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At the recent Pemberton Festival, I was asked to present a PechaKucha at the industry summit. Basically, the presenter is tasked with showing 20 pictures and talking for 20 seconds per picture.

I thought that it would be fun to share this.

Who is Bob D’Eith?

I am a father,...

Why is music so important to me and the world?

At the recent Pemberton Festival, I was asked to present a PechaKucha at the industry summit. Basically, the presenter is tasked with showing 20 pictures and talking for 20 seconds per picture.

I thought that it would be fun to share this.

Who is Bob D’Eith?

I am a father, an entertainment lawyer, an advocate for music rights, a musician, an author.

I guess that makes me a renaissance man or a jack of all trades, master of none…the jury is still out on that one…

When we look back on history, we one of the key reflections of past societies is their music. The Baroque era was captured by Bach. The Classical era with Mozart. The Romantic era with Beethoven.

The same can be said of art created by such masters as Michelangelo, Leonardo da Vinci and Botticelli. Art is a reflection of the society that it was created in and becomes one of the most lasting legacies from any era.

Imagine London without Big Ben or Paris without the Arc de Triomphe or Beijing without the Forbidden City. These physical representations created from the minds of creators in years gone by help us to define who we are and where we live.

Of course, history is also remembered through its politics, wars and conquests. Mankind’s path is paved with the blood of soldiers, whether that was the battles for the New World, the French revolution and the American Civil War…

In fact, the 20th Century made an art out of warfare. That century will certainly be remembered by its wars: WW1, WW2, The Korean War, The Vietman War, The Gulf Wars. We will be remembered for dropping the atomic bomb on civilians.

The 20th Century will also be remembered from creating some of most barbaric and criminal leaders of all time: Hitler, Stalin, Osama Bin Laden.

…but, the last 100 years will also be remembered as a time when we created some of the most amazing music of all time including the works of Gershwin, Duke Ellington, Miles Davis…

Generations were defined by their music: Elvis, The Beatles, Michael Jackson, Nirvana…

As a society, we have to choose whether we want to be remembered by the building of highways, polluting of our planet, wiping out countless species…

Or whether we want to be remembered as a time where there was an explosion of creativity through music…U2, Coldplay, Dave Matthews, Sarah McLachlan, Bruno Mars are the tip of the iceberg…

Technology has allowed society to experience more music than any other time in history. However, since the dawn of the internet, this has become a double edged sword. At a time when music is more prevalent in our society than ever before, we have devalued it to “free”, sharing it without regard to the impact this has on the very creators of what we love so dearly.

The world that I grew up in is gone. The days of anxiously waiting in line to spend scarce minimum wage dollars on the new Led Zeppelin, Pink Floyd, Rush album have disappeared forever along with the culture surrounding record stores.

Social Media is our new form of communication. Pictures, video and music have become ubiquitous though new technologies. People are getting used to experiencing what they want, when they want….for free.

Of course, the flip side is that the power of creation and distribution has been given to the creators of music. Ironically, most musicians do not know what to do with this new found power.

On the other hand, some musicians have figured it out. Macklemore was the first artist to break world-wide without major label financial support. Dave Matthews sold over 500,000 records before he even entertained a major record deal. Up and coming artists like Dan Mangan have harnessed this new power of independence.

Will new technologies be the answer to balance the equation between art and commerce and the consumer? Will Spotify save music? We shall see.

The one thing that is certain is that music is here to stay. It is more important to the human experience than ever. Nothing can replace the feeling of shared joy that is felt at a concert. Nothing can make you escape to another place and time than listening to your favorite tracks.

Human creative expression is what sets us apart from other species on earth. We can’t forget that it is music that is one of the highest forms of that expression. And that is what is truly important to humankind at the end of the day. It is what we will be remembered for.

#music #Music business #music blog

Message from Copyright Board of Canada: Music is worthless

#IRespectMusic - new hashtag campaign

Over the past 20 years, I have seen many issues divide the music community, but the recent unanimous outrage expressed by every music industry association, artists, labels and the leaders of the music community tells us that the Copyright Board of Canada really erred this time.

Tariff 8 sets streaming rates payable by online services for streaming sound recordings and performances of artists at about 10% of the rates set in the USA and many other countries. In fact, even the USA rates are considered to be extremely low. So, the message from the Copyright Board of Canada is clear: music is worthless.

Well, I beg to differ. Music has great value to society and to individuals. Music is part of our every day lives in a profound way. Music defines generations. Think of Bach, Mozart, Beethoven. Think of Mile Davis, Elvis, The Beatles, Nirvana. Music, as with other art forms, is the positive reflection of what is best from each era.

Why is it that we think so little of musicians and music in our society today?

Companies like Google, Youtube, Spotify and others base their business models, in part, on the exploitation of content without payment or nominal payment to the creators or owners. Some of these companies are worth billions of dollars and yet musicians, who provide this wonderful content, are generally living below the poverty line.

Interestingly, the music industry is not asking for so much money that these companies will not be profitable. They are simply asking for a fair value for the music that is recorded at great expense. There seems to be this odd idea that musicians and the music industry should work for free - because they love what they do. Hmmm, so if you love your job, you should not be paid for it. Wayne Gretsky would have argued with that one.

The music associations are launching a campaign called #IRespectMusic. Check out the facebook page and like it, get involved, voice your opinion:

https://www.facebook.com/pages/I-Stand-For-Music/649798808431412

Best,

Bob D’Eith

ps. check out these fun calculations (it will make your head shake):

http://musiccanada.com/news/under-tariff-8-barenaked-ladies-would-need-9216-plays-of-if-i-had-100000-to-earn-enough-royalties-to-buy-one-box-of-kraft-dinner

Canadian Anti-Spam Law applies to musicians and music companies too!

Musicians and music companies should be aware of the new anti-spam laws coming into effect on July 1, 2014. While there is a three-year transition period, any express opt-in email requests have to be sent out before July 1, 2014. After that, phone, fax or snail mail will be the only other way to get consent to send marketing messages to anyone who has not agreed to receive electronic messages including email and social media.

The new law covers all “Commercial Electronic Messages” (CEM) include emails, texts and some social media sent to or from a Canadian computer in Canada for a commercial activity including the promotion of products (e.g. merchandise, CDs, Downloads), services (e.g. offers for live performance) and other business promotion.

Exceptions (list provided in a Mailchimp notice on this subject) include:

Messages to family or a person with established personal relationship.

Messages to an employee, consultant, or person associated with your business.

Responses to a current customer, or someone who has inquired in the last six months.

Messages that will be opened or accessed in a foreign country, including the U.S., China, and most of Europe.

Messages sent on behalf of a charity or political organization for the purposes of raising funds or soliciting contributions.

Messages attempting to enforce a legal right or court order.

Messages that provide warranty, recall, safety, or security information about a product or service purchased by the recipient.

Messages that provide information about a purchase, subscription, membership, account, loan, or other ongoing relationship, including delivery of product updates or upgrades.

A single message to a recipient without an existing relationship on the basis of a referral. The full name of the referring person must be disclosed in the message. The referrer may be family or have another relationship with the person to whom you’re sending.

According to the new rules, you have to get consent from the recipient of any electronic message that qualifies as a CEM. This can be implied consent, which would include anyone who you have already done business with, sold a product or service to, or if you were given an email address or if such email is freely available and such recipient has not stated that they do not want unsolicited emails. If you do not have implied consent, then you will need express consent.

It is also important to retain a record of any consents that you get. If you request bulk consents, each subscriber must check the opt-in box themselves (you cannot pre-select the yes box!).

All messages sent now must include your name, the company or on behalf of whom you are emailing from, physical mailing address, telephone number, email address or URL. For bulk emails, there must be an unsubscribe function.

Penalties for spammers ranges from $1-10 million dollars per violation. Your staff is deemed to be acting on behalf of the company, so be very careful to tell everyone about the possible liability. Having said that, notices from the CRTC have said that they will have limited resources to enforce this law, so it may take being reported to get into any trouble. Also, the goal of the legislation is to punish really annoying spammers and people or companies sending malicious electronic messages. Having said that, ignorance of the law is no excuse and you need to be aware of all of your electronic messaging and marketing.

OK, how does this affect you as a musician or a music company?

FAN MAILING LISTS. If you maintain your own database and send directly from that, you need to make sure that you have implied or express consent to continue to send out newsletters and any promotional emails. I can’t advise you on your particular situation, but if you are sending out an enews from your own database, it would not be a bad idea to send out an express notice to your list asking them to opt-in to your enews BEFORE July 1, 2014. Also, keep proof of the opt-in notices. You would need those if you were called to task on a “spamming” allegation.

If you use services like Mailchimp, their screening is actually more robust that this new legislation and so there is probably already an express or implied consent. Also, if you are using a foreign data service, the legislation may not even apply as it only applies to messages sent from or to a Canadian computer in Canada. Messages that route through a Canadian computer are not subject to the law.

COLD-CALL EMAILs. All of us send out emails to venues, industry, music supervisors, radio, press and many other music related businesses. A random request for a gig, for example, would technically be considered spam under this new legislation. To avoid this, get a referral from someone they know and state the reference in the email, get their business card in advance (conference or festival), or find their contact in an open database that they have consented to. Make sure that the email has all of the contact information that needs to be in the email. At the end of the email give them the opportunity to email back to be deleted from your database. Avoid any multi-email, generic mail-outs of any kind moving forward. Unsolicited mass emails will certainly be considered spam.

It is important to get up to speed on the new anti-spamming laws. Be proactive and make sure that you set yourself up in advance of the July 1, 2014 deadline.

FURTHER READING ON THE SUBJECT:

http://www.crtc.gc.ca/eng/com500/faq500.htm

http://www.ctvnews.ca/mobile/sci-tech/canada-s-new-anti-spam-law-applies-to-almost-all-businesses-1.1885477

http://theonn.ca/what-we-do/stateofthesector/canadas-anti-spam-legislation-nonprofit/

http://kb.mailchimp.com/article/about-the-canada-anti-spam-law-casl/

http://www.imaginecanada.ca/public-policy-issues/anti-spam-regulations-casl?utm_source=Imagine+Matters+%2F+Actualit%C3%A9s+d%E2%80%99Imagine+Canada&utm_campaign=ce3934edea-Imagine_Matters_English_June_26_14&utm_medium=email&utm_term=0_90def18014-ce3934edea-292390353

FOR THE VERY COURAGEOUS, THE ACTUAL LEGISLATION:

http://laws-lois.justice.gc.ca/eng/annualstatutes/2010_23/FullText.html

The preceding information should not be considered legal advice. If you have any questions or concerns about the new laws, I suggest that you consult with a lawyer or the CRTC directly.

#music law #music business #music indsutry #bobdeith #bob d'eith

Are you maximizing your CMW experience?

Are you going to Canadian Music Week? What are you doing to get ready for the event?

CMW is one of Canada’s largest and most impactful music industry conferences and festivals. Most of the Canadian music and radio businesses are in attendance; however, it is a big event and it is difficult to get to everyone. Access to the people that you want to meet is very limited. Also, there are so many showcases that is it hard to get people out to see you. That means that you need a plan for success at CMW.

If you are a showcasing artist, consider the following a few weeks out (if you are a label or manager, consider supporting the artist in these areas):

1. Create an amazing live show. The showcase needs to be the focal point of your energies. Work on the band’s live show to get the perfect showcase set, timed for the slot that you are given. Do not play over time. Do not simply play every upbeat song or all ballads. Audiences get tired of the same thing. Create a set that this bigger than the room that you are in. If you are playing the Rivoli, then think the Horseshoe. Create moments within your set that will show the audience and the industry that you are a professional band. When I am in the back of the room with industry pros like Ralph James from the Agency Group, I want to see him nodding his head and saying, “now that’s a band!” You have to literally get people to stop schmoozing and listen to your set. That means that you need grab their attention with a very, very compelling show.

2. Prepare showcase promo materials. Try and get multiple shows so that there are options for the people who you want to see you. Print up a card or postcard with ALL of your dates, official and unofficial. Get there early and hand them out at the conference and other shows. Make sure that all of the show details are available online.

3. Attend the conference. Whether you are showcasing or not it is very important to attend the conference. It is really amazing how few of the showcasing artists attend the conference. It is an incredible opportunity to learn about the business and to meet a lot of people who may be able to help you with your career. Drag your ass out of bed and work the room. Like it or not, you are in the music “business,” which means that your showcase is only a part of your overall job.

4. Don’t try to meet everyone. Try and meet some key people who can actually help you move forward. Spend time with them if you can. The business is about relationships, not one-night stands.

5. Give advance notice to the people who you want to meet to attend your showcases. Don’t forget about all of the international delegates and music supervisors for film and television who come to CMW. As far as emails, this means a well-drafted, thoughtful and personalized message to the agent, manager, label, publisher, publicist, radio tracker, radio music director or whomever you want to meet and attend your showcase. Send some follow-up emails, but do not become annoying. If they do not get back to you, do not harass them. Most of the music industry is getting bombarded at all times. Be respectful, but persistent. Do not send attachments, but you can send links to soundcloud or other sites to hear your music. Always include a url to your website.

6. Make sure that ALL of your online assets are up to date: website, facebook, twitter, youtube, soundclound, instagram, blogs. Make sure that your website is optimized with search engines, especially google. The first thing that any interested industry does is google your band name. Google yourself and see what comes up. Industry will assume that you are “not ready” if your online assets are not solid.

7. Get what you need nicely, without attitude. Showcasing is difficult because there are so many bands and the change-overs are really fast. Getting a proper sound-check is next to impossible. The reality is that it may take the first song for the sound tech to get the mix right, so consider that when building your set list. Check out the venue the night before if you can. Meet the sound tech. Meet the staff. Meet the door guys. Figure out how best to get the sound that you want out of the room. During the set, if there are technical problems (other than a fire, sorry Jordan Klassen for last year – this year will hopefully make up for it!) try and turn it to your advantage. After the show, thank everyone. Never get pissy or show attitude with anyone. That can come back on you. It is a very small industry and word gets around about “bands with an attitude”. One last note on this: don’t get upset if anyone from the industry leaves early. This does NOT necessarily mean that they were not impressed. It may simply be because they have a conflicting showcase and want to catch the end of that set.

8. No matter how many people show up, play the show of your life – every night. I was at the Commodore Ballroom during New Music West when Sloan played for maybe a dozen people at their showcase. It turned out that most of those people were A&R from major labels and the band got signed after that show. Sloan rocked that empty room like it was Rogers Arena. You never know who is in the room. Always play your heart out. The reason why bands like “Harpoonist and the Axe Murderer” showcase so well is that they bleed every show – they never, ever leave anything on the table. That means starting strong and maintaining the authority on stage for your entire set.

Good managers and labels will help their artists maximize the impact that their artists have at CMW and other showcases by working the room while their artists are playing. If you do not have formal representation as an artist, you may want to consider bringing or finding a business representative for your band (not a mother, father or uncle – seriously) to attend CMW. If not, then someone from the band should get to the back of the showcase club (where most the industry hang out) and schmooze with anyone who is left in the room (keeping in mind that many industry bounce from club to club). Be friendly and open. Do not sell. Just get to know the industry person as a human being. Music is a social business and the artists in today’s DIY world who embrace that will get further ahead.

If you are not a showcasing artist, then consider attending CMW anyway. It is a great place to learn and meet industry. It is worth the investment in your career to build your contact list early on. Bring your guitar, you never know!

Bob D’Eith is an author, musician, entertainment lawyer and executive director of Music BC. His book “A Career in Music: the other 12 step program” is available at www.bobdeith.com.

#musiccareer #musicbiz #bobdeith #musicbc

To sign or not to sign, that is the question (?)

If given the opportunity, do you think that artists today should stay indie or sign an artist deal with a major label? Would you have answered the same way one year ago, five years ago or ten years ago?

Macklemore and Ryan Lewis - world domination without major label backing (but distributed by Warner).

Article attached from Solveig Whittle :

"The world now knows that a combination of strong, socially conscious messaging, a well-defined visual persona, an electrifying live show, and great music characterize the hip-hop duo Macklemore and Ryan Lewis. Amplified by impeccable marketing execution and excellent timing, they have become the poster child group for DIY indie artists around the world and put Seattle back on the map of music industry innovation.”

So, it is, in fact, possible to break world-wide as a DIY artist. This is what was promised when the internet started out, but only seems to be coming to fruition now.

The attached article discusses how Macklemore and Ryan Lewis and their management team marketed “The Heist”. In fact, this artist is probably the first artist to have received this level of success and recognition without major label financial support. Do you know anyone else who has?

Article hits on:

Having a Plan as a key to success Touring, Youtube and Social Media as essential Taking the risks that majors would probably not take: “Now, looking back, "Same Love" seems like really brilliant marketing, but at the time, it was incredibly risky.”

What is your biggest take-away from this article?

Link to article:

http://www.shadesofsolveig.com/2014/04/06/macklemore-manager-zach-quillen-reveals-heist-marketing-secrets/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+shadesofsolveig+%28Solveig+Whittle%27s+Blog%29

How do you get noticed with all the noise?

Technology has always been a double edged sword. Nuclear energy vs. Nuclear Bombs. Communication Satellites vs. Star Wars program. Cures for cancer vs. biological warfare.

For music, technology has lowered the barrier for entry allowing anyone to record professionally sounding tracks at home. The internet has allowed anyone to release their music to the world with no gatekeeper. That is an incredible opportunity, but it also means that the market is flooded with everything ranging from the terrible to brilliant in every genre.

In his blog, Seth Godin has pointed out something that probably has its routes in ancient Chinese philosophy. http://sethgodin.typepad.com/seths_blog/2013/12/we-all-lose-on-the-shelf.html. Being noticed in music is being like “a camel standing amidst a flock of sheep” or a “crane standing amidst a flock of chickens.” Also, the Chinese proverb “crows everywhere are equally black” may ring true her.

The only way to rise above the noise is to be excellent in your uniqueness. In a world of 7 billion people and with media that has tried everything, how can we be anything but derivative of something that has already been done? The beauty of being human is that not one person on this planet experiences the world in exactly the same way. That means that in our own way we all have something to give that is slightly different than everyone else.

In fact, it is the fear of giving of ourselves that creates works that are unoriginal. It is far easier to copy someone else than it is to reveal our own vision of the world. Of course, we need to start our journey through emulation, but at some point an artist needs to make that separation from the safety of coping another person’s original works to exposing their own soul.

Music is a medium that allows a direct connection between an artist’s inner being and the listener’s intellect and emotions. It can trigger anger, triumph, joy, bliss, fear, happiness. Create something that will connect with someone on that level and you won’t have to worry about all the shelves out there.

#music #internet noise #bob d'eith #music indsutry #music blog

Topics of the week: Viral Videos, Success with the Media and Branding

Topics this week: Viral Videos, Media attention and Branding

This week, I had some lively Facebook dialogue on a few DIY issues for musicians. I thought that I would pass on the initial launching points so that you can think about some important aspects of your career.

1. VIDEOS

Viral Video. That is a funny way of naming low budget online videos, but it seems to have stuck. I guess the hope is to stir up some massive word of mouth through Youtube, Facebook, Twitter or other social media. But, videos don’t start out “viral”. There was a period when high budget videos were essential for all rock and pop bands. One can argue that big acts still need that massive video support, but for up and coming bands, the paradigm has shifted. When MuchMusic, Muchmoremusic and MTV were at their zenith in the 90’s, new bands could be broken with a single video e.g. Moist. Then, these stations stopped playing a lot of music videos and moved to lifestyle shows, leaving videos to the internet. Now, video content is more essential than ever. Youtube is the #1 place where fans discover new music. But for most new and emerging artists, one big budget video isn’t what it takes. It takes a constant and consistent stream of audio and video content to maintain fan interest. So, if you are lucky enough to have a budget for video production, consider that 10 really imaginative $1000 videos are probably going to be way more impactful that 1 x $10,000 video. Do you agree or is there still a place for higher budget videos for up and coming bands? Is it enough to simply do band videos or do you have to dig deeper and create something funny or compelling? If you are a fan - what do you like to see? If you are an artist - what has your experience been with video content? If you make videos - how can you sustain yourself producing low budget videos? Another great link courtesy of Brian Thompson. If you are not a recipient of the DIYDaily Blog…get on that! http://www.thediydaily.com/ http://www.hypebot.com/hypebot/2013/11/how-to-be-creative-on-a-limited-video-budget.html?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+typepad%2FDqMf+%28hypebot%29

2. SUCCESS WITH THE MEDIA

Brutal but true. So many artists are in such a rush to put out their albums that they do not have a strategy to get the media involved. That needs planning and a great story, touring plans, awesome promo materials, consistent branding, follow-up and many other things. Yes, we live in a DIY world. That means thinking like a record label, a publicist, an agent, a publisher…which is hard. But, that is the reality. Do you think that the blog is overly harsh? Did it miss anything? Or was it spot on? http://diymusician.cdbaby.com/2013/11/top-7-reasons-media-cover-last-album/?utm_content=buffera05ee&utm_source=buffer&utm_medium=twitter&utm_campaign=Buffer

3. IS “BRANDING” A DIRTY WORD?

Band branding…many artists see recognizing that they are a “brand” as selling out in some way. The reality is that whether you are a punk band/spitting into the audience, Nickelback with their pyro, Dan Mangan and his thoughtful lyrics, a country crooner, KISS…you have an image. The real question is whether the artist is willing to accept, understand and yes exploit their image. How well do you think our indie artists are doing in building their brand? Check out this link. A lot of great ideas: http://blog.discmakers.com/2013/11/five-elements-of-your-artist-brand/?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+discmakersblog+%28Disc+Makers+Blog%29

The difference between Good and Great

The is a lot of "good", "competent", "informative"...but not a lot of "great", "compelling", "transformative".

Often, it really is a small thing that separates good from great. The problem is that bridging that little space often takes the most amount of energy and courage. I think that applies to everything from music to writing to science to politics.

There are many examples of Great in our history. These include such things as: The 1% (Occupy movement) The 10,000 hour rule (Malcolm Gladwell) Kind of Blue Album (Miles Davis) Gutenburg Printing Press I Have A Dream speech (Martin Luther King) e=mc2 (Albert Einstein)

Talent without hard work is wasted. I know a lot of talented people who think that their talent alone should be enough. I don't think that was ever true. Like any Great author will tell you: there is no such thing as good writing, only good re-writing. Most Great songs start with an idea, but need a lot of work to become the final finished expression.

Getting to Great is never giving up and never settling. If you want to make a mark on this world, then you need to find that proverbial needle in a hay stack, that one nugget of truth that resonates with everyone. Many of us will work a lifetime just to get a glimpse of that...

#music #greatness #excellence #adagiomusic #bob d'eith #bobdeith

Test your knowledge of the new Copyright Act in Canada

Interested in testing your knowledge about the Copyright Act in Canada and some of the new changes?

Try these scenarios. Fair result? What do you think would be better?

CASE STUDIES

#1 Jimmy D. writes a new song just before going on stage at a café open mike. He plays the song live (he has not written lyrics, made a chart or recorded the song). Bill F. loves the song. He writes the song lyrics down and records the song on his iPhone. That night Bill F. records the song in his home studio and releases the recording on his website and posts it to iTunes for sale. Jimmy D. is not amused and sends Bill F. an email telling him that he has stolen his song and is infringing his copyright. Does Jimmy D. have the right to assert a copyright in the song?

Issue: when does a copyright actually come into existence?

Copyright Act does not protect ideas, concepts, or themes, but that it does protect the language and words used to express such ideas, concepts and themes. Copyright is granted through statute and not common law.

Copyright only exists once the musical work, sound recording or performance is in a fixed for e.g. sound recording, chart, manuscript. “Fixation” is a threshold consideration that must be used in copyright infringement cases by courts to determine if copyright actually exists. In Canada, a work “must be expressed to some extent at least in some material form, capable of identification and having a more or less permanent endurance” (Canadian Admiral Corp. v. Rediffusion Inc., [1954] 20 C.P.R. 75) to be subject to copyright protection. Fixation is not a statutory requirement in Canada and the use of this requirement is the subject of continued debate.

On the face of it Jimmy D. did not have his idea in a fixed form and therefore he had no copyright in the work. Is that a fair result for Jimmy D.? Why didn’t the Federal Government deal with Fixation in the latest round of Copyright Reform Bill C-11?

#2 Frank K. released as recording of a song that he wrote on a CD. The CD was purchased by a candidate for the Keep our Nation Pure Party. The candidate, to the horror of Frank K., decided to use the song in his campaign. What rights does Frank K. have?

Issue: moral rights to the integrity in the song and the sound recording.

14.1 (1) The author of a work has, subject

to section 28.2, the right to the integrity of the

work and, in connection with an act mentioned

in section 3, the right, where reasonable in the

circumstances, to be associated with the work

as its author by name or under a pseudonym

and the right to remain anonymous.

(2) Moral rights may not be assigned but

may be waived in whole or in part.

Frank can argue that his “moral right” to the integrity of his work has been infringed upon. If the candidate did not respond to a cease and desist letter, Frank would have to go to court and apply for an injunction to stop the candidate from damaging the integrity of his song.

#3 The band called the Raving Lunatics want to cover the song “Cry me an ocean” written in 1940 by two composers, one of whom died in 1955 and the other who died in 1961. Can the band use the song without getting a mechanical license and paying royalties?

Issue: when does a song become public domain?

6. The term for which copyright shall subsist

shall, except as otherwise expressly provided

by this Act, be the life of the author, the re-

mainder of the calendar year in which the au-

thor dies, and a period of fifty years following

the end of that calendar year.

9. (1) In the case of a work of joint author-

ship, except as provided in section 6.2, copy-

right shall subsist during the life of the author

who dies last, for the remainder of the calendar

year of that author’s death, and for a period of

fifty years following the end of that calendar

year, and references in this Act to the period af-

ter the expiration of any specified number of

years from the end of the calendar year of the

death of the author shall be construed as refer-

ences to the period after the expiration of the

like number of years from the end of the calen-

dar year of the death of the author who dies

last.

If you do the math, then this song is still not in the “Public Domain”. The Raving Lunatics could eiher apply for a mechanical license through the CMRRA or they could wait for a few years until the song came into the Public Domain.

#4 Tammy is an avid gamer. She loves to capture her favorite battle scenes and edit them to music. One day, Tammy edited her “best of WOW” screen captures to the Bare Naked Ladies song “If I had a Million Dollars”. She then posted the result for free for anyone to view to his Canadian based website: www.wowmashups.com. Can BNL make Tammy take down this mash-up?

Issue: operation of new “mash-up” provisions of Act

Non-commercial

user-generated

content

29.21 (1) It is not an infringement of copy-

right for an individual to use an existing work

or other subject-matter or copy of one, which

has been published or otherwise made available

to the public, in the creation of a new work or

other subject-matter in which copyright subsists

and for the individual — or, with the individu-

al’s authorization, a member of their household

— to use the new work or other subject-matter

or to authorize an intermediary to disseminate

it, if

(a) the use of, or the authorization to dis-

seminate, the new work or other subject-mat-

ter is done solely for non-commercial pur-

poses;

(b) the source — and, if given in the source,

the name of the author, performer, maker or

broadcaster — of the existing work or other

subject-matter or copy of it are mentioned, if

it is reasonable in the circumstances to do so;

believe that the existing work or other sub-

ject-matter or copy of it, as the case may be,

was not infringing copyright; and

(d) the use of, or the authorization to dis-

seminate, the new work or other subject-mat-

ter does not have a substantial adverse effect,

financial or otherwise, on the exploitation or

potential exploitation of the existing work or

other subject-matter — or copy of it — or on

an existing or potential market for it, includ-

ing that the new work or other subject-matter

is not a substitute for the existing one.

This is a new and very controversial provision. Again, on the face of it, Tammy is within her rights to post this video mash-up without infringing on the BNL’s copyrights. BNL would have to prove that Tammy some how caused “substantial adverse effect,financial or otherwise” with her post.

What about BNL’s moral rights?

#5 Weird Bob wants to make a living out of doing funny versions of songs. Bob decides to poke fun at the song “Freewill” by Rush. Weird Bob’s version “Freewilly” will be released in Canada shortly. Does Bob need any licensing or permission to release this track?

Issue: operation of new “parody and satire” exceptions in Act.

Fair Dealing. This is a statutory exception to copyright infringement. Fair Dealing has been applied to research, private study, criticism, reviews and news reporting. Bill C-11 introduced three new permissible purposes: education, parody and satire.

Fair Dealing

29. Fair dealing for the purpose of research,

private study, education, parody or satire does

not infringe copyright.

Fair Dealing is an exception to copyright. The question here is whether a commercial exploitation of a parody or satire based on an existing song is “fair dealing” under the courts. There is no clear answer at this point and I am assuming that there will be some litigation on this very issue. What do you think?

#6 QRVT FM Vancouver transferred all of its music playlist onto the station computers. After 25 days, the station wipes the entire drive and re-transfers all of its music to a new drive. This process is continued and repeated every 25 days. Does the station have to pay a “broadcast mechanical tariff”?

Issue: do new provisions in the Act allow radio stations to avoid payment of so-called “Ephemeral Rights” royalties?

Ephemeral Recordings

30.8 (1) It is not an infringement of copyright

for a programming undertaking to fix or

reproduce in accordance with this section a performer’s

performance or work, other than a cinematographic

work, that is performed live or a

sound recording that is performed at the same

time as the performer’s performance or work, if

the undertaking

( a) is authorized to communicate the performer’s

performance, work or sound recording

to the public by telecommunication;

( b) makes the fixation or the reproduction itself,

for its own broadcasts;

( c) does not synchronize the fixation or reproduction

with all or part of another recording,

performer’s performance or work; and

( d) does not cause the fixation or reproduction

to be used in an advertisement intended

to sell or promote, as the case may be, a

product, service, cause or institution.

(2) The programming undertaking must

record the dates of the making and destruction

of all fixations and reproductions and any other

prescribed information about the fixation or reproduction,

and keep the record current.

(3) The programming undertaking must

make the record referred to in subsection (2)

available to owners of copyright in the works,

sound recordings or performer’s performances,

or their representatives, within twenty-four

hours after receiving a request.

(4) The programming undertaking must destroy

the fixation or reproduction within thirty

days after making it, unless

( a) the copyright owner authorizes its retention;

or ( b) it is deposited in an archive, in accordance

with subsection (6).

(5) Where the copyright owner authorizes

the fixation or reproduction to be retained after

the thirty days, the programming undertaking

must pay any applicable royalty.

Ephemeral right bring about $23 million in revenues to the music indsutry in Canada. This is an example of a possible work-around to avoid having to pay any of these tarrifs. Do you think rdaio should have to pay a “broadcaster mechanical tariff” for putting their music onto their systems?

Any other copyright questions? Ask away!

#copyright #copyright act #mash-ups #ephemeral rights #music industry

A Career in Music: every hyperlink (you ever needed)

In my eBook A Career in Music: the other 12 step program, there are a lot of hyperlinks to resources and important associations. I just released a print version of the book through Amazon which is available now at https://www.createspace.com/4413274 . (eBook links are available at http://www.adagiomusic.ca/a-career-in-music/). Below are all of the hyperlinks in the eBook version of the book so that you can read the printed version with this companion link list:

INTRODUCTION

Music BC: http://www.musicbc.org

Peak Performance project: http://www.peakperformanceproject.com/

FACTOR: http://www.factor.ca/

CIMA: http://www.cimamusic.ca/

CCMIA: http://ccmia.ca/

BreakOut West: http://breakoutwest.ca/

CHAPTER 1

Youtube: http://www.youtube.com/

Twitter: https://twitter.com/

Facebook: http://facebook.com

Bandcamp: http://bandcamp.com/

VIMEO: https://vimeo.com/

Hide the Wife, Hide the Kids: http://www.youtube.com/watch?v=hMtZfW2z9dw&feature=youtu.be

Friday: http://www.youtube.com/watch?v=kfVsfOSbJY0&feature=youtu.be

Marc LaFrance: http://www.delinquentrecords.com/

Neighbouring Rights (link to appendices)

CHAPTER 2

Outliers: http://www.gladwell.com/

SOCAN: http://www.socan.ca/

SAC: http://www.songwriters.ca/

CCMIA: http://www.ccmia.ca/

Wide Mouth Mason: http://www.widemouthmason.com/

Songwriting Books:

http://murphyslawsofsongwriting.com/

http://www.amazon.com/How-Write-Hit-Song-5th/dp/1423441982/

http://www.amazon.com/Writing-Better-Lyrics-Pat-Pattison/dp/1582975779

http://www.amazon.com/exec/obidos/ASIN/063400638X

http://www.amazon.com/exec/obidos/ASIN/1582970858/

http://www.amazon.com/exec/obidos/ASIN/0306812657

http://www.amazon.com/exec/obidos/ASIN/0898791499

http://www.amazon.com/exec/obidos/ASIN/0823084221

http://www.amazon.com/exec/obidos/ASIN/0898795192/

CHAPTER 3

Mother Mother: http://mothermothersite.com/

Bill Buckingham: http://www.thepalacestudios.com/

CHAPTER 4

Metalwood: https://myspace.com/metalwoodjazz

Anna Netrebko: http://www.annanetrebko.com/

Said the Whale video: http://www.youtube.com/watch?v=SCRGlfKZNGw&feature=youtu.be

Dominique Fricot video: http://www.youtube.com/watch?v=a3bVwmOnLbk&feature=youtu.be

CHAPTER 5

Tom Jackson: http://tomjacksonproductions.com/

CHAPTER 6

High Tech, High Touch: http://www.naisbitt.com/

Music BC: http://www.musicbc.org/

Tourhub: http://tourhub.ca/

CCMIA: http://ccmia.ca/

COCA: http://www.coca.org/en/

SXSW: http://www.sxsw.com/

CMJ: http://www.cmj.com/

REEPERBAUHN: http://www.reeperbahnfestival.com/

FOLK ALLIANCE: http://www.folkalliance.org/

CMW: http://cmw.net/

BIG SOUND: http://www.qmusic.com.au/bigsound

BREAKOUT WEST: http://breakoutwest.ca/

ECMA: http://www.ecma.com/

M FOR MONTREAL: http://www.mformontreal.com/

THE GREAT ESCAPE: http://mamacolive.com/thegreatescape/

BREAKOUT WEST/WCMA: http://breakoutwest.ca/

PACIFIC CONTACT: http://bctouring.org/pacific-contact

CMJ: http://www.cmj.com/

THE FELDMAN AGENCY: http://www.feldman-agency.com/

THE AGENCY GROUP: http://www.theagencygroup.com

PAQUIN ENTERTAINMENT: http://www.paquinentertainment.com/

CHAPTER 7

YOUTUBE: http://www.youtube.com/

MAILCHIMP: http://mailchimp.com/

FLICKR: http://www.flickr.com/

TWITTER: https://twitter.com/

FACEBOOK: www.facebook.com

LINKEDIN: http://www.linkedin.com/

SOUNDCLOUD: https://soundcloud.com/

BANDCAMP: http://bandcamp.com/

TUMBLR: http://www.tumblr.com

MOTHER MOTHER BLOG: http://mothermothersite.com/blog

THE LEFSETZ LETTER: http://www.lefsetz.com/

PAYPAL: https://www.paypal.com

BRIAN THOMPSON: http://www.thornybleeder.com/

GOLDEN EAGLE SNATCHES KID: http://www.youtube.com/watch?v=CE0Q904gtMI&feature=youtu.be

CIGARETTE VIDEO: http://www.youtube.com/watch?v=xGn0q1zoibw&feature=youtu.be

GOOGLE ADSENSE:

http://www.google.com/adsense/start/#utm_source=ww-en-et-storefront_adsense&utm_campaign=en&utm_medium=et&subid=ww-en-et-storefront_adsense

GANGNAM STYLE: http://www.youtube.com/watch?v=9bZkp7q19f0

HOOTSUITE: https://hootsuite.com/

MAILCHIMP: http://mailchimp.com/

DROPBOX: https://www.dropbox.com/

BOX: https://www.box.com/

DAMN YOU AUTOCORRECT: http://www.damnyouautocorrect.com/

ERIK QUALMAN: http://www.socialnomics.net/

CHAPTER 8

GRANT LAWRENCE: http://grantlawrence.ca/

MAKING FRIENDS WITH THE MEDIA: http://www.grantlawrence.com/speaking

SIGUR ROS VIDEO: http://www.youtube.com/watch?v=OIMGPlH4XPo&feature=youtu.be

DMDS: http://v5.dmds.com/DMDS.WebApp.Public/DefaultFrame.aspx

RDR MUSIC GROUP: http://www.rdrmusic.ca/

BDS REGISTRATION: http://nielsen.com/content/dam/nielsen/en_ca/documents/pdf/fact_sheets/BDS%20How%20to%20Submit%20Music.pdf

TANDEM TRACKS: https://www.facebook.com/tandemtracks

FRONTSIDE: http://www.frontsidegroup.com/

CBC 1: http://www.cbc.ca/programguide/daily/today/cbc_radio_one

CBC 2: http://music.cbc.ca/#/radio2/

CBC 3: http://music.cbc.ca/#/radio3/

PUBLICISTS:

http://killbeatmusic.com/

http://fritzmedia.ca/

http://strutentertainment.com/

http://www.hypemusiconline.com/

http://www.modmaypromotions.com/

CHAPTER 9

CCMIA: http://www.ccmia.ca/

CIMA: http://www.cimamusic.ca/

MUSIC ONTARIO: http://www.cimamusic.ca/

TOURHUB: http://tourhub.ca/

BREAKOUT WEST AND WCMAS: http://breakoutwest.ca/

BAND AGREEMENTS LINK TO APPENDICES

FACTOR: http://www.factor.ca/

RADIO STARMAKER: https://www.starmaker.ca/

CCMIA: http://www.ccmia.ca/

CANADA COUNCIL: http://www.canadacouncil.ca/

PEAK PERFORMANCE PROJECT: http://www.canadacouncil.ca/

PPP BANDS:

http://www.wearethecity.ca/

http://saidthewhale.com/

http://kyprios.com/

http://currentswell.com/

http://theboombooms.com/

http://www.thematineemusic.com/

http://www.jordanklassen.com/

http://dominiquefricot.com/

http://bendsinisterband.com/

http://dearrouge.com/

INDIEGOGO: http://www.indiegogo.com/

KICKSTARTER: http://www.kickstarter.com/

CHAPTER 10:

HILARY GRIST: http://www.kickstarter.com/

GIL BRUVEL: http://www.bruvel.com/

MYTHOS: http://www.adagiomusic.ca/mythos/

Marketing Plan, Business Plan and Release checklist are located in appendices

CHAPTER 11

SOCAN: http://www.socan.ca/

CMRRA: http://www.cmrra.ca/

HARRY FOX AGENCY: http://www.harryfox.com/

Songwriting Revenues are further articulated in the appendices

AVLA: http://www.avla.ca/

ACTRA: http://www.actra.ca/racs/

MROC: http://musiciansrights.ca/

Sound recording revenues are further articulated in the appendices

SOUND EXCHANGE: http://www.soundexchange.com/

Trademark revenues are further articulated in the appendices

CHAPTER 12

HUEY LEWIS: http://hueylewisandthenews.com/

DAN MANGAN: http://www.danmanganmusic.com/

APPENDICES

RELEASE CHECKLIST

TUNECORE: http://www.tunecore.com/

CDBABY: http://www.cdbaby.com/

SOCAN: http://www.socan.ca/

LIBRARY OF CONGRESS: http://www.copyright.gov/

CANADIAN COPYRIGHT OFFICE: http://www.cb-cda.gc.ca/ -

MUSIC CANADA: http://www.musiccanada.com/

AVLA: http://www.avla.ca/

ACTRA RACS: http://www.actra.ca/racs/

MROC: http://musiciansrights.ca/

SOUND EXCHANGE: http://www.soundexchange.com/

CMRRA: http://www.cmrra.ca/Mechanical_Licensing/mechanical_licensing.html

GOOGLE ADSENSE: http://www.google.com/adsense/start/#utm_source=ww-en-et-storefront_adsense&utm_campaign=en&utm_medium=et&subid=ww-en-et-storefront_adsense

SOUNDSCAN VENUE SALES: http://nielsen.com/content/dam/nielsen/en_ca/documents/pdf/fact_sheets/Venue%20Sales%20Canada.pdf

SOUNDSCAN REGISTRATION: http://titlereg.soundscan.com/soundscantitlereg/

WIPO: http://www.wipo.int/copyright/en/treaties.htm

USA DIGITAL COPYRIGHT: http://www.copyright.gov/legislation/dmca.pdf

REVENUES FLOWING FROM COPYRIGHT

SOCAN: http://www.socan.ca/

CMRRA: http://www.cmrra.ca/

HARRY FOX AGENCY: http://www.harryfox.com/

Canadian Copyright registration: http://www.cipo.ic.gc.ca/eic/site/cipointernet-internetopic.nsf/eng/h_wr00003.html?OpenDocument

AVLA: http://www.avla.ca/

ACTRA: http://www.actra.ca/racs/

MROC: http://musiciansrights.ca/

ARTS AND CRAFTS: http://www.arts-crafts.ca/

SOUNDSCAN REGISTRATION: http://titlereg.soundscan.com/soundscantitlereg/

MUSIC CANADA: http://www.musiccanada.com/

SPOTIFY: https://www.spotify.com

DROPBOX: https://www.dropbox.com/

BOX: https://www.box.com/

RE:SOUND: http://www.resound.ca/

SOUND EXCHANGE: http://www.soundexchange.com/

EIN: http://www.irs.gov/Businesses/Small-Businesses-&-Self-Employed/Apply-for-an-Employer-Identification-Number-(EIN)-Online

W8BEN: http://www.irs.gov/pub/irs-pdf/fw8ben.pdf

ISRC MUSIC CANADA: http://www.musiccanada.com/

MARKETING PLANS

High Tech, High Touch: http://www.naisbitt.com/

FACTOR: http://www.factor.ca/

102.7 THE PEAK: http://www.thepeak.fm/

CDBABY: http://www.cdbaby.com/

TUNECORE: http://www.tunecore.com/

THE ORCHARD: http://www.theorchard.com/

CONTACT AND BOOKING

Bob D’Eith is available to present seminars, lectures or panels based on the contents of this book. For booking information, please contact [email protected].

More information on Bob’s various roles in the music industry can be found at www.bcmusiclaw.com, www.adagiomusic.ca. www.mythosmusic.com, and www.musicbc.org

(Blog) http://acareerinmusic.tumblr.com/

(Twitter) https://twitter.com/bobdeith

(Facebook) https://www.facebook.com/bob.deith

Articles on A Career in Music

It was a banner week for the eBook. I received really great reviews in the Vancouver Province and the Georgia Straight. If you are interested in checking them out have a look at :

Article in The Province: http://www.theprovince.com/columnists/Eith+right+home+music+career/8639149/story.html

Article in the Georgia Straight: http://www.straight.com/music/399056/bob-deith-offers-industry-wisdom-career-music-other-12-step-program

Blog by Alan Cross http://www.alancross.ca/a-journal-of-musical-things/2013/5/26/another-must-read-for-artists-serious-about-the-music-biz.html

Canadian Musician Radio interview about the eBook: http://www.blogtalkradio.com/canadianmusician/2013/05/23/cm-radio–may-22-2013

Unfortunately, the book is not available in a print version, but it can be read on most PCs and MACs, tablets and smart phones. The real benefit of the eBook version is the resource links.

BUY iBook link: https://itunes.apple.com/us/book/a-career-in-music/id644372475?ls=1

BUY Kindle link: http://www.amazon.com/dp/B00CLZL43O/ref=r_soa_w_d

BUY Kobo Link: http://www.kobobooks.com/search/search.html?q=a+career+in+music

bobdeith

Picture: Peak Year 4 Canada Day Surrey BC

Saturday July 13, 2013 will be the first time that the 102.7 The Peak Performance Project 2013 Top 20 artists get together. As part of the Khatsahlano! Music and Art Festival http://khatsahlano.com/ the Top 20 will perform back to back sets on...

Winners of free eBook

Thanks for following the blog! Congrats.

Tumblr follower winners of A Career in Music: the other 12 step program are:

Kitchenink

sympatheticresonance

Brettwildeman

Ruxspizzle

wordsonmusik

Thanks for following. Please send an email to [email protected] or message me on facebook "Bob D'Eith" and I will send the iTunes codes.

For more info on the eBook:

http://www.adagiomusic.ca/a-career-in-music/

Is your music actually for sale online?

Just because The Orchard, Tunecore or CDBaby say that they have serviced all of the online retailers around the world does not necessarily mean that those retailers are actually posting or selling your music. It is important for you to follow up with the stores that should have your music and make sure that your tracks are listed properly.

The first thing is to request a list of retailers from your aggregator. When you get your list, sort it by company as opposed to by country. This allows you to get an idea of the services from each retailer. Then google one of them after another and search for your releases. You may find that everything is in place, but more than likely you will find significant gaps in the servicing of your music.

If your music is not on the service, then start by telling the service about yourself and your aggregator and ask to be added. If that fails, then go back to your aggregator and find out why there is no servicing. I all else fails, you may have to simply service the music directly (which defeated the purpose of having an aggregator and probably puts you off-side with your online distribution agreement)

If your music is on the service, then make sure that it is in the proper category, genre and that your content is properly displayed. If you are happy with that, then have a look to see if there is a way to share the sales link through your social media. It is a great way to target countries through Facebook advertising if you are actually for sale in the most used services in that country. iTunes is number one in North America, but other countries access their music in different ways.

As with everything in the music business, follow-up is essential. Don't assume that your music is universally available just because you hit the button to send to the world through your aggregator.

Purchase Bob's new eBook A Career in Music: the other 12 step program at:

http://www.adagiomusic.ca/a-career-in-music/

“If you’re hoping to make a career out of music, this book could be the difference between getting it right and flaming out.” (Alan Cross broadcaster and music historian)

#music industry #musicians #canadian music

Fans are an amazing resource

I am really enjoying having both a book and a new album to promote. I get to be my own guinea pig, trying out new ideas to get the word out online. As we explore in the book, social media is about creating a dialogue and engaging your fans in a way that invites them to participate in your project. There are many ways to do this, but I wanted to look at one idea that really helped me this week. Asking fans for advice.

Last week, I set up two little Facebook contests. One for my book and one for my album.

For every Mythos album ever released (9 in total), I asked for the best online marketing idea for the album. For the book, I offered a free copy for the best online marketing idea for the book. The only rule for both was: no cost.

I was inundated with wonderful suggestions. It really engaged the fans and allowed them to be creative with me. It was fully engaging as some of the suggestions led to further discussions on the ideas.

As far as the album, the best idea was to enhance the online radio experience on Last.fm (Mythos’ #1 listening source online) by (a) updating the bio sections, (b) posting “shouts” on similar artist pages and (c) making sure that the older tracks also had a post about the new album. It was time consuming to implement, but the response was immediate.

The best book idea was to send a free promo copy to the heads of music business schools across Canada with the idea for them to use it as a text for their Canadian music business courses. This seems obvious when it is said, but I had been so focused on traditional marketing through press and online, I did not think about the obvious. Again, the response to this was immediate and I already have some schools looking at the book for their classes.

Moral of the story: your fans are allies and love you. Don’t take advantage of them, but certainly engage them in your journey. For the most part, they are ready, willing and very able to help.

http://www.adagiomusic.ca/a-career-in-music/

http://www.mythosmusic.com

Don't quit your day job?

Should I quit my day job?

This is a difficult question. A lot of industry people feel that in order to truly make it, an artist has to focus 100% of their time and energy on their music and their career. A day job is a distraction, they say.

The reality is that “day jobs” are often required to simply pay the rent and eat. Also, with less money in the business, the advances for deals are often small or nonexistent leaving artists with the unenviable position of having to deliver albums and tour and still survive.

One of the proudest moments in any band or artist’s career is when they can say that they are making 100% of their living from music. The artists who I know who have reached that goal feel that is one of their biggest accomplishments. I agree with that entirely. While I do not make all of my living directly from the creation of music, I do make my entire career working in music. I see that as a personal accomplishment in my life.

So, what is the plan in today’s volatile music world? Some ideas:

1. Try and have a flexible job that allows you to tour and come right back to some kind of work.

2. You could try and find a position that complements your music career and also helps you to learn. I know a number of artists who have worked for music companies in promotion and marketing. In this way, you have some rent money and are learning how to promote yourself.

3. Make your “day job” living playing covers. The band Odds did this for years when they had their Dawn Patrol house gig at the Roxy. The cover band paid for the original band.

At some point, you will have to quit your day job and take that risk. That is a scarey, but also exhilarating moment. But to get there, you need to have a solid track record and a plan to move forward.

I want to help you to get to that goal. For the cost of two lattes you can acquire some great tools in order to achieve that awesome milestone:

http://www.adagiomusic.ca/a-career-in-music/

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