Goodnight Kiss Music GUEST ARTICLE Goodnight Kiss Music GUEST ARTICLE by Lynne Robin Green (c)99 -President-Winston Music
Publishers (Ascap)/Hoffman House Music (BMI) Reprinted by
permission of the author. All rights reserved world wide. (This
article first published in the magazine 'Inside Connection'-in
New York City -April 99 issue-featured in the regular column-A
Day In The Life Of A Music Publisher).
For this months column I thought that I'd try to address a
few of the most frequently asked questions that I receive from
Writers and Artist's.I'm sure that you may even find one - you've
been wondering about.
Q--I have been trying to break in to writing for Film
& TV and am sending out my CD's to a few companies like
Dreamworks Films and Sony Pictures and although they both have
commented that my music is really good-- Im still not sure what I
might be doing wrong cause they havent requested to use it yet.!
How do I find out what they are really looking for so that I can
target my material better.
A-If you are submitting your band's CD then bear in mind
that if they agree to keep it on hand that they do like it and
may be contacting you in the future when THEY find they do have
an exact usage for it. It's imperative that you have your ascap
or bmi affiliation on the cd and all songs on it registered to
ascap or bmi,(with all writer credits copyright notice etc,)--as
their licensing needs move very fast and if youre not affiliated
they will see that your music is NOT published--(by you) and may
be hesitant to use it--and it should be registered for
performances already with ASCAP or BMI--(should you get one!) As
to their taste-with a CD album of a group,its really about the
sound,feel, and style of the music and intrinsically also the
individual song feel,(and that Company's specific need at the
present time).. On the other hand if you are really prolifically
writing and recording (master quality)-new songs and are able to
get this material together on short notice (on CD or DAT)---then
you should also ask what kinds of songs they may be in current
need for films or shows that they have in production ? And Id
suggest you might give them a CD sampler (but full length
versions). It's also a good idea to get The Hollywood Reporter
and Variety once a week on the days they publish the Production
Charts.These charts list most all current movies and Tv Shows
that are in production and their requisite contact numbers.It's
best to call and ask for the Music Supervisor directly and
inquire what type of source cues (outside songs) they might be
seeking?If they respond affirmatively and decide to keep your CD
on file its ok to check back every few months or so-but do keep
working to compose more material to show them and talk about --
when you call.That's called stacking the deck-aka as the having
many more irons in many fires theory..
Q-My band has just been approached by a major record label
and they are interested in signing us and they've said that they
are sending us a contract --now their asking me if we have a
Publisher ? How should I answer them?
A-Lets back up a few sentences and we will see that IF
THEY ARE SENDING YOU a recording contract -now is when YOU SHOULD
HAVE AN ATTORNEY REPRESENTING YOU IN THIS COMMUNICATION AND
FURTHER NEGOTIATION WITH THEM....The attorney should be the one
who communicates directly with the label ONLY -regarding any
'interest' that they may have in recording--(or publishing your
band)..Never speak for yourself in this kind of situation as you
will not understand what they are offering (unless you are a
lawyer or speak legalese) and you do not want to be in a position
where you may get trapped by your own ignorance agreeing to
something YOU DONT FULLY UNDERSTAND....Remember that IF YOU HAVE
AN OFFER IN WRITING---you need a good music attorney to handle
all such offers and confer with you and advise you towards making
the best deal possible.Never verbally commit yourself or agree to
anything in front.That's the best possible advice that anyone can
ever give you.You should know for a fact that more (unfairly
unilateral) aka 'bad contracts'- are constantly signed by people
without any proper representation who really had no idea WHAT
they were signing away.
Q-I've been sending out my songs to Music Publishers for
the last five years but I havent been offered any publishing
contracts,WHAT AM I DOING WRONG?
A-Have you received any replies on your submissions? (If
so the Publisher may or may not have elaborated WHY your material
was not accepted for publication).I'd say they probably havent
ELABORATED WHY IT WASNT PICKED UP and thats one of the reasons
why you may still be in the dark just wondering what they are
thinking.? As a long time independent music publisher we receive
so much material from Writer's all over the world--and that kind
of sheer heavy constant volume of stuff can be too overwhelming
to reply individually to.In the case that a Publisher stipulates
they reply with provided SASE, (remember without an SASE they
wont reply!)--but I would definately recommend that YOU put in
your cover letter that you would appreciate any critique of the
material or comments/feedback.Bear in mind that Publisher's as a
rule run fast and furiously with what we have that's hot at the
moment,or we are looking for something that we have instant need
of filling very quickly.....(I personally prefer not to sign
anything (aka stockpiling material)-that I cant move rather
quickly..It's also possible--your song may not fit either need or
category at that moment for that particular Publisher.Thats how
busy we get.Our time and this business is all about PRIORITIES.Secondly
I'd recommend you align yourself with a local Songwriters
Organization where you can participate in live industry pitches
and critiques so that you will get instant feedback as to the
real commerciality of your material .It's really hard working at
something in the dark (its very insular)--and when you get no
feedback--you may not really know what caliber nor potentiality
your material actually has?. Also I'd definately recommend a
professional songwriting workshop as it's a good opportunity for
you to get personal critique whilst developing your songwriting
craft with others -who are also dead serious about professionally
creating and exploiting their work.
Q-I got a call from a film producer and he wants to use my
song (and the demo I'd made) in his new movie.He doesnt want to
pay to re-record the song.I wasnt the one who sang or played on
this ('master'-demo) and Im wondering what I have to do in order
to license it for this movie? I already paid the musicians and
the singer but I have no receipts.I heard somewhere that I have
to provide the film company a written release of the usage on the
performers who do the demo,is this true,and what do I do now,---please
HELP!
A-Yes this is true but firstly,dont panic (yet).If you can
get in touch with the musicians and the singer who did your demo-(AND
IF YOU'VE ALREADY PAID THEM and you dont have receipts or a
release signed and THEY wont sign off for what youve already paid
them --well that cows already outta the barn,just kiddin,I HAVE A
SOLUTION---)--YOU CAN offer them a small percentage of the MASTER
LICENSING fee (3% maybe) that you would actually receive for the
use of the recording.(aka-Master Use Fee).This would apply to
each time you license that master. (This Master Use fee is
separate from the synchronization fee WHICH IS THE SONG fee
itself)--this simple release is called a (MUSICIAN AND VOCALIST
RELEASE)--which I highly recommend to aspiring film & Tv
songwriters as a good investment to have drawn up for you by an
attorney (to use as you need it).. But DO make sure you get it
signed before they perform on your song next time,and do try to
get it signed anyway if they havent yet signed one for you.The
Film or TV company will expect you to legally sign off that YOU
ARE solely liable for any and all damages and/or costs should a
session singer/musician claim they did not GIVE YOU the right to
use their performance for anything (but a demo)..I believe in
covering all the legalities in front -- it really makes for much
more mobility of product being available.Believe it or not-we've
have lost film uses with masters that couldnt be cleared because
of this exact situation.Bottom line-if aint pre-cleared it wont
get used.
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