By Jeff Scheese* (with Barry Neil Shrum, Esq.)

Great news for those of you who listen to The Music Row Show on WLAC Nashville! The show features my clients, Scott Southworth and Heino Moeller, who recently announced that starting June 3rd the weekly radio program will make the Photo2leap to WSM, the 86-year-old 650 AM station known fondly as the “Air Castle of the South.” Along with this change on the radio “dial”, the team also announced an agreement with BlueHighways TV (responsible for programs such as American JukeBox Theater and Dry Creek) who plans to film the program and begin airing the show on its cable network in July.

“We can’t even express how excited we are to bring The Music Row Show to WSM and BlueHighways TV!  It’s an honor to be even a small part of WSM’s 86 year history and its musical legacy,” says co-host Southworth. Moeller added, “…to become a member of the BlueHighways TV family and its commitment to celebrating American music, art and culture is more than Scott and I ever imagined when we started the show.”

For those of you unfamiliar with The Music Row Show it is a weekly, two-hour radio show that airs every Sunday. Southworth and Moeller host the program while interviewing guests, listening to performances, and informing viewers on the happenings of the Music Row community. The Music Row Show began airing in November of 2007, and has since gained mass popularity and established an international fan base. This popularity has been attracting an array of guests that include some of the music industry’s most notable decisionmakers and recording artists, including legends Dolly Parton and Vince Gill.

WSM, the Air Castle of the South, has a rich history. It is known worldwide as a leader in the country radio genre. Its first program, WSM Barn Dance, began airing in 1925. The Barn Dance was a weekly Saturday night program at the Grand Ole Opry, WSM has been credited with shaping Nashville into the recording industry capital it is today. The stations’ historic, massive antenna, located in the suburb of Brentwood, gives it one of the largest footprints in the country. This extensive reach gave WSM a massive audience, giving many musicalPhoto1 acts from around the country incentive to come to Nashville in hopes of getting their performances played on the legendary station. The term “Music City USA” was coined by one of the stations disc jockeys, David Cobb, and since then the name has been adopted as Nashville’s unofficial nickname.

BlueHighways, based in Hendersonville, Tennessee, was started by Stan Hitchcock in 2009. It is an independent network celebrating original American roots music, culture, and events. Hitchcock is no stranger to running successful networks, as he founded Country Music Television (CMT) in 1984. BlueHighways, Hitchcock’s 3rd such venture, features shows such as Cooking Outdoors, Mule Training, Your Home Studio, and a slew of music programming. It’s goal is to offer a window into the experiences, music, neighborhoods, art, festivals and celebrations that define America’s vast culture as well as character.

Tom English, the General Manager for 650 AM WSM expressed his excitement for the duo to join his station:

Scott and Heino have done an amazing job building such a loyal international fan base for The Music Row Show. We are very proud to now bring the duo to our legendary airwaves and introduce this video version of the show exclusively on BlueHighways TV.”

Stan Hitchcock, Chairman and CEO of BlueHighways TV is also eager for the two to get started:

Our viewers will love this video version of Scott and Heino’s The Music Row Show. Their entertaining delivery and keen knowledge of the music industry will connect with the BlueHighways TV audience. We are also pleased to partner with WSM, as it brings strong credentials to our television version of this popular radio program.”

In reference to the deal, Scott and Heino added:

Barry Shrum has been instrumental in navigating us through the completely new waters as far as television negotiations. Not only did he go through the contract line by line with us (translating to english), he also helped us change some of the sections to take into account upcoming technology for future protection. There is no "Fear Factor" as we take The Music Row Show to a new medium with Barry in our corner!

Catch The Music Row Show on Sunday evenings on 650 AM WSM from 7-9 PM CT starting June 3.

Jeff_Scheese

 

*Hey folks, Jeff Scheese here just wanted to introduce myself. I’m currently enjoying the summer in Nashville before my Senior year at Belmont University. I’m a Music Business major currently and loving the realm of opportunities the city of Nashville offers. Upon graduation I plan on attending Vanderbilt’s Law School to further my education on the legal side of the music business. My ultimate goal is to become a lawyer in the music industry, mainly on the litigation side of things. I’m currently interning with Barry Neil Shrum, Entertainment Attorney, at his location in downtown Nashville. I’m learning a lot about the industry and enjoying my experience so far. Look forward to more pieces from me in the future.

Source:

Harr, Dan. “The Music Row Show Finds New Home on 650 AM WSM & BlueHighways TV”. MusicNewsNashville.com. May 16, 2012. http://www.musicnewsnashville.com/the-music-row-show-finds-new-home-on-650-am-wsm-bluehighways-tv

Clarence Spalding

Rascal Flatts is arguably one of the most successful bands in recent history, selling more than 20 million albums as the headline act on Disney’s Lyric Street Records until that label succumbed to the effects of illegal digital downloading that has a stranglehold on the music industry.  When that happened, the band moved to the wildly successful label that the Swift family and Scott Borchetta built, i.e., Big Machine Records.  Now, Flatts is making another significant move.  Just a few short weeks ago, they parted ways with the management company that took them to the top, Turner Nichols & Associates.  Now, they have inked a deal with Clarence Spalding and his firm, Spalding Entertainment, for personal management.  Spalding is, perhaps, a bigger icon in the industry than Rascal Flatts, as he begin managing the career of Brooks & Dunn in 1991 and continued during their heyday.  He continues to manage the post-B&D solo career of Ronnie Dunn, as well as the musical careers of Jason Aldean, Terri Clark, Pat Green, and Ashley Monroe.  Spalding serves on the board of the Country Music Association,  the Academy of Country Music, Vanderbilt’s Bill Wilkerson Center, and is a member of NARAS.  He received CMA’s President’s Award in 2009 for his service at the helm of that organization.  In an article by Peter Cronin for American Chronicle, Mike Dungan, President and CEO of Capitol Records Nashville said that Spalding was “at the top of his game.”  Dungan described him as a “people person,” and as a “very bright guy who has a firm grip on all aspects of our industry.”

CRS 2011 Research Study Finds State of Country Music Healthy, New Media Engagement Growing
Country Radio still king for consumers, new music discovery

 

 

The results of the CRB Country radio research study presented recently at Country Radio Seminar 2011 in Nashville.  The comprehensive study was sponsored through a partnership between Country Radio Broadcasters, Inc. and the Country Music Association and was conducted by North Carolina-based media research firm Coleman Insights.   You can review the actual study here.

 

Coleman Insights polled 5,000 country radio listeners, or “partisans,” regarding their consumption habits and the state of Country Music in general.  The list of partisans was obtained from twelve country music stations in in Atlanta, Austin, Baltimore, Charlotte, Minneapolis, Philadelphia, Phoenix, Portland, Salt Lake City, Seattle, Tampa and Washington, D.C.  In addition, 171 radio industry professionals were also polled to gauge their insight and perceptions about the country format versus those derived fro the consumer survey.  The study surveyed a sample of 12- to 64-year-old P1 Country radio listeners across the U.S. and their usage of new media devices, including social media websites, smartphone applications and radio station and artist websites.  Participants in thradioe study were polled between Feb. 7-18, 2011 via email and online questionnaires.

The “big picture” findings from the study,  Coleman Insights, concluded that consumers perceived the overall state of country music as significantly more positive than the professionals in the industry did.  Additionally, radio is the medium which makes consumers feel “most connected” to Country Music and remains the most consistent means of new music discovery for them.  New media usage – use of Internet streaming and social networking for example – continues to increase among all age demographics polled, showing growth patterns consistent with those in other formats.   Some of the key findings reported in the study were as follows:

  • The country music radio partisans polled are very satisfied with what they hear on their favorite country stations and are happier than ever with the choices available for country listening.
  • Their listening momentum remains very strong, as 83% of those polled perceive they are “listening more” to country radio now as compared to a year ago.
  • Those polled perceive that “country music is better” (51%), that they are “listening more to radio” in general (45%), that country radio is “more family-friendly” (33%) and that their “country station has gotten better” (32%).  The overwhelming majority of those polled (50%) believe that the “country music coming out today” is better than it was a few years ago by a five-to-one margin over those who think today’s country music “is worse” (10%).
  • The top ten most popular artists of those evaluated by consumers are Brad Paisley, Tim McGraw, Lady Antebellum, Kenny Chesney, Zac Brown Band, George Strait, Jason Aldean, Carrie Underwood, Alan Jackson and Blake Shelton.  Interestingly, Taylor Swift ranks in the bottom tier of the most popular artists, suggesting her large fan base lies predominantly outside the Country radio P1 audience.

Contrary to these findings among consumers, the industry professionals polled believed the following:

  • that more than half of country music radio patrons are listening less to country radio than a year ago due to increased media choices and lack of time;
  • that today’s country music has achieved equilibrium and is no better or worse than it was a couple of years ago; and
  • that radio consumers are only moderately satisfied with the choices they have for country radio.

Significant data reported by the study concerned the use by country radio listeners of new technology and the wide array of options available to the consumer these days, which leads to the fragmentation of the target audience.  A brief sampling of the statistics from the polled consumers indicates:

  • Three-quarters own an Internet-connected PC or Mac;
  • Two-thirds own a game console;
  • Half own an iPod or mp3 player;
  • Nearly half own a smartphone;
  • Nearly two-thirds have watched country music videos on YouTube;
  • Half are using Facebook;
  • More than one-third have used Pandora streaming Internet radio.

In this regard, I found the following conclusion in the report to be very informative:

The industry has pretty accurate perceptions of the adoption and usage of new media and technology by [fusion_builder_container hundred_percent=”yes” overflow=”visible”][fusion_builder_row][fusion_builder_column type=”1_1″ background_position=”left top” background_color=”” border_size=”” border_color=”” border_style=”solid” spacing=”yes” background_image=”” background_repeat=”no-repeat” padding=”” margin_top=”0px” margin_bottom=”0px” class=”” id=”” animation_type=”” animation_speed=”0.3″ animation_direction=”left” hide_on_mobile=”no” center_content=”no” min_height=”none”][country music radio patrons], with a few exceptions. One noteworthy exception is how the industry overestimates the importance of radio relative to other devices. The industry believes [country music radio patrons], , if forced to choose only one electronic or entertainment device, would choose AM/FM radio as the most important device. In fact, radio ranks a distant third behind Internet-connected portable computers and smartphones. This underscores how critical it is for Country radio and Country music to have a significant Internet and mobile media presence.

Another misconception by the industry professionals is that the overwhelming majority of country music radio patrons wake up to a clock radio:  in reality, country music radio patrons are just as likely to wake up to a smartphone, suggesting radio is already engaged in a battle for the nightstand.  This has tremendous implications for morning radio listening and immediately suggests an opportunity for country radio to possibly preserve its wake-up utility by adapting to this phenomenon and creating wake-up apps that allow listeners to continue waking up to their favorite country stations through their smartphones.  The study further reveals how the content country radio stations and country music artists post on Facebook and share on their websites is somewhat out of synch with the needs and desires of country music radio patrons . This suggests the industry is missing an opportunity and not fully capitalizing on the potential of these tools.

The industry also has a few misperceptions about Pandora streaming Internet radio as well. More than one-third of country music radio patrons have used Pandora and they have been using it for a longer period of time and more frequently than the industry believes.  A key finding is that country music radio patrons already using Pandora say they are highly “likely” to use it in the car as it becomes available there.  When Pandora exists side-by-side with AM/FM radio on the dashboard, current Pandora users are almost equally as likely to prefer Pandora as AM/FM radio, with 25% undecided.  This forecasts a looming challenge to country radio from Pandora for in-car listening, a place that has long been radio’s almost-exclusive domain.

Lastly, the industry greatly underestimates interest among country music radio patrons in apps that would allow them to listen to Country radio stations on their smartphones or tablet computers (iPad, etc.).

The study was nonetheless seen as encouraging news for country radio and the country music industry.   CRB Board member and Chair of the CMA Research Committee, Rusty Walker, said

I was extremely excited about the research data presented at CRS this year. As a result of the study’s innovative approach and its thorough questionnaire process, the findings by Coleman Insights will help all facets of the Country Music industry in better serving its customers, listeners and fans.

Perhaps the most encouraging aspect the study revealed was that, despite the explosion of new media and new technology, country radio is overwhelmingly perceived as the medium that most “connects” consumers to country music by its fans.

Coleman Insights President and COO Warren Kurtzman

This year’s study confirmed that the overall perception of Country Music by its core consumers was extremely positive, and the general health of Country radio is still strong.  Listeners are continuing to find new means of consuming Country Music through emerging technologies, but this study seems to indicate they are not undermining Country radio’s connection with its listeners.

Findings from the study were presented March 3 at the CRB research panel during CRS 2011.  Coleman Insights VPs Chris Ackerman and Sam Milkman presented the data, and CMA Market Research Director Greg Fuson announced the study as a piece of CMA’s continuing research to help identify and define the Country Music consumer.

For more information about the 2011 CRB Country Radio P1 listener research study, visit www.CRB.org or www.ColemanInsights.com[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

By Nathan Drake & Barry Neil Shrum

Warner Music Group’s (“WMG”) year-end financial reports for 2010 came as little surprise when you take into account two factors:  (1) the general economic downturn in the U.S. and (2) the continued piracy in the global music industry.  See the report on WMG’s website here.  WMG has been the third largest record company in the world since at least 2004, when Time Warner spun off its music-related components.    WMG’s stock was trading at $5.92 per share as of the date of this posting, 2/21/2011.

Although WMG posted positive revenue returns in the third and fourth quarter of 2010, WMG claims that total revenue in 2010 decreased sharply as compared to 2008 and 2009.  This represents the eighth straight quarter that WMG has posted decreased earnings, a trend that is concerning to many in the music industry.  To wit, the demise of EMI Music – currently No. 4 in the music world – as it crumbles under the weight of its massive debt, is a poignant lesson to WMG – and to Universal Music Group and Sony BMG (Nos. 1 and 2 respectively) – that no  music conglomerate  is immune to hardships and winds of change currently facing the music industry.  The wide moat of physical sales that once protected the record labels’ castle from ultimate destitution now fails to provide a comfortable defense.WMG Downturn2

imageAs a result, a new kind of business model has emerged on Music Row and throughout the music industry, and this business does include “traditional model” involving radio marketing or “physical distribution/sales.”.  Rather, ingenuity and innovation include the most pertinent qualities of this business model.  See my post, New Formula for the Music Industry. And though the “major record labels” while may be slow to adapt, revenue losses like those reported by WMG, is quickly teaching the behemoths that transformation is essential if they want to stay afloat and competitive in today’s music market.  There are constant rumors afoot in Nashville that several of the major labels are shifting away from the traditional type deals toward more reasonable, tech-savvy and partnership-based approaches that fit the model better.

According to WMG’s reports, released on February 8, 2011, revenue totaled $789 million for the fourth quarter of 2010.  Even though it reported positive cash flow for the fourth quarter, the reported revenue represents a 14% decline from the 4Q 2009.  The impact of this comparative decline becomes clearer when you compare the reported digital revenues for WMG for the same periods.  Digital revenue for 4Q 2010 accounted for a staggering 25% of the total revenue, or $187 million.  This total represents an increase from the $184 million in digital revenue reported 4Q 2009.  Thus, it is obvious that digital revenue continues to be an integral, and fast growing, aspect of the business model for record labels.

The growth in digital revenue and the effect it has had on WMG’s revenue stream is also highlighted in the international sales posted by the company for 2010.  While domestic recorded music digital revenue declined 3% in 2010, international recorded music digital revenue grew 12.3% during the same year.  International digital purchases of recorded music accounted for 19.7% of total revenue in 4Q 2010, increasing from the previous year’s quarterly earning of of 14.6% in the same sector. WMG’s figures show that marketing internationally provide great opportunities for augmentation, at least for the time being.

emi460The impact of these trends in the music business on the future business model of WMG is also evident from the report for those willing to consider them.  First, the news reported by WMG that it is hiring Goldman Sachs to investigate and explore the potential sell of the company offers tremendous insight.  WMG has also proposed the option of selling only portions of the company in an effort to alleviate the debt and mere size of the company.  Going in totally the opposite directino, a third proposed option in consideration is that WMG would acquire its struggling little sister, EMI Music.   According to 2009 Nielson SoundScan® sales figures for each of the major conglomerates, the acquisition of EMI would position WMG as the largest record label in the music industry, with 32.72% of the U.S. market share, leapfrogging both UMG and Sony BMG to take the crown.

As noted earlier, EMI is the fourth largest music conglomerate, representing some of the largest acts in music today, including Katie Parry, Coldplay and Radiohead.   Despite its stable of well-known artists, Terra Firma, EMI’s current owner, has been treading water for almost a year now to to repay CitiGroup, from whom it borrowed millions to acquire EMI a mere 2 ½ years ago.  But as the repayment prospects for EMI are beginning to dim, as they reported massive losses of nearly $2.5 billion last year.  So, while things may look gloomy for EMI, Warner Brothers views EMI’s plight as an opportunity to expand its catalog and artist repertoire.  An opportunity of this magnitude is rare; therefore, acquiring EMI yields the potential for Warner Brothers to transform itself into a more profitable and diverse music industry conglomerate.  I’m sure EMI hopes the third time is the charm here.

So, the music industry continues to morph and adapt into something that will not resemble the traditional “record label” models of the past.  Gone are the days when such conglomerates are the only ones who will be able to produce multi-platinum superstar artists, sold through radio marketing and mass retail distribution on which they have a stronghold.  The days of the Internet revolution are upon us and the industry is starting to see its effects.  This drama will continue to play out over the course of the next few years.

NathanMy co-author, Nathan Drake is a senior at Belmont University from Northville, Michigan who graduates in May with a degree in Music Business from the Mike Curb School of Music Business. Nathan currently clerks for Mr. Barry Neil Shrum, Esquire at Shrum & Associates in Nashville, Tennessee. He plans on pursuing a law degree after graduation.  Nathan is author of his own blog entitled “My Thoughts.”

Further Reading & References:

http://thedailyswarm.com/headlines/warners-planning-buy-emi/

http://www.wmg.com/newsdetails/id/8a0af8122de5d32c012e028916cb03a6

http://finance.yahoo.com/q/is?s=WMG

http://www.time.com/time/business/article/0,8599,1962165,00.html

http://thedailyswarm.com/headlines/warners-planning-buy-emi/

http://ws.amazon.com/widgets/q?ServiceVersion=20070822&MarketPlace=US&ID=V20070822%2FUS%2Flaonthro-20%2F8014%2F702aa743-1b79-434f-a7b1-502e5a5e211c&Operation=GetDisplayTemplate Amazon.com Widgets[/fusion_builder_column][/fusion_builder_row][/fusion_builder_container]

(Nashville, Tenn. – Feb. 1, 2011)  Thanks to a uniquely talented roster of writers and artists, Nashville-based publishing and artist development firm Identical Entertainment is making quite a name for itself in the music and entertainment industry.
Founded in 2008 by twin sisters Kathy Aberson and Sheila Bauer, the multi-faceted enterprise has benefited in recent months from a variety of song placement opportunities in music and television.  With a current staff of five writers and two artists, the company focuses primarily on songwriting and publishing, but also houses an artist development branch that is continually on the search for new talent.
“The motivation behind Identical Entertainment was to create a company that can recruit great writers and artists, develop them, cut some songs and then help facilitate their career by playing to their strengths,” says Identical Entertainment President Sheila Bauer.  “Everyone here is passionate about the same thing – music.  We’ve been so fortunate to find incredibly talented people to work with, and we’re all excited to see what that passion holds for us in the future.”
Identical Entertainment staff writer Deanna Harper is one of the writers behind the Pop song and YouTube sensation, “Justin Bieber’s Girlfriend.”  Performed by 14-year-old Michaela Wallace, the song has garnered nearly 1 million views in less than three months on YouTube alone.  In 2010, Harper enjoyed success with her song, “Feel You,” which was selected and performed as the official wedding song for the nationally televised Bachelor/Bachelorette wedding between Jesse Csincsak and Ann Leuders.

Canadian singer Jess Moskaluke released her debut single, “Amen Hallelujah,” after signing an artist and publishing deal with Identical Entertainment in June 2010.  Written by staff writer Tiffany Vartanyan, the song grabbed the attention of noted indie artist promoter Tyler Ward, who selected Moskaluke as his featured “Artist To Watch” in November 2010.  “Amen Hallelujah” has already received more than 300,000 hits on Ward’s YouTube channel and has charted on Canadian radio.  Moskaluke’s follow-up, “Catch Me If You Can,” was released through Ward’s site on Jan. 29.
Tonja Rose
, one of the company’s hybrid staff writer/artists, is releasing her debut single to Country radio in February, titled “Where Would Your Heart Be.”   Written by fellow Identical Entertainment writers Deanna Harper and Greg Johnson and released through Nine North Records, “Where Would Your Heart Be” is Rose’s first single from her album, The Heart of Me.
The Identical Entertainment staff is anchored by President Sheila Bauer and CEO Kathy Aberson.  Director of Operations Lindsey Tatham Brown joined the company in 2008.  Reach Identical Entertainment at (615) 530-2643 or [email protected].  Direct mail to: Identical Entertainment, LLC, P.O. Box 120206, Nashville, TN, 37212-0206.
For more information, visit www.IdenticalEnt.com.

The U. S. District Court for the Southern District of New York ruled against LimeWire and its parent company, Lime Group, finding them liable for inducement of copyright infringement based on the use of their service by subscribers.

U.S. District Judge Kimba Wood issued the 59-page decision Wednesday, siding with the 13 record companies that sued Lime Wire LLC and founder and Chairman Mark Gorton through the RIAA claiming copyright infringement and unfair competition.lime_220x147

In finding the company liable, Wood opined that LimeWire had optimized its application to “ensure that users can download digital recordings, the majority of which are protected by copyright,” and that the company actively “assists users in committing infringement.”  Wood also found that the defendants knew their technology was being used to download copyrighted tunes and took no “meaningful steps” to prevent the infringement. In addition, Lime Wire marketed its software to people “predisposed to committing infringement” and assisted those people, the judge ruled.

Major labels, as represented by the RIAA, were predictably thrilled with the outcome.  “This definitive ruling is an extraordinary victory for the entire creative community.  The court made clear that LimeWire was liable for inducing widespread copyright theft,” RIAA chairman and CEO Mitch Bainwol relayed.

Lime Wire Chief Executive George Searle issued a statement saying the company “strongly opposed the court’s recent decision.”  The statement continued:

“Lime Wire remains committed to developing innovative products and services for the end-user and to working with the entire music industry, including the major labels, to achieve this mission,” Searle said.

Searle did not say whether Limewire would appeal the ruling.

The Recording Industry Association of America proclaimed the decision was “an important milestone” in the battle against online copyright infringement, because Gorton was found personally liable, in addition to the company of which mitch-bainwol-riaa he was the chairman.  Personal liability against a corporate director is rare.

“The court has sent a clear signal to those who think they can devise and profit from a piracy scheme that will escape accountability,” Mitch Bainwol, chairman and chief executive of the RIAA, said in a statement.

LimeWire, launched in 2000, is one of the largest remaining commercial peer-to-peer services left on the Web. The company claims to have more than 50 million monthly users.  The company has managed to defend itself against major label legal action for years.

In issuing her opinion, Wood relied heavily on the 2005 Grokster ruling, in which the Supreme Court said that a file-sharing service was liable when customers were induced to use it for swapping songs and movies illegally.  The test established by the Supreme Court in MGM v. Grokster for provider liability is whether the company actively induced users to commit infringing activities.  While LimeWire argued that it did not, Judge Wood noted that the company actively  “markets LimeWire to users predisposed to committing infringement.”

The record companies that sued Lime Wire included Arista, Atlantic, BMG Music, Capital, Elektra, Interscope, LaFace, Motown, Priority, Sony BMG, UMG, Virgin and Warner Brothers.

What songwriters can do to protect their ideas when submitting demo tapes to publishers

Every songwriter has heard the words “sorry, we’re not accepting unsolicited material” from at least a dozen publishers. In fact, in a recent informal survey conducted by Law On the Row, two-thirds of the thirty publishing companies contacted indicated that they do not accept unsolicited material. Additionally, the survey revealed that none of the “major” publishers accept unsolicited material.

As unfortunate as this information is for the aspiring songwriter, it is a good business model for the publisher because it avoids idle submission claims — the theory that a publisher “stole” an idea from a songwriter’s demo tape and used it to write another song based on the same idea or concept. This genre of litigation is also prevalent in Hollywood, where movie ideas are stolen almost as often as hooks in Nashville. Is there anything a songwriter can do to protect his or her material when submitting it to a publisher? The answer, of course, is yes.

Register the copyright. While the $30 fee is sometimes a burden on the struggling songwriter’s budget, registration of the copyright is a beneficial and necessary first step in the process of protecting a copyright. Even though the copyright effectively exists from the moment a song is created, registering the copyright empowers the writer to collect statutory damages (i.e. proof of actual damages is not necessary) and attorney’s fees in a submission claim.

Keep good records of all submissions. The first element a songwriter must show in an idea submission claim is access by the defendant publisher (hence the reason many publishers do not accept unsolicited material). You can establish access by maintaining accurate business records of communications and submissions. (The second element, substantial similarity, is a more subjective determination which must be proven by expert testimony).

Establish a relationship with a reputable publisher. By establishing a good, working relationship with a reputable publisher, you minimize your risks and increase your chance of success as a songwriter. Of course, this is the “catch 22”: how to establish a relationship with a publisher without submitting material.Exposure, exposure, and more exposure. Play or have your material played at every opportunity you can — showcases, writer’s nights, gigs, etc. Don’t play your best material — play your “B” songs, i.e, those that are good but don’t necessarily “knock your socks off.” This is not to imply that every audience is full of infringers waiting to take your hook into the studio and “steal your song,” but the fact is that the typical Nashville audience is probably full of other songwriters whose subconscious minds might “soak up” your idea and regurgitate it in the form of a new song incorporating your idea.

Hire a reputable song-plugger. Nashville has a generous supply of good song-pluggers — people who pitch your songs to major labels for a fee, usually $150-300 per month. Find one with a good reputation and hire him or her. Remember to have all agreements reviewed by an entertainment attorney.Join NSAI. Nashville Songwriters Association International is a good organization with services that will assist you in developing as a songwriter and reaching reputable publishers.

Of course, none of these suggestions will guarantee that your submitted material will not be used illegally by a publisher or songwriter. If you feel you have been the subject of blatant theft of intellectual property, contact a reputable attorney.

This article originally appeared in the print edition of Law on the Row, Volume 1, Issue 1, on September 9, 1999.

Link to Politico Interview

As a follow up to my previous post on the subject, the radio widget above should play Politico’s interview with Smashing Pumpkin’s founder and frontman Billy Corgan following his testimony in front of the House Judiciary Committee in support of HR 848, the Performance Rights Act.

Corgan testified on Capitol Hill on behalf of the musicFIRST Coalition yesterday.  Corgan testified that the current sytems is “hurting the music business” because of radio stations’ failure to compensate musicians for performing their music.

My readers know my thoughts on this subject.  While I agree with Corgan’s overall sentiment, I stand by my emphasis yesterday that the legislation as it is written may be drafted in favor of the record labels more so than the performing artists. 

HR 848 should have a provision that provides for direct payment of royalties to the artists who performed on the sound recording and which specifically does NOT rely on the record labels to distribute these royalties “in accordance with the terms of the artist’s contract.”  (See my previous post).  This kind of language contained in the House version of the legislation at Section 6 only assures that the record labels would receive all the performance royalties and that performing artists would have to overcome numerous obstacles to ever see any of the additional income, inevitably leading to more disputes with the record label.   The current artists agreements with record labels simply do not contain provisions addressing payment of these types of royalties and, even if they did, the artists who have unrecouped balances on their ledger sheets would never see a dime. 

My proposal is that the current system for collection and distribution of performance royalties for musical compositions be utilized.  Specifically, why not allow BMI, SESAC and ASCAP to collect and distribute the performance royalties for sound recording copyrights on behalf of member artists, allowing these organizations to pay 50% of the income directly to the artists (the original owners of the sound recordings) and 50% to the record labels (the assignee owners of the sound recordings).  This structure is identical to the distribution of performance royalties for owners of the musical composition copyright.  It’s a systems that has functioned well since the turn of the 20th century and it is a systems that, overall, works fairly well. 

In general, members of the performance rights organizations have fewer royalty disputes with these entities over  than artists do with record labels, since these entities, for the most part, do not function as profit generators.  There is no doubt that this idea has some flaws as well, but in comparing the alternative, it seems to me that this would benefit the artists and musicians much more than giving the money to the record labels.

When big events like the Country Radio Seminar occur, Music Row begins to buzz with various activities and talk about the celebrities.  The Country Radio Seminar is an annual convention designed to educate and promote the exchange of ideas in the country music industry.  This year marks the event’s 40th anniversary and it promises to be another great year for attendance.

Among the buzz this year is Gerry House’s induction into the CountrGerry House y Music DJ Hall of Fame.  House is without a doubt one of the most well known country radio personalities of all time and has been honored many times during his long career as a spinner of vinyl (and now polycarbonate, or make that digits!).  He began that career in the small Tennessee town of Maryville at WBCR.  In 1975, he stared at WSIX-AM in Nashville then moved over to the FM side in the early ’80s.  In 1985, he moved his show to the granddaddy of Country Music Radio, WSM and then to KLAC in Los Angeles.  Ultimately, as life often does, he came almost full circle returning to WSIX-FM.  In 2008, the Gerry House and the House Foundation morning show on WSIX won “Personality of the Year” awards from the Country Music Association, the Academy of Country Music and Radio & Records.  House also received the National Association of Broadcasters’ Marconi Award and Leadership Music’s Dale Franklin Award. Also an accomplished songwriter, House wrote “The Big One” (George Strait), “Little Rock” (Reba McEntire) and “On The Side Of Angels” (LeAnn Rimes).   House is joined by the induction Cleveland Ohio’s Chuck Collier, a 30-year veteran of country music radio.  On the programming side of the equation, Bob McKay and Moon Mullins are the Country Music Radio Hall of Fame inductees.   Merle Haggard will receive the Career Achievement Award and Shelia Shipley Biddy will be presented the President’s Award.

The Country Music DJ and Radio Hall of Fame events unofficially mark the beginning of CRS each year.  The Hall of Fame Cocktail Party begins at 5:30 p.m. Tuesday evening. The Dinner and Induction Ceremony follows at 6 p.m.   The remainder of scheduled events for CRS are as follows:

Wednesday, March 4

Wednesday’s events kick off at 9 a.m. with the Opening Ceremonies and Award Presentation.  The keynote address, delivered by marketing expert Seth Godin, will follow at 10 a.m. in the Performance Hall, with the Sylvia Hutton Motivational Speaker/Life Coach panel at 11:15 a.m.  This year’s speaker will be former No. 1 country artist-turn motivational coach Sylvia Hutton.

New label Golden Music will sponsor Wednesday’s luncheon, featuring performances by Benton Blount and Williams Riley.  The previously scheduled morning Artist Radio Taping Session (sponsored by SESAC) will now be combined with the afternoon A.R.T.S. panel.  As a result, the afternoon session will be extended by one hour (2:30 p.m. – 4:50 p.m.).

Performers at ASCAP’s KCRS Live! will include artists and songwriters Jimmy Wayne, Kelley Lovelace, Ashley Gorley and Jonathan Singleton.  The popular Music City JamTM (7:30 p.m. – 9:30 p.m. in the Performance Hall) will be hosted this year by Tim McGraw and sponsored by the Academy of Country Music. 

Additionally, two educational panels will be featured Wednesday afternoon: “Country Radio As Seen Through The PPM Lens,” sponsored by Arbitron, and “Back to the Future: 1969-2049.”

Thursday, March 5:

Designated as Music Industry Town Meeting Day, single day registration for Thursday’s activities may be purchased on-site for $265.  The day’s agenda includes the return of the Tech Track and Small Market Track panels.  Tech Track panels include “Spinning a Web” and “40 New Media Ideas.”  Small Market panels include “Come Hell or High Water: Disaster Preparedness,” “You’re a PD, Now What?” and “Champagne Production on a Beer Budget.”  Sixteen panels will be offered in all during the day between 9 a.m. and 4 p.m.

Thursday’s events begin at 9 a.m. with The Country Music Association revealing the results of its 2008 Country Music Consumer Segmentation Study, conducted by Leo Burnett Co. and Starcom MediaVest Group.  Sony Music Nashville’s luncheon (noon – 1:50 p.m.) will feature performances by Miranda Lambert and Jake Owen.  At 4:10 p.m. Bobby Pinson, PauMiranda Lambert l Overstreet, Josh Turner and Jamey Johnson will perform during WCRS Live! (sponsored by BMI and Country Aircheck).

Friday, March 6:
Friday is Radio Sales Day.  Single day registration, including entrance to the New Faces of Country Music Show®, is available for $370 on-site.  Friday’s events will kick-off with the Managers’ Breakfast at 8 a.m., followed by CRS-40’s second research study, which will present findings from the Edison Research / CRB National Country P1 Study 2009 at 10 a.m. 

Panels during the day will focus on important topics that affect the Country Radio format, such as consumer habits, promotional and research ideas, voicetracking and tools to increase sales.  Prominent sales panels include “20 Ideas Even a PD Would Love,” “PPM!  Selling the Country Format,” “What’s NTR Got To Do With It?” “Creative Closing” and “A Car Dealer Tells All About Advertising.”  More than a dozen panels will be offered during Friday’s activities.

Friday’s luncheon, sponsored by Capitol Nashville, will feature performances from Darius Rucker and Little Big Town.  Also during lunch, Operation Troop Aid, a non-profit charity organization, will send 500 care packages from CRS-40 to deployed U.S. troops.  Packages will contain phone cards, MP3s, beef jerky, trail mix, hand wipes, hand sanitizer, cookies, candy, granola bars, toiletry items and thank you letters.  At 4:10 p.m., Barbara Mandrell will interview Kix Brooks during the Life of a Legend series.

One of Country Radio Seminar’s most popular events, The New Faces of Country Music Show and Dinner (sponsored by R&R and CMA) starts at 6:30 p.m. with performances from Lady Antebellum, James Otto, Kellie Pickler, Chuck Wicks and The Zac Brown Band.  CRS-40 will then Julianne Hough officially close with the unique 40th Anniversary Jam: A Musical Thanks to Radio, to be held at Cadillac Ranch and sponsored by DigitalRodeo.com.  Artists will cover their favorite radio hits from the last 40 years, featuring performances by Emerson Drive, Andy Griggs, Julianne Hough, Jamie O’Neal, James Otto, Blake Shelton, Jimmy Wayne, Chuck Wicks, Mark Wills and Darryl Worley, among others.

A new CRS documentary can be seen during the three-day seminar at the Renaissance and Hilton hotels in downtown Nashville.  The film, produced by Art Vuolo and titled WCRS-TV, chronicles various CRS highlights over the last 21 years.

CRS-40 will be held March 4-6, 2009 at the Nashville Convention Center in Nashville, Tenn. 

About CRB:
Detailed seminar information and a full agenda can be found online at www.CRB.org.  On-site registration is still available for $699 and may be purchased at the Convention Center.  The Country Radio Broadcasters, Inc.®, the event sponsor, is a 501(c)3 non-profit organization founded in 1969 to bring radio broadcasters from around the world together with the Country Music Industry to ensure vitality and promote growth in the Country Radio format. 

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Kris Kristofferson and Fred Foster once penned one of my favorite lyrics in the song Me and Bobby McGee, i.e., “freedom’s just another word for nothing left to lose.”  The sentiment is perhaps appropriate for the ongoing war that is being waged against copyright laws as we know them.  The latest battle in this war was fired by the esteemed Lawrence Lessig, famous lawyer and copyright scholar, in his new book Remix: Making Art & Commerce Thrive in the Hybrid Economy.  If Lessig has his way, the songwriter and music publisher will, indeed, have nothing left to lose.

Remix Lawrence Lessig The main goal of the book is the demolishment of existing copyright laws, which Lessig has described as Byzantine.  He believes our current copyright laws are futile, costly and culturally stifling. The “hybrid economy” is described by Lessig as one in which a “sharing economy” coexists with a “commercial economy.”  See this very humorous interview by Stephen Colbert.  He gives examples such as YouTube, Flikr and Wikipedia, which rely on user-generated “remixes” of information, images and sound to illustrate his point.  This “hybrid economy,” in Lessig-speak, is identical to what he calls a “Read/Write (RW)” culture — as opposed to “Read/Only (RO)” — i.e., a culture in which consumers are allowed to “create art as readily as they consume it.”  Thus, the “remix” to which he refers is the concept of taking another persons copyrighted work and “making something new” or “building on top of it.”  This is what us less-published copyright lawyers like to refer to as a derivative work!  And that is the crux of Lessig’s problem:  the copyright law DOES in fact make provision for this type of creative endeavor, provided that the creator of the derivative work gains the permission of the copyright owner.  This is that with which Lessig seeks to do away.

In the Colbert interview, Lessig drolly points out that 70% of our kids are sharing files illegally and that the “outdated” copyright laws are “turning them in to criminals.”  This reminds me just a bit of what my Daddy used to tell me: just because everybody’s doing it doesn’t make it right!   Or, as Colbert blithely responded, “isn’t that like saying arson laws are turning our kids into arsonists?”  The obvious conclusion is that perhaps the law is simply not the problem.

Colbert then comically crosses out Lessig’s name on the cover of his his advance copy of Lessig’s book, draws a picture of Snoopy inside, and then questions Lessig as to whether the book was now his (Colber’t’s) work of art, to which Lessig says “that’s great,” we “jointly” own the copyright.  That’s a point to which Lessig’s publisher, Penguin Press, would surely not acquiesce.  In the final retort to Lessig, Colbert makes the point that he likes the current system, and I quote, “the system works for me.”  I might add that the system seems to be working extremely well for Lawrence Lessig as well.  Lessig is making a fortune exploiting the very system he criticizes as antiquated – the very essence of free speech, I suppose, but in the final analysis, a bit disingenuous.

While I do admire Professor Lessig for working toward a solution to a perceived problem, it’s very difficult to believe that tearing down the entire system of copyright laws in order to accommodate a large percentage of prepubescent teenagers who are too cheap to pay for their music is the appropriately measured response we need in this instance.   Call me crazy.

Here are several good critiques of Lessig’s work and ideas here for further exploration of this issue:

The Future of Copyright, by Lawrence B. Solum (download PDF from this page)

Lessig’s call for a “simple blanket license” in Remix, by Adam Thierer

Copyright in the Digital Age, by Mark A. Fischer

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