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SADON - MILLION DOLLA $WAG HOST BY DJ G-MONEY DOWNLOAD NOW 4 FREE

2009-08-26T09:21:00.001-07:00

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SADON - THA BLACC SON OF SAM MIXTAPE: DOWNLOAD NOW 4 FREE

2009-07-09T21:57:00.000-07:00

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Does today's music have a negative influence on our youth???

2009-07-09T18:44:00.000-07:00

Does today's music have a negative influence on our youth.

I thought about this when I was in high school and the Columbine shootings occurred. The media, adults and many other people where trying to blame the music the shooters listened to. They said that if they listened to something else they would have never gotten the idea to shoot up their school. Therefore I thought this would be a great topic to research. I mainly focused on the influence of rap music on today’s youth.

So does the music of today negatively influence our youth? Is it only an artist’s way of expressing their emotions? Do theses songs tell the stories of what really happens in the real world? My answer would have to be yes. The artist’s of today are simply warning people of how violent the streets are. They take a stand against racism, bigotry, and stereotypes. These artists are simply stating life as they live it. Today’s music itself is not different from the music of yesterday; the artists of this age are not afraid to express themselves like the artist’s from before. In these times, the world has become more violent, thus, the music has become more violent.

When Elvis Presley was shaking his hips in the 50’s and 60’s there was a major problem. Adults where trying to ban him from playing in their amphitheaters as well as on the television. In those days expressing your self sexually was a major issue. The public tried to ban all things that dealt with sexuality. In today’s music it is violence. Music moves with the times; it does not stay the same forever.

“Rap music is just telling about their way of life and how they live,” says Natheer Kareme in the article “Raps message is their Medium” he continues by saying, “I do not believe that violent lyrics cause young people to behave violently, violence does” (Stepp, 23). Some people live this sheltered life where they do not know what is really going on in the world. They do not comprehend that bad things are happening all around them. Therefore, the artists feel like it is their place to inform the public of the injustice of these crimes in the ghettos and major cities of America. “Hardcore, cutting edge lyrics are newsreels of the inner city depicting ghetto realities in ways heretofore have gone unreported” said Chuck D and Ice Cube in interview from “Taking the Rap: Where to draw the line?” Many people do not know the harsh realities of streets; therefore, artists bring actions to the public by rapping and singing. Don Eversley said, in “Rock and Responsibilty”, “I don’t think songs necessarily teach people anything in three minutes, but they certainly raise issues and get people to think” (Hughley, D2).

“Hip-Hop superstar Eminem raps chillingly realistic scenes of graphic violence but says fans should not take it seriously” (Nagourney, 12). A lot of the rhymes are just for laughs. Anyone with common sense should know when Eminem is just “clowning” (as he says it) or when he is being serious. When he says “All you boy, girl groups make me sick I can’t wait until I catch all you faggots in public Imma love it…” in his song titled “Marshall Mathers.” Most know that he is “clowning” because he has had plenty of chances to “get” those boy and girl groups in public plenty of times and never has. It is mostly a lot of talk. However, some of Eminem’s lyrics do carry some truth. In the song “The Way I am” he says “When a dudes getting bullied and shoots up your school and they blame it on Marilyn and the herion-where were the parents at?” The media and the public should not blame the music industry for the jobs that parents are not fulfilling. They need to find out what is going on in their child’s life and try to help instead of sitting around letting their children run free. Eminem goes on to say “And look where it’s at, middle America now it’s a tragedy, now it’s so sad to see an upper-class city having this happening.” The columbine shootings where not the first school shootings and will not be the last. This has been happening for years in inner city schools, but no one has noticed because these kids are considered bad anyway. Maybe the violent acts did not make national headlines because those involved were poor, or because of their race. However, when an upper class, mainly white school gets shot up, people blame the incident on the music the teenagers listen to. Clearly the blame should be on the parents and school staff for ignoring the troubled teens. The parents have a responsibility of overseeing what is being CD’s are being bought by their teens as well as having guns available for them to use. Where did the guns come from? Eminem, Marilyn Manson, or some other musician; did they go hand them out and force them to pull the trigger? No, the children had to get the weapon from somewhere and it was most likely from their parent’s collection, which was most likely not locked up and was easily accessed by the teens. President Bush said, “that the entertainment industry needs to police itself better, but the responsibility for keeping objectionable materials out of the hands of children lies with parents not government” (Nagourney, 13).

Rap music speaks to the people and carries a message no matter the topic. It could be about racism, politics, poverty, disruption or I want to party. In Tupac Shakur’s song “Changes’ he raps about society and how things need to change. In one line he says, “Cops give a damn about a negro pull the trigger kill a nigga he's a hero.” Racism is still a major issue in today’s society. It is not because of the artists who sing about it; it is because people are resistant to change. These artists are merely bringing these issues to the surface so that they will be known. As Tupac says in the song,

"I see no changes all I see is racist faces misplaced hate makes disgrace to races we under I wonder what it takes to make this one better place…and still I see no changes can't a brother get a little peace it's war on the streets & the war in the Middle East instead of war on poverty they got a war on drugs so the police can bother me and I ain't never did a crime I ain't have to do."

Racism is not an issue that is taught to teens through music. Racism has been around since man can remember. For example, Adolf Hitler was a racist and we all know that he did not listen to rap music. The KKK is another intensely racist group. What type of music influenced their bigotry? The media cannot blame the music industry for society’s prejudices.

Music has always been controversial. From Elvis Presley and little Richard to Eminem and Tupac, society has always found something in music objectionable. As long as the world stays violent and controversial the music industry will take notice and report and the problems we are facing. The music industry will always be criticized for some of its lyrical content, however, the content of the music is not the problem. The issues that caused these lyrics to be written is what the real problem is.

Can Musicians Allow Their Music to be Used to Sell Stuff, Without Selling Out?

2009-06-27T22:07:00.000-07:00

Advice for Working in the Music Business

2009-06-27T22:04:00.000-07:00

What message does the underground scene have that commercialized hip-hop does not?

2009-06-12T09:15:00.000-07:00

The message is not always stated for you in the music. Three things that true hip-hop has over the radio rotation are creativity, originality, and experimentation, which could all mean the same thing to hip-hop fans. Still, there is a message passed down from the godfathers of hip-hop and that is: To earn respect, skills on the mic must be shown. The ability to rock a crowd with sheer lyricism, explaining why you are doper than the other man, and having a Dj who could support you with dope beats were essentials in old school hip-hop and still are in the underground scene.

Underground hip-hop is filled with groups such as The Pharcyde, The Roots, Jigmastas, and Jurassic 5 who use live instruments to not only enhance their lyrical talents, but also to give audiences a great show. All four of these groups are dedicated to preserving hip-hop culture. Emcees battle to prove they are iller, Djs do the same thing, and breakers, break dancers, poppers, whatever you want to call them, continue the tradition of mixing their dance art form of popping, locking and spinning using the music to help create different techniques.

What has been great for the underground scene is its ability to sell more records now, and that is by and large due to the increase of smaller, independent record labels(see chapter 1). Labels such as Rawkus, Fondle ‘Em, Stones Throw, Goodvibe, ABB Records, and others can compete with majors like Bad Boy and Def Jam now because they are backed by people who have money and want to see hip-hop culture survive

Is hip hop really dead? If so what killed it?

2009-06-04T10:24:00.000-07:00

Who is to blame you might ask? The answer would be All of us. Everyone who has accepted what is now considered good music by hip hop’s standards has participated in the murder of hip hop. We all have fallen into that warped society that creates drama and controversy over everything. I asked myself who do I listen to the most these days, and I found that I am just as guilty as all of you. I looked at my most played music on itunes found B.G., Jeezy, Swisha House, T.I., and a host of others who I really would not consider lyricist. These current big names just would not hold up amongst hip hop’s all time elite.

I took time to myself, re-evaluating what hip hop meant to me and what it should mean to a plethora of others. I dug deep into my collection, resurfacing some of the classics in order to find what changed to make hip hop what it is today. In my opinion, street credibility is main culprit for the decline in hip hop quality. The turning point was When it became more important to be a drug dealer and a gangster than to actually have lyrical talent.

In doing my research, I found that I had been criticizing rappers for all the wrong reasons. I have largely been one of the leaders on this website who criticized rappers for not keeping it real or not living their lives as they do in their music. Yes one should be honest and keep in touch with where one came from, but it should not be the determining factor of the rappers worth.

The premium placed on street credibility is what has brought the game to where it is today. Yes there were gangster rappers in the 80s and 90s, however they were not given a pass based upon their lives prior to their music. Case in point, Young Jeezy and B.G. get, without a shadow of a doubt, more credit then they deserve as hip hop artist because of how the relate to the “Street Life”.

One can not argue that hip hop has lost its original form. Today, rap generates more money then ever imagined. Rappers are CEOs of clothing labels, alcohol distribution companies, record labels, and an abundance of other ventures that generates millions. When hip hop was in its most purest and most original form, the business aspect was not nearly as complex and profitable as it is today. So when you consider the profit margin, the street credibility, and the ever lasting economic struggles in urban communities in relation with the subject of distribution of narcotics on wax, you must admit that hip hop has taken a turn for the worst. I like to look at it like hip hop died and rap was born. Hip hop is about true lyrical substance and telling a story in reality. Rap always seems to have a gimmick or something else to take away from the ability to spit HOT FIYAH!(JOKESTA).

In closing, if hip hop has died then we are all to blame for it, because last I checked, Young Jeezy, B.G., T.I., Lil Wayne all have went platinum.

For the record, I am a huge fan of T.I., Jeezy, and B.G. I just have come to the realization that they are not the artist that hip hop had in mind as some of it’s most popular providers of that sound we all crave.

Take this food for thought before you comment!

MY MUSIC THOUGHTS

2009-06-03T12:34:00.000-07:00

To hell with reality! I want to die in music, not in reason or in prose. People don't deserve the restraint we show by not going into delirium in front of them. To hell with them!

I think that music has an endless life.
Improvised music involves a lot of intuition and I like developing intuition.
When I hear music, I fear no danger. I am invulnerable. I see no foe. I am related to the earliest times, and to the latest.
My intention here is to make it clear that not a single cell of my composition, here in regard to The Raven, is found by chance or intuition, that the composition moved towards perfection with the precision and inevitability of a mathematical equation.

IS MAKING MUSIC A HOBBY TO YOU OR BUSINESS?

2009-06-03T12:14:00.000-07:00

First you need to figure out if making music is your hobby or your business.That is, do you do it for pleasure, or to make a living? If it's a business, you can probably deduct the cost of your equipment and other expenses and fees on your tax return. If it's a hobby, you can only deduct only up to the amount of income you earned from the hobby. Intuit offers expert advice on their website, with several sections dealing with common questions about the hobby/business differentiation.

Sections include "What you need to know about turning a hobby into a business," "How do I convince the IRS that I'm serious about my business?" "What can I do if my business is audited?" and "What if my business really is a hobby? Can I write off my expenses?"

What if it's more than a hobby, but you're not in it for a profit (and haven't made a profit)? See this page from the New York State Society of Certified Public Accountants, particularly the section about 3/4 the way down the page, entitled ACTIVITIES NOT ENGAGED IN FOR PROFIT. (Keep in mind that this site was created for people who are accountants, not for those of us that need accountants.)

What are the main deal points in a recording agreement?

2009-06-03T12:08:00.000-07:00

What are the main deal points in a recording agreement?

If an exclusive recording agreement is being proposed, there are certain key issues that should be addressed and negotiated, if possible. As in all music-related agreements, all provisions are negotiable, but largely dependent on your clout. The following are the most important:

(1) Term: "Term" is the length the recording artist is required to provide personal service contract. The artist should watch out for the "open-ended" term provisions, which allows record companies to define a "year" as "8 months after delivery of the minimum recording obligation, whichever is later" or similar language. The artists should attempt to limit the initial fixed term to 12 (not 18) months.

(2) Artist's Recording Commitment: This is the provision specifying how long an artist must exclusively record for a certain record label. It obligates the artist to record and deliver a certain number of masters to the record company. If a long term and substantial albums are sought by the record company, the artist with sufficient clout should ask for "promotional" provisions, such as guaranteed release, promotional budget, advertising, support, publicity, and/or video. The artist should also try to limit the delivery commitment to one or two albums per five-year term. If the artist cannot limit the recording commitment to a comfortable number, ask the record company for broad and favorable "suspension" terms.

(3) Record Companies Commitments: The artists should ask for a "guaranteed" release clause, defining "recording" to include "releasing." The artists should also avoid "minimum commitment" language.

(4) Delivery: "Delivery" of a master recording at certain times is required of the recording artist by every recording contract. Failure to deliver product on time may prevent the record company from timely manufacturing and selling records. This may affect the artist in a number of ways, including extending options dates, expirations dates, and payments of advances.

(5) Suspension and Extension: These clauses are usually triggered by some failure of the artist to record or the artist committing an immoral act. Generally, care should taken by the artist to avoid automatic "suspension" clauses for non-delivery or late product. Instead, request that the suspension applies only if the non-delivery was the failure of the artist and/or that it is excused if the record company bars the artist from recording.

(6) Injunction and Equitable Relief: Record companies try to prevent the artist’s breach of a recording contract by restraining the artist from recording elsewhere. They do this by inserting a clause stating the artist's personal services are "unique" and "special" and exclusive to the record company. Recording agreements with this language entitles the record company to injunctive and other equitable relief. The artist should limit this to provide that the record company is only entitled to "seek" injunctive or other equitable relief.

(7) Royalties: The "base royalty rate" is the gross or starting royalty for "regular full-price sales". It is negotiable, and varies from artist to artist. Generally, it may range from 5% to 10% for a new unknown artist, to 15% for a hot new artist in a bidding war, or up to 18% for a seasoned recording artist. The base royalty rate is usually severely reduced by various other royalty provisions and definitions.

The packaging deduction is another common provision. Record companies usually deduct what is known as a "container charge", "packaging deduction" or "jacket charge." This is the single largest reduction of the base royalty percentage and is usually non-negotiable.

An artist may also rarely avoid a "free goods" clause; this allows the record company to give away free CDs and tapes to radio and retailers for promotional purposes that can result in as much as a 15% reduction on the base royalty rate.

Royalties from the sale of CD’s are often computed by many record companies on the basis of less than 100% of the sales. For example, royalties for CD’s are commonly calculated on the basis of only 85%, or even as low as 75% of sales. Try to avoid this historical practice. There is really no justification today for this reduction since the price of making CD’s is negligible compared to other formats.

Record club royalties are usually reduced by 50%, and are further calculated on the basis only 85% of sales. The right artist with sufficient clout may be able to ask for 100% sales on record club royalties, and should also place limits of freebies.

There are reductions for foreign royalties. For example, because of extra costs involved with over seas distribution, the royalty on foreign sales of records is usually reduced to one half (½) of the normal domestic rate.

And, if possible, try to insert a provision that accounts for countries with blocked currency or funds. Some countries require royalties remain in their countries or at least be spent in their country. To be protected against these blocked royalties, the artist should negotiate a clause that requires the deposit of these blocked royalties in the name of the artist.

(8) Controlled Compostition Clause: Mechanical royalties are paid by the record company to the artist based on US sales of records. Under copyright law, there is a statutory minimum. However, under the so-called "controlled composition clause", or "reduced rate, " a record company usually gets the artist to take a negotiated or reduced mechanical license rate. There are several types of reductions in your statutory rate.

A. The rate is reduced by percentage; instead of 100% of the statutory US rate. The mechanical rate is commonly 75% of the minimum statutory rate, as of one of the following dates:

(1) commencement of recording;

(2) date of delivery;

(3) date of initial release; or

(4) date of sale.

Obviously, the latter date is more advantageous to an artist, as the statutory rate may go up from the date of recording to the date of sale.

B. The rate is reduced further to a certain number of songs. Thus, the "rate" is usually limited to 10 to 11 songs per record, even though you may have 15 songs on the album.

C. The reduced "x 10 min stat" rate is also further reduced depending on the configuration (format). Thus, a typical reduced mechanical license rate would be: 10 songs x 75% rate on LP’s, 5 songs x 75% on EP’s, and 2 songs x 75% rate on singles.

D. Mechanicals are payable only on records for which record royalties are payable, which usually means no payment on "free goods" and promotional copies.

E. There is usually a further reduced rate for secondary markets, such as for record clubs sales, budget lines, and sometimes mid-priced records. And, there may also be special treatment for multi-record packages. There is also a special rule regarding "Greatest Hits" or other re-releases.

(9) Advances: Royalty "advances" are basically pre-payments of estimated royalties. They are non-refundable but recoupable, meaning they can be paid back to the record company from artist’s earnings only. They come in different forms, the obvious being an advance payable upon execution of an exclusive recording agreement.

(10) Reserves: Currently, most record companies limit returns to 20% to 22% of records shipped. Because record companies do not know how many records will be returned by retailers, they compute mechanical royalties based on net sales "less returns" so as to avoid any overpayment of royalties. They maintain what is known as a "reserve" against future returns. The reserves is a percentage of gross sales of a record. These reserves may range from 30% to 75%. Since most record companies are not going to accept more than a 22% return privilege from retailers, the artist should try to limit these to "reasonable" reserves, not to exceed a certain percentage (e.g., 20% to 25%), and include a specific liquidation clause ensuring full payment after a certain period of time (e.g., within three or four accounting periods.).

(11) Cross-collateralization: This clause should definitely be avoided. A cross-collateralization clause compromises the song writer's otherwise independent royalty income. Under this clause, the record company is allowed to recoup mechanical royalty advances from sources other than from the actual sales of the record in question. For example, if an artist owes the record company for unrecouped mechanical royalties from LP1, the record company can use sales from LP2 or even publishing income to get paid. This obviously substantially reduces and sometimes eliminates the likelihood that the artist will receive any royalties. This clause is never called by its name. It is usually recognizable by the term, "all agreements between artist and record company heretofore or hereafter entered into shall be deemed to be one accounting unit." Always try to get these clauses removed from the recording contract.

(12) Accounting: This is the provision that tells the artist when he/she gets paid. Record companies usually pay semi-annually (e.g. a specified number of days after June 30 and December 31). Others account on a quarterly basis, every three months.

(13) Audit: An audit provision allows the artist to contest and investigate a royalty dispute by looking at the record company’s books. Most audit provisions limit the audit period to and require the artist to actually pay for and use only a certified public accountant. In order to deter vexatious or litigious artist, many record companies also place restrictions on how may audits can take place in a give time period. Some agreements also exclude manufacturing records from the audit. The artist should try to include a provision whereby the cost of the audit is paid for by the record company if the audits reveals a substantial underpayment of royalties (e.g. a minimum of a 10% variance.) There is usually an express limitation on the period the artists may object to or question a particular accounting statement. The time to object will vary from 90 days to 3 years or more.

Whenever possible, a qualified music lawyer should be consulted before any recording agreement is signed. With the right counsel and bargaining power, you should be able to land better deals.

What are the major types of publishing agreements out there?

2009-06-03T10:19:00.001-07:00

The seven (7) basic music publishing contracts are:

(1) Single Song Agreement: A single song deal is an agreement between the writer and the music publisher in which the writer grants certain rights to a publisher for one or more songs. In single song deals, the writer is paid a one-time recoupable advance.

(2) Exclusive Song Writer Agreement ("ESWA"): Under the ESWA or "staff writer" contract, the song writer generally grants all of the publisher’s share of the income to the music publisher. The writer’s services are exclusive to the music publishers for a specified period of time. Thus, any compositions written within that period belong to the music publisher. These deals are usually offered to writers with some degree of success. Because the writer has a track record of writing hits, the publisher feels confident that it will recoup its investment. In return for signing away exclusive rights to some or all the writer’s songs, the writer gets paid by the publisher a negotiated advance against future royalties. The advance amount naturally depends on the writer’s bargaining power and on the competition in marketplace, if any. Under a staff writer deal, the writer is paid on a weekly or quarterly basis. An ESWA can be either tied to a record contract, or independent of a record contract.

(3) Co-publishing Agreement ("Co-pub"): The co-publishing ("co-pub") deal is perhaps the most common publishing agreement. Under this deal, the songwriter and the music publisher are "co-owners" of the copyrights in the musical compositions. The writer becomes the "co-publisher" (i.e. co-owner) with the music publisher based on an agreed split of the royalties. The song writer assigns an agreed percentage to the publisher, usually (but not always), a 50/50 split. Thus, the writer conveys ½ of the publisher's share to the publisher, but retains all of writer’s share. In a typical "75/25 co-pub deal," the writer gets 100% of the song writer’s share, and 50% of the publisher’s share, or 75% of the entire copyrights, with the remaining 25% going to the publisher. Thus, when royalties are due and payable, the writer/co-publisher will receive 75% of the income, while the publisher will retain 25%.

(4) Administration Agreement ("Admin"): An administrative agreement takes place between a songwriter/publisher and an independent administrator, or between a writer/publisher and another music publisher. In an "admin deal," the songwriter self-publishes and merely licenses songs to the music publisher for a term of years and for an agreed royalty split. Under this agreement, the music publisher simply administers and exploits the copyrights for another publisher/copyright owner. Only the most popular song writers can even consider asking for an admin deal. Under this coveted arrangement, ownership of the copyright is usually not transferred to the administrator. Instead, the music publisher gets 10-20% of the gross royalties received from administering and exploiting the songs for a certain period of time and for a certain territory.

(5) Collection Agreement: A collection agreement is like an admin deal where the writer retains the copyrights, except that the publisher does not perform exploitation functions; like an accountant or business manager, it merely collects and disburses available royalty income.

(6) Sub-publishing Agreement: These are basically music publishing deals in foreign territories between a US publisher and a publisher in a foreign territory. They are like admin or collection deals (with no ownership of the copyrights being transferred to the subpublisher), but limited to one or more countries outside the US. Under this publishing deal, the publisher allows the subpublisher to act on its behalf in certain foreign territories. Often, they are limited to a group of countries, such as European Union (EU), GAS (Germany, Austria, Switzerland), Latin America, etc.

(7) Purchase Agreement: Under this agreement, one music publisher acquires in whole or in part the catalouge of another music publisher, sort of like a merger of companies. In this case, a "due diligence" investigation is done to determine the value of the catalogue.

What is a publishing agreement?

2009-06-03T10:15:00.000-07:00

A "music publishing agreement" is a copyright contact that a song writer signs with a music publishing company. Per this publishing agreement, a publisher is assigned certain designated copyrights . In accordance with the terms of the publishing deal, a music publisher basically "owns" or "rents" some (or all) of your songs for a certain period time and in a certain territory, administrating and exploiting your musical product as much as possible in order to generate more income for you and them. A music publisher agreement seeks to either assign or license certain songs to a music publisher to either own and/or administrate for a designated time and in a specified territory. Thus, a music publishing agreement is an agreement between a songwriter (who owns the copyright in songs) and the music publisher (which seeks to own or administrate the songs.)

Are there different types of music publishers?

2009-06-03T10:14:00.000-07:00

As with record companies, music publishing companies vary in size and structure. There are "majors", "mini-majors", and "independents." The majors include multinational companies like Warner/Chappel Music, Sony, EMI, MCA Music, etc. The mini-majors are publishers like Famous, etc. The indies are smaller companies that are individually owed and operated. Major music publishing houses have several departments that each help the company acquire and exploit songs, just like the major record labels.

What is a music publisher

2009-06-03T10:12:00.000-07:00

A music publisher is your royalty collector and your copyright administrator. A publisher exploits your copyrights and collects and pays all your royalties (except for performance income). It does this by obtaining ownership and administrative rights to some or all of your copyrights. Thus, a music publisher is basically a company that takes care of your music business, allowing you (the song writer/artist) to concentrate on your creative aspirations and goals. The artist’s strength generally lie in the creative domain, and the publisher’s specializes is administrating your catalouge, collecting royalty monies, plugging your songs, making copyright deals and paying you your royalties from all sources of income.

Can I copyright my music?

2009-06-03T05:56:00.000-07:00

As the name implies, a "copyright" is a song writer’s exclusive right to copy his or her creative music work, with certain exceptions and for a certain period of time. A copyright basically gives the song writer a limited monopoly over their musical works. Thus, it protects the original author of a musical composition from having his work copied for a limited duration.

If the song writer is also a recording artist, there are two distinct copyrights; one in the composition (song), and one in the sound recording (record). Thus, the song writer and recording artist of a musical work is the exclusive 100% copyright owner of both the underlying composition (the song) and of the sound recording (the record).

What is music law??????

2009-06-03T05:54:00.000-07:00

The term "Music law" is essentially a sub-species of what is known more generally as "Entertainment Law". Entertainment law is the body of law and legal principles that have developed and evolved in the course of conducting the businesses which are known as branches of the "entertainment industry." Much of entertainment law falls into two main groups:

Litigation: the law of intellectual property consisting of copyright law, trademark law, trade secrets, libel and slander (defamation), and the right of privacy and publicity; and

Transaction: laws pertaining to business organizations and commercial transactions including the body of law relevant to contracts, partnership, tax, corporations, securities, labor and international law.

The principal branches in the entertainment industry are, Music, Publishing, Motion Picture, Television, Sports, and Theater. Each of these sub-industries has its own unique features and characteristics in common with the others.

Music law is, thus, a specialized area of entertainment law for one of the main branches of entertainment industry - the "music industry". The music business in turn is composed of many sub-divisions including recording, publishing, concert promotion, talent management, and merchandising. The primary two are the selling of sound recordings and music publishing.

In summary, music law consists of a wide variety of legal concepts, rules, statutes, regulations, case law, practices, customs, and legal principles which have a particular application to the creation, production, distribution, and marketing of musical intellectual properties.

Are A&R'S STILL NECESSARY IN TODAY MUSIC INDUSTRY????

2009-06-03T05:37:00.000-07:00

In the olden days, A&R was king in the music industry. Young, hip guys in street clothes found the latest "big thing" in music. The A&R rep romanced said band, persuaded them to sign an exclusive contract (which still exists today), hand-picked tracks for placement on albums released by said band, and more importantly selected which tracks from the album were to be the "singles."

Said band's "singles" went on to get major radio play, the radio play led to press coverage and both the press coverage and radio play led to said band's albums selling off the shelves. It was a GREAT thing to have competent A&R reps with a "good ear" back in the hay days of the music biz when music was an art form above all else.

Then... CD burners happened... Then... Napster happened... Then... CD Baby happened. Nowadays, any band in existence can get their own high-level distribution deal for a mere $30. That's right, for $30, any band with songs committed to record can have their tracks and albums available everywhere from iTunes to Wal-Mart.com. In addition, consumers can get any song in existence for free on the internet.

The above set of phenomenon has led to the over-saturation and overt over-commercialism of music. Music, although still an art form is now more than ever a commodity; much like burnable DVDs and tulips.

This begs the question, "Is A&R still necessary in today's music industry?"

Before answering this dire rhetorical question, take into account the following factors:

1. A&R used to be about finding a great artist and picking great singles to drive record sales. Nowadays, records don't sell; it's now possible to have a No. 1 radio hit and a corresponding LP that sells a mere 35,000 copies. (Somewhere around 500,000 units is usually the break-even point for most standard recording agreements.)

2. Quality of songs were king and were the driving force behind record sales. Today, quantity of songs are king in the minds of consumers.

3. There were no shortage of bands chomping at the bit to be signed to a major label to be used as necessary. Here and now, bands like Clap Your Hands Say Yeah and Arcade Fire can sell out arenas and pressings of albums without the help of a major label. There's a famous industry anecdote in which CYHSY had meetings with several major labels and flatly refused to sign their contracts as the band felt the majors couldn't do anything for them that they hadn't already done for themselves - Prior to 2004 this was unheard of!

4. A&R reps were gate-keepers and taste-makers who filtered out the crap. Nowadays, consumers perform that very function on their own via Pirate Bay, Limewire and Myspace.

5. Quality of indie bands have increased, and industry standard sound quality of recorded music has decreased. Back in the day, not many bands could afford to spend $1,000 an hour on studio time, and no one had even heard of the iPod. Today, bands can record their own songs on Pro-Tools in their basements, and the iTunes generation is used to poor sound quality. (The MP3 is not nearly as rich as CD audio or even Vinyl, but kids and adults alike LOVE their iPods that contain low-quality MP4 files from the iTunes store.)

In the future, will labels be as willing to pay high A&R and artist advances? I can't say for sure. But... I can say that marketing and new media will always be necessary. In the near future, A&R as a whole may take a back seat as "eye-balls" and volumes of demographic information become the new king of the music industry.

Jim Markunas is a music industry futurist and editor-in-chief of Chicks With Guns Magazine. Jim has a decade of new media and music industry experience, he's run highly successful new media campaigns and has worked with James Brown, Miles Davis, The Walt Disney Company, Truckee Brothers, Mick Fleetwood, and Minty Fresh Records. Currently Jim's focus is monetization strategies for record labels and digital business development.

2009-05-26T19:24:00.000-07:00

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