So, you think you've written and performed a great song. Possibly even a few of them... more than enough for an entire album or two. Hey, you've even played your own music in several huge venues, to the rave of the cheering crowds. Your band is tight, your sound is utterly amazing and every ear that hears you is blown away. You've even met a few major label representatves that tell you they want to take your music to EMI, SONY, Mercury, Warner Bros, or a number of other major names. You even met one rep that told you he was going to have that CD you recorded, in your hometown studio, remastered... for free! "That way your CD makes a better impression of the label execs," he tells you. It's been weeks, even a couple months... no word from anyone. Your CD was never remastered. That guy never even called back. You tried to get in contact with him, it was damn near impossible.

Okay, what the hell is wrong? It's been going like this for the last three years! You know you're sitting on a goldmine with that music and sound of yours. But, like the land your goldmine sits upon, perhaps you forgot to get the mineral rights in your deal for the land. Sure, you own the land as with your music. It's been copyrighted. Hell, all you need do to prove ownership of a song is to mail it to yourself - this is a means that has stood up in some courts - but not always. You've even been smart enough to register your music as an entire CD composition, thus covering all songs on your CD for one price and not having to pay for each song individually. If you were to relate all this to a goldmine ownership, what you have just done is bought and recorded the deed to the land that mine sits upon. There is so much more that you need to do - and do it before someone else comes along and steals part of that gold.

Here's a little insight on the music industry and they way they work things. Lisa and I fought for a few days on this issue. First off, at the upper levels of the music industry, it is a dirty, dirty business. Those labels really do not care about ethics, morals or have any sense of fairplay. They are in business for one reason and one reason only: to make money, a lot of money. The way they work is very much like an automated assembly line and anyone that comes along that does not exactly fit their molds or or could possibly require them to do something by hand, they will NOT sign them. Okay, so what about you and that amazing band of yours does not make it easy for them to make their money? It's your music, that's what.

Now that you are totally confused about whatever it is I am talking about, allow me to shed some light and open a few eyes. When you write a song, yes, it is wise to coryright that song with the US copyright office, this MAY protect you from theft, but it won't get you paid. Herein lies your problem. When you sign that "Major contract," with some "huge label," you would normally be receiving a signing bonus (this signing bonus is not free money - you are expected to pay your own way with that money - recording sessions, CD stamping, distribution, etc - the label will handle the marketing.) That 15-20% artist royalties you were supposed to be getting, may only come after the label has recouped there initial investment in you and your band (I.e. the signing bonus they gave you... they want that money back. Plus, they want to be re-embursed for what they spent marketing you. Be sure to get as much money up front, in that signing bonus - you may never see another cent.) Now, if you are getting 15 - 20%, as artist royalties, what is happening to the remaining 80 - 85%. A part of that money is paid to a writer's organization, such as: BMI, ASCAP or SESAC. There are others, but those are the big three. I will use BMI, the Organization with which we have recently become affiliated. Keep in mind, they all work pretty much the same way. BMI, takes a very small percentage for themselves and sends the song writer the lion's share of that money. If you or someone you know is the song writer, and not affiliated with any of those writer's organizations, no one gets paid and this can cause problems for the label. Labels do not like problems. There are way to many talented performers out there to deal with problems. They will gladly deal with someone who is less talented than you, if they come pre-packaged, without problems.

Essentially, whatever original music you perform, someone wrote it. That someone legally has to be paid. The labels are not about to write out individual little checks to hundreds of thousands of people that have written all or parts of the songs they represent; plus spend the time to check addresses, current locations, listen to songwriter's complain everytime they think that the numbers don't match... Instead, they write out a few checks and send them to BMI, let them deal with it all.

BMI also works in the writer's interest. Sort of like a union. In fact, joining a writers workshop, such as: NSAI or SAG (Songwriters and Authors Guild - NOT screen actors guild) adds credibility the labels like to see. Joining a union, such as AFM, adds even more protection and credibility. Plus, they are all designed to assist and protect the writer and the musician. BMI is free to join, the guilds and the union cost money; but are a necessary evil in this business. A huge part of the fight Lisa and I had was over these guilds and the union. She made it perfectly clear that she has no problem writing her own musc and does not see the need to join one of them to assist her in her writing or singing ability. It took me hours upon hours to convince that stubborn redhaired fireball that that was the reason she wasn't getting signed. And no, there is not a single major label out there that will ask you to sign up for them or do it for you. If you are not already pre-packaged, they probably will not even listen to your music. As I explained to her when she brought up those inexperienced boy bands. The manager's of those bands signed them up for whomever they needed to belong to, before they approached the label. Secondly, most all of their music was written by someone else; someone who was already affliated with BMI. If that is what you are doing, buying a song from someone else who is aleady affliated, then you do not need to worry about being paid as a song writer. But, whether you, your best friend, your brother, the guy you know at the bar or someone you just know writes your song(s), that song MUST be affiliated with one of those writer's organizations, if you intend on using that song with ANY major label.

So, why is that? Why all the fuss about Guilds, workshops and unions? It's all about creditbility and lessening the odds of legal problems or hassles. In today's law suit happy world, no labels are willing to take a chance on anyone, unless the packaging looks inviting enough to open. So, back to that gold mine you think you bought into. Did you remember to make sure that you own the mineral rights too (BMI)? What about the tools to dig out the gold(BMI)? Hey, it's a huge mine. You are also going to have to hire a mining company to assist you (NSAI or SAG). Then there is the processing plant to get that gold out of the ore (AFM). Then you need to get your cold hard cash (Sony Music).

How can you locate or join any of these organizations? Simply type: BMI, ASCAP, SESAC, NSAI, SAG, AFM or any other affliliation or guild into your favorite search engine. My advice is to check them all out individually and join the ones that you like the best. You only need to join ONE of each. We have joined, or are joining, for our own personal reasons: BMI, SAG and AFM (local 153). You may chose to join: ASCAP, NSAI and AFM (local 6), that's all up to you. But, if you ever hope to get signed one day, you need to join them. That's only if you intend on using original music. Can you make it big on cover tunes? Unlikely; but then again, if you care to try it, you'd be in the company of Sha na na and Donny Osmond.

I hope this has helped some of you see things a little more clearly and to understand why you may not have been getting that major contract signing you know that you deserve.

Good luck to all of you. I wish you all much success.

Sincerely,

Dave Paterson

I didn't know that anyone here was interested in having anything to do with the "big 5". Go try to sign with Epitah or someone like that. You don't need a mojor contract to be successful.

*"major contract"

Interesting insight on how signing up works. I was thinking of sending this article to a local artist but it may already too late for her. She's having a CD releaseparty in a few weeks but I haven't yet foundout if it's indie or CRIA.