You Don't Need A Record Deal

As the music industry continues to change and technology continues to grow, more and more artists are staying independent.  You may wonder why an artist would want to stay independent instead of signing a record deal.  As an independent artist I will say that it is nice being the only person in control of my music.  In a record deal the artist loses all of the power, while the record label executives, publishers, and distributors become the ones with all of the power.  The artist will also loose a great deal of profit from his/her own music. 

Yes, there are artist who make millions of dollars every year because they have a record deal with a major label.  However, imagine how much these artists would make if they owned the rights to their music and were able to keep the majority of the profits.  For the artist that would prefer to chase their dreams alone there are many routes they can take.  Today I will be focusing on publishing and distribution.  It has become much easier for an independent artist to publish and distribute their own music while maintaining the copyrights. 

Print On Demand companies have become a new music industry trend for independent artists.  According to (Renegade Producer, 2016), “Independent music distribution and the self-distribution model offers you a way to make your own music available to potential fans without handing over the rights to your music to a record label.”  What is the easiest way for an independent artist to publish and distribute their music to potential fans?  Print on demand companies such as CD Baby and Tunecore are a great tool for independent artists looking to sell their music.  With sites like these the artist maintains control over the rights and is only required to pay a low registration fee and very small commissions.  For example, with CD Baby you can register an album for $89 and CD Baby will basically do the majority of the work from there.  They will affiliate you as an artist with the performing rights organizations along with registering your songs with the PRO’s so that you can receive royalties from the use of your music.  They will also distribute your music for you physically and digitally worldwide to help maximize your reach.  They do all of this plus more for only 10% of your sales.  For an independent artist, this means that you get to keep 90% of the money you make.  You won’t have a bunch of other hands dipping into you revenue. 

For independent artists, these print on demand companies are like one-stop music shops.  With the PRO registration you will also gain another source of revenue.  Every time someone streams or uses your song, you will get paid.  Knowing that you are in control over you own music will definitely make your life as an artist less stressful and bring you a higher return on the music you work so hard to make.

References:

Renegade Producer (2016).  Discover Independent Music Distribution Options for Electronic and Dance Music Producers.  Renegade Producer.  Retrieved on May 18, 2016 from http://www.renegadeproducer.com/independent-music-distribution.html

CD Baby (2016).  CD Baby Pro: Boost you income.  CD Baby.  Retrieved on May 18, 2016 from http://members.cdbaby.com/pro.aspx?gclid=CN-V_aj-48wCFQkyaQodFqkHpA

Legal Issues

Today I will research and discuss three different recent legal issues that have occurred within the music industry.  The music industry as a whole is always facing struggles all around.  Copyright infringement has been a huge issue throughout the industry, but it’s not always just someone illegally downloading music.  Sometimes the infringement comes from within the music industry. 

For example, in 2015 Osama Fahmy sued Jay-Z over his 1999 hit song, “Big Pimpin.”  Fahmy claimed that Jay-Z had illegally used a part of his uncle’s (Baligh Hamdi) 1957 song entitled, “Khosara Khosara.”  However, the judge about a week dismissed the case later and Jay-Z was able to come out victorious.  According to (Carroll, 2015), “The judge ruled that Egyptian law did not apply and that the case should not go to a jury.”  This was a relief for Jay-Z, as he was now off the hook.  However, illegal sampling does occur almost every day within the music industry and it does need be put to a quick stop.  I you would like to use a sample from someone else’s work, you should obtain the proper permission to do so.

Taylor Swift faced a similar situation for her song, “Shake It Off.”  Jessie Braham sued Taylor Swift claiming that her song was an infringement and copy of his song, “Haters Gone Hate.”  The judge compared the two songs and decided to dismiss the case because she did not find the two songs to very similar at all.  I actually listened to both songs myself and do not understand where Braham’s accusations came from.  The two songs are completely different with no true similarities.  The only similarities are that both songs talk about haters hating, players playing, and fakers faking.  The wording is even different in both songs.  I agree with judge Gail J. Standish that the songs do not have enough similarities to pursue the case.

The third case that I have chosen to research for this blog is a little different from the first two, but just as important.  Almost everyone knows that copyright infringement occurs almost daily, but do not realize that trademark infringement occurs and is also a big issue in the entertainment industry today.  Will.i.am has sued Pharrell Williams over a trademark issue.  Will.i.am feels that his trademark “I Am” and Pharrell’s trademark “i am Other” are too similar.  For many people this would not seem to be an issue and most would not understand why this was brought up in the first place.  However, a trademark is just as important, if not more important, than a copyright.  The trademark is a brands signature.  It is what we know them by.  If someone else’s trademark closely resembles another it can hurt the original brands business and cause much confusion. 

References:

Carroll, Rory (October 21, 2015).  Jay Z wins copyright infringement case over Big Pimpin’ Egyptian song sample.  Guardian News and Media Limited.  Retrieved on April 7, 2016 from http://www.theguardian.com/music/2015/oct/21/jay-z-wins-copyright-infringement-case-big-pimpin-sample

Rizzo, Kevin (November 13, 2015).  Judge Shakes Off Suit Against Taylor Swift Using Her Lyrics.  Law Street Media, LLC.  Retrieved on April 7, 2016 from http://lawstreetmedia.com/blogs/ip-copyright/judge-shakes-off-suit-taylor-swift-using-lyrics/

Blistein, Jon (June 26, 2013).  Will.i.am Takes Legal Action Against Pharrell's 'i am OTHER' Brand.  Rolling Stone.  Retrieved on April 7, 2016 from http://www.rollingstone.com/music/news/will-i-am-takes-legal-action-against-pharrells-i-am-other-brand-20130626

Effective Negotiation

At the end of the day, any negotiation is about getting all parties involved to say, “Yes.”  There are many ways and different techniques to get to this ultimate goal.  However, the negotiation is not very productive if we don’t get what we want in return. 

The podcast titled, “Entrepreneurship -Part 7: Negotiation” covers many different negotiation techniques and principals.  However, I would like to focus on using objective criteria.  This can be very useful and necessary to avoid the parties arguing about their positions.  To avoid conflict in a negotiation, you can bring in a set of third party standards or criteria.  This can include things such as industry norms and standards.  Instead of battling over who is right and who has the best position, you can use objective criteria to set a standard to work from.  This can help with any aspect of a negotiation to include price and the amount of time a job can take.

            From the next video that I watched in regards to avoiding conflict in negotiations titled, “HandlingConflict in Negotiations” I will focus on how to “Separate the people from the problem.”  In many situations, the best way to avoid conflict is to focus on the problem and remove the people and emotions from the situation.  The speaker in the video discusses how personal emotions can ruin the chance of an agreement and ultimately ruin the relationship all together.  He talks about how we need to be “Hard on the problem and not the people.”  Once we are able to remove emotions from the negotiation we are able to come closer to an agreement that solves the problem and benefits all parties involved.

            The next video that I have chosen to view for this blog is titled, “BATNA – Negotiation.”  In order to understand how this can help us to the “Yes” that we are looking for, we must first understand what a BATNA is.  BATNA is simply the Best Alternative to a Negotiated Agreement.  The speaker defines this as, “A comparison of your options.”  The speaker uses a continuing example of a salesman trying to sell a car and how you need to analyze the individual interests.   In every situation you need to know what you best option is.  Maybe your company can perform the task instead of outsourcing with the other party of the negotiation.  We also need to determine what each party’s interests are in the situation.  In a situation of getting paid now or later for a product or service, most would rather have the money now.  However, it’s not always that simple.  What if you could have $25,000 cash today or $30,000 a week from now for the same product or service, which would you choose?  Now, that changes the game.  You now have to look at your needs and interests to determine which is better for your company.  If you need the money now, you only have one option it seems.  If you need more money and can wait, then you wait.

            Negotiations may not be easy or cut and dry.  However, there are always many different ways of avoiding conflict and getting to the bottom line.  I have only discussed a few of them here in this blog post.  In my opinion these are some of the most helpful tools in negotiation.  You always have options and interests; at the end of the day it all depends on what is best for you or your company.

Homeless Veterans

As we all go about our daily lives with little to now worries, there are thousands of our nations veterans that don’t even have a place to call home.  For many Americans, this may not seem like a problem that needs solving.  However for those who have served, or are close to those who have served, this is a huge problem.  As young men and women they answer our nations call to service and selflessly serve our nations in land all over the world.  While answering our nation calls for defense, we put our lives on hold to travel to distant lands where we face unimaginable odds.  While most of us make it home, some do not.  In America today, none of this seems to bother most Americans.  I have answered our nation call twice now, and now have a greater respect for life and a stronger desire to help others.  However, when we return home we face even more struggles, as if the war never ends for us.  We fight to live a normal life, but life after the military is not easy and money does not grow on trees.  According to (NCHV, 2015), “The U.S. Department of Housing and Urban Development (HUD) estimates that 47,725 veterans are homeless on any given night.”  If that estimate does not keep you awake at night trying to mastermind a plan to end this, then there is something wrong with the way you think.  I personally don’t feel that there should be anyone sleeping on the streets on any given night, but definitely not our nations defenders.  Since leaving the Army back in 2009, I have tried to find a solution.  I have been homeless myself since my release from the Army, so I understand this struggle more than most.  As I move forward with my life, I am working on starting a record label, Battle Mind Records, from which I will use the profits to help put an end to homelessness among veterans.  I will use my label to help raise awareness for the issues veterans face everyday and use the profits to help find solutions.  This is my life’s work, to serve those who have served.  We must work together as a nation to find a solution, who will join me in this fight?

NCHV (2015).  FAQ ABOUT HOMELESS VETERANS.  National Coalition for Homeless Veterans.  Retrieved on January 8, 2016 from http://nchv.org/index.php/news/media/background_and_statistics/

Autonomous Robotic Weapons

I chose to watch a video from Ted.com called, “The kill decision shouldn't belong to a robot,” by Daniel Suarez.  I chose this video because I found the title to be very interesting, as I have spent over 7 years in the U.S. Army.  Daniel Suarez is speaking on the use of autonomous robotic weapon systems.  These are systems that function without being controlled by humans.  His main point is that we should not allow autonomous robots to be able to make the decision to kill without a human.  I feel that the goal of his speech is to both educate and persuade people to agree with his position on this matter.  He is talking about something that most people, outside the military, know absolutely nothing about.  He talks about how the use of these weapons could change the entire social landscape.  Before we begin to employ weapon systems such as these, we must first understand how they could impact the world around us and how we, as humans, make decisions and work with each other to attempt to gain world peace.  The effects that could be brought on by these weapon systems could be completely catastrophic.  In the video (Daniel Suarez, 2013) states, “The way humans resolve conflict shapes our social landscape.”  He speaks on both the pros and cons of autonomous robotic weapons.  He also goes into more depth on the possible cons of these weapons systems.  There may be many great uses for un-armed weapons, but not to the point that they can completely make their own decisions.  I feel that the way he approached this particular topic, shows that he has a great deal of knowledge of these weapons systems and the true power that they can harness.  I also feel that by educating the audience on this topic it will help to persuade others to agree with his position. 

Suarez, Daniel (June 2013). Daniel Suarez: The kill decision shouldn't belong to a robot.  Ted.com.  Retrieved on November 29, 2015 from http://www.ted.com/talks/daniel_suarez_the_kill_decision_shouldn_t_belong_to_a_robot#t-780609