artist development 15
Product development prep
One of the last parts of putting together an Artist Development Plan is preparing for product development. This is not the development of products itself but the preparation of putting together products (such as recordings), or services (such as performances.) In particular, there are a few items of developing products that takes planning and preparation. They include preparing for licensing, preparing for performing, preparing for recording and preparing for merchandising. In a basic sense, Artists should not attempt to complete any product development issues prior to completing all of their Artist Development Plan.
Artist Products that Need Development Planning:
Content Licensing
Performing
Recording
Merchandising
Preparing for Product Development - Licensing
For licensing to occur there needs to be a license. A license is a legal agreement between two or more parties expressly giving permission to use property of one party to a second party. In the music business, licensing intellectual property is the most common situation such as songs, recordings of songs, images, logos, photographs as well as merchandise, downloads and videos.
Potential Products for Artists to License:
Downloads
Images
Logos
Merchandise
Photographs
Recordings of songs
Songs
Trademarks
Videos
A licensor may grant a license under intellectual property laws to authorize the use of their copyright, trademark or patent. This license spares the licensee from a claim of infringement from the licensor. A license under intellectual property commonly has several component parts beyond the grant itself. These components include a term, territory, renewal provisions, and other limitations deemed vital to the licensor.
· License Term: Many licenses are valid for a particular length of time. This protects the licensor should the value of the license increase, or market conditions change. It also preserves enforceability by ensuring that no license extends beyond the term of the agreement.
· License Territory: A license may stipulate what territory the rights pertain to. For example, a license with a territory limited to "North America" (United States/Canada) would not permit a licensee any protection from actions for use in Japan.
· License Renewal Provisions: In some licenses, there are provisions for renewals. These renewals may be at the option of either party depending on their agreement. Their agreement may also state that the license have automatic renewals.
Different Types of Licenses
Music licensing can be a quite confusing and there are different types of licenses. There are hundreds of potential licenses that an Artist-Songwriter may grant.
• Licensee – person/client in need of music or who work is licensed to
• Licensor – Creator, rights holder of the music/work
• Tracks – Music, cues, composition, material
Licensing is the act of giving a third party the right to use your material. That’s all it is. Whether you do this for free or fee… that’s up to you and whatever you decide to negotiate.
Song Licensing
If an Artist is a songwriter, their primary source of income is licensing the use of their songs. Before a CD, cassette, television program or commercial can be released, the producer of such media must get permission from the song owner in the form of a license. The song owner may be a songwriter and/or the songwriter’s music publisher. A songwriter issues a license to a music publisher granting the music publisher the right to pitch the song for commercial use. All terms and conditions for use of the song are spelled out when a license is issued.
When a song is licensed for use on an audio recording such as a compact disc or a WAV or MP3 file, a statutory rate of pay is paid by the owner of the recording to the owner of the song. When the owner of the recording duplicates the recording, the songwriter is owed money for each duplication (or replication.). After the initial publishing of a song, the current statutory rate is $0.091 (9.1 cents) per copy for songs under 5 minutes in length. If the song is longer than 5 minutes incremental fees are paid.
When a song is licensed for use in video, the producer of the video must obtain a synchronization license from the owner of the song. This fee is negotiated and can be for use in specific medias and for specific times or dates.
Before a song is released as a recordings or on a video, a license should be obtained by the producer from the song owner. In a large music-publishing house, there is usually a licensing department that negotiates and issues licenses.
There are two ways to for Artist-Songwriters to obtain a license for the use of their song(s). The first way is for the Artist to pitch their songs to create interest or, secondly, work with a third-party person or company to pitch those song for them, such as a music publisher or independent song-plugger..
Typically music publishers have a staff to research, maintain and solicit the use of songs. That’s their job. Individual songwriters can do the same and granted, it's not on as large a scale as major music publishers. It is still music publishing none-the less.
As discussed in the publishing section of the Artist Development Plan, songs have multiple possible income streams.
Publishing Royalties
Synchronization Royalties
Grand Rights Royalties
Print Royalties
Foreign Royalties
Mechanical Royalties
Performance Royalties
Blanket Licenses
A blanket license allows a client to use a catalog of songs for an annual fee. This type of license is typically purchased by a business that uses music in a public performance setting. This could be the use of songs live, as in a concert setting, or recorded, such as on a radio station, For businesses that use music in a public performance, a blanket license makes using music much easier because there is less paperwork involved. These businesses don’t have to contact each owner of copyrighted material for permission to use the music in the course of them doing business.
Businesses typically purchase blanket licenses from Performing Rights Organizations who collect fees and issue licenses. This is one of the primary reasons that a Artist-Songwriter joins one. There is more about Performing Rights Organizations in a separate section of the Artist Development Plan.
Venues that are likely to obtain a blanket license include hotels, bars, restaurants, hospitals, grocery stores, television stations and just about any business that uses music to set the mood or tone for their establishment.
These licenses can range from a few hundred to several thousand dollars, it just depends on what’s negotiated.
Music licensing is the process by which a company or entity obtains the rights to play a song which they did not themselves originally create. Licensing helps song writers, music producers and record companies to retain control over their original material as well as potentially profit from the use of their work.
Licensing songs typically involves negotiating a flat fee, collecting royalties if the work is a success, and occasionally obtaining compensation from other forms of content usage. Knowing how to license a song is an essential skill for musicians wishing to protect and profit off their original material.
Online Music Download Licensing
Songwriter-Artists, who own the recordings of their songs may desire to have these recordings available on the World Wide Web and be available on many Online Music Distribution sites such as I-Tunes or Rhapsody. In this case, a license is issued by the songwriter and the owner of the sound recording to the Online Music Distributor granting permission to have the song available for fans and customers.
On the flipside, Artists who own their own recordings of their songs may want to post their recordings on their web site. They then require their fans obtain a license to download the song. In this case, the fan may click an online button, signifying that they agree not to share the music mp3 file with any other person or business or to re-mix or otherwise transform the original piece of art. This is the most typical type of license for Artists offering fans a music download.
Synchronization Licenses
Of all licenses, the sync license is probably the most popular. It’s basically an agreement between licensee and the copyright owner. Sync licenses are most often used in TV/Film and video games, anything else media related.
How much can be made from sync fee’s? A couple pennies, maybe even a few thousand dollars. It depends on a few things:
1. How the song is used (background music, stinger, main theme song of show). These all pay differently and are up for negotiation.
2. Where the song is being used. Songwriters are paid more from a placement in a major motion picture than they would in indie film (typically).
3. What type of television show will use the music. Is it a popular drama, simple reality show, growing reality show?
4. Experience and brand, someone like Han Zimmer is going to make a lot more just because everyone knows the quality of his work.
5. Project’s budget (bigger company typically means bigger budget).
Master Recording Licenses
Master licenses are made between the person who owns the master recording (company or creator) and the film or TV show who wishes to use the material. It gives the licensee authorization to the recorded track/song in visual projects.
Having a master license is only half the battle though, in order to use the track in it’s entirety a sync license is needed along with the master license.
Master & Sync licenses are very similar as they are required for the licensee to use music in media based projects, but there is a slight difference.
The master license grants rights to the “original recording”. The sync allows the client to use the composition and rerecord the song. Normally when a record label signs an act they’ll almost always control or own the master.
Can you imagine what conflicts and disagreements could arise from that’s arrangement?
Let’s say an artist like Rhianna is willing to accept a license fee of $9,500 (again let’s say), but the record label owning the master and maybe even the copyright says “no” we want $33,000. If that price range is out of the client’s budget… they’ll walk
I can’t say I blame the label, but can you imagine how difficult that must be for the artist. 8K, 5k, 10k… I’m not saying anyone would strike it rich at those prices, but enough of those declined over time is a huge loss.
Mechanical Licenses
As a part of copyright law, a mechanical license is a license that grants certain limited permissions to work with, study, improve upon, reinterpret, or re-record something that is neither a free/open source item nor in the public domain.
It is not unusual that a songwriter, who owns the copyright in an underlying musical work, while another independent party owns the copyright to the recording of that work.
A mechanical license is a license granted by the holder of the underlying musical work for another party to cover, reproduce, or sample specific parts of the original composition.
Copyright law also allows for a "compulsory mechanical license". Under the law, anybody can obtain a compulsory mechanical license without express permission from the copyright holder.
In the United States of America, most mechanical licenses are obtained through the Harry Fox Agency. Other commercial agencies such as RightsFlow (via the Limelight online mechanical license form utility) and easySongLicensing.com also issue compulsory mechanical licenses. Harry Fox Agency and the other commercial agencies collect and distribute the royalties, plus they collect a per-song service fee of roughly $15.
A mechanical license can only be used after the original copyright holder has exercised their exclusive right of first publishing, or permission is negotiated.
This license is often used for the purpose of self-promotion. For instance a cellist who performed a musical work on a recording may obtain a mechanical license in order to distribute copies of the recording to others as an example of his cello playing. This is also used by recording artists performing cover versions of songs and Artists who do not typically write their own songs, as is typical in country and pop music. In the United States, this is required by copyright law regardless whether or not the copies are for commercial sale.
A mechanical license is not required for an Artist who is recording and distributing his/her own completely original work.
Public Performance License
Music licenses give a person or organization permission to publicly perform a particular piece or catalog of music. A public performance includes any time the music is played in a public area or at a public gathering. Licensing is handled in large part by Performing Rights Organizations such as ASCAP, BMI and SESAC. There are over 100 types of licenses that these organizations offer.
Trademark and Brand Licensing
A licensor may grant permission to a licensee to distribute products under a trademark. With such a license, the licensee may use the trademark without fear of a claim of trademark infringement by the licensor.
Artwork and Character Licensing
A licensor may grant permission to a licensee to copy and distribute copyrighted works such as "art" (e.g., Thomas Kinkade's painting "Dawn in Los Gatos") and characters (e.g., Mickey Mouse). With such license, a licensee need not fear a claim of copyright infringement brought by the copyright owner.
Preparing for Product Development - Performances
Another primary area of product development is that of performing. This section is about preparing to perform.
When an Artist reviews the Artist Development Plan, it becomes apparent that all the details of preparing to perform have been identified. For example, look at the catalog of songs that the Artist has. These are the only possible songs for an Artist to perform. If an Artist adds another song to the catalog, that part of the Artist Development Plan should be updated.
Preparation is the most crucial step in live performances, and it all happens prior to the Artist entering the stage. Review the section on Lessons and Coaching of the artist Development Plan.
The trick: Be prepared thoroughly. Any musician can be fearless in a performance if they prepare properly.
There are a few ways for Artists to be and feel confident while performing.
1. Artistic
To be artistically prepared for performances, Artists must choose music that fits their style and then learn it so well that they can deliver every phrase with conviction. The chosen songs are listed in the content section of the Artist Development Plan. They are also listed in the section of Products & Services of an Artist’s Business Plan.
2. Technical
When an Artist is technically prepared, they’re in command of their instrument. This is true even in high-pressure settings. In addition, part of being prepared technically, is to know about the equipment being used to present a live performance. In addition to knowing their instrument, this includes a basic knowledge of performance venues, lighting and sound systems.
3. Mental / Emotional
Artists perform best when they are mentally clear and emotionally engaged. Although it may be easy for an Artist to establish clarity and engagement in the practice room, it’s a whole new world learning how to remain focused during the buzz of a live show.
4. Physical
Performing live takes strength. So, ahead of a planned performance, Artists need to manage their activities so that they are fresh when the stage door opens. Based on physical demands, Artists should avoid arduous rehearsals on the day of show, plan what and when they eat, and make time for naps when possible.
5. Organizational
Poor planning on the logistics of performing live can cause anxiety and frustration for the Artist. This may happen when an Artist gets lost when traveling to a venue, brings the wrong stage clothes, or misplaces an instrument. This anxiety will show itself to an audience. Prudent organization may ensure that the Artist arrive early and is fully equipped for all performances.
6. Delivery
Artists should decide how they want to affect the person they are performing to (or singing to). Is the intent to charm the listener, offend them, destroy them, etc.? This is called an delivery objective and may change as the Artist goes through the rehearsal process and discover new things about the piece.
7. Blocking
Blocking is learning where an Artist may be located on stage during a particular musical piece. In any performance, Artists have got to know what's going on around them so they can hear their cues in the next part of their performance.
8. Hydrate
Drink a lot of fluids and most importantly have fun! Performing is work, but you can let loose, and have fun. Have lots and lots of energy. Artists don't want to lose their audience because they’re not engaged.
Tips and guidelines to optimize a performance
1. Warm up thoroughly from lip buzzing, tonguing, flexibility, range and scales. Play from the lowest notes to the highest in your warm up. The idea is: Artists should be able to perform after warming up. Make sure that it’s done correctly!
2. Prepare the piece over and over. Practice the hard parts completely until muscle memory can do it automatically.
3. Practice the entire piece and be able to play it to 'performance standards' 3 times in a row.
4. Performance Day - About 1.45 hours before the performance, begin air and breathing exercises. Slowly get the muscles moving and allow for plenty of rest time. Resist the urge to play high notes. By the end of this time, muscles should be pliable mush; completely and totally relaxed. An hour before the concert, begin to play long notes, consciously going for the richest, warmest tone. Next, concentrate on flexibility. Finally, as stated before, Artists need to warm up in the upper register to perform in the upper register. Play various sections to gain confidence, without over practicing.
5. Mental Preparation – If the piece is prepared to perform, here are some quotes that may have a deep mental impact. As you prepare for your performance, say many times to yourself:
•I will perform and play to the best of my ability
•I can’t wait to show my expertise on this axe
•I know I play well and now is the time to show it
•I’m excited about this opportunity to make music and create musical experiences for others
•I am satisfied with myself and who I am
Warm up the body and the mind. The performance will shine.
Preparing for Product Development - Recording
Again, when an Artist reviews the Artist Development Plan, it becomes apparent when an Artist is ready to start looking at the preparation of recording. For example, look at the catalog of songs that the Artist has. The Artist may perform some of these songs and perhaps these same songs are suitable for recording.
Preparation is the most crucial step in making a recording, and it all goes on before an Artist sets foot into a recording studio. After an Artist has decided to make a recording, they need to sit down and outline the project. Once again: plan the work, and work the plan. List the overall objective for the recording such as making a compact disc to distribute to radio, or to sell at gigs? Or recording a demo to showcase songs for a publishing deal? It's best to have a clear vision for what you are going to do with the recording before starting to record.
Producing a recording is like taking an audio snapshot of an Artist’s sound at a given moment in time. Since it can be expensive to make a quality recording, it’s important for the Artist to recognize that very likely they will be using these recordings to represent themselves for a long time. The better prepared an Artist is before entering the studio, the more fun they’ll have making the recording and the better it will sound. The “fun’ attitude will reflect in the musicianship, and ultimately, the recording itself.
When it comes to making a recording, an Artist has a lot of big decisions to make that will influence the way the end product sounds. In other words, the more an Artist does to prepare before the record light comes on, the more enjoyable the process and the more the quality of the product will be.
Pre-Production
Pre-production is everything that is done before an Artist enters the recording studio. This includes song selection, arrangement ideas, rehearsing, scheduling any session musicians, securing a recording studio and engineer. This task should include preparing the artwork as well as a lining up a possible duplication house to mass produce the finished master - if the recording is being released as hard copy on compact disc. The amount of work in pre-production is easily double that of the actual recording session, especially if the Artist has never done this before. However, there is someone who can help make this process much more effective and significantly simpler.
The Producer
If you’re wondering whether or not a producer is a good idea for your project, then it’s important to understand what a producer offers in the first place. In a word, it’s experience. Let’s assume the upcoming project is your first, second or even third independently released recording. This means that the Artist’s studio experience is comparatively limited next to a producer, who may have completed dozens of projects. In other words, a producer has spent significant time becoming an expert at something that’s still relatively new to an Artist. With this production experience comes a variety of skills that the producer will use to help the Artist with a polished, professional-sounding project. This skill set typically includes everything from knowledge of the craft of songwriting (useful in song selection and improvement), relationships with session musicians (which often includes the ability to play instruments at a very high level themselves), the communication skills to explain to the musicians what the overall “vision” of the project is, knowledge (or ownership) of a good recording studio and, last but not least, the ability to work with the Artist and to help bring out the best performances as possible. Finally, the perspective that a producer brings to a project can be extremely useful for an Artist as it’s often difficult to make clear judgments about their own vocal or instrumental tracks.
Choosing a producer is another major step, as is choosing not to use a producer. This is best discussed in detail with the members of the band, as well as anyone whose has recorded an album. Producers can be the single-most important person in getting a project in on time and on budget - but they can also sink a project as well if they are poorly suited to the material.
The Recording Studio
With the advent of improved recording technology and affordable, high-quality equipment, great recordings can be made almost anywhere. Recording is no longer the exclusive domain of the big, multi-room complex. That being said, there are a few things an Artist should consider before choosing a studio for their project.
First and foremost is sound quality. Ask the studio owner or engineer for a demo of something that’s been recorded in their studio. The Artist should be even more specific with their inquires. For example the Artist should ask that the music on the demo be in the style of the project that they are planning to record. In other words, if the Artist is planning on recording country music, it doesn’t matter if the studio has a great-sounding r&b demo. An r&b demo may not necessarily translate into a great-sounding country recording.
Secondly, make sure the space is comfortable where the Artist will be working. Although working in a big, beautiful studio can be inspiring for some, it can be intimidating for others.
Lastly, don’t forget to ask about any and all fees. The obvious one would be the hourly rate but it’s important to ask the owner or engineer what other charges that may be incurred. This can be everything from a separate engineer charge, cost for burning CDs and even separate charges for certain pieces of studio equipment. A studio ought to be able to give you a decent estimate for what your overall project should cost. Some studios simplify the process even further by providing an all-in project fee that is decided up front. It’s always better to know all of this at the beginning of a project so that there are no unpleasant surprises when it comes time to pay.
Preparing to Record Tips
1. Practice the tune(s) to a metronome and note the setting. Remember that in the studio, even if it’s a inexpensive one, time is money and the less time spent on cutting the basic tracks provides more time for other parts of the recording process.
2. Put new strings on the guitar. Okay I know this is a no brainer but you would be surprised how many novice musicians are clueless to this. With that in mind, perhaps changing the battery in the pre-amp is prudent.
3. Have a firm idea of how the song is arranged. With today’s software, editing is simple and sections can be moved fairly easily. But once again, time editing may eat up the budget.
4. Make sure the Artist is well rehearsed or has a firm idea of the song.
5. More than likely, the Artist will have to where headphones while recording. For some musicians, this can be a different experience especially if they’ve been use to playing live. In addition, musicians might have to record in different rooms and might not be able to have eye contact with each other. Make sure the song endings don’t require everyone having to look at each other.
6. Make sure all musical equipment (amps, cords, pedals, guitars, strings, drum heads) are in proper working before the session begins.
7. Make sure the drummer and/or percussionist(s) has no problem playing along with a “click” track.
Funding a Recording
Ahhh, the budget. Recording takes time, and studio time equals money. Most often, Artists get what they pay for, and if real quality is desired, it won't be cheap. A way of thinking about this is to envision a triangle, and at the separate points you have HIGH QUALITY, FAST, and CHEAP. Pick two, any two, but ONLY two! That's a good rule of thumb to go by. Be realistic. Factor in materials as well. Recording a full album on two inch analog tape can get into hundreds and even thousands of dollars quickly. ADAT sessions can stay under $150 with back-ups. There are trade-offs with each medium.
Also in the recording budget, Artists need to factor the expenses such as meals while at the studio, possible rentals needed in the course of a session, repairs, setups, traveling, exotic dancers, and so on. These things add up, and can add up fast if there is no budget.
Additionally, Artists might want to ask if they can help set up and tear down the session – this can be a great learning experience and it will help the Artist get familiar with recording equipment and recording techniques. Plus it might get some free extra recording time!
Preparing for Product Development - Merchandising
Before an Artist can start planning the products they want to sell, they may need to complete other sections of their product development first such as recording, securing logos or taking photographs. This is a part of the planning stages of creating merchandise. The merchandise of an Artist may include compact discs, t-shirts, coffee mugs and any other item that may reflect the Artist’s brand.
Once again, the issue of funding must be addressed. How is the Artist going to pay for the merchandise that they plan to sell. Funding should be addressed in the finance section of the Artist Development Plan as well in the Finance Plan of the Artist Business Plan.
Determining what products to produce or manufacture is one of the toughest questions for an Artist to consider. Every Artist wants to release sound recordings of their music. Not everybody wants to hear it. Every Artist wants to have t-shirts available for their customers. Not every customer wears t-shirts. When an Artist starts working on their business plan, the options will become clear.
Content Types
Songs
Sounds
Spoken Word
Music & Lyrics
Content for Product Development
Audio Recordings
Video Recordings