MusicIsMyBiz

I’ve been teaching a series of seminars and classes on taking your church’s music and media ministry to the next level.  We start off by focusing on “keeping it legal” by acknowledging and respecting the intellectual property rights of others.  This morning on the WalletPop blog, there’s an article of a teen named Lauren McCluskey, along with another girl with Mc in her surname, who raised $30,000 for the Special Olympics with a charity concert series they called the McFest.  McDonalds claimed it was infringement of their “Mc” trademark.  In the December issue of Recording Magazine, another teen was sued by four record labels for illegally downloading and sharing 24 songs.  The verdict after two trials?  Punitive damages of 1.93 MILLION dollars.  It seems like every time I pick up a magazine or turn on the computer, there’s an article dealing with an infringement case.  It just serves to further remind us that INTELLECTUAL PROPERTY RIGHTS ARE A BIG DEAL!

If you’re a songwriter, performer, or artist, those rights are a big deal to you, too.  It’s how you make a living.  (See our previous posts on How to Get Paid for your Music and How to Start your Own MusicPublishing Company.)  If you’re a venue, church, or broadcaster, they’re also a big deal for you, as well.  Understanding the rights of others, in addition to your responsibilities pertaining to those rights, ensures that you don’t get sued (if you abide by them).

The law allows Intellectual Property owners certain EXCLUSIVE rights:

1. To reproduce the works
2. To create derivative works
3. To distribute the works
4. To perform the works
5. To display the works

No one else can do those things (well, legally, anyway).  So, then, how does a potential music user get permission to do any of those things?  Licensing. You must purchase a license in order to use the music of someone else for any reason.  Each potential use requires a specific license.

• To have music at your venue, club, or restaurant, you need a Performance License from a Performing Rights Organization (PRO) such as ASCAP, BMI, or SESAC.
• To broadcast music on television, radio, or the internet, you also need a Performance License from a PRO.
• To use music in a church worship setting, copy music, or display music/lyrics, you need a CCLI license from Christian Copyright License International.
• To record someone else’s music onto a CD, for example a compilation, you need a Mechanical License, which can generally be obtained through the Harry Fox Agency and a Master Use License.
• To record your performance of someone else’s music, for example a CD of cover tunes, you must also have a Mechanical License, but not a Master Use License.
• To use someone else’s music on a video for broadcast, you would need a Broadcast License, a Synchronization License and a Master Use License.  If it then goes on a CD or DVD for sale, you must add a Mechanical License.

Keep in mind that when you buy a CD, the ONLY thing you own is the little plastic disc and a License to listen to the music.  You in no way own the music.  You cannot copy, perform or distribute any of that music.  Period.  Well, unless you buy a license.

Comments?  Questions?  Keep ‘em comin!

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In yesterday’s post, Creative Ways to Make a Living with Music (Part 1), we discussed a few ways to earn a living from music.  We touched on the following topics:

• Teaching private lessons
• Being a recording session musician
• Being a music copyist

Today, we’re going to dig a little deeper with more options for savvy musicians who don’t necessarily want to tour and gig.  Let’s move on to Part Two of Creative Ways to Make a Living with Music!

Production Music/Licensing

I’m sure more than a few of you can relate to this scenario.  You produce a CD.  You call up Discmakers and have 1000 copies pressed.  It’s now five years later and you’ve stopped performing.  You have 812 CDs sitting in your garage.  Strike a chord with anyone?  Been there.

Chin up; there’s hope!  You can still earn money on your music even though you’re not actively selling CDs.  Your music may be usable in film and television, and it’s easier than you might think.  Television shows and films are constantly looking for music to fit different scenarios, for instance, source music (music coming from a source in the story)–a car radio, a bar band, a jukebox.  That music has to come from somewhere.  It may as well be you.  Placements can generate thousands of dollars in up-front monies.  Better still, you get paid a little every time the show is broadcast.  Those payments can really add up! 

Perhaps you’ve been told you’re “too old for a record deal,” or that your music “sounds too dated”.  With music licensing, no problem!  Some of the more frequently used pieces of music are often the ones that sound distinct to a given time period.

Production music libraries are a source for various types of music.  Your music may fit into one of their categories.  If so, and you’re able to get connected, they will essentially act as a publisher, actively seeking opportunities for your music.  The ins and outs of this topic are too vast to go into great detail in this particular post.  Check out www.taxi.com for a great way to get started.  (If you sign up, make sure to tell them Clay Butler referred you!)  Also, see my book recommendations below for more information on the topic.

Also, if you have a considerable amount of recorded music, you can start your own production music library.  By offering your music to local video production house and photographers at a reasonable price, you may be a valuable resource for their videos, presentations, and slideshows.  See how I license music on my site.  While the ins and outs of music publishing and licensing is a bit too in-depth for this particular post, here are some great books that deal with the topic in great detail:

Jingle Composer

This ain’t your momma’s classic Roto-Rooter jingle market anymore.  Today’s jingles are as fresh and relevant as the music on the radio.  Think of a jingle as a 30-second pop song.  Just like the main objective of a hit songwriter, jingles are designed to stick in the heads of listeners.  If you can write a memorable melody with a catchy lyric that sums up a product or company, then the jingle market may be for you.  You can hire outside talent to perform the parts, or, if you’re a studio savvy multi-instrumentalist, you may be able to perform them yourself one-man-band style.

Jingle Singer

If you’re not into writing music, then promoting yourself as a session vocalist or jingle singer can provide great extra income if you’re a singer.  I’ve made a considerable amount of supplemental income from being a jingle singer on projects all over the country, and it’s a blast!  Part of the fun is the challenge involved.  One session might be a country session, the next jazz, and the next rock.  But the real icing on the cake is that it’s usually quick work.  You usually only have to sing anywhere from eight seconds to sixty seconds worth of material (excluding double tracks and harmony parts).  On average, after I receive the backing track from the producer, I can have the tracks sung and the files in his email inbox in a half hour.  The money goes in my PayPal account or a check goes in the mail.

Part of the success of being a jingle singer comes from having access to a recording studio.  But, setting yourself up for jingle singing doesn’t take a lot of equipment and expense.  A decent microphone, an audio interface, and a laptop are sometimes all you need.  Couple that with some modest acoustic treatment (a couple of thick blankets in the corner), and you could have all you need to get started.  The real necessity, however, is that the tracks are clean (free of extraneous noise) and are recorded at a decent level.  Usually your jingle producer will handle the compression and EQ.

Here’s a great USB studio microphone/audio interface–an excellent tool used with our free recording software options from the last post:

Producing Other Bands

Nowadays, anyone with a computer and a CD burner can crank out their own CD.  That, however, doesn’t always mean that their music couldn’t benefit from some outside help.  If you’re solid at arranging parts for your own band, then you may be able to produce for other bands.  Again, you will need access to a recording studio, but as we mentioned earlier, most computers now have the capability to record decent quality music.  Some even come with music software already installed, like Apple’s Garage Band.

Producing takes some knowledge of music theory, coupled with the knowledge of how to arrange parts so they don’t compete with each other.  This happens before the recording begins by arranging each instrument to play in its own register (or octave).  Parts are written to complement each other.  After they’re recorded, competition is further eliminated with EQ and panning.  Combine that with some contrast between the verses and choruses by changing the dynamics, rhythm, and density of the parts.

Aside from the musical aspects, there are other responsibilities as well.  A producer is usually organized (which is usually the antithesis of a musician, but who am I to judge?), can plan ahead, has attention to detail, and can work well with people.  Although this is a very basic description, if you have the musical know-how, people skills, and the organization, then you may have what it takes to be an independent producer, even on a small scale.

Here are a couple of great books I recommend on becoming a producer:

Now go make a living doing what you love!

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