Christopher A. // Blog

Top Industry A&R's

Wednesday June 18, 2008 at 09:31 PM

 

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Top Industry A&R's

 
 


 

Nick Gatfield

 

 

ISLAND RECORDS 364 - 366 Kensington High Street W14 8NS London, United Kingdom Phone +44 207 471 5300 / Fax +44 20 7471 5289

 
 

Louis Bloom

 

 

ISLAND RECORDS, 364 - 366 Kensington High Street , W14 8NS London, United Kingdom Phone +44 207 471 5300 / Fax +44 20 7471 5289

 
 

Tommy Mottola

 

 

CASABLANCA, 745 5th Avenue Suite 800, NY 10151 New York, USA Phone +1 212 471 4000 / Fax +1 212 471 4010

 
 

Jay Brown

 

 

ISLAND/DEF JAM, 825 8th Ave 28th Floor, NY 10019 New York, USA Phone +1 212 333 8000 / Fax +1 212 333 7255 (Rihanna, Lil Mo, Tweet, Ne-Yo, LL Cool J)

 
 

Venus Brown

 

 

Unlocated, USA (Fergie )

 
 

Manuel Herunter

 

 

SONY BMG MUSIC ENTERTAINMENT, Neumarkter Strasse 28 , 81673 Munich, Germany Phone +49 89 413 60 / Fax +49 89 41 36 90 60

 
 

Björn Teske

 

 

SONY BMG MUSIC ENTERTAINMENT, Neumarkterstr. 28 , 81673 Munich, Germany Phone +49 89 413 60 / Fax +49 89 41 36 90 60 LW:

 
 

Ashley Newton

 

 

RCA RECORDS, 1540 Broadway 36th Floor, NY 10036 New York, USA Phone +1 212 930 4000 / Fax +1 212 930 4447 (Massive Attack, Melanie C, Spice Girls, Velvet Revolver, Daughtry)

 
 

Pete Ganbarg

 

 

PURE TONE MUSIC, 700-76 Broadway Suite 348, Westwood NJ 07675 Phone +1 201 358 6805 / Fax +1 201 358 6853 (Taylor Hicks, Daughtry)

 
 

Darcus Beese

 

 

ISLAND RECORDS, 364 - 366 Kensington High Street , W14 8NS London, United Kingdom Phone +44 207 471 5300 / Fax +44 20 7471 5289 (Amy Winehouse)

 
 

Mickey Wright

 

 

JIVE RECORDS, 137-139 West 25th Street 9th Floor, NY 10001 New York, USA Phone +1 212 727 0016 / Fax +1 212 924 0743 (Huey, T-Pain)

 
 

Al Schofield

 

 

SCHOFIELD AND COMPANY LLC. 240 Spring St Griffin GA 30223 USA Number Unlisted

 
 

Dominique Gau

 

 

WARNER MUSIC, 68, rue de la Folie Méricourt , 75011 Paris, France Phone +33 1 5660 4000 / Fax +33 1 5660 4050

 
 

David Foster

 

 

WARNER BROS. RECORDS, 3300 Warner Blvd 3rd Floor, CA 91505 Burbank, USA Phone +1 818 846 9090 / Fax +1 818 953 3423 (Josh Groban, Michael Bublé)

 
 

Stephen Ferrera

 

 

J RECORDS, 745 5th Avenue 6th Floor, NY 10151 New York, USA Phone +1 646 840 5600 (Clay Aiken, Heather Headley, Diana DeGarmo, Carrie Underwood, Bo Bice, Katharine McPhee)

 
 

Simon Cowell

 

 

SYCO MUSIC, Bedford House 69-79 Fulham High Street, SW6 3JW London, United Kingdom Phone +44 20 7384 7500 / Fax +44 20 7973 0332

 
 

Laurence Bell

 

 

DOMINO RECORDING, PO Box 47029 , SW18 1WD London, United Kingdom Phone +44 20 8875 1390 / Fax +44 20 8875 1391

 
 

Stefan Harder

 

 

WARNER MUSIC GROUP GERMANY, Alter Wandrahm 13-14 , 20457 Hamburg, Germany Phone +49 40 303 39 0 / Fax +49 40 303 39 333

 
 

Jerome Foster

 

 

STREET RECORDS CORPORATION, 1755 Broadway 6th , NY 10019 New York, USA Phone +1 212 331 2628 / Fax +1 212 331 2620 (Akon)

 
 

Mark Williams

 

 

INTERSCOPE RECORDS, 2220 Colorado Avenue , CA 90404 Santa Monica, USA Phone +1 310 865 1000 / Fax +1 310 865 7908 (Queens Of The Stone Age, Gwen Stefani)

 
 

Mike Caren

 

 

ATLANTIC RECORDS, 3400 West Olive Ave. , CA 91505 Burbank, USA Phone +1 818 238 6800 / Fax +1 818 562 9221 (Drama, Trina, Twista, Sunshine Anderson, Nappy Roots, T.I., Trey Songz)

 
 

Rob Walker

 

 

STAR TRAK ENTERTAINMENT, 1755 Broadway , NY 10019 New York, USA Phone +1 212 841 8040 / Fax +1 212 841 8099 (Clipse, N.E.R.D, Kelis, Robin Thicke)

 
 

Robert Stevenson

 

 

ISLAND/DEF JAM, 825 8th Ave 28th Floor, NY 10019 New York, USA Phone +1 212 333 8000 / Fax +1 212 333 7255 (Thrice, Saliva, The Killers, Sum 41, Fall Out Boy)

 
 

Jörg Koshorst

 

 

UNIVERSAL MUSIC, Stralauer Allee 1 , 10245 Berlin, Germany Phone +49 30 520 0701 / Fax +49 30 52 0 07 26 55

 
 

Justin Timberlake

 

 

JUST IN TIME ENTERTAINMENT, PO Box 1070 , FL 34786 Windermere, USA (Justin Timberlake) Number Unlisted

 
 
 
Top Industry A&R's

Sunday May 25, 2008 at 04:41 PM

 

Music Label's Copyright Argument is Rubbish

Friday April 11, 2008 at 07:27 PM

Music Label's Copyright Argument is Rubbish

By David Kravets dkravets@wired.com">EmailApril 11, 2008 | 3:24:55 PMCategories: Copyrights and Patents  

Nodump

Tossing it like a Frisbee is OK. The kids, cat and dog scratching the hell out of it is just fine.

But throwing away that CD is copyright infringement.

According to UMG Recordings, that's true insofar as the label's promotional CDs are concerned: those thousands of unaccounted for discs the label mails out each year to reviewers, radio stations and others.

The record label says throwing away such CDs is a no-no because it claims it has an eternal right of ownership to them.

The label's attorney taking that position is Russell Frackman, and he's no stranger to copyright law. Frackman was one of the lead lawyers who brought down Napster.

Threat Level called him Friday at his Los Angeles office, and got "No reply." (Taking Frackman's argument to its logical conclusion, Threat Level just opened itself up to a lawsuit for writing the name of a Beatles' song without permission. And deleting this post from your RSS inbox might also get you hauled into court.)

Frackman made the "throwing away" argument in a court filing this week in a federal lawsuit against a California man accused of copyright violations for selling UMG's promotional labels on eBay and elsewhere.

The label claims Troy Augusto has no right to profit from the CDs because they are labeled as promotional materials not for resale. Frackman claims that, for the defendant to have the right to sell the CDs, he must "show the existence of a first sale for that particular UMG promo CD."

That, according to the label, means Augusto "must trace the chain of title of each specific copy of the UMG promo CDs he auctioned to the original alleged transfer of ownership."

What the label is saying is that, for Augusto to claim a defense that he has a right to sell the CDs, he must demonstrate how he obtained the discs by providing "the requisite proof of a first sale." UMG says he could not have obtained them legitimately because the promotional material is not for sale.

Augusto had testified that if a CD he was auctioning didn't sell, he would give it away or throw it into the garbage. "Both are unauthorized distributions," Frackman wrote in a court brief.

The Electronic Frontier Foundation is defending the accused pirate.

"According to the first sale doctrine, once a copyright owner has parted with ownership of a CD, book, or DVD, whether by sale, gift, or other disposition, they may not control further dispositions of that particular copy (including throwing it away)," EFF attorney Fred von Lohmann wrote on his blog. "It's thanks to the first sale doctrine that libraries can lend books, video rental stores can rent DVDs, and you can give a CD to a friend for their birthday. It's also the reason you can throw away any CD that you own."

A hearing is set for May 5 in U.S. District Court in Los Angeles.

Photo flattop341

See Also:

http://www.iodalliance.com/

Wednesday April 09, 2008 at 08:51 AM

IODA is the industry-leading digital distribution company for the global independent music community.

http://www.hitsquad.com/

Wednesday April 09, 2008 at 08:47 AM

 

Hitsquad.com - The Musicians Web Center

 

ARTIST - MANAGER AGREEMENT

Wednesday April 09, 2008 at 08:43 AM

 

ARTIST - MANAGER AGREEMENT

1. This is an agreement made this day of 200_, between the undersigned MANAGER and the undersigned ARTIST.

2. The ARTIST has signed a recording contract with the following RECORD

COMPANY: and the date of the contract was: , 200_

3. In this agreement RECORD COMPANY promised to make royalty payments to ARTIST.

4. ARTIST promises to pay to MANAGER the following percentage of the amounts received by ARTIST from RECORD COMPANY:

5. ARTIST promises to make the payments to MANAGER as soon as the check from the RECORD COMPANY is received by ARTIST.

6. ARTIST promises to send all royalty statements (or copies) and other communications (or copies) from RECORD COMPANY to MANAGER.

7. ARTIST hereby instructs his bookkeepers and accountants to make available for inspection and copying the RECORD COMPANY contract and all statements rendered by the RECORD COMPANY to the ARTIST.

8. This agreement does not cover and is not intended to cover any agreement between the RECORD COMPANY and anyone else (including the ARTIST and the MANAGER) concerning song publishing and mechanical licenses. In the event either is entitled to share in songwriting and/or publishing rights and/or royalties, a separate agreement will cover that aspect.

9. ARTIST hereby requests, instructs, authorizes and empowers RECORD COMPANY to pay said percentage directly to MANAGER.

10. The duration of this agreement commences as of the date of the contract between ARTIST and RECORD COMPANY, and shall continue as long as ARTIST is entitled to monies from RECORD COMPANY.


IN WITNESS WHEREOF we have entered into this written agreement as of the date above written.

MANAGER:

ARTIST:

The Problem With Music

Wednesday April 02, 2008 at 05:24 PM

The Problem With Music
by Steve Albini

Whenever I talk to a band who are about to sign with a major label, I always end up thinking of them in a particular context. I imagine a trench, about four feet wide and five feet deep, maybe sixty yards long, filled with runny, decaying shit. I imagine these people, some of them good friends, some of them barely acquaintances, at one end of this trench. I also imagine a faceless industry lackey at the other end holding a fountain pen and a contract waiting to be signed. Nobody can see what's printed on the contract. It's too far away, and besides, the shit stench is making everybody's eyes water. The lackey shouts to everybody that the first one to swim the trench gets to sign the contract. Everybody dives in the trench and they struggle furiously to get to the other end. Two people arrive simultaneously and begin wrestling furiously, clawing each other and dunking each other under the shit. Eventually, one of them capitulates, and there's only one contestant left. He reaches for the pen, but the Lackey says "Actually, I think you need a little more development. Swim again, please. Backstroke". And he does of course.

Every major label involved in the hunt for new bands now has on staff a high-profile point man, an "A & R" rep who can present a comfortable face to any prospective band. The initials stand for "Artist and Repertoire." because historically, the A & R staff would select artists to record music that they had also selected, out of an available pool of each. This is still the case, though not openly. These guys are universally young [about the same age as the bands being wooed], and nowadays they always have some obvious underground rock credibility flag they can wave.

Lyle Preslar, former guitarist for Minor Threat, is one of them. Terry Tolkin, former NY independent booking agent and assistant manager at Touch and Go is one of them. Al Smith, former soundman at CBGB is one of them. Mike Gitter, former editor of XXX fanzine and contributor to Rip, Kerrang and other lowbrow rags is one of them. Many of the annoying turds who used to staff college radio stations are in their ranks as well. There are several reasons A & R scouts are always young. The explanation usually copped-to is that the scout will be "hip to the current musical "scene." A more important reason is that the bands will intuitively trust someone they think is a peer, and who speaks fondly of the same formative rock and roll experiences. The A & R person is the first person to make contact with the band, and as such is the first person to promise them the moon. Who better to promise them the moon than an idealistic young turk who expects to be calling the shots in a few years, and who has had no previous experience with a big record company. Hell, he's as naive as the band he's duping. When he tells them no one will interfere in their creative process, he probably even believes it. When he sits down with the band for the first time, over a plate of angel hair pasta, he can tell them with all sincerity that when they sign with company X, they're really signing with him and he's on their side. Remember that great gig I saw you at in '85? Didn't we have a blast. By now all rock bands are wise enough to be suspicious of music industry scum. There is a pervasive caricature in popular culture of a portly, middle aged ex-hipster talking a mile-a-minute, using outdated jargon and calling everybody "baby." After meeting "their" A & R guy, the band will say to themselves and everyone else, "He's not like a record company guy at all! He's like one of us." And they will be right. That's one of the reasons he was hired.

These A & R guys are not allowed to write contracts. What they do is present the band with a letter of intent, or "deal memo," which loosely states some terms, and affirms that the band will sign with the label once a contract has been agreed on. The spookiest thing about this harmless sounding little memo, is that it is, for all legal purposes, a binding document. That is, once the band signs it, they are under obligation to conclude a deal with the label. If the label presents them with a contract that the band don't want to sign, all the label has to do is wait. There are a hundred other bands willing to sign the exact same contract, so the label is in a position of strength. These letters never have any terms of expiration, so the band remain bound by the deal memo until a contract is signed, no matter how long that takes. The band cannot sign to another laborer or even put out its own material unless they are released from their agreement, which never happens. Make no mistake about it: once a band has signed a letter of intent, they will either eventually sign a contract that suits the label or they will be destroyed.

One of my favorite bands was held hostage for the better part of two years by a slick young "He's not like a label guy at all," A & R rep, on the basis of such a deal memo. He had failed to come through on any of his promises [something he did with similar effect to another well-known band], and so the band wanted out. Another label expressed interest, but when the A & R man was asked to release the band, he said he would need money or points, or possibly both, before he would consider it. The new label was afraid the price would be too dear, and they said no thanks. On the cusp of making their signature album, an excellent band, humiliated, broke up from the stress and the many months of inactivity. There's this band. They're pretty ordinary, but they're also pretty good, so they've attracted some attention. They're signed to a moderate-sized "independent" label owned by a distribution company, and they have another two albums owed to the label. They're a little ambitious. They'd like to get signed by a major label so they can have some security you know, get some good equipment, tour in a proper tour bus -- nothing fancy, just a little reward for all the hard work. To that end, they got a manager. He knows some of the label guys, and he can shop their next project to all the right people. He takes his cut, sure, but it's only 15%, and if he can get them signed then it's money well spent. Anyways, it doesn't cost them anything if it doesn't work. 15% of nothing isn't much! One day an A & R scout calls them, says he's 'been following them for a while now, and when their manager mentioned them to him, it just "clicked." Would they like to meet with him about the possibility of working out a deal with his label? Wow. Big Break time. They meet the guy, and y'know what -- he's not what they expected from a label guy. He's young and dresses pretty much like the band does. He knows all their favorite bands. He's like one of them. He tells them he wants to go to bat for them, to try to get them everything they want. He says anything is possible with the right attitude.

They conclude the evening by taking home a copy of a deal memo they wrote out and signed on the spot. The A & R guy was full of great ideas, even talked about using a name producer. Butch Vig is out of the question-he wants 100 g's and three points, but they can get Don Fleming for $30,000 plus three points. Even that's a little steep, so maybe they'll go with that guy who used to be in David Letterman's band. He only wants three points. Or they can have just anybody record it (like Warton Tiers, maybe-- cost you 5 or 7 grand] and have Andy Wallace remix it for 4 grand a track plus 2 points. It was a lot to think about. Well, they like this guy and they trust him. Besides, they already signed the deal memo. He must have been serious about wanting them to sign. They break the news to their current label, and the label manager says he wants them to succeed, so they have his blessing. He will need to be compensated, of course, for the remaining albums left on their contract, but he'll work it out with the label himself.

Sub Pop made millions from selling off Nirvana, and Twin Tone hasn't done bad either: 50 grand for the Babes and 60 grand for the Poster Children-- without having to sell a single additional record. It'll be something modest. The new label doesn't mind, so long as it's recoupable out of royalties. Well, they get the final contract, and it's not quite what they expected. They figure it's better to be safe than sorry and they turn it over to a lawyer--one who says he's experienced in entertainment law and he hammers out a few bugs. They're still not sure about it, but the lawyer says he's seen a lot of contracts, and theirs is pretty good. They'll be great royalty: 13% [less a 1O% packaging deduction]. Wasn't it Buffalo Tom that were only getting 12% less 10? Whatever. The old label only wants 50 grand, an no points. Hell, Sub Pop got 3 points when they let Nirvana go. They're signed for four years, with options on each year, for a total of over a million dollars! That's a lot of money in any man's English. The first year's advance alone is $250,000. Just think about it, a quarter million, just for being in a rock band! Their manager thinks it's a great deal, especially the large advance. Besides, he knows a publishing company that will take the band on if they get signed, and even give them an advance of 20 grand, so they'll be making that money too. The manager says publishing is pretty mysterious, and nobody really knows where all the money comes from, but the lawyer can look that contract over too. Hell, it's free money. Their booking agent is excited about the band signing to a major. He says they can maybe average $1,000 or $2,000 a night from now on. That's enough to justify a five week tour, and with tour support, they can use a proper crew, buy some good equipment and even get a tour bus! Buses are pretty expensive, but if you figure in the price of a hotel room for everybody In the band and crew, they're actually about the same cost. Some bands like Therapy? and Sloan and Stereolab use buses on their tours even when they're getting paid only a couple hundred bucks a night, and this tour should earn at least a grand or two every night. It'll be worth it. The band will be more comfortable and will play better.

The agent says a band on a major label can get a merchandising company to pay them an advance on T-shirt sales! ridiculous! There's a gold mine here! The lawyer Should look over the merchandising contract, just to be safe. They get drunk at the signing party. Polaroids are taken and everybody looks thrilled. The label picked them up in a limo. They decided to go with the producer who used to be in Letterman's band. He had these technicians come in and tune the drums for them and tweak their amps and guitars. He had a guy bring in a slew of expensive old "vintage" microphones. Boy, were they "warm." He even had a guy come in and check the phase of all the equipment in the control room! Boy, was he professional. He used a bunch of equipment on them and by the end of it, they all agreed that it sounded very "punchy," yet "warm." All that hard work paid off. With the help of a video, the album went like hotcakes! They sold a quarter million copies! Here is the math that will explain just how fucked they are: These figures are representative of amounts that appear in record contracts daily. There's no need to skew the figures to make the scenario look bad, since real-life examples more than abound. income is bold and underlined, expenses are not.


Advance: $ 250,000
Manager's cut: $ 37,500
Legal fees: $ 10,000
Recording Budget: $ 150,000
Producer's advance: $ 50,000
Studio fee: $ 52,500
Drum Amp, Mic and Phase "Doctors": $ 3,000
Recording tape: $ 8,000
Equipment rental: $ 5,000
Cartage and Transportation: $ 5,000
Lodgings while in studio: $ 10,000
Catering: $ 3,000
Mastering: $ 10,000
Tape copies, reference CDs, shipping tapes, misc. expenses: $ 2,000
Video budget: $ 30,000
Cameras: $ 8,000
Crew: $ 5,000
Processing and transfers: $ 3,000
Off-line: $ 2,000
On-line editing: $ 3,000
Catering: $ 1,000
Stage and construction: $ 3,000
Copies, couriers, transportation: $ 2,000
Director's fee: $ 3,000
Album Artwork: $ 5,000
Promotional photo shoot and duplication: $ 2,000
Band fund: $ 15,000
New fancy professional drum kit: $ 5,000
New fancy professional guitars [2]: $ 3,000
New fancy professional guitar amp rigs [2]: $ 4,000
New fancy potato-shaped bass guitar: $ 1,000
New fancy rack of lights bass amp: $ 1,000
Rehearsal space rental: $ 500
Big blowout party for their friends: $ 500
Tour expense [5 weeks]: $ 50,875
Bus: $ 25,000
Crew [3]: $ 7,500
Food and per diems: $ 7,875
Fuel: $ 3,000
Consumable supplies: $ 3,500
Wardrobe: $ 1,000
Promotion: $ 3,000
Tour gross income: $ 50,000
Agent's cut: $ 7,500
Manager's cut: $ 7,500
Merchandising advance: $ 20,000
Manager's cut: $ 3,000
Lawyer's fee: $ 1,000
Publishing advance: $ 20,000
Manager's cut: $ 3,000
Lawyer's fee: $ 1,000
Record sales: 250,000 @ $12 =
$3,000,000
Gross retail revenue Royalty: [13% of 90% of retail]:
$ 351,000
Less advance: $ 250,000
Producer's points: [3% less $50,000 advance]:
$ 40,000
Promotional budget: $ 25,000
Recoupable buyout from previous label: $ 50,000
Net royalty: $ -14,000

Record company income:

Record wholesale price: $6.50 x 250,000 =
$1,625,000 gross income
Artist Royalties: $ 351,000
Deficit from royalties: $ 14,000
Manufacturing, packaging and distribution: @ $2.20 per record: $ 550,000
Gross profit: $ 7l0,000

The Balance Sheet: This is how much each player got paid at the end of the game.

Record company: $ 710,000
Producer: $ 90,000
Manager: $ 51,000
Studio: $ 52,500
Previous label: $ 50,000
Agent: $ 7,500
Lawyer: $ 12,000
Band member net income each: $ 4,031.25

The band is now 1/4 of the way through its contract, has made the music industry more than 3 million dollars richer, but is in the hole $14,000 on royalties. The band members have each earned about 1/3 as much as they would working at a 7-11, but they got to ride in a tour bus for a month. The next album will be about the same, except that the record company will insist they spend more time and money on it. Since the previous one never "recouped," the band will have no leverage, and will oblige. The next tour will be about the same, except the merchandising advance will have already been paid, and the band, strangely enough, won't have earned any royalties from their T-shirts yet. Maybe the T-shirt guys have figured out how to count money like record company guys. Some of your friends are probably already this fucked.

Steve Albini is an independent and corporate rock record producer most widely known for having produced Nirvana's "In Utero".

How to Become a Record Producer

Tuesday February 26, 2008 at 09:29 PM

 

How to Become a Record Producer

 

 

 

The Music Business

Think of the music business as a spider’s web. All around are dotted the carcasses of unwary flies, some formerly fat and juicy, others so small that they were eaten up and spat out in an instant. The flies in my metaphorical web are musicians, songwriters, arrangers, producers, managers, A&R people, record company executives, music publishers, record, cassette and CD manufacturers, pluggers and marketers, DJs, radio stations, record shops, royalty collection agencies and others. That pretty well covers the whole of the music industry (except the music journalists who are far too agile ever to get trapped!). So what kind of beast is it that sits at the centre of the web, growing fat at the expense of all the other poor creatures who have no option but to succumb to his deadly embrace - the music business lawyer of course!

You may have realised this already, but nothing happens in the music business without a lawyer being the go-between in the transaction. A few enlightened souls have discovered that it really is possible to do business on a handshake between honourable people, but for the vast majority, the only way is the legal way. A record producer will definitely need to have a music business lawyer to examine his contract with a record company. The consequences of not doing so could be dire, from a potential loss of all royalties (royalties are often known as ‘points’ in the business, points being a percentage of sales revenue) through to responsibility for budget overruns and possibly even worse. The emphasis here has to be on a getting advice from a specialist music business lawyer. In the past, record companies have dreamed up all kinds of schemes for protecting their own interests against the interests of the creative people who actually earn the money. Although there seems to be a much more responsible attitude developing in the record companies these days, all the old clauses are pre-loaded into their word processors ready to be dropped into a contract. One old favourite trick is known as cross collateralisation. This typically would allow a record company to offset profits earned on one album against losses made on another. Suppose as a producer you made two albums with a band. The first sold well but the other bombed. If cross collateralisation is allowed there will be no overall profit so your points will add up to zero. If your contract however specifically disallows cross collateralisation, as it should, then you will receive all the royalties you are entitled to on the first album while receiving nothing for the second (because you didn’t do your job properly, did you?). The funniest thing is that, despite my opening paragraph, the lawyers aren’t the bad guys - it’s all the people who have tried to screw each other (financially I mean) throughout the entire history of the music business since year zero. Despite many people’s current best intentions, this tradition of distrust means that almost every word has to be inscribed on parchment, signed and sealed, and whether a project should succeed or fail, the lawyer always benefits.

Where does the money come from?

Money, in the music industry, is made from the exploitation of copyrights. ‘Exploit’ in this context is a good word, it means that your work is being promoted well and it is generating revenues. There are three basic types of copyright involved here. In a musical work of any kind there is a performing right and a mechanical right. The performing right means that the owner of the copyright can allow performances, whether live or recorded, of the music to take place in return for a fee. The mechanical right means that the owner of the copyright can allow the music to be recorded, and allow copies of that recording to be made and sold, once again for a fee. The third copyright is one that exists in the actual recording of the music rather than the music itself, and once again, owners of this copyright can allow the recording to be performed or broadcast in return for a fee. There are other copyrights involved in music, such as a musician’s right in his or her own performance, but we’ll stick to basics.

As a producer, you will not be entitled to any of these copyrights. The performing and mechanical rights will belong to the writer or his publisher, the rights in the recording will belong to the record company. (Of course, if you helped to write a song, then you will be entitled to a share of the performing and mechanical royalties). It is important however that you understand these methods of generating income because your livelihood will be very closely linked to them. At the moment it is virtually certain that your income as a producer will come from a combination of a flat fee combined with points. (Some producers, particularly remixers, only get a fee with no points). The points will be a percentage of actual sales of records, cassettes and CDs. The more the record company sells, the more you will earn. If you consider that a top producer may be on something like three points, and a top act can sell millions of copies worldwide, you can estimate for yourself how much you are going to make when your production career really takes off!

The only snag with this arrangement is that sales are only one way in which recordings can be exploited. Performance royalties are a major component of any songwriter’s or composer’s income, in some cases making mechanicals look meagre in comparison. But do producers get points on performances of their work? They do not. This is a major issue in the music world since despite a recent upturn in sales, many people think that performance royalties are going to become the number one income generator for the entire record industry. Although you may be very keen to buy the latest CD by your favourite act right now, how will you feel about going to the trouble of buying a physical object when you can have the music delivered to you directly via the information superhighway at the cost of maybe a few pence a play? Actually, that’s still very much a debatable point, but producers certainly do have to debate it now rather than wait until their sales have declined into oblivion before they do anything about it.

The other side of the copyright coin is of relevance to producers of artists who do cover versions of other people’s songs, and to producers who use samples from other recordings in their work. It used to be the case that once a song had been recorded, then anyone could make their own recording of it as long as the statutory royalty rate was paid. This no longer applies and if you want to cover a song, you must apply to the copyright holder for permission. This permission is almost certain to be granted since cover versions are how songwriters and publishers make much of their income, but it would be unwise to record the song first and assume that permission would be forthcoming. If you think that any of the lyrics of a song need to be altered, to change the song from a male version to a female version for example, then you must be very careful to get permission to do this. In the case of samples, it has been common in the past simply to use samples and hope to get away with it. Once again this is unwise. (One major artist recently used a sample on an album without getting permission. Hundreds of thousands of copies had to be withdrawn from sale, the song re-recorded and the CD repressed, because of this one expensive mistake). The only exception to this is where a CD or CD-ROM is specifically produced for sampling purposes where once you have bought the product you are entitled to virtually unrestricted use.

Management

You may be a brilliant musician, writer, engineer or producer, but are you a brilliant self publicist too, able to charm your way into A&R departments and get to work with the top acts?

Can you be bothered to attend lengthy meetings with your lawyer making sure that every last comma in the contract with the record company is the place most favourable to your interests?

Do you want to break off work every time the phone rings in case it’s someone really important that you have to talk to?

Do you think you could check a record company’s books to make sure that your points have been correctly calculated and that funds haven’t been siphoned off in a manner not allowed by your contract?

Do you think it is worth paying 20% of your income to make sure all these things are properly and professionally handled, leaving you free to get on and produce?

Any sensible person will recognise the correct answer to the first four questions. The answer to the fifth is yes, because even though giving up 20% of your hard earned production fees and points seems like a high percentage, at least it’s a percentage of something. Without a good manager you may be able to console yourself that you are keeping 100% of your income for yourself, but it may just be 100% of no income at all! Your manager may even, through his music business aware accountant, be able to recoup much of that 20% by making savings on your tax bill!

To get to be a record producer, you are going to have to be able to promote yourself in the early stages before you have established a track record of any kind. You won’t find it difficult to find a band to produce, or a singer to work with, because natural -born producers have the ability to get on well with musicians and they are the kind of people that musicians instinctively trust. I have to say that if you don’t think you are this kind of person, you are going to find it difficult to become a record producer - although domineering, autocratic producers are not entirely unknown in the industry! Selling yourself to a record company isn’t going to be quite so easy, but if you are doing good work, then the opportunities are there. Once you have produced a few records that have sold reasonably well, then you are in a position to approach a manager.

Once you have made an agreement with a manager, whether it is a handshake deal or a formal contract, the manager will make sure that A&R departments are aware of you and the type of music you work with. Your manager will keep his finger on the pulse of the business far more firmly than you would have time to do, and he’ll know which acts are planning new recording projects, and whether they are shopping around for a new producer. If an A&R manager becomes interested in you, then he will enter into a lengthy three way discussion between himself, your manager and the artist’s manager. You will be relieved of all the nit-picking business details so that you only have to discuss the strictly musical aspects of the forthcoming recording. If the record company thinks you are the right man or woman for the job, then your manager will negotiate your remuneration. Your manager will have a good idea of your current market value, and of how much the record company is likely to be willing to pay. You will get a better deal by going through a manager simply because he knows the business. If you think you might consider doing the negotiating yourself, pause for a moment to imagine how good a record producer the manager would be!

When the project gets under way, you will need to devote your entire attention to it during virtually all of your waking hours for a period of possibly two months or more for an album. Without a manager, how would you find time to line up your next job? It just isn’t possible. Everyone in the industry has their own schedule - the record company has a certain number of releases to make, certain types of music sell better according to the time of year, the band has touring commitments and you have booked two weeks in Bognor in the middle of August! Juggling all of these is a full time occupation - your manager will let you get on and produce great music, which is probably all you ever wanted to do.

When the recording is finished, in the shops and at the top of the charts, you will be able to sit back and count the money flowing in. Or will you? Collection agencies like the Performing Right Society, the Mechanical Copyright Protection Society and Phonographic Performance Limited look after virtually everyone’s interest apart from the producer. The producer is paid according to what is received by the record company, after whatever deductions are specified in the contract. No reputable record company would intentionally pay a producer even a penny less than he was entitled to in the contract (although they might haggle over even these tiny amounts during the negotiation), but the complexity of the music retail industry means that opportunities for making large accounting errors exist in abundance. Any music business contract should include a clause stating that an independent accountant can be appointed to inspect the record company’s relevant books and paperwork to make absolutely sure that no errors are made. This keeps the record company on their toes to make sure that every last penny goes to its intended recipient.

 

Manager’s View: Stephen Budd

Stephen Budd is a manager specialising in producers, engineers and remixers. His roster features Mike Hedges, Gus Dudgeon, Martyn Ware, the Rapino Brothers and many others. Their collective credits are far too many to mention!

Why a producer needs a manager

Producers are not necessarily the best people to go after gigs themselves. They tend to be a little shy about pushing themselves forward. On a marketing level, there needs to be someone on the ground who can go and find out who’s doing what and where, which bands have signed to which labels, which bands are hot, which bands are not. Then I try to market that producer to A&R people or artist managers so that their name is on the top of the pile.

Reason number two is that producers find it difficult to negotiate deals. It’s very difficult to have someone estimating your own value - it’s a very personal issue. Producers are not always as clued in as they could be as to what their value is in the marketplace. Sometimes they overvalue themselves. More often than not they undervalue themselves. My job is to create maximum income for producers, playing a delicate role without undermining them or losing the gig for the sake of it.

The third thing is that a good producer should be working a lot of the time. If they are not, and they are good, they are probably not being represented properly. If they are in the studio all the time, the last thing they want to do is answer the phone every ten minutes to sort out scheduling and budgeting for the next project. Scheduling for somebody like Mike Hedges who has just had a massive hit record is horrendous. Every five minutes someone comes on the line with a great act that you would love to work with. It’s very difficult to say no, but you’re having to juggle with so many different elements: artist’s time, producer’s time, studio availability, engineer’s time, the next artist the producer is going to work with.

Lastly, somebody needs to be there to liaise on the money front, working out how much the record company can afford, setting a budget that works for both parties and making sure the record comes in on budget. That is a job that requires diplomatic skills. All of these elements come into play: marketing, negotiation and project management, these are the key reasons why a producer needs a manager.”

 

RePro - The Guild of Recording Producers, Directors and Engineers

RePro has grown out of The British Record Producers Guild which was established to give producers a unified voice in the music and recording industries. Current full members include Gus Dudgeon, Steve Lipson, Steve Levine, Rupert Hine, Chris Kimsey, Gary Langan, High Padgham, Phil Wainman, Muff Winwood and Alan Winstanley. The President of RePro is George Martin and the Chairman is Robin Millar.

RePro’s View, courtesy of Vice Chairman, Peter Filleul

RePro Activities

RePro is a trade association which represents the profession of recording producers, sound directors and engineers. We provide them with a quarterly newsletter and usually about five forum meetings a year. We produce an annual A&R guide, a budget guide, and we are about to provide a legal guide which will advise them about producer contracts. We have three hotlines to professionals who provide free advice, usually up to about an hours worth, ranging from legal advice to accounting and financial advice. We can provide various discounts on equipment which are very useful for people starting up. And of course we provide representation of the profession within bodies that are discussing the development of the music industry. Also, our members become associate members of APRS (Association of Professional Recording Services) so they can attend meetings arranged by the APRS, which are usually more technically biased.”

Membership

There are two main categories of membership: Full Membership and Associate Membership. Full Members must be recommended by other Full Members and would probably be those who have been around in the industry for a while and have a CV. We would stop people becoming Full Members if they were only part time producers for example. But if you are involved in the industry at almost any level, straight out of college even, or if you are going in as a tape op, you can become an Associate Member. We believe it is important for people starting off in the industry to have access to those who have been in it longer. Then there are Overseas Associate memberships, which have exactly the same benefits as Associate membership except that you can’t become a Full Member of RePro. There is another special category of APRS Engineer membership for engineers who work for APRS studios. Freelance engineers can join as Associate Members. The only real differences between the categories is that Full Members have a vote and are entitled to take part in certain events, such as when a prestigious console manufacturer wants to talk to people who are likely to be working on an SSL or (Neve) Capricorn rather than those that are working in home studios.”

Key Issues

Income is always a prime concern. We are currently working to acquire performance income through various routes. We are also always concerned with technology and how that is developing. We are the people who are at the sharp end of the new recording technologies. The way that technology is moving so quickly means that very often problems are foisted on the recording producer which should not be his problems at all. As far as the profession is concerned, we are becoming more and more involved in all kinds of areas throughout the industry because we believe that the producer is the most pivotal person in the whole process of making the products that make this industry survive. We have a very important role to play in the way the industry develops in this extraordinary transitional period during the digitisation of the industry. The implications for revenue streams when sales are made by transmission are profound, and the way that the entire industry is financed may change. We want to make sure producers will be involved in this change and properly compensated for the increasing role they will be plan

 

How to Become a Record Producer

The Knowledge

As I said earlier, you can’t become a record producer without having a deep understanding of your chosen style of music. It has to be up to you to gain this understanding and to invent ways in which you can extend the boundaries of this style, perhaps further than anyone could have imagined. You will however also need a knowledge of the mechanics of record production, and skills in using the resources at your disposal to best advantage. With these matters I can help, at least enough to put you on the right track. In this chapter, I am going to list many of the technical details you need to know to become a record producer, but it’s up to you to do the leg work and actually acquire the knowledge, just as a would-be taxi driver is issued with an A to Z map but has to go out and drive the streets until all the possible routes have become second nature. Let’s start withƒ

Music

Record producers don’t need to know anything about written music. There are plenty of people who would probably tell you otherwise, but they are probably classically trained musicians who are merely dabbling in the real business of music and not actual record producers themselves. As a classically trained musician, I realised a long time ago that the dots are only a means to an end, but so many so-called musicians really do believe that a musical score actually is music. Music of course doesn’t exist until it is played, or a recording of that music is played. A printed sheet can only ever be a rough guide to what the music is supposed to sound like. If you do read music, beware that it is all too easy to get bogged down in the notes and not really listen to the music - you can’t see the wood for the trees, to quote an old saying with a similar meaning. If you don’t read music, don’t ever let yourself think that you are at a disadvantage - quite the reverse in fact since you are totally free to listen and create. You can always hire an arranger as and when you need to.

Having said this, some of the terminology of music notation is commonly used among non-reading musicians. If one member of a band said, “I think we should throw in a 5/4 bar and change the hihat to a triplet rhythm”, and you didn’t understand what he was on about then you might feel inclined to worry just a little. Don’t waste your time on worrying about what you don’t know yet - just ask them to try it, and if it sounds good to you then store that phrase in your memory for future reference! I would say that you are much better off picking up this type of knowledge as and when you need it and be driven by the needs of the music, rather than having your head stuffed full of the technicalities on which formal tuition tends to concentrate. The main thing is to be around musicians and learn the vocabulary of your chosen style of music. And if you don’t know the proper term for the idea you want to communicate to a musician - just sing it! That will get the message across in a much more direct way.

If you are working with samplers and sequencers, then you will need to understand the letter names of musical notes and also time signatures. Unfortunately, no-one has yet invented a computer that you can sing to and say you want it to sound like this! So, as well as having to be technically knowledgeable about the equipment, you have to know a lot of musical technicalities too - or work with a programmer who knows it all.

Beside the notes and rhythms of music, there is another aspect which is much more difficult to master - the sound of music. It’s difficult enough to imagine notes in your head, and you can always play them on a keyboard or guitar if need be, but if you are going to be a truly creative producer then you will have to be able to ‘hear’ the sounds of different combinations of instruments before even a note has been played (and before the session musicians have been booked!). What’s more, you are going to have to be able to do this with all the sonic manipulation and trickery the recording studio has to offer. Trial and error, and sometimes sheer luck, play an important part in studio recording, but they will only get you so far. The best producers can do a lot of the creative work in their imagination, and then set about making it happen for real on tape.

To develop your musical imagination you should start with whatever knowledge of music and recording you have already, then listen to a favourite CD and try to work out exactly how every sound was created. At first you will say, “Ah yes, that’s a bass guitar”, and you will probably think that is all there is to it. An experienced producer on the other hand will probably hear much deeper into the sound and say that it’s a Fender Precision bass with flat wound strings, played with a plectrum into a valve amplifier, miked with a dynamic mic at a distance of a couple of metres and mixed with the DI (direct inject) feed into the console. Similarly, you may hear a scratchy vocal effect set deep in the mix recurring every verse, while the producer will be able to say exactly which James Brown record it was sampled from, and probably make a pretty good guess at how much it cost to get copyright clearance! In fact, the more producing you do, the more detail you will hear in your records. To give an example, I have recently been exploring what variations in sound I can get with reverb on low frequency instruments such as bass drum, bass guitar and bass synth. And now that my ears are tuned into this sound I am amazed at how much low frequency reverb I can hear on CDs in my collection that I never even noticed was there before. The more deeply you can listen into recordings, the more you will develop your musical imagination.

Instruments

As I have previously mentioned, you don’t have to be able to play an instrument or program a computer to be a producer as long as you can get hold of people who can do these things for you. If fact, you are probably much better off just sitting back and listening rather than getting too involved with the nuts and bolts. But you do have to know what sounds are available from all the different instruments in common - and not so common - use.

Staples in the popular music world of course include acoustic and electric guitars, bass guitar, keyboards, drums, samplers and turntables. But you need to know about the subtleties on offer within each group of instruments. Even a non-guitarist knows that there are electric and acoustic guitars, for example, but a producer should have a mental list of all the different types available, and mental sonic images of the sounds they produce:

 

Nylon strung acoustic (classical guitar)

Steel strung acoustic

12 string acoustic

Electric (non-humbucking pickups)

Electric (humbucking pickups)

12 string electric

Electro-acoustic

Bass guitar (electric and acoustic)

Mandolin and Mandola

Banjo

Resonator (Dobro)

Pedal steel and Hawaiian

So you wouldn’t just be thinking, “Let’s try a guitar on this track”, you would be consulting your mental database of sounds, and almost certainly subdividing this list further. For example, among electro-acoustic guitars, an Ovation has a very different sound to a Takamine or Washburn. Among electric guitars, the Fender Stratocaster and Gibson Les Paul (to name two classic models) are quite unlike each other sonically. The way the instrument is played makes a big difference too. Plectrum and fingerpicking styles are obviously different techniques - but even the thickness of a plectrum can change the guitar’s sound enormously.

With orchestral instruments, there is a vast range of sounds on offer and the way you will get to understand what they can do, individually and in combination, is by listening to CDs, or by getting hold of a CD-ROM about musical instruments which will give you at least an introduction to what they sound like. As I said earlier about the way a producer listens to a recording, there is very much more to any instrument, or any group of instruments, than would be immediately obvious to anyone listening to them seriously for the first time. And however much you feel you understand an instrument already, there is always more that can be learned, as any good player will tell you.

In the case of electronic keyboard instruments, the strange thing is that it is easy to be overwhelmed by the vast number of seemingly different sounds a synth can produce, and it is tempting to think that keyboards are all you would ever need to make a record. This is not the case however, since even the latest synths produce sounds that are insufficiently complex to satisfy the human ear for long, and it is very difficult to make an all-synth album and make it good enough to listen to over and over. The same applies to samplers, and as a producer you will find yourself working very much harder to get an interesting sound than if you had used conventional instruments. Note that I’m not saying that you shouldn’t use synths and samplers, just don’t fall into the trap of thinking that they are going to make your life easier. In reality, you are going to have to put your creativity into overdrive.

Equipment

Some studios have so much equipment that you might think it is impossible for one person to understand it all. Unless you have an aptitude for equipment, and you want to become a producer through the engineering route, I suggest you keep your hands off and leave it to the engineer! You should know what everything does however. I will leave any gaps in your existing knowledge to your own research, but you need to know about the following, and understand what implications they have on the sound of the recording:

Microphones

Mixing console

Multitrack recorder (analogue and digital)

Stereo recorder

Loudspeakers (often called monitors)

Compressor

Noise gate

Digital reverb unit

Pitch changer

Multi-effects unit

Effects

There are two types of effects: those which come in a rack mounting unit or as a guitarist’s stomp box, and those which are painstakingly created with the imaginative use of studio technology. ‘Instant’ effects are often part and parcel of a musician’s sound, particularly in the case of guitarists, and include wah-wah, phaser, flanger, chorus, delay and distortion. You will of course need to get to know what all of these effects sound like so that you know when to use them. (Sometimes you’ll have difficulty getting guitarists not to use them!). Certain styles of music require the recording to be pretty much an accurate representation of what would actually be heard on stage. An ‘honest’ recording if you like, where effects are used sparingly merely to enhance what is already there. Most recordings use artificial reverberation, and you will need to explore the capabilities of pro studio favourites such as the Lexicon 224X and 480L digital reverb units thoroughly. But often you will need to go beyond the obvious to create a new sound world in the studio, and you may not be able to find what you want prepackaged into a handy unit. To explain all the effects that are possible in the studio would require a whole shelf of books, not just part of one chapter, and you can only really learn from real life experience in the studio. Remember that as a producer, you don’t necessarily have to know how to create each effect, you only have to know what they sound like and have an imagination for what you could do with them. So each time you work with recording equipment or in a studio, try to find out a little more about EQ, reverb, compression, gating, delay, pitch changing and all the other effects. Learn by listening so that next time you need to thicken up a limp lead vocal, you know that it should be EQed, compressed and given some delay and reverb. And if it’s really weak you’ll know that adding a slightly pitched changed version to the original will bolster it up, at the expense of making it sound just a little less human. If it all sounds complex and difficult, that’s because it is. But you don’t have to know all about studio technicalities straight away, as long as you have good people working with you and you know what you want to achieve musically.

How to Become...

Since you are almost at the end of ‘How to Become a Record Producer’, I suppose I should actually tell you how to become one since you have been waiting so long! For your benefit I have distilled the information I have obtained from top producers into a few simple guidelines:

If you want to learn how to produce, just get in a studio and do it. You can learn a lot from books, quality home and project studio recording magazines such as ‘Sound on Sound’ and recording courses, but you can only really learn how to produce by working in a commercial studio.

To become a producer through the engineering route, get into a good recording studio by writing lots of letters to every studio you hear of. When you have written to them all with no success, wait three months and write again. You may have to write hundreds of letters to get one interview.

To become a producer through the musician route, get in with a band or other musicians who are regularly recording in good studios. Observe everything and learn.

Approach a band and offer them studio time at your expense, with an agreement to share in any profits of course. When you take the recordings to a record company, make sure the A&R manager knows that you are the producer and it is you that has made the band sound great. Liaise with the band’s management and try to get them to share to recording costs.

Find a singer and arrange and produce the instrumental backing, preferably in a professional studio. Take the tapes to a record company, or use them to get professional management for the artist. Record companies prefer acts who already have management.

Make a recording and release it yourself on your own label. If it sells a couple of thousand or more, it’s enough to make a record company take you seriously.

Once again, just do it!

So that’s it. How to become a record producer is no big secret. If you have talent and determination you can start to become one today by saving some money towards your first session in a pro studio with a pro engineer. At this very first session, you will indeed be a producer and you will be doing exactly the work that a successful record producer does. How far you get in the business is up to you - only a very few can carve out a successful, continuing career. But when you do achieve recognised producer status, make sure you write to me via the publisher of this book. You don’t have to thank me because I haven’t done anything except to point you in the right direction. Send me a copy of the record or CD and I will have the satisfaction that I played a very, very small part in its creation. You will have the satisfaction of achieving something that is the ambition of everyone, probably hundreds of thousands of people the world over, with an interest in recording music. You will have become a Record Producer!