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April 18, 2012
Setting The Stage

I'd like to consider myself a big fish in a little pond of guppies. Not big in terms of cash flow, and not extremely big in experience, but knowledge is what grows my fins and tail bigger than the guppies. It can seem prideful and arrogant to say.

I used to be one of those artists that claimed to know everything, but knew nothing past the brown on my skin and the notes in my head. Once I started meeting people in the industry, I soaked in any knowledge they gave up. It took time for me to get what some were saying, but it wasn't what they were saying, it was the questions that I asked.



I had seen and heard of things happening to my music peers in the local area. Shady deals, not getting paid after a show, stolen music that would later be released and become a hit. Like, these things frightened me.

I coveted my music like a child. My music grew and I grew with it. My talent became my power and music was the weapon that yielded that power. To have my child, that power, taken from me and abused was the worst thought in my mind.

I figured I'd have to deal with some big industry types and I honestly started to believe they were all shady. The only way I saw to overcome those fears and doubts was by acquiring knowledge. I actually put aside looking for deals and chasing the labels. My thought: How could I do this so if a label came to me, they'd have to deal with my terms?

Getting The Gear

In the new music industry, artists have a chance acquire all the knowledge we could need about music business for free. Bands can run their own business without the need of the labels. The internet has played the biggest role in the creation of a new industry. As more independent artists appear, the fear of gaining knowledge about the music business is fading.

Way back when, the major and indie-major labels made it difficult for most artists to understand the business. They took a simple set of rights and rules that worked in an artist's favor and created the deal. Record deals, publishing deals, distribution deals, marketing deals, management deals  and now the dreaded 360 Deal...all of the contracts involved were, and still are, littered with so much gobbledy-gook (thanks for the word Hubspot!) and terminology that we can't understand it without the aid of a lawyer. Many times the labels would provide the lawyer if an artist didn't have one. Now how does that work in a musician's favor?

The only music stars that made it either bent to the will of the labels, or were smart, tenacious, and patient enough to learn the business inside and out. Even then, not every band or artist who took those positions had a long and illustrious career. Yet any artist that learned the business of music stood a better chance of surviving the shark infested waters.

Shift ahead to the digital age and the game has changed. A new music business model is here. There are new waters, but not nearly as many sharks. The new music industry's business model doesn't allow that. I mean, they can flourish, but they can't survive. With the internet offering so many opportunities for fresh and established talent to finally eat off a bigger plate, the abundance of food has been spread out. With time, effort, and knowledge, the guppies can become bigger themselves. Bigger than the sharks.

Knowledge is the keyword of this whole post folks. Knowledge about music publishing and copyrights.

The Main Event

The two fundamental foundations of the workings of the music business in the new music industry and the old music industry are music publishing and music copyrights.

Unfortunately, I may have mislead many readers into thinking that either music publishing or music copyrights are better than the other based on the title and subtitles alone when, in fact, music publishing and music copyrights are BOTH NEEDED to ensure that an artist or band's music is protected, and so that they can get paid and defend their rights in a court of law.

Yes, you need both publishing and copyrights. Technically you can't have one without the other. My last post said something in regards to that so I'll elaborate a little more.

What are copyrights? Copyrights give you legal protection on a federal level for your works. An artist has legal rights on every work they create as soon as its created. However, if you don't copyright your material, the law may not be able to work in your favor should someone infringe on your rights. What's crazy is that infringement isn't a touchy subject, just misunderstood. Like the big doofy kid in school that has a big heart but everyone seems to pick on him.

Understanding the intellectual property laws as pertaining to your music copyrights is essential. Honestly, it ain't that difficult to understand either. So man up, stick out your chest, and go find out about music copyright laws now!!

Let's say you have a clear understanding of music copyrights and you have all your intellectual properties of music copy written. I hope you're not an artist who learns one thing about the music business and think that's enough. Does a boxer only train once before stepping in a ring for a prized fight? Of course not, and you shouldn't either.

One of your rights under copyright laws is your right TO GET PAID for a public performance of your work. As an artist or songwriter, you do perform your material right? Or someone performs it for you, am I correct? In order to formally announce to the world that your material is ready for the public, you need to publish your music.

Just put the damn thing out on a public platform and there you go, your music is published! Publishing your music is simply the act of making your music available to the public.

HOWEVER! Just because you've published your music for the public to enjoy, doesn't mean you've published your music correctly. As in the case of copyrighting your music so that the law recognizes your intellectual property rights, you need to formerly publish your music in almost the same fashion so that your music's performance can be tracked and you can get paid for that performance.

There are companies called Performing Rights Organizations (or PROs), that help establish your publishing as a writer/composer/singer or just a publisher. Once you set up an account with your PRO, then you catalog your music, which is part of the publishing process. The PRO that works for you will track where ever your music is played or performed publicly. With the new music industry and the digital age, there are new music industry PROs that offer tracking based on plays and performances of your music publicly across digital channels.

And The Winner IS!

Seriously, the more you learn about this music publishing copyright stuff, the better your chance of WINNING...we all like to win don't we? If you plan to do more with your music than just fuck around with it, let your friends and family hear it, or perform in talent showcases, then I suggest you start to look deeper into the business side of music. Learn all you can about music publishing and music copyrights. Not to say you can't hire someone to handle your music business affairs, but wouldn't learning the ins and outs of the music business make you a better boss and artist overall?

I think it would. To get started, learn about how to copyright and publish your music correctly so at least you have those foundations on your side. Head over to the Reading Depot for some valuable music resources that can teach you about the business of music in both the new music industry, and the old one.

Infuse yourself with that knowledge to come out a winner!


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