If you are doing a recording project in the music business, you will want to know about mechanical licenses. No matter how small a “run” of your project you print or make available for download, you need to understand the legal and ethical responsibilities you have to the publishers of your songs. Here’s a simple summary from the Harry Fox site:

If you are manufacturing and distributing copies of a song which you did not write, and you have not already reached an agreement with the song’s publisher, you need to obtain a mechanical license. This is required under U.S. Copyright Law, regardless of whether or not you are selling the copies that you made.

You do not need a mechanical license if you are recording and distributing a song you wrote yourself, or if the song is in the public domain. If you are not sure if the song you are looking to license is in the public domain, and therefore does not require license authority, we suggest you use the search on www.pdinfo.com.

How much does a mechanical license cost?

The current US statutory mechanical rights fee is $.091 (9.1 cents) per physical or digital copy. That 91 cents is to be divided among all publishers, who then distribute to their writers according to the contract they have with the writers (not your job to do this). So if you want to buy a license for, say,  5oo physical plus 500 digital copies, you’d divide $91 among all publishers per song on your project. In addition, if you obtain a license through Harry Fox, there is a small processing fee.

How do you get these licenses?

Your record label or label rep has to obtain licenses either directly or through the Harry Fox Agency if the song is licensed there,  from each publisher /co-publisher of the song. Yes, that’s the tedious part… your label must contact and obtain mutually signed  mechanical licenses from all publishers who own each separate song. Fyi, publisher info can be obtained by asking the writers.

When do you need to get these licenses?

The label should pay for a mechanical license for each song before they are sold. The label would estimate how many digital or physical units they would want to sell at first (many times 500 of each) and pay $ .091 (for 1000 units the total for each song would be $91) to split between publishers (who then split it with their songwriters).

Information you’ll need to collect for each song:

• Writer and co-writer name(s), PRO(s) [BMI, ASCAP, SESAC, etc), percentage(s) and addresses
• Publisher and co-pub name(s), PRO(s), percentage(s) and addresses for where to send payment

Other random FAQ's about mechanical licenses:

• Licensor= Label rep would be whoever represents the record label.  Licensee= the publisher of that particular song.
• Yes, you need a license form for each song, even with the same songwriter and publishing co.
• No, the songwriter does not sign the license… the publisher does. The agreement is between label and publisher.
• The label would then pay the publisher the mechanical license fee.
• How the songwriter gets paid...  the norm is that the pub company will split mechanicals with the songwriter, according to the contract they have between them. This is not the label's responsibility; it's the publisher's.

What does a typical custom mechanical license  (not Harry Fox) look like?

When a record label approaches me concerning one of my songs, I give them any co-pub information so they can contact those publishers, and I issue this for my own publishing company. I got this form from an independent record label, btw:

*******************************************************************************************************

ONE-TIME FEE CUSTOM LICENSE

License Date: x/xx/xxxx

Licensee:                                                                                 Licensor:

name  of record label rep                                                 name of writer, c/o name of Pub company

street                                                                                        street

city, state, zip                                                                       city, state, zip

The Composition(s) covered under this License, as well as the total amount due per song per use, are listed in the table below.

Label copy/Copyright notices for each Composition:

Title of song, writers and co-writers

____________________________________________________________

____________________________________________________________

(c) Copyright xxxx. Names of publishing companies All rights reserved. Used by permission.

License Provisions/General Rights For All Uses:

1.       In connection with your exercise of the right and license granted herein, you shall have the right to make a musical arrangement of the Composition(s) to the extent necessary to conform the Compositions to the style or manner of interpretation of the performance and/or publication involved, provided however, that any such arrangement shall not change the basic melody or the fundamental character of the Composition(s). You hereby transfer and assign to Publisher(s) all rights, title, and interest in and to any such arrangement.

2.       Licensor hereby warrants and represents that it possesses full right and authority to grant the rights and license herein described for the percentage of each Composition owned or controlled by said Licensor. Licensee warrants and represents that it is the rightful owner or lawful assignee of the owner of the master recordings, if any, to be made and distributed pursuant to this license.

3.       In the event that you fail to pay royalties to Licensor on all copies manufactured and fail to remedy such default within thirty (30) days after written notice given to you by certified or registered mail, this agreement and all rights herein granted shall automatically terminate and such termination shall render either the making or distribution of copies of the product(s) for which the royalty has not been paid actionable as acts of infringement under the United States Copyright Law.

4.       This license is limited to the rights expressly granted herein and does not authorize any use of the aforesaid musical Composition(s) not expressly set forth herein. By way of illustration, but not limitation, this license does not include the right to change, arrange or adapt the lyrics or music, or alter the fundamental character of said musical Composition(s) or to use the title thereof as the title or sub-title of the product(s).

5.       You agree to identify the Composition(s) on your project as detailed in this license.

6.       Licensor shall have the right to inspect and audit your books and records relating to transactions involving the rights granted herein upon reasonable notice.

7.       All rights not herein specifically granted are reserved by Licensor. All rights granted here in are on a non-exclusive basis.

8.       The Territory covered by this license is the United States only.

9.       If Licensor license less than 100% of a composition to you, it means that there are other owners of the composition that Licensor does not represent.  It is your responsibility to secure permission from these publishers directly.

10.     The term of this license shall be a one-time manufacture and eventual distribution of the number of units stated herein. Upon the expiration of this license, all rights herein granted shall cease and terminate, and the right to make or authorize any further use or distribution of the product(s) made hereunder shall cease and terminate.

11.     This agreement shall be binding upon the heirs, legal representatives, successors, and assigns of each of the parties hereto. The rights granted herein may not be transferred or assigned by you to any other party without written permission from Licensor.

12.     This license constitutes our entire agreement and cannot be modified except by written instrument signed by both parties. This license shall be construed and interpreted by the laws of the state of Tennessee applicable to agreements wholly to be performed therein.

Mechanical License Provisions (if applicable):

1M. You are hereby granted the non-exclusive right and license during the term of the United States Copyright in the Composition(s) to make and distribute the following phonorecords embodying a single performance of the Composition(s):

2M. As used in this agreement, all terms and phrases, including the word “phonorecord” and the phrase “made and distributed” shall have the meaning ascribed thereto in the United States Copyright Law and the regulations properly adopted in connection therewith, unless otherwise specified or defined herein.

3M. For phonorecords manufactured and distributed in the United States the royalty rate payable is the statutory mechanical rate.

By signing below, you agreed to abide by all of the terms of this agreement.

Agreed to:

LICENSOR (Name):

By: ____________________________________________________________________

Date: _____________________

LICENSEE (Name):

By: ____________________________________________________________________

Date: ________________________

****************************************************************************************************

If you would like a blank copy of a mechanical license as an MS Word doc or Excel file , let me know where to email it.
Creating a win-win situation for the artist/label and the writers/publishers keeps great music rewarding for all. Understanding mechanical licenses for music projects is information every record label, songwriter and publisher should have.

If anyone has any other questions or can offer any other information about mechanicals, I welcome your comments!

There is nothing that will fast-forward a vocal learning curve like having an experienced vocal coach/vocal producer in the studio with you. This works for new singers as well as veteran singers who want  to advance their studio technique.

It’s best to get one or more pre-production lessons before going into the studio. That way you save a little studio time getting up to speed. But if you’re on a tight schedule or deadline, you can go ahead and meet your vocal coach at the studio.

The way I like to work is to warm you up before actually entering the vocal booth, giving you tips on things like how to hit the hard notes, soft notes, high and low notes, long phrases, etc. as well as how to “think” as you enter the space of the song, and helping you figure out to whom you should be singing. Then off we go.

When you work this way,  your body may get tired and your brain may get fried but your voice won’t. You have to experience it to believe it. Caution: It is very important not to let the precision required for great studio vocals to get in the way of authenticity and passion. That’s why I recommend pre-production vocal lessons. But you will get a better vocal with intuitive, experienced in-studio vocal coach to guide you than you will any other way.

Also, you must know that there is no substitute for actual studio singing experience. Each time you go in you should be better and it should be easier to get that great vocal. But it is a better use of your budget not to waste studio time without someone to help you when you hit a frustrating point. Food for thought when you’re planning your recording project.

One other thought for remaining budget conscious… and a great idea for all artists no matter how experienced: If there is time, try doing even more pre-production by going into a cheaper studio situation with a vocal coach/producer and practicing and experimenting with studio vocals.  Then when you’re ready,  you’re more than prepared to schedule your final vocals which you will be proud to play for ANYONE.

Less is often more when it comes to recording productions. Space is necessary or you get a mind-numbing muddled sound stew instead of a mind-blowing sound tapestry. This is true in all genres or catagories of musical projects.

Sonic information is best delivered in digestible chunks. Where instruments and vocals DON’T play and sing are as important as where they DO. Space can create a wonderful anticipation and draw the listener’s ear into rapt attention. There are many ways to achieve this space, such as

• Drop some instrumentation. At certain points (verse, breakdown chorus are common places), pare the instrumentation down to just an instrument or two or percussive rhythm. When instruments come in, they should do so without stepping on each other or the vocal. This space should help with creating dynamics that bring authentic emotion to the recording.

• There should be a consideration of frequencies instruments are playing. Too many instruments in the same frequency range sounds like jumbled up noise instead of music.

• Studio musicians should compliment each other in a team effort, not play like soloists vying for attention. A well-chosen, pro studio band doing this is a beautiful sight to see and hear. They communicate with each other and strive for creative, yet well-coordinated efforts, guided and encouraged by a good band leader and producer.

• Make sure background vocals are arranged in a similar way… to enhance the production, not to take attention away from the lead singer. Instruments playing licks, where the actual chord changes take place, how many layers should be sung for effect, etc. and the sound needed for the genre itself need to be taken into account. Sometimes it’s best NOT to do a three part chord and substitute octaves, unison or duet treatment to a part of the song. This also gives the feeling of space. Correctly done, a production is greatly improved by strategic background vocals. Too many of them or having them in the wrong places can kill a production. Most of the time, btw, its best to get a veteran pro background singer to create strategic arrangements, subject to you and your producer’s approval.

• Limit vocal licks. Lead vocal embellishments (scats, licks, melodic variations) should be used with discretion. Gifted recording artists- especially great voices- need to be watched over by a discerning producer to make sure any vocal embellishments enhance and do not distract to deliver the authentic emotional performance. Too many licks numbs the listener’s ear and heart.  I know you’re good, but space, please.

• Get a mix with space. Your mix engineer should, among other things, take care not to “wad everything up in the middle” when mixing the tracks. An expert mix engineer will know how to space and pan things, assign the right space-making reverb plates and eq and edit out anything that conflicts.

Music without space is just noise. Spread out.. give time… make room for the song to breathe. Create a sonic tapestry that begs to be played again!

*Helpful tip:

Recording your voice? Sign up to my newsletter on the form you’ll find on the Judy Rodman Productions home page and I’ll send you a phree 5 page report on vocal health to be in top shape for performance. You’ll also get vocal tips, music biz news, links, contests and more.

There is a step past the mix of your project that really should be done. It’s called audio mastering.

What is it?

Quoting from a great article at Wikipedia, some of the things a mastering engineer can do to a sound recording include:

• Transferring the recorded audio tracks into the Digital Audio Workstation (DAW) (optional).
• Sequence the separate songs or tracks (the spaces in between) as they will appear on the final product (for example, an audio CD).
• Process or “sweeten” audio to maximize the sound quality for its particular medium.
• Transfer the audio to the final master format (i.e., Red Book-compatible audio CD or a CD-ROM data, half-inch reel tape, PCM 1630 U-matic tape, etc.).
• Editing minor flaws
• Applying noise reduction to eliminate clicks, dropouts, hum and hiss
• Adjusting stereo width
• Adding ambience
• Equalize audio across tracks
• Adjust volume
• Dynamic range expansion or compression
• Peak limit

What difference does audio mastering make?

I can explain it best by using a current commercial for “Claritin” allergy medication. They show a blurry screen and then focus it up till the images are perfectly sharp and clear, representing “Claritin clear” of allergy symptoms. When you properly master a recording, the results should sound like a much bigger “sonic envelope” of sound. The mastering engineer can tweak the mixed audio until the comparision would leave you never wanting anything other than a mastered mix ever again.

I just had my pop client Emil Bishaw’s project mastered at Masterfonics by Tommy Dorsey.  After hearing the difference in the sound between the final mix and the mastered final mix, Emil’s financial investor is absolutely thrilled that we took this last step.  Tommy Dorsey masters projects for some of the biggest artists and major labels in the world. He and other mastering engineers at this level of expertise and experience are expensive. (At the moment, his mastering fee is $250 per song) If you can’t afford it ask your producer or engineer to advise you on cheaper ways to get this done. If you want to hear the difference, get someone to play you the before and after. It is amazing.

Note of Clarification: People get mixed up about this word “master” which can refer to several completely different things:

• Audio Mastering: Explained in this post, the clarifying and maximizing processing done to a final mix.

• Master scale: This is a recording rate  set for musicians and singers through the musicians’ union (AFof M)  and the singer’s union (AFTRA).

• Master recording: This is the final audio file of the completely processed (mixed and mastered) original recording that can be used for duplication.

The recording studio can present a frustrating situation: It’s a place you should be trying for the best vocals you can possibly get, but it’s one of the hardest places to do so. Why? What can you do about it?

• It requires perfection. Recording equipment is now so sensitive, it picks up everything… you can’t get by recording vocals with mediocrity without it mattering.  So the pressure’s on.

What can you do?

Make technology work FOR instead AGAINST you. Ask for help if you are not hearing well through your headphones. Some people (like me) like to have a little reverb in the “cans” to help them support their voices. Make sure you try taking half an ear off, which helps you hear your voice acoustically in addition to the sound from the phones. Make sure you have the instruments you need, and nothing you don’t need. And here’s the best part… remember that the great thing about recording is that you can punch in! Your engineer will also be able to help in other ways when you need it (flying, tuning, editing… should be done with discretion by an intuitive person at the helm).

• It’s missing a vital element of performance… the audience! This means you’ll have to summon some acting skills… you must communicate to someone who in all likelihood is not present. Otherwise, your voice really is just faking it, because it has no clear goal. And don’t think this is just a problem for beginners… seasoned, successful live singers are often frustrated because they can’t get the magic of live performance into the studio.

What can you do?

Use your imagination! Think about your lyric… who are you supposed to be singing to? Make that person the only one who exists when the engineer hits the red button. Also use your body language. Believe it or not, it will help in many ways. Try talking the lyric a couple of times… make it sound like you are NOT reading it. Then sing it with the same passion and nuances of expression.

• The music stand in the vocal booth is placed counter-productively… usually right in front of you… between you and the mic. This makes it easy to lean your head forward… sabotaging breath and contributing to a tight throat. It’s very hard to sing while subtly “pulling back”, which you need to do for best tone and control.  Also…

What can you do?

Move the music stand! Either move it to the side and back so you can get your feet more under the mic, or take it away entirely (you’re not reading your lyric while recording vocals are you?)

• You’re facing the control room. This makes it too easy for you to have your attention on the people in the control room instead of on the person you need to sing the song to.

What can you do?

Ask your recording engineer, if possible, to reorient the mic so that you can at least face a corner instead of head on into the control room. Also, ask for the lights to be dimmed… in your recording booth and even consider asking for lights down in control room if it continues to be a visual distraction for you.

• You’re told to push more, go for it, use more power, etc by your well-meaning producer. You interpret this, if you don’t know better, to mean … push breath!

What can you do?

Reinterpret the command for “more” to mean: More passion- NOT more pressure! Use your face and body more, but don’t push your voice. Open your mouth more, use your eyes and hands, go deeper into talking to your audience. Keep your head back and chest out. Best advice I can give: Try to get a vocal producer to conduct your lead vocals.

• You’re paying by the hour. This alone can set up tension and worry… all counterproductive to good voice.

What can you do?

PLAN your recording project! Make sure you practice your songs til you are confident with them, getting vocal lessons as needed. Make sure you budget enough time to get your vocals the way you want … remembering that it may take a few passes until your voice settles into it’s best form. I like to allow anywhere from 1 to 3 hours per song, especially giving extra time for the first song of each vocal recording day. If your starting budget reflects the cost of the most important part of the process — recording vocals — you will not stress about it and can focus much better in the moment of the song.

What other frustrations have you experienced in the vocal booth?

This post is for your music promotion and marketing.

If you want to see a survey of radio programmer’s preferences, check out the first pdf article at GrassRootsPromotion.com website. The information was gathered from country music stations and is a year old, but it might be of interest for artists in other musical genres as well. The survey gathered answers from radio station programmers to questions including:

• What’s your preferred source  for new music?
• Are you interested in receiving custom station ID’s & other greetings from artists?
• How do you feel about artists visiting your station and acoustic performances?
• Are you interested in online promotions through your station website including banners, ringtones, mp3 downloads, games, etc?
• As you review new music, how important is it that you receive a physical cd single?

Again, here is the link to the series of articles. Then click the the article you want to read. You might want to check out some of the others there as well.

Any thoughts on this or additional information, please comment!

New artists recording for the first time and veteran artists who’ve been there and are trying to launch a project in today’s music market atmosphere have questions because so much has changed. There’s no magic bullet, I’m afraid… here’s what succeeding as a singing artist takes:

• talent/ability,
  
• research/knowledge,
  
• training/practice,
  
• commitment/passion,
  
• energy/health,
  
• persistence/positive atitude,
  
• teamwork/support and
  
• adequate funding… understanding money spent must be looked at as a gamble, not a sure thing that your career will “pay it back”.
• There’s also, quite frankly, luck/fate involved. But the previous requirements are in your hands.

With those things in place, here are 9 tips to help you get your career in music going:

1. Reach out and network with people. Understand the principle of the “six degrees of separation” You don’t know who could help or know someone else who could help you unless you ask – and the only dumb questions are the ones you DON’T ask.
2. Perform in your area and develop a local, then regional following and you would have more credibility talking to people, plus make a little money performing.
3. Read up on how music is being marketed on the Internet now. There is loads of information on the internet.  Bob Baker has some good material. Getting a MySpace page has long been the norm for music marketing, but the growing word on the street is to also promote you music through Facebook. There are loads of other online sites and sources you should investigate and study. Do your homework, and/or get someone on your team to help.
4. Check out and consider joining Indie Connect and graze through the great music marketing material they have online and at their regular meetings.
5. Make sure, when you do find someone who will listen to you, that you are singing, playing (if you play), writing, performing your very best. If you need training, get it. If you need experience, go perform everywhere you possibly can.
6. For those of you who want to pursue a professional career in the commercial music business: DO NOT put a bad performance online!! It’s ok if the quality of the audio or video isn’t great, but your performance needs to be stellar. Imagine that someone in the music industry that could move your career forward just stumbled into your site and is checking you out.  If you already have a questionable singing performance online, do yourself a favor and take it off.
7. Make a business plan. If you need money, talk to some investors and/or to someone who could get you product endorsements. If you use your own money, do it wisely and don’t gamble on “become a star quick” schemes. When considering working with someone, check them out through online and personal sources- and finally through a music attorney. NEVER sign anything without passing it by a trusted attorney who specialized in entertainment law! Be sure that you know exactly what a prospective business person can do for you, and exactly what they expect from you.
8. Make sure your personal and music goals can walk together. Talk to your family and consider the impact of your commitment to your music to your life… best to get this done at the very front of your planning efforts.
9. Plan and proceed with your recording project, making sure as you budget your resources that your primary focus is the best vocal performance you can do, and secondly that you have the best songs you can get. Also, use the very best musicians you can… and pay them union scale, even if that means you hire fewer musicians. Your producer should help you choose the best studio and engineer for your needs… and your project will end up as something you can be proud to play for anyone – and put online to make a great statement about the kind of recording artist you are.

What can you do about lady luck and father fate? Be prepared … with the ability and the goods to jump through the windows of opportunity they raise!