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Second Quarter 2003 Free!
Music Industry Connection
Network! Negotiate! Know the Business!

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Music Therapy 101
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and the Music Biz
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Below is a brief list of names of
persons and companies that have
Call 800-963-0949
played a role in assisting Music
Therapy 101 continue its success-
ful journey. Thank you! RADIO AIRPLAY 101
Boogie Report Newsletter, Hip Hop The Overall Picture of Music Marketing
Encounter Newsletter, Cybertainer, Ali
Shabazz/ Bama Hip Hop, Cha-WHY?
Entertainment-Washington D.C., Rob
Wright/Sony Music Entertainment, There are two options for your independent music in the music The gig portion of your music marketing is obtained by
Patricia Bower-Bower Entertainment-
Ohio, Dorsey,
business: You can either try to be your own record label (and/ partnering with an entertainment agency who book gigs for
Vonico “Nico Don” Johnson, Bryan or PR firm, music company, entertainment agent, etc.), or you you (good gigs can get you some PR too.) Small music labels
Farrish Radio Promotion-Los Angeles,
DJ NY City Ken-Hidden Beach Re-
can partner with others who will do the work for you if you will just try to book their own gigs. Note that an entertainment
cordings, Musicians Network.COM, pay them. Either way, you need to now who does what. agency for gigs is not the same as an entertainment agent that
James “Bullet” Hickman-Official Con-
tact Pages to the Music Industry, Nina
an actor would have.
Albari, Johnny Mims, Reggie Regg-
A Record label, PR firm, music manager, music publishing
Mo Music 790 Cascade Ave., Atlanta, company, entertainment agency, music distri- For the retail part of the music industry, a record
Hikmah Osi-Efa-Tribal Markings En-
tertainment, Lesia Tyson-Total Re-
bution firm, entertainment lawyer, music company would hire a retail promoter, whereas
cording Kept Simple, Ray Culpepper- magazine, and most any other entity in the a small independent record label would just call
A-Town Filmworks, Yavonna Glenn,
Myron Jones, Micahel Baldwin-Versa-
music industry are all part of a “mass media” Network! stores on their own. Note that this is NOT the
tile Productions, Rasheda Jordon, wheel that generates airplay, publicity, gigs Negotiate! same thing as music distribution, which is
Ihsan Ujamaa, George Davis &
Natasha Lee-Big Boyz Records-Little
and record (CD) sales. All this is part of a Know the Business! simply a middleman between the record
Rock, Arkansas, Joyce Jenkins-Cee record deal (from a record label), or, it can be company and the music retail stores... they just
Gee Entertainment, AP Entertain-
ment, Tarik Scott-INAB/World Pre-
used to get a record deal. Alternatively, you take retail orders once the retail promotion
mier, Professor Griff of the Legandary could decide just to keep as much of it in- person causes them to happen. If you have no
Hip Hop Group Public Enemy, 4-IZE,
Khalil Stokes, Shontae Gilley, Peter
house as possible, thus creating your own operation. This is a retail promotions person, you will have no sales, regardless
Spellman-Music Biz Insight, Gayle realistic option if you will be in the business for five or more of the radio you do.
Corn-The Loop e-Newsletter-Los An-
geles, VIP Records, Islam-Shine En-
years, and you are willing to work at least 30 hours a week at
tertainment, Moses Dailey-Atlanta En- it. The entertainment industry has a few other entities you will
tertainment Association, Karl Wash- have to work with... like the music manager (i.e., personal
ington-Entertainment Attorney-At-
lanta, Dr-Love A real record company handles four basic areas of music manager) and the entertainment lawyer. While they are not
marketing: Radio, PR (public relations), gigs, and music retail. into music marketing (or mass media) details like a record
“MT101 is not only informative, but
inexpensive and a great opportunity
The radio portion is what this entire site is about; radio is the label or radio promoter would be, they are needed with things
to network and join forces with others most complicated part of the music industry, and the most like music publishing and general organization once you are
in the entertainment industry. MT101
brings the gap together of those who
expensive part of the budget of a major record label. If you on the road (but probably not before.
have been in the industry for a while hire an independent radio promoter, they can also help a little
and for those just starting.... Not like
with PR, gigs and retail, provided the airplay campaign is Contact Bryan Farrish at:
other seminars that cost a lot and do
not spark your mind or inform you of large enough. Bryan Farrish Radio Promotion
things that you need to know. It brings 14230 Ventura Blvd., Suite A,
majors/independents and strictly
underground to a place to meet, share The PR (publicity) portion of the entertainment industry is Sherman Oaks, CA, 91423
ideas, and support one another.” obtained by hiring a PR firm (or PR person). A large record Phone: 818-905-8038
Dee Dee Cocheta, of A Black Clan
Records label has these people on staff, but still hires out for them. A
smaller independent record label sometimes will just try to
“Thank you again for inviting me down Bryan has spoken at
to Atlanta for the seminar. I really had
do its own publicity, maybe by just focusing on some local
a great time. The panelists were all music magazines. Big mass media music magazines, however, Music Therapy 101
good, the people were cool and it was
great fun meeting and talking with your
will be beyond what an independent music label can get.
d a d ! ”
Steve Gordon, Music Entertainment Volume 1, Issue 3
A Rough Sketch of Public Law 102-307 makes renewal registration optional. Thus, filing for
renewal registration is no longer required in order to extend the original 28-

Copyright Basics year copyright term to the full 95 years. However, some benefits accrue from
making a renewal registration during the 28th year of the original term.”

The process of registration is relatively simple and cheap ($30) and it serves
Written by Marty O'Toole to provide notice (which may place a potential infringer on notice and
discourage infringement). Registration also helps to establish the time of
Copyright protection has been set up creation. And it may provide clarity early on as to particular rights in the
to protect the public’s interest in underlying work.
general knowledge. Its primary
purpose is not to the benefit of the Once registered, the validity of your copyright is presumed, and this
author, but to benefit the public. registration allows you to immediately take action. Registration coupled with
a cease and desist demand may command prompt compliance from a would-
Today, once an original work of be infringer (with minimal aggravation and expense). Writers should also
authorship is fixed in a tangible avail themselves of registration via The Writer’s Guild. The “Poorman’s
medium of expression, it is protected. Copyright” is also a good idea. (While use of a copyright notice “ ©” was
Original simply means that it was once required as a condition of copyright protection, it is now optional, but a
independently created and not copied. good idea nonetheless, once registration has been perfected.) Ownership
Ideas themselves are not protected. comes in three packages: individual owner, joint owners, works made for
But, the particular expression of ideas hire.
are protected. Facts, regardless of how
Joint owners: If two or more persons intend to create a “joint work” each
discovered or how arranged, are not themselves protected (no author can,
author is an equal share owner of the work — regardless of quality or quantity
thus, take information properly belonging to the public). General notions or
of input. Unless there is an agreement stating otherwise. (Each must make an
themes are not protected. The thinking is that certain “scenes” prompt
independently copyrightable contribution to the work —even if minor— and
particular plots and storytelling —and are not protected.
fully intend to be a coauthor). Joint owners own an undivided interest in the
Titles, (band) names, short phrases, slogans, ideas, discoveries, concepts, work and may independently use or license the work without the permission
processes, for example, are not protected. Look to trademark and patent of the other, so long as they account to the other for profits. Intent is king.
protection and various state laws for possible protection [U.S. Patent & Trademark (Courts look to see who has decision-making authority/how parties bill or
Office: (800) 786-9199]. credit themselves/and written agreements/emails, etc.)

Copyright protection automatically exists from the moment an original work Work for hire: prepared within scope of employment or where ordered or
is fixed in a tangible form of expression. Registration is not required, but commissioned, if the parties agree in writing that the work shall be considered
there are significant benefits for timely registering the work (e.g., statutory a work made for hire. In this context, the employer is deemed to be the author.
damages, legal costs/ attorneys fees). (Timely means filed before an (Much of this is fact driven: for example, whether the hiring party controls
infringement takes place or three months after publication). A lawsuit for the “manner and means of production,” the skill required, whether taxes are
infringement may not be brought until the work is registered. paid by employer, the existence of employee benefits.)

The length of copyright protection depends on when it was originally created. The owner of a copyright has the exclusive right to reproduce the work,
distribute copies, perform the work publicly (the definition of perform is
For works created on or after January 1, 1978: the length of the term is very broad), display the work publicly, and prepare derivative works —
the author’s life + 70 years. Joint works = 70 years from the death of the last
surviving author. Works made for hire = 95 years from publication or 120 hat is, “substantial and creative” alterations which include an abridgement,
years from creation—whichever is shorter. condensation, or any other form in which a work may be recast, transformed
or adapted, based on the original work.
For works created before January 1, 1978: figuring out rights can be a bit
of a mess and therefore it is important to see, for example, if proper registration, ...Continued on page 4.
publication and renewal occurred. The Copyright Office sums it up this way:

Get Connected
“Under the law in effect before 1978, copyright was secured either on the
date a work was published with a copyright notice or on the date of registration
if the work was registered in unpublished form. In either case, the copyright
endured for a first term of 28 years from the date it was secured. During the Los Angeles Music Network Colorado Music Association
last (28th) year of the first term, the copyright was eligible for renewal. The P.O. Box 8934 8 E. First Avenue
Copyright Act of 1976 extended the renewal term from 28 to 47 years for Universal City, CA 91618 Denver, CO 80203
copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights
Washington Area Music Assoc. Georgia Music Industry Assoc.
restored under the Uruguay Round Agreements Act (URAA), making these
1101 17th St. NW, 1100 P.O. Box 550314
works eligible for a total term of protection of 75 years. Public Law 105-298,
Washington, D.C. 20036 Atlanta, GA 30355
enacted on October 27, 1998, further extended the renewal term of copyrights
still subsisting on that date by an additional 20 years, providing for a renewal
Publisher/Editor N Chief-JaWar The Music Industry Connection, LLC is
term of 67 years and a total term of protection of 95 years.
Writers meant to inform you about future Music
Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright Shontaé Gilley, Marty O'Toole, Bryan Therapy 101 Seminars, give you industry
Act to provide for automatic renewal of the term of copyrights secured between Farrish, JaWar insider information and provide you with
Layout Crafted by - Alfred Bacon tips and resources to help you achieve your
January 1, 1964, and December 31, 1977. Although the renewal term is
goals and realize your potential. Receive
automatically provided, the Copyright Office does not issue a renewal
Music Industry Connection, LLC the MIC monthly by joining the email list
certificate for these works unless a renewal application and fee are received P.O. Box 52682, Atlanta, GA 30355, USA at Know thyself.!!!
and registered in the Copyright Office. 800-963-0949 Copyright 2003 Music Industry Connection

Have You Done Your Homework?

Marketing and Public Relations 101
Every big star has great public relations, a publicist
and marketing company to ensure their success. Take
a look at today’s artist’s that are most successful and
why? I’m talking about your J-Lo's and your Jay Z’s,
and even down to your dirty south brothers like

They are soaring high and being financially

compensated in a big way because media won’t let you forget them. They are
blasting from the radios of your cars and even the one next to you. They are
on every channel you turn to and every time you pick up a magazine or
newspaper that awesome presence is there, big bold and up in your face
demanding you to want more.

You know why?

Because in today’s industry and especially with our current economy it is

imperative and a critical tool that must be carefully researched in order to
remain successful in the eye of the consumer and keep them.

Independent research studies conducted by and for African Americans have

shown purchasing behaviors to prove over and over again consumers purchase
items for a variety of reasons, but mainly name recognition and brand loyalty.

That is where public relations and marketing are most critical to your success.

In direct relation to the music industry, audience impressions are a major

factor. The more a consumer can see and hear you, the more aware of your
name they are and can immediately relate to you in some way.

The main difference between marketing and public relations is that when
developing marketing tools you want to select are selling a product or
marketing campaign. While in the world of public relations you are providing
a voice for your project that relays your message to your audience.

PR companies create and relay information regarding clients. Good or Bad.

They spend a lot of time pitching stories about the client to all forms of media.
Once a story or event has relayed the facts surrounding the client to the media,
then Marketing comes into play with any use of promotional products selected
to make the public aware of WHO you are.

That can consists of many items such as CD Samplers, T-Shirts, Stickers, and
Posters, which are normally giveaway items. Some artists even go a step
farther and have special performances at events unrelated to them. These costs
must be taken into consideration when projecting budgets for events,
appearances, performances etc depending on the company and or event. Some
key things to remember:

Be sure You AND Your Management are covering your Marketing Smoove Entertainment
promotions and PR campaigns. ALWAYS research any events or products
Hot tracks for sale.
related to your project. Do your homework! Know your market! Music Producer Reasonable prices. We will work with you!

Shontaé may be contacted at Got Beats! Mention this ad and get 10% off!!
Whatever you need we got it.

ADVERTISE HERE CALL 800-963-0949 Got Tracks! Contact:

Raye or Al (404) 759-7058 or (414) 444-4593


Evaluution Studios
By Appointment Only
Are you in need of sound, affordably priced accounting/
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financial planning advice from a professional?
Easily understood guidance related to all aspects of
entertainment accounting from corporate filing status to
tax planning.
Call (202) 271- 8020
How To Use Record Pools To Test-Market A New Release
written by JaWar

Are you an independent record company? Are you considering pressing and
selling your own CD? Before you spend your hard earned money from your
day job pursuing your music career at night consider record pools as a cost-
effective method of test-marketing your music. Record pools give you access
to radio, club and mobile DJs. Essentially, DJs pay a monthly, quarterly or
yearly dues to be a record pool member. In exchange for paying membership
dues the record pool distributes new music to the DJs. Normally, the DJs are
required to give feedback or report listener response to the pool director. Once
all the DJs have sent in their feedback the pool director compiles a chart list
that is distributed to record companies via fax and/or email.

Now, let’s say that you are an indie label in Atlanta, GA and your preparing to
release a CD. Before spending all your advertising dollars in Atlanta, you
will want to test-market your first single using record pools in GA, Birming-
ham, AL, Charlotte, NC, FL and SC. After a few weeks you might find that
your single is getting a so-so response in Atlanta, but in Birmingham, AL and
Charlotte, NC your single is hot, simply blazing! Since, Birmingham and
Charlotte or only a two and three hour drive from Atlanta, respectively it
might make good sense to spend more of your advertising dollars in those
areas. This would increase your opportunities for creating a street buzz faster
and turning a profit sooner via CD sales, live performances and merchandis-
ing sales. Before spending your hard earned money from your day job pursu-
ing your music career at night consider record pools as a cost-effective method
of test-marketing your music.

Order your limited copy of the list with over 130 record pools nation-
wide. The list includes record pool names, pool directors, physical street
addresses, phone, fax, email and music format. The list is available on
CD for $15+$3 Shipping & Handling or Print Version for $20+$3 Ship-
ping and Handling. Order your record pool list today! HERE'S HOW:

(1) Mail a money order for either

Music Workshop $18 CD or $23 Print Version payable
to Music Industry Connection, LLC,
P.O. Box 52682, Atlanta, GA 30355,
Copyrights A c t i n g USA. Attn: Record Pool List {U.S.
Funds Only}. No checks accepted at
this time.
Publishing Modeling (2) Print your name, email, phone
number and physical mailing address
on a sheet of paper and include it with
Recording Songwriting your money order.
(3) Your record pool list ships within
48 hours of receipt of your money or-
Production der.

JaWar may be reached at 800-963-0949

Shine Entertainment
404-261-8274 "I enjoyed your event and will be ever so happy to
Not affiliated with Music Therapy 101 or Music Industry Connection
come again."
Wendy Day, Founder Rap Coalition
Continued from page 2...

Today, an owner may transfer his or her property rights, or any devisable portion of his or her rights, but must do so in writing. Therefore, an author can sell
or grant a license to a movie studio to make a movie, a theater company to publicly perform the work, a book publisher to publish a book, while retaining yet
other derivative rights. [A “nonexclusive” transfer need not be in writing. A party who has a nonexclusive right in a work (e.g. ASCAP. BMI) may not bring
suit]. An oral agreement later reduced to a writing may be sufficient.

Generally speaking, a party claiming infringement must primarily demonstrate they the idea is original to them, that the would-be infringer had access to
their work, that the complained of infringement is substantially similar to their work. A portion of another’s protected work may be used without infringing
that person’s copyright for purposes such as commentary, criticism, news reporting, and scholarly reports. What is and what is not fair use is a question of
fact dictated by the circumstances: “There are no hard and fast legal rules permitting the use of a specific number of words, a certain number of musical notes,
or percentages of a work.” Willful infringement for profit may result in criminal prosecution. Copyright claims are governed by a three-year statute of

To gain permission/clearance to a work, you should consult an attorney, contact the owner directly if you know the owner or the Copyright Office to search
for the owner. It is roundly advisable to consult with an attorney for issues that concern copyright.