The top seven music biz credos of success

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MUSIC BIZ 101

Well, it's that time of year again, to reflect on our blessings and to resolve to do things differently. This should also extend to the music business life as well, so I have gathered my top seven music business credos. Some have been gleaned from previous columns, others through my experience in the business.

First, protect your copyright. In a nutshell, copyright is the right to copy. Originality of the creative work is the defining characteristic of the copyright protection. The emphasis is on individual recognition and protection of one's original work.

Copyright legislation protects property known as intellectual property. Intellectual property rights in Canada protect the individual. Copyright starts the minute you 'fix' a song onto paper, record it or use some other tangible form of expression. You can't protect it if it is not expressed in a tangible form.

Second, learn the lexicon of the biz. A phrase like "exploit your music" does not mean "exploit your culture," although it can be related. Exploitation of music refers to the promotion and marketing of songs, releases and the songwriter or musician's career. Exploiting one's culture for commercial gain is another matter. The tradition and spirituality of a song should not be commercialized for mass consumption. Cultural integrity is of paramount concern to ensure compositions are not trivialized or misrepresented.

Some may hold the view that Aboriginal culture is to be shared unconditionally. But, if it becomes a commodity to be trivialized and misrepresented, cultural appropriation is the end result.

Third, hire a well-established music publisher to manage the creative, financial and administrative aspects of your copyright. Think in terms of time, energy, money, industry contacts and expertise when choosing a music publisher.

The salt of a good music publisher is to exploit your songs, not your culture, in as many markets and mediums as globally possible.

Fourth, understand how royalty and percentage rates really translate. Songwriting is where the bucks are made. Know how the mechanical royalty rate works. If it takes two years to compose and release a new Cd and the statutory rate for royalties goes up in the interim, you get paid the older and lower rate under the controlled composition clause. Examples abound that show that it takes real creative genius to use the contract to an artist's advantage.

Fifth, if in doubt ask. Don't be shy. The creative geniuses are certainly not shy. After all, it's your money and livelihood that is at stake. There are many organizations, such as the American Federation of Musicians, SOCAN (Society of Composers, Authors and Music Publishers of Canada) and CIRPA (Canadian Independent Record Producers Association), which lobby on behalf of their members. Their organizational lobbying efforts do result in effecting change. It also takes the individual, whether artist, agent, other affected person or group, to ensure good treatment.

Sixth, never, ever under any circumstances sign anything without having the chance to thoroughly think about what you're about to sign. Get advice when trying to decide, and legal advice when you do sign. Date and initial each page and take your copy. If you have to make a change to the document, initial the change like you would a cheque with the revised fact or figure. And always get your copy of the signed statement. Don't leave without it.

Seventh is my favorite gem of advice: Quitters never win. Winners never quit. There's no such thing as an over-night success. Success comes from passion, hard work, luck, timing and talent with the strong support of the family and a management team.

This column is for reference and education only and is not intended to be a substitute for legal advice. The author assumes no responsibility or liability arising from any outdated information, errors, omissions, claims, demands, damages, actions or causes of actions from te use of any of the above. She can be reached at abrascoupe@hotmail.com.