Anonymous asked: how do you get a good music manager
You have to find someone that sees, understands and believes in both your music and vision. Obviously they need to understand the music business or at least be willing to learn (real quick, if that’s even possible)
Be Your Own Master
“Own boss, own your masters, slaves / The mentality I carry with me to this very day / Fuck rich, let’s get wealthy, who else gon feed we?” - Jay-Z (No Hook, American Gangster)
The more I engage with artists the more I realize how ill informed artists are on issues of rights so I thought I will help shed some light on various rights. On this post I will solely focus on master rights, I tackle other rights in future posts.
Song and album masters are considered intellectual property and their ownership thereof can be acquired by creating it, purchasing it or by inheritance.
On this post I will share information with you by quoting a few readily available sources of the info you can get on the web.
I am not a lawyer, and as such I am not allowed to give you legal advice. My goal with this article is simply to give you the best and most current information I can gather, in a form that makes sense.
Remember: Contracts are binding and you need to know this stuff before signing your master rights away!
Who owns the masters?
Here is a scenario:
You and your friend who has just built their own home studio decide to record a song; no “deals” are made, no verbal agreements, just a mutual enjoyment of music and some friendly songwriting. After the song demo is recorded, your friend plays it to his Dad, who gives it to a friend at Record Co. X. Next thing you know your friend is signed and the song is a hit.
Sounds crazy right? Well it happens, maybe not often but it happens!
So who gets paid and what?
Well it all goes back to your original investment of time and equipment. Since no money was exchanged between the artist and the equipment owner, the ownership of the master goes solely to the equipment owner.
Why?
To fully understand and comprehend we will need to look at the definition of ‘master’
Wikipedia states:
The phrase “original master recording” began in the period of acoustical audio recording - one “cuts” a recording because the sound is literally cut into the record. The resulting record was then used as the “master”, or original prototype from which further vinyl or acetate copies could be pressed. There is only one original master recording, and that’s the recording made at the time of the original recorded performance, but the term “master” is commonly used to describe almost anything used as a source.
A multi-track [recording] may be remixed many times, in different ways, on different days, by different engineers, giving the possibility of several masters (AM radio version, mono version, LP stereo version, single version, guitarist’s personal version with lead solos emphasized, etc). Any of these would have the designation “first generation”, but not necessarily “master”, which means there could be many alternate mixes.
Each of these alternate mixes could then be released, and each would be considered a “master” to which ownership can be declared. Masters can only be used, if a “Master use right” is obtained.
What are Master Use Rights?
Master use rights are required for previously recorded material that you do not own or control. Master use rights can only be obtained from the owner of the master recording.
Who owns the master recording and how is it determined?
Wikipedia:
Ownership of the master:
Song masters and album masters are considered intellectual property. As with physical property, ownership is acquired by purchasing it, creating it or inheriting it. In this sense, the intellectual property concept applies similarly in the purchase of a house, a car or any other property. The ownership to the master will however not necessarily correspond with the title to the copyright in the audio work. Thus, the sale of a master tape will in most jurisdictions not necessarily imply the transfer of copyright to the songs recorded.
Before a song or album master is released, the value of the master is determined by the cost to produce it. After release, the value of the master is determined by its potential to sell CDs. The master and all rights associated with it may be sold for several times the production cost or “recoup-able cost”.
Here’s the first question you need to ask, “What was agreed upon before the session?” In the case that nothing was agreed upon, the title lies with the executive producer or financier. He who pays the studio time, owns the product. If the artist being recorded did not offer monetary compensation in exchange for the services of your studio, then the time was financed by the studio owner. Cost to the studio can be derived from several sources, such as wages to employees, cost of materials, cost of equipment, utilities cost, consumption of perishables etc.
In the event that an agreement was made as to monetary compensation for services, a work for hire contract should be used.
In the event that no verbal, written, or expressed contract was made, nor payment received for services rendered, the ownership of the “Masters” stays with the financier, or studio owner.
Wikipedia:
Masters with respect to independent music and major label recording contracts:
In a typical independent artist/production deal, the artist will pay the studio up front to produce songs or an album of songs. In this deal, the artist, having financed the project, owns the master. If the studio, production company or record company finances the master, sometimes called a “spec” deal, then that studio or company owns the master.
An independent artist may also do a distribution deal where the independently produced master is temporarily licensed to a major label, and then returned to the original owner; the artist, manager, producer or investor as the case may be.
Sale of the master vs. sale of albums
A recording may generate revenue for the artist and studio/record company simultaneously, regardless of who owns the master. The breakdown of revenues from CD sales, also called “mechanical royalties”, is determined by the terms of the recording contract. Mechanical royalties are divided between the artist and the studio or record company in accordance with the terms that the artist has negotiated with that company.
Sale of the master refers to a buyout of the intellectual property, usually by a major label. If an independent record becomes very popular, a label could consider buying the master. In this instance, the buyout price will usually be several times the raw cost (recoupable cost) of producing the recording. It is rare that an artist will purchase the master recording after its release. This may be possible under the terms of an independent release, but major labels do not normally sell their masters,
By signing contracts you do not understand, and by not understanding the current laws and standards of the music industry, you expose yourselves to financial danger easily avoided with knowledge of our rights.
When Ray Charles historically demanded to own his own masters, it was a milestone for artists. Without the knowledge as to why he should own his own masters, he would have never truly gained control of his financial future.
If you found this please share it with others, after sharing is caring ;-)
Shout out to C. Rosekrans for schooling me on this subject.
Hit me up:
Email: Thabiso.Khati@gmail.com
Twitter: @HipHopScholar
Twitter: @360Street
Till the next one
#YOURMONEYTEAM
To succeed in the music business as an artist you must first understand and acknowledge that you are a business, an enterprise and like any other enterprise you will need to put together a team that can run and manage your business affairs.
In the New Music Economy artists need to think different in order to maximize their opportunities and increase their revenue streams, this means you need a team of experts around you that will help you make the most out of your talent and career. No two artists are the same and therefore no two artists should have the same exact team structure, I will get to this in a future article.
For now I will look at the key people you need to have in your team if you want to WIN!
Personal Manager:
The personal manager should be the first person you hire in your team, they are the CEO of your enterprise. They will provide a strategy to help you materialize your vision, negotiate on your behalf, guide you, protect you and help you make all the difficult decisions.
A personal manager should be someone with smarts, they must be passionate about your career, they must clearly understand your vision and have a plan to bring it to life, and they must have an extensive network base and lastly they must be willing to go to the trenches with you.
Once you have appointed a personal manager it will be their job to find the rest of the team.
Lawyer:
“Copping chains is cool but what’s more important is lawyer fees” – Jay-Z (Never Change, Blueprint)
This is really self explanatory, a lawyer will help you understanding all those difficult law terms they usually throw in a contract to confuse the likes of you and I. If you are going to make any sort of money in this business then you are definitely going to have to sign a few contracts.
You don’t need to put the lawyer on a retainer unless you are one of those people that prefer to live on the other side of the law.
Brand Strategist:
“But if you listen real close, you can hear them whisper their legacy to you. Go on, lean in. Listen, you hear it? - - Carpe - - hear it? - - Carpe, carpe diem, seize the day boys, make your lives extraordinary.” – Robin Williams (as John Keating in Dead Poets Society)
Before you can leverage your brand equity you will need to brand yourself first, this is instrumental in today’s music industry climate.
There are 3 main reasons why people don’t buy your music:
- They do not like you
- They cannot find you
- They do not know you exist
Notice that none of the reasons above say: they have no money.
If you are an artist and you are struggling to sell your music you may want to really look at some of these reasons above and see if any apply to you.
What if they do not like me?
This is actually the worst reason (it takes courage to admit it), but it can be solved. The fact that your current target audience does not like you is not the end of the world and it does not mean that you have to change who you are completely to get love. But like most relationships in life, you have 2 options:
- Go out and find the people who do like you for you
- Change yourself (re-brand) so that they can identify with you and your work.
Why brand yourself?
Whether or not you go look for a new market, you should still brand yourself. Why should any artist be interested in questions about branding and marketing? It is a fallacy to believe that a brand is something that only Coca Cola and Pepsi should worry about. As an artist you are your own brand. Whether or not you know it or acknowledge it, you are already a brand.
Every brand has a story and you have a choice – let someone write your story for you (because they will eventually) or write your own story. Be sure to tie the story of your brand to your values and ethics.
Business Development Manager:
In the New Music Economy, corporate cheques for artist are way bigger than the royalty cheques and over and above just the money; being associated with a big corporate brand will add more equity to your brand and open new opportunities.
To get the corporate deals, you need someone in your team that will go out and create these opportunities.
Someone needs to create those amazing business opportunities for you.
Publicist:
You need PR!
We have all heard how the media can make or break you. A good publicist help make the media MAKE YOU!!
Let’s take Kim Kardashian for example, without the PR machinery working for her she would have just been another pretty face with a big round behind. She is a classic example of how media can make you, she has no obvious talent - at least not in the conventional definition of ‘talent’ but she has been able to build a mini fortune for herself and a brand that many young girls around the world follow religiously. According to the website www.therichest.org Kim Kadarshian is worth a whooping $38 million.
Business Manager:
This is the financial person; their primary is to help guide you in your financial decisions. If it was not for 50 Cent’s business manager he would have never invested in Glacéau Vitamin Water, a deal that earned $100 million from after taxes when Coca Cola bought the company.
When you start out your personal manager will generally fill most of these roles and that’s OK but as soon as you start making some level of money, it will be best that you hire people that specialize in these roles.
Remember sharing is caring; spread this article to as many of your friends as possible.
Hit me up:
Email: Thabiso.Khati@gmail.com
Twitter: @HipHopScholar
Twitter: @360Street
Till the next one
CHOOSING AN ARTIST MANAGER
SO YOU HAVE CREATED SOME BUZZ AND YOU ARE NOW READY TO GO PROFESSIONAL.
Once you are ready to take your business professional (that means making money from your music), the first thing you need to do is to assemble a team around you that will help you realize your goal and vision.
Your personal manager is the central figure of the team; they are the CEO of your enterprise.
In this article I will guide on key steps to look at when appointing a manager.
Does your manager have other clients? And if so, how many and in what genre?
Why is this important?
If your manager has more than one artist in their roster, then time - availability may become an issue. While on the up-side, managers with multiple clients usually tend to deal with more industry players, meaning they have a broader network which could help you, it also means you could not be a priority. Also, knowing what genre of music your managers’ clients are involved in.
Why?
If you’re a Hip Hop artist and so are all your managers clients, conflict of interest may occur.
Does your manager understand your short & long term goals?
This is the most important quality of a manager. Understanding you as a client, your manager must bring something to the table. They must help you achieve your goals as an artist in the music business. They must bring experience, creativity and hunger to succeed. Money should be a consideration but not the deal maker/breaker.
What kind of reputation does the potential manager have?
If the reputation is anything else but dedicated, loyal, brutally honest then he / or she may not be for you. (No Yes-Men)
Once you have appointed your personal manager let the manager assemble your core team, after all the manager will be the team’s leader.
Is the potential manager related in any way to your publishing or recording company?
If so, you may have a huge issue.
You should be very careful to delineate the responsibilities of your manager, your record company and music publisher so that each separate entity can work on its own. Independent of anyone else’s interest except your own. Think about it people, as an artist you are already the last person to “eat” why would you want to share your scraps? You don’t want your manager co-writing & co-publishing a share of your material.
Next week I will look at the core team – who are the players you need in our team to help you succeed in the new music economy.
Remember sharing is caring; spread this article to as many of your friends as possible.
Hit me up:
Email: Thabiso.Khati@gmail.com
Twitter: @HipHopScholar
Twitter: @360Street
Till the next one.
#FWYH, LOCAL IS LEKKER!
I can never stress enough the importance of creating musical works that are relevant to your community and region. The concept of ‘think local, act global’ not only applies to business but to an artist’s music and personal branding too. Unfortunately in South Africa there seem to be a proliferation of new artists that ‘think global and pretend to act global’, they live in the sky and create music that is obviously designed to appeal to a New Yorker or an ATLien (a resident of Atlanta, term coined by Outkast) and then wonder why their music fails to attract a South African audience. That’s because they fail to CONNECT and make music that is relevant to their immediate community.
The market sees this type of artist as a ‘wannabe’ and an impersonator that is too busy trying to mimic their favorite ‘American artist’, the market does not relate to their stories, their language (even their slang usage is more ‘Ebonics’ than Tsotsi Taal), energies and packaging.
I had the opportunity of working with both Skwatta Kamp and Pro Kid early in their careers, the one thing I learned from both these acts was the importance of representing your true self, through their music and presentation both these acts were representing elements of the South African kid growing up in the townships, it did not matter what township. Pro Kid’s “Ungaphel’ Umoya Son” is great example of a record that connects to the South African audience. On the record, his message of inspiration specifically designed for a township kid going through hard ships and its references are also things we can relate to; things we have seen experienced and lived.
Thebe’s ‘Bula Boot’ is another great example; Black South Africans have their own way to party that is unique to us and this record captures that uniqueness to perfection. I can completely relate and I know the majority of Black South Africa can too. Now there’s nothing wrong with making records about ‘poppin’ bottles’ and that sort of thing, however you have to be mindful of the fact that most people’s reaction to your record will most likely be ‘A se mo States mo’ (translation”: this is not the States). Fans don’t want imported concepts and ideas from their South African artists, they want music they can feel and relate to.
Remember the formula? CwF (Connect with Fans) + RTB (Reason To Buy) = Success.
If you connect with fans, they will want to hear more of your music, in turn radio will increase your rotation, so will music TV channels/programs, promoters will want you at their shows, brands will want to use you for endorsements and sync your music in their ad campaigns. That’s how you WIN!!!
We all know Kwaito’s success story, look at the core of what made the South African youth fall in love with the genre and you will realize that it went beyond the beat and the chants. There was a strong emotional connection, it was our own thing; it gave you a different feeling. I can say the same thing with the early 2000s Hip Hop scene, from Skwatta Kamp and Pro Kid to Hidden Force, H2O, Morafe, Tuks and others.
That was the only time South African Hip Hop artists regularly sold albums in large volumes; Skwatta Kamp’s ‘Mkhukhu Funkshen’ went platinum and so did Pitch Black Afro’s ‘Styling Gel’, Pro Kid’s ‘Heads & Tales’ shipped 15,000 units and so on…
Pro Kid was part of a Smirnoff campaign for their ‘Storm’ brand; he was also the face of the MTN’s campaign for the SAMA Awards. Skwatta was doing big things, breaking down doors and putting SA Hip Hop on a whole different level.
Right now Teargas, Mi Casa, Big Nuz, DJ Cleo and others are running the game and dominating charts, sales, awards, gigs and etc. They all make music that connects.
Next time you hit that booth think about who you are making music for and as the late Dr Mageu would say “A se mo States Mo!!!”
#FWYH, LOCAL IS LEKKER!
Remember sharing is caring; spread this article to as many of your friends as possible.
Hit me up:
Email: Thabiso.Khati@gmail.com
Twitter: @HipHopScholar
Twitter: @360Street
Till the next one.
Anonymous asked: Hey TK! I dig this - I check it out every week :) keep it up. Simps told me about it. So my question is - Do you think there's a chance that Black South Africans can ever own their own value chain (production, marketing and distribution) in the music business, like how the Nigerians have done it in their own country? Bheks. Oh by the way check out my secret tumblr blog :) [it's called "tuaneter"]
Hey Bheks. It is already happening, especially in the Gospel and Traditional music spaces. Due to lack of major label’s presence outside Johannesburg a lot of producers and artists start their own labels so as to release their own music and ake advantage of their local popularity. A lot of these artists/producers (label owners) control the bulk of the value chain, its generally spans from production to distribution (mostly informal - selling out of their boots and at their shows). Because most of these entrepreneurs never receive any business training most of them are unable to build and develop these labels beyond just thei local footprint.
Over and above most of these label owners are limited in their knowledge of the music business (mostly rights) and thus are unable to fully take advantage of these rights.
Will check out tuaneter.
THE DISRUPTORS!
Welcome to the New Music Economy or Music Business 2.0, to make it in this new environment and have longevity you need to bring more than just music in the game, you need to be innovative, bold, you need to think different and maximize on opportunities.
Over the years I have studied a number of highly successful artists to try and establish what made them so successful. I soon came to realize the common thread between all of them; all of them are DISRUPTORS. None of them was proverbially spoon fed, in fact they were not even invited to share the meal. They refused to beg any one’s pardon, they went into the kitchen cooked up their own meals and sat at the head of their own table.
In this article I will look at a four individuals (Arthur Mafokate, Jay-Z, Oskido and 50 Cent) who are all disruptors who helped change the game and created long lasting and lucrative careers for themselves.
Arthur
You can argue all day on whether Arthur is a pretender to the Kwaito throne or not but the one thing you can not dispute is the man’s relentless drive, hard work and his successes in the music business. His 999 Music imprint has launched more artists and careers into the South African music scene than any other independent. His journey in the music business started as a dancer for artists like Brenda Fassie, Son (of Monwa & Son fame) and Johnny Mokhali.
Desperate to make it and with limited options at the time, Arthur joined the Mr. Soweto competition, a competition that came with a cash prize of R10,000 for the winner. Arthur won the competition and he used the money to start 999 Music and record himself.
This was 1992 and the idea of a young guy from Soweto starting a record label was unheard of. And Arthur did not stop there; he went on to champion a new sound, a sound that young, ghetto South Africa fell in love with. He was bold, his mega hit ‘Kaffir’ spoke for the voiceless, it was confrontational, it was in your face, it was representative of township South Africa’s energies at the time.
As a business man Arthur was always on the pulse, he was the first to package his label’s artists at a single fee for promoters, he was selling directly to the fans, he was not only recording and releasing his artists’ music, his 999 Music was also managing them, publishing and booking them. It was the 1990s and Arthur was using the 360 model, a model that only became popular a decade later. As if that was not enough, Arthur was also the king of promoting albums; even those that disliked his music would accept his ingenuity when it came to music marketing.
Arthur came in as a whirlwind that completely disrupted the music industry’s idea of a ‘hit’ artist and genre.
20 years later and both Arthur and 999 Music is still here.
Oskido
Early in his DJ career Oscar The Big O aka Oskido was passionately renamed ‘Oscar Wa Rona’ by the people, this was a testament of the connection he had with his fans.
Now everyone has his or her own view on who created Kwaito and there might never be a conclusive answer but one thing is certain Oskido’s name is always mentioned whenever that discussion is held. My personal view is in support of Oskido being the creator of Kwaito. Even if he is not the genre’s creator he is definitely the DJ that introduced Kwaito to the South African club scene.
Anyone who was a university or technikon student in the early 1990s will bear testimony to Oskido’s well crafted DJ sets that featured slowed down House tunes peppered with Oskido’s catchy and melodic chants over the microphone i.e. “Ha re tsamaye rona, re robala mo” or “”A se Oscar wa bona, ke Oscar wa rona” (thus giving birth to Kwaito). Oscar saw a niche in the student market and capitalized on it, he was part of concept called ‘Gumba’; this was a series of party events that strictly targeted campuses and used DJs as the main if not the sole entertainment.
Over and above this, Oskido was killing the club scene, if his name was on the flyer you knew you had to be there. Without Oskido I doubt if South Africa would have the vibrant and lucrative DJ culture that is has today. He built the club scene, he put South African DJs on a global map, he opened the world’s eyes to South African the House music market (we are now said to be the biggest House music consumers in the world), he took South African music to the international club scene (Mafikizolo’s ‘Lotto’ was remixed by some of House music’s greats and featured heavily on dance floors across the world) and let’s not forget that Oskido was one of the people that worked around the clock to get South African DJs to the ‘Miami Winter Music Conference’.
Not only did Oskido disrupt the club and party scene he also disrupted the music business. Before Oskido’s Kalawa imprint and Boom Shaka I doubt if anyone had heard of selling out of the boot. The first time I ever saw Boom Shaka it was in downtown Johannesburg at the Noord Street Taxi Rank, they were doing a promo performance, this was pre ‘It’s bout time’, at the time a record called ‘Makwerekwere’ was their street/club hit. To break the song Oskido used his influence as a club/party DJ and once the record caught fire he printed cassette copies and sold it directly to the public from the boot (trunk) of his car.
Boom Shaka went on to redefine artists’ imaging and stage craft in South Africa, the had the catchy hooks in their songs and in addition to that Lebo and Thembi were not scared to embrace their sexiness in both their image and stage craft. This was Oskido’s GENIUS at work, with Boom Shaka he was able to disrupt the industry’s idea of artist imaging. He also disrupted the major label’s model because all of a sudden it was clear as daylight that artists don’t necessarily need a major label to get their music out and with that he was able to create a culture of independent labels (Indies) that has come to be associated with youth music in South Africa. Take a look at the South African music industry and you will notice that 99% of the hottest Kwaito, House and Hip Hop artists are signed to independents and not majors (the majors are only used to distribute the product and in some cases help market the album).
Over 20 years later Oskido is still making hits, still a force in the music business and till this day he continues to DISRUPT, think South African Music Conference.
Jay-Z and 50 Cent
These two’s stories are well documented and if you don’t know their stories I am certain that a basic Google search will bring you up to speed.
Jay-Z:
Refused a record deal by all major labels Jay-Z started his own Roc-A-Fella label, released his own music and immediately started signing others (Memphis Bleek) to the label. The label would later sign Beanie Sigel, Cam’ron, Kanye West and others.
With the ‘Hard Knock Life Tour’ Jay-Z brought along rap superstars of the time like DMX, Redman and Method Man and showed that there was money in Hip Hop touring, at the time (1999) the tour set a record for Hip Hop tours, grossing $18 million in ticket sales. Before The Hard Knock Life tour it was unheard of for a Hip Hop artist to go on a 40+ dates tour. Jay-Z made Hip Hop artists’ tours lucrative and thus introduced a new revenue stream to artists in Hip Hop. Everyone knows artists see more money from touring than record sales.
Jay-Z has also disrupted the clothing industry with his Roc-A-Wear clothing line and completely disrupted and remodeled the artist/celebrity endorsement deals when he collaborated with Reebok to create the S. Carter sneaker line.
In my eyes the biggest disruption that Jay-Z caused was changing the mind state of artists and ‘ghetto kids’ across the world. Being good at what you do and just getting acknowledged for it with someone else deciding what you should be paid was no longer acceptable, you now had to be the best at it and set your own price.
It’s 16 years since the release of Jay-Z’s debut album ‘Reasonable Doubt’ and today Jay-Z is the world’s most bankable artist.
50 Cent:
Before 50 Cent came along a mixtape was a cassette/CD compilation with a DJ mixing the latest and hottest Rap and R&B records of the time and from time to time they would feature ‘freestyles’ verses from rappers. The bigger the DJ’s name the greater the chances of getting ‘freestyle’ features from big name rappers. That was the model.
50 Cent, a clever and street savvy rapper from Queens, New York with the ability to rub other rappers the wrong way (See ‘How To Rob’) with his confrontational style of music remodeled the mixtape concept with his ’50 Cent Is The Future’. This was the first time ever that a mixtape was centered around an artist and not the DJ. 50 Cent and his G-Unit had found a new way of putting their music out and they were making a lot of money selling these mixtapes. Soon record labels came knocking at 50 Cent’s door trying to sign and allowing 50 Cent to set his own terms and conditions.
In today’s Hip Hop industry it’s almost mandatory for any Rap artist to release a mixtape as a way of creating buzz to attract radio airplay, interviews and a record deal. Even when record labels sign rap artists of the strength or their ‘demo’ or ‘showcase performance’ they will encourage them to first create ‘buzz’ with a mixtape before releasing an official single.
This year marks 10 years since the release of ’50 Cent Is The Future’ and across the world there are thousands of businesses and platforms that solely rely on artists mixtapes as their source of income. This would have not been possible if it was not for 50 Cent.
To be DISRUPTORS these four artists studied the game, thought outside the box, created new opportunities and most importantly believed in themselves enough to financially invest in their own careers when no one else would. Today they are all successful and rich.
Remember sharing is caring; spread this article to as many of your friends as possible.
Hit me up:
Email: Thabiso.Khati@gmail.com
Twitter: @HipHopScholar
Twitter: @360Street
Till the next one.
