with regularly, you may want to
sign up different places as a sort of checks & balances.
7. 7
Music Publishing
GETTING STARTED
Register with SoundExchange
If you performed on and/or own the masters of a sound recording,
you can collect royalties from anyone who streams that track digitally
(webcasters, satellite or Internet radio, etc). SoundExchange is the
only organization designated by the US government to collect and
distribute these royalties, so register now to claim your money.
8. 8
Music Publishing
GETTING STARTED
Arrange for Distribution of MUSIC
Set up an account for digital distribution with an aggregator like
IODA, INgrooves, TuneCore, The Orchard or similar companies
which allow you to make your music available to the public for digital
downloading at popular sites like iTunes, Amazon and others. Be
sure to properly enter all metadata accurately during this process
since it will propagate everywhere after that. Understand the
obligations, splits and commitments you make by entering into an
agreement so that you know how it may limit other opportunities.
Try to be everywhere that makes sense for your music and fanbase.
v Don’t ignore DIY through Bandcamp, Noisetrade or other
options.
v How can you make $ if you give it away for FREE?
v Should you give everything away?
9. 9
Music Publishing
GETTING STARTED
Arrange for Distribution of MERCHANDISE
Don’t forget that you may need/want to use a professional
company to do your merch. There are two things you need:
v Sales and e-Commerce
v Fulfillment
Options include:
v Websites that do all of the front end and let you handle the
fulfillment
v Services that that do it all
v Services that just do the fulfillment
v Going almost full DIY and using PayPal or other shopping
cart/e-commerce solution to handle the $ and doing the rest by
yourself.
v Print/Manufacture to order services (Zazzle, CafePress)
10. 10
Music Publishing
GETTING STARTED
Embed metadata about each track into each digital file
If a music service opens your file or pops in your CD, and sees ‘Track
1’ and ‘Artist Unknown,’ you could miss out on royalties. While
services and webcasters are supposed to report all the tracks they
play, they’re busy, and you need to make it as easy as possible.
Many millions of dollars have been earmarked for “promo only,” “self-
released” and “artist unknown.” Include, at the very least, the artist or
group name, copyright holder or label name, and track and album
titles, and the ISRC number, if available. Most mastering software
includes the ability to embed this data, and online services are
available.
11. 11
Music Publishing
GETTING STARTED
Buy/register your website address and social network domains
Start your online marketing and fan building by registering and
creating your domain names. It’s common practice for vendors to
buy up domains in hopes they’ll be able to jack up the price to sell
them back to you when you need them, so pin down the names as
soon as you can. Also, create your band’s official profiles on the
various popular social networking and sharing sites such as
Facebook, Twitter, Instagram, Snapchat and YouTube.
Build your web presence
Use your site and social network profiles to sell merchandise,
display a photo gallery, and dispense news updates and tour
events. Keep the information fresh and interesting. Cross-link and
expand your social network communications to drive fans to your
website. Consider periodic email or other mass-blasts to keep your
audience informed. Be authentic and consistent.
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Music Publishing
GETTING STARTED
Online Video
A lot of musicians do this well, but others don’t. Whether you are in the
studio, recording, on tour, or just fucking around — turn it into video.
Find a friend or someone in your band who can do edit video footage
and put it on YouTube! Remember to make sure it looks incredible
because you don’t know who is going to see it. Don’t use video with 3
people in the audience, and don’t use shitty quality video — this is
your brand!
Also, make sure to also upload all your full-length songs onto YouTube
with album covers as the “video” footage — seriously, you need to be
on YouTube! To put it in perspective: YouTube gets far more traffic than
all other music sites on the web combined!
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Music Publishing
GETTING STARTED
Touring or Booking Agent
If you want to make it in today’s industry, you have to tour! Your
best bet is to find an incredible booking agent, and have them get
you on as many tours as possible. Accept as many tours as you
possibly can — and make sure you have albums, shirts, and
creative merch items. Most of the time you will have to book
yourself or have a friend do it. Opinions vary on if you should act
as your own agent or create an “agent” for that purpose. #1 thing
– Listen to the talent buyers and do as they request. (It’s not a
request!)
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Music Publishing
GETTING STARTED
Publicity
Most of the things above are things you can DIY as a band and figure
out on your most.
But the two things you must have at some point is a booking agent
and a great publicist. It is important that you have someone that
understands design elements, has connections to all the blogs and
media sites, and will work their ass off to get you interviews and
press. A great publicist will know how to get you exposure! You can
and will do much of it yourself. You are your greatest fan anyhow…
or I hope so.
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Music Publishing
GETTING STARTED
Check out organizations and associations which may benefit you
There are lots of groups out there doing great things for musicians. Not all of
them will be right for you, but a few of them may be. Consider unions like the
American Federation of Musicians (AFM) and the Screen Actors Guild /
American Federation of Television and Radio Artists, (SAG-AFTRA) which
represent a wide variety of musicians and performers, at all stages in their
careers. Check out what groups like The Recording Academy (NARAS /
THE GRAMMYS) and musicFIRST are doing to protect your work. There are
also payment funds, including the Alliance of Artists and Recording
Companies and the AFM & AFTRA Intellectual Property Rights Distribution
Fund, which may have funds to offer for certain kinds of work you’ve done.
You may have a local Lawyers for the Arts organization giving free or
discount legal advice.
You may want or need to contact Musicares, Musicians Health Alliance,
Health Alliance for Austin Musicians, etc. and utilize their assistance and
services. Many regional and local organizations are also available, and many
of these groups offer member benefits and discounts on services you may
use. Educate yourself about all the associations which may be open to you,
and find out what choices can help you advance your career.
16. 16
Music Publishing
GETTING STARTED
Attend Conferences and Workshops
Many professional organizations have annual or regular events and
opportunities to network, learn and otherwise be a part of the music
business. Don’t miss out on these. Don’t be afraid to travel to one
or more. Be prepared to sell yourself and you brand when you do
attend. Don’t let high costs give you concern. Most of these events
offer a discount to students or musicians. If not, offer to volunteer!
You will likely meet even more people and enjoy yourself even
more.
17. 17
Music Publishing
GETTING STARTED
Get health, equipment, touring and other insurance as soon as
you can afford it.
When you’re on the road or at gigs, equipment can disappear, so
find affordable but adequate insurance. In addition to private
companies, some labor unions and organizations, offer health
plans, but do your research to find the right plan for you.
18. 18
Music Publishing
GETTING STARTED
Work your A$$ off, Create great music, Enjoy what you do!
There is no substitute for creative productivity. This is what artists
do.
Do at least ONE thing every day in the effort to move your career
forward. Just ONE thing at a minimum. Write it down in a journal
or calendar. Look back on it periodically and see if you are
accomplishing what you set out to do and what is contributing to
that.
Create often and let your audience know what you’ve been up to.
It’ll take a lot of work, but if you are not willing to do it, someone
else is and they will pass you by. Really. I’m not kidding.