Interview: Music Publishing & Distribution

Recently I was introduced to Travis McFetridge, the CEO and President of Great South Bay Music Group, Inc., an independent music publishing and royalty collection company located in Patchogue, New York. McFetridge was kind enough to allow me to interview him on the wonderful world of media publishing and distribution. He started GSB in October 2010 after working almost six years as Senior Director of A&R at Ultra International Music Publishing in New York. He felt that after signing many Grammy award winning and Platinum-selling artists, songwriters and producers to publishing deals at Ultra, it was time to expand on his own and develop his own catalog and roster.

McFetridge graduated from Fordham University, Lincoln Center in New York with a Bachelor’s degree in Communications. While in school he utilized their internship program to do work for major labels including A&M Records, Capitol Records, Epic Records, Warner Bros, and Virgin Records. Through the relationships he built he was able to get his first job as a Coordinator of Publicity at Elektra Records during his last semester in college. He said it wasn’t until six years later when he was working in artist management that he began to gain hands on experience with music publishing

I asked McFetridge to explain music publishing and what agencies like GSB do in his own words for those individuals who may not be as well-versed on the subject.

“Music publishers protect and exploit musical compositions of songwriters. It is a music publisher’s role to license songwriters compositions with record companies who are releasing masters containing music compositions of songwriters in order to collect mechanical royalties for songwriters. It is a music publisher’s role to register compositions with ASCAP, BMI and SESAC so the writer can receive performance royalty income. It is a music publisher’s role to pitch compositions of songwriters to recording artists for inclusion on recording artist albums, and to pitch compositions to music supervisors at film companies, video game companies, television production companies for synchronization placements in film, TV shows, video games, ad campaigns, etc. It is the role of a music publisher to protect songwriters’ compositions from copyright infringement and to copyright songwriters compositions with the U.S. Library of Congress.”

We then discussed his passion for music publishing and I questioned what the most rewarding part of his line of work is.

“Being directly responsible for getting a song by one of my songwriters placed with a major artist on their album and seeing the album released with the song embodied on it and hearing it on the radio. To know you were responsible for placing a song for your client and knowing that song saw the light of day due to your efforts,” he said.

I then wondered, in McFetridge’s mind, just how important it is for artists, producers and songwriters to enlist the services and assistance from a firm such as GSB while building their career.

“[I believe it to be] extremely important. GSB offers songwriters the chance to get their songs heard by major label A&Rs, major recording artists and their managers, music supervisors at film, video game, and television companies. Most importantly GSB Music protects publishing rights for songwriters and ensures they will receive the proper publishing rights in all deals that materialize. All too often songwriters sign bogus contracts without the guidance of a music publisher like GSB and end up loosing their publishing rights. This can result in huge financial losses of a song becomes a Billboard Hot 100 top ten hit. GSB makes sure situations like that will never arise for its clients.”

Entertainment Law in Regards to Your Business Plan

One of the first and most important aspects of starting a business plan is brushing up on the legalities one might face and employing a stellar lawyer who is savvy in the prospective line of work. Entertainment law is truly its own breed and has been a constantly changing beast as the industry has progressed and technologies have become more and more relevant. As an individual who strives to one day open their own live concert venue, a licensed entertainment attorney will be one of the first and most important additions to my team.  

Recently I was lucky enough to get the chance to interview Cecelia Lai, a solo practitioner and licensed entertainment attorney located in Plano, Texas who works out of her office, Cecilia Lai Law Office, PLLC. Lai attended Florida Coastal School of Law and works mainly in entertainment advising and negotiating. Her specialties include music and film legal issues that involve copyright laws.

Lai said that her interest was sparked in entertainment law when she began to work in the areas of media and copyright law in her previous journalism background and decided to pursue it as a full time career.

She said of her practice, “Whether it may be setting up their business entity, protecting and helping with the exploitation of their IP rights, and other licensing issues, artists need to thoroughly understand what those deals mean to them and I assist them in getting a fair and reasonable deal.”

I asked Lai, in her mind, how important she felt it was to seek legal council specifically related to entertainment business or events. She explained, “[It is] extremely [important]. Most individuals in the entertainment business seek legal advice when it is too late. Be sure you understand what rights you have and the reasoning behind why someone wants those rights. Otherwise it becomes an issue of why is he getting paid and I am not?”

Following up, I asked her what her advice would be for someone attempting to break into the entertainment business. She replied, “Thoroughly evaluate your prospective business and clients and whether your goals and expectations are realistic and attainable. And always enlist the help of a licensed entertainment attorney if you have any doubts.”

Industry Liabilities: Three Recent Legal Cases Affecting the Music Industry

Law is undeniably one of the most present and important aspects of the entertainment industry. While it wasn't always such a driving force, as we have all heard of the horror stories from the past, in this day and age it is pertinent to any deal. This post in particular will focus on three recent legal cases that are affecting how the music industry as we know it will continue to function in the future. 

Music copyright has been present since the mid-15th century and continues to be one of the most important aspects of music publishing and distribution. One of the most recent copyright cases is 2007's Bridgeport Music, Inc. v. UMG Recordings, Inc. concerning the 1982 funk track "Atomic Dog" by George Clinton and the 1998 hip-hop group Public Announcement's song, "D.O.G. in Me." Bridgeport and the holders of the "Atomic Dog" composition rights claimed that "D.O.G. in Me" infringed on their copyright by repeating phrases and having similar rhythmic elements as "Atomic Dog." After considering all of the fair use factors, a jury came to the conclusion that although "D.O.G. in Me" was "transformative," "Atomic Dog" was "clearly within the core of copyright protection (Nusbaum, 2010)." The jury argued that, "Although the scope of use by 'D.O.G. in Me' consisted of relatively small elements of the song, testimony at trial indicated that they were the most distinctive and recognizable elements of 'Atomic Dog'" and that "Bridgeport could lose substantial licensing revenues if it were deprived of its right to license content such as that used by UMG (Nusbaum, 2010)." Bridgeport was awarded $88,980 in statutory damages. 

This is an incredible example of copyright because it goes to show that you do not even have to use exact phrases, riffs, or chords in order to be pinned for infringement. Similar elements, even something as silly as dog panting, can causes thousands of dollars worth of damages. Whenever in doubt it is best to consult the advice of legal counsel to ensure that your music is not imposing on the rights of others in any way, shape or form, otherwise you could end up in Public Announcement's shoes. 

Another important aspect of the music industry is obtaining proper royalties for published work. Performing rights organizations, or PROs, such as ASCAP, SESAC or BMI assist both music writers and performers do just that. In June of 2011 a case was filed between ASCAP and BMI against commercial music service provider, DMX, regarding licensing fees. In 2005 DMX "requested an 'adjustable-fee blanket license' ('AFBL'), or a 'blanket license with a carve-out,' from ASCAP (findlaw.com)." However DMX and ASCAP could not come to an agreement on a license fee. ASCAP then applied to the District Court to set a reasonable rate for DMX's requested license. BMI also proposed a "BMI rate court" but the PRO and DMX, too, were unable to come to an agreement on fees. Both PROs attempted to use proposals based off their agreement with Muzak, also a commercial music service provider. However the courts found that their benchmarks did not "reflect a sufficiently competitive market and their proposals therefore did not reflect rates that would be set in a competitive market (findlaw.com)." The District Court then assisted in setting rates for a reasonable fee for PROS' licenses with DMX by "incorporating the extent to which DMX relied on direct licenses (findlaw.com)."

With all of the technological advances we have had regarding music distribution, PROs have become imperative in ensuring that funds continue to go to musicians and composers properly. This is one such example of having to figure out what exactly one of those technological advances, a commercial music service provider, must owe in order to continue with their service. At the end of the day everyone needs to get paid, but the difficult part is figuring out just how much is appropriate for each involved party. 

Continuing with the theme of technological advances and their affect on the music industry is the most recent case concerning the digital media company ReDigi and their online platform that allows people to upload and resell songs or books they had bought from online retailers. The platform was created in 2011, stating that its "technology deleted the original file once a copy was put up for sale (Sisario, 2013)." However Capitol Records sued ReDigi in 2012 claiming issues with the first sale doctrine. The case came to a close at the end of March of this year when the US District Court ruled that ReDigi was liable for copyright infringement, although damages have not yet been considered. 

This case is an interesting one because it seems only natural that a company such as ReDigi and the service that they provide would come about sooner or later. All of us have those songs that we never listen to anymore that we'd love to get rid of but cringe at the fact of basically throwing away money that we once spent. While it does seem to pose problems for money that record companies and authors could continue to make on future purchases, it also seems like a good way to recycle material that is no longer being used, even if it is in a digital format. The judge for this case though did imply that this type of service is fathomable in the future, but the kinks need to be worked out for proper use before any such service can move forward.

References
Nusbaum, S.K. (2010). Copyright Cases. Health Lawyer, 66(1), 205-212.
Broadcast Music, Inc. v. DMX, Inc., 10-3429 from Findlaw.com
"A Setback for Resellers of Digital Products" by Ben Sisario of The New York Times

Interview: Allen Stone's Manager Dishes About the Business of Artist Management

In 2011 when I first began working on music showcases for SXSW in Austin, Texas, one of my clients that I worked closely with was Allen Stone and his manager BJ Olin. Stone is a soul and R&B singer from Seattle, Washington who released his first album, Last to Speak, in 2010, followed by his self-titled label released album in 2011/2012. It was after the release of his sophomore album that his career really began to take steam, landing him top spots on iTunes and Billboard. He performed as the headliner on an unattached showcase at SXSW 2012 then as the headliner on his management company's showcase in 2013, Red Light Management. 

Red Light Management is an artist management company with offices in New York, Los Angeles, Nashville, Atlanta, London and more. The represent acts such as Alicia Keys, Alabama Shakes, Rayland Baxter, Alberta Cross, and Natasha Bedingfield. 

BJ Olin has been with Red Light for a few years now, but has been artist managing in one way or another for approximately eight years. I jumped on the phone with him last week to pick his brain about his exciting career and to get advice from him for those out there who are pursuing artist management.

Olin graduated with a Bachelor's degree in marketing and public relations from Texas Tech followed by some communications classes in grad school but ultimately dropped out to pursue artist management full time. He first began by tour managing a friend's band as well as Missouri to Nashville based singer, Matt Wertz. Ultimately these relationships fizzled and Olin went on to work with Def Jam Recordings, followed by a brief stint working with Seattle indie rock band, Barcelona. After some hardships post-Barcelona, Olin landed his now job working for Red Light Management. 

He is now currently living and working in LA, but travels very frequently with his clients. Outside of Allen Stone, Olin manages a budding rapper whose name I cannot disclose at this time, American Idol season eight contestant Jackie Tohn, Swedish singer-songwriter Tingsek, and singer-songwriter/actress Stacie Orrico. 

When I asked Olin what some of his most important responsibilities are in managing his artists' careers, he explained that it is his job to "coach" his clients. Starting from the ground up, Olin goes through the growing pains with his acts and assists in developing their craft. The other large aspect of his career, he said, was to cultivate relationships with other entertainment entities and professionals on behalf of his artists in order to create opportunities for them. 

I asked Olin what, in his mind, are the most important characteristics an individual must embody to build a career as an artist manager. Without hesitation, he said "resourcefulness and tenacity." These qualities combined with a lot of hard work and a little bit of elbow grease, he said, will without a doubt multiply your victories in your artists' careers. 

As far as advice for aspiring artist managers go, Olin said to never put all of your eggs in one basket. He explained that oftentimes people want to pigeonhole themselves to only work with one act or one type of act. Broadening your horizons, even if it's out of your comfort zone, will ultimately make you a more successful and more versatile artist manager in the longrun.  

I closed the interview by asking Olin what he most loved about being an artist manager. He said, "No day and no artist is ever the same. Seeing each individual artist as a new project keeps me on my toes and keeps me guessing. It creates new and exciting situations. Life is always interesting as an artist manager."

Show Recap: ACL Taping of Grizzly Bear at The Moody Theater, 04/10/13

Austin, Texas is the proud home of the American public television music program Austin City Limits, or ACL, which airs on PBS around the country. It first began in the mid-1970s and was recorded in one of the communications buildings at the University of Texas until 2011. The show was then moved to its new location, The Moody Theater, located properly on Willie Nelson Boulevard in downtown Austin. ACL assisted Austin in gaining the title “Live Music Capital of the World” and was inducted into the Rock and Roll Hall of Fame in 2010.

Some of the amazing performers to have hit the stage in the past include Joe Cocker, The Allman Brothers Band, The Flaming Lips, Joan Baez, Mos Def, Beck, Johnny Cash, Alabama Shakes, B.B. King, Foo Fighters, Brooks & Dunn, Neko Case, Fats Domino, Coldplay, Loretta Lynn, Mumford & Sons, and Van Morrison just to name a few. See a full list of past performers here.

To attend a taping the public is asked to enter a drawing online. If you are one of the lucky winners then you are notified via email as to what time to show up to the venue to get settled for the taping. I have previously only entered my name once before for the chance to see Jack White, unfortunately to no avail. I have seen shows at The Moody Theater before, however, and it is quite the live music venue. With nearly a 3,000-person capacity, the sleek space boasts a large standing room floor and two levels of balcony seating. The sound is simply amazing.

Recently my friend won passes to see the taping of Brooklyn based indie rockers, Grizzly Bear, and I was lucky enough to get the invite to be her +1. They performed this past Wednesday evening and I was absolutely thrilled to get the chance to see them since I was unable to snag tickets to their concert at Stubb’s before it sold out.

The venue looked gorgeous; removable seating was placed around the stage but a small standing area was left between the two jibs located on either side of the stage. Behind the stage was a mock Austin skyline lit up with twinkling lights. The special taping stage is low to the ground to create a very intimate and personal feel to the show. We sat three rows up on the right hand side, so close we could see every strum of the guitar, every tap of the snare.

Grizzly Bear put on an astonishing performance. The caliber of sound in the space really gave their music that extra something. Watching the two vocalists, Edward Droste and Daniel Rossen, perform together was almost like watching a modern day Simon and Garfunkel.  They played songs from their 2004 studio album debut, Horn of Plenty, all the way up to their most recent record, 2012’s Shields.

The show wrapped up a little after an hour. As we began to proceed to the exit I turned to my friend and asked her if they ever do encores at tapings. She has seen three tapings prior and explained to me that encores are very few and far between. As soon as the words left her mouth the band surprised everyone with a four-song encore. Since we were already out of our seats we were able to sneak onto the first row footboard, even closer than we’d already been! It was truly a breathtaking show. I was able to snap a front row photo that can be seen below. I can only hope that my next taping will be just as memorable!