5 Reasons Venues Aren’t Writing You Back

[Editors Note: This blog was written by Patrick McGuire. Patrick is a writer, composer, and experienced touring musician based in Philadelphia.]

 

It can be a hugely frustrating experience to reach out to a venue in hopes of booking a show only to hear nothing back. When you’ve spent months or even years creating music, it can be annoying or even downright disheartening when a venue won’t communicate with you and give you a chance to play. But like with everything, there’s two sides to every story, and there might be some perfectly good reasons why music venues aren’t giving you the time of day. Here’s a list of five possible reasons that venues aren’t replying to your emails:

1. You don’t have enough experience

If you’re new at making music, you might have a misinformed notion that the music industry is different than other industries in the fact that it’s not centered around money, but you’d be very wrong. Venues might not be getting back to you because you don’t have enough experience playing music. And if you’re new and inexperienced, the chances of you bringing people to your show, or more importantly, money through the door, are slim, and venues usually aren’t willing to take that risk. Like all of us, venues have bills to pay, and they can’t afford to bring bands in with no following and experience.

So, how do you get venues to give you a shot if you have no prior show experience? Build up your experience performing any way you can. Hit up local open mics, house shows and try to get your foot in the door with the smaller venues you want to play. And when you’ve built up some relevant experience, highlight that the next time you write venues.

2. Your communication skills are bad

You might not think that being able to write emails that are clear and grammatically correct is that important of a skill to have as a musician, but it’s absolutely something that could mean the difference between a venue booking you or not. Venues and show promoters get dozens of emails every day that are riddled with spelling errors and nonsensical sentences, and trust me, they hate it.

It’s even common for venues to get emails from bands who forget to add links to their music or even their band name. How can a venue book you if they don’t know your band’s name? If you put yourself in the shoes of a booking agent, you’ll see the need for emails to be written thoroughly and with things like your band’s name, the show dates you’re interested in, a link to stream your music and some relevant information about your band included.

3. Your music sounds bad

You songs might be awesome, but venues probably won’t give you a chance if they’re recorded poorly. Remember, venues get inundated with hundreds of requests from bands every week who want to play their stage. If your band’s music can’t compete with all the other music the venue’s booking agent listens to, why would they let you play?

If the recorded music you have posted online consists of demos you recorded on Garage Band, it’s time to invest some money and professionally record just one of your songs and share that with venues instead. You’ll be shocked at the difference this will make when it comes to booking shows.

4. The venues you’re trying to play are too big

If your band routinely draws 50 or less people to shows, landing a spot on a bill at a 2,300-capacity venue is going to be to difficult or even downright impossible. Again, from the venue’s perspective, why would they take the time to respond to your email if it’s clear you’re too small of a band to work with?

Instead of taking it personally, keep building your performance experience and work toward packing the shows at the smaller venues you work with. It never hurts to ask, but big venues can’t afford to lose money on a small band, even if they like their music. When you’ve built up your following, larger venues would probably love to have you. But until then, work towards selling out those smaller clubs.

5. Your band is unprofessional

If your band has earned a bad reputation in your scene, venues will be hesitant to work with you. Things like repeatedly showing up late to shows, talking through other band’s sets or not promoting your shows will earn your band some detractors, and their poor opinion about you will spread through your scene and venues will act accordingly.

If you’re new to music, the people working at venues might seem unrelatable, but they’re just like you and me in the way that they want to work with people who are kind, respectful and reliable. If your band has conducted yourselves in an unprofessional way, it could be the reason venues aren’t getting back to you.

An Examination of the Songwriter & Music Publisher Relationship [PART 1]

[Editors Note: This is a guest blog written by Justin M. Jacobson, Esq. Justin is an entertainment and media attorney for The Jacobson Firm, P.C. in New York City. He also runs Label 55 and teaches music business at the Institute of Audio Research.]

 

We will now examine the music publisher and its exclusive publishing agreement with a songwriter. In addition to the standard exclusive publishing agreement explored below, there are other types of related agreements a songwriter could potentially sign with a music publisher, including a co-publishing, sub-publishing or administration arrangement; however, these will not be explored in this article.

Music publishers, which include Sony/ATV Publishing, Universal Music Publishing and Warner Music Publishing, are companies that manage a songwriter’s rights in a track. This may be typically referred to as an “administration” right in the composition. This provides the publisher with the right to license the music to others as well as to collect payments from any third-party for their uses of the songwriter’s work. The publishing company also handles the “paperwork” associated with the composition, including registering the copyrights in the songs, indexing the track with the appropriate Performing Rights Organization, as well as accounting and distributing the collected funds. A publisher may also “shop” a songwriter’s tracks in order to obtain licensable placements for its signed talent. An individual responsible for this task is sometimes referred to as a “song plugger.”

In most instances, the songwriter and publishing company equally split all of the proverbial “publishing monies.” In reality, this means that fifty (50%) percent of the total amount earned is allotted for the “writer’s share” of the composition and the remaining fifty (50%) percent is allocated for the “publisher share” of the composition. Since a single track can have several co-writers, this means that several publishing companies and other individuals may also be entitled to a part of the “writer” or “publisher” share of the track. For instance, if a song has two co-writers, the “writer’s share” of the composition could be split equally with each writer receiving fifty (50%) percent of the entire track’s “writer” share.

The streams of income generally subject to an exclusive publishing agreement include mechanical royalties, public performance royalties, synchronization fees and print incomes. Mechanical royalties are paid for the use of a musical composition on CDs, vinyl, cassettes and as MP3 downloads. In the United States, the Harry Fox Agency is generally responsible for collecting and distributing mechanical royalties. Print Income is also subject to these agreements and applies to any funds earned from the sale of the printed musical work, such as in lyric and musical score folios, individual sheet music and when the same is displayed or sold as sheet music on the Internet.

Public performance royalties are also subject to a publishing agreement. This income is due when a musical composition is publicly performed, including when it is played on the radio, at a nightclub, a concert hall, or a stadium. These funds are collected by Performing Rights Organizations (P.R.O.). In the United States, the P.R.O.s are ASCAP, BMI and SESAC. A songwriter must become a member of a P.R.O. in order to receive their public performance royalties. Additionally, each country has their own P.R.O., so a foreign citizen should become a member of the organization in their country of citizenship.

Finally, synchronization income, referred to as “synch” monies, are subject to the same publishing deal. This income is paid when a composition is displayed with a visual image, such as in a motion picture, in a television program, in a music video or in a video game. There is income here that may also be collected by the owner’s respective P.R.O.

As is standard with most exclusive recording agreements, the deal is usually cross-collateralized with any other agreements between the same parties. Again, this means that any advance and any other funds expended on behalf of the writer, whether under a recording contract or a publishing contract, are recouped against any royalties earned from either agreement. If possible, it is prudent to limit or prevent the cross-collateralization of the agreements; however, most companies will not permit this.

In addition, some publishing companies attempt to cross-collateralize the royalties earned by one co-writer in a composition with that of any other co-writers of the same track. This permits the publisher to credit any royalties earned by any co-writer of a composition toward the outstanding royalty balance of any other co-writers of a song, even if they are not attributable to this particular co-written song. If it is cross-collateralized, the publisher is permitted to credit any royalties earned by any co-writer of a composition, even if they are not attributable to this particular co-written song, toward the outstanding royalty balance of any other co-writers of a song. It is prudent to ensure that each writer’s royalty account is not cross-collateralized with any other co-writers of a track by ensuring that only tracks written by one writer are credited toward that writer’s outstanding balance without permitting the cross-collateralization of accounts with any other co-writers.

Another point to be aware of is that an artist should try to ensure that if they are signed to both a recording and publishing agreement with the company; and, if the company wants to extend one of the deals, the other deal is also not automatically extended. This prevents the artist from being dropped from the label while still being signed to the publishing company.

One final matter that should be addressed in this arrangement is the songwriter’s creative control and approval for the uses of its compositions. In particular, a writer should try to include a limitation on the types of works that their composition can be licensed to or included in. For instance, a “kid friendly” pop star may not want their composition featured in a commercial that contains drug, alcohol or tobacco use, features sexual content, or violence. In addition, an artist should have a right to approve any changes to their finished music. This includes ensuring that any song or lyric alterations conform to the artist’s “mood” or “style” of music. For example, a publisher should not be able to take a dance track created by a dance artist and edit it so that it is now a heavy metal record.

We will now examine a few standard clauses included in an exclusive songwriter publishing agreement.

SERVICES – During the Term, Writer shall furnish to Publisher, Writer’s exclusive services as a songwriter and composer and shall deliver to Publisher, for exclusive exploitation hereunder, all of Writer’s interest in and to all of the Compositions. 

(a) New Compositions – Musical works that are written, composed, created, owned and/or acquired, during the Term, by Writer, alone or in collaboration with another or others (hereinafter referred to individually and collectively as “New Compositions”) 

(b) Old Compositions – Musical works that are written, composed, created, conceived, owned, controlled and/or acquired, in whole or in part, prior to the Term, by Writer, alone or in collaboration with another or others (hereinafter referred to individually and collectively as “Old Compositions”). The New Compositions and the Old Compositions are individually and collectively referred to as the “Compositions.” 

As described above, the publishing agreement usually signs the writer to an exclusive agreement for their publishing rights in all of their Compositions. This means that the agreement applies to any existing compositions that the writer has created and owns as well as any new material they create or acquire during the term of this agreement. It may be advisable to attempt to exclude certain existing tracks from the agreement in an effort to prevent the publisher from receiving income from those compositions. This is especially true, if those tracks are already under a prior exclusive publishing deal. This is not the easiest goal to achieve as most of the time; the artist is only receiving the publishing deal due to an interest in all of their existing material as well as any new material they create going forward.

GRANT OF RIGHTS

(a) Writer hereby irrevocably assigns and grants to Publisher and its successors, all rights and interests of every kind and nature in and to the results of Writer’s songwriting and composing services, including, the Compositions, the copyrights therein and any and all renewals and/or extensions thereof throughout the Territory, all for the full term of copyright protection and all extensions and renewals thereof throughout the Territory. 

(b) Administration – Publisher shall have the sole and exclusive right to administer one hundred percent (100%) of Publisher’s and Writer’s respective interests in and to the Compositions, whether now in existence or hereafter created, including the following: 

(i) To perform the Compositions publicly, by means of public or private performance, radio broadcasting, television, or any and all other means, whether now known or which may hereafter come into existence. 

(ii) To substitute a new title or titles for the Compositions, and to make any adaptation or translation of the Compositions, in whole or in part, and to add new music or lyrics to the music of any Composition. 

(iii) To make and to license others to make, master records, tapes, compact discs, and any other mechanical or other reproductions of the Compositions, including the right to synchronize the same with sound motion pictures, radio broadcast, television, tapes, compact discs and any and all other means or devices, whether now known or which may hereafter come into existence. 

(iv) To print, publish and sell, and to license others to print, publish and sell, sheet music, orchestrations, arrangements, including, without limitation, the inclusion of any or all of the Compositions in song folios, song books or lyric magazines. 

(v) To collect all monies earned during the Term with respect to the Compositions. 

The above language explores the various rights granted to the publisher by the songwriter in the agreement. The clause affords the publisher with the exclusive right to administer one hundred (100%) percent of the song’s publishing. Under this provision, the publisher has the right to license the work for inclusions on CDs, as MP3 downloads and as sheet music. They also have the right to collect all the monies earned on the contracted for compositions.

Additionally, the publisher has the right to license the work on the radio, on television, in motion pictures and by “. . . all other means or devices, whether now known or which may hereafter come into existence.” This language permits the publisher to apply its current publishing deal to any new technology or means of distributing music that may come into existence at a later date. Furthermore, the publisher is granted the right to translate into another language as well as adding new lyrics to any composition created by the songwriter.

In our next installment, we will continue our discussion on a music publisher’s exclusive publishing agreement with a songwriter.

This article is not intended as legal advice, as an attorney specializing in the field should be consulted. Some of the clauses have been condensed and/or edited for content purposes, so none of these clauses should be used verbatim nor do they act as any form of legal advice or counseling. 

New Music Friday: October 13, 2017

TuneCore Artists are releasing tons of new music every day. Each week we check out the new TuneCore releases and choose a few at random to feature on the blog.

Is your hit next?

Follow The Billion Dollar Club – a Spotify playlist that’s updated every Friday with new releases from TuneCore Artists – stream it below!


Know About Love
Tykeiya

R&B/Soul, Pop


Long Way From Home
Peter Cincotti

Pop, Singer/Songwriter


Autodomesticated Animal
Birdtalker

Singer/Songwriter, Alternative


Painted Skies
Anthem Lights

Pop, Christian/Gospel


Ruined This Town
Lee Gantt

Country


Last Dance
Exhibition

Rock


Solstice
Thunder Body

Reggae


Surface
Geneva White

Pop, R&B/Soul


Miss Everybody’s Business
Erick Macek

Alternative, Singer/Songwriter


Love You Right
Shawn Spencer

Alternative, Pop


Young Beauties and Fools
The Glorious Sons

Rock, Alternative


Eyes Wide Open
Scavenger Hunt

Pop, Alternative


Sweater
Yum Yuck

Alternative, Electronic


John Carpenter’s Halloween
Trent Reznor & Atticus Ross

Soundtrack, Electronic


Spotify Singles
Pierce Fulton

Alternative, Electronic


Lying
Foreign Air

Alternative, Rock


Higher Than High
Zayde 
Wølf
Alternative, Pop


Before/After
Essx Station

Alternative, Singer/Songwriter


Breathe
Loona Dae

R&B/Soul


Suzanne
The Bermuda Triangle

Rock, Folk

 

iTunes Holiday 2017 Delays & Closures – Plan Ahead!

You read that right, folks! We’re already approaching the holiday season, and once again we’re here to remind you that it’s imperative to be prepared if you’re planning on distributing music during November and December. Like many of us, our pals at iTunes and other digital store partners take time off during the holiday, resulting in potential delays.

See below for some guidelines that’ll ensure you have a successful release just in time for the holidays:

  • In order for content to become available in iTunes and other stores between Friday, November 17th and Friday, December 1st you must upload and pay for distribution in TuneCore no later than Tuesday, November 7th.
  • In order for content to become available in iTunes and other stores between Saturday, December 2nd and Friday, December 8th you must upload and pay for distribution in TuneCore no later than Tuesday, November 14th.
  • In order for content to become available in iTunes and other stores between Saturday, December 9th and Friday, December 22nd you must upload and pay for distribution in TuneCore no later than Tuesday, November 28th.
  • In order for content to become available in iTunes and other stores between Saturday, December 23rd and Sunday, January 7th you must upload and pay for distribution in TuneCore no later than Tuesday, December 12th.

In order to make sure that you don’t miss the release date for your song or album, plan ahead and distribute your new music as soon as you can to avoid getting caught in holiday closings/delays. The earlier you get your new music on iTunes and other stores, the more time your fans will have to buy it!

If you’re not ready to release that album just yet, we always recommend releasing a single early to garner some excitement!

If you are planning on submitting your new release via the TuneCore Feature Submissions Page:

  • To be considered for a feature for Friday December 1st, you must fill out and send your Feature Submissions Form by Friday, November 3rd.
  • To be considered for a feature for Friday December 8th, you must fill out and send your Feature Submissions Form by no later than Friday, November 10th.

Regardless of how your fans celebrate the holidays, give them the chance to use your music as a soundtrack – distribute your holiday music today!

Wednesday Video Diversion: October 11, 2017

Happy Wednesday everyone. Time to divert your attention from whatever it was you were up to before reading this entry to kick back, relax, and enjoy some awesome music videos from our ever-growing community of TuneCore Artists. What are we celebrating this week? Well, did you know that on this day just a few years back in 2009, Barbra Streisand went to #1  on the U.S. album charts with Love Is The Answer? Yeah, that doesn’t seem like anything worth mentioning, until you realize that she’s the ONLY artist to have a number one album in the States in FIVE different decades. That’s why Barbra’s the queen!

Sharon Needles, “Battle Axe”


Lucy Cavalier, “Put You Down”


Rob $tone, “Holy Grail (feat. Malik Burgers)”


Tetrarch, “Oddity”


Robbie Williams, “Go Mental (feat. Big Narstie & Atlantic Horns)”


The Ace Family, “You’re My Ace”


Kado Barlatier, “Komplete Strangers”


Falling Through April, “Desperate Measures”


Trenton, “Ghost Runner”