Sharp Audio

noreply@blogger.com (Jeremy Sharp) — Mon, 19 Dec 2011 04:29:00 +0000

I'm a master!
After completing my degree program, the real work begins

Well, I’ve done it. As readers of this blog are aware, I have been working this past year on a master’s degree from Full Sail University. After a brief setback (I failed one of my courses and had to retake it) I have achieved my goal. Now it is time to put what I learned into practice.

The idea for Band Off came to me several years ago. As I began writing a business plan to support the idea, it quickly became clear that I was not the right man for the job of running the business. Full Sail emerged as the best candidate for learning the skills I lacked. As part of the process, I completed a business plan, which will make the task easier and more rewarding.

The next step is to present the plan to potential investors, people who can move it forward. Working with local businesses in our small town to raise money for arts and music education is an exciting prospect. I am convinced that I can help others, help myself and even help improve the financial position of the town, as well. The leadership and communication skills I learned at Full Sail will stand me in good stead as I move forward.

I have six months before the first Band Off music competition and alternative lifestyle fair. That should be enough time to get done what I need to get done. It is cutting it a little close, but after waiting and working on this project for so long, after all the effort I have already put into it, I am eager to get started. In fact, I’d better get to work!

Wish me luck and look for the Band Off competition in the lovely little town of Sebastopol in Northern California. It is a band competition like nothing you have ever seen or heard.

noreply@blogger.com (Jeremy Sharp) — Mon, 05 Dec 2011 01:23:00 +0000

Show me the money

Alternative sources of income for entrepreneurs and small business opens doors

All start up businesses require a certain amount of capital. Our Band Off festival is no different. There are different ways to raise these funds, like borrowing the capital from relatives or seeking individual investors. There are also other, less traditional avenues available to the discerning entrepreneur.

NCIF

The National Community Investment Fund is one of these alternative sources of financing. NCFI invests money in Community Development Financial Institutions. Individual CDFIs, in turn, invest the money in low-income areas, giving the less fortunate access to home loans and business capital. According to the website, www.ncif.org, “CDFIs help bridge the growing U.S. financial services access gap by bringing capital and financial services to low-income people and communities, affording them access to capital to start and expand businesses, build and purchase homes, and develop needed community facilities.” There are almost 500 CDFIs in the US, ranging from banks to venture funds.

AEO

The Association for Enterprise Opportunity, a national membership organization, works to sustain microenterprise in the United States. The focus on helping underserved entrepreneurs in starting, stabilizing and expanding their businesses. According to their website, www.microenterpriseworks.org/, there are 25.5 million microbusinesses, defined as one that employs between 0 and 4 people, in the US. California is home to 3.2 million of them. If 1 in 3 of these businesses hired just one more employee, our country would achieve full employment. AEO member organizations work to make this happen by making direct loans and offering mentors to help entrepreneurs succeed.

CDVCA

Another group funneling capital into underinvested markets is the Community Development Venture Capital Alliance http://www.cdvca.org/. With a tagline like private equity for the public good, their money won’t be available to just anyone. But it is available for some. “CDVCA promotes use of the tools of venture capital to create jobs, entrepreneurial capacity and wealth to advance the livelihoods of low-income people and the economies of distressed communities.” As a rural business promoting public enterprise, Band Off may well fit under their rubric.

noreply@blogger.com (Jeremy Sharp) — Mon, 14 Nov 2011 05:07:00 +0000

Teaching new dogs old tricks

Online tools help amateur musicians get their music noticed

There are many tools in a musician’s bag of marketing tricks. From iTunes to Facebook, opportunities abound to get noticed. Three important tools that a novice might not necessarily be aware of, however, are:

Electronic Press Kits
Blogs
Gifting

EPK’s

I wrote about EPKs (as they are known in the industry) in September. http://sharpaudio.blogspot.com/2011/08/putting-together-electronic-press-kit.html As I pointed out back then, even Elvis has one. You should have one, too. They are easy to set up online and make it easier for the booking agents out there. The easier you make the job for the booking agent, by providing press clippings and promo pictures, video links, band biographies and a stage layout, the easier it is for them to book you into a gig. The EPK helps the band, too, because it consolidates a number of repetitive tasks, like communicating band needs to the management and personnel of a club, into a single action.

Blogs

Fans these days have come to expect a little value added to their patronage. They want more than just a CD - they want a life experience. Traditionally, these fans might assuage their needs by attending a concert and taking home a t-shirt, or perusing the magazines while in the check out line a the supermarket. These days, the musician has a more powerful tool: the blog.

Blogs allow fans to follow the work of the creative artist from the outside. They also help the savvy musician to secure her place in the market by using SEO techniques.

Gifting

Musicians are conditioned not to give away their music, since selling it has often been the only way to make money off of an ephemeral song. Which is why giving something away can be an unexpected means of increasing your fanbase. Or so suggests David Hooper in an article posted on Music Marketing [dot] com. http://www.musicmarketing.com/2011/10/sell-more-stuff.html

He mentions two ideas

Sell three CDs for the price of one during an initial push phase. Rather than illegally copying the tracks to give to friends, your fans can give them original copies with your artwork, contact info, etc. And you are likely to wind up with new fans.
Or try it with tickets. Your fans will invite friends and family to join them for your live gig. These new people will, more than likely, become fans as well.

noreply@blogger.com (Jeremy Sharp) — Mon, 31 Oct 2011 22:54:00 +0000

Digital landscape changes music industry
New technology is allows small producers to play with the Big Boys

The digital landscape has changed things for everyone around the world (who new 20 years ago that Google would become verb?). But perhaps the most significant change, as mentioned in the Future of Music blog, comes in the recorded music industry.

As you can see from chart one, in 2000 the majority of music sales came in the form of CDs. Over the next four years, that percentage continued to grow. But in 2004, a change began. By 2010, the CD dropped below half of royalties earned, while downloaded singles and albums reached 32%.

The impact on the individual artist cannot be overestimated. Before, the huge marketing machine created by existing labels was required to get an album in the hands of the consumer. With the advent of digital downloads, pioneered by Apple with their iTunes software, anybody could get an album in the new virtual stores.

With this change came greatly improved recording and editing software that allowed amateurs recording engineers to create professional sounding recordings in the comfort of their own living rooms. Creative artists now had control of the entire process, from start to finish.

The result is an explosion of recording artists recording, producing, mastering and selling their material. The effect for a small studio like Sharp Audio is very real. With the new technology and digital distribution channels, we can play the role of a home away from home studio, offering those artists who remain reluctant to strike out on their own by providing an inexpensive recording facility as well as help making their work available through digital downloads.

Basically, while the new technology might sound a death knell for the larger labels and recording studio (or at least a rethinking of their business plan) a small operation like ours stands to gain. We are now poised to provide the same services as the Big Boys, but at a much lower price point. We are, in effect, poised for success.

Pie charts courtesy Digital Music News.

noreply@blogger.com (Jeremy Sharp) — Mon, 24 Oct 2011 02:49:00 +0000

How research changed my mind

Experts lead the way to creating an effective business plan

If you have been following my blog, you know that I am writing a business plan. In the process, I did some research, consulting experts in the field to get some good advice as to how to proceed. I consulted two experts in particular: Guy Kawasaki, a former Apple executive and Peg Corwin, a consultant with SCORE.

I learned some valuable lessons from these two experts. Corwin was adamant that the budding entrepreneur can learn a lot from the existing marketplace. She stresses that researching actual prices and getting industry feedback can provide solid facts in a business plan filled with necessary speculation. She uses the phrase “breaking down and building up” to signify the process of creating individual expense break downs and then applying that expense to the appropriate number of personnel. Travel expenses were one example she offered.

Faced with such excellent advice, I had little choice but to follow it. I have put together a survey and am sending it out to several key individuals in the local industry, including one man who has agreed to act as my mentor. The information that comes back from these key players will feed my business plan with hard facts amidst the speculation.

More hard facts will come in the form of price quotes from existing suppliers. After compiling a list of equipment and other expense items, I will get actual prices from suppliers. I will incorporate these actual figures into my business plan. The solidity of these numbers will lend the entire plan more validity.

Kawasaki had similarly good advice that I can put to use. Following his advice to approach my business plan not just as a means of raising money, but as a way of analyzing my business and lay out the best approach. The business plan is a way to make the business the best it can be. Sometimes that involves investment; it always involves planning.

Following his advice, I have looked at my plan from a new perspective. Certain elements, such as the required investment, take on a new aspect. I realized that earning money was not only no the most important part of my business plan, but it was not necessarily part of the plan at all. I reoriented my business to focus on the nonprofit aspects. It really changed the way I think about the project. Thank you, Guy Kawasaki.

References:

January 21, 2006 The Zen of Business Plans

http://blog.guykawasaki.com/2006/01/the_zen_of_busi.html#ixzz1bf9m8sDF

Peg Corwin, http://blog.score.org/author/peg-corwin/

noreply@blogger.com (Jeremy Sharp) — Mon, 03 Oct 2011 03:53:00 +0000

Writing a business plan

Expert advice is a must have for the start-up entrepreneur

Here at Sharp Audio, I am busy writing a business plan for the Band Off, our signature annual festival featuring a competition from local up and coming talent. When you write a business plan, it is best to take the advice of experts. By definition, almost, the author of a business plan is new to the game; advice from people who have been there before is invaluable.

This week, I happened on some wise advice from Guy Kawasaki, the erstwhile Apple guru who metamorphed into a business consultant. On his blog, he often talks about the needs of start-up companies, since that is what he does in his day job: listen to investment pitches. He has nine points of good advice.

I won’t share it all with you (you can read the blog yourself), but I would like to highlight some important point Kawasaki raised that I will be taking to heart.

Catalyze fantasy. The very nature of the business plan makes it an exercise in guess work. While we want that guesswork to be as accurate as possible, simply hearing some industry analyst speak highly of the market is not enough. The plan, like the pitch, must capture the imagination of the audience and make them see why it makes excellent sense as a reality.
Approach your business plan not as a means of raising money, but as a means of analyzing your business to make it the best it can be. Focus on your objectives (what you are going to do) your strategies (how you are going to do it) and your tactics (who, where and when you are going to make it happen). Money follows ability. Show that the money your investors give you will be effective, and you are more likely to get funded. And even if you don’t, you still have a plan for your business.
A good business plan is an extension of an excellent pitch. Rather than writing a long, boring, ineffective plan and then basing a pitch that itself will not work, write a good pitch, a short, pithy, approachable synopsis of what your business is and what it will do, then expand it into a full business plan. Investors are sold by the pitch; they read the business plan next out of due diligence.

I also looked at the website of SCORE in Chicago, a large, but friendly market. One of their expert retired executives, Peg Corwin, gave an excellent rundown on how to estimate expenses for a startup, one of the more difficult tasks in creating a business plan.

Corwin offered three suggestions: get competitive quotes; break it down then build it up and get industry feedback.

The first suggestion applies to actual expenses like rent, insurance and raw materials. Get quotes from suppliers and collate them into your expense calculations. Most of the business plan is speculation; this is one area where you can bring in the facts. Do it.

Second, Corwin has what she calls estimating the pieces and building up the costs. For example, rather than pulling a travel expense number out of the air, figure out the cost of a taxi ride and multiply it by the three associates that will be claiming that expense.

The most important suggestion for numbers that do not lend themselves to actualization is to get industry feedback. Network, research, interview. Learn what others have experienced and develop your financials accordingly. They will have more credence if they are in line with industry projections and industry ratios.

There are other experts out there, I’m sure, but the advice from these two I have found helpful in the past and are sure to be helpful in the future. I hope it helps you, too.

Google Places offers free marketing service

noreply@blogger.com (Jeremy Sharp) — Sat, 17 Sep 2011 22:04:00 +0000

Going Places

Google wants to put your business on the map

I just did a neato-keen, high tech, wiz kid marketing trick that was so easy, anyone can do it. And probably should. I listed Sharp Audio on Google Places, a marketing tool offered for free by the (increasingly misnamed) global search engine company.

Google came up with the idea in order to provide content for GoogleMaps. There are over fifty million businesses located on Google Maps, according to the blog Extreme Social Media, but only four million have taken advantage of Google Places. Google would like to see every single one of those businesses fill out a simple form adding who, what and when to the where balloon already on the map.

My business now has a Places page (though it will be a few days before it gets activated, so don’t rush off). The page tells searchers about my music recording studio, gives them contact information (including web page) and notes hours of operation. Photos and videos can be added for a little extra zing. I don’t run a drop-in business, so the program allows me to keep my physical address private. All they ask for is a mailing address.

The information pops up automatically when a user searches for my services anywhere near my location. There is nothing more that I need to do, nothing at all to pay. Ever. Because my information also benefits Google, it is a win-win situation. Search for a recording studio in Sonoma County, for example, and Sharp Audio will be one of the little balloons that appear on your map. Clicking on it brings you straight to my Places page.

The service is further customizable, as well. Businesses can update their status in real time, letting customers know, for example, when a special is about to end or sell out. It is also set up to use QR codes that can be imprinted on other marketing materials, like fliers or business cards. Simply scanning one of these crazy quilt codes takes the browser straight to your page.

It may not be the be all and end all of marketing, but this new little service from Google may well be the final nail in the coffin of the yellow pages. Print media in a digital age gets nearer and nearer to extinction.

noreply@blogger.com (Jeremy Sharp) — Thu, 08 Sep 2011 02:33:00 +0000

Keeping control

David Guetta maintains his ownership rights by marketing his own music.

In the modern world of digital downloads and desktop music publishing, it can be difficult for an artist to know how to best market his work. Electronic artist David Guetta has found an interesting solution—he is using Facebook to control the distribution of his new album Nothing But The Beat. And he charges more for it there than he does on iTunes.

In an interview on YouTube he talks about the making of the album, which includes several different singers who created original songs to go with his dance beats. Artists such as Ludacris, Akon, will.i.am and more famous names are all featured on different tracks. As Guetta notes in the interview, “When you work with such great artists, life is easy!” With over 20 million people liking his page, selling the work on Facebook should be easy, too!

But then again, maybe not, as Pete Cashmore points out. Cashmore writes for Mashable, a popular technology blog. While he believes that selling music on Facebook is a viable option (and giving it away even more so) he notes that he has been wrong about Facebook before. In this case, it is possible that the record companies might get involved and put a stop to free streaming. They most likely won’t, however, stop artists from selling their own material.

There are many platforms available for selling music. It remains to be seen how well each of them preforms. For David Guetta, however, it hardly matters. No matter what platform, the DJ remains number one his native France, according to the website Charts in France. And he is moving up elsewhere, as well, having gone gold in Australia. One thing is for certain: using all the available platforms is good advice for artists at any level of their career.

noreply@blogger.com (Jeremy Sharp) — Sat, 27 Aug 2011 00:46:00 +0000

When push comes to shove

iLike helps musicians make personal apps for fans

Using push technology, which delivers requested media as it becomes available, iLike has revolutionized music distribution. The website provides a suite of useful tools that allow bands or individual artists to create an app for the iPhone or iPad. The app is like a combination music player, calendar, and EPK all rolled into one. Or if you want to pay a premium, it can do even more.

According to the LA Times, over 300,000 artists are already using iLike for its power as a social media aggregator. Bands like Nine Inch Nails and Death Cab for Cutie have put out apps and the new technology is proving very popular with fans. The apps contain song samples, concert info, photos, videos, tweets and Facebook wall posts—like a mini webpage that constantly updates.
The newest version of the app will even scour the music on your iPhone or iPod and provide local concert updates based on the bands you already listen to. Even when the phone is off, the app “pushes” data to your phone for you to use when you turn it back on. You can also buy songs directly from the app through their partner Sony Music.
The service costs $99 to set up, and after that, you have two payment options. If you decide to release the app for free, iLike reserves the right to play ads on your app. If you charge for the app, there is no advertising, but you share your proceeds 50/50 with iLike. You can choose any price point you like.
For cross-platform postings, the website offers iCast. Using their templates, you can broadcast a multimedia message including music, photos, video and text to your Twitter, Facebook and Myspace accounts. Another nifty feature is the dashboard, where you can track all sorts of data regarding how fans are using your app—song downloads, new fans, profile adds, etc.
All in all, iLike makes it easy for artists struggling with time management issues and the proliferation of social networks to stay current with their fan base. I haven’t set it up yet, but I’m about to! I’ll let you know how it goes.

noreply@blogger.com (Jeremy Sharp) — Fri, 26 Aug 2011 23:52:00 +0000

Putting together an electronic press kit

What every band needs to know

Your press kit allows journalists and booking agents to get a feel for your act and what you have to offer. It is a teaser of sorts, giving people enough information to make them want to find out more, to write about your band, an upcoming show, or even to decide to book you. They have been used since the dawn of the modern musical era (Elvis had one), but are now even more important as bands have taken on more and more responsibility for promoting themselves. They have also become easier and easier to put together.

The EPK contains the same info as its print cousin, but since it exists on the web, it is accessible wherever web access is available. Web presence allows people to come find you, rather than relying solely on you getting the word out. From your EPK, they will learn some background history about the band, including who the members are and how they got together. They can sample your music and get an idea of what constitutes the band’s individual sound. Other things to include in your EPK: band photos, press releases, testimonials, stage setups and band requirements. Remember: the EPK is aimed at media outlets, not your fan base. Keep it interesting and informative.

Several websites are out there to help you get started. If you are a member of ReverbNation, for example, they have several ready-made templates that can get you up and running almost instantaneously. Or take a survey of EPKs from your favorite bands to get some creative ideas.

Whatever you wind up building, keep some things in mind. 1) Be professional. This is not the place to play a full length, low quality video of your band in the garage. Pick two or three of your best songs, make high quality recordings, and showcase those tracks. 2) Photos should also be of the best quality. Remember: if you want to be a rock star, you must play the part. 3) Make full use of the tools available on the internet. With some preparation, you should be able to complete a professional EPK in under five hours for little or no money. 4) You don’t get a second chance to make a first impression. Edit your site meticulously. Avoid the pitfalls and errors of the newbie by going over your EPK, having the rest of the band go over it, even friends and family. Listen to their feedback and put your best foot forward.

Your EPK is your passport to publicity. It is your chance to show the industry (and the world) what you and your band are all about. Don’t wait—get started on your EPK today!

noreply@blogger.com (Jeremy Sharp) — Mon, 01 Aug 2011 03:12:00 +0000

Learning the law

iTunes U rocks the house!

As I develop my business plan for Sharp Audio and the Band Off musical competition, I have been doing some research on potential legal issues that might develop. As a result, I had the pleasure of virtually attending some lectures from iTunes U. Let me share what I learned.

The first podcast was fairly academic, but understandably so, as it was the closing address given by Charles Fried at a conference at Suffolk Law School to celebrate the 30th anniversary of his contract law classic, Contract as Promise. Mr. Fried had many interesting things to say, and a very eloquent way of saying them.

His initial point was that contracts are promises brought into the legal realm. He advises people to remember, when they draw up contracts, that they are subjecting their promises to the vicissitudes of the laws that rule that realm. And he reminds us of the importance of getting contractual obligations in writing, because the court will likely be unwilling to guess at the intentions of the parties and refuse to hear the case under the parole evidence rule.

“Most promises are not put in writing, but when we consent to enter the world of law, putting it in writing makes a great deal of sense,” he said.

The next podcast I listened to, an interview with Jay Rosenthal, General Counsel for the National Music Publisher’s Association, was quite lively, partly because Mr. Rosenthal’s manner of speech was much more colloquial than that of Mr. Fried.

Mr. Rosenthal rose up through the ranks, working with Go Go groups in Washington, D.C. and then representing Salt N Peppa, Mary Chapin Carpenter and various hip hop artists. The conversation ranged from the rise of amateur musicians (which he deplores) to the protection of copy rights as moral rights, after the European model (which he advocates).

Mr. Rosenthal is a great believer in the power of copyright to promote innovation by protecting new creative works from unfair use. He says that artists rights include the right to get paid, the right to approve the use of their music and the right of attribution.

“An artist’s performance is the inviolable property of that particular performer,” he says, pointing out that the recently passed Digital Music Copyright Act (DMCA), while a potent tool, leaves most of the work of protecting that property up to the artist herself.

“The onus of policing the internet is on the copyright owner, not the copyright user,” he says.

While large labels have legal departments to research and issue the take down notices necessary to protect copyrighted material, independent artists are less likely to possess the money or time required. His solution? Spread the responsibility over a larger area, which he believes simply requires a more careful reading of the DMCA. The act, he says, already allows a response when a red flag gets noticed. Mr. Rosenthal suggests that ISPs and carriers need to be more proactive in noticing and dealing with those red flags.

As a record producer and music promoter, this issue strikes home with me. Having a potent tool is no good if you cannot wield it, kind of like Thor’s hammer to anybody but Thor. Mr. Rosenthal also made it clear how important it is to respect the work of our fellow artist’s, because that is the only way to add to the industry as a whole. Sampling another person’s work is not only illegal and immoral, but is simply not a creative act that adds to the culture.

My final podcast was a very interesting lecture given by Professor Daniel Lyons of Boston College Law School about an area of developing law. The talk was entitled, “Is net neutrality a virtual taking?”

Taking, in this context, refers to “a forced physical invasion of private property by a third party without the owner’s approval.” Prof. Lyons points out that net neutrality requires internet providers to allow third party access to their property. He argues that this requirement amounts to a regulatory taking.

Actions by the Federal Communications Commission make it clear that not only are they interested in regulating the internet (their official mandate is broadcast media and telephones, but they argue Title 1 gives them more leeway), but that they support net neutrality in the interest of consumer rights.

Companies like Viacom have a large amount of money invested in the infrastructure that connects the computers of the internet. These same cables also carry other information, such as telephone and television. They recoup their investment by charging other people and companies to use their wires to transmit data. What they would like to do is initiate a tiered system, much like the post office, where a customer could pay a priority rate for priority service. If, as happens, the pipeline gets clogged with data, those who pay more would move to the front of the line.

As it is now, all packets are treated equally, and the FCC would like it to stay that way. The Circuit Court for the District of Columbia did not accept their rationale that their mandate to regulate telephone and television required them to also regulate the internet. Prof. Lyons suggests that the FCC should seek a more explicit mandate from Congress before moving forward with their plans for net neutrality if they want to avoid further embarrassment in the courtroom.

Issues of censorship, fair play and virtual takings all play a role in this policy discussion. It will be interesting to see what happens. One thing has already happened that ties into these last two podcasts directly. Recently, the big service providers—Comcast, Verizon, AT&T, and others—all agreed to take a bigger role in stifling bit torrent users, who often violate copyright and hog bandwidth. When an illegal download is detected, they will issue a warning. The warnings get more and more severe and can wind up throttling the miscreants bandwidth or even halting service.

noreply@blogger.com (Jeremy Sharp) — Wed, 13 Jul 2011 19:29:00 +0000

Hard fighting copyright holders wins latest battle, but still a long way to go

Copyright has always been a big issue. Lately, with the advent of digital technology and the ubiquitous presence of the internet, it has become even more important. In fact, the Copyright Act of 1976 has been updated and amended more than ten times in the last decade.

The record industry has been at the forefront of defending copyrights during this period. They have personally brought many lawsuits against individuals, especially those involved in peer-to-peer file sharing. And as Smith and Fowler reported recently in the Wall Street Journal, the industry has taken their campaign to new heights by convincing internet access providers to take part in keeping their customers compliant with the law.

The agreement, reached by media and technology companies, is aimed at “casual infringers,” says Cary Sherman, president of the Recording Industry Association of America. Under the agreement, which is due to take effect later this year, media companies will inform ISPs, including AT&T, Comcast and Verizon, when one of their customers illegally downloads protected content. The customer will receive a warning the first time it happens; after the fifth or sixth time, the ISP will take more aggressive action, possibly even shutting down service or reducing download speeds.

The problem is pervasive, according to Eric Garland, founder and chief executive of BigChampagne Media Measurement, which follows online usage patterns. "Tens of millions of Americans are passing entertainment media around online without permission," said Mr. Garland.

Copyright violations are not the sole purview of Americans, either. In India recently, reports the New Indian Express, Phonographic Performance Ltd (PPL), the licensing arm of the music industry, has just won three prominent cases involving the use of musical recordings at Fashion shows. According to the article, the lawsuits validated the authority of PPL in licensing music. PPL cited violations of music copyrights as one of the biggest challenges facing the music industry.

The tide is turning, and as an independent purveyor of original music, Sharp Audio is happy to see the impending changes. While we, due to our size, can only hope that we might manage an artist popular enough to pirate, our small profit margin renders us even more susceptible to the effects of stolen media. It is very important that we maintain the rights to our songs.

While copyright violations are a serious issue, there is a softer side, called plagiarism by its critics and homage by its proponents. With only 12 notes on the chromatic scale, even original music has a tendency to sound familiar. This is especially true with pop music, a genre that relies on tried and true formulae for its success.

Lady Gaga, one of the reigning queens of pop, recently released a new hit single, called “Born this Way.” The internet immediately lit up with bloggers who saw a similarity to Madonna’s hit, “Express Yourself.” Lady Gaga defended her song on The Tonight Show, saying that Madonna voiced her “love and complete support” for the song, reports the website Popeater. Madonna responded by posting her live performance of “Express Yourself” filmed at the MTV video awards many years ago. Her publicist denies that the singer every sent Lady Gaga a supportive email.

The single, meanwhile, has sold over 450,000 digital downloads, “…the biggest debut ever for a track by a female artist.” Lady Gaga, while acknowledging certain similarities between the two songs, denies that she stole anything from Madonna, for whom she feels nothing but adoration and love. Gaga claims the similarities are simply a result of chord progressions that have been present in music for “more than 50 years.”

The answer is for the courts to decide, should Madonna be foolish enough to pursue the case in court. As they say, there is no such thing as bad publicity, so Madonna would only be helping out her rival by calling attention to the supposed plagiarism. And as I learned recently from the book The Permission Seeker’s Guide through the Legal Jungle, by Joy Butler, there is no law against plagiarism. The law only protects against outright theft of published material, a case even Madonna would be hard pressed to make.

noreply@blogger.com (Jeremy Sharp) — Mon, 20 Jun 2011 03:33:00 +0000

Owen Husney: artist, manager, promoter

Why modern record companies invite mediocrity

Owen Husney is an artist manager from Minneapolis. He was the first manager Prince hired, and was responsible for getting him a precedent-setting contract with Warner Brothers that gave Prince nearly complete creative control. In an interview at the website Artist House Music, he talked about his experience with Prince and the state of artist development in the industry.

“The biggest problem today is the lack of development of artists,” he says. He blames the state of the industry and the lack of people at the label willing to go to bat for their artists, stick their necks out, and get the artist the support they need. One of the reasons he gives is the lack of development and support within the record companies. He says that A&R people are not being developed. If they sign an act that fails, they are fired.

Husney suggests that artists need people who are passionate about their music. Warner Brothers signed Prince at the age of 17 chiefly because a senior vice president went in to management and told them that he would quit if they didn’t sign this promising young man. They signed Prince. “There’s no one who will do that these days,” he says.

When bands are not developed, he says, you wind up with a “McDonald’s atmosphere” and bands that would “…never leave their mark on this earth.” He won’t name names; he says we all know who they are.

The music gets played on the radio, but only because PR people are paying the stations to play them. He acknowledges that his opinion may not be popular, but in his day, people were more concerned about the development of the artist and less concerned about the numbers. The result was better music, music that mattered. Husney is a musician himself, which may have colored his opinion somewhat.

Still, his advice to up and coming artists remains solid: build your fan base and develop yourself. The market is simply too expensive for record companies to take chances. In the current environment, musicians must do the initial work that record companies used to do because record labels cannot take the same risks they used to take.

“That’s why people are complaining about music these days, for the most part,” says Husney.

noreply@blogger.com (Jeremy Sharp) — Mon, 06 Jun 2011 00:57:00 +0000

The distinction between manager and talent agent

California law recognizes one, but not the other

Being a manager is a tricky business, especially in California. Personal managers are not legally regulated or licensed, but talent agencies are. The distinction is an important one, because only talent agencies are allowed to go out and book shows for an artist. According to copyright attorney Ivan Hoffman (left), who has been practicing law in California for 38 years, managers who seek “employment or engagements” for their clients have actually had their contracts declared null and void, losing them all of their earned royalties.

So just what can a personal manager do, if not find employment for her clients? Well, she can offer career planning and advice, enter into negotiations for live performances, handle the financial end of the artist’s career and, in an exception to the employment and engagement language mentioned above, seek recording contracts. Another result of the lack of regulation is that anybody can become a personal manage—there is no license nor any particular training required. Talent agencies, on the other hand, are regulated, causing more potential trouble for the unwary manager.

The wise artist, however, looks for a manager who is more than just a friend or a member of the family. A good manager should be organized, articulate and, preferably, well-connected in the industry. Somebody with a college education is usually a good idea. For real professional representation, the wise artist might be inclined to hire an actual attorney.

If you are a personal manager in California, or if you are an artist who has hired a manager, be careful! Do not tread on the toes of talent agents or you might be in for an unpleasant surprise. Ivan Hoffman has a number of other articles of interest on his site, all dealing with copyright issues. Other topics include contract terms, royalty payments and fair use.

noreply@blogger.com (Jeremy Sharp) — Tue, 24 May 2011 20:08:00 +0000

The way of the peaceful negotiator
An interview with Cloud Moss

For over 15 years, Cloud Moss has been president of Cumulus Presents, Inc., a music promotion business located in Sebastopol, California. In 2008, he added the title of managing partner of Back Roads Productions, LLC, producing music festivals and concerts and booking musical acts. Both businesses help raise money for non-profits working on projects to keep music and arts in our schools. Part of his business philosophy is that everything relies on community—building it, supporting it and trusting it.

As part of his job, Cloud negotiates contracts for his clients and with performing artists and their agents for concerts and festivals. “I generally have a low-key approach, very honest and informative to any given situation,” he told me when I asked him about the various roles he takes on in negotiations. Fisher and Shapiro, in their book “beyond reason” (2005), define numerous temporary roles negotiators may find themselves playing. For Cloud, common roles are listener, brainstormer, compromiser, colleague and facilitator. And sometimes Devil’s advocate.

“I believe in building community and that every party needs to be considered in a negotiation to have the best possible arrangement for all concerned. If I am dealing with an ‘old-school,’ aggressive, straight capitalistic approach negotiator, then I will either say I am not interested or call him out for his tactics. In some cases, I will play along, letting the other negotiator feel as if they had won the negotiation.”

Cloud stresses the need to arrive at an agreement that provides mutual benefit to both parties. He says it is important to arrive at an end point that is acceptable to “…both yourself and the other party.” One way to assure this is to use objective criteria quite often and to be as open in your communication as possible.

“Everyone in a negotiation should be given some credence for their position,” he says, touching on what Fisher and Shapiro would call status. “Also, be reasonable, fair and prepared and people will want to continue to do business with you and help you out when they can.” These are the techniques Cloud has used to produce the successful Kate Wolf Memorial Music Festival, signing artists this year such as Taj Mahal, Bruce Cockburn, Mavis Stapes, Los Lobos, Todd Snider and the Nitty Gritty Dirt Band.

His parting advice for the novice negotiator is to do your homework, understand logistics, and know your own comfort level in advance so you know where you can comfortably compromise. “Be realistic and at the same time understand that negotiation, in and of itself, is a process of compromise,” he says. Wise words from a wise negotiator.

noreply@blogger.com (Jeremy Sharp) — Sat, 02 Apr 2011 06:10:00 +0000

Many donors make light fundraising

Napa Valley band Maere are financing their first music video using Kickstarter

You can watch the teaser here:

http://vimeo.com/filament/maereteaser

One of the oldest adages in finance is that it takes money to make money. It’s a simple fact: money is required to create whatever product you plan to sell in order to make more money. In the music industry, that adage can be altered to read that it takes money to make records. Or videos.

Maere is a very talented and creative atmospheric rock quintet based in Napa Valley, California. They formed in 2009 and recently completed their first album and needed to film a video to accompany their first single. But, like musicians from time immemorial, they were broke and needed outside financing.

Enter Kickstarter.com. Their website FAQ describes the company as “a new way to fund creative projects.” If your project meets their guidelines, they list it on their website and invite people to start investing in making it a reality. There are several sites like this on the internet; Kickstarter is unique in having an all or nothing funding model. If your project does not meet its funding goal by the deadline, none of the money pledged is collected. The practice creates a benchmark of interest and support, reassuring potential investors that they are not the only ones involved.

Maere had already garnered quite a lot of support from the local artistic community. A video team (Filament Features), makeup artists and actors had all volunteered their time and skills. They raised money from friends to get the video started. With slightly more than half of the video complete and no more money, they listed the project on Kickstarter with a deadline of March 16 and a goal of $800. They exceeded their goal: 17 backers pledged a total of $1320 (full disclosure: I pledged $100). Filming is scheduled to recommence on April 8.

As a backer of the video, I am due certain rewards. But that is not why I contributed. Besides the fact that these are my friends and I want them to succeed, I believe in their talent and their ability. I also wanted to be part of their creative endeavor.

My idea for a music competition springs from this emerging crossover of between talent and audience. At a Band Off, the bands compete head to head on three stages. The audience votes for their favorite act by adding money to each band’s kitty jar. The winner will be decided by the amount of money collected during their performance, both a sign of the goodwill they have already harvested (they bring people to the show) and their chances of success (the number of new people they bring on board). With nine bands, the contest runs through four rounds. The event will take place as part of a day-long festival with the intention of generating a sustainable community of music lovers. Our tag line? We make the audience part of the band.

noreply@blogger.com (Jeremy Sharp) — Mon, 28 Mar 2011 05:50:00 +0000

NAMM Foundation keeps music part of education
As Federal and State funds dwindle, the National Association of Music Merchants Foundation steps in to help.

There are several industry groups that work to foster the creation and continued existence of music and musical performance. One of these, that I discovered through the National Music Council and sponsored by NAMM, is called Support Music and it involves itself with music education. I found many things on their website to help continue my own efforts.
One of their programs is the community action kit. It provides templates for direct action on the local level. They provide brochures, information and a grass roots advocacy guide for parents and community organizers. My organization can use these tools to improve our own program. The foundation also offers grants and scholarships, music research information and a music achievement council, dedicated to supporting music programs in schools.

The efforts and priorities of the NAMM Foundation coincide with my own efforts and priorities. Their marketing includes maintaining a media presence through press releases and announcements. Through these channels, they keep their own name in front of public eyes. At the same time, they are promoting the idea that scholarship and music go hand in hand.
The music research arm of the foundation includes surveys, such as the “Best Communities for Music Education” in the United States, conducted since 1998. The 2010 winner, named in the face of an economy that depletes state and county musical coffers, was Abington School District in Pennsylvania. Acalanes High School, in Lafayette, California, came in second. They also highlight studies showing that music benefits the brain and offer scientific reasons to play music.

Their legislative arm reaches out to government agencies to advocate for music in the schools. Just recently, U.S. Education Secretary Arne Duncan offered testimony before the House Committee on Education and the Workforce that a “well-rounded curriculum” is important for students. He stressed its importance in real education reform. His remarks came after a discussion with Congresswoman Lynn Woolsey, a supporter of the NAMM Foundation.Their objective is quite simple: keep musical education in our public schools.

The objective of Band Off is the same: we want to not only continue to educate our youth in musical skills, but we offer a continuation of that education. We offer a real world knowledge base that young artists can tap into, can make their own. We take the education offered at the high school level ad extend it into the working world of the responsible adult.

noreply@blogger.com (Jeremy Sharp) — Fri, 11 Mar 2011 18:19:00 +0000

Bobby McFerrin and the power of the pentatonic

The mind works in mysterious ways. Some of these mysteries are being explored by scientists in clean, well-lit laboratories. Other explorers take to the stage.

Bobby McFerrin became famous for his unique singing style and body percussion in the early ‘80s. He is known for his improvisational technique, and for getting the audience to join him in song. "There is something almost superhuman about the range and technique of Bobby McFerrin,” says Newsweek. “He sounds, by turns, like a blackbird, a Martian, an operatic soprano, a small child, and a bebop trumpet.”

As he led audience after audience through the creative process, he started to notice something. People all over the world showed an intuitive grasp of the pentatonic scale. Give them a note or two and they will intuitively hit the next higher or lower tone on the scale when asked.

At the World Science Festival in 2009, Bobby gave a demonstration of this phenomenon as part of a discussion on expectations. Even though his dreadlocks are now highlighted by gray grace notes, Bobby remains spry and trim. Bouncing gently at the center of the stage, he sang the audience a note and encouraged them to sing along. He then hopped slightly to his right, singing the next lower note. The audience picked it up quickly and sang along as he added a third and then bounced between the three, playing the audience like a clavier.

Then he suddenly bounced one note higher, without warning or preparation. The entire audience sang the note that corresponded to his new position. They all new what the note was, they all understood it relative to his position on stage. He went on to compose a little ditty, using the audience as his instrument, playing them by bouncing up and down the edge of the stage.

The experience brought home two things for me. First, music really is a truly universal language, a reality that everyone can share. Cultural and intellectual filters alter how we perceive and experience music, but they cannot shake the primordial connection between rhythm, notes and our brains. Second, I was inspired by Bobby’s innate creativity. He is self-taught and simply does what his heart tells him to do. And his heart is never wrong.

noreply@blogger.com (Jeremy Sharp) — Fri, 18 Feb 2011 06:05:00 +0000

Cross platform collaboration

It took me a lot of time and effort, but with the addition of Apple’s Logic Studio Pro, I finally felt like the music studio was up and running. It has been exciting at band practice the last few weeks, as we review our work at the end of the evening. The ease of instant review was a treat, and I was excited to get the band in the studio actually recording, not just rehearsing.

Then I got an email from my guitar player.

He and I are not always on the same page, despite the fact (or maybe because of the fact) that he is also my brother-in-law. As I was struggling to finally, after ten years, to get our studio together, he had been spending some time in the music shops working on his own little project. He wound up buying a headphone amp and a Tascam portable 8-track recorder. And in his email, he included links to the tracks that he and our bass player had laid down. “Can you add some drums to these,” he asked, innocently.

At first I was a bit put out. After all my effort, here he had done an end run around me and slipped into a completely different recording mode. But I went to work anyway.

The tracks he sent had already traveled a good deal. Tascam records them to compact flash media but has to transfer them to an internal hard drive before moving them to a computer via a USB cable. He then converted them into .wav files before uploading the to Dropbox on the web, where I was able to download them using the public link.

Now they were on my desktop, but what was I going to do with them? They wouldn’t open in Logic, unfortunately, but Garageband opened them right up. I did some minor editing and mixing and then bounced the track, with lead vocals, back up vocals, lead guitar, rhythm guitar and bass guitar. I then added a drum loop to play against and went to work adding my drum parts.

After three takes, I quit recording and mixed the whole project down (pulling the drum loop out of the mix, of course). I was later able to transfer it into Logic, where I have since been mixing and remixing, learning the platform better and (hopefully) creating a better song. (I am still excited about Logic, and since my studio has much better mics, it will still serve us well.)

The quality of the little Tascam was best for the guitars; it failed somewhat for vocals, capturing way to much pop and breath hiss. But as a tool for getting our recording project up and off the ground, it worked like a charm. Now the whole band is eager to record in earnest, and we can always lay new vocals on top of what we have.

The last thing my guitar player did before leaving practice? Tell me about a little open-source program called Audacity that has many of the tools available in both Garageband and Logic Pro. And the cost? Free.

noreply@blogger.com (Jeremy Sharp) — Sun, 06 Feb 2011 21:36:00 +0000

Studio in a box

Making the jump to light speed with Logic Studio Pro 9

So, I finally did it. I upgraded from Logic Express 7 to Logic Studio Pro 9. My hesitation had always been financial, but I have to admit that even within my limited means, I didn’t make the $299 upgrade a priority. What a mistake that was!

The full version of Logic has always been more powerful than the Express version, but the differences between versions 7 and 9 are simply phenomenal. Flextime does for tempo what pitch control did for vocals. You can physically stretch or compress sections of music to correct for passages that are slightly faster or slower. The audio quantize function allows live recordings to be altered as if they were MIDI. Tempo and meter are now completely malleable.

The flip side of freedom is control, and I can now lock multiple drum tracks into phase, as well. So when I edit the snare, for example, it remains synchronous with the other drum tracks rather than wandering off into a rhythmic fantasy land all its own. In a similar way, Varispeed lets me try different tempos with my whole project. And, crucially, Apple has added the ability to conform the tempo of imported files to an existing track, much like they had already done with melodic keys.

I have only begun to experience the potential of this amazing new software, but as you can probably tell, I am already very excited. The powerful production tools and new amp modeling capabilities open up entire new sonic vistas that I can’t wait to explore. From writing the original song to final mixdown, Logic Pro 9 packs an incredible amount of power in a very affordable punch.

But the beauty of Apple Studio does not end there.

The software package also includes MainStage 2, SoundTrack Pro 3 and a suite of production utilities to speed final mixdown. MainStage 2 looks like a completely compelling tool, allowing the solo performer to sound like a symphony onstage. Designed for interactive live performance, the knobs, switches and faders are presented in a 3-D tableau designed to be visible from a distance. SoundTrack Pro 3, meanwhile, is designed for seamless interaction with FinalCut Studio, the Apple film production software.

What I loved most during my first crack at the software, however, were the things that hadn’t changed. Some controllers had moved to new places (much more intuitive and easier to use places) but the controls themselves were exactly the same. Within minutes, I was up and running and recording our band rehearsal. When I went to do a preliminary edit, all the effects and sends and outputs were right where I expected them to be. The transition between using Logic Express 7 and Logic Studio Pro 9 was seamless; the end results created by each versions, however, have almost nothing in common. My little home-away-from-home studio just became one of the big boys.

noreply@blogger.com (Jeremy Sharp) — Sat, 22 Jan 2011 22:15:00 +0000

Civil Asset Forfeiture:

Legitimate law enforcement tool or vicious threat to the future of music?

Jimmy Tebeau

On the first of November, according to St. Louis Today, concertgoers camping at Spookstock, an annual music festival at Camp Zoe in Missouri, were awoken by the tramping boots of over 70 agents from the DEA, FBI, IRS, Homeland Security, the Highway Patrol, and local police agencies. The authorities descended en masse, taking financial records, computers and gate receipts, but little else. A press release from Camp Zoe noted that one man was arrested for outstanding warrants not related to the raid. Later that day, the Camp Zoe bank account, amounting to over $200,000, was also seized.

One week later, authorities filed an application to take the 352-acre property owned by Jimmy Tebeau, bass player in the Grateful Dead tribute band The Schwag. According to the complaint, agents had witnessed numerous instances of drugs being bought, sold and consumed on the property over the previous four years. Later, they accused Tebeau of tax evasion and issued an arrest warrant; he pled Not Guilty.

Federal and state laws allow authorities to seize any assets that have been used in the commission of a crime. The law was formulated to be used against racketeers but has grown into a fundamental weapon in the war against drugs. In its current form, it effectively allows the Feds to shut down a drug operation without filing any charges.

Under Federal law, it is the property itself that has committed the crime by being made available for drug sales and use, one of the reasons no conviction is necessary for the asset to be seized. Instead, the owner must prove a negative—that the property in question was not involved or that there was no crime. Missouri law is slightly different, requiring a conviction before forfeiture and not allowing the seizure of real property. It also requires that all income from seized assets go towards education, while Federal law prefers to kickback 80% to state law enforcement agencies and keep the remainder for themselves.

The amount taken in by the Department of Justice has become a significant portion of their budget. River Front Times offers the following information from a 1992 Cato Institute study on the Comprehensive Crime Control Act.

The Justice Department's forfeiture fund (which doesn't include forfeitures from customs agents) jumped from $27 million in 1985 to $644 million in 1991; by 1996 it crossed the $1 billion line, and as of 2008 assets had increased to $3.1 billion. According to the government's own data, less than 20 percent of federal seizures involved property whose owners were ever prosecuted.

Asset forfeiture has become big business, and it will certainly keep growing. In the meantime, in the vast majority of cases, there has been no prosecution, much less conviction.

The authorities obviously targeted Camp Zoe because the behavior of visitors and staff had become a little too egregious. Drug sales and use were rampant, the Highway Patrol was making more and more traffic stops of people heading to the festival, and even some of the bands that played there had become disillusioned by the drug-addled “Trust-afarians” that littered the ground in front of the stage. Add to all that the failure to pay sales tax and you have a classic case of pushing the envelope a little too far.

But still, the extreme action by public safety authorities raises some red flags. As budgets get tighter and tighter, will more and more festivals held on private land get raided? Will we loose Bonnaroo? Will concerts at Madison Square Garden suddenly get less smokey? Will large festivals and concerts simply disappear in favor of smaller, more intimate and easily regulated venues?

The wise consumer, or anyone interested in maintaining the guarantees of of personal liberty enshrined in the Constitution, will keep a weather eye on the situation. For my part, I’m no longer going to hold large festivals on private property because I am well aware that trying to keep festival goers from consuming the substance of their choice is a fool’s errand. I have better ways to spend my time.

noreply@blogger.com (Jeremy Sharp) — Mon, 17 Jan 2011 02:32:00 +0000

Band Off

The Elevator Presentation

Imagine what would happen if you combined the artistic competition of American Idol with the funding model of venture capitalism. You would have Band Off, a regional competition that invigorates the local music scene by investing in talented musical entrepreneurs.

The music industry is a very fertile field for entrepreneurs to sow their creative seed right now. The old guard recording studios, steadfastly defending a vanishing business model, are weak and in disarray. The digital highway has made song deliveries instantaneous and almost free, while band and event promotion via social networks and vendors has never been easier. Despite the proliferation of professional studio equipment at garage studio prices, there is one thing still missing for most bands: some form of outside financing to facilitate the creation of quality content.

Successful bands generally excel in three areas: musicianship, showmanship and business acumen. These are all skills that can be taught, to some extent, or at least molded—and also skills that can be assessed. The best judge of what brings people pleasure are the people themselves, so we are going to let them judge the Band Off winner.

The Band Off will be an all day outdoor festival held on the Summer Solstice. Three stages will host three bands in four elimination rounds of an hour each. The winning band will keep playing for another hour or so and then be presented with the grand prize: a three-album deal from Star Mountain Studios, including business boot camp, music video shoots, musicianship instruction, and promotional development. The newly minted artist will be mentored, encouraged and guided every step of the way.

There are several enterprises that use crowdfunding to produce records, like Sellaband, based in Germany, but they are global. We, being local, are tapping into a very different pool of customers. To us, the internet is a tool to facilitate the personal interactions that create lifelong fans rather than the only environment we inhabit. There are people doing similar things, but no one is doing what I describe here.

There are no serious barriers to entering the market. In fact, barriers are falling faster than hemlines in a recession. Some of the money for the first recording comes from crowdfunding, but to maximize our success rate we need startup capital from angel investors. We need angels to invest in our dream to become Music Angels that turn around and invest in others. Together, we can make Band Off happen!