Sunday, March 27, 2011

Music & the Law Pt. 2

I have been taking an Entertainment Law class at Full Sail University. It has been interesting to learn about trademarks, copyrights, and the protection of intellectual property. The blog entry will stand to share what has been observed and learned throughout this course. This article is written in hopes that it is of assistance to any reader who is searching for understanding in the entrepreneur and entertainment worlds.


In a recent podcast from Entertainment Law Update, they talk about Subway’s use of the word “footlong”, and how the submarine sandwich company has attempted to gain a legal trademark of the word. Subway is not the first to sell or distribute submarine sandwiches that are approximately twelve inches in length. In a recent court case, an independent Iowa restaurant has filed suit against Subway for sending them a “cease and desist” order for using the word “footlong” to pertain to their sandwiches. The courts have decided that “footlong” is a general term and in fact cannot be trademarked. The podcast agrees that Subway could have a valid claim in registering the trademark “Five Dollar Footlong” (or “$5 Footlong”), but not in the regular word, “footlong”. The podcast also makes a valid point in explaining that when you hear the word “footlong”, you may think of a hot dog instead of a sub sandwich. It is interesting to note that the US Patent and Trademark Office has denied Subway’s application to file the word as a legal trademark against other restaurants.


In the entertainment industry, there will always be someone ready to make “bogus” claims in the fight against copyrights. Subway is not alone n this issue. Suffolk University’s “Intellectual Property Law Podcast Series” brought to my attention a case of the US v. the American Society of Composers, Authors, and Publishers (ASCAP). It talks about ASCAP considering downloading a song as “public performance” and how the United States disagrees. The US District court has decided that by definition of the Copyright Act, “perform” means “to recite, render, play, dance, or act it either directly or though a device or process”. Downloading is merely a means of delivering the song(s), and is in no way a “performance”. So while sites like Yahoo! are not entitled to paying copyright owners or ASCAP a performance fee, the podcast does mention a reproduction fee that is required through the Harry Fox Agency. In a sense, the copyright owner does not have to worry about how they will get paid, but rather who will pay them.


The same podcast from Suffolk University introduced me to a new case taking its place in court soon. The case of Axl Rose v. Activision, and breach of contract is being discussed as will be sent to trial in January 2012. According to Rose, he only agreed to license Guns N’ Roses music (specifically “Welcome to the Jungle”) for Activision’s Guitar Hero III on the basis that the game would not feature the likeness of ex-band member Slash (born Saul Hudson). Anyone who has played the game, seen the cover of the game, or wants to do a general Google search of “Guitar Hero III” will see Slash front and center on the game’s cover image. According to Rose, he was told the image and likeness of Slash is only for promotional use and would not be used in the final game. The podcast goes on to say that Rose is suing Activision for deception and deceiving him. It is interesting to note that according to Hollywood Reporter, Gwen Stefani and her band No Doubt are also filing suit against the video game publisher for misusing licensed rights.


In conclusion, I would have to say that you should know your limits when it comes to trademarks, copyrights, and licensing agreements. As you dive into the world of business and entertainment, make sure you know what you can and/or can’t do when it comes to protecting yourself and your company. If you don’t need to go to court, stay away from it. But should you find yourself in a situation like Axl Rose, get EVERYTHING agreed upon in writing. Cover all you bases to make sure the next court case we review isn’t you. Until next time, Stay Tuned.

Sunday, March 6, 2011

Music & the Law

Today, the Stay Tuned blog will focus on some pivotal and recent court cases that have impacted the recording industry. The use of intellectual property in music will always be a sensitive subject with some folks. For how can you really put a copyright on a thought or idea, and say no one else can stumble upon the same idea? The music industry is pregnant with various claims of copyright infringement and people who mistake inspiration for duplication.

The first case to discuss is Fantasy Records, Inc vs John Fogerty. For those don't know John Fogerty was the lead singer and songwriter of Creedence Clearwater Revival (CCR) who was signed to Fantasy. In a nutshell, CCR broke up and the only way for John Fogerty to get out of his contract was for him to turn over all his rights to all the songs he wrote for CCR. Later, in Fogerty's solo career, he released "the Old Man Down the Road", which Fantasy decided sounded exactly like the CCR recording "Run Through the Jungle" but with new words. Of course, Fogerty wrote the song, but Fantasy owned the copyright. This cases teaches a few different things besides its outcome that elaborated the standards that factor into district court's decision to award attorney's fees in copyright litigation.

  1. Pay attention to your initial contract and fulfill your obligations
  2. Don't put yourself in a position to sell your "soul" (or rights to your music)
  3. If you have to give up your rights, keep a percentage. Never give all of your intellectual property away.
The next case is more recent and deals with the music industry trying to deal with illegal downloading. Capitol vs Thomas is said to be the first file-sharing lawsuit that went to be tried before a jury. The case shows that Jammie Thomas-Rasset was found liable for infringing songs by downloading from P2P site Kazaa. The RIAA sent a cease-and-desist letter to Thomas-Rasset and a settlement, but she refused to settle. This led to the court case we have before us. Thomas-Rasset was ordered to pay Capitol and the RIAA $222,000. In a retrial by her request, a jury still found her liable and order her to pay $1,920,000, which was later reduced to $54,000. the RIAA would not except the reduced amount and was granted a third trial. The jury awarded the RIAA $1.5 million against Thomas-Rasset.

From this trial we learn, if you are offered a settlement, take it. But seriously, the RIAA and the music industry attacking consumers isn't exactly the correct way to handle piracy and illegal downloading. While trials such as this one may scare a lot of the downloading industry, where there is entertainment you have to pay for, there will always be a way to get it for free. The entertainment industry as a whole combats this by offering interactive content with DVDs and bonus tracks on music albums. I think as technology evolves there will always be a way to cheat the system. Attacking all people who download is like starting a war on all of terrorism...

The next case is the RIAA vs LimeWire, which seems to mean changes to file sharing within the United States. This seems to be the RIAA's backup plan to attacking the illegal downloading. Why attack the user, when you can attack the user's tools? The RIAA in the past attacked P2P site and softwares like Napster, Morpheus, Grokster, Kazaa, eDonkey, iMesh, WinMX, I2Hub, BearShare, Shareaza, and now LimeWire. The other P2P sites could not stand up to the RIAA, and it seems LimeWire may fall to the same fate.

The P2P industry can argue several different points against the music industry. P2P is not all negative. For many students who want to put music to a powerpoint, home video, or other project, isn't it easier to boot up LimeWire and download that one song you need instead of having to search through multiple paid libraries just to find that the song you need is not licensed by that library; or you have to buy a whole album for one song? yes, there are negative uses for the P2P industry, but there are also beneficial uses, especially for the little person who just needs one song from time to time.

In conclusion, the music industry will always have those looking for a cheap way out or who "infringe". While the Fogerty issue is hard to combat unless you have a good lawyer and some sense of reality at your contract signing, there is a way for RIAA to take care of file-sharing. If you know there is a need or desire for something, create it. If the RIAA created its own file-sharing site/software for a reasonable one-time fee, would you participate in it?

Stay tuned...


Sunday, February 27, 2011

Product and Artist Management

I am currently taking a class in Product and Artist Management, I am learning so much. It is helping to open my mind to new possibilities in the world of artist management, and how to properly market your product or artist. The key to being an effective manager is learning how be open-minded and how to explore every possibility in getting your product or artist exposure. You are to always be thinking of what is best for them in the way of gaining interest and later sales. Here are some tips to help you market your artist or product in the entertainment industry.

KNOW YOUR MARKET

Who are you selling to? What is the age range? Demographics? Your thinking should be "who is this product or service best suited for?" With this comes a lot of market research. You should not only know what market you want to sale to, but also pay attention to the trends of the market and to what your competition is doing. This will help ground you and conduct the best strategy on how to get people to buy your brand of product or service.

Paying attention to the competition also gives you the added benefit of seeing their strengths and what is working for them, and also their weakness and where they are lacking. This become the perfect opportunity for you to capitalize on some system they have in place or do it better than them; or also you can find yourself catering to the people or an opportunity that is being overlooked. You see this alot with larger companies. The larger companies have lost their way in the form of looking out for the little man. As a new product or service, this is where you come in to make the little man feel special. But all-in-all, you must know your market.

STRATEGIC VISION AND PLANNING

Being a manager for a product or person is not about having a one track mind. Two key words when marketing your product are: possibility and potential. In the world of management, there is no "can't do it", only "how can we make it happen". At least this should be your focus. An old proverb (Prov 29:18) says without a vision, the people perish. It is imperative in this position that you have an idea of where you are going and how to get there. Hoping for anomalies like being found by a talent scout from live shows, or off Twitter or YouTube are nice dreams. But your vision must be grounded in reality.

Strategic visioning is having a plan; knowing where you want to go and mapping it out. This is very key when you are placing the career lifespan of something or someone else in your hands. How do you expect someone to hop in the car with you if you don't know where you are going? If you are going to control a destiny besides your own, you should learn to do the research you need to effective guide your subject to where it needs to be.

KNOW YOURSELF, THEN KNOW YOUR PRODUCT

Product and Artist Managers have an entrepreneurial aspect to them. They are willing to jump in the fire and fail, and hopefully with research have an even more effective back-up plan. But before you can work and market any object or person, you MUST know yourself. Know your strengths and your weaknesses and use them to your advantage. This can help you leaps and bounds in the long run, and will save you time in how much you fail before you get some success.

After you have done the soul searching and know who you are and what you can handle as a manager, get to know your product or artist. You should should know what/who you are selling more than anyone else, because it is your vision that is essentially being sold. This is where "potential" and "possibility" come in, and knowing the potential of possibility with your product or artist. If you are managing a music artist, you should have a 3-5 year plan mapped out. What will they do to expand their brand? Will they branch of into acting? Will they start a product line (clothes, shoes, perfume/cologne, etc)? You should always be thinking, "what is next"?


Open your mind, and let the research shape your vision. You have a chance with research to do what's never been done before, improve what's already been done, or offer what's being done at a better price or opportunity for the consumer. This is what management is all about: how to sell better. What makes your product(s) or artist(s) better than those already out?

For more information on product and artist management, you can pick up Xavier M. Frascogna, Jr's This Business of Artist Management or Linda Gorchels' The Product Manager's Field Guide

Sunday, February 20, 2011

Interview with Carlis P




The CqE "Stay Tuned" blog recently had the pleasure of interviewing Louisville, Ky artist/producer/manager, Carlis Phillis, also known as Carlis P (or CP). CP is one of the brains behind the Soul LinQ imprint that promotes itself as an independent label and a production company. Let's listen in...


CqE: WHAT MAKES YOU STAND OUT? WHAT MAKES YOU DIFFERENT FROM THE REST OF THE INDUSTRY?


Carlis Phillips: Well, as a manager, I like to say that, I’m an artist manager. I’m for the artist. And it’s not like I have this big roster of artists that I’ve managed. Of course, I've managed the Klientel movement; Adrianne Archie, I'm responsible for getting her moving; you know, pretty much anything under Soul LinQ, I've pretty much had my hands on. I take the approach…. I became a manager, not really wanting to. I just had to assume the position, because we didn’t have the finances, didn’t have the budget to seek outside of our resources. And I ended up doing everything just by default. But I've always tried to instill anything I've learned into the artist. So I've never really considered myself a “manager”, maybe more like a consultant, or a big brother figure, to anybody that was working under me. So everything I’ve learned, I've tried to instill inside my artists, and almost make it a co-management situation. Like with Adrianne, it’s definitely a type of co-management arrangement. I've always made sure that everything I did, everything I was responsible for, and she had the knowledge also. Which helped me in a lot of ways, because she acted as a buffer to some of the things I didn’t have time to do, being that we all still had jobs, a 9 to 5, and things of that sort [outside of Soul LinQ]. And then, just for her to be able to control her own destiny. She got a kick out of being in control, one of those who people who got kick out of seeing people advance and be successful. So I stand out in the manager’s lane as an artist manager, I’m for the artist. Anybody I work with, I’m there to help, not there to control. There are some managers that really get a kick out of that control aspect. But that’s how I think I stand out as far as being a manager or an executive.


From the artist standpoint, everything that Soul LinQ has done has been pretty much from the heart. We've always had a soul-spirited type of movement. We've never really been interested in following a particular type pattern in the industry. We never really tried to deviate, but it just so happened to end up that way, because we never wanted to become the “industry standard”. And that kind of makes us stick out a little bit. And we really just take pride in doing us. We take pride in never really being caught up with the aspect of making money. I understand that the moneymaking people in the industry are making hit records.


CqE: RIGHT


CP: There’s really no way around it. If you're not making a hit record, then you may make some money here and there, but it’s not enough to really be a rockstar.


CqE: SPEAKING OF Soul LinQ, WHERE DID THE CONCEPT OF Soul LinQ COME FROM? LIKE, WHAT’S THE HISTORY OF Soul LinQ?


CP: Well…pre-Soul LinQ…I went to Western Kentucky University. I was in a group called Klientel, who was already a group when I came in about 1998. And from there it went from 3 guys to just 2 of us, myself and William Beason. And we were under Deep Rooted Productions, which was a Nappy Roots movement. So our first album was produced by [Grammy nominated rap group] Nappy Roots, and that whole camp. So we spent working with them, and that’s really how Klientel got started. Along with D. Mawl and Gibraltar and all them. We found ourselves writing, and once I graduated from WKU, I moved to Louisville [Kentucky], and every one in Nappy Roots was still in Bowling Green. So I found myself traveling back and forth, just to go down there and record, or go down there and write. And after a while, it became a little much. It started becoming expensive, it started becoming very difficult to do, because we all had jobs. And I always thought that I was a pretty talented guy that could pick up on anything, so my girlfriend at the time helped me buy a workstation, a Yamaha Motif. And that’s where Soul LinQ started, when I bought that first workstation, when we started making our own tracks. Myself, my brother, and D. Mawl, we all started writing from the Motif, and that was back in 2001, I believe. Back then, Klientel has just gone to the Apollo and performed there with the Doug Banks Morning Show. And that was a monumental moment for us to be able to do that. And that jump started us doing our own thing, and once we had that Motif, Soul LinQ was born.


CqE: NICE.


CP: Yeah, and Soul LinQ…the “Q” is for the bruhz [Omega Psi Phi Fraternity, Inc]. A lot of people don’t know that. I’m a Que, my brother Cortico is a Que, and D. Mawl is also a Que. And that’s how Soul LinQ started, so we had to throw that subliminal Q in there. [laughs] And the “linq” is us being linked by soul music. “Musically linked through the soul”, that’s our motto. And then, about a year later, we met Joel Goodwin and Adrianne Archie. And we started performing at the Java House [in West End, Louisville], and we used to rock out there…. Klientel, Soul LinQ, Adrianne, D. Mawl…we used to have little sessions and just invited everyone out to watch us do our thing. And that’s where we really kicked off the Soul LinQ movement. And from there we started gigging around the community, and really sharpening our blades, so to speak, and gaining knowledge about music. We had quite a few musicians that supported us, and claimed Soul LinQ too. So our camp was about 8 or 9 people strong, back about 2002, 2003. And 2003, is when Klientel did our second album, which was the first album to be released under the Soul LinQ label. That was “Daily Trade”, and we had a lot of underground success with that. We also won a couple of awards off that one, and it was featured on a couple of international compilations. And that was cool to be able to reach people in Japan…that was our first taste of our music being sold on the retail level, and also being heard outside the country. So it was cool to experience that. And to know that we created that from top to bottom was a huge accomplishment for us.


And Adrianne, her first album, “He That Hath An Ear…” (“HTHAELHH”) was released at the end of 2003, and released in 2004. So that was the second Soul LinQ release. And then from there, D. Mawl got moving, and started his movement. And once that took off, he reached some heights. And he had the opportunity to do some great things, not only in the community, but throughout the country. He did BET’s RapCity and the theme for KFC Pride 360°, and had a chance to participate in the Grammys. He also had some of his songs licensed on a few sitcoms, I think “Son of Tucson” was one of them. So, yeah, Soul LinQ is definitely a grassroots movement, that started from nothing…. well not nothing, we always had something…started from low resources. We had a little knowledge and had a little drive, and created resources. And we put it together, and that was the inception. And ten years later, we’re sill doing it. And in that time you learn, and you meet people in the industry, and you hear the stories. And sometimes, you start to appreciate not being in the industry…not being in the belly of the industry.


CqE: WITH SO MANY THINGS AND AVENUES THAT YOU CAN GO IN THE INDUSTRY, WHAT MADE YOU SETTLE ON BEING A PRODUCER, OR BEING AN ARTIST, OR EVEN A MANAGER?


CP: Well, the artist part was easy. I came from a musical background, a musical family. My mother’s a jazz singer, and she’s been singing since I can remember, and she still sings. She’s on the scene in my hometown, South Bend, Indiana, and regionally Chicago and Michigan. Than I have other family, uncles and aunts that sing. And they had some success, so the artist part, that was easy. I like to perform and create songs, and Nappy Roots gave us the platform to do it at the time and I just took advantage of it and became an artist.


But everything else, like a producer, executive, manager, all those other aspects came because I didn’t have the resources. I couldn’t get beats when I wanted to at that time. I look back on how hard it was to get a good track back in 2002, 2003, and today although I still produce, I don’t have to. After a while you meet so many people in the industry, people are willing to give you stuff. So I could just write if I want to.


CqE: SO BASICALLY, BEING MORE THAN AN ARTIST CAME OUT OF NECESSITY?


CP: Most definitely. Everything else came through trial and error and just having to do it. Having to manage ourselves, having to learn the industry ourselves. After a while, you read and learn so much, and gain knowledge, you end up becoming your own manager. So why pay someone for something you have the knowledge and understanding to do? The producing…the managing…and what a lot of people don’t know, any Soul LinQ project or album, I did the graphic art for as well. Any website made for a Soul LinQ artist, I did created it. So you now, those things…I have an IT degree, so I had to use my resources.


CqE: I CAN UNDERSTAND THAT. MUSICALLY, WHO ARE YOUR INFLUENCES?


CP: Man, so many!! It’s so many, but I’ll go ahead and say, uh, the Staples, Donny Hathaway, Stevie Wonder, uh…I heard a lot of Luther [Vandross] growing up. I heard a lot of Anita Baker growing up. I heard a lot of funk music, a lot of Earth, Wind and Fire, all of that whole funk era, that’s in me. Ohio Players, Zapp and Roger, just that whole funk era. And then of course, Hip Hop. So I was like a mesh of funk, R&B, jazz from my mother, and then Hip Hop.


I had an older sister, and an older cousin, and they would have house parties. And I would sneak down, and I’d be like, “What are they playing??” And I was turned out when I first heard Eric B and Rakim’s “Check Out my Melody”, I can remember hearing that and sneaking down when I in the fourth grade and hearing that. And I was sold on Hip Hop from there. I was able to create concepts from a hip hop, funk, jazz state of mind as a youngster. But I never really had a way to bring it to life until I was in college.


CqE: NICE. EARLIER, YOU MENTIONED THE INDUSTRY. WHAT ARE SOME THINGS YOU LOVE ABOUT THE INDUSTRY OR THE MUSIC BUSINESS?


CP: I like making money off of doing something I love. My first experience in the industry was probably 1999, with Nappy Roots. And I don’t think I received my first piece of cash, that I didn’t have to pay to get, until maybe 2005 or 2006. I meant we would get paid here and there for gigs early on, but the work and the resources that we had to put in it before we got paid, it never evened out, it never worked out in our favor. It was almost like, you paying to play when you make maybe $100 off of a gig and then you have to pay like 6 people and the pay for the equipment, and time for rehearsal, and buy clothes to look decent on stage, and burning through gas money…so you’re paying to play, even if you get paid. You still haven’t come out on top. So our first piece of monetary success came with Adrianne Archie. And it took her 2 or 3 years to hit that hard and really start reaping monetary benefits off of that. And that’s why her brand is created, she’s known pretty much around the world. She has a fan base, and has what many artists spend a lifetime trying to do.


CqE: DIDN’T SHE SET A RECORD AT CDBaby.com?


CP: She did. For a while, she had the #1 selling neo-soul album sold on CDBaby. She sold the most units in that particular genre on CDBaby.


CqE: THAT’S NOT A BAD FEAT AT ALL!


CP: Yeah! And that was all us, man. A huge accomplishment, looking back. And we all are humble, so we never really got caught up in all those titles and accomplishments. But now that I look back at it, that was such a huge breakthrough, man, based on our resources. And we never ever expected, or wanted a handout from anybody, even with Nappy Roots. We still have a good relationship with those guys. But that’s one thing I made sure I never did. I never gave them the impression that they owe me anything. I mean they’re Grammy nominated, they went platinum with their first album [“Watermelon, Chicken & Gritz”, Atlantic Records]. I never expected anything from them, but support.


CqE: SPEAKING OF CDBaby, HOW DO YOU PROMOTE YOURSELF OR A D. MAWL OR ADRIANNE ARCHIE?


CP: It comes from experience, man. The only true way to promote and really sell your product is, you have to hit the road. You have to get in front if people. You have to do shows. Early on, as a web designer and having some marketing savvy, I would try to do the numbers in my head. I was thinking like, “well I have an email list of about 10,000 people. So if we send out 10,000 emails to these people, I know that at least 500 to 1000 have to buy the cd, just off hearing the snippets.”


So you try to play the numbers game. And, uh, that is not true. [laughs] And, I learned the hard way with that one. Anything you do on the web, or anything you do with print and graphic, that’s just basically to reinforce or solidify what you've already established. But no is going to buy your product, just because you sent them an email. Even if you have snippets, and your music sounds great, that’s just the way the human mind works. They're not just going to buy the cd. They’ve either have to have heard about you by word of mouth…and it’s really like the 3rd time and 3rd impression. Once people have heard about you three times, then that kind of solidifies in their mind…it’s jus something psychological that triggers them to be like “ok, maybe I should pay attention, or go check this person out”.


Adrianne being such a phenomenal live performer, anytime she’s in front of people and people get the chance to hear her live, it pretty much sells them. And most of our cd sales have been through live shows with her. But the CDBaby sales, that’s nice. But most of our CDBaby sales have come from doing shows in a new market that really didn’t know about her. And we may sell 40 to 50 cds at the show, and then those people are the people that go out and play her music in the car with their friends and family. Or let their friends and family borrow the cd. And then that’s how it markets itself. That’s how it starts. That’s how you sell music. Don’t believe the hype [laughs]. It’s nothing else. You can’t sell music without doing shows.


CqE: [laughs] SO WITH THE SOCIAL NETWORKS, AND THE BIG BOOM OF FACEBOOK AND TWITTER, YOU STILL THINK THE BEST WAY IS LIVE SHOWS?


CP: Oh most definitely. Twitter and Facebook are just reinforcements. They are vehicles to spread the word of mouth. That’s not the artist’s vehicle. That’s the people’s vehicle. I mean you have to find a way to capture the people. But the best way is a live show. Or, you have to have a huge budget and pay millions to be on MTV or BET. Or you have to be on the radio, getting spins. Like 2, 3, 4 spins an hour. But outside of that, If you're not getting that, you have to get out. And with the social network aspect, your fans will touch the people for you. They're going to send an email, or a tweet, or post your stuff. The social networks are more for your fans. Like if Adrianne were to post a message or a tweet, how would people even know to go look at her, if they don’t know about her? And even some of your friends and family who have never really heard what you do, they don’t support. They don’t know.


CqE: I CAN DEFINITELY UNDERSTAND THAT. SO WHAT PROJECTS ARE YOU CURRENTLY WORKING ON? YOU YOURSELF, OR ADRIANNE, OR D. MAWL…. WHAT’S NEW FOR Soul LinQ?


CP: D is working on some material. He has some aspirations of releasing something here soon. So we’re just waiting to see what type of direction he wants to take with it. And then see what the resources are, and creating a budget. Me, myself, I’ve taken a hiatus. I’m rally just trying to reevaluate my entrepreneurship and my movement outside of music. So I’m taking some time to get a hold on that. But here in the last month or so, I’ve really been getting my studio back in order. You know, technology moves so fast that if you stay out of the studio for six months, you're already outdated. [laughs] So I’ve been spending time upgrading. I just bought [Apple] Logic Pro last year, so that’s a new change, being able to step outside of Pro Tools. So I’m taking time to get to know that whole engine of creating. It’s taking a little time. It’s a new experience since I’ve been in a Pro Tools mindset for like 10 years. And then getting together with Joel, just getting back into the routine of creating again, spending time with each other. Resurfacing that creativity and that drive.


So Joel is creating, and he’s working with JD Blair, world class drummer. He drummed for just about everybody. His big movement was Shania Twain. But he’s not only a pop drummer, but he’s also a big funk drummer. So we’re working on some stuff with him. So look out for that. Look out for my name or Joel’s name, but definitely Joel’s name. We’re also working with B. Scott from Nappy Roots. We've got a couple of tracks with him. He’s working on a new project. So you may see some CP on that.

But I am writing, not necessarily to release as an artist, but I have a nice little following. So I try to give my followers a little something. So whether it’s in the form of a mixtape or a few singles, then that’s what I’ll do. That was the whole reason why I released the mixtape a couple of years ago. The “Mixed Emotions” mixtape. Not because I anticipated making a lot of money off of it. And it wasn’t because I was trying to create a buzz for an album. I just needed to get something off my chest. I had a bunch of old music that had been sitting, and I don’t want to die with a bunch of music on my heart that’s never been heard. So I really just did that for the people. But for right now, features. I’ll definitely jump on some features right now.


CqE: AND THAT ACTUALLY SEEMS LIKE THE THING NOW. LIKE LIL’ WAYNE BEFORE HE RELEASED “Tha Carter III”, HE DID LIKE A WHOLE YEAR OR SO OF FEATURES.


CP: Yeah, features are a great way to promote. Like if you get the opportunity to smash someone else’s track and let them promote it, that’s free. Free promotion. Even if you do the track for free, even if you don’t get paid. Your name is on a hit record that someone else is pushing. And if you do several of those throughout the year…like, remember when [hip hop artist] Ludacris was on everybody’s track. It almost seemed like he was better on features than on his own music. That was good promotion for him. Drake, Nikki [Minaj], the-Dream, and Lil’ Wayne all did it.


And even locally. I’m not against being featured on somebody’s track that I don’t know, or they don’t really have a big movement but they have potential…if they have a positive movement, then no matter what genre I would be open to working with them.


CqE: WHATS ONE OF THE THINGS THAT KEEPS Soul LinQ INDEPENDENT? LIKE WHY IS IT NOT Soul LinQ/Bad Boy Records OR Soul LinQ/Def Jam Records? WHY HAVEN’T YOU ALL GONE “MAJOR”?


CP: We've always taken pride in having control over our own destiny. And even though we've had opportunities to shop our records and shop projects, we've always had someone in our ear. Like Nappy Roots, and talking to people like [neo-soul artist] Bilal or [R&B artist] Jaheim, different industry cats…they would always say, “keep doing what yall are doing.” So that would always stay in the back of our minds, “Keep doing what yall are doing”. And they would always tell us, “if I can go back, I would do it just like yall doing it. Just stay patient, and don’t feel like yall have to give it up just to be there”. If you really look at the pattern, most artists that’s gotten beat down from the industry, they're coming back and doing it themselves. And there’s really no way to avoid the “beat down” in the industry. You either get beat to a pulp by the majors and sent to the indies with your tail between your legs, or you get beat up just being independent. And when I say “beat up”, it’s the hard work that it takes as an independent, because you don’t have resources. Sleepless nights, spending all your hard earned money, doing stuff for free, going unappreciated…it takes a toll on you. So there’s really no way around that in the music industry, if you want to be successful monetarily. So we appreciate being just Soul LinQ, we were never looking for a major to help us. But that in itself made us more attractive to the big labels in the long run. Because we always had that mindset of doing it ourselves, and really now-and-days, that’s what the majors want to see. They want to be able to see an artist and a label that’s self sufficient. Because when they get behind you, they just want to be able to make money, they don’t want to have to develop you or teach you. They want you to have all that together, and they just put a little marketing money behind you. And you make them money, that’s it.


CqE: AND I’M NOTICING THAT MORE NOW. THE BIG LABELS THEY DON’T DO THE ARTIST DEVELOPMENT NOW.


CP: No. That’s like almost non-existent. You have to already be developed.


CqE: DO YOU THINK THAT CONTRIBUTES TO A LOT OF ARTISTS NOT HAVING LONGEVITY NOW?


CP: I really think the longevity aspect has to do with the music is not longevity music. It’s nothing that sticks. Now as far as longevity goes in the industry, somebody that makes good music, they don’t make a lot of money, they're not like a millionaire, but their probably always going to be in the industry…like [hip hop artist] Common. He was never really a household name in the beginning, he was never really a platinum selling artist, but he has longevity, because of the kind of music he’s always promoted and made. He been in the industry almost 20 years, and he’s still relevant to a certain point. And then there's someone like Wiz Khalifa. I don’t really see him being a stable artist for the next 20 years. He doesn’t make longevity type music. He makes big hit music, which is more trend music. Which you can make a lot of music off of if you get in, get out in like 3 or 4 years. To be able to live off music for 20 years is a very difficult strategy in hip hop.


CqE: RIGHT. AND I GUESS WHEN I SAY LONGEVITY I LOOK AT ACTS LIKE D4L OR Dem Franchise Boyz OR EVEN SouljaBoy.


CP: Soulja Boy was kind of like the first of his kind. Soulja Boy is still doing it, I don’t know how much longer he’s got [laughs]…I think he’s not the most talented. But Soulja Boy has charisma, he’s confident, and that’s kind of where he’s found his stardom and his niche. I don’t know what to call it, but he’s the first to do it. And I actually heard Soulja Boy was a ghostwriter for [Willow Smith’s] “Whip My Hair”.


CqE: REALLY? WOW.


CP: Yeah. But if he’s a hard worker, kudos to him. I can’t say anything to him.


CqE: SO SPEAKING OF WILLOW OR EVEN JUSTIN BIERBER, WHAT’S THE DIFFERENCE WITH DEVELOPING THEM, BESIDES THEIR AGE, AND NOT SOME OF THE OTHER ARTISTS LIKE A SOULJA BOY OR A WIZ KHALIFA?


CP: Well because, Bieber’s talented. He can sing, he can play [piano], I mean…you better develop him. You better put some resources into someone like him. But how many resources can you put into a Soulja Boy. He’s already pretty much maxed out. What more can he really do musically? Now he could maybe get into acting. But as far as his music potential, I think he’s maximized that. And that’s just my opinion. But Justin Bieber, he has raw talent, he’s an artist AND a musician. I would develop him until I couldn’t develop him anymore.


And the same with someone like Willow Smith. I mean with her parents [Will and Jada Pinkett-Smith], she’s…I wouldn’t say a prodigy. But she’s definitely a product of both of her parents. So I would take a chance on her too. She’s versatile, so she could do a lot of different things. You know, rapping to singing to dancing to commercials to acting…so it’s really no limits to someone like that. She’s cute…so yeah…develop them. And Willow, I think she kind of already developed. Her parents have probably been developing her out of the womb. So all the label really does is keep her blade sharpened, and keep introducing her to new things and new concepts. She has it naturally, and she grew up in the right environment.


CqE: AND WHEN YOU HAVE RESOURCES LIKE THAT, YOU’D KIND OF BE CRAZY NOT TO TAP INTO THEM.


CP: Exactly.


CqE: BUT SPEAKING OF BIEBER AND WILLOW, WHERE DO YOU SEE THE FUTURE OF THE INDUSTRY GOING, AS FAR AS PROMOTING ARTISTS AND ARTIST DEVELOPMENT IN PARTICULAR?


CP: Um…I think we still have some years left in the pop era. The overly-pop era, so to speak. We still have some years of that. But what goes up, must come down. So there’s going to be…the industry is definitely going to crash one day. In order for it to start up again, it has to reach a point in rock bottom. I just don’t know when. It’s the same aspect with the government, stock market, all that.


But where do I see it going? I don’t know, man. Its fun to think about it. Just the aspects of technology. I think the industry will go wherever technology takes us. How can we continue to press the envelope, and entertain people, and for them to really get that “wow” factor at a concert or wherever? Concerts are always going to be the best way for the artists to express themselves and reach and get that full experience. Of course you have the revolution of digital music, iTunes, and all that. CDs will become obsolete in about 3 years, I think. You just have to push those cd people over the edge, and they are slowly getting with the whole digital mindset. So the industry is definitely going virtual. The entertainment is moving with technology. Just like with the 3D movement. I’m looking forward to seeing how the music industry will take advantage of the 3D deal.


CqE: THAT WILL BE INTERESTING. WELL, THAT’S ALL THE QUESTIONS I HAVE MAN. WHERE CAN THE READERS CHECK OUT YOU AND Soul LinQ?


CP: CarlisP.com…uh…DMawl.com…and AdrianneArchie.com. Those are the three Soul LinQ artists that are active and still doing it. And then from there, you can find our Twitter pages and Facebook pages, and we just folk, man. We just people. We just like everyone else, man. Can’t forget about Joel, our producer Joel Goodwin. I have yet to develop a website for him, but that’s in the works. That’s coming soon. And then my brother, Cortico. He doesn’t have a website either, but that’s another one of our producers. He’s responsible for a few tracks on Klientel’s projects, and D. Mawl’s too.



For the latest on Soul Linq & CP, follow them on Twitter @SoulLinQmusic & @SincereCreative

Sunday, January 23, 2011

the Freshest: Interview with Manager/Promoter, Nickey Fresh


the "Stay Tuned" blog had the opportunity to sit down with NickeyFresh, an up and coming manager/booking agent/event coordinator who works in the New York and Connecticut areas. For the purpose of this interview, we decided to focus on what makes her a good decision maker in the hard ball game of the entertainment industry. She is a very talented individual who is holding her own as a female in a "man's world". Let's listen in....


What makes you different in the industry?
What makes me different from the industry is that I step outside that box. I tend to work with very talented artist but have their very own unique style. I love mixing up different genres of music, experimenting and trying new things.


Who are you influences when it comes to music?

Music wise two of my biggest influences are Michael Jackson and my uncle Don. My uncle was a dj. He had me in the studio every since I was seven. I been in love with music every since. He passed away last summer so now I feel it if my responsibility to carry out his legacy and take it to the next level. As far as Michael Jackson, his work just speaks for itself. R.I.P to the both of them.

As for a business was Oprah Winfrey and Russell Simmons are my two big influences. They are two powerful African American people who came from a tough background and made something of themselves. I love their drive and passion for everything they do. I also love the way they give back and like to help other people.


Two things you love about the industry?

I can honestly say that the only thing I really dislike about the music industry is how they try to commercialize artist. I love the individuality of artist. Music to be is all about being yourself, expressing whatever emotion you need to express at the moment and most importantly having fun.


Anything you dislike about the industry?

I think some labels are put a lot of pressure on their artist and put some restrictions on their music out of fear that it won’t sale.


What are some projects you are working on?

Currently I am working with my team, Starque Ent. We have two male rap artists. One of them is Dee Jonez, who has done shows with B.o.B and Corey Gunz. He currently has an EP on iTunes entitled dO.Ob. Then there is Young Steady, the newest member of the team. He is currently working on his first mixtape. Outside the team I work with other artist like KoMika, Lady Angel & B.O.$.$. They are all currently in the studio working on new music.


How do you promote your talent/artists?

I promote my artist every way possible, from word of mouth, internet (twitter, facebook, myspace), shows, and just pushing their music out there.


What advice would you give those trying to make it in your position?

The thing I would tell those two are trying to make it is just true to yourself. It is not going to happen overnight but you just have to be dedicated and keep pushing yourself. And most importantly just have fun!!!

As a manager, you work to make decisions & negotiate on an everyday basis. Do your emotions ever get in the way or play a factor in your negotiations?

Sometimes it’s hard not to let you emotions get in the way because when you’re working so close with your artist you become friends. And I personally take my friendships seriously so when I am making business decisions I want the best for them. But at the same time I know it’s about the business and we all have to make certain scarifies. It’s hard but I’m still learning.



How often do you reach a mutual benefit when you are deal making, if ever?

Making deals is hard and some people try to get over on you. Being a female I run into a lot of male in the industry that come at me like I may not know much. But I tend to surprise them when they realize I am about my business and they can’t get over on me.



Do your try to negotiate with objective criteria (points that would benefit both sides)?

When I negotiate I try to be fair at all times but at the same time my main interest is my artist so if it doesn’t feel good then we have to go back to the drawing board and come up with another play.



You can check out NickeyFresh at DaMan Productions, Starque Ent, or follow her on Twitter @NickeyFresh

Sunday, December 12, 2010

Should Performers Have Rights??

The “Stay Tuned” blog wants to focus on a big issue here in the music industry. Support it, or oppose it, the Performance Rights Act is making big headlines in the industry. According to Wikipedia, “The Performance Rights Act is an amendment to United States copyright law proposed by representative Patrick Leahy. The bill would expand the protection for public performances of copyrighted sound recordings. Under the Digital Performance Right in Sound Recordings Act, sound recordings have a limited public performance right in digital transmissions, such as webcasting.” This bill is set to expand the performance right to cover terrestrial broadcasts, such as AM/FM radio. It currently covers songwriters and producers of the song. The bill is both strongly contested and supported. Artists who support the bill argue that it properly compensates performing artists. Broadcasters who oppose the bill argue that the performance right is unnecessary and overly burdensome.

The benefits to this bill:

· Any recording artist who is not a songwriter or producer of a song will now receive performance royalties when that song is played on the radio.

· For radio broadcasters, this wouldn’t go into effect for 3 years after legislation (or 1 year for stations that bring in more than $5 million annually)

· This bill would regulate laws for all forms of radio, since cable and satellite radio already pay performers royalties.

· The bill would incorporate value to process of setting licensing and statutory rates to the “spins”, or the amount of time a song is played on the radio.

· The bill would regulate international royalty collection, as many other countries pay their artists a performance royalty.

This disadvantages to the bill:

· Radio broadcasters will have to pay out more money to publishers and record labels.

· Terrestrial radio may alter their format to either talk stations or only play certain artists limiting the chance to break and introduce newer artists.

· Jobs at terrestrial radio could be in jeopardy.

The Major Players

There are two major sides fighting for or against this bill to be passed in Congress. On the supporter side, there is the MusicFIRST Coalition. They brand themselves as “Musicians, Recording Artists, Music Businesses, and Supporters United for Fair Pay”. Big names included as supporters include the AFL-CIO, Harry Belafonte, Brooks and Dunn, Miley Cyrus, Dr. Dre, the American Federation of Musicians, the American Association of Independent Musician, and the Recording Industry Association of America (RIAA), who awards the Gold, Platinum, and Diamond statuses to artists according to the album sells.

The other side that opposes this bill is the National Association of Broadcasters (NAB). This is obviously made up of many terrestrial radio broadcasters all over the country, as well as various representatives in the House and a number of senators.

While nothing has yet been decided and this issue is still being fought, it is said that this issue has been going on for many decades. Many artists have defined the songs that we have heard throughout the generations. One great example of this is Aretha Franklin and her song “Respect”, released in 1967. What many are not aware of is that Otis Redding (known for his song “Sitting on the Dock of the Bay”) is the writer of “Respect”, who also released first in 1965. Under the current system, as big of a song as “Respect” was, Aretha was not paid from the song being played on the radio. But it is her vocals and version that are well known worldwide. (And in an added note is the “R-E-S-P-E-C-T” bridge is exclusive in Aretha’s version, not in Redding’s).

As big as a song as “Respect” was, under a revised system, Aretha could have received royalties from the song’s radio spins. This is what the bill is trying to achieve.

What is your take on it all?

For more information, you can visit the NAB and/or the musicFIRST websites.

Sunday, November 21, 2010

The Best in the Industry

Being a music publishing and production company, CqE is all about music and its influence. What influences CqE the most is using music to save lives. Music is a powerful medium, and honestly, no matter what the financial state of the country or even the world, there will always be a desire and need for music.

In the fight to save lives through music, the “Stay Tuned” blog wants to focus on one profession association who seems to do it the best. We are influenced by VH1’s Save the Music Foundation and all its efforts. The foundation is a non-profit organization focused on reintroducing instrumental music education in the public schools of America. They are also adamant about raising the awareness about how important music is as part of the youth’s “complete education”.

For those unfamiliar within the foundation, VH1 Save the Music Foundation’s goal is to work with school districts of elementary and middle schools to implement instrumental programs in all school within the district who don’t have such programs. VH1 Save the Music Foundation is willing to provide each school with grants of new music instruments in order for that school to develop and offer instrumental music instruction curriculum for its students regardless of financial background.


HOW THIS HELPS THE INDUSTRY

In creating and sustaining these programs, you give the youth a better chance at being a success in life. Starting at this age, you are preparing the next generation of music artists, songwriters, and/or music producers. For some youth who come out of dangerous backgrounds, this foundation has also saved their life.

No one person can truly be a success, until they learn to give back. What is the point of gaining a lifetime of knowledge and experience just to keep to yourself? Any artist who has had his/her fair share of success is looking for a protégé. When you support and have a foundation like the VH1 Save the Music Foundation, you are ensuring that not only does music have a future, but also you are investing in the next Michael Jackson, Bono, Prince, Billy Joel, or even Jay-Z.

VH1 Save the Music Foundation’s website has a section on “Success Stories” which run the gauntlet from music saving kids from dropping out of school, to music allowing someone to be the first in their family to make it to college, to music giving students more focus academically. According to its website, the foundation has “provided more than $47 million in new musical instruments to 1750 public schools in over 100 cities around the country.” We can easily say that the VH1 Save the Music Foundation is not only saving the lives of the youth all over the States, but also the future of the music industry itself. This is important to the industry not only for the obvious reasons, but also further proof that used in the right way, music can and will save lives.


What will you contribute to the industry?