Friday, December 23, 2005

'work for hire' agreements

Q - Why have a 'work for hire' signed? You will, through experience, learn who you can trust. A handshake is enough.

A - I disagree -- assuming, of course, that your song actually makes some money... having a 'work for hire' agreement is essential.

It's really not that complicated, it is part of the business of songwriting to make sure you have the paperwork to support your claim that your song, and the master recording of it, wholly belong to you/the writers.

Whenever hiring musicians, singers, producer, studio engineer to create a demo of your song, you should have each person who participates sign a work for hire. This is standard. If, for example, you hire a demo service to demo your song, and don't have a work for hire signed... if that master recording gets in a film (i.e., starts making money)... the folks that worked on it could easy come after you for a share. You paid them, sure - but you have nothing in writing. This is also extremely important if you, for example, create the back-up music but hire a singer to sing the demo/master.

I always, when starting to talk to someone else about working with them, advise them I expect an agreement to be signed, whether it's a work for hire or a co-write.

Here's a sample Work for Hire (you'd have to tweak it for musicians & producer):

Work For Hire Acknowledgment

Dated as of…

SINGER’S NAME & ADDRESS

This work-for-hire acknowledgment by SINGER (I, me, my) is in connection with that certain recording project involving the production of musical composition “SONG” (the Project), featuring the work of COMPOSER (the Master). It is hereby acknowledged that I performed services as a Vocalist for the Project.

1. Ownership of the Master(s): I, for good and valuable consideration in the amount of $0.00 DOLLARS, (receipt of which is hereby acknowledged), certify and agree that all of the results and proceeds of the services of every kind heretofore rendered by me in connection with the Master created for COMPOSER is and shall be deemed a work "made-for-hire" in that it is prepared within the scope of my employment hereunder.

Accordingly, I further acknowledge, certify and agree that COMPOSER is and shall be deemed the author and/or exclusive owner of all of the foregoing for all purposes and the exclusive owner throughout the world of all the rights of any kind comprised in the copyright thereof (expressly including the copyrights in and to the Master and any renewal or extension rights in connection therewith), and of any and all other rights thereto, and that COMPOSER shall have the right to exploit any or all of the foregoing in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all configurations as COMPOSER determines.

I hereby irrevocably and unconditionally waive any and all moral and like rights that I may have in the Master and the performances and/or the musical composition embodied therein and I hereby agree not to make any claim against COMPOSER or any party authorized by COMPOSER to exploit the Master based on such moral or like rights.
To the extent that I may be deemed the "author" of the Master, I hereby grant and assign to COMPOSER all rights of every kind and nature whether now or hereafter known or created throughout the universe in perpetuity.

In connection therewith, I hereby grant to COMPOSER the exclusive worldwide right in perpetuity to manufacture, sell, reproduce, adapt, distribute, transmit, communicate and otherwise use the Master in any form and by any method now or hereafter known, including, without limitation, via cable transmission, satellite transmission, electronic transmission, transmission via the Internet (including any promotional or commercial downloads), and advertise phonograph records or other reproductions (visual and non-visual) embodying the Master, to lease, license, convey or otherwise use or dispose of the Master by any method now or hereafter known, in any field of use, to release phonograph records or other reproductions embodying the Master under any trademarks, trade names, or labels, to perform such phonograph records or other reproductions publicly, and to permit the public performance thereof by means of radio or television broadcast, cable transmission, satellite transmission, electronic transmission, or any other method now or hereafter known, all upon such terms and conditions as COMPOSER may approve, and to permit any other person, firm, or corporation to do any or all of the foregoing or may refrain from doing any and all of the foregoing.

2. Name and likeness: I hereby grant to COMPOSER the right to issue and authorize publicity concerning me and to use my name, voice, performance and approved likeness and approved biographical data in connection with the distribution, exhibition, advertising, and exploitation of the Master produced during the Project. I shall exercise approvals hereunder reasonably and within five (5) days after request by me, or such approvals shall be deemed given.

3. Ownership of Musical Composition: The services rendered by me shall be deemed not to be a contribution to the writing of any music or any lyrics embodied in the underlying musical compositions contained on the Master, and I hereby waive any and all rights with respect to the copyright of any underlying musical compositions embodied on the Master. Accordingly, I agree not to make any copyright claim for authorship or any portion thereof, including any claim for authorship of the lyrics, the music or both.

Executed as of date:

AGREED AND ACCEPTED: _________________________________________
SINGER / MUSICIAN / PRODUCER

Sunday, December 11, 2005

"Poor Man's Copyright" is NOT recommended

I can't tell you how many posts I see asking about copyright. It surprises me that something so fundamental to our work as artists is so misunderstood. It actually is very very easy to copyright your works. But you do have to take the time to fill out forms accurately, prepare your 'deposit material', and enclose the correct fee.

Fact #1 - as soon as you create something in tangible form (written, audio, etc) it is considered copyright - but you need to be able to prove that you created it on a specific date.

Fact #2 - sending your work to yourself as Registered Mail is NOT copyright protection. The "poor man's copyright' has not held up in a court of law, because there is no way to prove the 'evidence' was not tampered with - one could even perhaps have sent oneself an empty envelope & put the stuff in later.

Fact #3 - You need to have your works held by a 3rd party. And it isn't that hard, or that expensive.

I've actually found it more cost-effective to register my works as collections with the US Library of Congress for one $45US fee, either:

- form PA to register Words & Music only (most common)

OR

- Form SR as a 'author of music, words & sound recording'. That registers both the underlying work & the master sound recording under my name. I would only use form SR if you have a master recording that you intend to try to place in film/tv.

NOTE - form SR can also be used to register JUST the sound recording. If, for example, I recorded a COVER song (with appropriate licencing, of course), I could register my PERFORMANCE of it as a sound recording.

COMPLETING THE FORM FOR A 'COLLECTION'

-in Section 1, under 'Title of this work' put in a name for your collection, and then list the songs - "Collected Works of Miss Vikki, Jan to Mar 05: #1-Hi, #2-Bye, #3-Aloha", etc. [by the way, unless you are a music publisher your work is "unpublished" (it will be "published by the recording company or music publisher that purchases performance rights from you)]

NOTE - if one of the songs in the collection is picked up, you need to specify, in the contract, that you are only licensing the use of that particular song and not the entire collection.

NOTE - you'll need to remember which collection each song was registed in. I personally make a file folder for each song. On the inside front cover, I write down the date it was created, the date the copyright form was sent, and the name of the collection the song was a member of for the copyright. I keep all the lyric notes & copies of the forms I've sent, etc, in that file.

IT IS WORTH-WHILE
The great advantage to filing with the Library of Congress is that, not only is your work copyrighted, but if someone does steal something from you and you win your case, you will get all your court costs & lawyers fees covered AND $100,000 to $150,000 for EACH infringment of your copyright.

By the way, if you live outside the US, don't send your country's postal orders to the Library of Congress, they won't accept them. It has to be a bank draft.

Sunday, December 04, 2005

mucus build-up is affecting my singing

Q: I have this ongoing and persistent problem wih mucus build up, and a constant need to clear my throat. It's especially prevelent my first 5 or 6 songs of the evening {I do all the things I should, like avoiding dairy, and doing vocal warm-ups}. It's more annoying than anything, although it sometimes presents itself at bad times, like when I'm reaching for a high note, I'll yak up a hair-ball! (Ohio)

A: Have you checked with your doctor to rule out any chronic things that might affect the voice... ear infection, sinus problem, etc?

In terms of singing technique it's hard to help without seeing you. It could be that the typical 'apprehension' we all feel when approaching a performance is manifesting itself physically in ways that you are so used to you aren't aware of it.

If you're singing with a mic, make sure the mic is located beneath you and reaches up to your lips, so you don't have to lift your head. Also, make sure you are not pushing the voice for volume... phrases should be initiated gently, on the moving breath.

Keep all your words within the frame of an open 'oh' vowel - try to avoid singing in shapes that are wide & flat, sing in shapes that are tall and round. Looking for a 'round' sound focuses the tone and has less affect on the vocal chords.

My doc told me singers need to drink 8 glass of water per day to thin the mucus. Also avoid coffee & some teas.

If possible, have a couple of sessions with an Alexander Technique practitioner. I'm of the opinion that, excluding medical conditions, your problem is caused by residual tension & (sorry) incorrect singing.

One thing you can do right now is sing the 5 or 6 songs you plan to start with -- all on 'boh, boh' boh', looking in the mirror to be sure your shoulders are down/relaxed, that your head is in a neutral position (chin not lifted), that you are pursing the lips slightly in a round 'o' shape. The 'b' helps move the voice forward, the shape helps focus the tone, your observation in the mirror helps you become more aware of your typical habits. In particular, do this on the phrases that go up to the high notes that you speak of -- I'll bet you dollars to donuts that you will see yourself stretching.

When going 'up' to a note, you need to 'picture' it beneath you, not above you. Practice this by singing the phrase on 'boh boh boh' with a good shape and BEND YOUR KNEES as you travel up to the note. Also work on singing more 'legato' - with a sense that the PHRASE is fluid & the pitches are part of that fluidness (sing like you imagine a violin or cello would play the line), and the energy you sing it with never slows... a good way to practice that is to walk forward with purpose as you are singing up the scale. Too often we slow the energy by going up steps, closing the jaw, and stretching.

I hope that helps a little.

Wednesday, November 30, 2005

how do I improve my breathing?

Q - I need someone who can give me some breathing exercises cause I find it difficult to sing a note for a very long time without breathing. (Nigeria)

A - holding notes for longer is exactly much more complex than working with the breath. It's not really about the amount of air you take in, it's about how you release that air and use it effectively. Best way to work on this is:
when breathing in, make sure it's a natural breath, think of the breath as going low & do not lift the shoulders when you are breathing in... when releasing the breath for singing do not engage the diaphram to push it out, or try to manipulate the breath in any way... follow the natural function of the body, by experiencing the rib cage relaxing and the breath moving because of that relaxation... and use this natural body breath to create sound

always initiate the voice gently, as on a sigh -- in other words, float the voice on breath that is already moving naturally and easily from the body,

never push the voice; try to sound like someone else; or yell, scream, whisper; no smoking, minimal drinking; do drink 6 to 8 glasses of water a day; get good sleep

ensure that you are standing naturally, look at something that is at eye level, do not lift the chin or stretch the neck

work on singing lyrical phrases -- singing is all about phrasing... that means the individual notes are less important than the phrase... think of singing phrases like a violin or cello would play them... smoothly, connected ("legato")

work on shaping words effectively - most untrained singers sing with shapes that are wide and flat. Think of singing your words so that the vowels are tall and slim - this will focus the tone and use the breath more effectively

energy is important when singing... when holding a note you need to imagine a forward moving pulse in the tone.... best way to practice this is to walk forward with purpose as you are singing the note... you feel yourself staying underneath the voice more effectively

lastly, placement of the voice is important as well... say 'gah gah gah' now say 'bah bah bah' - can you feel the difference? We want to imagine that the voice begins at the lips... where the 'bah' is... imagine being the opperative word

try singing songs on vowel-based syllables -- boh boh boh, for example, to achieve some focussing of tone and effective placement

that's the best I can do without having you in my studio... these things take time, and experience, and the alert ear of an experienced teacher... in order to understand and practice effectively. Words simply aren't enough to expres the complex skills required to sing in a healthy, easy way.

If possible, take a few lessons with a qualified, experienced teacher of vocal technique... perferably the Italian method... but whatever the method, it should always work on you singing with your voice most effectively with minimal effort. Naturally. Healthily.

cheers
Hummin'bird

Sunday, November 20, 2005

singing on key

Q: - How do I improve my voice? I've noticed that people singing live nowadays aren't singing very well - maybe that's because, when artists record now, they don't need to sing in tune because the auto-tune software will correct it so the recorded product is perfect. I don't want to have that problem.

A - Definitely this is one area where I believe technology simply cannot take the place of adequate vocal training & consistent practice to hone and maintain vocal muscle.

Any musician would tell you that it takes years of practice to become proficient and creative instrumentalists... unfortunately many people don't have the same view of the voice... and the strain of consistent performance, flying, and lack of training becomes an issue... that's why there has been a proliferation of artists lip synching.

Unfortunately there are not that many voice teachers who actually have made a serious study of vocal technique. My recommendations, if anyone is looking for a teacher is, make sure they have adequate training; that they incorporate a philosophy similar to the Alexander Technique; that their 'method' works with you, the singer, and is not forced upon you (you define the method); that the teacher is also a singer/performer & continues to work with their own coach; and lastly, that the approach never varies in terms of vocal health and ease in singing being vital.

In addition, even a trained singer will have vocal issues if they don't work on cleaning up unhealthy/unclear speech habits... we tend to spend many more hours talking than we do singing, and we often bring those habits into singing - to the detriment of the voice. I personally can't bear the 'mumbling' and 'forcing' that seems to be popular singing today.

One of the culprits is the Idol shows, who put 'having a big voice' above artistry - you gotta have a kickass chorus that borders on the top of the singers range, so they grind away in the bottom of their range in the verse - and you can barely hear them - and then they shout the chorus out. I'm sure several voices came periously close to permanent damage during the series.

This one of my biggest issues with the music industry - find 4 beautiful people and make them a band. How is that artistry? How do they even have an instrument that is toned fine enough to express what comes from the heart? They don't, in my opinion - and I believe the public is feeling that they want something more authentic.

One other thing, while I'm on the subject... is people seem to get the idea that because another singer sang a song in a certain key, that key is the key, and changing it means you aren't as good. The fact is, voices are very different, and if you had 20 artists record the same song, you'd get a variety of keys. You must sing the song in the key that suits your voice. Also, unfortunately, just because we love a certain song... doesn't mean that it suits us. Choosing your repertoire wisely is very important to your success as a performer (and also, again, for your vocal health).

Okay, I'll get off my soap box now! Until next time, LOL.

Wednesday, October 05, 2005

How do I get started planning a tour?

Q: I have seen that numerous bands go on tour, and it increases their popularity - how do you do it? I am perplexed - NY

A: hmmmm let's see...

What is the purpose of touring? To sell CDs.

-Who is the audience for my CD
-Where do they hang out
-How do I contact those places
-Do I have a Press Kit
-Do I have transportation
-Once I'm booked, do I know the local paper's & radio stations, do I have my press release & sample CD ready to send
-How much am I willing to work for... how far will that go... who keeps the door, do I get a share of the bar... where do I stay.
-If I were you, I'd start small touring nearby towns, playing festivals, get your feet wet.

-use songwriting boards and other communities to help you scope out the locale

These are just some ideas - do some research on the net - there's plenty of expert musicians and others who share their expertise! 'Indie Bible 'might help too.

how do I write a good bio?

Q: I need tips on writing a bio... how should the bio be formatted? Should there be name and addy at the top along with phone number...
~~
A: Good question! I write this kind of stuff all the time - think of the bio as a 'one sheet' - and write it like a newspaper story. newspaper stories are writeen like pyramids - the most important info is at the top. Limit yourself to 3 paragraphs max. Definately your contact information should be above or below (contact information should be on everything) the bio. Keep the format simple & easy to read.

As to what's in it... remember that this bio is part of your marketing... without being hard sell.For me I'd want my bio to reflect who & am and what I do... and also, in some way, how I do it differently - and perhaps how successful I'd been with it so far. Avoid gushy language that says how great you are.

There's some good articles at:
http://www.bob-baker.com/musicpromotionblog/index.html

If I can quote Barbara Cloyd - "when you approach people to get bookings, try to remember that to them you are just a speck in orbit around them and not the center of their universe. If you think about what they need and approach them from an angle of "here's how I can help you" rather than "here's how you can help me" it is much more effective."

She also says this: "When I sit down to go through that pile of submissions on my desk, here's what I want to know:· What kind of music do you play? · What type of image do you project? · Where have you played before? · With whom are you or have you been associated? · What do other people say about you? · What do you sound like? "

For more of Barbara's great advice, link to
http://www.barbaracloyd.com/articles.htm

If I can add to that, besides getting someone to proof your bio before you send it out - make sure it is easily understood by others.... get some help if need be, this is an important sales tool for you as a musician/songwriter/performer.

Tuesday, October 04, 2005

what goes into a press kit + CD packaging

Q: What's in a Press Kit? How professional does the demo jewel case and CD label have to be?
~
A: don't bother with fancy wrappings and jewel case inserts if you're submitting to record labels. They're only interested in the music.

Press Kit:
here's a helpful link:
http://www.vocalist.org.uk/press_kit.html

Don't take my word for it, research further, but here's some general notes:

- a professional headshot (I got my headshot done, I scanned it in, I print it off myself on good quality photo paper). Think about what you want the photo to say -- image is crucial in pop music... get make-up & hair done, pick clothes approporate to that image -
- a "one-sheet" bio
- lyric sheets
- copies of press clippings-
- make sure every piece of info has full contact info - paste a label on the back of the photo if need be
- CD with tracks clearly marked & full contact info
- in a jewel case is fine, but no wrapping.
- any info on CD sales, fan base, upcoming tours, etc

don't forget the all-important cover letter when sending it out.

resources for touring BC

Q: I would love to do a show up there in B.C. can you possibly help or point me in the right direction. I am looking into the spring 2006 as I should just be releasing a new album. Let me know if you can help. ~ Montana
~~
A: A good resource to start with might be Music BC's directory... it lists BC radio stations, venues, etc. I don't know what it costs, but here's their contact info...
Music BC, #501 - 425 Carrall St Vancouver, BC V6B 6E3 Canada
Telephone(604) 873-1914

If you're a member of a US musician's union, contacting the one up here might help -
http://www.vma145.ca/

since you play acoustic... you might fit folk/world... here's a local org that organized fesitvals -
http://www.folkalliance.net/

if you're interested in playing colleges/universities -
http://www.naca.org/NACA

good place to list your show dates -
http://livemusicvancouver.com/?&PHPSESSID=4be11da9d8923ddee7b64060bf7dec3d

It's US, but check out Seattle's 'Bumbershoot' festival -
http://www.bumbershoot.org/