Music Globalization

6 Music Industry Predictions For 2012

2011-12-29T19:10:00.000-08:00

While staring down the barrel of 2012, attempting to forecast the upcoming roller coaster year the music industry will certainly deliver seems like an impossible assignment. However I have the ability to see into the future. I’m not necessarily clairvoyant, a prophet, a physic if you will, rather I have a very specific method. What’s this method you ask? It’s a complex algorithm I sketched on the back of a cereal box that only my dog Francesca, the hair model / adult Justin Bieber lookalike in the attached photo and I understand.

Many cast criticism regarding the humdrum nature of my 2011 industry predictions so this year I’m going for broke. None of this “I predict decreasing album sales with increasing digital sales” type business, I’m going all out. Due to these bold presumptions I’m cutting the list in half, highlighting 6 things to watch for in 2012. Spin the roulette wheel folks because I doubt these predictions made anyone’s industry shortlist.

1. Vegas Baby, Vegas

Venture around the globe and genre classifications change. Sometimes the change is subtle, sometimes not. For instance, music classified as blues in the United States packs a consistent expectation whether you’re traveling to Australia or Thailand. Other genres fluctuate in terms of musical consistency. Pop music in the U.K. doesn’t necessarily correlate with U.S. Pop. Finnish rock defers from Spanish rock, etc. Few genres speak one global language but electronica has struck a worldly cord. Call it house music, electronic, dance or electronica, regardless, from Oslo to Detroit, electronic music reaches the same audience and speaks the same language. Now more than ever the once underground genre has thrust itself onto the U.S. main stage. Combating once negative stereotypes and dismal sales figures that detoured label interest, electronic has now eliminated the negative overtone. Electronic fans are a globally united group and brands are looking to align with the movement. The hottest sector of live music business today is electronica. Acts consistently sell out 2,500 – 5,000 capacity rooms and have weaseled into iconic arenas such as Madison Square Garden. Perhaps the most staggering of all statistics is the fact The Electric Daisy Carnival in Las Vegas drew 230,000 attendees. The estimated economic impact for the 3 day festival generated over $136 million for business – including hotels, restaurants, and transportation – and over $8.9 million in tax revenue. The 2012 festival has already sold out. Using Sin City as a litmus test for success may be in order. Las Vegas experienced devastating economic woes in the past years and shifting fate to the tune of $136 million in the course of 72 hours doesn’t go unnoticed. With a passionate, party going, money hungry city built around gimmicks, Vegas will likely take full advantage of the fact they have more 2,500+ seat music venues and clubs crammed into a 135.8 square mile radius than anywhere else – essentially a prime foundation for an electronica fan base. Las Vegas will become to electronic music what Nashville has become to country music. Sure the transition will takes years to fulfill, however I estimated 2012 will be the year Las Vegas begins their electronica branding campaign by increasing artist/city integration, tour stops and festivals.

2. America Insulates

For Americans, American culture is cool again. People have gravitated back to the “Made in America” campaign. Supporting local musicians, funding artistic communities, generating unheard local genres and buying local has become mainstream. The wave will inevitable effect the underground music scene – strengthening artists with full communal support that lacked in previous years. I don’t envision global impact from this movement but as Americans continue to buy American products, small town U.S. will strengthen the local music scene, possibly effecting sales from major international artists looking to build upon the generic American fan base. Look for an increase in locally owned/operated labels and for radio programming to focus upon more local artists.

3. Claiming Stake In Bands

I predicted big things in 2011 from artist/company relationships and fully believe 2012 will bring something much more invigorating. The relationships between artist/company exist on numerous levels. The extreme, monetary based partnership such as the ones between Lady Gaga & Virgin Mobile, Foo Fighters & Blackberry, Taylor Swift & Covergirl, or Method Man & Sour Patch Kids – all the way down to the creative corporate underwriting evident of Converse’s Rubber Tracks Studio which assist indie group with funding projects - corporations are deeply involved with music. These relationships, like everything in the music industry constantly evolve into new creative models. Regardless of old models or new models, two aspects will forever remain consistent – (1) corporations can provide massive visibility for artist, and (2) the high priced Lady Gaga’s of the world and brands willing to invest millions even if they can’t prove how songs (or artist) sells a single product for them, are a rarity. If a company can’t afford to shell out a $2 million endorsement advance but they can provide bands with a visibility platform to reach 17 million people within a target demographic, stock options, or opportunity to help grow -what indie band wouldn’t accept this partnership? Expect to see deeper indie artist /company relationships, one where companies assist with release strategies in a nontraditional way. This allows bands to target niche markets more effectively using Direct 2 Fan (D2F) methods, and subsequently allowing companies to piggyback grassroots indie marketing strategies through an organically generated progression as opposed to simply buying endorsements.

4. Touring Reaches Conflict

Festival & tours reached blockbuster numbers in 2011, however following the 2012 summer concert season I believe the table will be set for extraordinary conflict. Why? Nobody’s happy. Nobody (unless you’re Australia). Promoters feel artist charge too much, fans believe ticket prices have spiraled to unthinkable amounts, promoters bitch that they’re in the red after every show and artists think 360 deals eat up everyone’s bottom dollar. However the real kicker…..wait for it…… insurance rates will climb to unconscionable levels due to the traumatic concert events that plagued 2011. Further, several countries have implemented new security regulations driving cost out of whack. Nobody is happy.

5. Non Traditional Labels Explode

Record labels at their core perform three duties: produce music, market music, and distribute music. Sure, hundreds of additional components exist, but these three pillars are the foundation to any label. What happens if one of these components is irrelevant? What about two? Essentially anyone could play their hand in the label game if they perform one of the three components efficiently – right? Take a look at William Street Records, the label for Cartoon Networks. The label has nothing to do with music (other than the fact they use it), they don’t produce music, and in many cases they don’t have traditional distribution but they do have a marketing platform. By incorporating music during network bumps, television programs, etc. Williams Street Records can expose music to millions of followers within a centralized creative platform they control. Why should they pay a multitude of labels and publishers for artist services when it can be controlled in-house? The network doesn’t know music - they develop cartoons but nobody cares. Because the label has a TV network at their disposal, they can do certain things that major or indie labels can’t - such as air 30 second spots as frequently as they want, feature music videos, generated animated characters for shows, all while targeting a specific demographic of 18-34. In today’s age where artists are equipped with the necessary tools to produce their own albums, they can reach fans immediately via Direct 2 Fan platforms, etc., why should they seek a traditional label? Running a label today isn’t necessarily about maximizing sales rather it’s about creative control and efficiency which nontraditional outlets provide.

6. K-Pop Launches in The United States

Until now K-Pop has hit the U.S. marketplace with little success. According to Nielsen SoundScan, typical sales for larger K-Pop artists struggle to top 3,000 units within the States. So why will K-Pop explode in 2012? K-Pop was merely introduced to the U.S. market in 2011. In 2012 the mild mannered music fan will become attracted to the genre simply because K-Pop has penetrated the mainstream media. Additionally, K-Pop artists are highly professional and strategically structured to appeal to the 4.8% niche of the American culture. It brings ownership to Asian Pacific Americans looking for their mainstream musical voice in the American pop-infested market. Further, powerful organizations endorse K-Pop music as a means to spread Pacific culture. With endorsements surrounding tourism and cultural exports; I can assure you the genre will not quietly fade away.

BONUS – Country Music Strikes Europe With Overwhelming Success (Discussed in the upcoming post January 15th 2012).

Martin F. Frascogna is an entertainment attorney who specializes in international entertainment law representing clients in 23 countries spanning 6 continents. He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Frascogna will be speaking at the MIDEM Conference in Cannes France January 28-31 2012. Follow on http://twitter.com/#!/frascognamusic, view speaking schedules, or e-mail at: mff@frascognalaw.com or marty@frascognamusic.com

Report Card - The 2011 Year End Review

2011-12-20T14:18:00.000-08:00

It’s that time of year again. Time to brag about work well done or tuck tail in total dishonor. With only days remaining in 2011, the previous predictions once meant to define 2011 must be evaluated. Personally speaking, I believe the Nostradamus blog attempt reflects a successful report card – something I’ll happily prance home this holiday season to request parental signatures. Self-serving statistics? Maybe, however I think 7 for 11 bad is pretty damn impressive.

If you haven’t read the January 3^rd 2011 post titled, “11 Music Predictions For 2011” I would advise doing so, otherwise best of luck making sense of this.

1. Prediction -Companies Will Hold Stake In Artists

Outcome: Partially Correct

I can’t reward full credit for this prediction simply because companies haven’t necessary “taken stake” in artist, however they continue to shed sizeable funds by corporately underwriting music projects. For example, Converse opened Rubber Studios in order help indie music projects. Are they asking for royalties? No, but companies are trusting bands to generate a hands off promotional grass roots tactic that penetrates a niche market on their behalf. I will parlay this prediction into 2012 as I believe companies will figure out ways to fund projects, offer stock options or integrate marketing techniques while chomping off percentage points from music sales.

2. Prediction - Major Labels Will Adapt

Outcome: Partially Correct

“Adapt” is subjectively used here. Despite the EMI/Sony/Warner merger and sales ping pong game, I believe the major labels had a pretty good year adjusting to the market.

3. Prediction - Shelf Space With Big Box Retailers – REDUCED

Outcome: Nailed It!

This really wasn’t difficult to figure out. As the Best Buy v. Major Label price point debacle will inevitably reach it’s boiling point early 2012, I believe shelf space for CD’s will be coming closer to a complete exit. Vinyl however is a totally different story. With increased sales of 36.5% in 2011, retail outlets will more than likely latch onto this temporary trend in order to offset the CD decline.

4. Prediction - Big Box Retailers Outside Of The United States – INCREASE

Outcome: Correct

This one is debatable but I’m taking credit for it. Australian retailer JB Hi-Fi continues to increase locations and has done a fantastic job providing digital services as well. As Australia may not be the perfect litmus test, Europe is a total crap shoot. Some countries had retailers die while others thrive. What about the Asian market you ask – wait for it – I’ll be getting to that in my 2012 predictions.

5. Prediction - Artist Development Will Once Again Exist

Outcome: Correct

It’s comforting to witness progression this year. Despite what people think, success in the music world doesn’t happen overnight as there is a long evolution that requires certain platforms for accomplishment. Many of the Top 40 Acts from 2011 had long roads before “making it.” Chalk up a victory for artist development in 2011.

6. Prediction - New Genres Will Generate Mainstream Impacts

Outcome: Correct (I’m pretty much a wizard)

Several genres gained success (i.e. – Dubstep for starters), but the rapid acceptance for electronic/house music in The United States is happening at a creepy pace. When was the last time a DJ was discussed within Grammy circles? When was the last time a DJ booked multiple dates at Madison Square Garden? This warm embrace has been surprising but not impossible to predict. The United States has remained decades behind Europe’s mainstream acceptance of electronic music so the trend was bound to strike at some point.

7. Prediction - The European Market Will Level Out

Outcome: Failed

Certainly some countries are feeling the economic blow coupled with streaming services chopping up sales, but to boldly state the market has leveled out would be inaccurate.

8. Prediction - Traditional Managers Will Be Weeded Out

Outcome: Failed

Not only was this prediction wrong, it was way wrong. Simply gauging from the amount of management contracts I reviewed in 2011, managers are eager to take on new duties and they have also embraced a greater amount of work typically delegated to other parties.

9. Prediction - Entertainment Attorneys Must Adapt

Outcome: Failed

Collectively, we’re a group assholes. From what I’ve seen, a majority of firms still attempt to collect bloated retainers while focusing solely on traditional legal work. Hopefully 2012 will bring new standards and widespread implementation but I’m doubtful.

10. Prediction - The Australian Market Will Continue To Amaze

Outcome: Correct

Who are we kidding; Australia is like an industry fantasyland. Tour season is lively, the economy is booming, the amount of homegrown talent generating global appeal climbs with each passing day, and I’m pretty sure unicorns exist there. As the Australian music infrastructure continues to be perfected, Australia could become a self-sustainable industry giant.

11. Prediction - Canada Picks Up Steam

Outcome: Failed

I would like to say the Canadian market has picked up steam, but outside of monster releases from Michael Bublé and Nickelback I can’t site substantial growth with releases or touring. However don’t count out Canada just yet. I’m certain the talent and infrastructure is currently in place to make an impact within the next few years.

Martin F. Frascogna is an entertainment attorney who specializes in international entertainment law representing clients in 23 countries spanning 6 continents. He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Frascogna will be speaking at the MIDEM Conference in Cannes France January 28-31 2012. Follow on TWITTER - @frascognamusic, view speaking schedules, or e-mail at: mff@frascognalaw.com or marty@frascognamusic.com

4 Ways To Negotiate a 360 Deal

2011-11-01T18:33:00.000-07:00

When you hear the word “deal” in today’s industry more than likely it’s a 360 deal. Commonly called “360” you’ll also hear these agreement referred to as multiple rights agreements, all rights deal or bundle agreements. Remarkably, 360 deals are nothing new, especially for record labels as they’ve been in existence for decades. Labels have always wanted artist to sign a recording contract, be in bed with a management firm affiliated with the label and sign merch deals with parent companies. Anyway you spin it these situations have 360 characteristics. What’s unique about the 360 deal today is the fact everyone feels as if they can implement multiple right contracts so somewhere these things tiptoed into the mainstream. While writing this article I’ve got a music publishing contract sitting on my desk demanding multiple rights. Publishing companies demanding 360’s entitling them to merch sales? Not to be outdone, last month I dealt with a booking agency demanding 360 rights with entitlement to record sales. In the music industry bizarre, anybody and everybody insist their expertise rises to the level of 360 status. Absurd? Maybe. Farfetched? Not really. Since much of a musician’s income comes from sources other than recorded music, why should labels be the only ones to implement multiple rights agreements? Be it old school 360 or new age 360 deals, two things have remained consistent: (1) people assume they’re non-negotiable and (2) they involve a substantial commitment by an artist.

360 deals are simply a strong-armed request. Best stated by a fellow attorney “the large print giveth and the small print taketh away.” The offering party is attempting to hedge a bet and trap artists. Multiple right deals require substantial investment so often the “non-negotiable” contract is nothing more than a label swinging for the fences in hopes the bands believe them so they can collect a higher percentage. Sorry to say most of the time this works. Further, don’t be so quick to toss labels under the bus. Most of the time out of the offering parties (i.e. – managers, labels, production companies, agents, etc.) labels bring more to the table (and naturally request more in return). Industry companies have business experience and prey on artist who don’t. If multiple rights deals were non-negotiable, I’m assuming everyone thinks Shakira and Madonna’s attorneys didn’t negotiate with Live Nation? Robbie Williams was faced with a take it or leave it type deal with EMI? I guess the tooth fairy drop these contracts on their doorstep? Let’s come back to reality - non-negotiable 360 deals are negotiated at every conceivable level. The non-negotiable approach is typically a means to get artists signing on the spot as if a label can take away all the sorrows with the quick stroke of a pen. Regardless of who’s offering, and despite the varieties 360’s have 4 consistent (yet broad) concepts that will always serve as a negotiating start point:

1. Call Out The Conflict
Enjoy incestuous relationships? Have fun with a 360 deal! Sure they sound attractive when someone tells you that all the agreements can be bundled into one. This quickly allows everyone to focus on the music/career because “hey man, we’re a one stop shop for everything you need.” Bad starting point. Essentially you’ve just been blinded with “let’s get creative and ignore business” communication. With everyone intertwined (i.e. -management, label, publisher, agent, publicist, etc.) who is keeping the checks and balance system? For example, if the label stiffs the artist, the manager (who is also employed by the label) will be unlikely to call the label on the sour situation at risk of losing his own job. In many U.S. states and foreign countries artist managers (and agents in some cases) have to fulfill a fiduciary duty to their clients. Welcome to the legal world. Once this basic standard of care becomes violated, managers (or any other respected party) have essentially violated their fiduciary duty. Bring up fiduciary concerns on the front end and I can assure you negotiations begin immediately on that so-called “non negotiable” contract.

2. Know Your Strengths
Some artists do a tremendous job selling and promoting music. Others do not. Know your strengths. Should you already have a substantial following, high record sales, sync deals, merch sales, etc. why sign a full 360 deal? Peel off the irrelevant sections in order to bifurcate a 360 into a 220, 180, 100, and so on. Build the model that works for you. This is not only realistic but it’s also good business.

3. Know Your Rights
*Unquestionably the most important aspect of 360 negotiations.
The most valuable rights an artist can possess: (a) copyrights and (b) trademarks dictate the strength of multiple right negotiations. I’ll only touch copyrights in this section but if you want a quick review of trademarks CLICK HERE. Copyrights control so much more than artists realize. When you legally own a copyright to your work, you actually own a bundle of rights (6 to be specific). As these rights vary country by country, essentially the bundle allows the owner to the following:

• The right to dictate reproduction of the work
• The right to control derivative works
• Distribution rights
• Performance of the copyrighted work
• Display of the work publicly via film/images/etc.
• Performance by means of digital audio transmission

Take the bundle as a whole or isolate any particular portion and the owner can dictate the scope of use, time, geographical location, or purpose. Putting these concepts in motion, let’s assume BAND X receives a 360 offer from Live Nation located in The United States. In regards to the copyrighted material, BAND X can grant Live Nation distribution rights (in the U.S. only), rights to derivative works (in Finland only and then to another company for rights in The United States), performance rights of the copyrighted work (for no longer than 12 months in the U.S. – not globally), etc. Artists own the bundle of rights and they should never blindly give away the entire bundle. Negotiate by being specific about geographical locations, duration of time, and/or purpose of the work. We’ve only touched the tip of the iceberg here, as a new world of negotiation can be opened up when discussing other rights (i.e. – trademarks) publishing, bookings, or merch rights.

4. One Word Speaks Volumes – “NO”
Presented with a non-negotiable 360 deal – just say “No.” If you’re as good as you think you are, if you’re in as high demand as your friends tell you, or if venues are drooling for you to perform – reject a 360 deal. If the offering party is serious about signing you they’ll present you a second offer. If they don’t it was probably one-sided to begin with. Nothing speaks volumes more so than a rejection.

*Stay tuned for a YouTube instructional video later in November 2011 regarding copyrights.

Martin F. Frascogna is an entertainment attorney at www.frascognalaw.com where he specializes in music globalization and indie artists. He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships opportunities into the appropriate global territories. He co-authored the American Bar Association (ABA) book: Entertainment Law For the General Practitioner, which is used by entertainment attorneys around the world. Currently Frascogna has clients in 23 countries on 6 continents. Feel free to contact - Martin F. Frascogna (mff@frascognalaw.com or marty@frascognamusic.com) or on TWITTER. See him speak live at MIDEM in Cannes France January 28 – 31.

Why Your Band Needs a Registered Trademark

2011-08-01T18:02:00.000-07:00

Intellectual property remains the core money making ingredient for bands in the music business. Many assume intellectual property simply refers to filing copyrights, but this is only a fraction of the overall equation. For bands, the real money flows when they control both: copyrights and trademarks. What is a trademark (aka – the mark)? Why are they important for bands? How do you squeeze money out of a trademark? All you really need to know is that a trademark can become a groups most powerful negotiation tool and when used properly, the trademark can churn more money then music alone.

When you hear the term “intellectual property” it essentially refers to the BIG 3: copyright, trademark, and patent. Other components exist as well, such as trade secrets, trade dress, service marks, etc. but for the sake of discussion we’re going to stick with the BIG 3. Patents relate to formulas or inventions and are irrelevant for discussion here. Copyrights refer to an original work of authorship fixed in a tangible medium of expression. Boring legal mumbo jumbo so just know that a band’s recorded music, when filed properly, is protected via the copyright. Because most recording artist understand the legal significance of a copyright, we’ll focus on the remaining component – trademarks. Trademarks are any unique symbol, design, mark or words that distinguish the product from others on the marketplace. For example: Nike’s swoosh, Coca Cola’s traditional font logo, the leaping puma for PUMA, The Recording Academy’s gramophone logo, McDonald’s golden arches, etc. How is this relevant to the music business you ask? Imagine if U2 couldn’t legally use the symbol U2? Their music would be seemingly worthless if it wasn’t coupled with the symbol “U2.” What if Island Records had to pay a licensing free to a third party every time they printed the palm tree logo on a disc? What would happen if Aerosmith didn’t legally own the mark associated with the band name? Believe it or not, trademark battles are fought everyday on the front lines of the entertainment legal community. These stories rarely get attention mainly because higher visibility equates to higher licensing fees for the infringed user. In this regard, the person infringing wants to handle trademark infringement matters quietly and quickly. The mark owner wants to sit back and collect licensing fees and/or out of court settlements by not drawing attention to the matter in hopes others will infringe as well. Nonetheless trademark carnage is an everyday occurrence and unfortunately bands usually spill the bloodshed. Rarely do groups understand the importance of owning a trademark (much less the filing process) because labels like to keep the significance and worth hush hush. Well it’s time to shed some light on the topic so indie and major artists have a complete understanding of where the money is hidden and bodies buried. Instead of pounding the importance of a trademark let’s play out two real life scenarios.

1. Twenty years ago a small band out of Louisiana, United States hired an attorney at our firm. Gigs pretty much consisted of college dates and dingy bars. The group had a catchy name (which will remain confidential), and upon our attorney’s recommendation the group registered their trademark (i.e. band logo & band name). A year after filing, their trademark popped up in Billboard Magazine as advertisement for a label operating under the same name. The problem was the label didn’t own the rights to the name, the band did. A member of the greatest boy band in U.K’s history started the label, but even that level popularity can’t trump the law. The label gained success, signed bands, and released product all under a mark that they didn’t legally own. The rightful owner of the mark, a small no-name band from Louisiana, was able to settle outside of court for a substantial sum of money. The alternative for the infringing label was to drag through federal courts, have the case highly publicized and still lose their shirts at the end of the day. Settlement, even a high priced settlement, was the best option. The no name regionally touring band struck gold, essentially pocketing more money by owning a trademark as opposed to performing and recording music.

2. In 2009 I began representing an international group who had just completed a U.S. tour run from 2008. The problem with the tour was they generated a lot of visibility and success, all while operating under a band name they didn’t legally own. Other groups began calling their band they same name, and to make matters worse the copycat bands contacted the same venues in which my client had played shows. Most of the venues booked the group under the assumption it was my client. Wrong. Even worse, one of the copycat bands eventually got a record deal. My client’s band name became so diluted by untalented copycats that they had to change the band name and literally build a new fan base from scratch. If they had registered a trademark they could have filed lawsuits against the copycats or issued cease and desist letters so they couldn’t perform under the same name.

Owning a trademark essentially becomes a band’s battering ram with negotiations, touring, and product. The owner of a trademark can limit the use of the mark. If a promoter or third party wants to print posters, T-shirts, and other merchandise product - guess what - they must first acquire a license to use the mark. Should a label offer a group who owns their mark a recording contract, the groups got all the leverage. Oddly enough, labels forget about the importance of a trademark. How successful would a Lady Gaga album be if Interscope didn't have authorization to use the name/mark “Lady Gaga” Umm not very successful. To salvage such a deal a label would have to pay a licensing fee to use the mark. Merchandise rights are the same way. With 360 deals becoming commonplace, what was once “standard” contractual language has shifted, often leaving out verbiage which would transfer ownership of a trademark to the label. With the rise of international music markets/touring/and festival dates, trademarks take on new meaning. Should an album be released in Germany, Japan, or Norway, who owns the trademark? Who’s authorized to use the trademark? Knowing how to file for a mark, where to file for a mark, and how to use a mark should build its way into developmental discussion in order to assure bands have the proper business foundation to maximize their income streams.

Watch the detailed video here, but for trouble viewing check it out HERE

Martin F. Frascogna is an entertainment attorney at www.frascognalaw.com where he specializes in music globalization and indie artists. He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships opportunities into the appropriate global territories. He co-authored the American Bar Association (ABA) book: Entertainment Law For the General Practitioner, which is used by entertainment attorneys around the world. Currently Frascogna has clients in 23 countries on 6 continents. Feel free to contact - Martin F. Frascogna (mff@frascognalaw.com or marty@frascognamusic.com) or on TWITTER

How To Sell 1 Million Albums & Owe $500,000

2011-07-05T16:19:00.000-07:00

You constantly hear horror stories of bands that sell millions of albums but end up owing the label hundreds of thousands of dollars. Surely these are tall tales, dreadful nighttime legends that musicians tell their children? It’s impossible to sell so much yet make nothing, right? Actually this ghastly folklore is way to true and unfortunately commonplace. Selling 1,000,000 albums and owing the label $500,000 is easy, typically secured by the thoughtless stroke of a pen. Bands are lured in by the large signing bonus weighed against the hefty fees to hire an attorney, therefore bypassing the legal process all together and jumping on the fast track to financial disaster.

Recording contracts are monsters. Filled with confusing terms, misleading passageways, and big hairy ghoulish language. Somewhere within the 50+ pages you get lost and this doesn’t happen by happenstance rather by contractual design. Before blaming labels for constructing misleading contracts, know that several sections of recording contracts are extremely valid. Labels simply place these sections in contracts as a starting point. If negotiated by the artist, the terms can be shifted to become mutually fair. If they remain untouched and unnoticed, well that’s just smart business practice by a label. The key is to notice the terms, identify the confusing sections in order to find the starting point for negotiation. On that note, in every recording contract you’ll find eight hot button negotiation points hidden deep within the legal language. By no means is this an exhaustive list nor should these elements replace an entertainment attorney. Attorneys will know how to locate these elements, negotiate these elements, and anticipate the counter arguments. This quick list is to serve as a guide to help identify some of the confusing terminology. The eight areas, if gone unnoticed and un-negotiated, can place a successful band that sells 1,000,000 records in a financial hole owing over $500,000. Soak up the sections so you can experience financial success instead of running from the Italian collection goons.

1. Artist Royalty – recording contracts are like partnerships, a partnership in which the band will receive an artist royalty on units sold. As this figure varies pending on the label, it’s important to understand how (and from what) the artist royalty percentage applies.
2. Wholesale / Resale – will the artist royalty percentage apply to the wholesale price of the product or to the resale price of the product? Pending on the negotiated stance, gross earnings can immediately be slashed in half.
3. Breakage Fees – labels will incorporate a breakage fee that’s pawned off to the artist unless negotiated otherwise. For example – a label will incorporate a 10% deduction on all items shipped just in case they are damaged within the shipping process.
4. Uncollected Accounts – because the music business is a giant consignment industry, what happens if a music store goes bankrupt? Where does the product go? Who gets it? As an insurance policy to protect from such circumstance, labels typically incorporate an “uncollected accounts” aspect to the contract.
5. Free Goods – in order to promote a new album the label must send that album to radio stations, venues, and industry movers and shakers. Why should they absorb these costs? Instead, recording contracts deflect these costs onto the artist as a promotional or free goods fee.
6. Container Charge – ever stop to think about what a label invest in? Labels invest in the song and multiple songs make up an album. When a consumer purchases the album other components play a part in the consumer exchanges. For example – the jewel cases, the album booklet, the disc duplication, etc. As far as a label is concerned these are just add on expenses which they shouldn’t be responsible for because their financial investment is in the song, not the jewel case. Guess who’s paying for it then? Here’s a hint – not the label.
7. Reserves – this is a straight monetary amount or a specific number of products that the label will set aside for various purposes. Nonetheless, the artist not the label will absorb the reserves portion.
8. Advance – the advance is the grey ghost to any recording contract. The upfront incentive always looks attractive but there several arms to the advance that people fail to recognize. Any way you cut it, “advance” translates into “a loan which must be paid back.”

Typically the artist royalty (Point #1) doesn’t apply until after all the other elements identified have been deducted first. Because of this, these eight negotiation elements can chop up a hefty gross income into crumbs. As these eight topics can’t be discussed in exhausting detail through an informal blog, the video (below) provides a deeper view into terminology and financial examples. If you want know how each element, if negotiated improperly, can be detrimental to a group even after selling 1,000,000, watch the video. Fifteen minutes of viewing may save you $500,000. For problems viewing CLICK HERE

Martin F. Frascogna is an entertainment attorney at www.frascognalaw.com who specializes in music globalization and independent artists. He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. He co-authored the American Bar Association book: Entertainment Law For the General Practitioner, which is used by entertainment attorneys around the world. Martin works with indie level musicians who operate on a budget. Allowing musicians to acquire legal services on the front end through a budget, opposed to billing high rates, has lead Frascogna to have clients in 23 countries on 6 continents. Feel free to contact - Martin F. Frascogna (mff@frascognalaw.com or marty@frascognamusic.com)
Follow on TWITTER (@Frascognamusic)

Concert Posters and the Rise of Legal Rights

2011-06-15T14:47:00.000-07:00

Concert posters have long been the standard when promoting gigs. It’s simple, efficient, and people generally love seeing these unique pieces of art. In today’s DIY market coupled with fading music sales, artists are beginning to rely heavily upon poster design as an additional merchandise revenue stream but few realize concert posters/design pack a hefty legal punch. In short: Who owns the concert poster? The band that’s performing? The designers who designed the poster? Perhaps the venue that booked the artist? If you don’t think these issues are important, think again. Concert posters are quickly becoming the hottest piece of merchandise, not only for growing indie acts but major artist as well. Indie bands with limited edition numbered prints have been able to sell good designs for $100, therefore banking more on posters than CD sales. Take an established group with a vintage concert poster back from the 60’s and it may sell for $10,000+. I can’t touch upon the global issues concerning concert posters due to the enormity of the content, nor will I address all the legal implications in detail, however I do suggest using the information below as a solid foundation, a brief flicker of insight into the multitude of issues that can quickly snowball out of control.

Use of concert posters have traditionally worked as follows: A music venue and/or promoter books a band and subsequently hires an artist to design a concert poster surrounding the performance. The band provides the venue/promoter with photography and logos who in return passes the information off to the poster designer. With new technology new methods are used. Now it may be common for a band to design a concert poster and later provide the poster to certain venues showcasing the venue logo/information. Others may hire poster designers who design, print, and distribute the poster. Regardless, every scenario identified consist of three major legal components, often ignored, which (especially in today’s music market) inevitable come back to bite someone in the ass. When these components are combined two questions emerge: who owns the poster and who owns the poster design? In order to touch upon these questions, let’s review the three legal components and how they’re used.

1. Trademark:
If you’re in a band and you haven’t filled for a trademark – listen up. Trademarks (ones which are rightfully filled for, granted, and owned) must be licensed when used by anyone other than the trademark owner. For example, if I own the trademark for BAND X, when I play at a venue, who ever uses the concert posters to promote must be granted a license in order to use the mark. If a poster designer uses BAND X in a design, he must have a license to do so. If you don’t own the trademark, you’re mark is open on the market (i.e. Anyone can use it and they can use it without your permission). However, when concert posters are designed it’s typically authorized by a handshake deal, telephone call, or it’s simply implied. All the more reason a performance contract is relevant in order to address who owns the rights to (a) use the mark and (b) who owns the poster. Let’s say for example a designer builds a killer concert poster for an upcoming show. The band owns the trademark but didn’t license the mark for use. Well at this point we’ve got a stout legal issue. Because the band didn’t regulate the mark, a design will suggest it was simply implied that they could use the mark to promote the concert. In part he is correct. Consider five years down the road, the band signs with a major label, they tour heavily and begin selling millions of albums. The “vintage” concert poster becomes a collectors item. The poster designer can begin printing, reprinting, and selling the design and the band receives nothing. Had the band issued a “proper” performance contract with a limited license, they would enjoy in the income stream. I use the term “proper” simply because bands will cut corners by using form contracts they find on the internet. Because these are relatively new rights that bands are taking into consideration, form contracts will not cover such areas.

2. Copyright:
This is perhaps one of the most scandalous topics following the Vampire Weekend album cover infringement. Instead of covering that litigation story in exhausting detail, let’s look at a realistic working model. Band X provides their promo photo to a poster designer who in return places the group picture into a poster design. Smart tactic considering the band will receive more visibility. However, who owns the rights to the band promo photo? Did the photographer who took the band picture license the photo to the group? Has it been purchased following a work for hire contract? Maybe it was the cash/photo exchange that simply implied the band now owns the photo? If it’s the later, which it typically is, the band does NOT own the photo, the photographer does. Without securing the rights, guess who will come a calling if the band sparks in popularity and the poster is being sold as additional band merchandise?

3. Right of Publiciity:
Right of publicity is typically the topic that gets promoters and venues sued. In short, right of publicity authorizes monetary damages when someone’s image, photo, or likeness is used for commercial gain without their consent. For example, if VENUE X or DESIGNER X begins selling concert posters following a gig, but didn’t receive authorization from the band in order to do so. In this scenario they are subject to litigation because they have infringed upon the bands image. Problem in today’s informal market, bands typically sign performance contacts (a) without reading, or (b) without issuing their own. This has consequences because they usually give away rights; rights they didn’t even know existed in the first place. In order to recoup cost, venues will sell unused concert posters or poster designers sell designers on websites in which they create. In short, someone else is making revenue in which should have/could have been redirected to the band.

As an attorney I cringe at talented musicians who don’t secure their product and rights because they didn’t want to spend money to hire legal counsel. However, I also understand that contracts are frowned upon in the informal indie music market. I can assure one thing, the talented musicians and bands that run their career like a well oiled business which control their legal rights, products, and image are the “professionals” - they work in the business and make a living in this business. It’s important to know your legal rights, know how to use your legal rights, and spot legal issues as they arise. With the increased popularity of concert posters as a merchandise product using these rights are now more relevant than ever. Couple this with the increased DIY generation, the international marketplace and decreased music sales and you’ve got a recipe for intellectual property disaster. Knowing how to use your rights becomes a mandatory second language if you want to be successful.

Martin F. Frascogna is an entertainment attorney at www.frascognalaw.com who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. He co-authored the American Bar Association book: Entertainment Law For the General Practitioner, which is used by entertainment attorneys around the world. Martin works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 23 countries on 6 continents. Feel free to contact - Martin F. Frascogna (mff@frascognalaw.com or marty@frascognamusic.com)
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concert poster designed by Louis Frascogna

Know When to Listen, Speak and Revolt

2011-05-15T08:30:00.000-07:00

Being a musician can often times be a disheartening line of work. Not only is the industry ultra competitive from a musical perspective, talent runs deep from the United States all the way to the Ukraine so emerging from a pack of other talented individuals can be downright mindboggling. In order to break away from the masses, music has to be treated as a profession not a hobby. Becoming a professional in the industry (whether that be a label/band/artist/writer/or manage) means you generate livelihood from the craft not dabble in it part time. So how is this accomplished? That answer is way to complex and vague to be addressed in an informal blog post so I’ll give the quick and dirty answer- know when to listen, speak, and revolt. Meaning, bands should know when to integrate certain professionals into their career, how to locate the ideal team members, and how to identify the warning signs that something may be out of whack.

Frequent readers may accuse this article of being biased because it will soon address the critical need to have an entertainment attorney. “Yes” I’m an entertainment attorney and “yes” this article will be biased so take what you want from it. However, I do encourage every reader to pay attention to the moving and sometimes conflicting pieces at play throughout a band’s career progression. It’s these elements that are meant to be the crux of discussion. In its most simplistic and traditional form, music professionals will eventually integrate the following components as careers venture out of the hobby stage and into the professional realm: entertainment attorney, agent, label, management, public relations rep, and business manager/accountant/bookkeeper. Obviously in today’s DIY industry, bands can provide some services themselves, others they can’t. The ideal situation is to find a multitude of people all working towards one common objective – your career advancement. How to begin building this team deserves a deeper look.

1. Listen
Listening can be one of the best tools in a business toolkit. Here, let’s refer to this aspect as the “gathering stage.” Listen to what’s going on in the industry, gather information as to who are the effective labels, how do they position artists, who appears to be the competent management firms working on the top albums, who are the top attorneys, etc. This should be an easy process but somehow people make it complicated by allowing others to steer direction. Most bands I come across start backwards. Instead of gathering information and determining what the band needs to progress, bands sometimes let others infiltrate their progression process and ultimately dictate what they need. Unless your dealing with an industry professional you’ve determined needs to be on your creative dream team, never adapt simply because someone claims things will progress faster if you work with them. If it’s too good to be true, it is. Instead, listen and gather information. Determine who needs to be on the bands creative dream team, begin researching the relevant parties, obtain contact information the best you can and then organize the information from a “best case scenario, second best, third best, etc..”

2. Speak
Once information has been gathered, it’s time to approach the dream team. This topic can be another blog within a blog, so I’ll again give the quick approach, which will scream bloody bias. The choices are twofold: (1) begin approaching managers, agents, and labels on behalf of the band, which is almost guaranteed to be a waste of time and money, or (2) begin, approaching entertainment attorneys first. All will be hard to get a hold of, all will be too busy, all will be assholes, and all of them will be disinterested (initially). Here’s the difference, by connecting with a competent and respected entertainment attorney on the front end, you’ve essentially paved your route to other industry professionals. Good firms work with labels, managers, agents, PR, etc. on a daily basis. When you find that special dream team attorney component, speak up and tell them everything you’re looking for. It’s important to first see if there’s a creative fit. Remember firms are like hospitals – they can’t reveal information on particular clients (this includes who their clients are) unless granted permission to do so. That’s why it’s important to do research about the firm (or attorney) prior to communication, and why conversations should be based upon the creative energy. How does the attorney bill, what legal components need to be in place, what the attorney’s approach for progression, etc. You’ll know right out of the gate if there’s a good creative match involved but ultimately it’s your time to speak up, explain what you’re looking for, communicate who’s ideal management, who’s the ideal label, what you need from investors, and so on. Just speak speak speak speak. The alternative to the attorney approach is to spend money, time, demos, and creative juices approaching managers and labels. This is an option, but remember you’ll need an attorney to eventually monitor those contracts and in addition, consider the fact you should never sign a management, label, publisher, or agency contract without an attorney’s viewing. Otherwise your eventual legal retainer will be allocated to clean up an almost certain mess as opposed to allowing your attorney to focus on advancement. Best to acquire legal on the front, not the back.

3. Revolt
Attorneys can see problem areas emerge miles before they actually take place. If you don’t have an attorney let me communicate some instant tips for when it’s time for a band to step up and revolt. One, if you sign with a label and the label partners you with management and/or an attorney – REVOLT. The label has just pushed you upon two parties which will have the labels interest at heart, not yours. Whenever there’s a likelihood of conflicting interest, always bring in a third party to evaluate. I wish I could speak positively about all my fellow entertainment attorneys, but reality is some can focus on their best interest, not the client’s. These are situations to avoid especially if you see them teamed up with a label. Two, management suggest a particular attorney to represent the group – REVOLT. Unfortunately the common tiff lies between management and legal so if you see a situation where management has a buddy who’s an attorney and they recommend him, question the circumstances. Why? Legal is hired to protect their client. This means calling bullsh** when they see it, developing crafty contracts to eliminate unfavorable situations, and conflicting with parties who don’t progress their clients career. Sometimes this even means negotiating more favorable contractual terms for long term growth as opposed to a quick drop in the bucket which may benefit the manager more in the immediate. Managers typically sell the moon and then grab you with a contract, which solidifies none of the expectations previously presented. This isn’t every manager and management firm (there excellent ones amongst the masses), however when a manager recommends a particular attorney, REVOLT, and ask why they were recommended and what’s the history between the two. It may be a glowing recommendation (acceptable), or it may be an unforeseen partnership (not acceptable).

The supreme situation is to find a creative team that works well together. The nucleus of a creative team should revolve around the band’s interest and goals. When a situation can be created which clearly outlines everyone’s responsibility, specific approach for achieving those goals, and the accountability involved – a quality situation has been formed. A band’s creative team should compliment one another. Should management struggle with contacting the relevant labels, legal should use their resources to assist. Should an agent have run into troubles with a particular venue, maybe management can help. In short, never settle. Never settle on a manager just because you think you need one. Never select an attorney just because you thought they could help. Never sign with an agency because they promised you lots of dates. All decisions must be strategic and have a purpose. Once you find that creative team, trust the process and let them all perform.

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 17 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)
TWITTER @frascognamusic

5 Tricks To A Compelling Press Kit

2011-04-15T09:51:00.000-07:00

Entertainment law firms receive dozens of press kits on a daily basis from groups scattered throughout the world. Our firm is no exception, as I feel the press kit wagon has a scheduled unloading every morning outside my office door. Because it’s impossible to review every single one due to sheer volume, entertainment attorneys issue little tricks that help us assess EPK’s quickly. Maybe we’re lazy or maybe we’re freakishly efficient with time, but when groups send information we expect a level of professionalism to come with it. I’m looking for a product gift-wrapped for my weekend review. When digesting the information, a first look is nothing more than a quick glance analysis. If I like it or feel the impending client has some potential, I’ll review it further. If I see something I don’t like, the EPK goes straight to the trash. The obvious question – “What gets you trashed?” Before getting to the music, I skim for five things. Reject my opinion or implement these strategies as you may, I can assure you relevant management firms, labels, PR companies, distributors, and booking agents use similar tools. I’ll shoot you straight, sometimes a few press kits kick the door down because something in it will peak my interest. So if you’re not implementing the following strategies don’t be discouraged. However moving forward, try to be effective with solicitation and use time wisely. Never toss the dice to see what sticks when your career is at stake.

*“Press kit” has different meaning to different people. This article is basically referring to: one sheets, EPK’s, press folders, promotional folders, and other material used in a promotional form used to advance musical groups into the upper echelons of the music industry.

1. Write To Your Audience
Too many bands develop EPK’s geared to fans. Don’t. Use press kits for business development purposes. Essentially you should have three press kit specifically structured to reach three different audiences. First, a press kit that is relevant to booking agents, venues, and festivals. Enclosed information should obviously focus upon past, present, and future gigs because you want to communicate to the reader that the band is actively performing. All of these parties will measure a group based upon how many people they can draw to a gig. It is important to mention the capacity and sales numbers of previously venues performed. Secondly, have a press kit geared to managers that focuses upon income stream topics. Hint around to your income stream channels but don’t flaunt specific numbers (this is a second conversation and a different blog post all together). Managers care about marketability, creative income, and upcoming gigs. Because managers take a percentage of creative income they essentially want to see a group who is already developed not a band they’ll have to sink energy into nurturing. Last, you should have a press kit geared towards labels and attorneys. What to include in this press kit will be addressed in the following sections.

2. Rethink Your Band Bio
A band bio should be quick and to the point. If you’ve got material addressing “at the age of three John always knew he wanted to be a musician” or “the band was formed in John’s basement during a fateful moment in 1997”, or anything about winning battle of the bands in junior high - START OVER. Keep everything one page in length (max), and lose all the descriptive adjectives about “melodic guitar riffs, driving sounds or thrashing vocals.” Let me place my own description to the music as opposed to cramming the bio down my throat. Lastly, it’s understandable band member’s wear many hats these days. It’s fairly common to see songwriter/producer/lead vocals when describing individual members. Stop doing it. The perceived triple threat only screams you’re doing to much or there isn’t enough to write about concerning the band as a whole.

3. Think About The Gigs
Press kits are traditionally laced with dates/touring/gig information tabs. These sections can indirectly cut a band’s throat. If I read an EPK and review the gig section and it reads, “coming soon” I equate this to unemployment. If I review tour dates and see three performances listed, I associate this as an ineffective touring group. If I review the information and see nine performances all at the same bar, I don’t think you’re in high demand I link your too local. If a gig directory isn’t an impressive laundry list, don’t provide in an EPK. Sure, I can do additional research and find out how many gigs your performing if it’s not included in your EPK, but at that point I may have formed a favorable impression based upon music, marketability, or background and could care less if the group gigs only at local bars. Keep in mind however that you do need to inform fans to any upcoming shows. This information should be provided on the artist website, not the EPK.

4. Contact Information Speaks Volumes
Contact information and e-mail addresses speak volumes. For instance, if I review a press kit and the band lists their relevant PR contacts, manager, agents, etc., immediately I form a positive impression. To me the inclusion proves the group (a) works well within a team, and (b) is serious about progressing in the industry. It also provides further insight as to the bands success. If management is a reputable company or the agent works with a successful agency I’ll know the band has a legitimate business foundation. Secondly, know that an e-mail address tells a detailed story. Should I receive e-mail from a person directly (e.g. johndoe@yahoo.com) there is something genuine in the delivery. I like it. To the contrary, should I receive e-mail from an alleged legit business who uses a service address (e.g – hitrecords@msn.com) they’ve just told me everything I need to know. The later reveals the sender hasn’t invested money into a website, business perception, and probably isn’t with a legitimate organization. Why would anyone receiving the e-mail make a time or financial investment if the sender’s not willing to make a financial investment in them self. Let me give a few examples:

makingmusichits@google.com = Amateur / Don’t send me material
john@theband.com = Acceptable
johndoe@hotmail.com = Acceptable
milliondollarrecords@msn.com = Your company is run out of Mom’s basement
dat_hitz_maker@mac.com = Unacceptable
booking@theband.com OR info@theband.com = Look, I know it’s a member of the group using the account but nonetheless it beats the alternative. Acceptable.

5. Show Ownership
This last point only applies if sending a press kit to either an entertainment attorney or a record label. When bands venture into that ambiguous “next level,” two mandatory pillars help establish a solid foundation – band agreements and properly filing intellectual property. Both have business implications, which done improperly, can hang around like a tight noose for the duration of a career. Bands must have a band agreement in place. Why? First, in order to protect the interest of all band members in a group there must be a legal agreement in place, which identifies what happens if a band member leaves. Believe it or not, most bands split after a few short years. What happens to the equipment? What about prior investments? Who pays them? Is the departing member still on the hook? If the band doesn’t break up, GREAT, but how do you vote on particular internal issues? How will development topics be addressed? How will assets be divided, etc? Band agreements, in their basic form, provide the rulebook or the internal boundaries specific to creative organizations. No tricks and no surprise cat fights, band agreements allow the entire group to have all cards on the table and know how all conflicting issues will be dealt. Secondly, legitimate labels will likely not touch a group who doesn’t have a band agreement in place. Because a new signing can be a substantial investment for a label they want to have piece of mind as to what happens if a band splits (i.e. their investment). Should you have aspirations of signing to a label, best get the band agreement in place far in advance. When bands have taken the time to invest in proper business development (i.e. band agreements), it reflects they’re taking the craft and business seriously rather than treating it as a hobby. This speaks well to people in the business world who are looking to sign bands, make financial investments, or partner for endorsement deals. Because many bands typically don’t know the appropriate time to bring in an entertainment attorney, and at a basic level, structuring band agreements can be the best time to do so. Never structure a band agreement yourself, never use form contracts, and never allow a manager (if you have one) to do it for the group. Band agreements have long lasting implications so a legal eye is needed to identify all the legal elements at play. Another logical time to partner with an entertainment attorney is with intellectual property. Assuming everyone knows the necessity in filing copyrights for music, many forget the power of the trademark. When legally filed and used properly, a trademark can become a group’s most lucrative income stream component. Using it properly, how to license the mark, and how to use it as leverage in negotiations can all be handled by your attorney. Labels find trademark ownership relevant because it’s one less thing they have to invest in. Groups who legally own their mark have a substantial leg up on the competition. Highlight ownership in an EPK by listing (a) the year of filing, (b) the attorney who filed the mark, and (c) and the year of clearance.

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 17 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)
TWITTER @frascognamusic

DIY (Do It Yourself) v. DTF (Direct To Fan)

2011-03-31T18:40:00.000-07:00

Back in January I stumbled upon an interesting article published by MIDEM. The title, Do It Yourself and Direct to Fan written by Virginie Berger seemed to be a basic topic given the upcoming MIDEM event which would be swirling with more pressing international music topics. Interested, I decided to download the article. Well written and penciled with an interesting perspective, I quickly realized that DIY and DTF are terms used way to loosely within the industry. You see, DIY and DTF are extremely similar concepts often coexisting naturally, yet they are also greatly and dangerously different. As I will not venture down the historical path citing case studies of each concept, I do want to explain the difference between the two, dissect common pitfalls, and more importantly discuss the global implications. It is important to understand these concepts inside out, as they truly represent the norm within the domestic music industry. As for the global industry – that’s a different story….

Do It Yourself, or more commonly referred to as DIY, is a term associated with career progression. It can be viewed as a starting point or an end game. DIY developed due to the evolution of performers and the downfall of labels. DIY is a means to survive and truly the indie model. The term basically indicates you’re running the musical group like a start up business. You have to manage, book gigs, print albums, sell albums, find distribution, located PR outlets, pitch to PR outlets, and generally hustle your way up the ladder. Just like a start up small business, when times are tight you don’t have the funds to bankroll other employees. You have to do everything yourself. As the business progresses you then have the choice to delegate responsibilities to other parties (ie: band employees). During the progression period you may decide “hey we like this boutique style business, let’s keep it small” (ie. nickel and dimming your way through the domestic market). Others may say, “umm let’s set up franchises” (ie. going global). This is the point when performers break out of the traditional DIY model. Neither model is incorrect as it all boils down to personal preference. For sake of this article, I’ll address the franchise holders.

If you recall I did not mention (a) marketing, and (b) promotions when explaining the DIY model. Let's transition into Direct To Fan strategies, also known as DTF. In essence, DTF is finding the best route to your fans by eliminating the middleman. Don’t confuse this with DIY, as they are different concepts. DTF is all about marketing and promotions and understanding everything you could possibly know about your audience. Back to the small business analogy. When a small business opens, they need to be known and talked about within social circles. Many will purchase ads in the paper, rely upon a sign, pass out flyers, or buy commercial spots. As the business cash flow increases, so do the means to purchase additional marketing avenues to make the business visible. Visibility is the key to DTF. The more fans a band can impact, the more possibilities they have to sell and generate an income steam, and subsequently a greater opportunity to connect with fans on an intimate level (ie: DTF), giving them what they want in terms of product and delivery systems.

The problem with DIY and DTF arises when the franchise people reading this article decide to expand. You can’t handle all aspects of a business - it’s impossible due to efficiency. Some aspects will eventually suffer, typically the music. For the none franchise holders, what happens if you are great at promotions and marketing (DTF) but you don’t know the first thing about booking the band or setting up album distribution, label management, or PR (DIY)? Rarely do all these elements perfectly exist within one group. It’s like finding a four-leaf clover in the desert. I know I sound like an asshole screaming “you can’t win.” I’m not. I’m a realist. Agree with me or not, my job as an entertainment attorney is to set realistic goals (immediate and long term) and help my clients understand the progression at play within the industry. The immediate progression has little to do with domestic growth rather global expansion (that’s why you’re at Music Globalization!) and the reality is DIY and DTF in its traditional model will fail to exist.

I will not bore you with my globalization stats, but the music world is now flat my friends. The time to open new fan markets in Japan, Australia, Nigeria, or Norway is in the now more so then before. Everything is obtainable. The problem at hand for my franchise holders is simple – DIY and DTF is manageable from a domestic standpoint but when you open up the flow for new markets, you’ve entered a different ballpark. Do you know all the nuances with each international territory? Do you know the marketing trends, buying techniques, or worse, the immigration and work visa issues involved country by country? I’ve had clients tell me they can handle these aspects, and some may be able to. However when I ask what is your DTF model, the traditional answer is Facebook, MySpace, Reverb, etc.. will help us get noticed in international territories. Great, this may assist from a DTF standpoint, but will those “traditional” DTF outlets separate you from the millions of other groups, the billions of other songs out there in the world? “Traditional” outlets basically means everyone else is doing it. Traditional in today’s industry is death. You need to be non-traditional, do the opposite of the norm and blaze unlikely trails. To accomplish this globally you must build a team (ie. Hire those employees) who can navigate the global market and take you there. This may include managers in specific global territories, territorial booking agents, PR firms abroad, or business managers who can collect international royalties and can navigate various international taxes. As an entertainment attorney who almost exclusively handles international growth, I’ve noticed my role has changed not only an attorney but as an attorney who is expected to build an “international” team around my clients. Everyone is adapting. This is not DIY in its traditional form.

Contrary to everyone’s opinion, I’m a firm believer in DIY and DTF. Why dilute control if you don’t have to? However know your limits and know your goals. If you’re a franchise holder, you’ll have to grow and that growth will inevitably be internationally. At that point DIY takes a different form. View your band as the company President and all additional employees work for you. You’re not necessarily DIY at that point, however you still control the business if you bring on the appropriate parties. DIY and DTF will then exist in a different form but you’re still indie.

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 17 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)
TWITTER @frascognamusic

What Is Music Globalization & Why It's Essential

2011-02-14T20:17:00.000-08:00

Rarely does this blog recall personal stories. Today’s post however demands I break the mold and share a story, which will essentially address and define the blog topic. A quick tale to set the stage for the flood of comments which are bound to follow.

Prior to becoming an entertainment attorney, I enjoyed sharing my time between industry jobs and graduate school. With a foot in professional reality and a foot in educational preaching, I truly enjoyed analyzing the parallels between what was being taught at a professional level and what was actually taking place within the industry. Rarely, if ever did the two co-exist. Then came DePaul University.

DePaul had a Masters program in International Marketing, and seeing I had just completed another Masters program in International Communication I felt I could transfer several of the credits and escape with an additional degree quickly. Wrong. DePaul challenged me. The faculty insisted I tailor the program to my past, present, and future work history in the music industry and adapt the program to encompass “International Music Marketing.” Sure, sounds cool – why not. The University immediately opened up their alumni rolodex, partnered me with bands, labels, and various industry folks around Chicago to see if I could assist in expanding music business opportunities outside of the United States, and more so creating opportunities through marketing trends specific to particular countries. I’ll never forget, the first group I worked with (and pretty much all the groups to follow). They regurgitated one haunting statement: “We’re doing okay around here but we really need to expand our fan base in order to survive. We’ve decided we’ll tour in Europe and see what happens.” As expected there was no rhyme or reason to this statement, literally a we’ll poke around over there and see if something sticks type of mentality (ie: a financial black hole). Inject me.

My role was simple/complex. I begin deeply analyzing my subjects genre, domestic market, viable sponsors, label relations, etc… and would compare it to certain international markets. This was difficult seeing there was essentially no existing research to evaluate. I quickly discovered each international country had it’s own unique music traditions, pockets, fans, buying trends, concert expectations, music marketing trends and so on. Couple that with the nightmare of customs, work visas, shipping product, printing product, equipment rental, and possible immigration headaches – “we’ll try out the European market” was a seemingly unrealistic statement for the everyday band who doesn’t have backing from a major label or alignments with entertainment attorneys who truly understand international law on top of being proficient in entertainment law. In generating research (in unique ways in which I will not reveal), I was able to construct expansion plans for several bands. These plans not only identified the logical 1,2,3 steps to accomplish in terms of countries to target, but it also gave exhausting detail reports on how to market the band in those particular countries.

After completing several of these projects, I felt my work was done – next academic course, please. Wrong again. Oddly enough (to me anyways), several labels began contacting me requesting I assist in expanding their label to relevant international markets. I was stunned, not because labels were contacting me, rather because labels didn’t know how to expand the roster themselves. One label after another, same request, “help us expand overseas.” Then came international labels making the same request. I was seeing a void in the marketplace. Then (at that time) the mother of all request, Universal (in a undisclosed European market), asked me to help them expand one of their best selling artists into the United States. What? I’m thinking to myself, “you guys are Universal, please please please tell me you know how to expand into other markets?” Nope. It became abundantly clear to me that despite all the music industry chaos with illegal downloads, 360 deals, layoffs and so forth, people still were not evolving past the standard music industry business model. Example: A&R finds a artist, label signs said artist, label creates a ground swell by getting radio attention, and later finds physical distribution in areas such as music stores, Target, Best Buy, etc. to sell said music and everyone makes money. This model is now ludicrous.

So what does the above story have to do with defining music globalization? Everything. It’s the anti globalization model, the traditional mindset that music industry professionals typically have and unfortunately the thought process musicians have followed who are forced to do it themselves (DIY). Sign with a label, get distribution, tour domestically, possible pick up some international dates, and then let’s see if people like it. Times are different, the industry is different, and it’s time for everyone to think differently. Now, (for industry discussion), the world is flat. Traditional domestic expansion models are a thing of the past, and to survive you must think globally. If you don’t, you won’t survive.

Ten years ago the Billboard music charts rarely identified an international artist. Statistically speaking, around 2% of the artists on the charts were foreign in nature. Now, on average, over 30% of the artists on the chart are international. International musicians now have a strong voice on the American music scene, and American musicians and labels have to push traditional boundaries (ie: venture outside of the U.S. market). This does not simply apply to U.S. groups, international expansion is taking place in every country more so than ever before. International sync opportunities are at a high, cross continental endorsements are soaring, international film industries have exploded providing licensing opportunities, music placement in video games, unique merchandise, Apps, and global music festivals now dominate. Why would you think domestically when the world provides more opportunities than you could imagine? By simply applying these talked about strategies (ie: thinking globally), you don’t achieve music industry enlightenment. Music globalization is about exploiting all global outlets, especially through establishing non-traditional distribution through new global avenues which most of the time is too large under a DIY model. You must invest in help. Having an iTunes account which can be accessed in Spain, or a CDBaby account where someone in Greece can purchase your album does not mean you're an international recording artist. It means you've established a vehicle of communication where potential fans "could" purchase your music, now you have to drive the vehicle and get them where they "will" buy your tracks.

Many will read this article and think to them self “umm yeah, this information is a no brainer.” I agree with you, but rarely do I see people actually applying the techniques. Applying techniques, navigating international terrain, and exploring new markets is not an easy path to take. It’s a long process, much longer than simply targeting domestic markets alone, and further it’s legal issues attached that make the expansion difficult. Jumping boarders with creative elements, copyrights, sponsors and so on injects new costs (ie: entertainment attorney, international management firms, international PR reps, etc.), but because this new globalization model trend sprouted so quickly it’s not a specialty attorneys understand. Others may read this article and think I’m plugging my services as an entertainment attorney who focuses on international expansion. Yes, I understand the international issues because it's my niche, but you're wrong again. I can’t tell you how many people I’ll be straightforward with and say “no” we can’t represent you, especially if there is not a creative fit. More so, focusing on music globalization means you must give clients your focus, creativity, connections, and legal knowledge and this can’t be acquired with a large roster of clients. I keep it small, selective, and creative with my clients. Lastly, many of my regular readers may feel I’m plugging my book series on International Music Marketing (I speak about these books regularly when discussing music globalization). Wrong again. Contrary to my previous beliefs, I thought the marketplace needed a DIY book series on international expansion. However, the book series sells like garbage. Fine by me as I have a legal career to focus on, however the lack of ground swell has taught me that people don’t fully understand the need to push international boundaries (hence the reason to highlight the topic in this blog).

Whether you work in the industry as an attorney, manager, agent, musician, label, artist, or production assistant I ask you this one question: “where will you be in 5 years if you don’t apply international skills?” Seriously? Like it or not, the world is flatter everyday, we’re more connected, and we’re impacted by new cultures every minute. In addition to the mainstream globalization which affects every industry from telecommunications to engineering, look at the fragmentation taking place simply in our industry. New genres are sprouting overnight, relatively unknown bands can generate millions of hits on YouTube within hours and new musical discoveries are made on Twitter every minute. Is this generated at a domestic level or a global level?

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 11 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)
TWITTER: @Frascognamusic

5 Reasons Why You're Not Signed To A Label

2011-01-16T21:31:00.000-08:00

As an entertainment attorney my job is simple – help musicians. Sometimes helping involves revealing the bitter truth. Some bands want to gauge their industry success based on label partnerships. This is unrealistic. If you’re not signed with a label it means nothing in the grand scheme of things, but unfortunately many musicians equate a lack of label backing as failure. Instead of harping on the disappointment, groups need to understand the harsh realty at hand - labels pass for a reason. It’s these reasons which bands must understand, analyze, and apply towards their career advancement. The worst thing to do, yet the most common, is to begin blaming the surrounding cast. “Had our manager only done this……. Had our booking agent only booked us larger shows, etc…” Wrong. Listen to what the label executives tell you. Love labels or hate the labels, rejected or signed, label executives leak telling information. They are businessmen, they understand the market, and whether you want to progress as an indie or side with the label giants, regardless you are indeed your own “business.” Businesses must make money to survive. Listen to the criticism. For those musicians who haven’t grappled with the label executives, no worries, pay attention to the 5 reasons why you’re not signed to a label. Use the material to progress your own career or even bypass the labels altogether.

1. There’s Nothing Unique About Your Group
At this point everyone knows music alone doesn’t get you signed. Music is indeed the lowest topic on the totem poll. Labels are looking for a unique hook, a hook which enhances the groups musical element. More so, labels are looking for something which they currently don’t have. Bands need to show they’ve penetrated a niche in the market which labels don’t have access to. Show you’ve got a niche, and labels will recognize you’re the vehicle to take them there. Don’t show a niche and you’ve placed yourself in the same category as the other thousand bands standing outside the label’s office looking to take your head off.

2. Attitude
Never under estimate the power of a good attitude. Labels are essentially entering into a business relationship with artists and the last thing they want to do is enter into a relationship with a group who feels entitled to being signed or someone who's arrogant. You won't find a person in any industry who wants to do business with an asshole. More often than not, bands enter negotiations with this attitude of “what could you possible do for me.” Wrong. In their defense they think this is the way business is done. Hard noise negotiations tactics are for the insecure and entertainment wannabes. Rather, have your entertainment attorney negotiate. They negotiate for a living, understand subtle negotiation tactics and know which buttons to hit.

3. Funds Aren’t Flowing
Contrary to any preconceived notion, labels don’t have money. There is a small percentage of labels who are in the financial position to take on new acts. On top of this daunting nibble of information, there is even a fewer number of legitimate labels. Record labels are everywhere but the numbers means nothing. Musicians should only sign with labels who (a) are legitimate, (b) have money for development, and (c) have distribution in place. Today this is the equivalent to finding a unicorn wearing a diamond saddle who’s sitting in a pot of gold while smoking fountain of youth cigarettes with a leprechaun.

4. Timing Is Everything
Simply put, some bands don’t get signed based on timing. You may have the right package, the right deliver system, unique music, and a solid niche market but the label says “no”. If the label tells you the timing isn’t right, they are telling you the truth. Cycles in the music business make and break sales. If you aren’t falling in the right cycle in terms of market demand and genre success, hold tight, the cycle will more than likely rotate back in your favor. At this point, stay ahead of the curve and approach the label when the timing is rights.

5. The Delivery’s Wrong
Bands rarely get themselves signed and A&R is dead and has no pull. Unless a label approaches you, which is a rarity, labels hear about musicians from entertainment attorneys. Entertainment attorneys know how to structure label proposals and better yet, work with label executives on a personal and daily basis. They know which labels have money, which labels are signing, and which ones will bite on particular clients. Like it or not, attorneys can navigate past the gatekeepers and get straight to the decision makers. Rejections are common when bands pitch their products inappropriately. You get one shot. Pitch incorrectly, the door closes. Attorneys know how to pitch, when to pitch it, and where to pitch it. Use them and maximize your chances of getting signed. Not to mention your attorney should be the consistent figurehead who helps you navigate all levels, indie or major. Use them on the front end and allow them to grow with you throughout your career.

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 11 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)
TWITTER: @FrascognaMusic

11 Music Industry Predictions For 2011

2011-01-03T08:18:00.000-08:00

As the 2010 music door shuts, what does 2011 hold in store? This is a loaded question given the music industry delivers monumental changes almost daily; but nonetheless a question that must be answered in order for professionals to plot course moving forward. Mainstream music publications view the industry in territories, not globally, so you won't find answer to these questions in your everyday reading. Lucky for readers, I’m a international entertainment buff and geared up and ready to answer the above, so if you want global predictions given an eye towards global trends, you’re in the right place. Sit back, enjoy, and don’t take these predictions with a grain of salt – they will be the 2011 playing field.

1. Companies Will Hold Stake In Artists
Because so many companies are now adopting the Apple advertising model by using relatively unknown musicians in product campaigns, partnership expectations will also change. This will lead to companies expecting 360° deals just like the labels. For example, if Nike makes the collective decision to break an artist by dropping their tunes in an upcoming commercial, Nike will now expect to have a percentage stake in digital and physical sales for X amount of time. It’s an inevitable partnership now that businesses clearly understand the parallel between advertising and music.

2. Major Labels Will Adapt
Major labels have adapted to industry change about as well as I can ice skate. 2011 will be different. iPad, and it’s soon to be rivals will be the change catalyst. The new creations are making it clear to labels that that digital music and the vehicles of delivery are not a fade. Because of this, Apps can’t be ignored. He who holds the money contains control, and unfortunately (or fortunately) major labels still control the money. This means they’ll redirect their funds, stop fighting the digital warfare and begin pumping major money into App development to break their roster. 2011, expect more interface between gaming and music using Top 40 artists.

3. Shelf Space With Big Box Retailers – REDUCED
Walmart, Best Buy, and Target have already made substantial reductions to their physical music shelf space. This will continue. Instead of carrying the standard Top 40 albums, trends indicate the big box stores will ink only exclusive partnerships and carry heritage acts who have a long sales history.

4. Big Box Retailers Outside Of The United States - INCREASE
As buying trends for U.S. retailers dwindle to scary levels, Australian, Asian, and some remote European stores dominate physical sales. Why? Several contributing factors (ie: economic) but primarily because the vital relationship between non-traditional retailers and musicians has yet to explode in overseas territories. This will lead to a continuation of traditional sales methods (ie: big box stores).

5. Artist Development Will Once Again Exist
The label retaliation against poor industry figures has historically been to invest less and less into developing musicians in order to sustain long-term careers. The result, you see quick famed one hit wonders and lots of junk on the radio. Because labels will seize the opportunity by increasing their annual budgets by investing in Apps, labels will once again focus on developing sustainable careers – not one hit wonders. Likewise, A&R will once again become relevant which will lead to an increase in music industry jobs.

6. New Genres Will Generate Mainstream Impacts
The U.K. has been the latest genre maker by taking underground beats and spinning them into mainstream success through licensing contracts. As this may not be monumental at the moment, it does indicate there is a potential trend to accept non-mainstream genres for advertising campaigns.

7. The European Market Will Level Out
European musicians have made the largest dent in the global market. As American groups once controlled the Billboard charts, now European bred artists make up over a quarter. In most cases, European musicians have more crossover appeal in the States rather than their homeland. However, 2010 year end statistics revealed markets leveled out. Meaning, European musicians, because of their success abroad, are gaining popularity momentum in their respected home countries. This ultimately means European musicians no longer need American fans to be successful so touring and marketing efforts will remain close to home.

8. Traditional Managers Will Be Weeded Out
Just as labels have been forced to adapt, managers and their respected models will also be forced to change. Management models, meaning – how managers manage groups, break bands, pitch musicians to labels and generate exposure – must adapt. Why? This worked when groups wanted to sign with labels. The progression was clear – obtain a local/regional following, secure radio airplay in that given area and use these statistics to negotiate with labels. Now, nobody wants to be associated with labels. Musicians are their own labels. Managers must accept this. Getting an act signed used to be the management payoff. Now, managers must find different revenue streams to be successful.

9. Entertainment Attorneys Must Adapt
It’s remarkable that anyone can be more hardheaded than label executives, but entertainment attorneys take the cake. Seeing I’m an entertainment attorney I cringe with that remark! Somehow attorneys figured they could continue charging the same astronomical hourly rates given the economic landscape, and further, musicians today feel as if they don’t even need attorneys. Well the truth is musicians need entertainment attorneys more so than another else on their creative team, however they need a good entertainment attorney who understands the new industry playing field and works on a budget.
*For further explanation, my door is always open and my e-mail is checked three times a day – I’ll be happy to discuss: marty@frascognamusic.com

10. The Australian Market Will Continue To Amaze
Australia dominated the music world closing out 2010, and this trend will continue with a vengeance in 2011. With a strong indie label market, solid distribution outlets, and a fan base who goes bananas for live music, Australia will further separate themselves from the flailing world economy.

11. Canada Picks Up Steam
I’m constantly asked, “where is the next big market,” and I always reluctantly answer. This year it’s been easy for me to answer Canada. Why? Because the American music market is leveling out in terms of accepting international musicians, labels have yet to make a solid leap into actually signing international acts. With this said, Americans will fill this void very conservatively. As opposed to signing international acts which labels can’t afford to groom, American labels will look towards their neighbors up North. Canada, unfortunately for many Americans is considered “foreign” (musically speaking) and American fans have an intriguing attraction to Canadians. Couple that with unique radio pockets, talents musicians, and potentially strong tour venues due to their close proximity to the American border, and you’ve got a stew of success for 2011.

Martin F. Frascogna is an entertainment attorney who specializes in music globalization (ie: expanding fan bases and international markets). He consults with several labels both domestically and internationally in efforts to expand rosters and sponsorships into the appropriate global territories. Martin mainly works with indie level musicians who operate on a shoestring budget. Allowing musicians to budget for legal services as opposed to billing high rates has lead Frascogna to have clients in 11 countries on 6 continents. Feel free to contact - Martin F. Frascogna (marty@frascognamusic.com)

Thumbs Up Australia! Why The Australian Music Market is Booming.

2010-12-02T10:37:00.000-08:00

On November 1, 2009 MusicGlobalizaton made a bold statement in an attempt to predict the world’s next powerful music markets. Over a year later it appears we were dead on. Australia is BOOMING! Setting pride aside, our suggestion was only half right as the other factors contributing to the Australian industry surge could have only been predicted by Nostradamus. The Australian market is a unique animal, an emerging force which oddly enough is setting the pace for global music. As the world’s economy remains in the toilet and industry numbers plummet faster than Kanye West’s popularity, Australia’s music industry is growing so rapidly they can’t even keep up with the demand. How could this be? We’ve identified 3 key ingredient (excluding our 2009 factors), which has generated this dramatic unforeseeable upswing:

1. Stable Record Industry
There many essential elements in order to have a successful record industry – solid musicians, well run labels, willingness to adapt, and energetic consumers. Australia’s got them all. Starting with musicians, Australia’s loaded with talent that has created new artistic genres which has molded new fans all across the globe. As Australian buyers once trickled into stores to purchase the new Jay-Z, Pink, or Bruno Mars album, they now flock in droves to pick up homegrown acts like Sia, John Butler, or Powderfinger. Better yet, retailers aren’t being snipered off one by one either. As Mom & Pop stores bleed to death throughout the world and even the big box stores are losing, Australian retailers are accelerating. Take entertainment retailer JB-HIFI for example. They currently have 130 stores but plan on increasing their presence by +90% in the upcoming years throughout Australia and New Zealand.
* “Yes” naysayers, it’s true two of Australia’s independent distributors took a dive in 2010, however this was due to financial issues nonrelated to the industry impact.

2. Live Entertainment
Live entertainment in Australia is red hot. The amount of profitable festivals and music venues remains the highest in the world. Why? As the northern hemisphere is shutting down for winter months, Australia is cranking up. The continent’s an excellent outlet for traveling bands to remain active in otherwise down seasons, and better yet, Australian fans are willing to pay and pay big. While American’s are cancelling arena tours due to low ticket sales for seemingly reasonable prices, Australian pricing is comically high, yet sells. The economy is motivated, the Australian dollar is climbing and somewhat stable so people can part with discretionary spending. This, coupled with successful venues and festivals leads to profitable and multi-dated tours. Metallica has 20 arena shows while Australian super group Powderfinger secured 300,000 occupied seats in Australia alone.

3. No Reliance
Due to the homegrown success, Australia, for the most part, can remain unaffect by global industry windfalls. Their unique musical ecosystem does not have to rely upon global sales, global distribution, and artist success abroad in order to be successful. This is abnormal. For example, many countries due to the lack of legitimate promoters and marketing arms rely heavily upon Live Nation to drive concert revues. Australia is cluttered with successful promoters which has essentially made Live Nations arrival irrelevant. Their labels are successful, distribution foundation is strong, and the overall infrastructure is prepared for growth. Better yet, the infrastructure is prepared for digital growth.

If you’re looking for more information on how to penetrate the Australian market, find a label, partner with a festival, or market music, please contact entertainment attorney Martin Frascogna (marty@frascognamusic.com)

Looking to expand into other countries? Visit: www.marketandpromotemusic.com OR www.frascognamusic.com

4 Ways to Gain International Exposure

2010-11-01T13:30:00.000-07:00

Everyday I’m hit with the same question from potential clients – “how can I gain international exposure?” The reality, that question is loaded with so many moving factors it can takes months to dissect musicians and potential international markets in order to give a competent answer. International expansion is tedious and it requires the expertise of professionals who know the global scene. In an age where international expansion is necessary, it’s frustrating to watch talented artists haphazardly tackle these elements. However, for the ones who don’t want to invest in extensive music globalization help, here are 4 DIY factors to consider. These factors are by no means the magic bullet, they are not exhaustive, and they do not guarantee overseas success. However based on compiled research over the last couple years, this is an accurate basic representation of the mass-market generic pill if you want to expand. Just as this site accurately predicted The Next Big Music Markets over one year ago, Vegas odd on these tips are pretty good.

1. Target Italy
Italy’s music market is a vexing animal. Italian musicians contribute less than 7% to the Billboard European Chart and less only 1% on the Global Top 100 Chart. By no means is the country a juggernaut of a music market and is doubtful to become a self-sustaining musical ecosystem like L.A., London, and New York. However Italy brings something to the international exposure table in large numbers that nobody else claims in today’s down economy- tourism, tourism, tourism! Italy packs close to 20+ million tourists into their country every year, primarily in the summer months. This is about one tourist to ever 2.5 Italians, and because of this Italy’s tourist should be targeted like no other. Italian tourists come from all over. Figures suggest every year Italy draws tourism from close to 60% of the countries on the world map, substantially higher than any other tourist destination. Best of all, Italy’s tourist want to soak up everything Italian – music, culture, and music.

2. Understand The Regions
Italy consists of 20 various regions, all of which could essentially be different countries with different market trends. What makes this unique is the microcosm of countries involved. For example, French tourist may migrate to Italy’s Northern borders, and Japanese tourist may congregate to the South. If your music is well accepted by Germans, you may then target German tourism hotbeds within Italy. The fact you’ll be heard in Italy only enhances your market value when Germans run back to their respected homes.

3. Find a Non-traditional Retailer
Italy’s mass-market music chains are in the toilet, even more so than the rest of the globe. However Italy’s non-traditional music retailers are booming. Musicians from all over the globe have found Italy’s non-traditional outlets a huge success as many now solely focus upon these outlets even over iTunes. Need tips for pursuing the right non-traditional retailer, no worries CLICK HERE. Because Italy is experiencing a tremendous climb in the amount of non-Italian artist carving out success, non-traditional outlets are even more in tune to partner with non-Italian artists.

4. Make a New Best Friend
Italy is swarming with music festivals, mainly focused upon the local level within each individual region. For this reason alone you rarely hear about Italy’s booming music festival market from festival lovers. Believe me, the music festivals are there, just not internationally promoted. As most countries have promoters that control the festival market, Italy has the assessore alla cultura. These individual are typically appointed within each region, city, or town and control all the cultural events in their respected pocket. Unlike region promoters, assessore alla cultura will be the gatekeeper for all entertainment coming and going, and more so will interested in booking non-Italian entertainment. Need tips on how/when to approach these individuals…………………………….

To get even more specific, check out the A to Z guide on How to Market & Promote Music Internationally. It’s packed with contacts, festivals, record labels, and tips for expansion. PURCHASE INSTANTLY HERE

www.marketandpromotemusic.com
www.howtomarketandpromotemusic.com

Don’t prefer the DIY model and want specific international entertainment legal help? Contact: marty@frascognamusic.com
Follow on TWITTER @Frascognamusic

How American Hip-Hop Lost Its Global Foothold

2010-09-30T10:25:00.001-07:00

Hip-Hip generated within the U.S. border has dominated the world scene, but that dominance is quickly becoming diluted. Outside of hip-hop and blues, rarely could these sounds be recreated on a global level. In that regard, Brooklyn, Atlanta, St. Louis, Detroit and Los Angeles became inherently unique. Walk into clubs from Moscow to Mississippi and hip-hop, or hip-hop influenced music controlled the playlist. Up until now, hip-hop was purely American, purely urban, and was only a flicker of inspiration for worldly musicians because it was impossible to duplicate, and be authentic, unless on U.S. soil.

I don’t claim to be a hip-hop aficionado and I surely don’t claim to understand the nuances within the genre. However, from a purely global sales and marketing perspective, my opinion is relevant. Everyday I’m dealing with my entertainment legal clients complaining about declining sales. There’s a reason it’s happening and it’s not just the economic downturn. The days of becoming a hip-hop artist aren’t breed in the American streets anymore, rather Beijing, Paris, London, and even Oslo are cranking out hip-hop stars. Why the sudden shift? How did American hip-hop artists let this happen? The answer- music globalization.

American hip-hop is the ideal example of efficient grassroots promotion. Artists are typically homegrown and masterful technicians of face to face networking. Albums are sold out of trunks, concerts spawn from impromptu gatherings outside the grocery store, and project collaborations take place on the spot. A tremendous amount of success has been established from minimal music resources. As hip-hop careers progress, musicians start labels, handle business, book their own shows and develop regional distribution all on their own. No corporate dilution. However, when mainstream popularity approaches, so do mainstream outlets. To get music in Helsinki you need a distributor. To get music played in Dublin you need radio contacts. To book shows in Cape Town, you need a global agent who constantly keeps a swell of excitement. These are areas American hip-hop have failed to progress. Now more than ever, keeping things local is a crutch rather than an asset and this is why American hip-hop is losing its global foothold. This is a lesson that cuts across all genres.

“Yes” it is true American hip-hop is still prevalent in clubs, bars, and sporting events around the globe, however the sexiness is wearing off. Americans for the most part have influenced the world, influenced new hip-hop stars located in unlikely countries. Urban stations in foreign countries no longer carve out 50% of their playlist for American artists, rather their comfortable with their homegrown folks. The tracks that do make it aren’t because of American grassroots marketing, it’s because the song’s mainstream and visible to an international market. The danger now lies in what happens next. International hip-hop stars are signing with major labels, major agencies, and major distributors rather than pursing the American grassroots model. Essentially, they stand to spread and spread fast. Does this further dilute the American hip-hop scene, only time will tell, but it’s essential to take promotion out of the local and into the global.

Want constant global industry updates?
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Artist Suggestion - SEPTEMBER 16th

2010-09-14T19:08:00.000-07:00

Showmanship coupled with roots music and soul is a rarity in today’s music scene, but if you find it to quench your musical thirst more than likely it’s not being delivered by a white kid from Boston. This month’s artist suggestion is Eli Paperboy Reed, but no credit to Music Globalization for this discovery, as Eli has already conquered the hipster scenes from London to L.A. What makes this artist inherently unique is his appeal from teenyboppers to dirty blues lovers, leaving no market, fan, or country untapped from a cross promotional and endorsement standpoint. A music historian with soulful chops and showmanship to match, check out the entire CD and purchase it at iTunes.

Artist: Eli Paperboy Reed
Track: Come and Get It

4 Music Industry Books You Must Read

2010-09-14T18:53:00.000-07:00

The book industry is cluttered with music products that claim to be the leading “must read” sources for professionals. The reality-there is as much trash out there as MySpace has garage bands. In weeding through the rubbish, there truly several books which continue to provide staple information. The true “must reads” amongst the group of garbage. A music industry book library should be diverse, ranging from basic to complex, but hitting all the taste buds on your musical pallet along the way. Just like anything there should be a good foundation which supports the concepts to be pilled on for generations to come. For bands, managers, labels, and agents looking to push the boundary into an overseas market and fill your head with the best industry knowledge, here are the four music industry books you must read:

1. This Business of Artist Management
There’s a reason it’s in a 4th edition and continues to be one of Billboard’s best selling books—it’s a classic! It doesn’t matter if you read it now, or ten years from now, the concepts will always apply. Unlike its counterpart, This Business of Music (also a good read), This Business of Artists Management lays out concepts and terminology which can be applied by all professionals, whether a musician, attorney, or label. Once you wet your pallet with This Business of Artist Management, move along to -

2. The Future of Music
The book taps into essential concepts which were published at the appropriate time. In the past, industry books focused on the dinosaur model-molding musicians with labels as opposed to merging musicians with an industry DIY model. The Future of Music strokes the tip of the iceberg, transitioning into the now booming digital marketplace. Slightly outdated, the missing issues (ie: Soundcloud, updated statistics, etc..) are irrelevant. The Future of Music is sure to provide an eye opening experience for musicians when viewing raw industry numbers as to what makes albums a success. Feel like you’ve got a good grasp as to where the industry is heading? Move along –

3. When Cultures Collide
Correct, it’s not a music industry book, however When Cultures Collide may be one of the most relevant sources in today’s music economy. Why? As the dinosaur model shifted to a digital DYI age, the current pendulum swing is pushing international boundaries. Recommendations one and two won’t get you there, but When Cultures Collide provides quick and simple concepts to help identify country by country behavior nuances. The book should act as a day to day reference guide when you want to know about expanding into particular target areas. Ready to rev up the plane and head overseas for music tours? Review -

4. How to Market & Promote Your Music (International Book Series)

The industry is steamrolling through borders while musicians and labels can develop DIY international swell to combat dismal domestic statistics. Expanding into international markets is easier said than done, and there isn’t a product on the market that solely provides specific information about expanding country by country. Now, this book does. Similar books have failed to highlight A to Z information on international expansion simply because they attempted to tackle the issue decades before it became relevant. Not only does this series provide essential information about varying music cultures, it identifies when to tour abroad, how to obtain international radio play, etc. Most importantly it provides a working contact directory for all the major players in A&R, labels, attorneys, managers, production companies, and publishers. Try to find that anywhere else. The first three releases in the series are:
How to Market and Promote Music in SWEDEN (Oct. 1 2010)
How to Market and Promote Music in ITALY (Nov. 1 2010)
How to Market and Promote Music in CANADA (Dec 1. 2010)

Find out why these three countries provide music markets that are essential linchpins in today’s music industry. Also view behind the scene footage with the authors - HERE.

You may also purchase the books HERE

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3 Most Common Contract Mistakes With International Music Gigs

2010-09-02T19:26:00.000-07:00

With today’s DIY mentality it’s easy to find yourself on thin ice when it comes to handling international gigs. Bands can go from opportunity to disaster with the stroke of a pen. It’s not just bands who fall victim to the international business deathblow, rather managers, agents, festival organizers, and especially attorneys create carnage along the way. Ninety-nine percent of the time the unfortunate fate is caused by ignorant error not industry greed, that’s way it’s important to align yourself with the right entertainment attorney or a manager specializing in overseas affairs. However if you still prefer the DIY model, here are the 3 most common mistakes when it comes to international music contracts:

1. The Devil’s In the Details
Top priority for any contract lies in the language, but a common mistake with international contracts is bundled in decimals, comas, dates, and time. Decimals are not a universal language. For example, many countries use (,) much like a (.) is used with indentifying dollar amounts. A $10,000 gig in the U.S. may read 10.000.00 or 10. somewhere else in the world. This may seem like an obvious detail but unless you’re looking for it gig agreements can quickly be misunderstood. Further, dates are written differently around the world. A September 1st, 2010 date may look like: 100109 or 01.10.09 or even 11110. The combinations are endless so be familiar with the particular nuances used by the country you’re dealing with. Finally, stated times can be easily mixed up. The world operates on a 24 hour clock, but the U.S. works on an AM / PM system. If you’re a band looking to play a gig in Moscow and you issue a contract stating 9:00 as the start time, you just roped yourself into a 9:00am show. If you meant to state 9:00pm, the correct implementation is 21.00. Be fully aware that the AM/PM and use of (:) are totally irrelevant with international contracts.

2. Plan Before Hand
A majority of international gigs aren’t “cash on hand” type opportunities. This means payments are traditionally secured by wire transfer as opposed to cash transactions. This especially applies to tours or substantial size performances. Wire transfers require fees, some substantial and some minimal. Either way, a contract needs to state who is paying the wire transfer fee before a signature is stroked.

3. Lobby for Language
Without a doubt you should fight to have all contracts in your native language. This can often be a deal breaking aspect, but when you begin dealing in languages you don’t understand many things can happen. (1) If you assume the contract is legit based on previous dealings and then you sign it, you’re sunk. NEVER sign something you don’t understand. (2) If you rely upon free translation services which many bands and managers do because they are abundant on the web, many times the ‘teranslations services are not a word for word translation. This means language is left out and the absent language may be the difference been a favorable contact and a killer. (3) If you sign a contract written in another language, legally speaking you’ve taken away any argument that you didn’t understand what you were signing. Sometimes this can be grounds for contract termination, but this isn’t the case when you begin signing documents in various languages. If you’re American, get the contract in English. If you live in Brazil but playing in Finland, issue the contract in Portuguese. You get the picture.

UPDATES:

They’re here! Over the past two years a crack team of industry professionals and I have been constructing a complete A to Z book series to help aspiring musicians, managers, agents, and attorney’s venture into markets abroad. The books identify marketing trends, concert promotion tactics, and a slew of industry contacts from label executives down to booking agents in each target country. Starting October 1 you may purchase the book series at: www.howtomarketandpromotemusic.com

How to Market and Promote Music in SWEDEN
How to Market and Promote Music in ITALY

Enjoy.

The Importance of Album Artwork and Its Global Implications

2010-08-15T20:13:00.001-07:00

The recent Vampire Weekend album controversy has stirred up a large pot of debate within the music industry. As the music media has already ventured elsewhere with its stories, industry players continue to watch this landmine of a problem very closely. The legal complexities behind the album issue can stump the most highly decorated intellectual property attorneys. Because of the layers involved, it appears the only way to untangle the album mess will be with litigation. For the everyday musician – who cares about this mess? Vampire Weekend and their respected label surely have bags of money lying around. Well the everyday band should care about this problem because it’s highlighting a very important aspect that has long been overlooked – what is the value behind an album cover and who controls it? More so, what are the global implications attached to album artwork?

There is a massive misunderstanding behind album photos and/or artwork design. Just because you hire a photographer, graphic designer or art director to piece together an album layout design, you don’t necessarily own the product. Music photographer, music veteran, indie band lover, and personal buddy, Tom Beck has shot many an album covers in his days and explains this issue from the other side of the fence. “As a band, first you need to obtain licensing rights to the image. Even if you hire a photographer, he owns the copyright to the photography and you must pay to license the photos on top of the photographer's fee. And contingent to those licensing rights may be a model or talent release to use a person's image in the photograph. What's a model release? It says that a person whose recognizable likeness is used in a photo gives permission for their image to used in the photograph. There could be many contingencies to this contract (geographic location, time period limitation, etc.), so you need to make sure the photographer has this info and that it's correct.” In this industry turned indie, people are forgetting the intellectual property aspects involved which ventures far outside of music alone. The Vampire Weekend bomb has retuned photographers into the importance of their music/photography related copyright. Rightfully so, they are highly involved in the creative aspects through the power of first impressions.

Musicians have a limited amount of money when they enter the album process and acquiring rights for album artwork has typically been an intangible element. It’s difficult to justify spending 20k on recording an album then turn around and spend 5k on acquiring rights for album artwork on top of paying a photographer or graphic designer 2k for a photo shoot. However, this is a necessary element that bands need to control. Musicians are their own brands and as a musician you want to control all creative aspects associated with your “brand.” Just as you would fight with a record company to control masters, fight to control all creative aspects as well (trademarks, photo copyrights, musical copyrights, etc…). At the end of the day it all comes down to marketing the “brand” and he who holds the key with all creative rights holds the money. When negotiating usage be very tuned into the usage terms (this is where your entertainment attorney plays a key role). If a band is granted a license to use the album artwork in a release for X amount - where do you have rights? Are these European rights, North American rights, South American rights, etc…? A photographer or designer can grant permission to use album artwork in the United States for a $500 fee for example, but as soon as you release the album in Italy, U.K., Greece, Poland, and so-on, you’ve breached the contract and opened the door for litigation. Don’t make this mistake. Difficult “yes”, but you can’t view album artwork as a money pit. Album covers represent the brand, the first impression, the interest spark, the face to what’s inside the jewel case, so take it serious and invest. Do you think Vampire Weekend or their label wish they could have a mulligan as opposed to being sued for 2 million? Take responsibility, invest accordingly, and control your brand.

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Artist Suggestion - JULY 25th

2010-07-25T13:02:00.000-07:00

As the Mumford & Sons wave of popularity continues to make its mark on international charts, bluegrass-folk is slowly becoming an acceptable commercial genre. However, few acts can penetrate the style in becoming mainstream stars. David Loris out of Rome Italy stands to make this impact. He not only has the tools to cross country lines from a marketing standpoint, musically his album has tracks prime for licensing opportunities. In his short stint Loris has already licensed tunes for Italian film Tutto l’Amore del Mondo. Armed with creative chops, a good business team, and a well produced video, look for his debut album to progress through the U.K and U.S. markets.

ARTIST: David Loris
TRACK: A Simple Chain Reaction

How to Book International Festival Gigs

2010-07-15T12:49:00.001-07:00

It’s that time of year again where bands come out of the woodwork with alleged international tours. There is a giant gap between running with the bulls while listening to your iPod and actually “touring’ in global markets. Regardless, bands from north, south, east, and west are looking to expand their listening markets during the summer months but many don’t know the first thing about booking global tours at an entry level. Let me give you a skeleton and then some meat - here’s some inside tips to help navigate past the red tape. Follow these tips and you'll be taking Justin Bieber's fans away from his playpen and attracting festival fans of your own.

1. Geography Lesson (the basics)
There are two schools of thought when selecting international festivals. First- analyze where as an artist you want to expand, see if that particular geographic location typically has success with your genre of music, and then begin researching tours within that country. Second- work backwards. Locate successful international festivals, research whether that particular festival could potentially expand your target market, and then build a new marketing plan in country X for your expansion. There are boatloads of websites that help identify international tours but one of the simplest and logical approaches is to visit tourism sites in those particular countries. More times than not, sites will indicate the “go to” person for that particular festival unlike industry sites.

2. Avoid the Black Hole
Once you can identify a country (or) festival, it’s time to submit your information. Assuming at this point everyone has an EPK, it is best to continue using this as your primary ID. However, do NOT use the standard methods to submit your music for festival consideration. Does this look familiar: “For festival consideration please submit your EPK or SonicBids to info@festivalxyz.com .” Industry translation= “BLACK HOLE” and you’re never playing that festival. Don’t let the festival dictate the rules of submitting information. If you do that, you’re sunk. Typically festivals are flooded with hundreds of thousands of applicants, all of which can’t be evaluated. The tip here, don’t submit music by traditional methods, rather find key people working within the festival and use them as your internal promotional machine. Not equipped to solicit friends? No worries. Dig around and do some research on booking agents in the area. Nine times out of ten, musicians playing international festivals don’t come from the submission process, rather local booking agents, national agents, brand expansion, and internal friends. Still not comfortable, try tip 3……

3. Use Business As Your Entry
Festival organizers speak the language of “ticket sales and sponsorship.” I know it’s a blow to artistic hopefuls that music isn’t the main focus, but unfortunately it’s not. If you’ve worked with a business, corporation, brand, or store in the past (particularly with tours), ask the marketing director to make a call to the festival office to push your potential involvement. This is where past relationships can kill you or pay off. One, this will be well received because it’s not coming from the band itself. Two, it will elevate the status of the band that someone (not in the band) is vouching for the music; and three, festivals organizers will view them as potential sponsors. Regardless if their legit sponsors or not, organizers will have to win over the potential sponsor (ie: by booking you) in order to have a hells chance on the business.

4. Use Your Secondary Sources
Break out your big guns by approaching the global festival market with steps 1-3, but if all else fails, go secondary. Cities and towns are usually busting at the seams when festivals role in and that means live music venues bring their A-game as well. Feed off the musical buzz in the area, and to do so, book the secondary music venues (ie: anything not tied to the festival). Musicians still reap the benefits but have less restriction when trying to book the gigs. Festival acts often can’t play the local venues due to their festival contracts. You can, so take advantage of it.

LEARN MORE HERE

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For legal representation or international expansion contact: marty@frascognamusic.com

Why The Mexican Music Market is Set to Explode!

2010-06-18T13:51:00.000-07:00

On the heels of Arizona’s immigration changes, Mexico stands to gain an industry explosion on their own soil. The general musical landscape of Arizona and its neighboring states has always proved a highly beneficial touring ground for Latin acts. As stricter policies are being implemented the amount of Latin touring acts will no longer place Arizona on the tour route. With Arizona dates depleting, tour spots in New Mexico, Nevada, Texas, etc. will also dwindle because touring the region for single beneficial dates will not prove financially viable. This soon to be touring death will butcher Latin sales in the Southwest region of the United States, especially since Latin artists, more so than any other performers, move product by gigging. It’s a microcosm of the same issues the U.S. faces due to stricter visa implementation for performers. This new landscape is Mexico’s entertainment industry gain.

Mexico, who’s industry has experienced a dismal double digit decline over a three year period, is finally seeing a ray of light. The country charted a slight increase in digital sales in 2009 to finally get back in the black, but still remains in the red with physical sales. Arizona’s immigration policies will force touring Latin acts to turn away from the once U.S. hotspots and hit up Mexico. This will inevitable jolt physical album sales through the roof, continue the steady incline of digital sales, and boost the already successful ringtone and streaming market. Not only will numbers skyrocket, Mexican album charts indicate there’s no competition from mainstream U.S. acts to challenge these figures. The occasional Top 40 pop artist weasels their way on once in a blue moon but it’s never a substantial jab which causes mass album sales to justify a tour.

The world works in strange ways, and despite frustration about the North American immigration issue, Mexico is about to challenge the global growth market. When compared to the other 2010 candidates for substantial growth: U.K., South Korea, Brazil, Australia, Sweden, and India, none of the other territories are experiencing massive change to inadvertently shift their industry. Latin artists – take advantage of this new paradigm immediately. Not a Latin artist and want to know where to expand your career, read more HERE.

Follow on TWITTER for constant updates
Want more or need industry help?: www.frascognamusic.com

4 Ways Glastonbury Will Change The Festival Market

2010-06-15T14:20:00.000-07:00

As the legendary U.K. Glastonbury Festival is quickly approaching there are several noteworthy developments that command attention. Not only are these recent developments important to the touring market, they stand to transform the entire festival landscape. 2010 Glastonbury injects a level of sophistication that has been unmatched on a global level for festivals and concerts alike. The festivals alignment with media giant BBC allows the festival to extend their reach from regional to overseas TV distribution rights, movie theatres, highlight licensing rights to 14+ countries, along with potential penetration into Latin America and Asia. Overnight the festival goes from a top notch European festival to a global brand and will continue to grow. Warped Tour, you’re great but good luck competing with this. Lollapallooza, not even the city of Chicago can elevate the interest to Glastonbury levels. Bonnaroo, good luck with that s***.

Do these new additions equate to positive change? Who knows, but one thing’s for sure, festivals won’t be the same once Glastonbury rolls out this year’s red carpet. How will it change festivals, well let’s take a look:

1. The Bar is Raised

With the now extensive media reach of Glastonbury they’ve essentially raised the bar for all festivals to come. Clearly all festivals are different and nobody expects the Uncle Bob’s Music Festival to blanket the globe with media, but large annual events such as Lollapollooza, etc.. will be expected to anti up for their share of festival goers. Huge media attractions will likely become the standard if Glastonbury goes off without a snag. This forces organizers to become more creative and resourceful.

2. More of the Same

Yes the last sentenced ended with “creative and resourceful” but unfortunately festival fanatics will see more of the same. As the bar rises with more media involvement, media will want to see A-list artists in order to be attracted for partnerships reasons. This means the same predictable line up of performers (ie: which ever Top 40 artists who aren’t on their own tour, mixed with the conventional B-list musicians). Festival bookers will lose absolute freedom in booking and become forced to narrowly book talent on the current charts and talent who attracts media involvement.

3. Less Indie Involvement

For the same reasons above, less and less indie musicians will be booked for festivals. This alone drastically changes the festival landscape. Sure people love to see the new up and coming bands, but media and sponsors don’t want to chance it. This could potentially drive indie musicians to newly emerging indie festivals that will take years to develop in order to gain the POW impact larger festivals offer. This forces indie exposure deeper underground as much of the indie industry relies heavily upon festival exposure to move boatloads of merch, which helps them compete with majors number by number.

4. Interactive Experience

When events grow and gain more accessible exposure they run the chance of interactive paralysis. Sure I would love to go to Glastonbury but if I can sit on my couch and watch it, I’m in! This has an effect. Example: If there is less demand to attend the event (which is likely to happen if people can then view from home), the festival can make their money by licensing the concert to media but in order to offset that risk they drive up the ticket pricing in order to assure profit. In essence the more accessible interaction with non-ticket buyers drives up cost for ticket buyers.

UPDATES:

Music globalization missed a post due to the fact I was fulfilling production duties for the 4th annual Peavey Awards co-hosted by Peavey Electronics and The Recording Academy. For the forth year I acted as associate producers for the event held at the HardRock Casino. I had the honor of working with new Grammy winning musicians and some legends of the past. Also, I’ve been focused on several new clients from around the globe, all of which I’m hopeful the listening public will see big things from in 2010. The ABA (American Bar Association) book project, which I’ve been discussing for over a year, just finished the editing phase and ships to the publisher this month. I, along with 5 other entertainment attorneys were asked to be contributing authors. This will be the only entertainment based booked released by the American Bar Association and will become the leading (and only) source for attorneys around the globe pursing legal/entertainment based careers. Finally there are 2 Artist Development Plan slots remaining for 2010. Only 12 are hand selected each year, which represent the musicians our firm feels can capture huge things in the industry from a licensing, publishing, and touring standpoint. If you’re interested in submitting information to be considered, send a direct e-mail to maryt@frascognamusic.com . The plans essentially assist musicians expanding their careers globally, how to position themselves correctly from a marketing standpoint and provides label contacts.

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4 Ways The World Cup Will Effect The Music Industry

2010-05-06T19:15:00.000-07:00

Come June 11th, 2010 not only will people around the globe partake in the most celebrated sporting event in the world but the music industry potentially stares down the barrel of revolutionary change. The World Cup, hosted by South Africa, represents the perfect storm of global music growth. Unlike previous years in France, Korea, and Germany, their respected musical acts had yet to develop on massive scales by tapping into the global mainstream market. South Africa on the other hand resides in a unique cradle where the homegrown talent is obtaining mainstream acceptance and they’ve created a self-sustainable industry on their own that may soon rival music power countries around the world. The 2010 World Cup is a platform that South Africa understands and given the recent surge in the South African music market, the country stands to gain fast track success. With 70% of the performing musicians on the World Cup coming from African countries and the remaining 30% spread among mainstream A-list acts, the viewing public will visually interpret the domestic acts to be worthy music A-list status. Get ready for a new era of music, another year Italian soccer domination, and hundreds of new doors opening for tomorrow’s up and coming indie acts – 4 Ways The World Cup Will Effect the Music Industry.

1. It (Re)Introduces Unique Music Platforms

Despite what people may think there are far bigger platforms than the Super Bowl for that “feather in your cap” exposure. Cricket matches tap into a much larger global viewing demographic than the Super Bowl and the World Cup challenges all those numbers combined every 4 years. For an indie artist playing the Super Bowl may be virtually impossible but cricket matches, the World Cup, and various global sports phenomenon’s become much more obtainable exposure outlets. Example: if the Super Bowl is held in Miami, music venues surrounding Miami will play host to the best of the best in regional and national entertainment. The venues however aren’t attracting listeners from around the globe, rather regional and domestic party goers. The exposure, although great, has no lasting expansion. Transition to the World Cup – venues around the numerous South African stadiums will remain packed with listeners (potential fans) from dozens of different countries. The music venues are more obtainable to book and the newly generated potential listeners are keen to be impacted by various musical styles which they may carry back to their respected countries. The World Cup essentially reintroduces the global market to the ultimate musical outlet every 4 years. This years Cup in particular, given the strength of the domestic artist roster and the countries industry success, stands to say “hey, we don’t need the Super Bowl, we don’t need U.S. stadium tours, we’re fine with what’s in our backyard.”

2. It Introduces New Artists On a Massive Scale

Listeners get stale quickly. With so many acts being exposed daily it remains difficult to digest the new up and coming artists. Top 40 artists aren’t necessarily the demand these days, as people want niches, uniqueness, untapped acts, and freshness. Given the overwhelming majority of this Cup’s musical roster being virtually unheard of acts outside their domestic borders, the world will rapidly be exposed to the hit makers from a handful of countries. Until exposed to massive platforms many of these artists would go unnoticed outside of their respected countries.

3. Doors Open for International Licensing Deals

New exposure from bands typically not in the public eye peeks the interest of advertising executives. New fans, untapped markets, and an explosion into the limelight equates to licensing opportunities across the equator for bands of all levels. Essentially African bands are opening the door for everyone by showing you don’t have to be an American super band to penetrate worldly markets. This new trail will allow bands opportunities and interest from businesses and advertisers no matter their country of origin.

4. South Africa Becomes a Touring Hotbed

The Cup will bring global attention to the African music scene that at times has been forgotten. The added exposure from domestic bands being showcased should naturally lead to a higher demand for not only regional bands but an increase in music venues, ticket purchasers, and a broader market open to bands of all genres and origins. Essentially the South African music lovers will take their sophistication to new heights when bands from around the globe flood the market looking for new outlets. South Africa and surrounding areas will become touring staples as opposed to spotty financial touring black-holes.

Enjoy the Cup. Forza azzura!

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Artist Suggestion - APRIL 23rd

2010-04-23T13:40:00.000-07:00

Gogol Bordello is a near perfect illustration as to what the music globalization concept is about. Taking musical inspiration fragments from a variety of cultures and packaging it in such a way to maximize global marketing opportunities. Pick your poison as to what makes this Artist Suggestion unique: the mesh of a Israeli guitarist, Latin American percussionist, Russian accordionist and violinist, Ethiopian bassist, or the Brazilian born rapper. Maybe it’s their innovative genre: ska, polka, reggae, punk, klezmer, or self proclaimed gypsy punk? Regardless of the attraction, obscure genre, or their well oiled image, Gogol Bordello is about to become an absolute force on the cross-over marketing and promotional front. Enjoy.

ARTIST: Gogol Bordello
TRACK: Misto!