Category Archives: Musician Resources

Posts that are beneficial to any musician’s career, with how-to’s and website reviews.

Aug 09 2011

How to Avoid Sampling Disasters: A Step-by-Step Guide to Clearing Samples

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All that is missing from your next hit song is the guitar lick from your favorite Led Zeppelin hook. If you only use up to 8 measures, you don’t need permission, right? What if it’s slowed down and remixed, making the hook barely identifiable- what’s the point of authorization? You’re still a low-key artist waiting for your big break; Jimmy Page will never know. Unfortunately, these music industry myths can dampen your career before it even picks up with legal battles and stiff monetary damages. Save yourself the headache by learning how to obtain permission for samples.

“Sampling” refers to taking a pre-existing recording or musical composition and using it within a new musical piece. Unless you have received permission to use that piece of music, known as “clearing” the sample, you infringe on the copyright owner’s exclusive right to approve/refuse the creation of derivative works.

The two most common forms of sampling are using a piece of a master recording, or re-recording your own version of a piece of the musical composition. What’s the difference?

When sampling a master recording, you must obtain permission from both the record label and publisher(s) with a copyright interest in the song. Why? There are actually two copyrights in music: one for the sound recording (typically owned by the record label), and one for the underlying musical composition (the actual song itself), owned by the publisher(s).

Think of a chef and his world-famous chili con carne: he serves you a bowl for dinner, much like an artist sells a sound recording. Without the recipe for his dish, however, the chef would have no chili. An artist’s song is the recipe for a sound recording; without that underlying composition, there would be nothing to record. Each is its own creation with individual copyright protection, and you must obtain permission to use both.

Maybe instead of going out to eat, you decide to use the chef’s recipe and make your own, smaller serving of chili con carne at home. This is like sampling the musical composition; you re-record a piece of the song to make your own version. For this type of sample, permission is only needed from the publisher, since the original sound recording is not used.

(Don’t confuse sampling a musical composition with doing a cover version of the entire song. Sampling the composition means recording only a portion of the music, then using that sample in another, different song. It’s like taking your small serving of chili and putting it on a hot dog- it’s a new meal, but the chili dog still contains a portion of the original recipe.)

The following is a step-by-step guide to clearing samples, as suggested by entertainment lawyers and music industry professionals. This list provides basic information for clearances, and circumstances may vary. (more…)

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Feb 15 2011

Cash for Covers Pt. 1: Three Easy Ways to Make Money from Releasing Cover Songs on Digital Music Stores

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US $100,000 Dollar Bill

There are several ways to make money from cover songs. Limelight helps clear the mechanical rights to get started.

It’s no secret Justin Bieber’s ascension to pop superstardom started with a cover song (a version of Ne-Yo’s “So Sick”).  Could he have achieved an “underdog to celebrity” rise without one?  Maybe, but Bieber performed a new spin on a decades-old formula readily available to any recording artist looking to acquire new fans and make additional money from their recordings.

Cover songs (a.k.a. “remakes”) provide an easy path to building audiences.  Releasing one is similar to getting introduced to a new person by way of mutual friend (the song) rather than through a chance encounter (an original tune found on a Bandcamp / MySpace page).  A positive introduction is more likely when there is immediate common ground.

Cover songs also provide a unique way of tapping into alternate revenue streams for only modest expense (i.e. money spent securing the required mechanical license and paying royalties via Limelight, time spent learning the song, etc.).  So why is this an effective way of promoting your music?  Let’s explore…

Recording Cover Songs to Meet Demand for Incomplete Catalogue
Digital music services offer instant access for consumers to a 24-hour music warehouse that never runs out of stock.  The downside?  Two words: incomplete catalogue.  Not every track you have (or want) in your vinyl or CD collection is available to buy in digital format for any number of reasons (including licensing issues, artist reluctance, wrong brand of dijon mustard at deal signing, etc.).

Just as one person gathers what another spills – “incomplete catalogue” represents a simply supply and demand market opportunity for savvy artists and labels.  If an artist’s music isn’t available via an online store, other recording artists can take advantage by recording and releasing their own cover versions to meet market demand.

For example, if you search for Kid Rock’s music on iTunes (one of several mainstream artist catalogues that aren’t available), you’ll notice an early 1990 release, a live recording of “Bawitdaba” from Woodstock ’99, and surprise, surprise, several tribute records.  Why? iTunes search focuses on track popularity related to song title, artist name, album name and a variety of keywords.  Since the majority of Kid Rock’s catalogue is unavailable, the closest matches are tribute recordings and cover versions of his repertoire. In fact, two separate cover recordings of Kid Rock’s “All Summer Long” charted on the Billboard Top 100 in 2008 (The Hit Masters, The Rock Heroes) based primarily off digital sales alone.  The same principle applies for AC/DC, Garth Brooks, and a several other marquee artists whose catalogues have not seen digital release.

Recording Cover Songs to Compete with Album Only Tracks
From a consumer viewpoint, a digital release’s major advantage over its physical counterpart is the ability to purchase individual tracks without spending money on unwanted tracks.  While the majority of online releases allow for a la carte downloading, many online retailers give record labels the option to carve out certain releases as “album-only” — the motivation being to increase full-album sales at the expense of individual song downloads (though sometimes done for rights clearance purposes).  Needless to say, “album-only” tracks deny consumers the opportunity to download individual tracks without purchasing the entire record.

Once again, obstacles presented by some labels represent a chance for entrepreneurial-minded artists and labels in releasing cover versions.  Since digital versions of television and movie soundtracks (such as Twilight and The Hangover) are routinely offered out as “Album Only”, recording cover versions of those songs in particular can present another opportunity in capitalizing on simple supply and demand.  If titled via an easy search terms comparable to the soundtrack, the cover versions will appear in search results alongside the original soundtrack.

Selling Cover Songs (and Originals) By Association
Physical retailers are limited – staff on hand, hours in a day, and especially by the product real estate available to them.  While Best Buy, Wal-Mart, and other brick-and-mortar shops can only shelve music via singular genre / artist name fashion, digital music stores offer sophisticated search mechanisms, including track title, album name, release year, and even lyric focus.

While many artists may already be familiar with the term “search engine optimization” for purposes of their websites, less have extended that thinking to online music stores.  In the digital age, cover songs provide simple, effective music search engine optimization (especially for covering artists who don’t currently appear on iTunes, Amazon, Rhapsody, etc.).  The sophisticated search mechanisms afforded by online stores over their brick-and-mortar counterparts grant artists an easy tool to sell more music.

In instances where an artist’s repertoire (such as Journey, Beyonce, Katy Perry) is available via digital music stores, cover songs can benefit by way of song title searches.  While common song titles are unlikely to provide any benefit in enhancing search results, cover versions of songs with distinct titles can eclipse the original recordings in search results.  For example searching for “99 Problems” (Jay-Z) on iTunes actually results in a unique cover rendition by the artist Hugo ahead of the original.  Users who listen to and enjoy Hugo’s cover version are also likely to check out Hugo’s additional repertoire (including originals).

Next Step: Clear the Rights and Sell!
Before recording and releasing cover songs, you’ll need to secure a mechanical license (also known as a DPD license for digital downloads distributed via iTunes, eMusic, Amazon, etc.), which provides permission to legally record and distribute the song.  For artists looking to record video versions of their cover songs for purposes of YouTube, Vimeo, and other user-generated content sites, a separate synchronization license is required.

Several entities exist to help artists and labels clear mechanical licenses and ensure songwriters get paid, including Limelight — a simple, one-stop shop to clear any cover song and secure mechanical licenses for digital downloads, interactive streaming, ringtones, and physical albums.  Artists, bands and other musical groups can clear any cover song and ensure 100% of royalties are paid to the appropriate publishers and songwriters via Limelight.

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