Working out a deal with your band………..


Reader Oliver was kind enough to post a comment with a question that covers a topic I have intended to cover for a few weeks now. That topic is how do you cut up money within a band? What’s the whole royalty payment thing mean for individual band members over the long haul?
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Read through Oliver’s question and I’ll be back at the end……By the way Oliver is well-informed, and has put some thought into how his actions will affect other’s lives and their desire to be in the band. This proves Oliver is not a sociopath. Good for you Oliver. This may prove a handicap when dealing with all the bona fide sociopaths in the music business but it’s likely he’ll be a more satisfied rock star……………..
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Oliver writes:

Sorry if I’ve missed this somewhere but in keeping with the non-democratic approach you described, whats the best way to go about song rights/royalties? How do I avoid this situation:

i) Write every note and syllable and take all the royalties but gradually lose my band (but buy one eventually) (Dylan-esque)

ii) Write every note and syllable, split the money with band members to keep the band, drive myself crazy giving away money to the non-writing band, potentially lose the band anyway (Dandy Warhols-esque?)

iii) Agree to play/record anything good that any member writes and allow the rights/royalties go to the contributing member, run the risk of losing direction/ internal power struggles/ control over band. (Stones-esque)

None of these options seem good to me, and although I’m not greedy I’d hate to see a disgruntled band member in 30 years cruising on a yacht he bought with my songs (fanciful I know). I assume there’s no right answer, but you’ve been there and there must be a slightly better option of the three. I feel I’ve got to get this right early.

Regards and many thanks for publishing knowledge you can’t buy.
Oliver.

None of these options seem good to me, and although I’m not greedy I’d hate to see a disgruntled band member in 30 years cruising on a yacht he bought with my songs (fanciful I know). I assume there’s no right answer, but you’ve been there and there must be a slightly better option of the three. I feel I’ve got to get this right early.

Regards and many thanks for publishing knowledge you can’t buy.
Oliver.

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You’re welcome Oliver. I appreciate my readers and I know that getting an informed opinion is valuable. That’s why I write this blog.

Oliver’s predicament is classic. He is the primary creative force in his band. This is common. Most musicians are not also great songwriters.  A typical band is made up of :

A drummer – a rock steady rhythm monster with a flair for knowing exactly when to step in and a flash. He is the backbone and holds the rest of the band in the pocket and is the timekeeper.

A Bassist – He builds the groove and either adds the drive or defines the song as a dance tune. He can add darkness or light, thunder or soul.

Guitarist – Endless, colors and flavors, rhythms, melodies, flashy solos and roar.

A Lead singer – this is the ego and the magnet and turns the writing into an experience.

Any and all of these people make up a band and make the magic that the world recognizes as rock. Any and all of the people could be primary writers. Any and all of these people make it work and without them the magic is lost. All you need to do is think of two or three great bands and it’s easy to point out an instance where the loss of a minor member seemed to change a band’s spirit and as a result the band’s golden years were over.  Making music is a touchy thing, little  changes often have big results for the better or worse.

Since this is the case how does a band split up the money?  In a way this question misstates the reality of the way money is usually dealt with within a band.  The vast majority of bands are controlled internally by one or perhaps two creative geniuses.  This is the person that writes the material and provides the vision that makes the band unique. This person has more power than the other members so saying how does a band split up its money is dishonest.  The real question is how does the person that controls the band allow the money to be split up? Or what is the best way for a band to work out a compromise that keeps everyone on board and gives credit and money to the person (s) that deserve it based upon contribution.

Another wrench that gets thrown into the possibility of an easy fair system is the fact that most of a band’s career is spent in poverty. The lifespan of bands after they get a deal or a hit, or build a base is, at the absolute extreme 10 years with 3 years being a much more likely scenario. As a result of this reality in most bands money is never discussed except perhaps as a fantasy until it is too late and there is a pie to split up without a system to do so.

I suggest quite strongly that if you are in a band, form a band or join a band that you force the band to have some kind of agreement on how money is cut up.

In the underground indy world, the world that I lived in for twenty years and helped create, there is little money to worry about as a band works out its career. Gigs can be for $50, or perhaps a $100 and recordings are simple affairs that are self financed.  So nothing to worry about right? No, there is still a little money being passed around and more importantly people will often PUT MONEY INTO THE BAND.  So you and your Mother’s Uncle’s Nephew pay for the band to record a record, who owns it? The answer is 50% you and 50% your brother. Or 50% you and your brother and 50% the band. What about the producer? I think you get the point.

When your band first starts out have a serious band meeting. Discuss the following topics and write down the results. It’s better to lose a nutty bassist during an argument before things get going then to have him walk out on tour when he doesn’t get all of the door which is what his warped mind had decided was fair. (this happened to me. He started with “Everyone knows I have the most talent…..)

1. Does the band keep a joint piggy bank? Who keeps it? In what form? (cash or an actual bank account)

2.What is done with gig money? Most bands use this to build up the piggy bank.

3. If you pay for a recording what is the split on the ownership of the recording? On this one I will suggest that you work out something where the person that pays gets their cash back first, then the band owns the recording with the person that paid getting an extra share for risking their money. This is a common arrangement.

4. Is one person the leader and or main writer? If this is the case that person MUST GET SOME CONTROL over the use of their songs, and get the publishing money. I will explain this later in the blog. Let me just say that songs make money and bands make money and the songwriter is gonna end up with the song money no matter what you may want. If this pisses you off then write a great song about it, turn it into a hit and keep all the money to prove how unfair that system is….

Have a meeting. Write this stuff down. Then rewrite it in the form WE the members of Dog Dandruff being Joe, Schmoe, Larry Schmoe, Curly Schmoe and Gonzo Garbigian do hereby agree  to the following……then put all the crap you agreed to and sign it. Make four copies sign them all and Larry, Curly and Joe get a copy. Gonzo’s mom gets a copy since he can’t read.  This is a binding contract. It’s not a very good contract and it’s not a contract written up by a lawyer but in court the judge will hold his nose and respect it. Make sure it covers what to do with gig money, royalty money and songwriting money.

Now if it comes down to a fight about money and this goes to court this contract and your two-bit agreement will run smack into the LAW. There are laws about songwriting royalties. (see one of my blogs for an explanation) There are laws about contracts and working for hire and working for a cut. There are sleazy lawyers. There are sleazy bass players with sleazy lawyer cousins.  What does all this mean? As soon as you have some success and/or a manager redo all of this with a lawyer doing the consulting.  If you do end up using a lawyer YOU TELL HIM WHAT TO DO!!! He doesn’t tell you. He works for you. He will advise you and you’d be an idiot to pay him and not listen but in the end if the band wants to leave all of the money to the Museum of Idi Amin then that’s tough luck for the lawyer.

Now for some practical advise. Perhaps this will help our Reader Oliver. The vast majority of bands, and by that I mean a band formed by unknown musicians in an attempt to make it big, split their gig money evenly.  Since recordings are becoming less and less valuable as money-making endeavours this may turn out to be the lion’s share of the money.  So split the money evenly after the band covers gig expenses. The better you do the more the gig expenses cover. Once the band starts to play regularly and your fee starts to get healthier it’s wise to start a system of per diems. (that’s Latin for Per Day) What does that mean? Well, let’s say your band is getting paid $400 per gig. You are doing 4 to 7 gigs per month. The gigs are all within a day or two drive from your home base. The band will be covering a hotel room where you can all fight over who gets the single bed and which three fools have to sleep together in the King size. The gas for the van will be covered as will tolls and strings and drum sticks etc. What won’t be covered is food, drinks etc.  (of course, you will read one of my future blogs about how to get a promoter to feed you and get you drunk. But that’s only one meal a day) So in this situation you make a joint decision to give each band member a $20 per diem each day you are on the road. If you have crew it applies to them as well. (even the T shirt girl) Why would you do that? It’s simple. If  you try to have the band pay for dinner, and drugs, and alcohol you will soon be really pissed at the one guy in the band that eats steaks, smokes high-class bud and get’s loaded every day. Every band has one. Well, maybe Fugazi didn’t…well come to think of it I think they just SAID that everyone was straight…

If you go with a system where everyone gets a little cash every day then if they eat too much or drink or whatever most of it comes out of their own pocket. This is fair. You will be surprised how many days you can go on twenty dollars a day if your bed is paid for and the promoter gives you food and drink once a day.  sometimes it’s $5, sometimes $10, sometimes $50, I’ve never seen it go over a $100 unless it was a cheap excuse for the band to subsidize the members drug habits. (the breeders, The stones, Etc.)

When Miracle Legion toured Europe in 88? (I can’t remember which of the dozen tours it was) I sent a new member of the road crew out with them. His name was Tommy, he was from Philly, someone’s cousin’s friend, tough, strong, compact, didn’t say much. The kind of crew i prefered. If he had been Scottish I would have had him cloned. Hey you can clone a dog, why not a great roadie?

Well Tommy was new to the road so I gave him the standard lecture and then told him he would receive $24 each day. I forget why we picked that number but that was the per diem. He looked at me like and owl in the headlights. I asked him what was wrong. He said “That’s a lot of money.” The other crew members laughed.  LAter I noticed him loading a ten pound sack of rice into his backpack with a camp stove and pot. I told him he had to dump the rice. He looked hurt so I told him we would buy him ten pounds of rice in London since the issue was bringing grain across the English border (no fruits or grains)

The tour went out for twelve weeks.  When I met them all for the wrap up at tours end I asked the tour manager how Tommy had done. “Too fuckin’ good!” was the reply. It seems that Tommy lived on boiled rice and whatever he could scrounge. He didn’t smoke or drink. He got high once a week on the band’s day off.  Since the band demanded a full meal each night at the gig he was all set for food. So he hadn’t spent much money. To top it off he had lent all the other crew money when they ran out and charged them 5% interest (he ok’d this with me. How the hell could you say no to that?) He came back with everyone owing him money and he still had $1780 of the 2100 in per diems. Smart Kid. They all ended up hating him because he made them look bad. They tried to keep him off of the next tour so I made him crew boss with a different band.

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So you split up the gig money evenly. You give out per diems based upon what makes sense.  Now we come to publishing and recording which was the central issue with Oliver’s questions.

I’ve seen numerous solutions and they all have strengths and weaknesses. I’ll start with recording.

The most common solution is for the band to split the royalties from and recordings evenly. This split only pertains to records that you actually play on. If you leave the band you keep the royalty payments on albums you played on and forfeit all future royalty earnings on future albums. You have no rights to the band’s name. That remains with the band that continues on. This is important. Ask the prog rock band Yes. They had a PRODUCER take the band’s name away from them. That sucks huh?

Now we come to the complex one, songwriting and the use of songs. This is often where the big money comes in. This money is largely outside the grasp of the record company. It has the law backing it up. Radio pays it. TV pays it. Concert Halls pay it.

When a songwriter writes a song it is, by law and common sense, his property. He cannot stop someone from recording it including his own band. They do, however, have to pay him for it and the payments are set by law. (I strongly suggest that you read my blog about royalties.)

This brings us to Reader Oliver’s questions. In essence since he is the writer and guiding light he is wondering what is fair when it comes to splitting up money from his song’s publishing.  Should he give his band members some of this money so that if he becomes wealthy they will too, at least in some smaller way. There are arguments on both sides.

Now keep in mind that this does not have anything to do with songs that the whole band writes of songs that other members write.  In that case everyone will share or the individual writer will get the money. But what about a band where one member is the writing machine?

So let’s now imagine Oliver goes to see his Big NY Entertainment LAwyer Harvey Jacobowitzhofffriederstein. Yup he sounds like he’s a stereotypical NY jewish lawyer.  Don’t worry I will also send Oliver to other stereotypical characters of other races and religions in future blogs spreading his fictional life around amongst all of America’s stereotypes! whoopee! Sorry I got carried away.

Harvey is smart, he knows the business and he has decades of experience. He says

“Kid what a you meshugenah?  You’re talkin’ about giving away your money? Don’t you think the law is fair?”

He goes on to explain to Oliver that careful consideration had gone into the law and songwriters get exactly what they deserve.  He, of course, is a lawyer and lawyers are paid to represent your interests alone. They also seem to think that the law is always fair. If they changed the law today, he would tell you it was just as fair tomorrow.  In some ways the lawyer is right. Why would Oliver give away his money?

Oliver on the other hand realizes that if he has a hit song his royalty money will pour in. The band will not see any of this cash. Yes, the record will sell but the band will be in debt to the record company for big money. All of the sales of the record will go to paying off the band’s debt and the individual members will see little of it. This brings about a situation where one member is rich and the balance of the band gets nothing.

So now Oliver goes to see his manager, Clive Bakersfield -Coopersmith, a sweating, overweight Englishman with bad teeth. The manager listens to his problem while answering phone calls and returning emails.  He says

“Oliver, baby, you’ve got to keep the boys happy. You should split up your songs and give everyone a share. You’ll get the most of course. I’ll make a call and get you a publishing deal so everyone has some money by next week. That should keep everyone happy.”

He goes on to explain that Oliver will write many hits and will be rich beyond his wildest dreams. He shouldn’t begrudge his band mates a piece of the pie. In many ways the manager is correct as well. What to do?

Now oliver goes to see me, the retired Indy manager that has seen bands implode for ridiculous reasons and for good reasons.

And I say “Oliver, thanks for reading my blog. Here’s some advice from someone who has no dog in the fight, me. Your instincts are good. You should make some provision for the guys that play in your band. It is, after all, your band and your songs. Lots of the people who you will play with will forget that or never learn that fact fully. This members will become problems and you cannot be tied to them forever.  So this is the practical solution that I would suggest.

1. Start your own publishing company Artful Dodger Music.  This company will publish EVERY SONG YOU WRITE.  This company can collect your radio, tv and movie royalties directly without any other middleman. Choose one of the performance rights societies, either BMI or ASCAP and join as both a writer and as a publishing company.  Of course at any time this company can choose to sublicense some or all of the songs to a large established publishing company in return for a cash advance and a commitment to land soundtracks, commercials and tv spots.

2. Offer the band members a publishing contract. It would work like this. They must publish all of their songs through your company. At any point they can opt out of this requirement in which case they lose all FUTURE payments on FUTURE work. They will still retain any income or rights earned up to that point.

3. As the second part of this deal they will receive part of the publishing company’s income. It will work something like this.If they write a song and publish it with Artful Dodger Music they, of course receive all of the writer’s shares and also a share based upon the main writer’s deal (oliver’s cut) This makes it so they cut the same cut for their songs that you get for your songs.

4. The longer that they stay in the band the more interest and ownership they will gain in the publishing company.  Each year will add a set percentage until they reach a maximum cut. They will never lose this, the company will pay them royalties in perpetuity (forever or until Ronald McDonald is elected president whichever comes first) The percentage of these cuts is open to discussion  although I would suggest that  you enter into the discussion with two numbers in your head. An ideal deal for you and a compromise that you’ll except in order to do the deal. Remember ONLY WEAK PEOPLE DON’T KNOW WHEN TO COMPROMISE. I might suggest that you shoot for 50% of the publishing company and settle for 40%. This would leave 50-60 percent for them to split up.  If they stay in the band 4 years they get their full cut  of the band’s piece of the publishing company.  Each year they are in the band they receive 25% of the total amount they might get if they make it four years. As the band builds up their cuts the unassigned money goes to you.

5. If they leave they retain payments on everything published up to the day they leave.  They never lose this percentage. Any new member starts out at the bottom and has to accrue his cut as he goes, once again he maxes out at four years.

So what would this mean in the real world. OK let’s say that your write a hit “Beat’s the Dickens out a me”. It is published by Artful Dodger and released on your band’s major label record.  The record label pays mechanical royalties, radio plays it and sends in royalties and it appears in a bad kids sitcom where Miley Cyrus goes to 19th century london. For each $100 the song generates this is how it splits up.

1st year    $50 to oliver directly as the writer

$2.50 to each of the four band members that own 1/4 of their potential cut of 4/5ths of  50%

The balance of the $50, $40 goes to oliver so he earns $90 in the first year.

2nd year  $50 to oliver directly as a writer

$5 to each of the band members that own 2/4 of their potential cut of 4/5ths of 50%

the balance of the $50, $30 goes to oliver so he earns $80 in the second year

3rd year

$50 to oliver directly as a writer

$7.50 to each of the band members that own 3/4 of their potential cut of 4/5ths of 50%

the balance of the $50, $20 goes to oliver so he earns $70 in the second year

4th year The band members reach full shares

$50 to oliver directly as a writer

$10 to each of the band members that own 2/4 of their potential cut of 4/5ths of 50%

the balance of the $50, $10 goes to oliver so he earns $70 in the second year

If they bitch about such a small cut explain to them that they are free to write their own hit records at any point and publish where ever they like. Also tell them that you do not have to give them anything and this is most commonly what is done.

What I like about a deal structured in this way is that it provides some incentive to stay in the band, do as they are told and not bitch too much. It also recognizes that they are helping your career in a substantive way.  This earns them money for good. And finally if you become stinking rich they become really rich. Most people can live with that.  Since a hit record in today’s market could generate about 1,000,000 in publishing in a year you can see how it would be a fair deal.

The band will secretly pray that you write lots of hits and hopefully help you do that by giving you the solid backing you need………with a deal like this you are on your way to succeed at rock…………………………..

©Brad Morrison/Billiken Media 2010

The Only Bands that Matter…………..


I was given my first album at age 5, a disc by the band The Four Seasons. They were a cheesy vocal pop band that competed with the Beach Boys at the top of the charts in the early sixties. (you’ll notice that they don’t appear on the list later in this blog) From that moment I was hooked. I have been collecting and, more importantly, listening to music compulsively. I don’t watch TV. I don’t follow sports (I do enjoy baseball as a live spectator sport)  Now why, you may ask, do you give a damn about this little personal biography?

50,000,000 fans can't be wrong

50,000,000 fans can’t be wrong

Oops!  Forgot one or two

Oops! Forgot one or two

It’s simple really. For the past 48 years I have been listening to music, mainly rock, and learning what counts, what is related to whom and what is truly worth listening to. If you are in a band then listening to other bands is the most important thing you can do. It’s research. It’s what influences your thinking and what shapes your music.

If you are a young musician then most likely you are obsessed with one or two bands or at best obsessed with a particular rock movement like Nordic speed death metal with superhero themed concept albums. This is natural when you are young. You are developing your sense of aesthetics. (feel free to look that word up, I did) You may also be convinced that French guitar pop or Early 80’s straight edge hardcore or Electronica or Zydeco or Polka blues is the most important music in the universe. You are wrong.  It is very important to you and it has its place in the great pastiche of rock but it is not the only form of rock that is important.

The most common mistake bands make (other than not firing the drummer)is they are too focused on the one or two bands that they love. As a result they end up sounding just like the bands that they admire (or worship) and end up making music that is a pale imitation of another band.

I have listened to thousands of demos in the past thirty years. Really great bands are rare. Really bad bands are equally rare and often can be highly entertaining because they are so awesomely bad (The Shags for example) the vast majority are OK, mediocre, uneventful and they are always derivative.  This is the mistake that almost every band makes; they sound like another, successful band.  They fail to do anything new, to do anything risky, and to do anything that makes them truly special. Why listen to a band that sounds like the Black Keys? Why not just listen to the Black Keys?

No one bought our record and now we're the theme song to that 70's show

No one bought our record and now we’re the theme song to that 70’s show

That brings us to the subject of this blog and likely a few more to follow – What bands really count? What bands are great?  And I mean undeniably great. I intend to list a shitload of bands in an effort to outline a good basic knowledge of rock and roll. As you read through the list you will likely say to yourself, ‘hell, I know all these guys. There is nothing new here’. That may be so. I doubt it but assuming you do know all of these bands are there any on the list that you haven’t heard? If it’s on the list and you haven’t heard it then you should check it out then wonder ‘what other cool bands are out there?’.

I am also posting this list to spur people to comment. Please suggest additions to the list. Feel free to criticize my choices and to justify your suggestions. I know that I have ignored large sections of rock history. This is a result of putting together a quick list. Feel free to post bands the comments section.

I will be posting some lists from other people soon. I am certain that the following lists will highlight some of the holes in my first list.

Finally I’ll close with a rock anecdote. When Columbia records acquired The Clash for the American reissue of the first Clash record and for all the follow up records someone at the label’s PR department came up with the slogan “The Only Band that Matters!” In one of those truly rare moments in history the record label had it right. In many ways The Clash were the most important Punk band and Punk was the most important change to come along in a decade.  Over the intervening years it became apparent that The Clash summed up and perfected all of the elements that made Punk important.  You may disagree with this opinion or you may agree.  If you never had bothered to listen to the Clash’s five main albums could you really claim to have an understanding of Punk and be certain that your Punk band is really something fresh and new, something great with a capital G?

This is Rock

This is Rock

[for the sake of brevity I have only included bands and artists from the first 4 decades of rock, that is to say 1950 to 1990]

Classification(s)  B-blues, J-Jazz, P-Punk, PR-Prog Rock, CR – Classic Rock, F-Jazz/Rock Fusion, H- Hardcore, I-Influential, S- Soul, A- Alternative Rock, N- New Wave, O – Folk, SY-Psychedelic Rock, C-Country, Reggae –R, Metal – M, Glam Rock -G


The only bands that matter Part 1

The Clash – P, The Sex Pistols – P, The Buzzcocks – P, The Damned – P, The Germs -H, The Dead Kennedys – H, Mission of Burma – A, The Modern Lovers – I & A, Velvet Underground –I & A, The Beatles – CR, John Lennon – CR, Paul McCartney -CR, George Harrison – CR,  Big Star I &  CR & S, The Small Faces -CR, The Faces -CR, David Bowie -G, Robert Johnson – B, The Kinks CR, Jimi Hendrix –CR, Creedence Clearwater Revival –CR, Velvet Underground-I, The Soft Boys- I, The Pogues – P, The Band – CR, XTC- N, Nick Drake – O, Tim Buckley – O, Fairport Convention – O, Sandy Denny –O, Richard Thompson –O, Traffic –CR, The Byrds –CR, The Ramones –P, The New York Dolls – I, Yes – PR, King Crimson – PR, Frank Zappa –PR, Captain Beefheart  – I, The Talking Heads – N The Creation – SY, Love-SY,  Scott Walker –SY, The Pixies –I & A, Genesis –PR,  Leon Russell -CR, Cream –CR, Derek and The Dominoes – CR, Hank Williams –C, Johnny Cash – C, The Dictators – P Tommy Roe –CR, Jimmy Webb –CR, Joni Mitchell –CR, Janis Joplin CR-, Lou Reed –I, Jethro Tull –CR, Echo and the Bunnymen –N, Bebop Deluxe – N, War – S, Sam and Dave –S, Otis Redding – S,  James Brown –S, Gang of Four –N, The Smiths –N, Curtis Mayfield – S, Booker T and MGs – S, Ray Charles –S, Blind Lemon Jefferson – B, Bob Marley and the Wailers –R, Peter Tosh – R, Jimmy Cliff –R ,  Bob Dylan –CR, Led Zeppelin –CR & B,  Van Morrison – CR & S, Temptations –S, Ike and Tina Turner –S, Peter Gabriel –N, The Who –CR,  The Rolling Stones – CR, The Dead Boys – P, REM – A, Flamin’ Groovies – I, Thelonius Monk – J, John Coltrane – J, Charlie Parker –J. Count Basie – J, Chet Baker – J, Santana –CR, The Feelies – A, John Cale – I & A,  The Replacements – I & A, Deep Purple – I & CR, Little Feat – CR, Grateful Dead –CR, Metallica – M, T Rex – G, U2 – N, Elvis PResley – CR, Buddy Holly – CR, Beach Boys – CR

©Brad Morrison/Billiken Media 2010

New Format and things I like…………..


Any old readers, returning to this blog, will notice that I have dumped the old format of Black and Red. It worked well for awhile but as the number of posts grew it became unmanageable. So I have trotted out a new format.

I haven’t posted in a dogs age. Instead I have been compiling everything I have written and expanding the material for a book. This, unfortunately is not as fun or easy as tossing a blog up onto the web.  Feel free to send comments on the idea of a book and what should be included.

Well that’s enough blather, on to today’s subject – listening to cool bands.

So far all of my postings have dealt with the mechanics of being in a band and promoting yourself up the food chain. I haven’t spent much time writing about music. Music, is, of course, central to the whole damn experience of being in a band. In some of my early blogs I posted what I was listening to as I was writing. I did that to, hopefully, turn people on to cool bands that they hadn”t heard.

A large part of being in a successful band is writing undeniably cool music. Even if you are gunning to be the next Madonna you need to understand cool music and have a good grounding of all the rock gods that have come before.  The more you listen to music the greater the spread of your tastes should become. For me this is certainly the truth. I have been steadily listening to music since 1966 and I am still finding cool things that are new to me.  If you only listen to your favorite band and the half dozen other bands that sound like them you are doomed to writing music that is derivative and likely boring. Your influences are like a color pallet is to a painter. You need many colors and influences in order to have depth and art to your music. You can argue that Picasso painted cubist masterpieces with one basic color scheme. You would be correct.  If you are the equivalent of Picasso in his blue period then you don’t need my advice on influences. Of course Picasso traveled through the history of painting and explored color and light and perspective masterfully before he decided to reinvent art by becoming a cubist.  If you ever had the great fortune to meet Picasso and ask him how to be a great painter, and he answered your question (he was notorious for being cryptic). He would likely tell you to teach yourself the history of art.  It’s the same in music. You need to know the past in order to forge ahead.

So my advice in today’s blog is to learn to listen to new things. Be aggressive about it. Dig into the info on bands you love and find out what their influences were. Then listen to those bands/artists. This will take you down new paths that will provide inspiration.

In my next blog I will post a list of some great bands that you may or may not know. It’s impossible to be comprehensive but the list may introduce you to a few names that you have never heard. I also encourage every reader to post band names in the comment section. DO NOT POST YOUR OWN BAND! That’s a cheap trick and we reserve cheap tricks for me.

© 2012 Brad Morrison/ Billiken Media

The ultimate prize a recording contract..II….


The last section covered how a recording deal is structured.  Please read it before reading this blog. If you don’t I guarantee that you’ll be confused.

As I mentioned in the last blog the deal is structured as a series of options. These lock the band into a consecutive series of time periods when they are bound to the label and are working on creating a set of recordings that meet their obligations laid out in their contract. I realize that sentence is pretty complex and may not make much sense without a great deal of head scratching. Let me put it another way.

A recording contract says that the band can only record for the label and no one else. This is absolute and final. There is no scenario where the label will allow the band to record tracks without the label being in absolute control of those masters. I have run into these kind of conflicts while managing bands. For example the band Miracle Legion was on tour with the Icelandic band The Sugarcubes. As is natural on a tour the bands became good friends. Soon they started to join each other on stage. The logical next step? I get a call saying that they would like to record together.

I immediately knew the problems that would come once the labels got wind of this plan. Miracle Legion was signed to Rough Trade at this time and that label, perhaps the only one in existence at the time that would allow it, I knew would work out a compromise. The Sugarcubes on the other hand, were signed to Electra. Electra, like all majors, had no capacity to compromise.

As soon as the bands brought it up I booked the time and rearranged the tour to free up a recording block. I then set about doing my best to cover up what we were doing. I started some false rumors. “Miracle Legion was leaving the tour” “There was tension based upon who was sleeping with whom” etc. All the rumors were untrue of course, but I tried to make them as plausible as possible knowing that any potentially harmful rumor would grab the label’s attention. If they were concerned about who Bjork was sleeping with they might not spend the time to notice exactly why a hole had appeared in the band’s schedule and it conveniently left both bands in New York for three days. I knew that the key was to get the bands into the studio and get the tracks cut before the label could stop them. That’s exactly what we did.

The end result was 4 wonderful songs and years of war with electra. We put the tracks out under Rough Trade and said “Sue us”. So they did. At least the fans got to hear it. The point to this little tale is that once you sign with a label they own you. What I did with the Sugarcubes was basically unheard of… no one signs with a major and then records without their approval.( well Hendrix did and Miles Davis, and a few others…) They never, ever, ever give their approval unless it is their idea.

So if you sign with a label you are their possession, their slave. If this doesn’t sit well with you then DON’T SIGN WITH A MAJOR LABEL! I am sure some of you are imagining that your stubborn son of a bitch personality will allow you to manipulate them into allowing whatever you want. This is extremely naive. They have enslaved bigger egos than yours, bet on it.

So now lets look at the second half of a recording contract the section that covers royalties and payments. This is the heart of the agreement and this is the section where the band gets screwed. Yes the first section that controls everything you do is bad but the second section where the deal outlines how the band is paid is the part that really guts the band and controls them.

The way that royalties are paid and accounted for is based upon the way records were sold long, long ago. As a result the language used and the system used can be confusing. The first thing to understand is that everything is based upon MSRP. Manufacture’s Suggested Retail Price. This is a price, agreed by the major labels and representatives of retail music chains. It is a fictional price that is somewhere near the real average price that CDs sell for on a daily basis. I have been in the business for twenty-five years and I am unsure exactly how they decide this number. I expect that I could find out more about the process but I just don’t care to. The only thing that matters is knowing what the number is. For the balance of this blog let’s just assume that the MSRP is currently $14.98. I have no idea if this is current but it doesn’t matter. The number is a basis for calculating what a band is paid.

A typical contract my say that the band will be paid 12% of MSRP. This works out to $1.80. So it appears that for each CD sold the band, the artist, you will be paid $1.80. Sounds great doesn’t it. So you sell a 100,000 CDs and get paid $180,000. Fantastic. Well it would be. It’s just that the balance of the of the language in the contract takes this simple formula and starts to alter it. So what is the real formula? Well it goes something like this……. The first thing they take off is called a “packaging deduction”. This is a fictional discount that the artist pays for to “package the CD”. ???? What the hell does that mean? Well, quite simply they are charging you for putting the CD in a jewel case and putting a booklet in the case. The standard seems to be 25% currently. So now we add this to the formula and it looks like this $14.98 x 75% =$11.24 $11.24 x 12% royalty = $1.35. So that little trick cost you $.50 of your royalty.

So now you sell those 100,000 CDs and you get paid $135,000 right? No, not so fast. It seems that the sales figures and not just a simple count of CDs sold. The first 50,000 CDs get half the normal royalty rate….What???!!! what the fuck???!! Oh yeah, don’t worry about that you’re gonna sell millions right?

So let’s look at the formula again….100,000 sales now pays $106,000. Ok still seems like you can get by on this kind of money. BUt that, of course, is not what the band is paid. The band paid the producer, 40,000 and the studio 90,000 so that money is still owed. Yes, that’s right, the fees for production and recording come out of the band’s share. Doesn’t sound fair does it? (Let’s not get all trapped in the whole “fair” thing…it’s just too complex) This little fact looks even more outrageous when you consider that the band pays for the recording sessions and producer, engineers etc but the label owns the recording. In fact even though the band is paying the producer the producer answers directly to the label. Any band that thinks otherwise will learn a quick lesson.  It might be workable if this is where the band’s debts ended but, of course, it doesn’t.  The band also pays for promotions costs. Yup, that’s the costs that the label incurs to promote the record. The band pays for radio bribes. The band pays for print advertising. The band pays for the generation of artwork. Let’s just cut to the chase—- the band pays FOR EVERYTHING THAT HAS TO DO WITH THE ALBUM!!!. Yes that’s correct. I didn’t just make it up. 

So the A & R guy flies out from LA to visit the studio while the band is cutting tracks. He stays a few days a goes back to tell the label how brilliant the band’s new tracks are….. and sure enough 18 months later the costs of the flight, the hotel he stayed out, the car he rented (and boy was it a nice one), the meals he ate and yes, that nice meal he treated the band to… they are all deducted from the band’s cut.

Here’s another possibility. The record starts to get some college airplay in the Northwest on a half-dozen college stations. The head of College promotions jumps right on this trend. He jets out to Seattle, rents a car, gets a pocketful of cash and starts to make the rounds of the radio stations. he hires as many of the music directors and program directors for these radio stations.  He pays them to put up flyers for the band on campus and more importantly on other campuses and to talk to other DJs and staff at other college stations about how they too could have this cool, lucrative job putting up flyers. As a result the band’s record climbs from 36 on the Northwest college charts to #11.  This whole little exercise costs $43,000 over the course of two months. two years later the band discovers they must pay back $43,000 before they earn any money.

Here’s another angle.  The band hears about the scheme to promote the record in the Northwest and says “hey we got a better idea. Why don’t we play in Seattle and Tacoma and Portland and Vancouver!!”  So you rent a bus and gear and travel around and play all these towns and your record goes from #36 on the college charts to #1 on the college charts. The label, orgasmic over this cosmic stroke of luck decides to celebrate. They fly a third of the staff out to Seattle for a rocking celebratory show. Here it comes… you guessed it kiddies…two years later the band discovers that their tour support, the chartered plane, the hotels, the bribes they still insisted on handing out to DJs etc. are all being paid back out of the bands cut of the royalties. It all comes to a whopping $211,000. Are you starting to see the picture here?

Let me be extremely clear about this blog and this particular topic. IF A BAND SIGNS A MAJOR LABEL CONTRACT EVERY SINGLE DIME SPENT TOWARDS MAKING THE RECORD OR PROMOTING THE RECORD OR PAYING ANYONE COMES OUT OF THE BAND’S CUT!!! As a result, unless you become Bruce Springsteen you will make nothing from recording for a major label. There is only one exception to this rule. Whoever writes the songs and controls the publishing of the songs on the record may very well make some money. Since the law demands that labels pay for the use of the songs the songwriter is the only one that gets paid consistently when a record sells.

Well that’s enough for the moment. I realize that I haven’t been posting lately so I am now back in the swing of it……….

©Brad Morrison/ Billiken Media 2010

Question from a reader, how to cut up money inside a band


Reader Oliver was kind enough to post a comment with a question that covers a topic I have intended to cover for a few weeks now. That topic is how do you cut up money within a band? What’s the whole royalty payment thing mean for individual band members over the long haul?
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Read through Oliver’s question and I’ll be back at the end……By the way Oliver is well-informed, and has put some thought into how his actions will affect other’s lives and their desire to be in the band. This proves Oliver is not a sociopath. Good for you Oliver. This may prove a handicap when dealing with all the bona fide sociopaths in the music business but it’s likely he’ll be a more satisfied rock star……………..
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Oliver writes:

Sorry if I’ve missed this somewhere but in keeping with the non-democratic approach you described, whats the best way to go about song rights/royalties? How do I avoid this situation:

i) Write every note and syllable and take all the royalties but gradually lose my band (but buy one eventually) (Dylan-esque)

ii) Write every note and syllable, split the money with band members to keep the band, drive myself crazy giving away money to the non-writing band, potentially lose the band anyway (Dandy Warhols-esque?)

iii) Agree to play/record anything good that any member writes and allow the rights/royalties go to the contributing member, run the risk of losing direction/ internal power struggles/ control over band. (Stones-esque)

None of these options seem good to me, and although I’m not greedy I’d hate to see a disgruntled band member in 30 years cruising on a yacht he bought with my songs (fanciful I know). I assume there’s no right answer, but you’ve been there and there must be a slightly better option of the three. I feel I’ve got to get this right early.

Regards and many thanks for publishing knowledge you can’t buy.
Oliver.

None of these options seem good to me, and although I’m not greedy I’d hate to see a disgruntled band member in 30 years cruising on a yacht he bought with my songs (fanciful I know). I assume there’s no right answer, but you’ve been there and there must be a slightly better option of the three. I feel I’ve got to get this right early.

Regards and many thanks for publishing knowledge you can’t buy.
Oliver.

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You’re welcome Oliver. I appreciate my readers and I know that getting an informed opinion is valuable. That’s why I write this blog.

Oliver’s predicament is classic. He is the primary creative force in his band. This is common. Most musicians are not also great songwriters.  A typical band is made up of :

A drummer – a rock steady rhythm monster with a flair for knowing exactly when to step in and a flash. He is the backbone and holds the rest of the band in the pocket and is the timekeeper.

A Bassist – He builds the groove and either adds the drive or defines the song as a dance tune. He can add darkness or light, thunder or soul.

Guitarist – Endless, colors and flavors, rhythms, melodies, flashy solos and roar.

 A Lead singer – this is the ego and the magnet and turns the writing into an experience.

Any and all of these people make up a band and make the magic that the world recognizes as rock. Any and all of the people could be primary writers. Any and all of these people make it work and without them the magic is lost. All you need to do is think of two or three great bands and it’s easy to point out an instance where the loss of a minor member seemed to change a band’s spirit and as a result the band’s golden years were over.  Making music is a touchy thing, little  changes often have big results for the better or worse.

Since this is the case how does a band split up the money?  In a way this question misstates the reality of the way money is usually dealt with within a band.  The vast majority of bands are controlled internally by one or perhaps two creative geniuses.  This is the person that writes the material and provides the vision that makes the band unique. This person has more power than the other members so saying how does a band split up its money is dishonest.  The real question is how does the person that controls the band allow the money to be split up? Or what is the best way for a band to work out a compromise that keeps everyone on board and gives credit and money to the person (s) that deserve it based upon contribution.

Another wrench that gets thrown into the possibility of an easy fair system is the fact that most of a band’s career is spent in poverty. The lifespan of bands after they get a deal or a hit, or build a base is, at the absolute extreme 10 years with 3 years being a much more likely scenario. As a result of this reality in most bands money is never discussed except perhaps as a fantasy until it is too late and there is a pie to split up without a system to do so.

I suggest quite strongly that if you are in a band, form a band or join a band that you force the band to have some kind of agreement on how money is cut up.

In the underground indy world, the world that I lived in for twenty years and helped create, there is little money to worry about as a band works out its career. Gigs can be for $50, or perhaps a $100 and recordings are simple affairs that are self financed.  So nothing to worry about right? No, there is still a little money being passed around and more importantly people will often PUT MONEY INTO THE BAND.  So you and your Mother’s Uncle’s Nephew pay for the band to record a record, who owns it? The answer is 50% you and 50% your brother. Or 50% you and your brother and 50% the band. What about the producer? I think you get the point.

When your band first starts out have a serious band meeting. Discuss the following topics and write down the results. It’s better to lose a nutty bassist during an argument before things get going then to have him walk out on tour when he doesn’t get all of the door which is what his warped mind had decided was fair. (this happened to me. He started with “Everyone knows I have the most talent…..)

1. Does the band keep a joint piggy bank? Who keeps it? In what form? (cash or an actual bank account)

2.What is done with gig money? Most bands use this to build up the piggy bank.

3. If you pay for a recording what is the split on the ownership of the recording? On this one I will suggest that you work out something where the person that pays gets their cash back first, then the band owns the recording with the person that paid getting an extra share for risking their money. This is a common arrangement.

4. Is one person the leader and or main writer? If this is the case that person MUST GET SOME CONTROL over the use of their songs, and get the publishing money. I will explain this later in the blog. Let me just say that songs make money and bands make money and the songwriter is gonna end up with the song money no matter what you may want. If this pisses you off then write a great song about it, turn it into a hit and keep all the money to prove how unfair that system is….

Have a meeting. Write this stuff down. Then rewrite it in the form WE the members of Dog Dandruff being Joe, Schmoe, Larry Schmoe, Curly Schmoe and Gonzo Garbigian do hereby agree  to the following……then put all the crap you agreed to and sign it. Make four copies sign them all and Larry, Curly and Joe get a copy. Gonzo’s mom gets a copy since he can’t read.  This is a binding contract. It’s not a very good contract and it’s not a contract written up by a lawyer but in court the judge will hold his nose and respect it. Make sure it covers what to do with gig money, royalty money and songwriting money.

Now if it comes down to a fight about money and this goes to court this contract and your two-bit agreement will run smack into the LAW. There are laws about songwriting royalties. (see one of my blogs for an explanation) There are laws about contracts and working for hire and working for a cut. There are sleazy lawyers. There are sleazy bass players with sleazy lawyer cousins.  What does all this mean? As soon as you have some success and/or a manager redo all of this with a lawyer doing the consulting.  If you do end up using a lawyer YOU TELL HIM WHAT TO DO!!! He doesn’t tell you. He works for you. He will advise you and you’d be an idiot to pay him and not listen but in the end if the band wants to leave all of the money to the Museum of Idi Amin then that’s tough luck for the lawyer.

Now for some practical advise. Perhaps this will help our Reader Oliver. The vast majority of bands, and by that I mean a band formed by unknown musicians in an attempt to make it big, split their gig money evenly.  Since recordings are becoming less and less valuable as money-making endeavours this may turn out to be the lion’s share of the money.  So split the money evenly after the band covers gig expenses. The better you do the more the gig expenses cover. Once the band starts to play regularly and your fee starts to get healthier it’s wise to start a system of per diems. (that’s Latin for Per Day) What does that mean? Well, let’s say your band is getting paid $400 per gig. You are doing 4 to 7 gigs per month. The gigs are all within a day or two drive from your home base. The band will be covering a hotel room where you can all fight over who gets the single bed and which three fools have to sleep together in the King size. The gas for the van will be covered as will tolls and strings and drum sticks etc. What won’t be covered is food, drinks etc.  (of course, you will read one of my future blogs about how to get a promoter to feed you and get you drunk. But that’s only one meal a day) So in this situation you make a joint decision to give each band member a $20 per diem each day you are on the road. If you have crew it applies to them as well. (even the T shirt girl) Why would you do that? It’s simple. If  you try to have the band pay for dinner, and drugs, and alcohol you will soon be really pissed at the one guy in the band that eats steaks, smokes high-class bud and get’s loaded every day. Every band has one. Well, maybe Fugazi didn’t…well come to think of it I think they just SAID that everyone was straight…

If you go with a system where everyone gets a little cash every day then if they eat too much or drink or whatever most of it comes out of their own pocket. This is fair. You will be surprised how many days you can go on twenty dollars a day if your bed is paid for and the promoter gives you food and drink once a day.  sometimes it’s $5, sometimes $10, sometimes $50, I’ve never seen it go over a $100 unless it was a cheap excuse for the band to subsidize the members drug habits. (the breeders, The stones, Etc.)

When Miracle Legion toured Europe in 88? (I can’t remember which of the dozen tours it was) I sent a new member of the road crew out with them. His name was Tommy, he was from Philly, someone’s cousin’s friend, tough, strong, compact, didn’t say much. The kind of crew i prefered. If he had been Scottish I would have had him cloned. Hey you can clone a dog, why not a great roadie?

Well Tommy was new to the road so I gave him the standard lecture and then told him he would receive $24 each day. I forget why we picked that number but that was the per diem. He looked at me like and owl in the headlights. I asked him what was wrong. He said “That’s a lot of money.” The other crew members laughed.  LAter I noticed him loading a ten pound sack of rice into his backpack with a camp stove and pot. I told him he had to dump the rice. He looked hurt so I told him we would buy him ten pounds of rice in London since the issue was bringing grain across the English border (no fruits or grains)

The tour went out for twelve weeks.  When I met them all for the wrap up at tours end I asked the tour manager how Tommy had done. “Too fuckin’ good!” was the reply. It seems that Tommy lived on boiled rice and whatever he could scrounge. He didn’t smoke or drink. He got high once a week on the band’s day off.  Since the band demanded a full meal each night at the gig he was all set for food. So he hadn’t spent much money. To top it off he had lent all the other crew money when they ran out and charged them 5% interest (he ok’d this with me. How the hell could you say no to that?) He came back with everyone owing him money and he still had $1780 of the 2100 in per diems. Smart Kid. They all ended up hating him because he made them look bad. They tried to keep him off of the next tour so I made him crew boss with a different band.

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So you split up the gig money evenly. You give out per diems based upon what makes sense.  Now we come to publishing and recording which was the central issue with Oliver’s questions.

I’ve seen numerous solutions and they all have strengths and weaknesses. I’ll start with recording.

The most common solution is for the band to split the royalties from and recordings evenly. This split only pertains to records that you actually play on. If you leave the band you keep the royalty payments on albums you played on and forfeit all future royalty earnings on future albums. You have no rights to the band’s name. That remains with the band that continues on. This is important. Ask the prog rock band Yes. They had a PRODUCER take the band’s name away from them. That sucks huh?

Now we come to the complex one, songwriting and the use of songs. This is often where the big money comes in. This money is largely outside the grasp of the record company. It has the law backing it up. Radio pays it. TV pays it. Concert Halls pay it.

When a songwriter writes a song it is, by law and common sense, his property. He cannot stop someone from recording it including his own band. They do, however, have to pay him for it and the payments are set by law. (I strongly suggest that you read my blog about royalties.)

This brings us to Reader Oliver’s questions. In essence since he is the writer and guiding light he is wondering what is fair when it comes to splitting up money from his song’s publishing.  Should he give his band members some of this money so that if he becomes wealthy they will too, at least in some smaller way. There are arguments on both sides.

Now keep in mind that this does not have anything to do with songs that the whole band writes of songs that other members write.  In that case everyone will share or the individual writer will get the money. But what about a band where one member is the writing machine?

So let’s now imagine Oliver goes to see his Big NY Entertainment LAwyer Harvey Jacobowitzhofffriederstein. Yup he sounds like he’s a stereotypical NY jewish lawyer.  Don’t worry I will also send Oliver to other stereotypical characters of other races and religions in future blogs spreading his fictional life around amongst all of America’s stereotypes! whoopee! Sorry I got carried away. 

Harvey is smart, he knows the business and he has decades of experience. He says

“Kid what a you meshugenah?  You’re talkin’ about giving away your money? Don’t you think the law is fair?”

He goes on to explain to Oliver that careful consideration had gone into the law and songwriters get exactly what they deserve.  He, of course, is a lawyer and lawyers are paid to represent your interests alone. They also seem to think that the law is always fair. If they changed the law today, he would tell you it was just as fair tomorrow.  In some ways the lawyer is right. Why would Oliver give away his money?

Oliver on the other hand realizes that if he has a hit song his royalty money will pour in. The band will not see any of this cash. Yes, the record will sell but the band will be in debt to the record company for big money. All of the sales of the record will go to paying off the band’s debt and the individual members will see little of it. This brings about a situation where one member is rich and the balance of the band gets nothing.

So now Oliver goes to see his manager, Clive Bakersfield -Coopersmith, a sweating, overweight Englishman with bad teeth. The manager listens to his problem while answering phone calls and returning emails.  He says

“Oliver, baby, you’ve got to keep the boys happy. You should split up your songs and give everyone a share. You’ll get the most of course. I’ll make a call and get you a publishing deal so everyone has some money by next week. That should keep everyone happy.” 

He goes on to explain that Oliver will write many hits and will be rich beyond his wildest dreams. He shouldn’t begrudge his band mates a piece of the pie. In many ways the manager is correct as well. What to do?

Now oliver goes to see me, the retired Indy manager that has seen bands implode for ridiculous reasons and for good reasons.

And I say “Oliver, thanks for reading my blog. Here’s some advice from someone who has no dog in the fight, me. Your instincts are good. You should make some provision for the guys that play in your band. It is, after all, your band and your songs. Lots of the people who you will play with will forget that or never learn that fact fully. This members will become problems and you cannot be tied to them forever.  So this is the practical solution that I would suggest.

1. Start your own publishing company Artful Dodger Music.  This company will publish EVERY SONG YOU WRITE.  This company can collect your radio, tv and movie royalties directly without any other middleman. Choose one of the performance rights societies, either BMI or ASCAP and join as both a writer and as a publishing company.  Of course at any time this company can choose to sublicense some or all of the songs to a large established publishing company in return for a cash advance and a commitment to land soundtracks, commercials and tv spots.

2. Offer the band members a publishing contract. It would work like this. They must publish all of their songs through your company. At any point they can opt out of this requirement in which case they lose all FUTURE payments on FUTURE work. They will still retain any income or rights earned up to that point.

3. As the second part of this deal they will receive part of the publishing company’s income. It will work something like this.If they write a song and publish it with Artful Dodger Music they, of course receive all of the writer’s shares and also a share based upon the main writer’s deal (oliver’s cut) This makes it so they cut the same cut for their songs that you get for your songs.

4. The longer that they stay in the band the more interest and ownership they will gain in the publishing company.  Each year will add a set percentage until they reach a maximum cut. They will never lose this, the company will pay them royalties in perpetuity (forever or until Ronald McDonald is elected president whichever comes first) The percentage of these cuts is open to discussion  although I would suggest that  you enter into the discussion with two numbers in your head. An ideal deal for you and a compromise that you’ll except in order to do the deal. Remember ONLY WEAK PEOPLE DON’T KNOW WHEN TO COMPROMISE. I might suggest that you shoot for 50% of the publishing company and settle for 40%. This would leave 50-60 percent for them to split up.  If they stay in the band 4 years they get their full cut  of the band’s piece of the publishing company.  Each year they are in the band they receive 25% of the total amount they might get if they make it four years. As the band builds up their cuts the unassigned money goes to you.

5. If they leave they retain payments on everything published up to the day they leave.  They never lose this percentage. Any new member starts out at the bottom and has to accrue his cut as he goes, once again he maxes out at four years.

So what would this mean in the real world. OK let’s say that your write a hit “Beat’s the Dickens out a me”. It is published by Artful Dodger and released on your band’s major label record.  The record label pays mechanical royalties, radio plays it and sends in royalties and it appears in a bad kids sitcom where Miley Cyrus goes to 19th century london. For each $100 the song generates this is how it splits up.

1st year    $50 to oliver directly as the writer

                     $2.50 to each of the four band members that own 1/4 of their potential cut of 4/5ths of  50%

                         The balance of the $50, $40 goes to oliver so he earns $90 in the first year.

2nd year  $50 to oliver directly as a writer

                        $5 to each of the band members that own 2/4 of their potential cut of 4/5ths of 50%

                       the balance of the $50, $30 goes to oliver so he earns $80 in the second year

3rd year   

                      $50 to oliver directly as a writer

                        $7.50 to each of the band members that own 3/4 of their potential cut of 4/5ths of 50%

                       the balance of the $50, $20 goes to oliver so he earns $70 in the second year

4th year The band members reach full shares

                        $50 to oliver directly as a writer

                        $10 to each of the band members that own 2/4 of their potential cut of 4/5ths of 50%

                       the balance of the $50, $10 goes to oliver so he earns $70 in the second year

If they bitch about such a small cut explain to them that they are free to write their own hit records at any point at publish where ever they like. Also tell them that you do not have to give them anything and this is most commonly what is done.

What I like about a deal structured in this way is that it provides some incentive to stay in the band, do as they are told and not bitch too much. It also recognizes that they are helping your career in a substantive way.  This earns them money for good. And finally if you become stinking rich they become really rich. Most people can live with that.  Since a hit record in today’s market could generate about 1,000,000 in publishing in a year you can see how it would be a fair deal.

The band will secretly pray that you write lots of hits and hopefully help you do that by giving you the solid backing you need………with a deal like this you are on your way to succeed at rock…………………………..

©Brad Morrison/Billiken Media 2010

Microphones — Placement, Drummers and the destruction of, Voice of God, etc.


So now that I’ve set about writing about the studio I realize that I could have a complete blog about this subject and never have time to talk about  how to get your band to the top. That wouldn’t please all of you punters here at Success at Rock. I will try valiantly to churn out enough studio stuff to get us started on our path to the top of studio work. Then we can once again go back to how to seduce an A & R guy or how to cut a deal with a label that doesn’t include handing over your balls in a box. ( For all you ladies, labels want much, much more from you…)

In the last blog I covered different kinds of mics and mentioned a few applications.  Tonight I’ll talk about some stuff that is a little more fun. The kind of stuff that you can try out in your home studio. Tricks of the trade and some common studio tricks that are used by masters and oddly I don’t see turn up in the semi pro world enough.

I’ve seen some really sad prejudices with hack engineers and I guess I should continue to deflate some egos in an effort to get it right. It’s always about getting it right after all.  So a recap…..NO CLICK TRACK! if you want to argue for one good luck. There are some times when it is needed but unless you can actually explain why – you haven’t reached that point.  Next point, try to have fun. Get pumped. Your attitude and energy is a HUGE part of a successful recording.

Here’s another pet peeve of mine. Direct boxes. What in god’s name is a direct box for? I do actually know but I have been insulted by lots of engineers insisting that the bass, guitar, keys etc. must go through a direct box. THIS IS WRONG.  If you disagree please point to a hit record that isn’t a lousy, Britney styled pop record that makes use of instruments through direct boxes. This seems to be one of those ideas that became popular in the mid eighties for very specific reasons and circumstances and very rapidly became an overused method of hack engineers. 

Let me be plain about this point. Yes you can skip the trouble of putting a mic on an amplifier and tweaking its position until it sounds great and just plug the bass into a DI (that’s fancy talk for a Direct Box) box and onto the track. Sure go that route. The fact that it sounds lifeless and more importantly it ends up in a completely different sonic universe from the rest of the band shouldn’t stop you. That is if you are lazy and don’t care what the recording sounds like.

We all buy beautiful, unique, expensive amplifiers for one good reason. They echo God’s Voice. This, of course, makes the kids dance. (and pay to see you)If you have an amp use it. Mic it, carefully. Play with the amps settings ’til it sounds like a hurricane. Turn it up, turn it down. Put it in the bathroom. Go in the bathroom, smoke a joint and think of a more creative place than the bathroom to put it.  NOW LISTEN CAREFULLY! MAKE A GREAT SOUND IN THE STUDIO AND PUT A MIC ON IT! How do you do that? By listening carefully and trying things out.  Here’s a few stories to back up this idea.

I bought an old, 1950’s Danelectro Amp at a garage sale in 1986. It was only about 20 watts. When you plugged a Les Paul into it and turned it to 10 it sounded like half of the Rolling stones catalog, Stay with Me by The Faces, four or five Zeppelin Tunes and even the crunchy reggae rhythm guitar sound from the Jimmy Cliff hits. If you put a mic on it,   it sounded like a hit.  That’s a guitar sound that can not be a preset on a guitar pod pedal system.

Story two – In the early nineties I was making a record for The Figgs or Small or Phish, hell I don’t remember but I was in a studio in Western Massachusetts. Nice place, expensive. It was one of those places where you lived in a beautiful log cabin and then wandered down a dirt road to a giant cube in the woods that contained a studio. Sweet ride.  I was cutting vocal tracks and we were all burnt out from weeks of recording. The phone in the control room rang and the engineer Eric Rachel answered it. He immediately got in some kind of an argument with someone. They wanted to interrupt me and he wasn’t going to let them.[Eric by the way is a metal god. He is a fucking great engineer producer with things like platinum Skidrow records on his resume. His studio is in South River, NJ and is called Trax East. His rates are reasonable. Give him a call if you want to make a kickin rock record] After about five minutes he finally gave up and motioned for me to pick up the line. On the other end is an engineer from a studio in Seattle.

“Hi, is this Brad Morrison?”

“Yeah. but I’m in a session”

“Great. This is Joe Shmoe.  We’re cutting some tracks for an album  and the band is trying to copy an acoustic guitar sound from a record you produced. Do you mind telling us the secret?” 

Was this guy kidding? He was calling me in the middle of a session from the other side of the country to ask how I got a sound? Was the band gonna fire him or something? Was he trying to impress his girlfriend?

“Ah…sure. What do you want to know?”

“You produced the Vestrymen’s first record right? The song “Blue Fall Day”?

“Sure did. Great song. What about it?”

“Well, how’d you get the acoustic guitar sound? We’ve tried everything. I’ve run the guitar Direct and we are using a Lexicon 480 with the Harmonizer patch. Can I read you the settings and you can tell me if I’m close?”

Now most of that bullshit  may make no sense to you but he is talking about using a $30,000 effects processing unit. Very Fancy.

“No I won’t listen to the harmonizer settings. You are way off base! Hang on I’ll get you a phone number that will solve your problem.”

Now he was confused.

“Ah..a phone number?”

“Yeah the guitarist from NRBQ. We used his Martin.” (NRBQ  is one of the great bands of the 70’s/80’s)

“But….We’re trying to get…”

“Listen you don’t have a clue what you’re doing.  What kind of guitar is the guitarist playing?” It turns out that the guy was playing a crappy $300 ovation guitar into a DI box and they had spent hours (I’m sure very expensive hours) playing with effects to try to make it sound like a guitar I had recorded years before. Idiots.

“Listen. If you want that sound, or something like it get yourself a top of the line Martin Acoustic Guitar from the 1940’s. Put a really nice condenser mic in front of it and another really nice condenser mic pointing at the body, check to make sure that they’re not out of phase and hit record.” I hung up. Moral of the story – if you want a really great acoustic guitar sound then use a really great sounding acoustic guitar. Never try to record it direct. Martin guitars sound like the voice of god on a crisp fall day.

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Where you place the mic counts. It often counts a great deal. What counts a great deal more is how the instruments you are recording sound. Great sounding instruments, played well by great players make recording easy. They also make recordings that sound like pro recordings.

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Now I’ve made that point I am going to tell you some classic mic set ups for various things in the studio. If you are an old dog you probably have seen these. If not maybe this blog teaches you something tonight.

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Here’s a classic drum set up:

Drum Set MUST HAVE FRESH SKINS! TRADITIONAL SOUND CHOICE WOULD BE REMO COATED

Kick -EV PL20 (or RE20 same thing) set the mic so the end of the mic is exactly where the front skin would be. Remove the front skin. Deaden the drum with a pillow or or the torso of the lead singer of a band you hate.  Mic SHOULD NOT be in the center. Off center somewhere where it sounds good.

Snare – Shure sm 57 on top pointing from the front of the snare across the skin towards the drummers right knee. Place a small leather wallet (best if stuffed with hundred dollar bills)near the front. Place a strip of duct tape so that the wallet bounces up and drops to deaden drum head. In other words put a piece of tape across the top of the wallet and down the side of the snare.

Snare bottom sm 57 180° out of phase

Hi Hat – Either a sm 57, 58 or nice condenser pointed straight down at the center of the hat about four inches from the center cymbal shaft.

Racks – One Sennheiser 421 between the upper racks pointing down to catch a bit of both.

Floor tom (s) Sennheiser 421 or AKG 414 six inches above tom to catch nice head shell combo sound.

Overheads  X Y Stereo (see my last recording blog) pair of Neumann 87 or AKG 460 or something else high quality. Set them over the drummers head about 30 inches up.

Make sure the kit is tuned properly!! Try to get the drummer to be sober. ( if that’s his best mood) This set up works great in a space that is relatively small with lots of wood, or stone. A wood floor is always a good idea with a drum kit. With this set up the drummer WILL destroy mics. Make sure he brings cash and knows how to say he is sorry and means it.

Another added mic in this set up is an additional kick mic that is a PL 20 or any decent kick mic. Place it centered on the kick EXACTLY 22″ out from the front of the drum for a 22″ kick, 20″ out for a 20″ kick etc. Check carefully for phase against the first kick mic. Use both kicks in the mix. The second one WILL have some phase issues with the other kit mics don’t worry about it.

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One mic I haven’t written about is a PZM mic. This is a pressure zone boundary mic. There are some fancy physics behind the mic design but that means little for this discussion. There are some classic uses of PZM mics with drums. These mics are universally IN PHASE. This goes back to that physics thing. What’s nice about this mic is that it is a flat plate. You tape it down somewhere in or around the kit. It picks up its sound from the vibrations running through whatever it is taped to. It works great with a solid wood drum riser.  If you really want to get crazy Tape it to the drummers chest. For some reason the drummers seem to like having 4 pounds of duct tape wrapped around them. Maybe they always wondered when they would finally be fixed up with duct tape so when you do it, they feel complete.  I once did this to a drummer and he wore the fuckin’ PZM mic for two days. He wore it out to bars, to another band’s gig and his girlfriend was staring fire daggers at me the whole time so I can imagine he wore it to bed.

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So, you must be itchin’ to see guitar mics addressed. OK here are a few classic set ups for mics on guitar cabinets.

First let me say that the EQ setting of a guitar cabinet is crucial. In particular the Bass knob must be used to a minimum. Guitarists hate this. I know I was a guitarist and I hated it. The problem with using lots of bass eq knob on a guitar sound is that most of it goes right past the mic which is up close. The sound of the bottom end of the guitar doesn’t even start to become REAL until around 6 feet out from the front of the cabinet. When you turn up the Bass knob you usually just make the sound muddy.  So adjust the EQ carefully, very, very carefully.

Next thing is skip the pedals whenever you can. It always sounds better and comes across better in a recording if you can get the distortion you need from the Amp rather than a pedal. If the pedal is the “sound” then use the pedal. Just crank the pedal back a notch and go for a slightly cleaner amp sound than is used for that sound on stage. Trust me it works much better through the whole mix process.

Ok mics-  Simple and easy..Shure sm 58 on one speaker cone 4″ to 5″ out off center. Try halfway from the center magnet to the edge. Then move the mic slowly OUT TOWARD THE EDGE WITHOUT CHANGING THE DISTANCE. Have someone else move the mic slowly while you listen in the control room.  Listen for the moment when the bottom end suddenly appears. This is a function of the proximity effect (see last blog). This kind of mic sound is a classic. Works great for standard rock and blues and punk and country but if you are a headbanger then you should try…………………………………………………….

An AKG 414. Either one or two . Both 8″ out from the center of the cones. This mic sometimes seems to come in two models.(?) The best results come from the ones where you can switch the patterns. Try the cardoid pattern first and then try the figure 8 pattern. If you’ve got two of them try one figure eight and one cardoid.  This should give you a crisp toppy sound that still picks up the lower edge crunch. Some people swear that having the cabinet face a wall just behind the mics is great I haven’t had good luck with that trick.

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With all of these guitar mic tricks you can add a room mic for ambience.  It’s often a nice effect to have a room mic track on the recording and only pop it into the mix on solos to add space and depth. (It also picks up the guitarist screaming vampire calls while soloing) You can use any mic for a room mic but the best choices are Omni mics that are high quality condensers.  Don’t ever get too hung up on the exact model of a mic. If you can afford high end mics then you can worry about that stuff. Basic miking technique will do more for you than knowing the difference between different year Neumann mics.

Try placing the room mic about 10-12 ft out from the cabinet. Try pointing it away from the cabinet to catch reflected sound. An old English trick is to place a big room fan in front of it so the sound passes through the fan before it reaches the room mic. This is clever. Clever usually sucks. I have used this trick with success. It took a little doing to get the warble that was cool without the sound of the damn fan…. If you really are serious about a sound from this universe you should try the real thing – a LESLIE CABINET which has a rotating horn and base baffle. I own three and they always come in handy.

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Bass guitar….Oh what the hell just plug it into a Direct Box! Who listens to the bass guitar?  Sorry I couldn’t resist. I’ve been typing through six XTC records, A Gourds record, Public Enemy –Fear of a Black Planet and Now the Tito Puente Box set… it’s late.

Bass can be a bitch to mic. It is also a great deal easier if you think about the sound before you try to capture it. Bass sounds are low down in the frequency range. Most of what goes on with a bass is below 500 HZ. This may mean nothing to you so I will explain. Higher frequency sounds are very DIRECTIONAL. They are also made of very small waves. This is why close miking works so well on a guitar cabinet. Bass sounds, on the other hand, are made up of very long waves. By long I mean that some of these waves can be 20 ft long. This means that the real sound of the bass may not be a complete “image” until you are far away from the cabinet. I have successfully miked a bass cabinet from far away but this is a tricky thing. Until you have lots of experience you should depend on close miking. Close but not guitar cabinet close.

Try an EV PL 2o (notice I really like this mic?) , a sm 58 (they actually work) an AKG D112, AKG 414. They all work. Use a decent mic as high quality as you can spare. If you use one of your good mics on the bass and you take your time and get it right you will be extremely happy with the results. The bassist will be your best friend since he has probably been having to suffer with being direct boxed to death. This means he has never heard his stage sound, a sound he is really proud of, on a recording. Give the guy a break. Record him properly.

Try miking the cabinet about 18″ to two feet out from the cabinet. Put the mic just off the center line of one of the speakers.  Once again move the mic slowly out towards the edge until you hear the bottom end appear. You may also need to find a spot that is a little “sweeter by moving the mic AWAY from cabinet. Be VERY CAREFUL, don’t let the sound start to sound distant. This will make the bass disappear in the mix.  A little bit of distance in the sound is OK since you are going to compress the sound and this will do wonderful things.

Now we face the kooky bass rig problem. You set up in the studio. The bass player is all ready. You go to set up the mics and you pull off the speaker cover to see what you are dealing with and “Ah F^&%” the guy has one 18″ speaker and 4 – 10″ speakers and some little pyramid thing designed by Mr. Data to recreate alien bird calls. What is wrong with these people? Don’t they know that Motown had 2 trillion hit record grooves played through an old Ampeg B15 Flip top amp with one fifteen inch speaker? What do you do with this rig from Area 51?

First you forgive the bassist. He is, after all, like third in line for the girls so he feels the need to have some kind of fancy pants rig. It’s easy to forgive him when you realize that the rig is not a problem. Try miking the main large speaker. In general the bass’s top end sizzle and growl is pretty easy to catch since the mic will be a couple of feet out from the cabinet. The hard part is to capture the low mids and lows so shoot for that…

If you want to take a chance and mic the cabinet from far away try this. Set the bass rig up in a small closet and leave the door half open. Mic the cabinet close and then mic the cabinet from about 8-10 ft away with a cardoid mic pointed straight at the open door. OR put the cabinet in a hallway. Cement is ideal. Once again close mic.  Point the second mic down the hallway. Never put both these mics to the same track without checking for phase problems and being absolutely sure that the mic set up “works”. What do I mean by works?  Do this. Solo both bass tracks. Have him play a long ascending scale from the lowest to the high notes on the neck. Listen carefully. You are listening for two things. Any notes that seem to drop out, fade, seem oddly soft, or are swallowed completely. These are notes that are being dumped by cross phasing.  If you find any glaring problems move THE MIC THAT IS FAR AWAY slightly and try again.  When I say glaring I mean glaring, large, in your face. You will always have some phase problems and this test will teach you to hear them. You can’t get rid of all of them. The second thing that you are listening for is standing waves. These are pesky little problems that demonstrates that Physics is not a high school teacher’s fantasy. As you listen some notes may Boom.  By that I mean really BOOM loud with a sense of sustain. You may have noticed this effect before while singing in the shower. Some notes seem to ring the room. This is literally what they are doing. The problem is caused by the bass guitar sending out a note that has a frequency that is a whole number multiplier of the room dimensions. (???!!) Yeah who cares huh? You do cause they will destroy a good mix.  A properly designed studio will not have these. Not many studios are well designed. If you are paying the studio $5000 a day tell them to fix the problem by rebuilding the castle you are recording in ( this happened to me once) and go out for a nice meal. If you are recording in the real world you try this.  The key is to actually understand the problem. Look at what I said…A whole number multiplier???. OK this is the core idea. Let’s say that the bass plays a B, one whole step up on the A string. This note may have a frequency of 11 ft from peak to peak of the sound waves. (I don’t know the frequency I am just making it up) The hallway that you are in is 33ft long exactly. Ah Shit. 33 divided by 11 is three. Bad news the peaks of the waves will pile up on the peaks of the reflected waves and BOOOOOOOOM. You have a note that is fuckin loud, loud, loud.

This is why I suggested a small closet since all of the bass notes will be too big to cause trouble in the small space. If you run into this problem there are a few possible solutions. Try  Moving something large into the space like a couch stood on end or a stack of cases or cabinets, anything to break up the wave before it eats the mix. Large sheets of plywood, sheet rock, blankets (rarely work since they aren’t heavy) etc. Try to break up the space. Another solution is to find the frequency on the bassists graphic EQ and pull out that frequency. Don’t try to EQ it at the mic end. That won’t work……..

————————–Wow! This one is clocking in at around 4000 words so I’ll wrap it up with one cute vocal mic trick.

Set up a nice condenser mic, like a neuman 87, akg 414, PL 20 (it’s a cardoid but it sounds great on vocals) etc. Set it up just above the vocalist pointing down to catch the voice and chest area. The vocalist should be singing slightly up into the mic.  So far this is standard. Now for the tricky part.  Set up two mics that you would use as drum overheads, nice cardoid condensers like AKG 460 (pricy but nice I own a few).  Set them up in an X Y Stereo pattern like I described in my last blog. They should be around chin height. They need to be at an exact 90° angle from each other. They should be pointing left and right to either side of the singer. This gives you three vocal mics. Now combine these three mics onto two tracks like this.  The top mic dead center so it is being sent equally to each channel. The X mic panned hard to track one, the Y mic panned hard to track two. Balance the top mic as about 60% of the mix and the XY mics as about 40% of the mix.  Now, as the final icing – set these two channels to play back hard left and right in the mix.  The result is the Voice of God. You’ll have a solid fat vocal track straight down the middle with beautiful, airy stereo around it. What’s even neater about this trick is that on mixdown you can rock the balance back and forth the vocal will appear to drift left to right AND BACK TO FRONT in the mix. Very Sexy. I used this trick on some Metal Power Ballads. It makes the teen girls melt into their shoes………

Well that’s all I have this evening. Try some of this and you will be on the path to succeed at Rock.

©Brad Morrison/Billiken Media 2010