4 Ways to Get Signed

For 99.9% of the bands out there their goal is to sign with a record label. Call it an acknowledgement of the hard work, a badge of pride for the years of sacrifice, gutting it out on the road, a platform for personal expression , delusions of money, whatever – the goal is to get signed. The truth is, getting signed is pretty damn hard on one hand and incredible easy on the other. Easy because in today’s industry there are hundreds of thousands of bush league labels and so called “label executives” looking to nickel and dime you. Assuming you have good judgment, stay away from these clowns. As for the beneficial situations, getting signed to a record label is pretty damn hard. There are layers upon layers of gatekeepers to push past in order to eventually, hopefully, sit down with the right person, the decision maker, in order to make your 10 minute pitch. If you can make it this far God bless you; but remember you need to deliver something different to standout because there are thousands of potential replacements waiting outside the door. If you can get in the door I’ll reveal the tricks to stay. Unfortunately in today’s industry, and you can argue with me until you’re blue in the face, but your actual music isn’t the dealmaker. Here are the 4 things executives will be secretly evaluating besides your music. Arm yourself with these tricks and impress the decision makers while increasing the chances you’ll get signed:

1. Be Marketable

Immediately walk in the door and tell the executive why you’re marketable. Not your demographic, not your market appeal, and not where your music sells, but WHY you’re marketable. You need to ooze cross over appeal, cross promotions, and non-traditional retail potential. Most bands make the mistake by wasting their 10 minute pitch telling the stories behind lyrics (boring) and/or their particular market demographics who attend the shows. These are all good things to discuss, but discuss them if you get a second meeting. An executive is looking past your music in to other avenues that can make money and help push your music. Being “marketable” or better yet how to “appear marketable” is a difficult thing to do and will be covered in depth in a later post; however be fully aware this is an essential element once you’re in the door.

2. Have a Gimmick

I’m not suggesting to do something stupid like have a pacifier in your mouth for all shows, but you do need a gimmick. A gimmick doesn’t have to be something cheesy, rather something consistent, a common factor between personal style, performance, and shows. I’m not here to tell you what that gimmick is because that should be left up to the artist’s creative mind. I will tell you what a gimmick translates into in the mind of an executive: product. You got a gimmick and a marketing department will have a field day creating product to couple your music. So if you're meeting with an executive and you’ve got a gimmick, make it immediately known and point out the potential for spill over products.

3. Have Some Business Arrogance

Be very careful in how you interpret this, as arrogance may cut your own throat. Musicians who walk in the door armed with a business plan, musicians who carry a “we don’t need the label because we have a secondary plan” attitude will hit a homerun with executives. Why? A smart businessman will be attracted to this professionalism and see you’re ready to play ball. More importantly they’ll be intrigued that you may know something they don’t. Surprised by the fact you may be able to advance your career better than they can. This works. More importantly this separates you from the thousands of bands willing to lay on their backs for the labels.

4. Remain Flexible:

Bands get discouraged and offended when someone makes suggestions to elevate their career. Rightfully so, I would get offended to if some jackass floated out advice that has no merit; but be professional and choose your battles. If you’re sitting in an office of a record executive, in reality you’re lucky to have the opportunity, so be a sponge and soak up the knowledge. Executives, in most cases, have seen it all, done it all, and analyzed ever way to increase record sales through a variety of markets and avenues. Pay attention, as you can only learn.

Artist Suggestion - SEPTEMBER 20th

Assemble the Skyline out of Hollywood, CA is not looking to reinvent the California music scene, rather they enhance it. You don’t just walk into legendary music spots like The Whiskey a Go-Go, blast them, sell out, and then get asked back without having ridiculous talent. Their music is a unique stew of pop, rock, and at times a sprinkle of grunge of old, but regardless of your musical pallet one thing's for sure- these guys can play. Despite being musically talented, what makes ATS different is their marketability. They present themselves with just enough LA flare, coupled with their individual styles that will have fans from the Midwest to Dublin latching on. That alone will present endorsement deals that will elevate them to another level.

Artist: Assemble the Skyline
Track: Every Piece of You

What To Look For In An Entertainment Attorney

In the recent post Do You Really Need an Entertainment Attorney I made a distinction between what I call the “old school entertainment attorney” and “new school entertainment attorney”. Remarkably this caused some controversy, but I did see one positive outcome to the arguments – people still support entertainment attorneys! Good start everyone, as an entertainment attorney is an essential step in developing careers.

The difference in today’s entertainment attorneys and the ones of past isn’t experience, age, or even contract skills- rather it’s the clients. The mindset of musicians have changed and new age attorneys likely relate to the new school of thought the best. In the past, clients relied on the attorney/manager for all their business needs. Fast forward to today’s market, musicians feel more comfortable in handling their own business, and in most cases, they want to. The “new school / old school” distinction focuses on the adaptation of this element. Regardless if you’re seeking the new or old, there are certain tips to know when selecting the right entertainment attorney. Evaluate all of them and see which applies to your current career and future career plan.

§1- News Updates
§2- Stay Connected
§3- What to Look for in an Entertainment Attorney
§4- Upcoming Post / Suggestions

§(1) - NEWS UPDATES
Frequent readers know I was asked by the ABA (American Bar Association) to be a contributing author for an upcoming entertainment book. The project, Entertainment Law for the General Practitioner, will be the only entertainment focused book published by the ABA. For non-lawyers, the ABA is literally the leading source for attorneys, so the tips in this book will be used by entertainment attorneys around the globe. Musicians, I’d suggest getting one of these in the future so you’ll better understand the direction your lawyer is heading with your career. The chapter I wrote, Global Implications of the Entertainment Industry, may provide insight on where the industry is heading. Anywho, the book is apparently going to print this fall, so I’ll updating as I see relevant.

§(2) - STAY CONNECTED
There was an absolute explosion of site visitors this past week, and after some PI work I discovered Twitter was the springboard. If you can’t wait until the 15th and 30th to read the posts (damn junkies), I literally post industry news daily, if not hourly, on Twitter. So for the ones who can’t get enough…….follow on Twitter @FrascognaMusic


§(3) - WHAT TO LOOK FOR IN AN ENTERTAINMENT ATTORNEY

If you’ve gotten anything out of the previous posts, you’ve walked away knowing you DO need an entertainment attorney. Whether it’s at the beginning, middle, or end, eventually you need one. For the ones who are being proactive (which I highly encourage) there are certain characteristics in today’s lawyers that can be unique, therefore molding you to the new industry. Setting the obvious characteristics aside such as honesty, trust, and knowledge, here are my suggestions:

1. Study their background and look for DIVERSITY

Quick Sub-Tip: if you ask an entertainment attorney (or any attorney for that matter) if they do a specific area of law, 99% of the time they’ll say “yes”. Q: “You do international contracts?” A: “Yes.” Q: “You do divorce cases?” A: “Yes.” Q: “Do you speak Chinese/” A: “Yes.” They want the business! They aren’t lying to you, rather they are secretly agreeing they’re going to outsource the work or they’re going to read up on that particular area and do the best they can to meet your needs. As a potential client, do some investigative work and find out their work history. By relying on referrals, personal judgement, and your own research, you can quickly confirm or disconfirm an attorney’s specialties regardless of what he tells you.

In today’s market I highly recommend looking for diversity. You want an attorney who has a “working” background in touring, management, promotions, marketing, publishing, label experience, etc… Why? This will make since after reading the next step (#2), but for the most part you want someone who can relate to the problems you’ll soon have. Some attorney’s may relate to these issue based on past clients and the problems they faced, but it’s different when they’ve been in the trenches and experienced the problem on the front line. It is important seek diversity, but "diversity" in the entertainment industry. If your attorney specializes in family law, workers compensation, and entertainment law, they are full of shi* on the later. Entertainment attorneys should be devoted to the practice. It isn't a hobby, it's a booming business, so if your lawyer is all over the place on their legal expertise, don't be impressed, beware!

2. The 360° Attorney

View attorneys like a hybrid 360° deal. If you’ve got a diverse lawyer (like the one listed above), sometimes they can be your best agent, manager, publicist, and lawyer all rolled into one. The new age attorney is more flexible in what they can achieve. Instead of paying a percentage or monthly fee to a variety of people, analyze what your lawyer is capable of and see if he can wear multiple hats. Clearly a fee agreement will have to be arranged on the front end so you’re not stuck paying all hourly attorney fees. Truly consider this option. Remember an attorney can often get past the gatekeepers or straight to the label executives faster than management and agents.

3. Find a lawyer willing to grow with you

Sometimes it can be best to match your attorney to your current career or career path. Explanation- find someone that is willing to grow their career while you develop yours. When you both experience growing pains it can prove beneficial and some of the best attorney/client relationships are the ones established from conception on both ends. This isn’t suggesting get an attorney with zero experience, rather one that wants to develop with you.

4. Use Your Attorney as a Pitchman

Your attorney can be more than an attorney so use him as your pitchman. If your goal is to sign with a label, your lawyer is the vehicle to get you there. I’m suggesting managers aren’t well equipped in this topic, but with the explosion of new musicians in the industry there has also been an increase in crap managers and agents. An attorney represents a level of legitimacy that can get you in the door. Don’t feel like your attorney is strictly there for the legal work and to bail your ass out of trouble- not true. Use him to get what you want and when you want it.

5. Checks and balances

If you’re at a point in your career where you have a manager and an agent, chances are at some point their interests will clash. This is an inevitable step no matter the stage of success. Your attorney is essentially your checks & balance system to keep the conflicting parties from screwing you, so make him your best friend as he will truly have your best interest at heart.

6. International law is a must

Like it or not, the market is going global so it’s best to prepare. An attorney well versed in international law is now a mandatory second language; but be aware that’s not an easy field NOR a well practiced sub-specialty. Just like I stated in #1, don’t let a potential attorney tell you they practice international law, investigate and make sure he does.

7. Look for someone with a marketing background

Another “like it or not situations”, marketability is a key component in today’s industry. Attorneys that have a marketing background can see the appropriate angle on selling you to a particular market, sponsor, or potential investor.

Courtney Love v. Guitar Hero: Argument 101

If you haven’t been paying close attention the dispute between Courtney Love and Guitar Hero’s maker, Activision, it’s escalating into a nuclear war. Courtney Love (widow of the late Kurt Cobain), coupled with the verbal dislike from Nirvana’s former band mates Novoselic and Grohl, are livid and threatening lawsuits against Activision. In the game, Coban is an unlockable avatar, and can be used to perform Nirvana songs along with countless others including music by Bon Jovi and Bush. This has Nirvana fans, the always controversial Love, and grudge music lovers going ballistic. Many consider it to be disrespectful to the late Cobain, fraudulent, and even a dilution of the Nirvana brand. These arguments are loosely valid. However people are quickly venturing down a verbal mud slinging path that legally they know nothing about- intellectual property.

This entire dispute represents the nuts and bolts of intellectual property law (aka: IP), especially IP in the entertainment industry. This is an extremely complex and vast topic. Here is quick legal rundown in order to help people better understand the battle going on, as defined by the law. The 3 main categories of IP are (1) patent, (2) copyright, and (3) trademarks. Courtney Love’s argument is a violation of “right of publicity” which is a sub-category in trademarks. Legally speaking a celebrity has the ability to exploit the commercial value of one’s property. Love being the widow of Cobain now possesses this right to his identity and commercial use. The right is recognized because of the investment that a person (or group) makes in developing a public image. Soooo legally speaking, the possessor of the identity, rightfully gets to licenses out the right to use the image, likeness, identity, or expression much like someone would license out their music, movie, etc… The Guitar Hero dispute is fairly black & white about who has the right of publicity to Kurt Cobains likeness- Courtney Love, however this case begins to get grey with the alleged violations.

According to Trademark and Unfair Competition Law 4th edition, an individual has a valid claim towards a right of publicity violation by showing 4 things.
(1) That the Defendant used his name or likeness.
(2) That the appropriation of his name or likeness was to the Defendants advantage, commercially or otherwise.
(3) That he did not consent to this use.
(4) That he suffered an “injury” as a result.

This whole dispute, no matter how pissed Courtney Love is and how angry the former band is, will hinge on #3. According to Activision: "Guitar Hero secured the necessary licensing rights from the Cobain estate in a written agreement signed by Courtney Love to use Kurt Cobain’s likeness as a fully playable character in Guitar Hero 5." IF true, the language in the contract as to what Love agreed to “Cobains likeness as a fully playable character” will be the swing vote. If this wasn’t fully defined in the contract as to what a “playable character” is, Love is either a victim of being an idiot or having a bad lawyer. If the contract defines Cobain as a fully playable character of Nirvana songs, than Activision will be in violation and will immediately have to fix the game.

Many could care less about the legal ramifications of this potential explosion. It is interesting however because it can open the floodgates for violation allegations. For example: The Aerosmith avatars, or Beatles avatars could scream violation because they didn’t feel the character fully represented their true artistic talent and therefore caused a drop in album sales. This is slippery people. My gut, Courtney Love has nothing here. If so, look for more lawsuits from the Grimm Reaper banging drums, and the hybrid avatar of Slash and the Playboy Bunny suing for millions on the bass!

Do You Really Need an Entertainment Attorney?

“Attorney” is about as popular of a topic as politics, religion, and abortion. The stereotypes run rampant – crooks, shysters, bastards, robbers, and worthless. Oddly enough I agree with most of these....to a point. These characteristics represent the old school entertainment attorney, the wanna-be entertainment attorneys, much like the term greedy represents the old entertainment industry and major labels. Just as the industry has adapted, attorneys have (or should) adapt as well. There is a new breed, the new age entertainment attorney, who is an essential component in a musician's expanding career.

People should understand the old school entertainment attorney, which unfortunately still plagues the industry, is composed of many varying characteristics. Matter of fact, “entertainment attorney” is a bit of an enigma, so allow me to pull the curtain. (1) An entertainment attorney is NOT a general attorney. A giant misconception for bands when they need legal assistance is running off to the first lawyer contact or family friend who works in the law. Legal practitioners have different specialties, but for the most part general litigation is the dominating focus. General litigation is not entertainment law. In a nutshell, many “entertainment attorneys” are as much entertainment attorneys as they are astronauts. (2) There are more wanna-be entertainment attorneys then there are musicians wanna-be’s. Lawyers think it sounds fun, glamorous, or the have colossal financial delusions. Wrong. Entertainment law is about as fun as being a struggling musician. Beware of these sleazy douchebags. When you hear “I’ll make you a star”, “sign with me, we’ll make some money”, or “I’ll get you signed” sprint for the hills. (3) True entertainment attorneys are a dime a dozen. Entertainment law is extremely diverse and can encompass specialties like contracts, intellectual property, negotiation experience, an understanding of international law, entrepreneur mindsets, publishing knowledge, and countless other qualities. It is virtually impossible to find an attorney with all of these skill sets.

Once you bypass the layers of BS outlined above you reveal the true entertainment attorney, the “old school” entertainment attorney. They aren’t bad guys, matter of fact they are the only positive left over from the industry reformation. They are honest, they are hardnosed, and they are you’re best friend. Unfortunately the shyster characteristics listed earlier have given these guys a bad wrap; but that isn’t the problem. The issues facing the “new music market” today doesn’t call for the old schooler’s expertise. The market changed, new issues spawned, and new needs developed. The old entertainment attorneys are too static and can’t fulfill the demands of today’s musicians.

Soooo, back to the million dollar question- Do you need an entertainment attorney? “YES”. There are too many problems to handle, gate keepers to pass, a musicians growth strategy, touring issues, and market planning topics that must be handled by an attorney because even the most grizzled and educated musicians can’t handle them. With that said, don’t look for the old school characteristics in your entertainment attorney, you represent the new industry, and your attorney should too. On 9/15/09 learn what to look for.

3 Songs You Should've Gotten on iTunes for Free

These musicians clearly don’t need an extra promotional push, as I think iTunes took care of that. However, out of respect for the individuals and musicians that busted ass, worked ever connection, and pulled every string to get these songs on the free Tuesday download on iTunes, you get the plug. To iTunes: Ummm I never thought you actually “discovered” these artists. Sincerely- www.musicglobalization.com

1 out of 100 musicians promoted on Free Tuesday are decent. These three are downright amazing for a variety of reasons. So if you missed them, here are 3 artists you should have gotten their free download.

(1) Sonya Kitchell – “Here to There”

This download screams for a summer day, windows down, with your dogs head out the window. Brings Len flashbacks, only without the cheesy 90’s sound and more modern instrumentals.

(2)Mayer Hawthorne – “Just Ain’t Gonna Work Out”

Flanked by a stereo, you could push play, break hearts, and seduce all at the same time. The Marvin Gaye sound is more incredible when you realize Mayer is a white guy from Ann Harbor Michigan.

(3) Diane Birch – “Rise Up”

Damn iTunes, this one is good! It’s not often a white female folk/rock singer can create a gospel song that appeals to the masses. The perfect amount of background vocals and horns crafts a track with enormous cross over appeal.

5 Reasons to Go Global

What’s the point to gaining an international market? Seriously? The industry in the U.S. is unbelievably cutthroat as is, so it almost seems like wasted energy to promote your musical brand across the Atlantic. For international musicians, the same applies, why would you even pretend to chase American music stardom? The market is bursting with musicians lined up out the door willing to do more, take less, and literally do whatever it takes to make it. Now that the industry has experienced 5 facelifts in the last couple of years, it is important to think differently about the music market. More importantly musicians should think smart, and that means thinking globally NOT domestically. It is important to understand this complete shift in thinking, especially since the need for global expansion changes daily. Start with the basics: 5 Reasons to Go Global.

§1- News Updates

§2- 5 Reasons to Go Global

§3- Upcoming Post

§(1) - NEWS UPDATES

I can gladly say, there is a calm before the storm. This minor lull has allowed me to write more blogs, music articles, and contribute to several music sites. Lucky for me, one of the sites I’m working with, MusFormation, is one of my favorites. The site keeps things light hearted, but never lacks in important industry news and content. What makes MusFormation so unique is the diversity of topics. If you need information on gear, touring tips, recording, new bands, etc…. they’ve got it. I highly recommend you put them on your homepage, and hey, while you’re there you should probably read my posts.

Final note- my good friend, badass photographer, and Jack Black look-a-like, Tom Beck, has a great blog that is worth checking out. Tom was kind enough to write a story on me (now I owe him free legal) but if you’re a band looking for a new creative look, go with Tom. www.beckphotographic.net

§(2) - 5 REASONS TO GO GLOBAL

The global market has changed, and you should too. Musicians appear to be stuck in the old industry model. Trained over time to think small, grow regionally, and boom domestically, this once standard model doesn’t apply today. This isn’t to suggest bands should abort this technique, as there are essential steps to growth, but the new age band should no longer blindly follow the herd. The masses build their career based on a domestic model; but it’s time to be smart, different, and more effective. Go global. There are infinite reasons why bands should focus on a global market; but let’s explore the tip of the iceberg first:

1- THERE’S MORE OUT THERE

Undisputed, the United States reins king in the entertainment industry. Whether you like it or not, it’s reality. The competition on American soil is brutal, as your chance for success is literally a crapshoot. Why stay in the rat race? There’s a limited number of consumers in the States, and couple that with the market war, the likelihood musicians can create an economic, stainable career is unlikely. Be smart. People don’t realize the U.S. only makes up 4% of the global consumer market. 4! That means there is a creative death match amongst musicians for 4% of the pie. By thinking global, you remove yourself from the 4% mindset and generate creative ways to explore the 96%, therefore increasing your likelihood for success.

2- DECLINING ALBUM SALES AREN’T WIDESPREAD

Piracy and illegal downloading have been highlighted words for 5+ years, especially within the entertainment media. These issues are depressing, intriguing, and ultimately sell magazines. Ignore it. “Yes” album sales have dropped to an obscene amount in recent years; but that isn’t widespread. As previously discussed, don’t focus on the 4% consumer market the other bands focus upon. Go global. Find the bigger piece of the pie that hasn’t been murdered by piracy.

3- DRAW OF THE FOREIGNER

The draw of the foreigner may be the most unused keys to international growth. There is a reason all five nominees for the 2009 Grammy Award’s Album of the Year were internationally born musicians. International = market appeal. Foreigners represent change, sexy, exotic, and new potential. Rock musicians from Finland stand a better chance of breaking in the U.S. rock market compared to a U.S. band. Setting musical talent aside, the Finns are more marketable, and marketability is a game changer in today’s market. American musicians, can separate themselves from the domestic pack by going abroad. The #1 export of the U.S. is its entertainment culture. In 2001, America’s leading export wasn’t agriculture, automotive, or timber- it was entertainment to the tune of $89 billion. American bands are viewed by foreigners as “American entertainment”, not by their individuality. Whether you’ve contributed to the 89 billion is irrelevant, but I suggest taking advantage of this and benefiting from the figure. Clearly it sells.

4- THE VENUE LANDSCAPE HAS CHANGED

In the past, entertainment venues were limited to American boundaries. Not the case today. The other countries of the world weren’t, until recently, major players in the entertainment dogfight. Due to the rapid growth of global media and technology, coupled with entertainment growth, the number of entertainment venues around the globe has increased over 100%. This means it is now realistic for musicians to swell due to venues and market expansion.

5- DOMESTIC THINKING SETS LIMITATIONS

Musicians can quickly, and easily, get distracted with the duties surrounding a domestic career. Once you start down the regional path of promotion, it’s hard to step off. It’s important in the beginning to separate a band’s domestic goals and international goals into two different markets. By creating a game plan in each, bands can later evaluate which proved more beneficial. The separation is important because bands become fixated on a their domestic career and don’t properly evaluate, or expand into a global market. It is imperative to constantly analyze/compare your domestic growth and international expansion.

§(3) - UPCOMING POST

I’ve found it disturbing lately how many “free” entertainment legal services are out there. This advice is completely impersonal, but more importantly can cripple a musician’s career faster than help. I would promote this free legal service over old school entertainment attorneys, however there is new breed of entertainment lawyers which the new industry has spawned. September 15^th will discuss: (1) the new age attorney, (2) what to look for in an entertainment attorney, (3) where to look for them, and (4) what they “should” do.