Answer:

This shall not be deemed to be legal or financial advice within the meaning of any law at present or in the future ... in any country.


Krisha

You are 'A' typical of almost every music maker/songwriter who gets involved in making commercial music....

The golden rule is that ALL agreements MUST be signed before you switch the studio lights on ... and the whole deal has to be sold before you switch the studio lights on as well ..... would EMI allow you to record for them without a contract?

To quote a very ancient maxim: "You are attempting to bolt the gate after the horse has bolted" .... very difficult but you have one small item on your side as you will see later:

<<<<<<<<I have set up my OWN Record label, which means nothing but funding everything myself and set up my own Publish company.>>>>>

You have to apply to MCPS for a license to duplicate .... no reputable company will duplicate without sight of the license. Best duplicate prices are usually through Sony in Switzerland. The application will require title, whether talking, singing or pure music ... the length of each track and the writers and percentages, plus publishing company.

Do not attempt to have an amateur do the art work .... it has to be to rigid professional size and quality .... a picture is always the best front cover.

Every song has to have an assignment contract with your publishing company .... signed by all co-writers and the percentages agreed and encapsulated in the agreement .... 50% to the Publishing Company and the other 50% split in the agreed ratio between the writers.

You have to advise PRS of each track, with copy assignment agreements, release date, Catalogue number and label details.

PPL and VPL

You have to advise PPL and VPL of your involvement in each track ... principal artist, hired artist, contracted artist. You are not obliged to advise them of anyone else's involvement ... that is their responsibility. You will then be payed for every play of the recording, anywhere in public.

<<<<<<<working with a producer and I have written the all the songs and co produce the music with him>>>>>>>>>>>

If you have co written then you should have agreed the spilt before you ever put pen to paper. He HAS to agree a percentage of the WRITING [not the publishing] and sign the assignment forms. Do not be generous! I would guess that 90% of the writing was yours? The song, by the way, is deemed to be the words and the chord structure as written on a piece of music manuscript paper ... nothing to do with the computer programming. That is the 'arrangement' and traditionally is paid for.

<<<<<<<I have a Record label so I know there is a cut there? I am the singer/songwriter so I know there is a cut there?>>>>>>>>

It does not matter who owns the record company .... you treat it as if you had a contract with EMI. EMI would offer you 12% - 15% of mechanicals [sale price] for a first release.

If you are the principal singer then the contract for that percentage would be between you and EMI ..... no one else involved. Because you own the masters then you may be able to negotiate a slightly higher percentage. In your case you are negotiating with your own Record Label. You should issue a contract to yourself as the artist. This is good business practice and sets you up for signing up other singers etc.

<<<<<<< I own the Publishing company I also know there is a cut there?>>>>>>>>

I have explained that above .... PRS/MCPS Alliance will send you the royalties from the original MCPS license to manufacture [duplicate] as the writer and separately as the Publisher. They will then send you a statement every three/six months with the royalties earned from each performance of any of the songs .... TV, Radio, Club, Pub etc. whether that be the record or a live performance. PRS pay for the performance of the 'song' ... no matter how it is presented.

<<<<<<<< but I paid him for his work on making the track but we co-produce it, what cut do you THINK is fair to offer and should I go to Music lawyer to get it written up?>>>>>>>>

If you paid him then YOU own the product .... he has no entitlement to any percentage for producing. I would think you are mixing up producing with programming ... two different things. If you had not paid him and agreed a percentage up front then he would be paid a percentage of the mechanicals [money from sales] This is usually 2%-5% ... and mostly is paid by the record company. But he has been paid already so he has no charge on you whatsoever. Whether he understood that or not is irrelevant ... that is the law. Whoever pays for an item owns it ... a simple fact of law.

<<<<<<<should I go to Music lawyer to get it written up?>>>>>>>>

A lawyer will charge you approx. £2,000 for each contract ... whereas ALL the contracts that you need are in 'How To Start Your Own Publishing Company For Less Than £100'. If you have not bought that - you are mad! http://www.makehits.com/products090707.html 


Regards

DEC [Cluskey]
mailto:dec@makehits.com

The best guitar recording manual known to man = 'So you're Thinking of Recording Guitar?' .... go to www.makehits.com/recordingguitar.htm
https://secure.mistral.co.uk/makehits/swgappsecure.htm or fast cred*it card line: +44 1323.728005 or UK 01323.728005

Answer:

Ian

There is no one way of developing a reputation such that you will be hired for sessions quickly. The last thing you want to do is waste money on mailing jiffy bags .... How quickly people forget 9/11? No one opens unsolicited jiffy bags.

Session playing is a strange art ....

1) You may be hired as a dedicated, screaming rock guitarist specializing is melodic solos.
2) You may be hired as an acoustic player in a melodic playing situation or rhythm or even an R&B situation where you play a repetitive phrase which they will sample, clean up to perfect time and drop it into the track.
3) You may be hired as an all round guitarist where you will need every conceivable piece of 'today' equipment ... Even down to Fernandes 'everlasting sustain' pick ups and even Midi controlled guitars [check out the equipment Matthew Bellamy of 'Muse' fame uses to get an idea]. This sort of session playing is extreme ... Think of the guitar player in the band for American Idol?
4) You may be asked to play, soprano guitar, tenor guitar, mandolin, ukulele, banjo, banjo uke?

So you see, with the demands that will be asked, no producer will hire an 'unknown quality'. I have hired guys, on recommendation, and ended up replacing the guitar myself [I am a tasty guitar player in all fields]. I have never had a guitar player in the studio that had me in awe. Good at what they do when playing live but not good enough for the demands of studio playing.

Perfect Reading is ESSENTIAL if you ever want to get near a Film Score recording session. They have a 'bravado' thing going on where none of the musicians turn over the music until the clock strikes the start time .... Think of the piano player who played the score for The Entertainer? [Scott Joplin piece]

The top guys not only read perfectly but perform the piece perfectly on the first run-through. Think about it again ... 50 musicians at how much each? The producer can't afford for a guitar player to let him down ... Oh by the way ... NEW strings every session...right? I mean that [except for classical gut string guitar ... That is a different idea altogether for strings]

So, the only way to get there is to prove yourself in EVERY way. Particularly looks .... Strangely enough. All the top guys have class and style in their dress, grooming, hair, nails, teeth .... Think about it again ... On screen during American Idol? Or in the orchestra for Il Divo tour?

You also have to be the consumate exciting performer .... The boring drummer who feels it's not cool to smile and entertain will always play in pubs! And wonder why! I know many!

So, Ian, you have to start by offering your services free ... Just like I set out in 'How To Make A $Million From Your Music' .... You have to prove that the public love you! It doesn't matter a jot that you are the greatest guitar player in the world. You have to be famous before you are famous.

By being the best entertaining, sh*t hot guitarist around, never getting in the way of the vocals, never over playing ....music guys will want to be around you ... In fact they will want YOU around them ... That is the start.

You also should always offer your services for any studio gig ... Mostly you won't get paid ... You may get a bottle of beer if you are lucky. Have a reputation for NEVER drinking on duty ... Being on time, set up, ready to go five minutes before required. Have a reputation for stunning, state of the art equipment [Marshall is ESSENTIAL ... No matter what Charlie down the pub says]

A Fender Strat or Telecaster ... Or both, is essential - as is a Les Paul electric ... Preferably new. Old guitars sound cr*p ... They have been shaken to pieces through the years and the pick ups are useless for today's work. A range of acoustic guitars [new] is good .... Last week recording 4 tracks - we used Martin Dreadnaught, Martin Sigma, Gibson and Hofner. A good acoustic with pick ups is essential [the Dreadnaught sounded stunning used that way for single string melodic work.] It is six weeks old. A rebuilt old Gretch or Guild can be unbelievable for a solo [Brian Adams - Everything I Do, I Do It For You]. Must be rebuilt though ....

Success in the studio is a gradual thing ... You will be asked to mime ... Simply be the best mimer around ... Accurate and having a fantastic camera grabbing performance style. A young friend of mine, Richard Joy, makes a fortune from miming drums ... He has a team of guys he can call on who will learn a CD precisely and accurately in a day ... They work with all the biggest International stars when they come to the UK for TV. They mime to a frightening standard. TV cameras two inches from their fingers.

Your networking is going to build your reputation ... Be the guy everybody recognizes ... An Armani suit is always remembered ... T shirt and jeans are not!.

A Versace Silk shirt and Diesel jeans can look the business ... Spanish designer shoes [best in the world] ... With a great tan and designer hair do. Would that get you the gig? You bet! The other guys will have 'week on' jeans, dirty T shirt and fingernails to match.... And the teeth? And a Body Odour problem to match.

Finally, and not a sales pitch, we have just released two stunning books: "So You Wanna Record Guitar" and "Mach 1 Guitar" ... Essential manuals for serious guitar players ... Check 'em out at http://www.makehits.com/products090707.html 

Regards .. I hope this helps. [or it may have frightened you to death?]

DEC [Cluskey]

mailto:dec@makehits.com

You don't know whether you music is getting better unless you have a demo consultation with Dec - the one the Pro's use: UK 01323.728005 [+44.1323.728005]

http://www.makehits.co.uk/demo.htm

Nukky

Well put together Email... so you obviously know what you are doing in communication..

I will certainly listen to the album: Dec Cluskey, Stanton Prior, Darley Road, Meads, Eastbourne BN20 7UH.

Just a few points that will lift a little of the wool from your eyes.

<<<<<<he has just finished an album which is really very good >>>>>>>

The industry is not interested in 'very good' ... they are only interested in mainstream hip hop/pop/R&B which will make shed loads of money for the record company and the Share holders. The concept of 'very good' does not exist.

However, you may have a 'quirky' product on your hands [Bjork, Kate Bush?] - or a classical Il Divo.

<<<<<<The music and lyrics are very English and very moving and original.>>>>>>>>>

Again a concept the industry is not interested in ... they simply want music to bop to. [unless it is quirky]

<<<<<<<I have no idea of how proceed in this modern age of easy copying of CDs and record companies evolving. It is different to when all one had to do supposedly was to find a publisher or agent or something like that in London>>>>>>>>

This is the worst thing you can say .... if you are involved in an industry you must study and know the business ... otherwise you will get no respect and certainly no attention.

Nothing has changed in the industry ... you can still find a publisher [you would be mad! you should publish the material yourself www.makehits.co.uk/publishing.htm ]. You can find an agent but unless the material is exactly what the public will buy you will get nowhere.

<<<<What I will say is that this album is unique and sounds like nobody else >>>>>>>

Again, the worst thing you can say ... you HAVE TO give an indication of the style, the voice, the looks, the age. "Sounds like James Blunt but with a distant Eastern influence - 24 years old with film star good looks ... with a database of 33,890"

You have to have the most expensive hit producer you can afford ... otherwise you will not get listened to. The music world is awash with 25 years too late self produced or cheaply produced rubbish ... tough words but true.


<<<you have nothing to lose >>>>>>>>>

I put in 16 hour days looking after members of my Serious Writers Guild in 48 countries! Nothing to lose? [grin!] Everyone in the industry is the same .... we have time to lose and that is valuable.

<<<<<<<the album is quite varied >>>>>>>>

That would worry me as, if the project is 'quirky' it has to be themed ... all in the same feel .... otherwise it sounds like the artist is 'desperately looking for a direction'.

<<<<<<<I am desperately lost and don't want to study about what to do>>>>>>>

????????? An amazing statement. You want to be a brain surgeon but you don't want to go to medical school?

I get the feeling you want to make a quick buck for no work whatever, just hearing an album in a far off land?

Nukky, you have to learn this business to get any action whatever.

Regards

DEC [Cluskey]
mailto:dec@makehits.com

The best guitar recording manual known to man = 'So you're Thinking of Recording Guitar?' .... go to www.makehits.com/recordingguitar.htm
https://secure.mistral.co.uk/makehits/swgappsecure.htm or fast cred*it card line: +44 1323.728005 or UK 01323.728005

Vicky

The real answer to your question is 'exactly zero'....... unless............

The song has to sell to make any money. Most newcomers to the money side of our business totally forget that fact.

Similar to a recording contract ... as Simon Cowell said "The contract is only the start of a very long road".

The cold facts are that any publisher will offer any writer a contract....BUT.............

The value of your worth as a writer can only be judged by:

1) the amount of advance money ... bearing in mind that advance money HAS to be paid back from the initial monies earned. So, in fact, you do not earn any money until the advance is paid back in total. The advance is meant as subsidence while you are not earning money and writing like mad.

2) The amount of 'signing fee'. This is when you really know that the Publishing Company realize your true value. The signing fee is non-recoupable. You do not have to pay it back ... it is simply a sign of your worth in the marketplace.

The way to success on the financial side is to have your own Publishing Company. This will ensure that you get 100% of the royalties and not the standard 50% which any publisher will offer.

In operating your own company, you quickly realize that you have to write commercial money making tracks to keep alive! Signing with a company usually means the writer sits back and expects the Publisher to do all the work ... in fact, they will usually do nothing. Modern day Publishing Companies exist simply to pick up the royalties on successful records ... usually the records of the writers they have signed up.

I would be fascinated to know how much the company you propose signing with are paying you?

Regards

DEC [Cluskey]
mailto:dec@makehits.com

Just released:- "57 Secrets of a Hit Record" ... - 260 pages of the Secrets plus the CDrom Analysis Software and Audio CD to ensure that your music is a Potential Hit www.makehits.com/57Secrets.htm
or call UK 01323.728005 [+44.1323.728005]

 

Do you still have information regarding starting a Publishing Company? I suspect that would also be a good idea?  Question (6) Hi Dec, I wondered if you could help. I am looking at releasing dance material (commercial disco house, elektro house, funky house etc..) that I have written (music/lyrics), using session singers I know. This would be done on my own Label Imprint and obviously through downloads also. Do you have any  ideas regarding a contract I could use for this kind of thing. Obviously, a singer can recoup something through  the PPL system, but would it be best to arrange for a 50/50 split through the Label Imprint (is that too much?) or would you suggest some sort of "buyout", my main concern is that I don't have much money, so I'm looking for the easiest and cheapest route! My next question would also be, is there somewhere one can get a simple contract like this rather than paying a Lawyer "silly" monies! Lastly, do you still have information regarding starting a Publishing Company? I suspect that would also be a good idea! Many thanks  Bob

  

Bob   [this shall not be deemed legal or accounting advice within the meaning of any law at present or in the future]

<<<<<my main concern is that I don't have much money, >>>>>> 

And how many times have I heard that from music guys? [grin!] You have had 'How to Make A $Million From Your Music' ... so you should, if you have followed what I said, be making serious money!

Almost all disco/house etc. music is low cost/low sale stuff... in other words, modestly produced [although to an extremely high standard] ... it is usually licensed to companies who deal with this stuff .... the deals are usually dismal. In other words, again, the wild stories you hear af a friend of a friend of a third cousin getting £30,000 for each track in Germany are the stuff of fantasy.

In rare cases [Freemasons, for instance] you can get a good reputation for remixes and cash in by charging per remix .... but again, a difficult game to get into, and the remix fees aren't as huge as are thought!

A licensing deal is usually an advance plus a percentage of 10%-25% depending on your reputation and the sellability of the product. Don't hold your breath for the royalties [you probably will not get any] ... so the logic is to get the best advance you can. However, that advance will be tiny towards what you think you can get. All the negotiation skills are covered in 'How To Make A $Million'.

It is ESSENTIAL to be business like and keep accurate files of all contracts, letters, Emails, contacts etc. You WILL be ripped off as this end of the market is full of villains. But if you are business like you can beat them at their own game ... My band had 5 bootleg albums released in one month ... that takes a lot of work to check and collect .... I have just brought another back from overseas! 

<<<<<<<Do you have any ideas regarding a contract I could use for this kind of thing>>>>>>>

All the contracts necessary for this sort of operation are in 'How To Start Your Own Publishing Company for Less Than £100" at www.makehits.co.uk/publishing.htm ... or call 01323.728005 in office hours.

<<<<<Obviously, a singer can recoup something through the PPL system>>>>>>>

In theory, yes, but I don't know one who is business like enough to do that! And it is not up to you to advise them! They can also pick up on VPL [Video Performance Limited] I do hope that you are set up to receive PPL and VPL?

<<<<<<<would it be best to arrange for a 50/50 split through the Label Imprint (is that too much?)>>>>>>>


A simple session fee is all that is required for a 'contracted artist' .... unless they have a specific contract with you that allows them a split of the sale price. This would normally be only done with a name artist or potential name. In law, the person who pays for the product owns the product ... that is the principal of all produced music. So, it is again ESSENTIAL to pay the session singers/players and obtain a receipt stating the session day, title/titles, composer, lyricist, Publishing Company and a note to say "this is in full and final settlement of any entitlement re. "track title".

<<<<<<<My next question would also be, is there somewhere one can get a simple contract like this rather than paying a Lawyer "silly" monies!>>>>>>>


The going rate from a solicitor [who will simply cut and paste a standard contarct, is £2,000 per contract. In 'How To Start your own Publishing etc.' you get all on CDrom and in hard copy for £87.50.

As regards publishing, this is where you make the REAL money! Every single track should be assigned to your own Publishing Company - otherwise some Publishing Company will take 50% and leave you with only 50% instead of 100%.


Regards

DEC [Cluskey]
mailto:dec@makehits.com


Just released:- "57 Secrets of a Hit Record" ... - 260 pages of the Secrets plus the CDrom Analysis Software and Audio CD to ensure that your music is a Potential Hit www.makehits.com/57Secrets.htm
or call UK 01323.728005 [+44.1323.728005]

 

What recording software would you recommend that I use? Question (7) Hi Dec. I am shortly to start the City & Guilds course in Music Production and Sound Engineering, run by David Mellor at Audiomasterclass.com. I have a PC running Cubase 5.1, but I feel that I might be better off with an Apple Mac.  What would you suggest, and what software would you recommend that I use. Thanks for being there. Phil Barton.

  

Hi Phil

Tragically the guys teaching you the course will have no Number One Hit experience [I may be wrong but I doubt it!]

So generally what happens is they teach you on amateur equipment .... PC and a variety of cheap and cheerful software ... Cubase, Cakewalk, Reason etc. they will convince you that that is what you want and that all hits are made on that equipment ... totally wrong!

No professional studio in the world uses PC and software such as above.

The only equipment used is Protools or Logic 7 [logic is better for midi based recording] on a Mac base [G5 is the latest and best]

The beauty of this system is that you can take the files anywhere in the world and use them on the studio equipment. You can also send them as files.

Currently the high end Protools is HD [hard disc] and starts around £15,000 .... the FX software plug-ins are usually self powered rather than relying on the processing power of the computer. They start around £1,000.

On the affordable side there is the Mbox series Mbox1 and Mbox2 ... sadly they only have two outputs ... thus you are obliged to mix all the recorded stuff on the screen. It will drive the midi equipment separately.

The current best option that I recommend is the Digidesign 003 .... it has Protools on board and has 8 separate outputs .... so all the live recorded stuff can come through your mixing desk and the midi equipment is separate.... a stunning solution and great results.

Get the 003 through a USA friend off Ebay .... half the price of the UK [around £700] .... then the Mac G5 will be around the same price .... you simply need the tower and keyboard.

Of course, the monitors should be Yamaha NS10s powered by the biggest amp you can afford and I would recommend the Behringer Xenyx 2442FXPRO 24 channel mixer. Fast becoming an Industry standard.


DEC [Cluskey]
mailto:dec@makehits.com

The best guitar recording manual known to man = 'So you're Thinking of Recording Guitar?' .... go to www.makehits.com/recordingguitar.htm
https://secure.mistral.co.uk/makehits/swgappsecure.htm or fast cred*it card line: +44 1323.728005 or UK 01323.728005

   

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