* * * A N N I V E R S A R Y I S S U E * * *

* * * Yippee! We're 1-year-old today! * * *

[Check below to see if you are a winner to 1 of over
60 prizes in our Anniversary Prize Giveaway!]

************************************************************
Volume 2: Issue 1| The B# Newsletter | February, 2001
Publisher/Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
Web Site Sign-Up:
http://www.egroups.com/group/BSharpNews
Email Subscribe: mailto:BSharpNews-subscribe@egroups.com
Email Unsubscribe: mailto:BSharpNews-unsubscribe@egroups.com
List owner: mailto:BSharpNews-owner@egroups.com
POWERFUL "B#" Testimonials: bsharptest@...
Last Month's Issue: mailto:bsharp0101@...
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: "I'm Alive! I'm Alive!"

5. "The Importance Of Soundscan For
An Independent Artist"

By Tim Sweeney

6. "Blah, Blah, Blah...What *NOT* To Say"

By Derek Sivers

7. "Brief Guidelines For Negotiating Any Contract"

By Peter Spellman (Guest Writer)

8. "10 Things To Do RIGHT NOW to Help Your Music Career"

By Suzanne Glass

9. "2 Sick 2 Sing?"

By Mark Baxter

10. "Soundtrack Deals"

By Joy Butler

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

1. Editor's Blurb:


Hi! Welcome to the *Anniversary* issue of the "B#
Newsletter!" I decided to begin its celebration last
night by embracing a long-awaited, mouth-watering
"super-sandwich" I've seen advertised a great deal
on television in recent weeks...yeah, that one!

Not only is this "super-sandwich" convincing in its
physical appearance, but it also comes complete
with the endorsement of a celebrity sports star who
proclaims, "They make me jump higher, *and* run
faster! Honest!" Well, after such an honest
proclamation, I considered myself a fool, if I did not
personally try one on for size.

So, I rushed out and grabbed the sandwich, with the
hope that this newfound 'miracle' would be a
naturally progressive energy enhancement to my new
exercise program, which I recently began under the
auspice (lie) of a New Year's resolution. Was it worth
it?

Alas, I must confess not, as I failed miserably in my
attempt to escape one of the neighborhood dogs
that, obviously, mistook me for a prowler during my
early morning run. Well, I suppose the ski mask did
not do much to convince him otherwise either.

In my plight to escape the 4-legged snarler, the
super-sandwich neither enabled me to jump higher,
nor run faster. In fact, to tell you the truth, I seemed
a mite slower this morning. Funny thing is though, I
kept hearing those exact reverbed words of that
sports star in my mind as I bearly cleared the fence,
followed momentarily by a mid-air-colliding, tumble-
and-wrestle session with a slobbering/biting Great
Dane (wonder if the failure of the owner to observe
the local leash law can get me awarded damages in
court)?

I've now revised my New Year's resolution to include
the avoidance of wearing ski masks at *all* costs,
night or day, as well as the preclusion of purchasing
any products endorsed by celebrity sports figures.
And, Michael Jordan can keep his batteries as well...
I'm sticking with electrical appliances...they're much
safer, not to mention, more dependable.

<<<<<<>>>>>>>>

UNBEATABLE RECORD PROMOTION OFFER!

Also, in further celebration of "B#," I've got a once-in-
a-lifetime deal for musicians who badly want (and
need) Record Promotion *AND* Press Publicity for
their CDs, but can't afford the high priced promoters
out there. Now, this offer even knocks a Grand
Canyon-size hole in my own lowest-in-the-industry
rates!

But! There's a catch! This limited-time-offer is
*ONLY* good for the month of February. Get more
info RIGHT NOW at preview@...,
'cause if you're late, in the words of Capt. Kirk's
(Priceline.com) TV ads, "It's gone, baby...it's...gone!"

<<<<<<>>>>>>>>

As you are aware, in celebration of the "B# Newsletter"
turning 1-year-old this month (in fact, today!), we ran a
special bang-up contest that gave away over 60 prizes
to some lucky "B# Newsletter" subscribers.

In the interim, we would like to thank the following
absolutely incredibly wonderful sponsors who so
graciously and readily provided the prizes in support
of the contest. As a special favor to me, please take
the moment to send them a special thank you note
for their going beyond the call of duty in enhancing the
Indie music community just a wee bit more.

a. Jeri Goldstein - The *Grand Prize*...a Gold
Membership to Ms. Goldstein's heralded consultation
program, and worth $225). Additionally, Jeri
provided 5 copies of her exhaustive reference, "How
To Be Your Own Booking Agent."

Web Site: http://www.nmtinc.com/.


b. Jeffrey Fisher - Mr. Fisher graced us with
5 copies of his 'take-no-prisoners' reference,
"Ruthless Self-Promotion." With it, your promotional
'sinuses' will be opened even more so.

Web Site: http://www.mcs.net/~fishercg/rsp.html/

c. David Wimble - You are familiar with Mr. Wimble
as the man who produced the tome, "Indie Contact
Bible," which I believe, at last count, contained over
4,500 promotional resources for getting your CD
heard, seen, felt, etc. It's definitely extensive.

http://www.bigmeteor.com/icb/icb.htm

d. Melissa Ramey/Publisher: Ms. Ramey is
representing the mastermind-produced "MP3 For
Musicians," by authors John Hedtke and Sandy
Bradley. Over 300 exclusive pages of anything
and everything you thought you wanted to know
about MP3 music files.

http://www.topfloor.com

e. Joy Butler - One of our own writers, Ms. Butler,
a Music Business Attorney, also graced us with
copies of her in-depth audio book, the "Musician's
Guide Through The Legal Jungle."

http://www.sashaycommunications.com/musician.htm

f. David Hooper - Mr. Hooper, President/CEO of
IndieBiz and Kathode Ray Music, provided us with
5 copies of his CD-ROM that consists of over 600
promotional tips.

http://www.indiebiz.com
http://www.kathoderaymusic.com

g. Mark Baxter - Another one of our writers, Mr.
Baxter, one of the leading voice coaches to Grammy
recording artists, presented us with his singing bible,
the "Rock-N-Roll Singer's Survival Guide." This will
be a great reference for 5 lucky winners.

http://www.voicelesson.com

h. Jodi Krangle - Ms. Krangle has a major music site
for songwriters titled, "Muse's Muse." Her newsletter
is offering ad space to 5 winners. Got a music product
service, or anything else music-related for sale? This
is one of the places you want to be.

http://www.musesmuse.com

i. David Nevue - Mr. Nevue, author of "How To
Promote Your Music Successfully On The Internet,"
also offers up 5 copies of his spiral-bound
reference that provides you on the most apt
places for online promotion.

http://www.rainmusic.com

j. Suzanne Glass - Yet, another B# writer, Ms. Glass
is also President/CEO of one of the largest online
sites for musicians. Exhaustive and extensive, she
is another source providing ad space to 5 winners
in her high circulation newsletter.

http://www.indie-music.com

k. Musician's Resource Group - Proud sponsors of
the "Musician's Atlas 2001." A reference that
provides most media contacts ranging from local
to international.

http://www.musiciansatlas.com

l. Maureen Jack - Ms. Jack graces us with a new
reference titled, "How To Find Gigs That Pay Big
Bucks." Exactly what is needed for, at least, 75%
of the working musicians out there every night, and
not a moment too soon.

http://www.musicbooksplus.com/books/byh01.htm

Now, just who in the heck are the lucky winners of all
these great prizes? Well, to see if you are on the list,
just send a request to prizes@....

For those of you who were random winners, we need
a complete mailing address and telephone number
from you in order to ship your prize.

We wish to thank everyone who entered for taking the
time to do so and participate in what was a truly
wonderful event. This contest was such fun, we are
already in the planning stages of another. So, even if
you were not a winner this time, there are more coming
in the near future. :-)

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

2. B# RoundTable Discussion List

Check out the "B# RoundTable," the companion
discussion list to this newsletter, for questions,
answers, issues, news, and a myriad of other
informative notices. 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.


* WANTED: A SURVIVAL PLAN FOR THE
MUSIC INDUSTRY

***** Napster And The Consequences *****

This 80-page white paper by Diebold, a leading
German management and technology consultancy,
provides an analysis of the current Internet strategies
of the five largest record labels and their online rivals
within the context of the evolving marketplace to
challenge while drawing a roadmap to the music
industry.

Purchase Report: http://www.taggin.com/diebold/


* Check out what's going on over at "East Coast
Music Publishing." Mary-Ann Thomas is the Pres.
and you can receive complete details at


* MY UPCOMING RADIO MUSIC SHOW
"Kenny Love's Indie Mix"

(The Countdown Continues...10...9...8...)

Get your CDs in to me faster than lightening strikes
twice for my new upcoming radio show. I'm
especially interested in the following genres; R&B,
Jazz, Progressive Rock, Blues, Hip Hop, or any other
formats considered "commercially viable," though
not necessarily in that order. If your music has that
special commercial thingy going on that makes
listeners either say, "Hey, that sounds just like...," or
"Hey, I think I've heard that before at...," by all means,
get that CD on over here!

http://www.mi2n.com/press.php3?press_nb=16014


* $TIFF-PROOF ARTICLES
(Vitally Important to Gigging/Performing Musicians)

Get my 2 articles that show you how to avoid getting
ripped off by non-paying club owners. 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 *beforehand*?

http://affiliates.jeanharris.com/cgi-bin/clickthru.cgi?
sid=kennylove&pid=ND


* MUSIC BUSINESS ARTICLES

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


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

Want your money for web site sales instantly without
waiting 30 days on other sites to pay you? Then,
check out PayPal.

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


* MUSICIAN! PROTECT THYSELF!

Protect yourself while on the road, and your loved
ones while away, with advice from real cops in
"The Shield," my new FREE newsletter. Get the
real inside "dope" <= (sorry, guys) and the latest
issue at freeshield@.... Sign up at
http://www.egroups.com/group/TheShield or
at TheShield-subscribe@egroups.com.


* Check out all the *new* testimonials by long-term,
as well as new subscribers and readers of the "B#
Newsletter" at bsharptest@....
They've definitely got us pickin' AND a-grinnin'...


* 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

"I'm Alive! I'm Alive!"

By Kenny Love


At the end of the funeral service for Mary Jones, who
had been collecting an enormous amount of alimony
and child support from former husband and famous
Rock superstar Drummer, Eric Jones, the pall
bearers were finally carrying the casket out, allowing
Eric to almost breathe a long-awaited sigh of financial
relief.

When they reached the outer door, however, for
some unknown reason, their weight shifted, causing
them to accidentally bump into the right corner, and
jarring the casket. Almost instantly, they heard a
faint moan coming from inside the casket, which
they immediately opened to find Mary all too alive
and well.

"I'm alive!" she exclaimed. "I'm alive!"

Ever-living Mary survives 10 more years, continuing
to collect the hefty alimony and child support
payments from Eric, before finally dying (again). A
ceremony was again held at the same place and, at
the end of the ceremony, the pall bearers were,
again, carrying out the casket.

As they neared the outer door once more, Eric yelled,

"Careful! Watch out for the corners!"

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

5. "The Importance Of Soundscan For
An Independent Artist"

By Tim Sweeney


For decades, musicians have been trying to catch
the attention of major and larger independent labels,
in hopes of landing that "ever elusive" record deal.
Mistakenly, over the years, however, artists have
believed that record deals have been offered based
upon the musical ability of the artist, instead of sales.

As hundreds of thousands of music fans can attest,
and who, primarily, listen to the radio all day, musical
ability or talent, can't be the only gauge in which
record companies find or decide on new artists.
Over the last 10+ years, independent artists have
become more aware of "the sales factor." A critical
factor in whether or not an artist is signed, and even
to the degree of commitment the record company
will promote the artist, is Soundscan.

For those new to the term, Soundscan, can easily
be defined as the system set up by the recording
industry to help measure and verify record sales
from the bar code on the CD, through sales at
record stores, live performances and, most recently,
Internet retail sites such as CD Baby and
Amazon.com.

With a proper bar code acquired from, and
registered with, the Uniform Code Council (UCC),
your CD sales at record stores such as Tower,
Virgin, Sam Goody/Musicland, etc., are
automatically tabulated through the cash registers
to a main computer at these companies'
headquarters. The sales are then forwarded to
Soundscan to be filed in "your account" containing
your name and bar code number.

In the 1990's, Soundscan understood that
verification of sales was becoming increasingly
important to major record labels that were tracking
the progress of independent artists' CDs. With that
understanding, Soundscan invented the "Venture
Verification Program" for the purpose of helping
independent artists who sell more CDs at shows
than stores, to be able to verify those actual number
of sales.

Recently, Internet sites such as Amazon.com and
CD Baby, have become important contributors to
Soundscan through their verifications of ever
increasing "cyber sales" new artists are capturing.
Once these contributors forward their reports,
anyone who subscribes to Soundscan can review
your file.

So what does this mean for you? Everything!

If you are interested in getting a "Priority" record
deal with a major label, or even a larger independent,
one of the first items of research they will do, is to
check and verify if you have sold that 'magical'
amount of 10,000 to 20,000 CDs in your own home
market and state. Then, they will want to know *how*
you did it...through record stores, or through live
performances. Afterward, they will review your online
sales.

Soundscan also has another major role in your
music career. If you are using a distributor,
Soundscan is used to verify your actual sales and
pay you! So, in the future, when you are selling CDs,
understand that verification of those sales is critical
for record companies to decide whether or not they
want to sign you, and to what degree they want to
promote you. It's also important, as I previously
mentioned, if you want to get paid!

A Final Word Of Warning!

While other articles you will read will question the
percentage of sales actually recorded by Soundscan
(because not all retailers or sites report to them), the
most important issue is, in order to take advantage
of Soundscan, you must have a properly registered
bar code from the Uniform Code Council.

DO NOT use "free" bar codes from distributors or
CD manufacturers. They are not registered with the
UCC, will not be recorded by Soundscan and,
starting this year, will cause you to be "fined" by
major retailers for using them. So again, please
first insure that you have a properly registered (and
recorded) bar code from the UCC. Then, insure that
it is registered with Soundscan. Your music career,
its success, and your profits, depend on it!
________________________________________

Editor's Note: Tim Sweeney is author of "The Guide
to Succeeding at Music Conventions," 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.

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

6. "Blah, Blah, Blah...What *NOT* To Say"

By Derek Sivers


At CD Baby, we ask musicians to give a 1-sentence
description of their style. You'd be surprised how
many artists say, "A great 4-piece band from North
Carolina. A hot new artist for the new millennium. A
band you're sure to enjoy!"

Imagine if you ran into an old friend who now owned
his own business, and you asked what his company
does. Then he says, "We're a top-notch 9-person
company in New Jersey. We believe in service,
quality, and dependability."

-= yawn =-

Would you remember that 1 minute later, or give a
damn what that business did?

Nope. They lost you.

Now, just think how many people you're also losing
when you describe your music in a boring, or generic
way.

When asked for a little more info, musicians often
say, "The members grew up in Boston and met in
high school. After the bassist left to pursue another
career, they found a replacement who has solidified
the lineup as it stands today. They regularly play the
local club scene."

Imagine a computer store saying, "Our Vice
President of Finance graduated from Penn State.
We found our office manager through an
employment agency. After our initial marketing
director left."

-= yawn =-

When a fan is learning about an artist for the first
time, the last thing they care about is uneventful band
history. As a rule, it's safe to assume people don't
care about your history until you've got a gold record.
Don't bore them with it before then (unless it's buried
deep in your website for those few folks who are
deeply curious).

Describe your music or history in a way that you
would want a total stranger running a little shop
somewhere to describe his business to you.

* Or, you can not talk at all...

Words got you down? Nothing new to say? Then,
spend some money on a great photographer.

Calvin Klein showed you don't have to talk and talk
and talk. But if you don't, it's ALLLLL up to the image.

Unless you're in heavy rotation on Top-40 radio
stations, it's not very easy for people to hear your
music. They have to go seek you out, and make an
effort to go hear you.

Music is like perfume...you must convince and
persuade people, with your words and images, to
take that initiative...to make an effort, and to hear
your music.

If you try to simply "allow the music speak for itself"
most people will never hear you.
________________________________________

Editor's Note: Derek Sivers is another one of those
MuBiz guys who needs no introduction. For, if you
have not yet heard of CD Baby (http://www.cdbaby.com),
by all means, please contact us so that we can
immediately dispatch our Roto Root-Canal guy to
perform an emergency phlebotomy.

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

7. "Brief Guidelines For Negotiating Any Contract"

By Peter Spellman


If you're involved in the music business, sooner or
later, you'll sit down with someone to negotiate an
agreement. It may be either a management or
record contract, or perhaps a "work for hire"
agreement whereby you provide music for some
particular use.

Use the following general guidelines to keep the
communication on the best level possible.

- And always think "win/win". -

* Negotiate only with those in authority in seeking an
agreement to your requests.

* Have a prioritized agenda. Begin with the most
incontestable items, then work downward to the
"stickiest" points.

* Put yourself in the other person's place, structuring
your arguments to address his or her concerns.

* Never issue ultimatums.

* Never concede a point (no matter how small)
without winning a comparable concession in return.

* Take notes and verbally summarize each point
agreed to *before* moving on to the next in order to
insure there is no misunderstanding.

* Follow up all negotiations with a memo or letter,
summarizing what was agreed to, requesting a
written response within a specified number of days
or hours if any points are disputed.

* Above all, make the other party feel good about the
outcome.
________________________________________

Editor's Note: Peter Spellman is Director of Career
Development at Berklee College of Music
(http://www.berklee.edu/), located in Boston, Ma, and
also author of "The Self-Promoting Musician: Do-it-
Yourself Strategies for Independent Music Success"
(Berklee Press). Additionally, he is President of
Music Business Solutions (http://www.mbsolutions.com/).

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

8. "10 Things To Do RIGHT NOW to Help Your Music Career"

By Suzanne Glass

With winter weather upon us, sometimes it's difficult
to keep your motivation up for booking and promoting
the band. Following are 10 things you can do today
to help things along.

1. Look at your promo photo. If it's more than a year
old, get on the phone and schedule a photo shoot. A
picture gets stale after a year, and a new picture
might be enough to get you some mentions (and
pictures!) in the music publications.

2. Videotape a few practices. Make sure you
perform a regular set list and act like it's a real gig.
Then, send a tape home with each member.
Watching it will tell you where you need improvement
in your stage performance. Don't judge the sound,
though, since video cameras sound notoriously bad.
If you're really brave, you can get the whole band
together to watch the videos.

3. Work on your set lists. Make up several set lists
to fit any show you might have. For instance, a 30-
minute set for showcasing your original music, and a
45-minute set you'd use in a club that contains about
80% covers and 20% originals...you get the idea.
Print or write out song lists for the band, making sure
the lettering is large enough to read from a distance.
Try out the lists at practices, making any adjustments
or additions. For your next gig, simply print out the
proper set lists.

4. Spend an hour each day on songwriting. Tapping
your creativity requires the commitment of time, and
the cold, dark winter months can be a great time to
indulge your muse. Spending an hour a day is an
interesting exercise.

Some people will increase their productivity, while
others will hate having set deadlines for writing. If
you hate deadlines, try giving yourself a weekend
away devoted to writing. It's essential to keep your
creative well full if you are going to keep tapping it.

5. Organize your booking contacts. Get all your
records together and update them. Which clubs
need follow up calls? Make them! Get some late
Winter and Spring gigs lined up.

6. Buy one book or publication that will help you in
your music career. A good music book will give
you new ideas and motivate you to action.

7. Update your press kit. Add any new clippings
you've received, and delete old ones as needed.
Make sure your gig listing and bio are up-to-date
also.

8. Create a postcard with your gigs printed on it, then
send it to your mailing list. Use first class mail, so
that any "dead" addresses will be returned to you.
This will allow you to clean your list of bad addresses
and stop wasting money sending undeliverables.

9. Find 10 magazines, websites, newspapers, or
e-zines that might review your music, then send
them a CD and promo kit.

10. Jam with some old friends or other people who
aren't in your band. If everyone plays a few of their
own songs, chances are you will hear something new
and different that will give you fresh inspiration for
writing your own songs. Using players you don't
regularly jam with helps you see things in new ways.

Even though the weather is cold, you can still make
valuable use of your time by doing any (or all) of the
activities above. Once you're in the right frame of
mind, you will become very creative with what you
can do EVERY DAY to help your music career.

Doing 1 thing each day will help you move forward
easily without becoming 'burned out'. Even though
each activity seems small on its own, all will add up
to a huge shot in the arm for your band.
________________________________________

Editor's Note: Suzanne Glass is President/CEO of
the high-traffic Indie-Music.com site. Check out her
potpourri of information at http://www.indie-music.com.
A special treat, is the exhaustive radio listing.

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

9. "2 Sick 2 Sing?"

By Mark Baxter

Sniff, drip, cough, sneeze,
What am I to do?
Should I take off, because of this cough?
Or suck it up and see it through?

No matter what time of year, there are elements out
there that can throw the body into a tailspin. Every
singer knows that germs, viruses, and the irritants
which cause allergies, are the enemies. Too few,
however, take the necessary preventative steps to
ward off these invaders.

To stay healthy, you must:

1. Hydrate.
2. If you are not eating your fruits and veggies, then
drink two liters of water per day.
3. Sleep.
4. Take a twenty minute power nap if you are not
getting enough sleep at night.
5. Exercise.
6. Maintain a regular routine throughout the year.
7. Eat right.
8. If you know your diet is junk, then supplement with
vitamins.
9. If you suffer from seasonal allergies, see a doctor
to discover what you are allergic to, then take steps
to remove those elements from your living space or
diet before jumping on the medication treadmill.

In other words, establish a mantra that you do not
HAVE to suffer every change of season. If after your
best efforts, you still succumb, the enemies can trash
your voice. When there's a show on the line, the
issue of canceling the performance must be
addressed early enough so as not to piss off
promoters and club owners.

To make the right decision, you need to lay out the
facts. A head cold clogs nasal passages. Sore
throats are generally in the upper area of the throat...
rarely do these infections get into tissues within the
larynx. All this means, is that you should be able to
sing with a head cold or allergy.

But, don't guess! For, sometimes, symptoms are
deceiving. It's worth a quick trip to the doctor. Once
you know what you have, you can make an informed
decision regarding the gig.

Remember, we sing through the throat and head
cavities, not from them. So, singing with sinus
congestion, swollen glands, and sore throats, is
possible. What will be required, however, is an
extra-long, careful warm-up.

Never rush yourself, or push through a condition in
order to hurry the voice into shape. An extra hour
warming up can make the difference between a
rejuvenated voice and badly irritated vocal folds. A
warm salt water gargle will clear away mucus and
Ponaris Nasal Emollient (pine extract) does a good
job stopping a runny nose. If you absolutely must use
an over-the-counter decongestant, cheat the dosage
to reduce the dryness.

It is more difficult to sing with a bronchial infection, or
chest cold. Nothing beats up the vocal folds more
than coughing. Unfortunately, hacking is an
important function of the larynx to help clear the lungs.
Nature doesn't care about singing.

Breathe steam to moisturize bronchial tubes and
soothe raw vocal folds. Keep in mind that, the heat
from the steam can burn, so be careful. Also,
remember that heat expands (cold contracts), which
means your folds will swell more from steaming. So,
do so a few hours before you'll need to sing.

It's typical for range and pitch control to be shot due
to the aggressive action of coughing. Vocalizing on
high pitches at a very low volume, is good therapy. If
your voice cuts out, don't push to fix. Let the
repetitions do their thing. Raise the volume only
after you can sustain high notes at a very low volume.

All this delicate manipulating of the voice takes time,
and time may be the biggest factor regarding
canceling. If you don't have enough hours, or
willpower to bring your voice up to specks, ditch the
show because banging the vocal folds can cause
bruising and ruptures.

Removing the most challenging songs from your
show is also an option...just make sure that you don't
get carried away when in front of a crowd. To insure
you make the right decision in the future, practice
with your next cold. Without the pressure of a gig, it
will be easier to observe what warm-up routine works
best, and which songs present the greatest problems.

Also, notice how your mood and ability change for the
better once you start to vocalize.

So, next time you feel like pulling the covers over
your head,
Get your butt in gear, instead.
If singing is your thing,
You should never be 2 sick 2 sing.
________________________________________

Editor's Note: Taken aback with Mr. Baxter's sudden
stab at Shakespearean prose during his opening and
closing, I was immediately reminded of the television
commercial that promoted a cold medicine that went,
"Plop, plop, fizz, fizz...O, what a relief it is..." Okay,
that will be quite enough of *that!* Mark Baxter is one
of the leading voice coaches in America to Grammy
recording artists. See his highly informative web site
at http://www.voicelesson.com.

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10. "Soundtrack Deals"

By Joy Butler


There are a number of distinct deals that go into the
making of a soundtrack and soundtrack album. It may
help to go through the steps taken by a film production
company when it requires music for a movie, and
desires to release that music on a soundtrack album.

REQUIRED BACKGROUND KNOWLEDGE:

But first, there are at least two areas of the music
business you need to understand before you can
understand the deals behind the making of a
soundtrack and soundtrack album.

1. Song v. Sound Recording

Every recorded song has two distinct copyrights - a
copyright in the song, and a copyright in the sound
recording. The copyright in the song, is generally
owned by the songwriter, or her music publishing
company.

The copyright in the sound recording, is generally
owned by the record company. For more information
on this point, listen to the clip on copyrights from the
audiobook, The Musician's Guide Through the Legal
Jungle, which you will find at
http://www.legaljungleguide.com/excerpts.htm.

2. Music Publishing

I'll be referring to several types of music publishing
licenses. If you need to brush up in that area, take a
look at the article "How Your Songwriting Generates
Revenue," or the Glossary of Music Industry Terms,
both of which you'll find at
http://www.legaljungleguide.com/resource.htm.

Now, onto the example...

STEP ONE - ACQUISITION OF SONGS:

First, the film production company acquires songs by
either commissioning songwriters to provide original
music, or licensing existing songs.

1. Commissioning Songwriters to Provide Original Music

The agreements between the songwriter and the film
company often look very similar to single song
agreements between songwriters and music
publishing companies. The song is frequently done
as a work made for hire, which means that the film
company will own the copyright in the song.

With some negotiating power, the songwriter may
retain a portion, or all, of the copyright in the song.
The songwriter is normally compensated by receiving
a fixed fee plus a negotiated publishing royalty from
specified non-theatrical uses of the music. The
royalty split is generally 50/50 - the same as the
royalty split between a songwriter and music
publishing company.

2. Licensing Existing Songs

When a film production company wants to use an
existing song in its movie, it needs a synchronization
license (or synch license) from the songwriter or
music publisher. The license agreement also
includes a performance license for theatrical
exhibitions.

That's because the performing rights societies do not
collect performance license revenue from United
States movie theatres. The film production company
also needs a mechanical license to authorize the
recording, duplication and distribution of the song
on a soundtrack album.

STEP TWO - ACQUISITION OF SOUND RECORDINGS:

If the film production company has commissioned
original music, it will need to hire performers to
produce a recording. If the film company has licensed
an existing song, it can either use an already existing
recording of that song, or record its own version of the
song. If it decides to use an existing recording of the
song, it must also get a master use license from the
record company.

STEP THREE - THE SOUNDTRACK ALBUM DEAL:

Once the film company acquires the rights to these
songs and sound recordings, it then locates a record
company to produce and release the album. This
agreement between the film company and the record
company is the "soundtrack album deal." It has many
similarities to a recording contract between a record
label and a performing artist.

The film company delivers a master recording of the
soundtrack music to the record label. The record
company pays the film company an advance and
royalties on soundtrack album sales.

Important points of negotiation for the soundtrack
album deal include:

(i) The amount of the advance and royalties to be
paid by the record company to the film company

(ii) How the release of the soundtrack album will be
coordinated with the release of the film

(iii) Ownership of the masters (that's the ownership
of the copyright in the sound recording).

If the film production company commissioned original
music, and thus holds the copyright to the songs on
the soundtrack, it will receive music publishing
income (e.g., mechanical and performance license
fees) in connection with the use of the songs on the
soundtrack album. Normally, the film company shares
this publishing income with the writer of the original
music pursuant to the film company/songwriter
agreement we talked about in Step One.
________________________________________

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.

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

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Volume 2: Issue 1| The B# Newsletter | February, 2001
Publisher/Editor: Kenny Love
P. O. Box 1404
Crockett, Texas 75835-1404
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