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Volume 1: Issue 5 | The B# Newsletter | June, 2000
Publisher: N.M.A. (National Music Agency)
http://www.kennylove.net
Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
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Copyright © 2000 N.M.A. (National Music Agency)

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"The B# Newsletter" is published exclusively for
unsigned and independent musicians and recording
artists. Its intent is to inform and enlighten artists
through articles, resources, products, and services
that will significantly benefit them in their careers.

We will never rent, sell, or release your private Email
address to any third party. Your discreet privacy in
becoming a subscriber is assured.

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IN THIS ISSUE.

1. Editor's Blurb

2. Music Career Stuff

3. "Design Deejay Friendly CD Graphics"
By Guest Columnist Leslie Knight

4. "Essential Skills For An Aspiring Star"
By Suzanne Glass

5. "Classical vs. Pop"
By Mark Baxter

6. "Q&A on MUSIC LAW"
By Joy Butler

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1. Editor's Blurb:


Hi! Welcome to the June issue, and first summer
issue of the B# Newsletter. Accordingly, we would
like to also welcome each of our new subscribers
who has joined us since last month's issue. We are,
indeed, happy you have chosen to become a part of
this particular subscribership.

We also welcome Veteran Disc Jockey-turned
Record Promoter, Leslie Knight, who provides us
with some rare insight regarding CD graphics from a
disc jockey's perspective. Now, I'm willing to bet that
you had never considered that, had you? See?
You're always learning something new in the B#
Newsletter. :-)

I have a bit of wonderful news to share with you that
is a complete turnaround in the "luck" department (if
you believe in luck, that is) in comparison to certain
incidents that occurred in past months. These new
developments provide a very positive outlook for our
organization. So, let's begin:

A. New Web Site! We have officially (and, finally)
obtained our own domain! I can't even begin to
express the peace of mind we now experience in no
longer concerning ourselves with whether our site will
come up for our visitors, or not. The new site is
located at http://www.kennylove.net, and at the
bottom of the home page, is a link to the National
Music Agency.

B. The National Music Agency has now acquired
several "paying" clients (can't tell you how great that
feels either) who are not only taking advantage of the
industry insight of the N.M.A. in regard to promotion
and publicity, but as a result, the N.M.A. has also
now ventured into management of, at least, one of
the acts as well.

This particular act is "Keague/Farrell/Munoz," and its
"sound" is a cross between heavy-hitter recording
artists "Sting" and "Steely Dan," which isn't a hard
cross to bear at all. You will be hearing much more
of "KFM" in the coming months, as it releases its
debut recording worldwide in September.

C. I have also been offered (and accepted) the
position of COO (Chief Operating Officer) with a
brand new Houston-based independent record label
that already has finished debut recordings of several
artists with great potential.

I will be responsible for not only overseeing daily
operations, but also the overall marketing direction
of the label, with special emphasis on "international"
outreach. The label is strongly supported by investor
partners who are extremely impressed with the
label's business plan, focus, and direction.

Again, please be sure to stop by our new web site
(http://www.kennylove.net), as I also share a couple
of other interests with you that I have as well. And,
please let us know what you think of the new site. In
advance, thank you for visiting.

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2. Music Career Stuff

* What's so unique about "CDSTREET.COM?"
- No need to give up a HUGE chunk of each sale
- CDStreet.com collects ONLY 15% in service fees
- NO set-up fees
- NO waiting for 3 months to collect your sales
royalties
- You are paid monthly for your CD sales
Check them out at http://www.cdstreet.com and tell
them you learned about them in "The B# Newsletter."

* The Musicians Resource Page is a one-stop
directory for music information. Find information
about Songwriting, Recording, Promotion, Legal
Issues, Festivals, Instrument Instruction, MP3, Radio,
Zines and MUCH more. Read the "Indie Music
News" to stay up-to-date in an ever changing industry.
Submit material for review by The Musicians
Resource Page staff and have two songs added to
The Musicians Resource Page Radio play list.
"Consider us a stepping stone along your path to
greatness." http://www.themusiciansresource.com

* BIG METEOR PUBLISHING offers FREE exposure
for your music site! www.bigmeteor.com -
bigmeteor@...

* Indie Link Exchange: an easy way to increase
traffic - it's FREE!

* INDIE RESOURCELAND: Submit your site today! -
it's FREE!

* bestmusiczines.com: Post a beautiful display - it's
FREE! Indie Contact Bible: Do you qualify for a
listing - they're FREE! bestmusicbooks.com:
HUNDREDS of music books to advance your career!

* Super-Charge your Music Career! Enhance
EVERY aspect by sending blank Emails to
mailto:musereport@... and
mailto:muservice@....

* Now, that you're getting your music career on the
fast track, isn't it about time you also visited a
few of those other important areas of your life as
well? Such areas as; you and your family's safety,
your basic financial well being, or perhaps, even
your health? For more details, visit "The Shield"
web site at http://www.kennylove.net/shield.htm.

* Promote your own Music-Related Product, Service,
or Information in this space for only $5 for a whole
month! Deadline is the 25th of each month. We also
reserve the right to reject ads we deem inappropriate
for this publication.

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3. Design Deejay Friendly CD Graphics
(Get the edge on radio play for your clients)

By Guest Columnist Leslie Knight


Maybe if your client's names are Backstreet Boys,
Garth Brooks, or N'Sync, deejays will play your music,
no matter how your CD graphics are designed.
However, if the majority of your clients are probably
independent artists who financially back their own CD
projects, usually, they can't afford to make costly
mistakes.

The tray card, (or backline as some refer to it) is like
the table of contents in a book, and to a deejay, the
tray card is probably the most important aspect of the
entire package.

Vital information to include on the tray card.

1. Track numbers
2. Song titles
3. Composers
4. Running times

(Insert JPG image of tray card)

The CD tray card (above) is a deejay's dream. It
represents the best deejay-friendly graphics. Notice
the clean lines and high contrast text and background,
the easy-to-locate track numbers, and the tunes
prominently displayed along with the running times.

A. Have you ever seen CD cover art where it's
virtually impossible to decipher the band name from
the title of the CD? That's a huge marketing error,
and it can cost the band their credibility. Taking
notice of this and advising the band can save them
some embarrassment later.

B. Vertical listings are easier to read. Repeating the
tray card information inside the insert is also a good
idea. If your tray card shows all of the pertinent
information, and it's easy to read, it has a better
chance of getting aired.

The deejay needs to know in advance if they're
cueing a 3 or a 5-minute tune because they're
planning time for their mic break and commercials. A
horizontal listing of tunes is not the easiest listing to
read at a glance. If you don't include the running times
of the tunes, it can cut your chances of airplay by as
much as 50 percent!

C. An easy to read font size of at least 11 to 14-point
size is helpful. Small print doesn't cut it, or print
obstructed by photos or graphics. Art fonts can be
fine for the CD title, or the name of the artist or band,
but use a clean, easy-to-read font for text such as liner
notes and listings of sidemen. Fancy script or Italics
can be more difficult to read. These factors can
contribute to reduced air play.

D. Parentheses or brackets placed around running
times are not necessary. The extra print clutters the
visuals. Just leave the brackets off; they're not
necessary.

E. Over-punctuating text such as using more than
one exclamation mark for greater emphasis leaves
an amateurish impression. Simply and clearly stating
the facts gets your message across, while over-
stating, through extra punctuation and fancy fonts
meant to over-impress, can cause the reader to
wonder whether the claims are actually true because
there is so much intent to impress.

F. At a minimum, list your client's mailing address,
contact number, and web site on the insert or tray
card. Deejays sometimes announce web site
information, making it easy for fans to purchase the
music online.

G. The catalogue number (different from the bar
code) is helpful when a listener calls the radio station
to request ordering information from the deejay. If
you release more than one CD on your independent
record label a unified appearance on the CD spine
and the tray card, helps deejays find the music quickly.
It may seem like a small detail, but this clarity is very
helpful to deejays.

H. When the list of tunes on the tray card doesn't
match up to the music, it causes more work for a
deejay to figure it out. Many deejays tend to not play
those CDs because the listing is too confusing. This
sometimes happens when there's an introduction on a
live CD. That track is usually counted as track one.
But we think of the first song as track one, so list each
track accurately.

I. Any inaccuracies on the packaging kill credibility.
Proper credit for the correct composers is a must and
correct spelling is crucial. Something that would
make deejays place a CD at the bottom of the stack
is CDs that list the wrong songwriter credits for cover
tunes. Deejays usually don't support those CDs with
airplay. Listing the tunes in the wrong order is also a
turn-off.

J. Finally, inspire deejays to listen to the music over
all others in the same stack by including short review
quotes on the tray card.
______________

Editor's Note: Veteran Disc Jockey-turned-Record
Promoter Leslie Ann Knight, has the unique
advantage of having served on both sides of the
radio spectrum. See her in-depth web site at
http://members.aol.com/knightandday1.

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4. "Essential Skills For An Aspiring Star"

By Suzanne Glass


Lately, I have been studying successful musicians.
You know, the BIG stars like Madonna, Elton John,
Aerosmith, or the Rolling Stones. Or, even the spur-
of-the-moment successes like Ricky Martin.

Why does someone like Sheryl Crow or Jewel make
it big, while other equally talented artists are stuck in
the garage? What skills and personality
characteristics does the artist possess in order to
thrive in that insane major-label lifestyle? (You think
you're busy NOW trying to make a living with your
music? Imagine if an entire staff of Sony Music
Executives was on your food bill!).

Some of their success may well be the result of huge
marketing dollars spent by the record companies, I
know you're thinking that! But there has to be a
reason the record labels pick the artists they do, why
the public responds to certain artists so stongly, and
even why some people respond to fame better than
others.

I think there is definitely such a thing as "star quality".
We've all met people, in all walks of life, who have it.
It is a certain charisma, drama, or excitement that
comes from inside. But star quality alone isn't enough.
If it were, there would be no junkies, criminals, and
loser politicians who also have "star quality."

Success requires recognizing and developing a
complete set of skills...from social skills, to business
skills. It requires you to be active, as opposed to
passive. It requires commitments of both time and
energy. It may also require compromise.

Remember that the world of commercial music is
driven by cash flow, like it or not. If you chose to
compete in that arena, you will have to deal with the
business to get to the music you love (Note that you
do not HAVE to make this choice to be a happy,
satisfied musician. You can choose to focus on the
music, and the business be damned. Just don't
expect to get rich if you take this route).

It might be useful to think of the musician-self in two
parts: The Artist, and The Entertainer.

Your Artist side is the profound, thoughtful part. The
part that writes most of the songs, the part that feels a
choked back tear while singing a sad song. Your
Artist side is focused inwards. It believes fiercely, gets
wounded, gets angry. And The Artist couldn't care less
about money, it's PRINCIPLE, baby!

Your Entertainer side is your public persona. The
part that gets jazzed up about being in front of people
and making them happy. Your Entertainer side is
focused outwards. Entertainment is a business
service you provide to other people. Artists create,
and Entertainers make money.

Why are The Artist and The Entertainer important?
Because you need both skills to succeed in today's
music business.

You have to be able to write incredible songs and
produce them flawlessly. You need to give a heart-felt
performance on a moment's notice. You need to have
solid chops and a groove with your band. All tasks for
your Artist side.

But you also need to call club bookers (over and over),
read bad reviews, put on a great show when you're
sick, and tirelessly promote your music. This is
where the Entertainer steps in and handles things
smoothly. The Entertainer is a somewhat detached
mindset that doesn't get depressed, burnt out, or bitter.
He just keeps on doing his job... entertaining the public.

Looking at these big stars, I think they must all have a
healthy Entertainer side. That's what allows them to
succeed in all the social/communication areas of the
business. What keeps them going for the fifth
interview of the day, and all the other crap that has
nothing to do with music and everything to do with
marketing.

On the other hand, when an artist has "made it," the
pressure to keep producing sellable music is huge.
So The Artist side has to be healthy and ready to
create on demand. You may be asked to hit the road
for nine straight months, then make a world class
album immediately following the grueling tour.

What it all boils down to is that these mega stars have
to be on top of their game, both artistically and
business-wise. It is essential to create a balance
between music and business. This sounds a lot like
the time honored rule given to indie artists to spend
50% of their time on music, and 50% on business, just
on a larger scale. And it's sound advice you can apply
to your own music career.

First, make sure your psyche is in the right place. You
know, screw your head on right! Be honest with
yourself regarding what things you are and aren't
willing to do to be successful with your music.

Then, make a plan. Map out how you will improve
your skills in both business and art. Put it on paper.
Be sure you are following the 50% business - 50%
music rule.

Make sure you honor your business commtiments
and always act professionally. Read books and
research on the internet to learn as much about
business as you can. Don't be afraid to ask for
guidance from people you respect.

Just as important, make sure you keep your artist
side healthy and creative. Take days off, take walks
in nature, take time to noodle around that song idea
that just popped into your head. That keeps your Artist
in good shape and increases the creative pool inside
you.

Being a famous musician is not a "normal" life. To
survive and thrive requires a special set of skills. The
good news is, those skills can be learned and
developed. Every bit you learn now will benefit your
career plan down the road. Believe in yourself, and
never stop improving. Your hard work will pay off.
______________

Editor's Note: Suzanne Glass is Pres./CEO of Indie-
Music.com, where you can save time & promote your
music free! 1000's of contacts for musicians, no cost,
no hassles. Download a FREE College Radio
E-Guide at http://Indie-Music.com/radioguide/.

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5. "Classical vs. Pop"

By Mark Baxter


I'm sure you've heard the line, "If you can sing
classical, then you can sing anything." Well, it's
simply not true. Have you ever heard Placido
Domingo's versions of popular hits? He's got an
incredible voice, but it's not pop singing. Incidentally,
the term pop refers to all popular modern music styles
(rock, R&B, rap, country, folk, etc.).

In the same way, I doubt Michael Bolton would ever
make it past the first audition of a regional opera
company if he were an unknown. The fundamentals
are the same for all singers, just like basic physical
training is necessary for all sports. From there,
specialized muscle behaviors develop based on
demand.

What an opera singer requires from the voice is
much different than a pop singer; to say that one is
easier than the other is ridiculous. Yet, pop seems to
retain a Rodney Dangerfield complex; it never gets
any respect.

There was a time in history when opera was pop
music. Before electricity, what defined you as a
singer was the ability to fill a hall with sound. In order
to project the voice, the resonating cavities within the
body must be perfectly aligned and the vocal folds
need to be supported with a precise amount of air
pressure.

This is no easy task. A shirtless, tattooed, muscular
hard-core singer doubled over in effort cannot match
the volume produced by a concert tenor on top of his
game. The only way to travel back in time and
witness this kind of skill is to attend a performance of
the Metropolitan Opera at Lincoln Center in Manhattan.

The Met is the last great theater in this country which
does not enhance performers with a sound system.
The singers project naturally over a full orchestra, up
to the fifth balcony, and never show a hint of muscle
effort. Pretty amazing.

These days, what defines you as a pop singers is the
ability to fill a hall with people. To do this, you must
embody some element of modern culture. It doesn't
matter whether you are a sex symbol or a raging poet,
you'd better be comfortable with the image because it
takes years of consistency to build an audience.

This is no easy task, either. The schedule of any
moderately successful pop singer would make a
classical prima-donna wither. Singing night after
night, even with the aid of a sound system, requires
incredible strength and stamina. Spend a few weeks
behind the scenes with any major touring act and you
will witness non-stop promotional chores, as much as
any presidential candidate, topped off by a
demanding show each night. Pretty amazing.

An opera singer's objective is to become the voice of
a composer; to allow Mozart, Debussy or Puccini to
shine through. A pop singer's objective is to become
the voice of a generation, which often means he or
she is the composer. Opera singers seek vocal
purity. This specific goal often requires that they
cheat the pronunciation of a word in favor of
maintaining the right internal environment.

For emotional impact, pop singer's also alter the
sounds of their words. I am always quick to defend
this by pointing out that the Met offers small screens
on the seat-backs which scroll the lyrics, even when
the opera is in English.

So, what's the big deal if you can't understand a few
words in a rock or rap song? It is true that pop
singing can be hard on the vocal folds. But it is a
misconception that only pop singers blow out their
voices. Imbalance will punish any singer, no matter
what genre.

To maintain your voice, it's healthy to explore various
singing styles just like it's good for athletes to
cross-train. However, there is never a reason to
apologize for being a pop singer. There is no such
thing as second class art.
______________

Editor's Note: Mark Baxter is one of America's
leading professional Voice Coaches to Grammy
Award-winning recording artists. See his
instructional web site at http://www.voicelesson.com.

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6. "Q&A on MUSIC LAW"

By Joy Butler

Here are my responses to a few legal questions posed
by artists and other professionals in the music industry.
Demonstrating the range of legal issues that can arise in
your music career, the selected questions cover the
following topics:

* Protecting band names
* Licenses required to record a parody of a song
* Collecting payment for your commissioned creative
work.

But before I get to your questions, let's make one quick
stop to . . .

TEST YOUR KNOWLEDGE - YOUR RECORD
ROYALTIES

This hypothetical question describes a situation in which
many recording artists have found themselves:

The Situation:

You're signed to a label and your third album, Flying with
Angels, has sold 500,000 copies since its release ten
months ago. In fact, sales have been so good that the
label recovered all the recording costs for Flying with
Angles during the first month. Yet, the royalty check you
just received from your label is for the grand sum of
$0.00. That's right. You've got zip - nothin' - nada. How
is this possible?

Answer:

This happens due to recoupment and its evil cousin,
cross-collateralization. To hear a brief explanation of
how these two concepts are written into nearly every
record deal, listen to the audio clip on recording
contracts from the audiobook, The Musician's Guide
Through the Legal Jungle which you'll find at
http://www.legaljungleguide.com/excerpts.htm

Alright, on to the Q&A -

PROTECTING BAND NAMES

Question:

What are the requirements for the interstate commerce
test when trademarking a band name? For instance, if
my band does one show in Connecticut and then does
another in Massachusetts, are we ready to file a "use in
commerce" application?

Response:

The short answer is yes, you are. Let me provide some
background for the benefit of the readers. You file a use
in commerce application with the United States Patent &
Trademark Office (the "PTO") in order to register your
trademark rights in your band name.

Note that registration with the PTO is not necessary to
establish rights in your name. You obtain rights in a
band name by being the first person to commercially use
that name in a particular geographic region.

However, registration does make it easier to enforce
your rights. Before your band name can be placed on
the PTO's list of registered trademarks, you must first
use your name in interstate commerce. Interstate
commerce means you have offered your product or
service across state or national lines.

Doing shows in two or more states -such as Connecticut
and Massachusetts - satisfies this requirement. Your
band can also satisfy the interstate commerce test by
advertising in more than one state, by selling your
recordings out of state, or by marketing your products
and services via the Internet.

If your band has not yet used its name in interstate
commerce and has a bona fide intention of doing so, you
can reserve a name by filing an intent-to-use application
with the PTO. An intent-to-use application reserves your
name for six months. The time can be extended for five
additional periods of six months each provided you have
a legitimate reason for the delay in your commercial use
of the name.

LICENSES REQUIRED TO RECORD A PARODY OF A
SONG

Question:

I have a live musical comedy routine. I write parodies
of various popular songs and perform them as part of
my routine. I have never recorded any of them, but
would like to. In order to do this, what permission do I
need to get, and what royalties will I have to pay?

Response:

When making a parody of a song, it's best to get
permission directly from the song's owner - which is
usually a music publishing company. Normally,
someone who wants to make a rerecording of a song
that has already been commercially released can do
so by getting a mechanical license - usually through the
Harry Fox Agency. That doesn't apply to parodies
because the mechanical license by itself doesn't allow
you to change the song's lyrics.

While a parody can qualify as a "fair use" of the song,
a parody is a defense to a charge of copyright
infringement. That means if you make a parody
without permission, you can still be sued and required
to show that the parody qualifies as a fair use. So the
safer course is to get the song owner's permission.

The royalties you pay will depend on what you are able
to negotiate. The more popular the song, the greater the
royalties the song's owner is likely to ask for.

As a side note - a song owner might argue that creating
and publicly performing a parody version of his song is a
use of the song that also requires a license.

DISCLAIMER

This article is offered as an educational and
informational tool only, and should not be relied on as
legal advice. Applicability of the legal principles
discussed may differ substantially in individual situations.
If you have a specific legal problem, you should consult
an attorney.
______________

Editor's Note: Joy R. Butler, Esq., is a principal and
the general counsel of Sashay Communications, LLC,
a publishing and media production company located
in the Washington, D.C. metropolitan area. She is the
author of "The Musician's Guide Through the Legal
Jungle," a 3-hour audiobook offering a faster, easier
way to understand music law. Visit the web site at
http://www.legaljungleguide.com/musician.htm for
audio excerpts and a detailed outline of The
Musician's Guide, and for free music law resources.

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Got Questions, Issues, Answers, News, or anything of
value to add to the content of "The B# Newsletter?"
We really do want to hear from you, so, we encourage
you to please feel free in contacting us at:
mailto:bsharpnews@... in order to let us know
how well we are serving you through our information
presented each month.

Remember! As a subscriber of this newsletter, you
are also entitled to participate in the ongoing
companion discussion list. To join, simply send a
blank Email to
mailto:BSharpRoundTable-subscribe@egroups.com.
Then, upon approval, simply post to
mailto:BSharpRoundTable@egroups.com, providing
a bit of bio on yourself.

Also, if you are aware of fellow independent
musicians and recording artists who might benefit
from this newsletter, why not inform them about it? Or
better yet, why not forward them a copy of this edition
for them to preview?

Again, please visit us at http://www.kennylove.net.
Thank you for reading us...until next month.

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Publisher: N.M.A. (National Music Agency)
http://www.kennylove.net
Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
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