5 Questions Musicians Should Ask When Choosing a Venue

[Editors Note: This article was written by Adam Young. Adam is the founder and CEO of Event Tickets Center. He loves taking in live music at venues ranging from underground clubs to massive arenas.]

There are myriad factors that go into choosing exactly the right place for your band’s next performance. Music venues come with many nuances that affect the overall quality of a show, from sound and layout to physical location and audience demographics. Before booking a primetime slot at a spot that looks great on paper, ask yourself these questions. They may just save you from a less-than-stellar experience.

1. Is the venue in the right part of town?

You don’t want to perform just anywhere. Your style of music and the size of your fanbase will help determine where you should play.

It goes without saying that a location in a major city center is going to bring in a bigger crowd. And the closer your venue is to any big transportation hubs, the better the accessibility for potential attendees. When the venue is highly accessible, more people who rely on different means of transport can attend your show.

Pay attention to the fact that outside noise could infiltrate your space. Check out the venue during its quietest time, and listen to what you can hear. Does the proximity to the airport mean airplane engines overhead? Maybe a city park’s amphitheater offers a better opportunity than that downtown lounge with too much street noise. These are crucial factors to consider when considering the location of a venue.

2. What type of audience does it draw?

Reaching the right audience is crucial, and booking at the right venue can get you there. If you’re a toe-tapping jazz duo, the local EDM club isn’t going to be right for you. Do your research, and see the other musicians that have played at the spot before. Are any of them like you? The best venue for your audience is a familiar one, where they’ll be comfortable attending, and happy to see you perform.

3. Does size matter?

Yes, capacity is important. (You want there to be plenty of space for your fans to be able to come to the show, but also consider if you qualify to play larger spaces to begin with.) But the reason to consider size is less for attendance, and more for sound quality. For example, if a room is very large, the sound could be dissipated, and therefore hard to hear. But if the shape of a space reflects that potentially lost sound back to the audience, then no harm done. The size isn’t as important as the acoustics within the space you’re playing.

4. So the layout is really what matters?

Architecture has the power to make or break a performance. Inside arenas and stadiums, for instance, sound waves can bounce off various surfaces or become absorbed before reaching the ears of fans on the floor. In order to know how exactly this is going to impact your performance, the best thing to do is to go listen to a performance in that space. How does the band sound? Does the space match your style of music? Maybe where the local philharmonic performs isn’t best for your indie rock or punk band, but they’d sure have a tough time fitting into the small, underground space best for headbanging and guitar solos.

5. What about technology?

The technological power of the venue is almost more important than its acoustic capabilities. A good sound setup can minimize, if not eliminate, any flaws within the venue’s size and structure. (You should make time to find out if the venue has monitors or other equipment useful for determining your noise-exposure levels.)

And, if you’re the hottest DJ on the rise, it’d be wise to find a venue that comes with all the lighting necessary to host a stellar rave. Knowing the lighting capabilities of the venue can be vital to the performance you want to give.

Next time you’re trying to decide which music venue is right for you, remember to ask yourself the right questions. In summary: know your audience and know your sound, and choose a venue that’s suitable.

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.]

 

UPDATE: Read Part 2 of this series here!

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. 

Top 5 Things To Know About Stagecraft & Performance

[Editors Note: This article was written by Tessie Barnett and originally appeared on the GigSalad Blog.]

In a world where making music, sharing music, and collaborating with other artists is becoming the norm, fans are expecting much more from a band than their musical talent. It’s one thing to form a solid, personalized setlist, but connecting with your fans is another feat entirely.

You need to stay ahead of the trends and keep your fanbase growing. In order to do that, you have to perfect your live shows. Here, we’ve gathered 5 important steps to help you practice, prepare, and improve your stagecraft and performance.

1. Know The Music Inside And Out

Rehearse. Rehearse. Rehearse. Before a live performance, your music should be practiced to the point that you no longer consciously think of individual notes or chords. Many artists like to practice with a “handicap” to stimulate other parts of the brain. If you’re a guitarist, try playing the set blindfolded. If you’re a drummer, wear wrist weights. Get your bandmates to really listen to each other without relying on visual cues by playing songs in the dark. If you feel like regular practices aren’t enough to accomplish your desired skill level, try using a training tool to record your band practice.

One thing you’ll want to make sure you and your band agree on is rehearsal etiquette. As Jeff Black from Vandala Magazine said, “Its not just HOW MUCH time you put in, but the QUALITY of time you contribute.” Show up on time, be ready to play, and leave distractions at home. Try to avoid getting sucked into a black hole of snack breaks, video game breaks, phone breaks, etc. Make sure to use your time wisely and get what you deserve out of it.​

​After playing becomes as natural as breathing in and out, you’ll want to practice exactly how you would perform. Arrange the band the way you’d play onstage—face a wall as if it’s the audience, put some mirrors up, and arrange speakers to face your “crowd.” Play the setlist you’ve created as if it’s your live show. Once you’re comfortable with this mock performance, bring in a few buddies to get their feedback. Good friends will likely be brutally honest, so keep their intentions in mind when they’re giving you criticism.

Rehearsals aren’t for playing perfectly. They’re for learning, experimenting, evolving, and preparing to share your music with your fans.

2. Relax Onstage

Don’t take yourself too seriously before hitting the stage. Focus more having a good time with your audience rather than trying to impress a crowd. Some artists use relaxation techniques like meditation, yoga stretches, and breathing exercises to curb their pre-show jitters.

We also recommend ​using a little humor to help relieve tension. According to the Mayo Clinic, laughter increases your intake of oxygen, releases endorphins in the brain, and aids in muscle relaxation. Not only does it have physical benefits, but humor also keeps you from taking things too seriously—a relief from toxically overanalyzing a situation. Listen to your favorite standup comedian, watch compilations of people falling, play tricks on your band members, whatever it takes to make you giggle. Laughter really is the best medicine!

3. Fake It ‘Till You Make It​

It can be easy to imagine the worst if you feel doubtful or stressed about an upcoming gig. DON’T. Push these thoughts aside and visualize a smooth and flawlessly executed performance. This is best done when relaxed—before you fall asleep or first thing in the morning. You’ll want to make this a daily visualization exercise starting at least one month before you’re expected to perform. Thinking of positive performance scenarios helps you get mentally prepared.

A person’s behavior, movement, and emotions are all directly correlated. When you feel confident and excited, your posture is better and you’re more alert. A good way to push yourself into this mindset is to pose with confident body language and allow the associated feelings to follow—or fake it ’till you make it. According to social psychologist, Amy Cuddy, “power posing” can actually affect testosterone and cortisol levels in the brain. Practice using this power-inducing body language during rehearsals, and before long, your self-assurance will be authentic and present in your performances.

4. Keep Your Focus On The Crowd

​Most successful artists realize that their music, especially in live performances, is not simply a way to showcase their talent. Yes, it’s a form of self-expression, but it’s also an offering to your audience, and if you seek a career in this industry, you have to connect with your fans.

Start your set with an attention grabber—an energetic and recognizable song. With an upbeat, celebrated cover, you can easily encourage your audience to dance, clap, shout, and sing. Continue that momentum throughout your set. When your fans walk away feeling awed and exhausted, your show will be imprinted in their memory.

5. Stay Creative

It takes an enormous amount of creativity and style to craft music that’s unique to you and your sound. Mastering the skill of songwriting helps you establish your place in an industry saturated with other artists. However, fans want to see your creative efforts beyond the song lyrics. The experience is what they’re after. Imagine yourself as an indifferent listener in the audience. What would grab your attention? Use your creativity to take your performance to the next level. It’s hard to forget a performer who envelopes their audience.

Clearly, with the advancement of sharing platforms, tools, and technology, fans are beginning to expect much more from the modern day musician. The artists who stand out are the ones who create an extraordinary experience for their audience. If you can practice your instrument until it feels like an extension of you and put your full, creative energy into every engagement opportunity, you’ll turn your fans into lifers.