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As a general rule, as soon as you have money, someone will want it. To some, the best way to go about getting a piece of someone else’s pie is to find some way in which they have wronged you, turn it into a legality, and file a lawsuit. The problem comes in ensuring the cost of the legal proceedings are worth the reward. This is especially true in the music industry, where a large scale suit can award tens — if not hundreds — of millions of dollars. On the downside, legal fees tend to be proportionally exorbitant.

Within the last couple of months several big cases have been in the news. DM Records, whose catalogue includes artists like Tupac and Prince, and tracks as lucrative as “Whoomp (There It Is)”, is suing Warner Music Group for allegedly withholding digital sales revenues relating to a non-exclusive distribution deal. At the same time, Gate Five LLC, a video game company, is suing Beyonce for $100 million for allegedly backing out of a contract, resulting in 70 layoffs and effectively destroying the company. Additionally, Dionne Warwick and the Shirelles are going after a Broadway producer for allegedly using their names and likenesses without permission in the musical Baby It’s You.

While independent artists may be a long way from taking on Warner, starring in video games, or being written into Broadway shows, there are other cases that are somewhat more relevant, albeit on a different scale. Christina Aguilera is facing a lawsuit over a sample of “Hippy Skippy Moon Strut” by Dave Cortez and the Moon People used in her 2006 hit track “Ain’t No Other Man”. The suit claims that Sony, the label to which Aguilera is signed, paid Codigo Music and the Clyde Otis Music Group for the sample, though the plaintiff, TufAmerica, claims to have bought the rights to the sampled work in 2004.

This case is both a testament to the need to do your research before sampling a song, and a cautionary tale: Xtina and Sony may have the legal and financial resources to tackle this suit and/or settle out of court, but indie artists generally don’t. Sampling another person’s work, especially one that can afford high end representation, could be financial suicide if the rights to do so are not ironed out correctly in advance. You could end up owing the sampled artist a huge chunk of your royalties as well as punitive damages, not to mention your own legal fees and possibly theirs.

While Aguilera’s legal battle is just getting under way, Dr. Dre’s has finally wrapped up. Just over a year ago he filed a suit against Death Row Records for unpaid royalties from digital sales of his 1992 album The Chronic. The courts ruled that Dre was entitled to 100% of digital sale proceeds, and that the label, which in recent years was bought out by WIDEawake, could no longer license any material from the album without Dre’s permission, preventing them from putting the tracks on compilations with weaker material to boost other sales.

This case is more of an example of the importance of contracts and accounting than anything else. In 1992, digital sales were an unheard of concept. They would not have been explicitly written into the original contract and were likely outlined either in an amended version or supplementary contract. Keeping track of what your contract covers and, in the wake of new technology, doesn’t cover can have a huge impact down the line; as can monitoring your income and ensuring you’re receiving everything you’re due. You may need it when the next album goes platinum and someone comes running for a piece of your pie.

by: Amy Plachta

There’s a fine line between controversial commentary and controversy for its own sake. With one of Christianity’s most auspicious weekends just past, this is a good opportunity to note how many times religion’s path has been crossed by music lately.

Most recent was the Tribeca Film Festival, where the Kings of Leon documentary Talihina Sky was unveiled. On the whole the film is about the rise of the band, but the conservative Christian roots of the Followill family makes mentioning religion unavoidable. This, as presented through the lens of the band members’ personal opinions falls easily under the heading of controversial commentary — and, being essentially a, “it is what it is” group biography, is perhaps not even all that controversial.

On the other end of the spectrum are the recent headlines regarding Lady Gaga’s Judas video, which is set to premier on American Idol in early May. The track has been drawing attention from those wondering whether it is legitimate musical art or if it was simply written to stir up tensions where they are most easily stirred. Lady Gaga is as accustomed to negative attention as any other kind, whether for her overt and possibly excessive sexuality or her non-PETA-compliant wardrobe choices. Perhaps the biggest surprise is that it took this long for her to upset religious groups as well.

Falling somewhere in between is the news that Josh and Zac Farro left the band Paramore last year partially for religious reasons, with Josh recently stating that certain lyrics contradicted their faith. This is neither commentary nor controversy, but rather a personal decision that many artists come up against at some point in their careers when music and morality butt heads.

Religion is a tricky topic to handle, both in music and as a musician. When themes are incorporated into lyrics and videos, there is always the danger of alienating a subset of fans, either by mixing in too many spiritual themes or accidentally or deliberately offending someone’s faith. As a musician there is the chance that an industry trend might run counter to an artist’s personal beliefs. The same is true of many political topics as well, whether they are likewise rooted in religion, a social or moral view, or simply a practical opinion.

Avoiding unintended tension is at once very simple and very difficult: an artist must know what they believe and know how much that belief means to them before mixing it into their art. The former will dictate what they say, and the latter how much effort they are willing to put into saying and, if necessary, defending it.

Whether the statement is one of belief, lack thereof, or indifference thereto, at some point it may be necessary to make certain opinions known, and perhaps the only thing worse than stating an opposing opinion is misstating it. You’ll offend just as many people going halfway and backpedaling as you would had you just gone straight ahead.

by: Amy Plachta

Record Store Day is still in its relative infancy, having been founded only a few years ago in 2007, but already it borders on a national holiday for vinyl enthusiasts and music purists alike. Unfortunately, the day is also equally known for being a huge opportunity for album scalpers to stock up and then hock the goods to which they are relatively indifferent for huge markups on ebay.

Rare and collectible editions went on sale this past Saturday, many alongside in-store signings and other promotional events, and by Monday morning the numbers were out, with some items reselling for hundreds of dollars.

As annoying as this is to collectors, it may not be the biggest issue. Certainly there are many arguments to be made in favour of the promotion of classic music formats, but limited edition products come with one major drawback that was, by design, intended to be a plus: exclusivity.

The new generation of music lovers is made up of people who are accustomed to access. One of the reasons downloading is so popular is because it allows easy access to a massive catalogue. Two thousand copies of a single containing an exclusive b-side on a colour vinyl pressing could be the pride and joy of one fan’s collection, but for the die hard fan who lives in the middle of nowhere and doesn’t own a turntable, it is simply one more track by a favourite artist that they may never get their hands on, or even hear.

With enough time eventually everything seems to pop up online. Someone with the technology will rip the vinyl to digital and put it up as a backing track to a YouTube montage of heavily pixelated concert photos, but is that any way for a band to treat their most loyal fans? There could be a legitimate, legal sale just waiting to happen in Newton, Kansas that will instead end up as yet another stat on isoHunt because the band only sold to Topeka. Or Colorado.

So where does the balance lie? Perhaps in a colour vinyl that is released a month ahead of the digital copy. The collector will have their collectible, and the small town fan will still get the opportunity to own the song. For years artists have been bemoaning the tangents coming off the industry, saying it ought to be about the music. Modern technology has enabled a great number of people to own just that: the music. And now some bands are making it difficult to acquire even that.

Access issues aren’t limited to special events. Back catalogues and regional restrictions can be equally problematic. A band that has been around since 2000 but only has post-2005 albums available for sale online is cutting their potential sales in half. Similarly, offering certain albums, b-sides, and rarities in one country but not another will also send general fans running to torrent sites.

Sometimes there are legal issues involved; a certain publisher or distributor may not have licenses abroad, or for tracks that were originally released through a different company. Whenever possible, however, bands should keep in mind that rewarding one group of fans may essentially be depriving another. Simply off-setting a release date or releasing different album art may be enough to provide an incentive to some while still promising equal treatment to others. It is almost never possible to please everyone, but when planning promotional events, offer to share your fries with your best friend, but not in front of the entire class.

by: Amy Plachta

Generally when people think about making a living as a musician, there are a few very common, conventional steps that come to mind: make a CD that can be sold, sell tickets to shows that promote the CD, sell merchandise at the shows to augment income.

These methods are certainly reasonable, but they are not a complete list. There are many agencies around the world whose sole purpose is to collect various types of revenue and distribute it to artists.

Every time a song is played on commercial radio, at a sports event, or in a public place the artist who owns the song has the right to earn income from it thanks to Performing Rights. It isn’t incumbent on artists to monitor airplay, there are agencies such as ASCAP, BMI, SOCAN, and PRS for Music already in place to keep records, collect fees, and distribute revenues to artists who need only sign up.

Mechanical Rights generate royalties from physical copies, and not just CDs. Music videos, ringtones, computer games, and even children’s toys that play songs are all possible revenue sources. For these there is the CMRRA, the Harry Fox Agency, and MCPS, among others.

Several of these agencies will also help to collect income from Sync Rights, which occur when a song is synchronized to a movie, television show, or commercial. On top of these three, there is also the emerging category of Neighboring Rights which help generate revenue based on rights that exist in relation to other rights.

It is not easy to make a living as an artist, but if you exploit your music and its exposure to its fullest capacity, it is possible to expand your revenue streams beyond the basic world of CDs, tours, and merch.

by: Amy Plachta

We are a certainly a culture that loves its schadenfreude, but the entertainment industry may end up having the last laugh when our intended victims turn around and monetize their own exploitation.

The latest internet meme to illustrate this point is Rebecca Black, whose single ‘Friday’ went viral through the power of en masse condescension. However, the joke has become so popular that the 13 year old is now a Billboard charter with a full album in the works, garnering attention from the likes of legitimate industry players Simon Cowell and Lady Gaga.

Many are crediting YouTube’s viral power as the reason for her success, but in this case the medium is not the message. The site launched back in 2005, a full year after would-be American Idol William Hung spun an embarrassing audition into three records with Koch Entertainment, countless interviews on top-rated television shows, and numerous sitcom cameos. His fifteen minutes of fame are still remembered seven years later.

Some would brush these cases off, insisting they exist somehow apart from the music industry, but is the Hungian legacy really all that different from that of Vanilla Ice or Billy Ray Cyrus? Both men achieved mainstream industry success in the early nineties and have been milking those moments ever since. Cyrus has reappeared in no small part thanks to the huge success of his daughter Miley, but even her initial fame was in part thanks to his past. Vanilla Ice has gone so far as to apologize for ‘Ice Ice Baby’, but both of these artists were responsible for #1 hits that crossed genre boundaries, and became worldwide stars whose names are still known twenty years after the fact. The fact that a product closely entwined with a certain era later seems comically dated is hardly something for which a person needs to apologize.

That isn’t to say YouTube isn’t a force to be reckoned with in today’s music industry. Justin Beiber is perhaps the best example of the site’s powers of discovery, and numerous amateur sketch artists have leveraged their page views to go from wannabe Weird Al Yankovics to professional satirists making a living off of downloads, ad revenues, and even endorsement deals.

The site has also given artists with more mainstream aspirations an opportunity to achieve success amongst the audiences they gained as vloggers; Pomplamoose and the various artists on DFTBA Records serving as good examples. Many YouTubers have achieved enough popularity to give up their day jobs entirely, something a lot of musicians taking a more traditional route still only dream of.

There are strong arguments to be made that the current state of the internet is responsible for the death of the music industry, but this statement is a half-truth at best. Certain internet habits are doing a good job of crippling the current paradigm as clung to by high-paid record executives, but others are redefining what it can mean to make a living in the entertainment industry, how an artist can go about being discovered, and even what it means to have — and be — a hit.

by: Amy Plachta

Ontario, Canada (March 8, 2011) – Canada’s  growing music company, Sol’ano Music Group (SMG), is pleased to announce that it has signed profuse songwriter and gifted singer Dahlia Fernandes for an all-exclusive worldwide co-publishing agreement. This is the first signing of the 27-year-old soulful artist based in Toronto.

Dahlia first discovered her love for singing at a tender age of 7, after singing “From a Distance,” popularized by Bette Midler, in front of hundreds of people. By the time she was 10, the young girl wrote her first song. When she turned 20, her sister bought a Steinway and Dahlia found herself playing around the musical instrument and teaching herself how to play. Since then, the young artist would compose and write a new song every week as she bloomed into the prolific musician that she is today.

Dahlia lived in India and Dubai before finally deciding to take a chance in Canada, where she landed with many opportunities including singing the National Anthem for U.N dignitaries for International Peace Day. Dahlia has vocally trained with renowned teachers Marat Maxutov, Shannon Gunn and Elizabeth Pereira who have helped develop her as an artist. Her song ‘Tomorrow Tonight’ has made waves in local playlists and nears its music video release.

SMG President Francis Yanga said, “I had a great meeting with Dahlia. We then decided to go into the studio, and in an instant, it was an awesome musical connection! I knew from the moment I heard her that she has the ability to write worldwide hits. We are very excited to finally be working with her.”

“Sol’ano Music Publishing Group could not be more honored to be working with one of Toronto’s best  songwriters,” Yanga said.

When an artist is first starting out, their intended career will likely occupy stray evening hours and be funded by hard earned savings. It will also probably be a solo effort. Depending on how quickly and to what degree thing progress, however, the added responsibilities of arranging and promoting shows, keeping the attention of the public, tracking down new opportunities, and staying in contact with interested parties can take a large chunk of time away from original task of simply making music.

At such a time, it becomes necessary to enlist the help of outside parties. While initially this support staff may simply be a manager who can stay on top of larger decisions and direct the flow of an artists career, it can easily expand to half a dozen people or more, each responsible for some aspect of arranging shows, doing promotional work, production for the product, or legal council.

When building a team, many factors need to be considered: ought one find an established industry professional or seek out an eager up and comer? Delegate to specialists or find a smaller group of people of which each can wear multiple hats? Find a tour manager in addition to a personal manager? Street team or publicist?

As well, deciding on set career markers that must be achieved for the continuation of the business arrangement can be vital to ensuring that no party forsakes their duties. It is one thing to work with an agent who is not pulling their weight. It is quite another to be locked into a long term contract with the same.

Artists who are just starting out often have very limited resources, but devoting some of those resources to assembling a professional team can push a career forward to degrees that make it well worth the effort. If an artist is starting to feel that the necessary duties of being an act are cutting into their ability to create their art, it may well be time to outsource to people whose passion is for those very duties.

by: Amy Plachta

Every band should have a great website. It can be a valuable tool for new fans, old fans, and even labels whose curiosity has been piqued. However, getting people to return to your site on a regular basis can be tricky. With social media, rather than asking that they come to you, you offer to go to them. Fans can get more information with less effort on their part, and you get more of what you have to say heard. There is, of course, still a line to be drawn between simply using social media and using social media effectively.

First of all, understand your tools. Twitter, for example, is a microblogging site with no aspirations of long format blogging. If your online presence is spread across multiple sites, it can a great one-stop shop for links to new songs, videos, blogs, and tour updates, but “short and sweet” are part of the premise of the site. Splitting an update over four Tweets with “(con’t)” ending each will make you seem unlearned to your web-savvy fans.

Second, spamming is not the same as going viral. Sending a link to every friend and fan you have may get their attention, but doesn’t guarantee it will be passed on any further than your immediate network. One of the great things about viral sensations is their integrity: they are passed along because individual people honestly feel they are worth sharing. A video that tries to go viral is like a high school teacher who tries to be cool: it’s the very act of trying that keeps it from happening.

Finally, diversify. More than half a billion people now use Facebook, so a band page or group can help you reach a massive audience. A lot of people still use MySpace, however, so maintaining a presence there is worthwhile. Twitter can be a great way to aggregate news across several sites. If you take a lot of on-tour or in-studio pictures, Flickr can be a great way to make them accessible. If someone in the band has a knack for eloquent updates or engrossing tour stories, a WordPress or Blogger page may be appropriate. Vimeo and YouTube offer great platforms for vlogs, music videos, and behind the scenes footage. If you only have a Facebook page, you won’t reach any of the people who closed, or never opened, accounts.

When going social, take care not to spread yourself too thin. A dozen pages that have fallen months out date will do as much for you as a single, fantastic page that no one knows about: absolutely nothing.

By: Amy Plachta