* * * H A P P Y N E W Y E A R * * *

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Volume 1: Issue 12| The B# Newsletter | January, 2001
Publisher/Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
Web Site Sign-Up:
http://www.egroups.com/group/BSharpNews
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List owner: mailto:BSharpNews-owner@egroups.com
Last Month's Issue: mailto:bsharp1200@...
Discussion List: mailto:BSharpRoundTable@egroups.com

Copyright © 2001 Kenny Love All Rights Reserved

************************************************************
"The B# Newsletter" is published for unsigned and
independent musicians and recording artists. Its
intent is to inform and enlighten 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.

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

IN THIS ISSUE

1. Editor's Blurb

2. B# RoundTable Discussion List

3. Music Career Stuff (Necessary Evils)

4. All In Jest..."Played, And Finally Paid"

5. "A Smoking Voice" - By Mark Baxter

6. "Missing A Band Member?" - By Carolyn Ballen

7. "Band Agreements" - By Joy R. Butler, Esq.

8. "Can Film & TV Be The Kickstart Your Career
Needs?" - By Tim Sweeney

9. "Different Deals Awaiting 'Successful' Independent
Labels" - By Christopher Knab

10. "Bios That Require By-Passes" - By Kenny Love

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

1. Editor's Blurb:

Happy New Year! Now, that we've finally managed
to get that little discrepancy settled over which year,
2000 or 2001, truly marks the new Millennium, shall
we move on to other nonsensical topics and subject
matter at hand that we seem to be so very good at? :-)

Welcome to the January, 2001 issue of the "B# Newsletter."
It's hard to believe that this is the 12th issue,
completing the first year of "B#'s" publication.
I am looking forward to its upcoming 2nd year,
starting next month. And, as such, in its celebration,
I hope to unveil some of the best articles ever next
month in a new spiral-bound compilation titled,
" 'Breaking' A Record (Without Going Broke)."

For subscribers too young to remember, the term,
"breaking," was first used when the commercial
music industry was in its infancy and, if memory
serves me correctly (which it doesn't always), it
was first coined by old-time record promoters
regarding new music releases they were
representing and attempting to get aired on radio
stations.

Well, how was your Christmas holiday? If yours
was anything like mine, it was quite a much
welcomed speedy experience, as I actually
managed to escape most of the commercialism
associated with it.

I also ate much less than normally, enabling me to
fulfill one of my New Year's resolutions of crawling
out of bed this morning at 3:30 a.m. to begin a new
form of jogging and exercise program. Unfortunately,
due to warranted excess, I am also now crawling
around the house in an excessive amount of pain as
well.

"Ouch! Is there a doctor in the house? Or, better
yet, a chiropractor? No overly enthused
acupuncture sadists need apply! On second
thought, please be ever so kind as to retrieve my
hollow-point-loaded .45 from the medicine cabinet."

This month marks an increase in the number of
products and services in our "Music Career"
section. However, I believe you will find them all
to be of great value to you and your career.

Lastly, I have also begun publication of a new email
advisory titled, "The Shield." If you are ever away on
gigs or on tour, and worry about your loved one,
family, kids, property, the dog or the cat, I encourage
you to also sign up for this newsletter as well.

Completely written by law enforcement officers,
officials, and individuals professionally associated
with the law enforcement industry, "The Shield" will
provide the best peace of mind and professional
'ounce of prevention' you can have now, instead of
the 'pound of cure' you might find yourself,
unfortunately, needing later. And, this goes double if
you also happen to reside in a highly populated
metropolitan area.

To subscribe, simply send a blank email request to
TheShield-subscribe@egroups.com, or visit the
signup page at http://www.egroups.com/group/TheShield.
You can also receive the first month's issue by simply
sending a blank email request to
freeshield@....

Additionally, there is also a companion discussion
list titled, "ShieldTalk." You can also subscribe to it
by sending a blank email request to
ShieldTalk-subscribe@egroups.com, or at
http://www.egroups.com/group/ShieldTalk.

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

2. B# RoundTable Discussion List

Check out the "B# RoundTable," the companion
discussion list to this newsletter.

List Member Sue Willett says...

"Anyway, Kenny et al - this is the second time this
list has really come through for me - first, getting
to work with Shirley on that Xmas song, which was a
lot of fun, and now this killer panel thing.

What a great group we have here..."

Sue
--
sue@...
free music previews at
http://www.suewillett.com

----------------------------------------------------

We'd also like to get your thoughts on how you have
found the "B# Newsletter," or if you are already on
the "B# RoundTable" discussion list, how you find it
as well. We'll post your comments right here, along
with a link to your CD, site, business, or service.

And, if you have not yet joined the discussion list,
let me stress that highly useful information, questions,
and answers are being posted over there in "real
time," that can enhance the high quality information
you already receive in the "B# Newsletter."

And, this is info that may just happen to be the
particular subject matter you are missing out on by
not taking advantage of joining. To join the
discussion list, simply send a blank Email to:
mailto:BSharpRoundTable-subscribe@egroups.com.

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

3. Music Career Stuff (Necessary Evils)

* CD STREET.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 get paid from CD sales
- You are paid monthly for your CD sales
- You can accept credit cards for CD sales at Gigs

Check them out at http://www.cdstreet.com and be
sure to tell them you learned about them in
Kenny Love's "B# Newsletter."


* THE BANDIT A&R NEWSLETTER

ARE YOU an unsigned act, songwriter or producer?
Looking for a Record, Publishing, Management and
Licensing deal worldwide, especially in the UK and
USA? Each month the BANDIT A&R NEWSLETTER
publishes features on Labels, Publishers, Management's
etc looking to sign acts, songs or masters. Get yourself
a FREE SAMPLE COPY from: bandit.B#@...


* THE MUSICIAN'S TIP SHEET

Subscribe to the Musician's Tip Sheet...a free weekly
newsletter for musicians which includes many industry
contacts and informative information about the music
industry. To subscribe, please send an email to:
mailto:musicians-tipsheet-subscribe@egroups.com.


* RECORD PROMOTION

Need some professional Radio Airplay & Press
Publicity, but can't afford all the scary high prices
you've seen from other promoters and publicists?
Check my rates out at kennylove@....


* RADIO MUSIC SHOW

Get information on my upcoming radio music show that
will present Indie recording artists from all over the
world: http://www.mi2n.com/press.php3?press_nb=16014


* MUSIC BUSINESS ARTICLES

Read my Music Business/Career/Promotion articles
at: http://www.musicdish.com/mag/list.php3?author=16


* $TIFF-PROOF ARTICLES

Get my 2 articles that show you how to avoid getting
ripped off by non-paying gigs and, particularly, clubs.
Titled, "How to $tiff-Proof Local Gigs," and "How to
$tiff-Proof 'Outside' Gigs," you can immediately
receive them by sending blank emails to
stiffproof@... and
stiffproof2@..., respectively.


* Want to take your $tiff-Proof expertise, and the
ability to protect your musical assets in advance, to
an even higher level? Then, how about being able to
now check out potentially sheister club owners, et al
(personally and professionally), or any other gigs you
might be "suspicious" or leery of in advance?

And, all *BEFORE* committing yourself to signing a
contract or agreement, and/or getting stuck out on
the road with no financial back-up? In fact, how
would you like the ability to check out *EVERY* gig
stop along a tour route for its financial solvency and
ability to pay up? To dramatically decrease your
financial risks, visit
http://affiliates.jeanharris.com/cgi-bin/clickthru.cgi?
sid=kennylove&pid=ND


* PAYPAL...A MUSIC FRIEND INDEED...

Having trouble setting up a merchant account for
credit card sales on your own web site due to bad
credit or no credit? Or, want to get your money for
web site sales instantly without waiting 30 days on
other sites? Then, PayPal lets you eliminate both
these dilemmas. To get started, just click on the
link below.

https://secure.paypal.com/refer/pal=kennylovepr%40yahoo.com


* MUSICIAN! PROTECT THYSELF!

To learn firsthand knowledge on how to protect
yourself while on the road, and your loved ones
while away, sign up for our new FREE newsletter
titled, "The Shield," written exclusively by law
enforcement officers. Send a blank email to
TheShield-subscribe@egroups.com, or visit the
signup page at http://www.egroups.com/group/TheShield.
Get the first issue by sending a blank email to
freeshield@....


* "BIG $ WITH YOUR COMPUTER"

During off nights & gig breaks, why not put your PC
& software skills to great use in 2 little-known, but
high-profit ventures. Get more detailed info at
skills@....


* ADVERTISING SPACE HERE

Promote your own Music-Related Product,
Service, or Information here for only $10 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.


* PASS IT FORWARD

Do a fellow musician an incredibly wonderful favor
today...tell 'em about the "B# Newsletter," or simply
forward this copy to them.

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

4. All In Jest

"Played, And Finally Paid"

By Kenny Love


The courtroom was packed as testimony began in
the sentencing hearing of Johnny B. Goode, a
musician convicted of murdering a club owner for
not paying him as promised.

After the gig, the musician had sulked for weeks
before getting high enough one night to bravely return
to the club via the back door to murder the club owner.

With multiple witnesses to the murder, and witnesses
further verifying that the club owner had finally forked
over payment to the musician while being beaten to a
pulp, the defense attorney knew, without a doubt, that
he had his work cut out for him.

In order to make his client appear more sympathetic
to the Judge, since the musician had appeared so
nonchalant about the sordid incident the entire time
of the trial, the defense attorney began his questioning.

"Mr. Goode," he began, "was there any point that
night, as you were murdering Mr. Davis, owner of the
'Forget It' nightclub, and after he, indeed, paid you...
where you felt pity and utter sorrow for him, Sir?"

The musician thought for a moment.

"Well...yes," replied Goode solemnly while bowing
his head in shame. "I suppose there was a brief
instance, now that I think about it," he added.

"When, Mr. Goode? At what point did you feel regret
for this horrendous act you were committing against
Mr. Davis, Sir?" the attorney inquired.

The musician thought for another fleeting moment,
while simultaneously rubbing his chin and looking
skyward (much like David Letterman often does
during his daydreaming sequences). Then, returning
his gaze to the attorney, the musician replied.

"Well...when he was asking for his change back,"
Goode answered.

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

5. "A Smoking Voice"

By Mark Baxter


It seems every new year begins the same way --
promises, promises. In our effort to improve, we vow
to quit something. Smoking, drinking, drugs, and junk
food are usually at the top of the list. Instinctively, we
know these are bad for singing, but by the time March
rolls around, the resolve for a new lifestyle turns out to
be as empty as that bag of Doritos under your bed.

There is a very scientific reason for this: smoking is
cool, drinking is fun, and Doritos taste better than
peas. That's why we start these habits, but after a
few years, that's not why we continue. Once the
body adapts to a routine, even a bad one, it
becomes the norm. Ironically, quitting something
unhealthy will make you feel worse, for awhile.

Your voice will also take a temporary down-turn.
Even more disturbing, we all know of someone who
smokes, drinks, parties and still has an incredible
voice. Life is not fair. The only thing that matters,
though, is what your own body and mind can handle.
I am not one to preach about lifestyle, nor do I
advocate denial. Learn the facts; then live with your
choices.

* Here's how cigarettes affect the voice:

Your throat narrows above the larynx, much like a
funnel. Tars, resins and, worst of all, the heat from
inhaled smoke, is concentrated as it passes through
the folds. These are very sensitive mucous
membranes that are easily irritated.

Think of the reaction if someone blew smoke into
your eyes -- over and over again. The degree of
irritation is proportionate to the amount and brand
you smoke. Once the protective lubrication is
burned off, the folds will heat up and swell quickly.

Swollen folds perform like a leaky valve; much air is
wasted in the production of sound. The body senses
the loss of air and works harder to drive the voice,
creating more friction and, therefore, more swelling.
In time, many of the muscles around the larynx
become rigid from fatigue. This lack of flexibility
reduces range. The end result is the classic
smoker's voice...low and husky.

Many people prefer this quality, and claim they
smoke to maintain the sound. Not necessary.
Consciously over-driving air pressure will also make
your folds rigid and swollen, creating the same sound,
with far more control. If the throat becomes fatigued,
you can always back off the pressure and save your
voice. When a smoker's voice is spent, there are no
options.

The physical burden of smoking is most apparent on
the road, where staying healthy is paramount to a
cost-effective tour. Smoking saps vitamins, reduces
your aerobic capacity, and interferes with restful sleep.

The body has a hard time repairing itself. Heavy
smokers catch more colds and suffer more severe
symptoms than non-smokers. The expense of a
pack-a-day habit also deserves a reality check.
Three bucks a day can translate easily into a better
diet, a four-track recorder at the end of a year, or,
better yet, voice lessons!

If you are newly inspired to become a non-smoker --
don't quit. Instead, force yourself to eat more fruits
and vegetables, pump vitamins and herbal
supplements, exercise daily, and flood yourself with
water.

This new behavior will seem repulsive to your body
at first. But, stick with it, and smoking will gradually
become less attractive, and less necessary.
Gradually backing out of the habit helps avoid the
shock of cold turkey, and the inevitable relapse.
Little by little, it's better to slice the vice away for a
truly smoking voice!
________________________________________

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.

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

6. "Missing A Band Member?"

By Carolyn Ballen


There are all types of reasons why you might find
yourself needing a new player for your band. The
first thing that you should do is ask around. Getting
a personal recommendation is always best. If you're
lucky, you may know someone in your area who
would fit the bill perfectly.

But, unfortunately, this isn't always the case. So, if
you need to go outside your peers to find a band
member, following are some suggestions that might
be helpful.

a. Search the Internet:

One of the great things about the Web, is that there
is an expanse of information on very specific
categories. Search the genre most relevant to your
situation.

b. Check Regional Papers/Music Rags/Zines:

Many publications carry listings of musicians
seeking other musicians. Most regional
publications, especially if they're music-related,
have quite an extensive listing of this category. You
should also find corresponding web sites for all of
the above, then locate the online "Musicians seeking
Musicians" section.

c. Web Site Postings:

There are tons of music web sites that will allow you
to post his type of listing as well. Check out
www.communitymusician.com for some of the most
active message boards that I've seen. You can also
find quite an extensive listing of sites that offer music
referrals at http://www.indie-music.com/referral.htm.

d. Use Search Engines

"Search All Words" for, "musician wanted classified."
You'll receive a ton of listings of regional places
where you can post information. My own current
favorite is www.copernic.com which searches all of
the search engines. If you don't want to deal with the
download that this engine requires, I would then
recommend trying www.google.com, instead.

e. Discussion Groups:

You can join discussion groups. I moderate a
discussion list with Derek Sivers of CD Baby
called "MusicThoughts" at Egroups.com. You
can subscribe by sending a blank email to
musicthoughts-subscribe@egroups.com. You can
also check out all the other communities that are at
www.egroups.com as well. There's a ton of them!

f. Local Radio Shows:

Most radio stations have, at least, one local show
each week, if not more. Contact the station
advertising department personnel and ask whether
they run announcements regarding musicians
seeking other musicians to perform with. The
station might also have a similar section on its web
site. Check it out.

g. Post In Regional Print Newspapers:

As you begin to spread the news, you will most
likely need to create some sort of classified ad.
Why not post a listing in the regional papers?
These types of listings are generally not very
expensive.

The key to creating an effective classified ad, is to
use as few words as possible that will convey a lot
of information. As you sit down to write, you must
keep the following in mind...

* You want to make sure that your ad appeals to the
kind of musician you are seeking

* You want to avoid a bunch of unqualified
applicants who will waste your time

To the above end.also keep the following in mind

* Make sure that you don't use terms that could be
considered too subjective. For instance, stage
presence could mean very different things, to
different people. So, clarify your intended meaning.

* Be sure to specify your physical location. If you're
listing in a regional publication, you might actually
want to list an address, as opposed to something
that would have national exposure where you might
only list your city and provide further info to those that
inquire. Better yet, make sure you convey that you
are local by including your telephone number.

* When describing the band, avoid making such
statements as "your band is amazing," for it doesn't
tell the reader very much. You should, otherwise,
stick to factual info about the music, such as style
and genre.

While many people prefer to shy away from
comparisons, they can often be helpful. I toured with
a band that described itself as, "rage against the
chili peppers." People understood what the music
was about far better than when it was described as
"Hollywood Hip Hop hype Rock with a melody."

* You also want to let people know in advance if you
have any significant scheduling requirements, such
as heavy touring, or late night practice.

Don't forget...Editing your ad is KEY! You must be
as concise as possible. Continuously review your
writing, trying to eliminate as many words as
possible. You'd be surprised how succinct you can
make things. After you've written a draft of your ad,
leave it, then come back to it a few hours later, or the
next day, to work on it more. Repeat this process as
many times as necessary. It will make a big
difference.

Don't forget to keep track of your contacts.
Everyone whom you speak with, should be entered
into your database so that you have easy access
to their information. Your database is also your
most valuable marketing tool. The larger it is, the
better your reach when you promote your music.

You want to maintain and build your database at
every turn. If you'd like to read more on how
important your database is, along with ways to
constantly build it, please feel free to email me at
cb@..., and I'll direct you to a
corresponding article that addresses it.

(Marketing Note: Notice my tactic for getting your
contact information in order to build my own
database. The article that I mentioned has a ton of
great information and, when you email me to request
it, I will have your email address. Start keeping an
eye out for methods such as this, and use examples
that you think work well).
________________________________________

Editor's Note: Carolyn Ballen produces "The Indie
Music Forum," a traveling seminar for those just
starting out in the music business, or just getting
involved in the business of their music. See her
web site at http://www.IndieMusicForum.com.

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

7. "Band Agreements" - By Joy R. Butler, Esq.


Every business, including the business of a band,
falls into one of several categories. If the band
doesn't select a category for itself, it is automatically
a general partnership. While partners can have a
formal or written agreement, one is not required for
a partnership to exist.

But if your band *doesn't* have an agreement, your
state's partnership law will impose certain conditions
on the working relationship among band members.
This may be no big deal...until there's a disagreement
involving an issue such as whether the band can
continue playing songs written by a member who
ultimately leaves the group, or who gets to continue
using the band name in the event the group breaks up.

Without a formal agreement, you may not like the
way these issues are resolved under your state's
general partnership laws.

Here are some of the factors band members need
to consider when preparing a formal agreement.
The following outline is for a partnership. However,
after evaluating their particular circumstances
(preferably, with the help of an attorney and/or an
accountant), the band members may decide it
makes more sense to organize the business as a
corporation or a limited liability company (an LLC).

The same terms discussed below can be written into
an agreement among the shareholders of a
corporation or among the members of an LLC.

a. Identification of Partners/Owners:

Each person who plays with the band may be a
partner in the partnership. Alternatively, ownership
may be restricted to one, or a few individuals -
perhaps to those members who founded the band.
Under this alternative, the remaining band members
are employees of the partnership.

b. Band Name:

The name is perhaps the most valuable asset
belonging to a band. The group must decide who
holds the rights in the name. The group may decide
that the name is owned by the partnership as a
whole, or by one or more individual band members.
If the partnership owns the name, the agreement
should address who has the right to use the name in
the event the partnership (and the band) disbands.

c. Contribution of Partners:

- This section addresses what each partner must
contribute to the group in terms of start-up money
and time commitment.

d. Departing Members:

Under the partnership laws of some states, a
departing partner triggers the automatic termination
of the partnership, unless there is a written
agreement to the contrary. If you live in such a state,
your agreement should state that the existing
partnership will continue after the departure of a
partner.

A leaving partner has a right to be paid for her
proportionate ownership interest in the partnership
assets, whether she leaves voluntarily, or is expelled.
This provision specifies how the assets of the
partnership will be calculated, and how the leaving
partner will be paid.

If the partnership does not have a large amount of
available cash, the partners may want the option of
paying the departing partner over time in installment
payments instead of in one lump sum. The
agreement should also outline the responsibilities of
a leaving partner with respect to any partnership
debts.

This section can also include those circumstances
under which a partner may be expelled from the
partnership and the band. In addition to listing
specific reasons, the partners may want to include a
catch-all reason that allows a member to be expelled
for any conduct that warrants expulsion in the
discretion of the remaining members.

e. New Members:

This section addresses how new members will be
admitted into the band, and whether new members
of the band will also be partners in the partnership.
Originating partners must also decide whether new
partners will have all the profit participation rights
and voting rights of the original partners. Originating
partners may not want a new partner to be entitled to
a share of assets or income streams that were
secured prior to the new member becoming a
partner.

f. Division of Profits and Losses:

Typically, the partners divide the income evenly.
However, some circumstances may justify a different
split. For example, the partners may determine that
the partner who handles all the administrative and
promotional work for the group, makes a larger
contribution to the partnership and, therefore,
deserves a larger portion of the profit.

g. Voting and Management:

It is common for each partner to have an equal vote
on all issues. However, under certain circumstances,
it may make sense to skew the voting rights. For
example, one or more partners may have veto rights
on certain business issues. With respect to voting,
partners must decide whether management
decisions require a majority vote or a 2/3 vote.

The partners may decide that certain matters require
a unanimous vote. Matters worthy of a unanimous
vote might include the admission of a new partner,
the expulsion of a partner (This would of course
require the unanimous vote of all partners with the
exception of the partner being expelled), and
authorization of purchases over a certain dollar
amount.

This section should also address which partners will
handle the business affairs of the partnership. The
partnership may decide to appoint one person as the
business partner. Alternatively, management duties
may be allocated among all the partners. One of the
most important considerations is, which partners will
have the authority to sign checks on the partnership's
bank account.

h. Rights in Songs and Sound Recordings:

The partners must decide who owns the rights in
songs written by fewer than all the band members,
and who has the right to the publishing income
generated by those songs. Sound recordings made
by the band may be the property of the partnership or
the property of certain individual members.
Especially important are the group's rights in a song
written by a member who subsequently leaves the
group.

i. Termination of the Partnership:

This section should specify under what
circumstances the partnership will end. The partners
may want to limit termination to those circumstances
in which the partners agree to termination, and to
those circumstances in which termination is required
by law.

j. Resolving Disputes:

The partners may want to use mediation or arbitration
to resolve any disagreements over band business.
These methods lead to a cheaper and quicker
resolution than filing a lawsuit.
________________________________________

Editor's Note: Joy R. Butler, Esq., is a principal and
the general counsel of Sashay Communications,
LLC, a publishing and media production company,
as well as author of "The Musician's Guide Through
the Legal Jungle." Visit her web site located at
http://www.legaljungleguide.com/musician.htm.

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

8. "Can Film & TV Be The Kickstart Your Career Needs?"

By Tim Sweeney


If you are an avid TV watcher or film fan, you have
noticed that less and less known artists have their
songs featured or, are dominating the new TV
shows or movies. Instead, TV and film music
supervisors have been aggressively seeking and
actively utilizing the music of independent artists
who release their own CDs.

It may sound a bit odd in a music industry which is
dominated by major labels, and a seemingly
invisible group of people in the media who try to
keep you from succeeding, but it's true. During the
last few years, TV and film music supervisors have
contracted a number of independent artists I am
working with.

Such programs include; HBO's "Sex In The City"
and "The Soprano's," NBC's "The Immortal" and
Fox's new show, "The Street." In fact, both "The
Immortal" and "The Street" are using Gerard
McMann's a.k.a. GTomMac music for the theme
songs.

The primary interest that supervisors have in
independent artists these days is mainly because
of your "friends" at the major labels. Supervisors
who inquire about various major artists are sent
wonderful packages to entice them.

Once they have decided on an artist and a piece of
music, they then contact the label to find out what it
will cost to use the artist's song. They are then
provided a figure starting at approximately $5,000,
plus residual dollars for the use of 30 seconds of the
song. This figure is usually higher for more
established artists.

Obviously, with the risk that a TV show may not
even survive the season, supervisors are trying to
cut costs whenever possible. Faced with a limited
budget, many supervisors have their prayers
answered through independent artists they have
met at film festivals and conventions.

Since music supervisors usually find that
independent artists will accept between $1,500-
$2,500 for a brief usage of their song, they are
happy to provide the artists with residuals as well.
So, supervisors can use 2 or 3 independent artists'
songs for a minimum of what a major label would
require for only 1 artist.

Independent artists also offer another advantage
to supervisors. They can create new music for the
film without having to get permission from a major
label, or having the staff at the label delay the time-
sensitive process. To put it simply, major label
artists are restricted in what they can do, while
independent artists are not.

So now that you know that this playing field is also
open to you as well, following are a few key ideas
to help you get you started, and a few things you
should know.

a. Never send a TV or film supervisor a press kit.
Always send him a complete Artist Profile.
Supervisors are like everyone else. They will throw
away a pee-che folder press kit before listening to
the music. (If you don't have an Artist Profile, contact
me for assistance.

b. Build relationships with supervisors. Go to film
conferences and TV events that supervisors attend.
Talk to everyone. The guy standing alone by the tree
might be Hollywood's big new director next year.

c. If you are a fan of a TV show, send the supervisor
a note letting him know you are a fan of the show,
and that you have a song that you believe will work
well for the show. Write out your thoughts for which
character or situation it might be best suited for.

d. Get a list of TV and film supervisors, along with
their current contact information. ("The Film &
Television Music Guide" published by Music
Business Registry is an excellent one). Send the
appropriate supervisors your CD and Artist Profile.

Don't contact companies or organizations that offer
to "screen" your material to determine if they think it
is good enough "in their opinion," to send to
someone they know. While it is true that supervisors
often use these companies to keep the "garbage" to
a minimum, they also use these services because
they can get your music for free!

e. Walk away from any deal that asks you for the
exclusive rights to your songs, your publishing, for
them to use your music anyway they want, however
long they want, and ESPECIALLY if they are NOT
offering any money. Don't be a sucker for the
people who say they can get your song placed if you
don't take any money.

Believe me, you will end up on a supervisor's list of
artists to call when they have no money left and they
want music. Always get paid for your work!
Organizations that pre-screen materials for
supervisors have the reputation for providing them
with "free music," and that's why they call them.

Film and TV exposure of your music can be the
"kick start" your career needs to get going. For an
example, look at Elliot Smith's career. Many of you
wouldn't even know of him if his music wasn't in the
movie, "Good Will Hunting." Or, the aforementioned
Gerard McMann, who still sells thousands of CDs of
his "Cry Little Sister" song from "The Lost Boys"
movie.

One final note:

A large number of music supervisors like to review
an artist's web site. Make sure that your site is built
upon your Artist Profile, and not a press kit. "The
Complete Guide To Independent Promotion For
Musicians, Artists & Songwriters" can help you
redesign your site.
________________________________________

Editor's Note: Tim Sweeney is host of "The Living
Room Sessions," an audio cassette series, as well
as the best-selling author of "The Guide to Releasing
Independent Records." Contact him directly at
909-303-9506, as well as paying a visit to his web
site at http://www.tsamusic.com.

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9. "Different Deals Awaiting 'Successful'
Independent Labels"

By Christopher Knab


Over the last few issues, this column has concentrated
on issues related to promoting and marketing your
career as an independent musician. The most
important thing an artist can do to get the attention of
the recording industry, is to start your own label, then
build a reputation for your music by showing the
industry how popular your music is, i.e. how many
people bought your record. As the new year begins,
I wanted to give you some information regarding what
can, potentially, happen IF you get the industry's
attention.

Starting an Indie label is really quite similar to starting
your career as a musician. Your label needs to
impress the music industry with its stories of success,
just like you need to do as a musician with your
creative talents. The reward for building a successful
label is the possibility of doing business with a major
label someday...on your own terms.

Major labels need to work with successful Indie
labels in order to maintain their viability in an ever-
changing popular music environment. So, they keep
their eyes open, so to speak, for Indie labels and
artists who have had success with a certain musical
genre, or musical style.

There are several deals that may come your way as
you become more successful. The following short
summaries of the most common kinds of Indie/Major
deals are given to you as an introduction to them.
They are discussed with far more detail in the book,
"The Musicians Business and Legal Guide,"
published by Prentice Hall. A new (3rd edition) of
this reference will be available in Spring, 2001.

Additionally, I would like to thank Bart Day, my co-
author of the chapter dealing with this topic, for his
cooperation and help in preparing this information.

* a. Pressing and Distribution ("P&D") Deals:

The name of this deal describes its basic premise.
The Indie label finances the recording process, then
delivers the final master recording to a major label
distribution company, which then presses (i.e.,
manufactures) the records and distributes those
records to sub-distributors, retailers, etc. In the case
of P&D deals, as in the case of the next three
distribution-oriented deals discussed below, the
independent label will retain all ownership rights in
the master recordings.

* b. "Distribution Only" Deals:

Basically the same as the "P&D" deal described
above, except that in this case, the Indie label (not
the major label) presses the records. The major
label's role is one of "distribution only."

* c. "Fulfillment Deals":

Again, basically the same as the "P&D" deal
described above, except that here, the records are
not distributed through the major label's traditional
distribution system but, instead, are distributed
through an ostensibly "independent distributor" that
is owned by the major label. This "independent
distributor," acting on behalf of the Indie label, ships
such records as are ordered by Indie sub-distributors
and Indie record stores. It also handles all billing
responsibilities. In short, the "independent
distributor's" role is to fulfill orders from third parties
for the independent label's records.

* d. "Piggyback" Deals:

This deal is executed when an Indie label doesn't
have the clout to get its own distribution deal. In
order to obtain distribution, the Indie label must
"piggyback" onto another Indie label's already-
existing distribution deal with a record distributor.

* e. "Production Deals":

The "independent label" in this case, is really only a
production company that is financed by the major
label, and created solely for the purpose of producing
records. The production company uses the major
label's financing to sign artists and produce records,
then delivers the masters to the major label. The
major label will manufacture and distribute the
records and handle the marketing and promotion
activities. The major label will own the masters.

* f. "Joint Venture" Deals:

The word 'joint' implies a joining of forces by a
major label and an Indie label, whereby, both agree
to share responsibility for the making of records,
along with the marketing and promotion
responsibilities of those records. These
responsibilities are divided in whatever way the two
labels agree upon in their formal joint venture
agreement. The major label finances the joint venture.
Then, from income derived from record sales, the
major label reimburses itself for the expenses that it
has occurred, with the net profits being divided
between the two labels.

* g. "Equity" Deals:

Think of 'equity' as having an investment in
something. With this type of deal, the major label
invests money in the independent label and, in
exchange, the major label acquires either part
ownership, or total ownership, of the independent
label, the independent label's assets, as well as its
contracts with artists.

* h. "Major Label Licensing" Deal:

Here, the major label owns the masters, but
"licenses" (i.e., leases) the masters to the
independent label for a limited amount of time
(usually a few years), and during which time, the
independent label will have the rights to sell records
made from those masters. In return, the independent
label pays a royalty to the major label for each record
sold. All manufacturing, marketing and promotion
costs are paid by the independent label, though the
major label continues to own the masters at all times.

* i. "Licensing To Major Labels":

The exact reverse of the above deal. Here, it is the
independent label which owns the masters, and is
licensing (leasing) the masters to the major label for
a limited period of time. In exchange, the major label
pays royalties to the independent label.

* j. "Rights Buyouts":

In a "rights buyout" situation, the independent label
has previously signed a recording contract with an
artist. At a later time, a major label buys all of the
rights of the independent label in the artist-in other
words, all rights that the independent label has in the
artist under the terms of its recording contract with
the artist. In short, the major label steps into the
shoes of the independent label. In return, the major
label normally agrees to pay a cash advance to the
independent label, and a royalty on future sales by the
major label of records featuring that artist.
________________________________________

Editor's Note: Chris Knab is president of FourFront
Media & Music, an organization providing unique
consultation and education services for independent
musicians and record labels. See the web site at
http://www.knab.com.

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10. "Bios That Require By-Passes"

By Kenny Love


As I've often stated, as a record promoter and music
reviewer, I receive numerous compact discs for
consideration of either promotion, or music reviews
and interviews. Yet, if I open another media kit to find
one more 'cookie-cutter'-styled bio (9 out of 10), I just
might also find myself a candidate for a quadruple
bypass.

So, before moving on, perhaps an explanation of a
couple of terms is in store, taken from the 2001
edition of "Kenny Love's International/Collegiate
Dictionary," which, by the say, is on sale this week
for only $187,389.78 (plus shipping/handling...TX
residents please include .0845% tax :-).

a. "Cookie-cutter" - Def. 1. A little apparatus, usually
found in Mommy's or Granny's kitchen and, generally,
in the baking section that is used to produce attractive
tasty shapes from mixtures of flour, water, sugar,
and other ingredients for the purpose of increasing
body weight, a significant number of cavities, and
smiles on the faces of its unsuspecting victims.

b. "C-C-Bio" - Def. 2. A bio that so reads as to
present that it is one of thousands similar which has
simply exchanged names, addresses, and likenesses.

The point is, in my experience, most bios are
extremely boring. So, in my own selfish interest of
reducing the number of heart-failure-producing
musical bios I receive, I have provided the proverbial
'DOs' & 'DON'Ts' for, hopefully, increasing bio
effectiveness with music media contacts:

DON'Ts:

a. DON'T tell media people that your dog getting
accidentally hit by the UPS truck, inspired you to
become a singer/writer of sad-sack songs. Not to
appear cold-hearted and uncaring for the dog, but
media people really do not care to this point.

Besides, it's a widely known (and accepted) fact that
UPS drivers drive much too fast, and will eventually
run you over anyway. But, this is one of those little
things in life we learn to accept early on in our driving.
And, additionally, some of my best friends are dogs.

b. DON'T inform media people of when you received
your first little guitar and, especially, that you received
it at age 4, or that it was one of those sunburst-color
Montgomery Ward or Sears brands with the rubber
band or dental floss-quality strings.

If you did not become a virtuoso or protege on it by
the ripe old age of 7, or even 10 years of age with it,
what does it really matter? By the way, remember
when you would attempt to tune the MW & Sears
brand guitars only slightly, how the strings would
always break? Not that this ever happened to ME,
mind you.

c. DON'T make a statement to the effect of, "When
Uncle Harry and Aunt Sally first heard me sing along
with the radio, they unanimously agreed that I was
destined for both the moon and stars."

First off, there is a great chance that neither Uncle
Harry, nor Aunt Sally, know anything about the music
business, and/or how it works, nor how much work
goes into every aspect of it, at every level.

If you are going to believe either of them, might I also
suggest your making a telephone call to that crazy
woman, "Cleo," who keeps advertising, not only her
ability to see your blind future, but also the high
success rate of her Tarot cards? Interestingly, after
listening to her recorded customer testimonials on
TV, not once have I heard any of them request to learn
how long they have to live, or when they will die. Hmm...

d. DON'T state that you are also a fine actor, and an
equally talented athlete, with aspirations of film and
professional sports careers. While this may present
you as multi-talented, it will also present you as multi-
desperate for success by any means necessary. If
you are seeking other professional positions, restrict
those to their respective areas.

DO's:

a. DO convey to media people which elements
make you, your music, and/or your career unique,
i.e., sound, lyric arrangements, vocal arrangements,
choice of instrumentation.

b. DO state what makes your live performances
also unique, or which aspect(s) of your show
audiences most like.

c. DO state any major industry awards or contests
you have won through your music.

d. DO state widely recognized national acts you
have headlined for and, more importantly, any major
artists you have actually performed with within their
own respective musical acts.

While this article has bluntly pointed out several
specifics, both negative and positive, its overall
intent is to inspire musicians to present more
professional revelations and representations of
themselves and their careers, as opposed to
providing what often comes across to media
people as dumbdowned, cookie-cutter content,
simply created in the interest of serving as
'page-filler' within artists' media kits.

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

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:
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know how well we are serving you through our
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Then, upon approval, simply post to
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Also, if you are aware of fellow independent
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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?

Thank you for reading us...until next month.

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************************************************************
Volume 1: Issue 12| The B# Newsletter | January, 2001
Publisher/Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
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