SoundsMoreEpic

How to Network Effectively

2012-06-20T08:23:00.004-07:00

Hopefully Patrick's strong opinions gets you thinking about how YOU network and if you are really doing everything you can to build connections and maintain relationships, OR if you are just excited to hand out a paper rectangle with your name on it.

Learn the truth about the business world from Patrick DePuydt himself.

The War Between Digital and Physical ~ Who will win?

2012-05-29T17:55:00.000-07:00

The option to receive media digitally, rather than just physical material, in some aspects, has altered the public’s consumption habits considerably. Strangely enough, with regards to books, the advent of eBooks and reader devices such as the Nook, Kindle and apps such as Audible, has pushed me, personally, more toward the old-fashioned physical book. Although many use computers when writing for business and school, as well as receive bills, and personal correspondence digitally or via the Internet, I find that I shy away from that sort of behavior with regards to reading. I prefer to sit town with a physical book and turn pages, take notes on paper, fold down the corners of paperbacks to mark my page, and cut out pictures, articles and perfume samples from my favorite magazines. In contrast, when it comes to current events, like many consumers ages 18-35, if it didn’t come to me directly through my RSS feed , Facebook, or CNN.com, I doubt I would ever take the time to sit down and read a newspaper.

With regards to music and movies, as Brandon Hoover discusses in his blog: Digital downloads vs physical media: How will developing countries keep up?, “The rise of internet capable TVs, mobile internet access, media centers (Apple TV, etc), and services like Netflix have allowed us to watch what we want, when we want, and often where we want .” Music streaming online via sites like Pandora and Spotify has allowed listeners to be exposed to a variety of music that they would never have heard should they be forced to take a chance on a CD, cassette tape or record who’s album art caught their eye in a music store. In the past I bought less and relied on the radio to reveal the newest trends in music. Now individuals are more active participants in their acquisition of music, enjoying the fact that they can select individual tracks after hearing a sample of them via iTunes or getting a taste of the artist via Pandora. Consumers in their 20’s now seek out more and purchase more music than in the past especially since whatever they purchase can travel with them on a phone, laptop, or iPad. The same can be said of movie consumption. The easy accessibility of films using Netflix, for example, has made it less of a hassle to see a movie. Since it is streaming there is no thought as to where to store that DVD case at the conclusion of viewing or where to see a film if you missed it in the theater.

Our world is moving at such a pace that consumers now rely on the instant access to all of their favorite media, however they still enjoy dome of the physical aspects as well. For business’ sake, moving to a predominately digital distribution will afford companies the most profit without the upfront costs of printing/manufacturing material. This hybrid of Print of Demand or aggregators give the consumer the option of both physical and digital without all of the commitment. It is my opinion that at least within the United States, Netflix and Blockbuster will move to digital distribution only, but that bookstores will still exist because of the social (library-like) nature of their locations. They market themselves as a comfortable place to hang out and learn rather as just a place to get information. Bookstores will have fewer physical locations but I don’t believe that they will move to digital distribution exclusively. Physical media is not in danger of becoming extinct until more of the world has access to the technology (speed, devices, accessibility) available to us here.

Customer Retention & Brand Loyalty – Why should they play with you? Why should they STAY with you?

2012-05-13T20:07:00.000-07:00

So you have this great idea. You’ve gotten funding, you filled out all the necessary paperwork and you are officially a business. You even have a few people who want to buy what you are selling! Great! Now what?

Some business owners are so focused on growing their customer base that they forget to do all they can to keep the ones they have. Customer loyalty is one of the key ways to keep your business thriving. Yes, you want to add to the pot incrementally, but first you need to decide how quickly you would like to grow, and how to retain the people you’ve got. Here are 3 ways to cement customer loyalty and help your business to grow at a rate that you can actually keep up with.

#1 Make sure everything new you introduce reinforces your brand.

From the moment a person steps foot into your establishment or calls you number, she should feel like she is part of something. Your brand is who you are, the message you deliver to the world, the “ word you want to own in the mind of your customer”. Don’t mess it up hoping that a new exciting product or service vaguely related to your original company goals will grab new people. Ultimately it may turn off your current customers and confuse new ones as to who you are. There is no need to follow trends. Set the trend. If you do see something out there that you would like to incorporate into your company, make sure it truly speaks to who you are. If not, there are ways to acknowledge a trend without allowing it to take over. Remember you should be in the job of creating experiences, not “Hey, lets see how many people we can catch by distracting them with shiny things!”

#2 Keep your customers engaged

Social media is a great way to keep your customers involved in your development. People love to support companies who they feel listens to them. Send out surveys via email, get customer opinions via Facebook, have contests for the best picture of a customer using your product or service via Instagram -to keep customers fully committed to your brand. Use Twitter as way to keep customers updated on new products or services- offer a prize to the first 20 people to retweet. Give them a reason to keep coming back for more.

Fenix Social Media is a great resource for musicians and other entertainment companies to keep their fans feeling “like one of the family”. Of course you may not have the time or resources to keep someone on staff full time to handle it on your own, but they can maintain customer involvement on your behalf at a rate you can handle. ‘[Their] ultimate goal [is] building loyal, committed and engaged communities”

#3 Reward the people who consistently purchase your product or service.

A reward doesn’t have to be a discount. “What?” Yep. Try something different like “gamification” instead. Rewards are positive responses to a particular action. In games you usually receive points or status levels, or physical prizes. The feeling associated with having “earned” these rewards keeps people coming back for more, and guess what? Most of the time, it doesn’t cost you much nor does it devalue your product or service by lowering the price. When you discount you tell your customer “ I’ve been marking up prices, just to make a profit” or “ This product wasn’t worth that much anyway, ha-ha joke’s on you!” which just confuses and frustrates the consumer.

If you are diligent with these tips, your customer base will remain strong. Because of your consistency, your loyal customers will see you as the ONLY option when looking for a particular product or service and the next time someone asks their friend or coworker “ You know, I am thinking about taking a dance class that’s fun, and effective. You told me you danced as a form of fitness. Where do you go?” The name of your dance school will fall effortlessly from their lips.

Business Plans - “Write deliberate, act emergent” *: How to excite investors

2012-04-01T09:26:00.003-07:00

Guy Kawasaki

Originally from Hawaii, Guy Kawaski, best-selling author of The Art of the Start and successful entrepreneur, is well known for his connection to Apple as “chief evangelist” and later as an Apple fellow( guykawasaki.com). He has also led many a software company as a result such as ACIUS, Fog City Software , and later really got involved with investing and other venture capitalists with his creation of Garage Technology Ventures and Alltop. ( guykawaski.com)

Components of an effective business plan

In his blog, How to Change the World: a practical blog for impractical people , he clearly explains his stance on the “Art” of the business plan. According to Kawasaki, The business plan is a necessary step in the formation of a solid business, but not for the reasons you may think. Perhaps you have been taught that the purpose of the plan is to convince investors to support your venture. Although that may be part of the purpose, Kawasaki says that for many investors the decision whether or not to invest is made during the sales pitch where the plan is presented, rather than from reading the plan itself. The purpose of the plan, in his mind, is to help the creators of this start up to solidify all of the details, to help have a firm grasp of the “who, what, when , where, why, and HOW” a business should be created, run, and become profitable before it ever comes into existence.

What are investors looking for?

Investors, while reviewing a plan, are looking for well-written copy with a consistent flow that has clearly been written by a single author. Kawasaki believes that the most effective business plan is a n elaboration of a powerful sales pitch. It is only effective if it addresses these key areas: “Executive Summary, Problem, Solution, Business Model, Underlying Magic, Marketing and Sales, Competition, Team, Projections, Status and Timeline, and Conclusion”.( blog.kawasaki.com) with the Executive Summary as the most crucial portion. The Executive summary is your “hook”. It is the first thing that your investor reads and should get them to want to buy whatever it is you are selling, immediately. Without that initial buzz, why keep reading? Get them to want to know more. Kawaski’s “ no-bull’ approach to business helps people to get to the point. and fast.

Michael Moritz

Mr. Moritz has a slightly different stance. He believes that business plans are unnecessary in the creation of a new business. "You don't need fancy business plans. An email works fine. If it's a startup company, no one is going to believe the financial projections (anyway)." (Shinal, 2010)

Michael Moritz is a venture capitalist with Sequoia Capital. As a former employee of Time Warner and co-founder of Technologic Partners with an M.BA. from Wharton, Mr. Moritz has served as director and former director of : Yahoo.Inc, Zappos Inc, Atom Entertainemnt Inc., Weatherbug Inc., Sugar Inc., Google Inc, Kayak.com, and currently LinkedIn Corporation. (Bloomberg BusinessWeek)

He is more concerned with the quality of the entrepreneur himself than the prose of the business plan. He key things he looks for when evaluating a venture is the entrepreneur’s desire, the hunger has for problem solving, and the “mastery of subject” (Shinal, 2010). He needs to know that the entrepreneur is going to do everything in his power to make a venture succeed, knows his business well and can identify a problem to be solved knowing that his future business is the solution.

References:

Shinal, J. ( 2010). What Moritz of Sequoia wants in an Entrepreneur. FINSTechnology. Retrieved March 31 2012 from http://it-jobs.fins.com/Articles/SB129226990799066177/What-Moritz-of-Sequoia-Wants-in-an-Entrepreneur

Guykawaski.com

Bloomberg Businessweek

*quote by Clayton Christensen as told by Guy Kawasaki

“ Girls, we run the world!”* ~Women Entrepreneurs in Business and the Entertainment Industry

2012-03-18T19:53:00.000-07:00

When one thinks of the entertainment industry and the powerhouses that control it, you realize that historically it's been a man’s world. Tom Corson - President of RCA Records Group, Evan Lamberg - President of Universal Music Group , Doug Morris - CEO of Sony Music Entertainment

Jeff Robinov - President Warner Bros Pictures… and the list goes on and on. Well, watch out boys, women are slowly but surely making their way into power seats within the industry. We women do things a little differently though, for us its all about taking something small and nurturing it, protecting it, and fostering relationships until it grows into something huge.

The shift for w omen entrepreneurs and Business

“An American Express OPEN State of Women-Owned Businesses report found that between 1997 and 2011, the number of businesses in the U.S. increased by 34%, but the number of women-owned firms increased by 50%.” says Nellie Akalp in her article on mashable.com entitled, “Why Women Make Excellent Entrepreneurs in the Digital Age” With our advanced interpersonal skills, natural inclination to collaborate, and a penchant for thinking through a myriad of possibilities before heading down a particular course, women make ideal entrepreneurs.

Women are more than pretty faces

Oftentimes within the industry women are seen as talent only - models, actresses, dancers, singers… but what happens behind the scenes? We do it all now as producers, writers, directors, songwriters, A&R reps , Marketing and Brand strategists, artistic directors, and we love to watch something grow from the ground up as big do-it-yourselfers.

Ali Brown, a mentor for female entrepreneurs is a strong beliver in the power of women and their potential for success. She started as an ad girl in New York City who saw problems that needed to be solved within her company but had no one to listen to her concerns. After a tough decision to quit her job she took all the marketing skills she had gained and turned into the “Ezinequeen”. No longer broke and unemployed , she is now a millionaire. Women are ultimately problem solvers; we see a situation or an item for more than what it is. We see it’s hidden potential.

So for all of you asking, what do I do? How do I get started?

* Take a leap of faith.

*Learn all you can about subjects that you are passionate about, and start making things happen.

*Don’t take no for an answer, because there are a lot of people who will say that you can’t do something.

Realize that one of the best parts of being a woman is that we don’t need the recognition of being big on our own. We work together as a group to change the world.

* Quote taken from "Run the World ( Girls)" recorded by Beyonce Knowles for Columbia Records

SHOUT IT FROM THE ROOFTOPS! -3 ways small businesses, independent musicians, & entertainers can create a fan base through digital marketing, social media, & word-of-mouth

2012-03-04T20:03:00.001-08:00

Regardless of your specialty within the Entertainment Industry, the only way to be successful is if someone knows who you are and what you do. From small business owners , to party promoters , to musicians …. you may create great products or services, but if no one knows about it, they will wind up gathering dust on a shelf somewhere. You may be the only one who RSVPs to your party, or sadly, the only person who will be listening to your music is your mother. So now what? How do we get things moving?

#1 Identify your target audience and broaden it with niche marketing

You have got to get the word out. People love to support businesses, independent music and people that they believe in. Having a loyal and broad fan base is essential. No matter what your business, it is necessary to aim your marketing to a specific group of people who would have a natural interest in you work. This is your target audience.

A prime example is with the group Turquoise Jeep.They gear their marketing, merchandise, and music to males ages 15-35 based on a void that they saw in the industry. They showcase their work on Youtube (a site most frequented by males in this age range), and they perform at music festivals such as FunFunFun Fest and South by Southwest . Their merchandise is the college guys basic uniform — a t-shirt, and they sing and rap about subjects that are most important to that group in a comedic manner. They are also a bit controversial, which keeps fans talking. Although their music can appeal to a wide range of audiences, they have chosen this group as their main focus.

#2 Create a fan base by exposing your product to a receptive crowd online

Facebook, Twitter and your website are great ways to keep your current customers informed about your brand, but make sure you keep all of these platforms updated and interactive. If people tweet about your product, share links on Facebook, and traffic is sent to your updated website as it appears higher in Google rankings, you are sure to gain more support.

However, there is more to sharing music on the web than Facebook. Although a very valuable resource, this will only put your music in front of people you know, or who are already familiar with your music. To attract a new audience, give people a free sample of your music on great streaming websites like Spotify. Have your music included in the line up on Pandora. Pandora is such a great resource since it selects music for the listener’s station based on similarities in musical characteristics and will place your music in front of someone who is open to something new. And certainly don’t forget about Reverbnation, which provides you with all the tools needed to promote , sell and share your music, tour dates, and merchandise alone – or in conjunction with social media sites like Facebook.

#3 Get personal

“ People already know about themselves, they want to know about you…. Just being a human, I think that is what is missing in music today, a lot of artists are… they are trying so hard to be something they’re not… and that’s what I am bringing back [humanity]”~Christian Monroe

Meet Christian Monroe

People want to know your story, they want to know how you got to where you are today. Whether you sold t-shirts out of the trunk of your car and turned that into a million dollar business like Johnny Cupcakes , or had the good fortune to be born into a musical family and then discovered by Clive Davis like Whitney Houston, to a pharmacist taking syrup, 125 years ago, and turning it into a drink with household name like Coca-Cola. People want to connect with you, your past, your product, and thus will support your future.

Keeping Up with the Information Age

2012-02-19T16:28:00.000-08:00

For years new artists have been told that if they work on their craft they will get discovered, get an amazing record deal, and that then the money will come pouring in. They are taught that success is not possible without having your hand held by the woolly mammoth that is the traditional record label and distribution channels. Do you know you can do it yourself and make just as much (if not more) money than with their help? Its not enough to create great music, someone has to hear it, and someone has to buy it. In the Information Age that we are in, the best way for you to do it on your own is through the Internet.

In his free eBook The 20 Things You Must Know About Music Online, Andrew Dubber explains how to get your music into the hands of consumers. He believes that if you can understand and embrace these twenty ideas, you will be able to control the revenue your music creates. It’s all about marketing and promotion- but not in the ways that you are used to. Some of his tips include: not believing in the fantasy that industry uses to lure new artists, the power of giving away things for free in order to entice a customer into buying your music, getting people to like (and talk) about your product with authority, as well as being accessible, professional and ever present.

One really good point he brings up is in the chapter about using your website as an environment where people connect with one another, rather than just a destination where people stop, look, and never return. (Chapter 6: Web 2.0). Another great section is Chapter 8 where Dubber talks about cross promoting and setting up your websites so that all roads lead back to your product. “Your online stuff is not a replacement for your offline stuff, and nor does it exist independently of it. Figure out how to make the two genuinely intersect.”

This book is so informative and he shares his information in a way that is simple, easy to understand, and relatable. Download a copy and keep up with his blog and other strategies to stay relevant in the Information Age at his website www.newmusicstrategies.com

You can’t have it! It’s mine! ~ Copyright ownership and Collaboration

2012-02-19T15:39:00.004-08:00

In the music industry, you will inevitably work with another party to create a product, whether it’s a band, a producer, or another songwriter. Sometimes the collaboration process is smooth and easy- you all get together in one place (typically someone’s basement in the middle of the night) and have an impromptu jam session. Everyone feels the same vibe and you decide to put pen to paper to create a hit, or better yet, you break out your nearest recording device and record a live session- just to have something to work with later. Other times the process is a little more complicated- your label pairs you with a new producer or songwriter and you butt heads, or your bandmates disagree on the direction that your next album should take. Either way everything that happens after the creation of an original product can be complicated if the correct parameters aren’t set up first.

So now what? You all wrote a song and created a recording. Are they one and the same? Who owns the copyright? What happens when its time to sell this work? Who gets paid? According to Joy Butler in The Permission Seekers Guide Through the Legal Jungle, the rules are very clear. With every musical creation, whether by an individual or a group there are two distinct pieces that are copyrightable: The musical composition (lyrics melody etc.) that’s been written down and the sound recording. As a songwriter, you could own both: you wrote a complete song then went into the recording studio with your piano and guitar and created an awesome acoustic recording.

Or, it could go something like this: You wrote (most of a song) and you need help finishing it. You bring it to a producer who creates a track for it and adds a bridge as well as tweaks the hook. At this point without a formal agreement, both of you own half. Now when royalties come pouring in, or someone comes to you with the amazing opportunity to use this \recording as the soundtrack for a commercial, they have to get both of your permissions, even though in your mind the song is yours. You might say, “ That’s not fair! They didn’t write half of the song, just a line here and there! My voice is on the recording too! And now they have as much power, rights (and money) as I do?”

Can all of this be avoided, you ask? Yes. Although music is a creative process, get your business in order first. If you an your band get together and create a song, sit down right after and draw up an agreement as to who owns what, and what percentage. Oftentimes this agreement is called a split sheet.

This way when it comes time to register your work for copyright, you have a plan in place. Everyone knows how much each party gets paid and for how long. The same type of agreement applies whether you are collaborating with a producer, band, another artist, or your best friend.

“Fair Use” and other legal mumbo jumbo

2012-01-29T20:19:00.000-08:00

Sometimes the minutiae of the music industry can be overwhelming. In my interview with Entertainment Attorney Ken Franklin, we discuss his entry into Entertainment Law and common issues and misconceptions throughout the industry. He also gives us some great advice on finding legal counsel, avoiding infringement, contracts and staying informed.

Claudia MB: What prompted you to enter the legal field and why Entertainment?

Ken Franklin:

“I originally was interested in working in a legal or business capacity within a high tech company. I have a science background (Georgia Tech, Physics, 2004) and had been very attracted to the technology commercialization process. That led me to Emory’s JD/MBA program, which I completed in 2009. During that program, I developed interests in a variety of other areas, and entertainment was in my “top 3” due to a life-long music hobby. I was able to intern during law school for a few entertainment attorneys, and the interest solidified. I find that entertainment law, particular in music (which is my main focus), is a fascinating “behind the scenes” type of field, where one can witness and engage in the immense work and legal issues that are the backbone of such an important (and fun) element of our society and culture.”

CMB: Seeking legal counsel is always a great idea when signing anything while working in the industry. Oftentimes when a business or artist is first starting out, it does not always fit into their initial budget. Can you tell us more about your work with Georgia Lawyers for the Arts and the services they provide?

KF: “I was a volunteer intern at Georgia Lawyers for the Arts for a semester. It is a fantastic organization run by attorneys Lisa Moore (the Director, and Principal of The Moore Firm) and Elizabeth Wheeler. GLA helps place entertainment clients with attorneys who can assist with a particular entertainment legal issue, and will sometimes take a client in-house. If the client falls below a certain income threshold, GLA will try to place that client with an attorney who will be engaged on a pro-bono basis for a single matter. During my internship, I assisted with this placement process, and also conducted legal research on certain music rights issues related to in-house matters.”

CMB: I am sure practicing in Atlanta, such a strong music city, you deal with many recording artists. Can you give our readers some examples of the most common types of cases (music or otherwise) to come across your desk?

KF: “I spend the majority of my time assisting another local firm (The Law Offices of Sandra L. Brown, P.C.) that represents recording artists and producers (including A-list talent), managers, songwriters, and independent record labels, production companies, and music publishers. Most of my work involves drafting, reviewing and negotiating contracts that underlie the work these clients conduct in the music industry. I am ofteninvolved with short- and long-form record deals, producer agreements, publishing agreements and management agreements.”

CMB: Intellectual Property issues involving copyright and trademark, such as infringement or what is considered fair use, are very regular occurrences throughout the industry. Would you agree that obtaining copyright reports, title reports and the use of disclaimers could help avoid possible infringement? Can you give us a few examples of the most common situations that you have seen?

KF: “’Fair use’ is a complicated, fact-based and constantly evolving legal doctrine, so it is difficult and risky to assume you will be able to rely on it as an adequate defense if you are later sued. As a general matter, in music/entertainment, you will almost always need permission to use/copy/display/distribute/etc. someone else’s work and trademarks. If you are collaborating with others, having contracts in place that specify who owns the work/intellectual property is important and can help avoid disputes down the road.”

“Some examples of infringement cases I have seen: copyright infringement claims, where an artist was accused of incorporating a previously-created composition (to which the artist allegedly had access) into that artist’s song; trademark and related issues where an artist’s name and image were used, without permission, by a business in its marketing materials.”

CMB: Contracts are a huge part of an artist’s career as well as for someone starting a business in Entertainment such as consulting. Can you give us some tips on some of the most common pitfalls that artists and small business owners fall into when reading and/or negotiating a contract? How can they be avoided?

KF: “Entertainment contracts, generally, involve very complex legal issues and are drafted with complicated language. To be honest, the most common pitfalls I’ve seen involve situations where an artist signed a recording agreement or management agreement he/she thought they understood, without having it reviewed by an attorney with experience with those types of deals. By skipping this critical step, it is very easy to give away rights, owe lots of money, and/or find yourself stuck in a long-term contract lasting several years. I highly suggest always having a lawyer review a contract you are being asked to sign, and that lawyer should be an entertainment attorney with experience in the business. One should at least consult with an attorney even if paying for one might be an issue, because for some types of deals, it is customary for one side to pay the other’s legal fees. If a contract has already been signed, it is important to know what is in it to understand your rights and avoid breaches. Hiring an attorney to review and provide a summary is good idea.”

“Further, the more you educate yourself about the business, the better. There are several good books written for non-lawyers that explain music law concepts (like Don Passman’s All You Need To Know About The Music Business). Books should not be a substitutefor an attorney when you are negotiating a contract, but being more informed about the issues and how these contracts generally work is always a good thing.”

CMB: Artist management agreements, producer agreements, licensing agreements, recording contracts, talent agreements, songwriter agreements, Artist/venue agreements, consulting agreements; there are so many different types of agreements that can be made over the course of a career in the entertainment industry. Once you have signed something, you often feel as if there is no way out. Is it possible to get out of any of these agreements without ruining a relationship and do you have any suggestions as to how to avoid accidental breaches of contract?

KF: “There are certainly instances when the parties to a contract decide they want to amicably go their separate ways, and they negotiate a release or some form of separation agreement. Whether a relationship is “ruined” really would depend on the specific parties involved, the circumstances surrounding the relationship, and the type of contract it is. Parties can always separate peacefully if they choose. As for avoiding accidental breaches – it is important to understand what is in the contract – and that is where the attorney can help. Also, if a contract is being negotiated, the attorney should consider incorporating a “cure” provision that allows parties a certain time period to fix an accidental breach after being notified of that breach.”

CMB: If the consequences of a breach of contract are not stated explicitly within the terms of an agreement what are the possible legal ramifications of abandoning an agreement?

KF: “Possible ramifications: You get sued, you have to spend a lot of money to defend the lawsuit, you lose, and then you are forced by the court to comply with the contract and/or become responsible for paying heavy damages and the other side’s very high attorney’s fees.”

CMB: As an artist manager or an entertainment business consultant for instance, you are getting paid to give advice as well as guide someone else’s career. One possible way to protect yourself would be to obtain errors & omissions insurance. What are some other possible liabilities, such as misrepresentation, that they may face and how can they be prevented them from occurring?

KF: “ Breach of contract. This can be avoided by having the contract reviewed by an entertainment attorney and understanding what it is you have to do and when per the terms of the contract. “

After speaking with Attorney Franklin, there are some great takeaways that we can all use to solidify our choices throughout the industry. 1. Don’t go it alone. Seeking legal counsel when signing any paperwork is the best way to ensure that you understand what you are singing as well as ensuring that a contract contains all of the things that you need in order to make a partnership mutually beneficial. 2. Although lawyers aren’t cheap, there is a way for artists on a budget to receive the assistance they need. 3. Don’t underestimate the seriousness of a contract; however, know that there are ways to get out of one without injuring your business. 4. When in doubt, get it in writing. You need permission to use anything that is not our original work. No matter how small the sample, or how seemingly common the image, you must always go to the original owner and receive written permission to use any outside works.

Kenneth Franklin is an Entertainment Attorney based in Atlanta, GA. He can be reached at:

191 Peachtree Street, Suite 3300

Atlanta, GA 30309

(404) 877-8246

(404) 963-7062

ken@franklinlawgroup.net

Hip-Hop vs. Blues, User vs. Provider, “Termageddon” * and other Copyright Issues Plaguing the World Today

2012-01-08T19:02:00.000-08:00

“ It’s mine! Just admit it!”

In Gardner’s article (2011) about the case between Kanye West, Jay-Z and Syl Johnson, it’s all about the loopholes in the legal system regarding copyright. Mr. Johnson created a sound recording of his work Different Strokes in 1972. A sample of that song is supposedly included within the Watch the Throne album collaboration between Kanye West and Jay-Z. Johnson claims that he did not,at any time, give written permission for either artist to use any portion of his work on any project. He says that although it was requested for one of West’s earlier projects, that permission was not granted. According to Gardner (2011), copyright law did not include sound recordings until after 1972; therefore Johnson’s work would not be protected under that law. This is a very tricky situation because Different Strokes is publicly known as Johnson’s work. Whether or not it was officially registered, shouldn’t he be given some legal protection? I think that this is a very valid argument since the author of the work is still alive and able to prove the similarities between the two projects. Whether they admit to using the sample or not, regardless of the projects, Johnson should at the very least be credited. But I suppose that is for the judge to decide.

Ignorance is Bliss

If one person infringes on a copyright by uploading unauthorized work to a website, is the provider liable? The Ninth Circuit Court of Appeals says, “yes”. Seems very cut and dry, no? Except when you read through the Digital Millennium Copyright Act. In his article about the lawsuit between Universal Music Group and the website Veoh, Gardner (2011) explains the minutiae of the act. Veoh, a video sharing site, falls under the safe harbor clauses of the act, which only makes them liable if they are aware of infringing items on their site. The clause also requires the owner of the work to notify the provider of the crime and require them to remove it before the site can become liable for knowledgeable infringement. (Gardner, 2011) These provisions put the responsibility solely on the part of the owner of the work to monitor their creations on the Internet rather than have a provider screen and research every item uploaded to their site. This court ruling is huge. Because of the safe harbor, the court rules that Veoh is in the clear and UMG doesn’t have a foot to stand on. They based their decision on the precedent set by the Sony Corp. of America v. Universal City Studios case, “which helped legitimize the VCR, and finds that so long as the product was ‘capable of substantial non-infringing uses’, the Supreme Court ‘refused to impute knowledge of infringement.’” (Gardner, 2011). I believe that it is both parties’ responsibility to regulate work that is protected by copyright. Providers could set up a screening process including a 24-hour wait time for approval before allowing a user's item to be visible on their site. The battle wages on as an appeal on a similar case is expected in the near future.

The end is near….

In the case between EMI and the J. Fred Coots estate, the issue is as iffy as a one-time use disposable camera. Coots, co-writer of the holiday classic Santa Claus is Coming To Town, motioned to terminate his publishing rights with publisher Leo Feist in 1981. After a couple of transfers of ownership, EMI became owners of Feist's company. After Coots’ death, his estate tried to reinstate the termination in 2004. Apparently songwriters have a one-time right to terminate a work only after it has been published for 35 years (Gardner, 2011), which the courts ruled, Coots had already done. His estate wants to deem that 1981 termination as “invalid and unenforceable and that the 2004 notice is in force. The plaintiff is also seeking compensatory damages.” In my opinion, this lawsuit is ridiculous. The estate is just looking to get money that they are not entitled to. If Coots motioned to terminate in writing back in 1981, then he exercised his right. I can see how the family would like to have a copy of a valid notice for their records; however, asking for compensation for everything that has occurred between 1981 and now is ludicrous.

References

1. Gardner, E. (2011, December 19). Kanye West, Jay-Z respond to "watch the

t throne”illegal sampling lawsuit. Retrieved from

http://www.hollywoodreporter.com/thr-esq/jay-z-kanye-west-watch-throne-lawsuit-275270

2. Gardner, E. (2011, December 20). Ninth circuit court of appeals makes

landmark ruling in copyright case. Retrieved from

http://www.hollywoodreporter.com/thr-esq/copyright-case-universal-music-veoh-275779

3. *Gardner, E. (2011, December 21). Songwriter's estate wants control over

'Santa Claus is comin' to town’. Retrieved from

http://www.hollywoodreporter.com/thr-esq/songwriters-estate-wants-control-santa-275899

To Be or Not To Be? Are you READY for a Manager?

2011-12-11T19:53:00.001-08:00

As an Artist, one of the most difficult decisions to make are whether or not to self manage, or go out and find a manager. Do you look to family and friends, do you reach out to your network and find someone you don’t know in the industry and put your career in their hands? Before you freak out and buckle under the stress of making these choices, make sure that you are in fact ready for management at all.

The purpose of a manager is to help guide a career that is already in motion. Key phrase: “that is already in motion”. Do not expect a manager to share their connections and help market and promote an artist that isn’t doing anything for themself. An artist’s first job is to perfect their craft. Of course you are always evolving and changing, however you must already be putting in the work. Your time should be spent practicing, writing music, in voice lessons, creating a stage show, and rehearsing with your band (if you’re a solo artist). The second portion of your time should be spent getting your music out to your circle of friends and building a fan base through your social media connections, going out to local events, networking. You should live and breathe your craft. Not sit back waiting for something to happen.

Case in point: ( This story is true. Names and places have been changed to protect the innocent)

Ken is a singer songwriter from the Deep South. He has been writing since he was small and went to a well-known university for music and proudly graduated with a bachelors in music business. He felt that he needed a change of scene in order to make it big in the industry, so he packed up all of his worldly goods into his car and moved to Nashville, a place where he thought the music industry would have a door wide open waiting for him.

After he arrived in Nashville, he thought, “ here’s my chance, I will get tons of gigs, and people will see me and I will get discovered because of my untrained, but tremendous talent.” Weeks went by and nothing. No gigs, no friends, no stardom. The only singing he did was in the shower and in the car on the way to his restaurant job.

One day Ken lucked out. At a local bar one night he started talking to Barbie. Barbie was a self-made local celebrity. She hosted parties all over Nashville, was an singer herself and had a good friend who was a songwriter who was looking for a front man for her band in order to shop her music to labels. After a quick conversation, it was decided, Ken would meet Jenny the songwriter and they would take it from there.

Jenny and Ken hit it off at first and it was quickly decided that Ken would join the band. Barbie needed live music for her parties so the band was immediately booked at most of Barbie’s monthly events. Jenny and Ken sat down and collaborated on many of the songs for the band. Barbie helped Ken create a fan base via social media and continued to connect Ken with everyone she knew in the industry. She also personally took Ken under her wing and styled him for performances. Basically Barbie took on the role of Ken’s temporary manager. For a while everything was good, until things changed.

Ken asked for styling advice from Barbie, but always ended up wearing anything he wanted on stage regardless of whether or not it was effective. Ken was grateful for Barbie’s help with social media, but never maintained the sites. He updated rarely, but when he did, it was always about what he had for lunch, where he got his hair cut, and other ordinary things. Even though he was working with great artists and getting booked at Barbie’s events, he never shared that with his social network and his fan base became stagnant. He stayed out late, drank a lot and never practiced, and never sought out vocal training. He begged his band mates to help him write accompaniment for his newly written lyrics and melodies, but criticized their every note. He also refused to learn how to read music, how to play enough guitar or piano to be able to write for himself even though they offered to teach him for free. He was consistently late for rehearsals and made every other portion of his life more important than the band. He was never “in the mood” to sing Jenny’s music, he was only fully engaged when the band played Kens music and Ken’s alone.

Soon Barbie stopped helping Ken because Ken wouldn’t help himself. Tension grew within the band and the band took a private vote and decided to look for a new front man who was as dedicated to music as they were. Ken was left out in the cold, removed from Nashville’s inner circle and left to fend for himself, having now burned bridges with all of the connections that he had made through Barbie, but never maintained.

Ken was not ready for a manager of any kind. Ken was caught up in the “idea” of being a full time musician, but not the “reality” of the work involved. Managers want to see that you have put in all the work yourself in order to get where you are. The manager’s job is to lighten a load that has become unbearable as well as take you to the next level. They are not there to create a career from nothing; they are not there to work for someone who is doing nothing on their own. Moral of the story is: work hard. Study your craft. Research your industry and have a realistic goal in mind and at least an idea of a reasonable way to get there. The manager should help get you to the next level. When you have proven that you have taken yourself s far as it is possible to go through hard work and dedication, then you are ready for management. A manager will only work as hard for you as you will for yourself.

Do you have what it takes?: Barry Brandon pt 2.

2011-11-28T23:55:00.001-08:00

In the second part of our interview we continue to discuss Barry Brandon's many roles, especially as a promoter and artist manager and how he is able to use his stellar interpersonal skills to create opportunities for all the people he works with.

Claudia MB:

How do you deal with negative emotions while negotiating a deal or working with an artist? What if they lash out at you, if it becomes personal, or if it becomes a heated situation?

Barry Brandon:
"I don’t believe at any point, in public viewings…. that I have ever lashed out at someone in a disrespectful manner. That all happens behind closed doors. Not to say that we are disrespectful behind closed doors, but the communication within our team may get heated within ourselves. But I think its really important for the community, your artists fan base, your clientele depending on what job that you do…. that they never know any of that. I’ve always said, ‘Perception is Reality’…that’s the bottom line. And if someone perceives something to be true, then it’s true…. So I think if you just acknowledge what anyone is saying at any given time, you respect it and you answer accordingly… you mean it from your heart, the truth will prevail."

CMB:

Sometimes emotions can play a huge part in how you interact with a client or a venue where you are putting on an event. You try to separate that, for example, you can sit down and work with someone that you don’t like [personally] and create and agreement that works for both of you because you focus on the project or the problem, is that correct?

BB:

"I would say that I do that 85% of the time…. if it’s the right professional thing to do, I will do it. I will also argue that when it comes to 15% of people or places, I simply will not bring money to that person or business… It’s not a matter of making it publicly known why I would even entertain the idea of joining forces with that particular person, because no one needs to know that. Credibility is really important when.... you work for yourself. You are your brand and when you are your name, then you are responsible for your reputation, so credibility ultimately is all that matters."

As Barry Brandon has learned through his experience in the industry dealing with all types of people, It is important that each party is aware of what is expected of them in order to avoid conflict in the future. He has learned that you can work with anyone temporarily as long as your business activities are a good match, even if you personally clash. Ultimately he has learned that when you work for yourself, building and maintaining a good reputation is the best and only way to succeed in any aspect of the industry especially when you are representing an artist or an organization.

"It wasn’t until April of this year that I was introduced to Barry Brandon and the amazing Bedlam Presents crew. Never asking me to compromise personally or musically, they embraced me and quickly stepped forward to form a band. Members include songwriter JL Rodriguez on keys, Bobby Brandon on drums, Andrew Spring on bass and Jose Gabriel on guitar." ~ Jean Kelley in her interview with Maximillian Corwell of David Magazine

In the Spotlight: Barry Brandon

2011-11-13T19:34:00.001-08:00

As a singer, party promoter for Bedlam Presents, founder of the non-profit organization Hold Me in Your Heart and sometimes artist manager, Barry Brandon spends his days making deals. Listed as one of Atlanta’s 50 most influential people of 2010 according to Fenuxe Magazine, he is used to being in the public eye and using his interaction with people and ability to negotiate, to keep his career going. In this interview, I sit down with Mr. Brandon to pick his brain and learn how he is so good at what he does.

Claudia MB:

As a party promoter, artist, president of a charitable foundation, and artist manager, I am sure that deal making is part of your everyday existence. Can you tell me about the type of deals that you handle most often in all of those different roles?

Barry Brandon :

"Actually I view them all the same. The thing is, that I think as a party promoter, you can get the most out of a venue than with those other things [roles]. Usually when you’re touring with a band, it’s a harder thing to book and you don’t usually make as much money. There is a cost for the sound person, for the door person…. production fees, and you don’t make your money from the door until that number is hit. When you are working as a non-profit organization or you’re a company putting on an event, when you approach someone, they are going to have a renter’s fee. When you are a promoter, all of those things go out the door. Because as a promoter, your name is what is bringing the money into the venue, so the venue is relying on your name to bring people through the door that will drink and spend money. Therefore you have a lot more leeway in your negotiation. So I approach everything as a promoter and not as a musician [with the majority verbal agreements and a few written]."

CMB:

When negotiating. how do you use objective criteria such as: precedent, professional standards, moral standards, reciprocity, or market value to support your requests?

BB:

" I give them product knowledge, what were supplying, what you’re getting in return, and I discuss it simply on a money factor. When booking a band we would never go into conversation about how good they are or what kind of music they played. I don’t discuss their fanbases or how many albums they’ve sold and who knows them, those things- don’t worry about it. If I can get 300 people into your venue and the bar tab is $5000-$6000, what do you care if the band is good or not? [I justify the dollar amount the venue makes] based on a common number within the industry. Promoters make a certain amount or the venues average payout is on a different scale than a promoter….."

CMB:

How does having a BATNA (best alternative to a negotiated agreement) affect how you view a negotiation, or does it have any bearing at all on your approach? Do you feel that it gives you more leverage during?

BB:

"I always have a Plan D [besides Plan B, and C], so for me, my vision is that I don’t own a venue and I don’t own a space, but I have a product that can make you $6000 a night. I bring whatever I am bringing to the table, I bring the people, and these people spend money so what I want in return is [a cut of the profits]. If you don’t want to do that, then you don’t deserve to get that [the people I can bring to the venue]. I addition to knowing that, there is always another option and you are never actually screwed. I think it is a mutually beneficial relationship between the two [the venue and the promoter]… Its not a matter of, If you don’t do what I want then I’m leaving, it’s a matter of communication until the problem at hand is solved and knowing that on both sides, there is always another option."

CMB:

How do you handle being seen as a less powerful member of a negotiation?

BB:

" The second that you start stressing about how you are going to do thing based on how the other person does business, is when you will never have the upper hand and you will always feel like you have something to lose. You know your product, you know what you have to offer – just do it."

Stay tuned for the next installment of this interview and learn more about upcoming Bedlam events, Barry Brandon’s performance of In My Own Words, a one man cabaret show supporting Hold Me in Your Heart . Be on the look out for his upcoming documentary The Tin Man Project showcasing his journey through the last of his 8 open heart surgeries and the inspiration for the Hold Me in Your Heart Foundation.

THE TIN MAN PROJECT

Seven is Quite Enough from David Lewis on Vimeo.

BEDLAM PRESENTS 1 Year Anniversary

How much does this REALLY cost?

2011-10-16T19:54:00.000-07:00

One day not too long ago, I was walking past the front window of a music store. Displayed in the case under beautiful showroom lights was the keyboard of my dreams.

As a vocal coach, having a piano is a key factor in being able to perform your job duties at the highest level. I had been working without one for some time, renting studio spaces that provided pianos, but I was limited to where I could go and how many students I could teach due to scheduling conflicts with the studios. At the same time I had been saving up enough fund

s to put my car into the shop to fix a dent put into it by an anonymous individual who seemed to have , *ehem*, difficulty parking in the space next to mine.

( Gotta love those people who hit your car and don’t leave a note!)

Along with the other dings created by people who cant seem to be able to control their shopping carts.

Coincidentally the amount I had saved matched the cost of this shiny new keyboard. I felt the money burning a hole in my pocket and had to make the choice, pretty car? or shiny new keyboard? As I weighed the pros and cons, I realized that the cost incurred for going with car over the keyboard was more than money. Yes I would love for my vehicle to be presentable (rather than the embarrassment it currently was), but buy buying the keyboard, it would increase the profitability of my business as I would be able to work out of my home rather than renting studio space and I would be able to increase my client roster by travelling directly to a students home with my portable keyboard. What do you think I chose?

Every time you make the decision to do something, you are giving up the opportunity to do something else. This is referred to as opportunity cost. A lot of times it can be measured monetarily ( when one thing costs more than another) but other times it can be the decision between something that will provide instant gratification over long term benefits. I think we as artists, musician, and small business owners tend to look at things one way or the other: money, or value. A prime example is concert guitar-piano duo Robert Bekkers and Anne Ku who discuss the "cost" of attending a concert when you are a musician yourself in their Concert Blog.

It is important to growth of our businesses, careers, and personal lives to revaluate every choice while factoring in what you would be missing out on as well as the “cost” of the choice. Sometimes the cost is time, other times its experiences, and often, its education. Remember, not all things can be measured in money.

Do YOU have Klout?

2011-10-02T19:08:00.000-07:00

In finance, one is asked to analyze “meaningful comparisons” or ratios to determine the health of a company. One looks for trends, crunches numbers, and collects numerical data in order to determine how “well” a company is doing. We look at profit, sales, expenses, stock prices, assets, and debt and review how our numbers compare to similar companies within our own industry. This information helps business owners to determine whether or not to make changes in the future, can reflect success of past business decisions, and may reveal indicators of needed changes to some of our business practices.

As musicians, artists, party promoters, and individuals in the entertainment industry, you may ask, “What does this have to do with me? I don’t own a business, I just do what my record label (or parent company tell me to do.)” Whether you own a small business or are a rock band on tour, your goal is to influence your target audience. You are selling a physical product, an idea, or an image and as important as is to keep track of your financial health, it is equally important to measure your sphere of influence.

Social media is how most entertainment entities reach their fans and potential clients. Although not all interactions turn into profit, they can be a huge indicator as to how far your ideas have spread. They can also show how likely your target audience is to spend money on your product, attend your concert, buy your album etc. based on how much they interact with your public identity. Until recently, you were only able to measure your success based on how many Facebook likes your fan page has, or maybe the number of followers you have on Twitter. Now there is an even better way to monitor your sphere of influence: Klout.

Why is Klout important?

Klout measures your social media activity on all of the major social networking sites: Facebook, Twitter, and LinkedIn.

According to Klout.com your “Klout Score measures influence based on your ability to drive action. Every time you create content or engage you influence others. The Klout Score uses data from social networks in order to measure: True Reach: How many people you influence, Amplification: How much you influence them, Network Impact: The influence of your network”

With the recent addition of YouTube, Google+, Blogger, Flickr, Instagram, Last.fm, Tumblr, and WordPress Klout now has the ability to monitor the full scope of your social media influence. This can be used as a tool to examine marketing success, for brand building test a new product or idea, and to see how much of a buzz you can create throughout the Internet. “So I get a score, big deal.” There is more than that. Klout users at differing levels are offered perks like swag, exclusive experiences, and of course, bragging rights.

Hidden Potential

2011-09-23T22:04:00.000-07:00

Seth Godin in his talk on TED.com spends 20 hilarious minutes discussing things that are broken. In this lecture, he talks about things present in his everyday life that he (and perhaps you) perceive as broken. “If I think it’s broken, it’s broken” he tells his audience as he shows slide after slide of examples split into 7 main categories: 1. Not my job, 2. Selfish jerks, 3. The world changed, 4. I didn’t know, 5. I’m not a fish, 6.Contradictions, and 7. Broken on purpose. These ideas inspired him to co-create a website called www.thisisbroken.com where users can upload their own personal “broken” experiences.

Mr. Godin’s passion is evident in every word he speaks. It is as if the ideas are moving so quickly through his head, it’s all he can do to get them out at a speed that we can understand. He is most focused on the interaction between people and how these poorly designed situations devalue the customer experience.

I find this lecture particularly relevant because, although he focused on the things he has observed in everyday life, a lot of examples have to do with marketing. From Spam email, to signage, to product packaging, he explains how each one of these “problems” break the interaction between the audience and the intended message. He describes how many companies are not taking advantages of the possible continued relationships with their customers. Marketing is a conversation between a company and its intended audience. Clear communication solidifies the relation between a company and its consumer. The poor execution of simple ideas can form barriers that hinder this relationship.

What a great way to look at your marketing strategies regardless of the industry. Many companies, artists, etc. have such great ideas, but poor execution. Mr. Godin inspired me to look at my everyday environment and see what can be improved, then take action to fix it. This ties right in to what I do for my clients, problem solve. It’s not enough to notice something isn’t working, its time to do something about it and discover the hidden potential within your company, art, or product, and develop it.

Organize! Your mind, your space,your life!

2011-09-18T16:25:00.000-07:00

One part of the general management consulting industry is workplace organization. For those moving into the realm a great resource is the National Association of Professional Organizers (NAPO). Many think that professional organizing is a tool only used in your home. Workplace clutter is one of the top reasons that the day-to-day operation of your office or studio can be hindered. Not being able to find a client file, having a cluttered desk, and a lack of storage all contribute to inefficiency in the workplace. One of the main goals of NAPO “is to have the world recognize the value of organizing and turn to NAPO as the leading organizing authority. Our mission is to develop, lead, and promote professional organizers and the organizing industry.”

NAPO is a wonderful resource to continue your education in organizing and creating workplace systems. They offer courses for general knowledge or specific challenges. The courses all count as credit toward certification, which can solidify your reputation within the consulting industry and confirm credibility by becoming a certified professional organizer.

Their varying chapters give organizers at any level the opportunity to network with others in their field. NAPO also participates in community outreach going into schools to teach basic organization skills as well as assisting people in transition with organizing their lives to help them move forward out of homelessness. The community efforts are a great way for consultants to get new clients as well as identify needs within their market.

Membership offers the advantage of discounts with many retailers related to organization. They also offer a section called the Industry Exchange, which offers member a first look at new products, and deep discounts only available to NAPO. Members have the chance to become involved in national conferences throughout the country. These conferences involve specialized education, lectures from leaders within the industry as well as front row access to the latest trends and changes within the industry. NAPO has also created a member directory where prospective clients can search for the best Certified Professional Organizer (CPO) to suit their specific challenges.

Becoming a member of NAPO helps the general management consultant to refine their skills, increase their knowledge, and connect with the rest of the industry. Credibility is one of the most crucial parts of success as a consultant as well as being on top of what’s new and useful to your client. As part of the organization, you are marketed directly to your target market as part of their official website. Don’t we all want to be part of something great?

"Delivering Happiness": The Importance of Company Culture

2011-09-14T07:54:00.000-07:00

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Be Remarkable!

2011-09-08T10:48:00.000-07:00

It's not enough to be good at something. Sometimes its not even necessary. But in today's age, what is most important is to stand out. Playing it safe is risky, be bold!

Welcome to the Matrix: QR Codes

2011-08-21T20:10:00.000-07:00

The goal of technology is to make things easier by getting information to you as quickly as possible. A fantastic example of this within the entertainment industry is through the use of Quick Response codes. You may have seen them in the corners of magazine ads, and on band posters taped to the sides of buildings. They are little squares similar to barcodes. What are they for, you ask? They are your gateway to the Internet in the blink of an eye. Imagine Neo getting plugged into the Matrix.

QR codes are a great way to get consumers (whether in business or music) to see the specific information that enhances your brand.

Whether it be a link to your band page,

the product list on your website,

or your Twitter and Youtube pages, these codes send your audience directly there. Its as simple as pressing the shutter button on your smart phone.

The use of QR codes is an amazing trend in mobile marketing. One of the attributes that make it so great, is how easy they are to use. Newer phones come with the Readers/Barcode Scanners pre-installed. There are also many free QR generators available on the web for public use. They can also be printed on practically anything, from product packaging to business cards, to decals on the side of your company car or touring van.

Playing a gig ? Sell concert T-shirts at your merchandise table with QR codes printed right on them. That way your fans literally become walking billboards for your music. Put your album cover or band name on the front, and the QR codes on the back. The link can send curious people straight to iTunes or CD baby to listen to samples of your music and then purchase your album.

If you are a small business that sells a product or service, use QR codes to direct potential customers to coupons and special offers only available via this link. You would be surprised how many people walking by your storefront ( with a QR code displayed in the window of course!) would click the link and then come in to purchase the item associated with that special offer.

QR codes keep customers engaged without keeping them tied to a computer. They turn passive observers into active consumers. So will you take the blue pill and stick with the posters, stickers, fliers and mailers that you’ve always used or take the red pill and ride the wave of the future? The choice is yours.

"This is your last chance. After this, there is no turning back. You take the blue pill - the story ends, you wake up in your bed and believe whatever you want to believe. You take the red pill - you stay in Wonderland and I show you how deep the rabbit-hole goes."~The Matrix

~All photos courtesy of the Warner Brothers film, The Matrix

Spotify: Good Idea? Bad Idea?

2011-08-07T19:21:00.000-07:00

Spotify, (just in case you’ve been asleep for the past month) is a Swedish music service that allows users to listen to full albums streaming on the Internet for free. All the user needs to do is download the app and they have instant access to hundreds of thousands of songs on their desktop. They cannot download or transfer the music with this service, but they can create playlists to share with other Spotify users. Other paid levels of this service allow access to the database via your mobile device that is ad free, and available both on-line or off. It started as Spotify AB, available in Europe as of October 2008. In July of this year, it became available to the United States by invitation only. What does this mean for independent musicians?

As an independent or unsigned artist, the most important thing you can do is to expose your music to as many audiences as possible. Spotify guarantees widespread exposure by mixing your music with other major artists in the same genre. Allowing users to listen to your music for free, creates a legal way for potential fans to “try before the buy” without having to steal your music from the web. With this service, users can share playlists through social media, drawing a new following and introducing your music to an audience who otherwise may never have come across your album. Fans are also persuaded to spend their money on concerts/shows and merchandise since they have not had to purchase the music itself. Another plus are the royalties you receive every time your music is played. The service can also generate consumer reports so that you can track your audience and see what songs fans are listening to regularly.

Fans get to hear not just select songs, but your entire album for free. The number of plays is unlimited (with Premium service), so why should they bother to buy, especially if they can also listen on their mobile phone. They would be able to bring the music with them in the car and everywhere else they go. In order to be included in the service, you must already be connected to their list of aggregators. Although you get royalties, Major labels are shareholders in Spotify and earn more money per play that their unsigned counterparts. According to a PDA: The Digital Content Blog, independent artists are getting short-changed with regards to revenue.

All in all, although you can’t count on Spotify to pay your rent, as an unsigned artist, it can only help. Building your fan base should be top priority and you will be surprised how many fans want to support you and buy your albums anyway. Giving people a way to sample your music will bring new fans to your shows and can help pull your band from obscurity.

~all photos from Warner Bros. animation sketch "Good Idea, Bad Idea" from the cartoon Animaniacs

DIY Branding Profile: Turquoise Jeep

2011-07-17T16:50:00.000-07:00

For all you newbies out there in the music industry wondering, “How am I going to make it, if I’m not signed to a huge label?” Put your worries to rest. The industry is changing and shifting into a Brave New World. It is no longer necessary to be embraced by a media giant in order to create a presence in the music scene. All you need is a great idea, catchy music, and an image. Now don’t get me wrong, you can’t do it alone. Surround yourself with a group of positive and talented people. You’ll need a producer, a video director, and a beast editor. You’ll need to write your own music, really figure out what audience will be most receptive to your unique sound, and do everything you can to Sound More Epic ;). Next step: Activate your YouTube account and ask the masses “What kind of music is missing from your IPod?” and you too, can create your own following. It is all about the brand. A prime example of successful do-it-yourself branding would be the phenomenon that is Turquoise Jeep .

The most important part of branding is: Identify your target audience. The music of Turquoise Jeep is definitely for the masses. How many times have you heard the question “What happened to the good old days when music made you feel something?” Whether the reaction is laughter, shock, confusion, or disbelief, with over 4.5 million views their hit single Lemme Smang It is clearly what their teen and college student demographic is looking for. These viral videos along with their album Turquoise Jeep Records: Keep The Jeep Ridin' ,“have already made them cult heroes.” says Jason Newman in his MTV Buzzworthy Blog.

So what makes TJ so successful? In a recent phone interview with Co-CEO Whatchyamacallit, we discussed their marketing strategy. Heavily influenced by the RnB, Hip Hop, and Pop music of the late 80’s and early 90’s, “We’re stuck in a time capsule. [we make] feel good music, rather than emotionally driven [such as anger] from a time when music was fun and safe to do”. Looking to their fan base for confirmation via social media , whether it be tribute videos on YouTube or comments on their Facebook/Twitter pages (@TurquoiseJeep) , people enjoy watching the videos because, “Every member has a [distinct] character and every character is relatable", says Whatchyamacallit.

They are certainly “characters” all right with:

   (the "Ladies Man") (the hardcore (need I say more?)
   rapper/dancer)


(Mr. "Blue Eyed Soul") (the crooner) (the genius behind all
   of TJ's bangin' tracks)

“Every song is represented by dance and the visual aspects look the way the music makes you feel,” he continues. Part of the visual they create in their videos is with their clothing line: Turquoise Jeep Records.

Another marketing tip: Get your fans involved. The more interactive your product is, the more people come back. Signature dances give people something to learn. They also give people a reason to watch the videos again and again and even more reason to download the album as the perfect soundtrack to perform their freshly learned moves at parties, the club, and for friends and family.

Once you know the words, dances and have the T-shirt , what better place to show off your new duds that at Turquoise Jeep concert? They will be hitting the stage again on their Keep the Jeep Ridin’ College Tour this fall. Next stop July 30, in Boston, MA at Good Life Bar , with two more shows booked in late August in Athens, GA and North Carolina. Just in case you were unsure whether they are serious or not, check them out March 2012 at the South by Southwest Music Festival ( SXSW)! If their past shows are any indication, their fans are willing to drive quite a distance to support them.

This constant exposure puts them in the right circles and their commitment to networking positioned them to be able to open for Big Boi of Outkast at Atlanta’s CenterStage, Co-CEO Flynt Flossy explains in his interview with Nick Murray of the Village Voice “Q&A: Flynt Flossy On The Past, Present, And Future Of Turquoise Jeep Records”They’ve even had some of their signature phrases quoted on the NBC drama The Cape .

“The objectives that a good brand will achieve include: Delivers the message clearly, Confirms your credibility, Connects your target prospects emotionally, Motivates the buyer, [and] Concretes User Loyalty ”, says marketing expert Laura Lake in her article

“ What is branding and how is it important to your marketing strategy". Their simple videos, exaggerated catch phrases, vibrant clothing line, individual character development and high energy concerts have clearly defined their brand.

Ultimately, their commitment to their fans, asking questions and really adapting according to the responses, have put Turquoise Jeep on the fast track to success. And all TJ can do is say thank you. “ What makes us most successful is our connection to our fans. There are so many other artists out who are completely disconnected. The fans make you. Without them there would be no album. They accepted us just like this. They came into our world and didn’t try to rape it.” ~ Whatchyamacallit.

The people speak and Turquoise Jeep listens. TJ will be adding 3 new designs to their clothing line by popular demand: The Flynt Flossy tank featured in the Can he Move Like This video, a Cavities design, and a Fried or Fertilized themed shirt expected to be released in the next couple of months. Also be on the look out for their second album KTJR2 and the highly anticipated Flow with the Floss Dance instructional DVD to be out later this fall (what a great holiday gift! J)

Whether you’re a lover or a hater, think they’re hilarious, or just don’t get them, Turquoise Jeep is definitely something you remember. And isn’t that the point?