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SONG SHARKS AND MUSIC PIRATES
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by DJ Carli - © 1996, revised 2002
reformatted for the new website design 11/18/2007
In every business there are dishonest types who try
to unfairly exploit others for their own personal greed, and
unfortunately, the world of music and entertainment has more than it's
fair share of them. My tutorial here will tell you what to watch
out for.
THE SONG SHARK
One type of crook that aspiring writers,
producers, and artists need to watch out for is "The Song Shark". Song
Sharks take advantage of new writers who do not understand standard
industry practices or ethics. Song Sharks will take anything regardless
of quality and since they are paid in advance, have no vested interest
in helping you or anyone else secure a publishing or recording contract.
Here is an excerpt from a recent letter of
solicitation with questionable intentions (company name has been
omitted).
| "Unnamed Record
Company is looking for new and original songs and lyrics. We are
interested in locating songs in the mainstream styles of Country, Rock,
Pop, R&B, Ballads, and Gospel. Select three or four songs and put them
on one cassette. Include lyric sheets for every song and an SASE if you
want your material back. Rest assured that your material will be
perfectly safe. You will receive our decision promptly within ten
working days. If Unnamed Record Company decides to sign a Commercial
Recording Contract with you, we will send your recordings to radio
stations and record stores, and you will be paid a ROYALTY for each
record sold." |
If an A&R representative or
producer says "you will be paid a ROYALTY for each record sold", that is
a tip-off that something is not on the up and up. Any seasoned
music business pro already knows about royalties. Also, the line about
"your material will be perfectly safe" speaks volumes about the honesty
and intentions of the solicitor. The only way to insure bulletproof
security of one's material is to file a claim of authorship with the Copyright Office
and every experienced pro knows this.
Never sell your songs
outright. Although it's legal, no reputable publisher or music
business professional would make such an offer. Also, never pay someone
to publish your work. Publishers pay you. Before you sign any contract
with anyone, be sure to read everything carefully. It is well worth
hiring a lawyer experienced with entertainment and copyrights to review
all contracts and explain everything to you.
MUSIC PIRATES
In addition to the Song Shark, there is another
dishonest type that sails the high seas of the music business - The
Music Pirate.
Piracy is the act of making counterfeit copies of
legitimate music recordings, videos, and computer software and then
selling and or distributing them as "the real thing" (this includes
unauthorized P2P internet downloads). Legally, record piracy is in
many ways similar to making counterfeit money, and is a felony offense
punishable by imprisonment in North America and many parts of the world.
Pirates steal everybody's music, including that of the major labels.
The RIAA estimates that between 20% to 50% of gross music revenues are
lost to piracy, and the problem is so rampant overseas that the RIAA has
an international task force working on the issue.
The Mechanical Copyright Protection Society MCPS of the UK also includes unauthorized
"Bootleg" recordings of concerts, unlicensed distributions of legitamate
pressings, and overpressing of client's product in their defination of
Piracy. |
The best way to prevent a
pirate or song shark from stealing your music is to do your homework
ahead of time. Contact prospective labels, producers, and music
publishers ahead of time and ask them about their submission policies.
Find out how long the company has been in business, and don't be afraid
to ask them for business references. If you are sending to a label that
has a large catalog and wide distribution, you should be safe. No
reputable record label, producer, or publishing company will engage in
illegal activity; the last thing anyone wants is a lawsuit and a trashed
reputation. REMEMBER: Always register your work with the copyright
office before sending it anywhere.
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