Vol 4, Issue 7: Let’s Talk Some Legal, Shall We?

A few months ago, a close girlfriend of mine was offered a potentially career-changing opening slot for a major label artist in the GTA. Ambitious and actively seeking her “big break” like most serious indie talents, her and her band accepted the gig without hesitation…much to her later dismay.

Days before the “big gig”, the show’s promoter, realizing the band’s talent (and therefore also the potential cash-grab of the situation), contacted my girlfriend and began making extremely unreasonable demands on the act, including but not limited to a substantial cut of their merchandise sales, in order for them to remain a part of the show. Regretfully, but sticking to their guns (something for which I commend them), they had to pull out last minute; of course, their fans demanded an explanation…here’s where things become of personal interest to all of you:

When my girlfriend attempted to publicly disclose EXACTLY what had occurred (no more, no less) between her and the promoter of said event, the promoter began to aggressively message her and her band insisting that she had committed the crime of slander and that she was to remove ALL-related postings immediately, otherwise he would slap a lawsuit on their ass, thereby blacklisting them from ever having another equally potentially career-changing opportunity in the future.

This, sadly my friends is NOT the first NOR will it be the last of these sorts of situations because as soon as you start talking legal “mumbo-jumbo” with artistic-types, well it pretty much scares the shit out of most of us; accordingly, we’ll comply.

The aforementioned TRUE story highlights the centrality of two essentials one needs to wrap their mind around if he/she truly wishes to pursue “professional musicianship”:

1)     The importance of paper documentation for EVERYTHING

2)     The ongoing need for unionism

Let’s start with number one. In the world of business, irrespective of the industry in which you’re engaged, an agreement between parties has little to no likelihood of holding up should a situation merit legal intervention, unless it is in some kind of hardcopy format which reflects the agreed upon terms, affected timeline, and signatures of the involved individuals along with those of an objective witness. Now, I’m NOT saying you’ve gotta become a candidate for law school in order to rock out with the world’s finest, but you DO need to learn a thing or two about contract reading AND contract writing.

Many an artist, including one of my personal favs Aerosmith, has lost ownership over their own material (and accordingly have to PAY royalties in order to perform certain songs live) from being naïve and not crossing their t’s and dotting their i’s properly. Likewise, many an artist (myself included in my early days) has been granted so-called “amazing” performance opportunities with supposedly lucrative pay only to promote their asses off, show up with shitloads of fan in tote, do their thing, and have the promoter “mysteriously” take off in the middle of their set with all of the door cover charge cash stuffed in his/her pant pockets.

While the art of writing loophole-free contracts can be developed and improved upon over time (of course through trial and error), I am a firm believer that certain things should be left up to those who specialize in a given field. Without a solid foundation of not only the politics and business side of the music industry, but as well all of the legislation that could be potentially involved in a given matter, you likely will miss something. Lucky for you, back in the mid-1800s as the world was becoming increasingly industrialized, factory work prevailed, and instances of worker exploitation and maltreatment, not to mention a lack thereof of any safety or health protocols (all in the name of advancing profits) abounded, workers came together to form what would later develop into trade unions.

Not merely reserved for your parents and grandparents, or those involved in construction, plumbing and the like, professional entertainers of all sorts (from musicians to actors to even foley artists) have at their disposal their VERY OWN UNIONS which seek to serve the needs and protect the interests of their membership. Among one of the MANY perks that the American Federation of Musicians of the United States and Canada (our local affiliate being The London Musicians’ Association), the AFM for short, offers its membership is access to court approved touring contracts, free legal council AND emergency financial support should a “unfair treatment” scenario arise.

Considering that regular annual membership dues are nominal in comparison to hiring a personal entertainment attorney, becoming an AFM-er, if you’re ready to take your gig on the road, is really in your best interest and is something I’m not only recommending to you, but also strongly suggested to my friend (the one whose story I opened this piece with) after hearing of her all-too-common sad tale.

The thing is, however, that unions are only able to maintain collective bargaining power and effectiveness in the marketplace if they continue to maintain/generate membership. Sadly, the young aspiring musician demographic, while growing, continues to rank low in terms of representation among AFM-ers. I don’t know about you, but I sure as hell don’t want to even conceive of how much worse this industry could potentially get without the existence of our union (read as: it’s already cutthroat!). In other words, here’s a lesson in protecting your ass and your future: join the AFM.

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Other benefits of AFM membership include its pension program, booking referral service, specialized insurance options, and immigrations assistance in regard to touring foreign markets. For more information, check out the AFM’s official website at www.afm.org or the official website of our London chapter at www.londonmusicians.com

Vol 3, Issue 16: Starting up Your Own Label Pt #3: Getting Your Infrastructure in Order

Upon making the initial decision to create your own indie label, there will be a ton of subsequent choices you’ll need to make right from the get-go. For instance, do you want your label to represent your act solely, or in the future (once established), do you plan on reaching out to other indie artists and creating a label family of your own? Do you want to cover all of your own services such as booking, and publicity or do you want to make alliances with pre-established firms to whom you will outsource these jobs and establish a commission agreement per booking? Will your label be territory specific, and make arrangements with other indies to cover international waters, or will you claim authority over all jurisdictions? These are just a few examples of the kind of questions that you will need answers to. 

As with everything, there will be advantages and disadvantages to each arrangement you consider, but what’s important is knowing your own capabilities, and setting realistic standards. So, with that in mind, even if your eventual aspiration is to create an artist-run family of your own, similar to that of Ani DiFranco’s Righteous Babe Records, you need to take it one step at a time (don’t bite off more than you can chew). Aboveall, to ensure that you maintain a strong positive reputation, and don’t burn a lot of bridges along the way, before you decide to take on the responsibility of anyone else’s career, you absolutely, 100%, need to ensure that your own shit is in order.

Selecting a Name
So, at this point, I’m sure you’re wondering, where do I begin? Well, after you’ve established your network, got your funding in order, and have drawn up a working business plan, your first order of action is to start reputation building. You need to first name your label, and then, more importantly, work on establishing your presence. For me, the name of my label was obvious – it came directly from my band’s name, and it represented the fact that if I should ever expand my enterprise to assist other artists with various management and label services, I wanted it to be clear that my goal was to work solely with women in music; hence, HER Records. For some of you, it may not be that cut and dry. But, just like with naming your band, you need to put a lot of thought into what kind of message you want to elicit, and you also need to make certain, ESPECIALLY in this case because you’re establishing an actual registered business, that you are NOT infringing on copyrighted territory. In three words, do your research!

Business Basics
Once you’ve reached consensus on your label’s name, I highly recommend applying for a GST vendor’s permit through Revenue Canada, registering your business through your lawyer and/or accountant, and opening up a business bank account at your local financial institution. Running a band sloppily is one thing, but once you’ve got a working record label, you need to make sure your files, expenses, and profits are in tip top shape for three main reasons:

1) you will have monetary obligations to others, and need to keep record of all transactions in the event of a dispute

2) it is quite possible that your business could get audited and

3) if a major label decides to pick up you or one of your other artists, they will require a record of past sales, and successes for marketing purposes.

Suffice it to say you will start feeling a bit like a baglady every time you insist on getting receipts for each purchase, but you’ll need them to be able to deduce when your business has started to profit (ie: when you will actually be able to pay back loans and/or pay yourself as an employee), and it’ll also come in handy, for tax purposes, to keep track of all of your expenses because if your bills far exceed your income, you will be taxed at a lower rate.

It is also recommended to apply for a low interest credit card as many services you may require in the future (such as reserving hotel rooms in different provinces/states for cross-country tours) can ONLY be done through valid credit card accounts.

Additionally, it will be essential to make sure that you are in good standing with the necessary Canadian artist associations, as well as royalty and sales tracking services that you will require regular use of throughout your endeavours including SOCAN, CMRRA, SAC, AFM, and Soundscan (membership, in most cases, cost money).

Finally, before you are ready to release any albums, it’s a good idea to already have working versions of your online stores in order so that all you’ll have to do is put up the product at your desired time of release, and you won’t face any potential delays with distribution. Literally, everyday the amount of places online where you can sell your music for a nominal fee are expanding, and I recommend making your label and its artists’ releases visible on as many as possible, but if your budget is limited (which I’m sure it is) the online and in store indie friendly distribution services that you’ll definitely want to take advantage of include: Indiepool, CdBaby, Tunecore, Mxyer Ringtones, & Songcast. Creating accounts with Youlicense and Pumpaudio may also be something to consider if you are interested in potentially licensing your tunes for tv, internet, and movie projects in the future.

Working the Rep
At this point forward, any communications from your band to bookers, distributors, photographers etc. should be coming from your record label NOT a member of your band. From my own experience, I’ve found that it’s best to choose a gender neutral name that is fairly unassuming such as Sam, or Vic because, as much as I hate to admit it, the vast majority of bookers, and promoters with whom you’ll be interacting are men, and they’ll naturally assume you’re a guy too; thus leading them to treat you in a more respectful manner. You should give your so called label rep a last name as well (obviously not the same as any of your band members), and you should issue “him” a title such as Head of Promotions or Lead A&R representative depending on the purpose of your communications.

To cut down on costs (long distance bills are a killer), and simply to increase efficiency, I personally recommend doing as much as possible over email/the internet – whether that’s researching potential clubs for tours, setting up appointments, booking gigs, issuing press releases, or paying for services. If you decide to pursue this route, you’ll need to set up a label email address which can easily be accomplished through one of the several different free hosting services, that are at your disposal, including hotmail, yahoo, or gmail. Make sure when you are filling out the details for your email service that you do NOT put your personal name or birthday etc. under the information section because that is something that people can check, and you want to keep everything consistent with the name of your label rep.

Along the same lines, you’ll want to change your answering machine so that it informs callers that they are reaching your label’s headquarters, as some promoters and media outlets still prefer conducting business over the phone. If you want an example of what a professional answering service should sound like, call any reputable business after hours. Generally, it will be laid out as follows:

“You’ve reached ____ Records, home of (list your artist names). None of our agents are currently available to take your call, but if you’d like to leave a message after the tone specifying your reason for calling, the appropriate department would be happy to get back to you at their earliest convenience. If you’d prefer to reach us by email, you can do so at (email address). If you require more information on ____ Records and/or one of our artists, please feel free to visit our official website located at (url).” Thanks.”

For those of you who are perceptive I’m sure you noticed the above message made mention of having an official website for your label. When you first get started, and have yet to establish an extensive roster and/or list of services, a simple Myspace or Facebook business page (if done tastefully) will suffice. Once things start heading down a more professional route, you may want to consider buying your label’s domain name and actually launching a full scale website.

As for what should be included on your website, make sure you’ve got an overview of the label’s inception, the services it provides, its affiliates, its artists (with links to their official sites), and any sponsors it may have accrued. As well, it is absolutely necessary to include visible contact information detailing your full postal address, email, phone, and fax number (where possible) as, from my experiences as a journalist I can tell you that, there is nothing more frustrating then coming across a website on a subject in which you’re really interested which fails to list the appropriate channels to initiate contact.

One final note on communications: If you can get a fax machine and/or scanner, it will be truly advantageous because some items, such as contracts need to be issued and completed within short time periods and/or are of a confidential or delicate nature for which you cannot depend on postal services. Plus which, it’ll greatly reduce the amount of money you spend on mailing, which will likely already be a large expense of yours on account of the fact that, despite services such as Sonicbids, a great deal of venues refuse to consider bands for booking and media outlets refuse to consider acts for coverage, unless they receive hard copies of your press kit.

Vol 2, Issue 15: Alternative Sources of Revenue Pt VI: Session Musicians

As we learned last week, jingle writing can be a major source of employment for session and freelance musicians, but that barely scratches the surface in terms of what these talented individuals are capable of. Scoring work as guest players on major albums, television and movie soundtrack writing to touring support for popstars and even orchestras, session and freelance musicians are defined as artists for hire that are not committed solely to a steady project. While session musicians, as one may deduce from their title, primarily lend their talents to studio work, freelance players typically perform live with touring acts.

Being a session or freelance musician requires a great deal of performance diversity, and quick learning ability; skills that can only be mastered with age and experience. As a result, you’ll notice that most players in this field are in their elder years, or as they prefer to be called, “seasoned”. 

Typical of any aspect of the music biz, connections and networking play a vital role in terms of finding gigs. According to both Kelvin Gumbs and Dale Anne Brendon, becoming session/freelance players was something that they just “fell into”. While Gumbs initially had to pick up the instrumental slack on some tracks he was producing for clients, Brendon found herself bombarded with drumming opportunities after graduating from The University of Western Ontario’s music program, but neither of them had envisioned this as their master plan. However, that doesn’t mean that having the sole ambition to become a freelancer is unfeasible. On the contrary, it would seem that opportunities for these players are plentiful, you just need to know where to look.

Though as mentioned, word of mouth and networking play crucial roles in finding employment, there are also several job boards with musician classified sections that regularly list gig possibilities such as http://www.craigslist.com/, www.kijiji.com , www.overhear.com and www.indbamusic.com . Brendon recommends trying to make a personal connection with each potential employer when you come across a gig that interests you, as from her experience, she has found that simply cold-calling and sending out promotional packages rarely works.

In terms of payment, prices generally vary from player to player depending on their contributions and the type of project. When it comes to recording, on average there is a base fee of approximately $100 – $200 per hour with a minimum of three hours guaranteed employment. On the other hand, touring pay scales begin approximately at a $300 minimum per hour, again with no less than three hours of contracted work. Of course, depending on the length and travelling associated with a tour, this rate may be negotiated. However, regardless of whether a scheduled live performance is a success or failure, freelance musicians maintain their same set rate of pay.

Brendon feels it’s essential for anyone interested in pursuing this avenue to familiarize themselves with the American Federation of Musicians’ (AFM) fee policies. The AFM standardizes pay scales for different player positions within each musical project, and through membership to their organization, one is provided with contracts for each opportunity undertaken, that they will enforce, if necessary. As you’ll recall from previous editions, I’ve referenced the AFM several times in regards to national touring pay scales and policies. For more information on their organization, please visit http://www.afm.org/

In exchange for these set rates of pay, session musicians are not eligible to collect royalties in the future, if a project on which they were featured, takes off. Additionally, it is understood that they do not own their musical contributions from a legal perspective. These principles are agreed upon amongst both parties (employers and musicians) and the tradeoff is considered fair.

A major benefit to this arrangement for session and freelance musicians is that there is no waiting period for payment, nor is their income contingent on the success of the project. According to Gumbs, usually directly after a project is completed, session and freelance musicians are compensated with upfront cash. Though these terms are well understood within the industry, Brendon still urges musicians to establish written contracts for each engagement to ensure that their rights and best interests are always protected, as verbal agreements can be more difficult to prove.

If you’re interested in pursuing this route, Gumbs recommends being aggressive and persistent in terms of self-promotion, and building up one’s network and reputation. Adding to this piece of advice, Brendon suggests that the best way to learn about this avenue is to pry at the brains of experienced fellow musicians who have, as she puts it, “been around the block.”

Though initially scrounging up work may be challenging, once you’ve established a reputation for being reliable, respectful, and professional, employment opportunities will begin to come your way. Above all, one should have fun with this alternative venture as it will allow for the expansion of one’s ability and repertoire.

The biggest tip for freelancers that Brendon emphasized was the importance of knowing one’s employer. Just as you wouldn’t achieve success by applying for an office job in full out gothic attire, you likely wouldn’t be chosen as a freelancer for an orchestra gig if you showed up to the audition covered in piercings. Gauging the needs of one’s employer is as easy as looking at their audience; if you see mohawks in the crowd, tattoos and torn jeans are encouraged, but if the arena is filled by men and women in suits, one may want to rethink the bright pink hair.

For more information on Dale Anne Brendon, please visit her official website located at http://www.daleannebrendon.com/

For more information on Kelvin Gumbs, check out his official page at http://www.kelvingumbs.com/

Vol 2, Issue 5: Musician Associations, Paying Out of Your Bands Pockets for Protection

Whether you’re an independent act or the latest acquisition of a major label, being aware of the wide array of artist-oriented affiliations (and their services) that are at your disposal, is essential. Not only are there organizations that will assist you in protecting your art, but further, there are musician unions whose purpose is to promote and protect your rights as an artist. The latter form of associations go so far as to “attempt” to professionalize music as a career offering legal council, retirement pensions, and tour support.

Note here that I said “attempt” to professionalize music as a career because being a musician, in almost all accounts, is not seen by greater society as a feasible or stable career path for good reason: music is not a “safe” career choice, and most musicians have backup plans because they are aware of their limited chances of “making it” in this unforgiving industry. Often, those who do “make it” are manipulated, exploited, and/or taken advantage of by labels, promoters, and bookers simply because as artists, they remained ignorant to the inner workings of this industry. What one must understand is that most artists, unfortunately, fall into this category of “easy prey”, and the only way to alleviate this, and perhaps raise the standard of musician treatment overall is to create more knowledgeable musicians.

Thus, the importance of having associations that exist purely for the benefit of artists as a means to preserve artistic integrity, ownership, and intellectual property and a source of education and advice pertaining to the industry, is crucial.

And so without further adieu, listed below are the musician associations (in Canada) detailing the services they provide, their membership fees and a ranking based on my personal experiences with each of them. Depending on your aspirations as an artist, you may not find all of these associations applicable to your situation, but to be fair, I felt it necessary to provide an overview of all of the major organizations, so that you could make the judgment call for yourself.

1) The London Musician’s Association (LMA) & American Federation of Musicians (AFM)
http://www.londonmusicians.com/
http://www.afm.org/
Overview: The London Musicians Association is our local sub-sect of the American Federation of Musicians (AFM), an organization whose main purpose is to help negotiate fair treatment and legal touring policies for Canadian artists wishing to enter into the American market. The AFM provides legal protection to its artists by mandating that for every gig in which they participate, a contractual agreement must be completed outlining the date, time, venue, length of performance, and compensation to be paid to the artist for their services. In the event that a band’s performance in the States does not qualify as a paying gig (i.e. music festival/conference), a supplementary letter, indicating that the band is partaking in this event purely for the exposure/potential contents it will generate, will be supplied to the artist.

These contractual letters are very important when traveling to the States as they assist in expediting the border crossing process. Additionally, these contracts can serve as legal proof of the agreed upon terms if an artist encounters a discrepancy with a venue owner/festival promoter. Further, if a discrepancy does arise, the AFM will provide legal council (if necessary) to resolve this matter free of charge to its members. Please note that to obtain a letter in either case, there is a charge of $25 US for processing.

Fees: There is NO initiation charge for students and/or musicians who are 20 years of age or younger, however said individuals will be required to demonstrate proof of their academic record/age. For all other musicians, a one time fee of $100 is charged to initiate one’s membership. In addition to the membership initiation fees, in order to stay active as a member, fulfilling a due schedule (which can be paid annually $128/year, semi-annually $74/every six months, or quarterly $42/every three months) is required. These dues not only provide artists with the ability to tour America legally and legitimately, but as well entitle members to additional benefits including: health care, pension, and lobbying rights. Each member of the AFM is invited to attend regular conferences to voice their opinions in regards to how the touring process can be improved upon. (Please note that there are NO group discounts with fees, so if your band contains seven members, this may be an expensive process.)

Critique: While I strongly believe in touring legally, and advocate the AFM’s intended mission, being provided with all of the proper documentation to cross the border does NOT always guarantee access and/or access without considerable hassle. I can recall several excursions to the States in which my entire band was AFM approved, and provided with the necessary legal documents and P2 temporary work visas, yet still we encountered lengthy interrogations from border officers and routine vehicle searches which usually resulted in us being held up at the border for several hours left scrambling trying to make it to our gigs on time.

Additionally, it’s important to note that when touring into the States, a Canadian band is not legally allowed to transport goods across the border (including their own merchandise), and if caught doing so, your merch may be subject to annihilation right before your eyes. Seeing as merchandise sales typically account for the majority of a band’s profits, getting your merch transported to every show is a MUST. Thus, additional shipping costs to transport your merch legally need to be planned for, and again these can costs add up fast.

On another side note, it’s important to realize that the AFM has set standards in regards to what musicians can receive as minimal compensation for their performances, and these fees are unfortunately highly UNREALISTIC for most independent artists. Consequently, if an artist-member of the AFM participates in a gig which does not pay at least the minimal standard for their performance, he/she may not be eligible for legal council in the event that a venue tries to rip them off. However, members such as myself are currently working with our locals in order to improve these standards and make them more reasonable and in accordance with today’s market.

Overall, I feel that the AFM offers a useful service to independent bands wishing to break into the American market, however, this can be a costly process! Thus, I do not encourage becoming an AFM member or touring the States unless your band has some serious financial backing, or if you are confident that you will be able to make up for your losses through touring.

2) Songwriters Association of Canada (SAC)
http://www.songwriters.ca/
Overview: A quick note on intellectual property/copyright law that you need to know first: Once pen is put to paper, or you’ve saved a copy of your song (lyrics + sheet music) on your computer, your creation is legally copy-written. HOWEVER, in the event that the rights to your song(s) were ever disputed and another songwriter claimed ownership (perhaps a disgruntled ex-bandmate), it would be very difficult to prove who wrote what down in their journals first, and in such a case, you could potentially lose the rights to your own work. The Songwriters Association of Canada is an organization that offers a solution to this very problem.

The SAC provides a service wherein once provided with a hardcopy of each of your original compositions, they will catalogue each song (or album) into a registered depository which records the original songwriter(s), the rights shareholders, and the date in which the piece(s) were submitted. A registered copyright is much more likely to hold up as proof of ownership in a court of law, and thus, ensuring that all of your music is protected in this fashion is A MUST. Other companies and/or entertainment lawyers can provide this same service for you, however, likely it would be at a higher cost.

Fees: Membership is open to any Canadian composer, lyricist, or songwriter regardless of professional status or genre and entitles you to the song depository for your original works, song assessment meetings with industry professionals ($25 + GST per song), as well as access to several helpful seminars and workshops to assist you in improving your songwriting. Voting members can either pay $60.00 + GST for one year or $100.00 + GST for two years. Associate members are charged $135.00 + GST per year. The only difference between the two memberships is that voting members are eligible to vote at the annual meetings of the members.

Critique: I personally think register-copywriting one’s music is a MUST for every musician out there, and that SAC provides an easy and reasonably priced method through which you can do so. I have not taken advantage of their services outside of the song depository so I cannot provide an evaluation for those, however in terms of their song depository and customer service, I have absolutely no complaints.

In terms of choice of membership, I personally do not have the time to go to the meetings for each of the associations of which I am a member, and so I opted to apply as a non-voting associate member. I do not recommend becoming a voting member of any organization, unless you are truly passionate about what the organization represents, and you are willing and able to attend their meetings in order to have a say in their new developments.

3) Society of Composers, Authors, & Music Publishers of Canada (SOCAN)
http://www.socan.ca/
Overview: Contrary to popular belief registering your music with SOCAN does NOT copyright your works, rather SOCAN’s services pertain to public performance royalty rights and distribution and their system works as follows:

Firstly, SOCAN requires its members to register all of their original compositions within their directory. Next, once any of your pieces are performed publicly (whether at a gig where the cover charge exceeds $7 CA, live on television, or if your song is played on the radio), it is your duty to report this performance to SOCAN by issuing them public performance forms (provided on their website) detailing all of the pertinent information including the venue, the song(s) performed, and proof of the performance. Public performance forms from ALL of SOCAN’s registered members are collected, and four times a year, members who earn at least $5 in public performance royalty fees (per quarter) will be issued a cheque for their earnings. The royalty fees are accrued from the venue’s themselves.

Fees: Music creators (lyricists, songwriters, accompaniment writers) and music publishers can become members of SOCAN if the works they created and/or are representing have been published by a music publisher, recorded by a record company, or have or will be performed in a public forum licensed by SOCAN. Online applications made by music creators are FREE. For those who chose to apply on paper, there is a one-time processing fee of $25. Membership for music publishers costs $50 + applicable taxes, applications can be made online or on paper, and again this is a one-time fee.

Critique: SOCAN’s system is not as straightforward as it would seem as for one thing NOT every venue (smaller clubs and non-for-profit/college radio) agrees to issue public performance royalties, so even if you fulfill all of the above requirements, you may or may not receive any royalties for your performances. Additionally, royalty payment is decided through a lottery wherein major artists are almost always are paid first, and independent artists are provided with the leftovers, if any. Taking into account that not all venues pay, and major artists indefinitely get paid first, you may not receive any compensation for your performances until you reach a more notable position within the music industry.

Song licensing, whether through mechanical or public performance royalty collection can be a profitable endeavour for any musician, however, please be aware that in order for you to receive any royalty earnings from SOCAN, your material must be getting regular rotation on radio, OR it must be performed regularly on television broadcasts and/or at public concerts where the cover charge is more than $7. If you are not embarking on a major tour with supported publicity opportunities, you likely will not obtain enough royalty opportunities to accrue $5 per quarter. The average royalty fee is about 10 – 15 cents per performance/play, so although $5 does not seem like an unreasonable goal, please realize that it would take 33 plays/performances of one of your songs in order to receive a $5 paycheck at the higher rate of 15 cents per play/performance!

I have been a member of SOCAN for about five years now, and have received a great deal of press coverage, and have played literally hundreds of shows. To this day, I have yet to receive a single royalty reimbursement. However, now that memberships are free when you apply online (they weren’t when I signed up), I don’t see any damage in becoming a member. Even in the event that you are never issued a royalty cheque, you are not losing anything, and if one of your songs starts taking off on the radio, it’s always good to be prepared professionally to deal with royalty collection. It will show that you are not an amateur.

4) The Canadian Music Reproduction Rights Agency (CMRRA)
http://www.cmrra.ca/
Overview: The Canadian Music Reproduction Rights Agency (CMRRA) acts as a negotiating representative for Canadian music publishers who are interested in licensing their material for usage in cd compilation projects (mechanical licensing), films, television, commercials, and other audio-visual opportunities (synchronization licensing). However, CMRRA does NOT research licensing opportunities for you, they merely assist with negotiating fair licensing rates of your music once you have secured the licensing opportunities. Moreover, CMRRA ensures that you will receive your entitled licensing percentages, whereas if you issue licensing agreements to various companies independent on a licensing agency such as that of CMRRA, there is no way to guarantee that these companies will actually a) pay you the agreed upon amount per song b) pay you your percentage of accrued royalties from sales/airplay.

Fees: As one could expect of most standard agencies in the entertainment industry, CMRRA takes a cut (6 – 10%) of each licensing rate they negotiate on your behalf as their commission, but aside from their percentage, there is no membership fee and the agreement is non-exclusive.

Critique: This service will only be helpful to those interested in licensing their music for use in commercials, movies, tv etc, but again just as with royalty collection from SOCAN, earning a lot of money through this means is not that easy. However, if you manage to get a song picked up by a major car or computer company who regularly buys advertising time in which your song is featured, you’ll be rolling in the dough!

I’ve been a member with CMRRA for just over a year now, and I have not used their service. I prefer (as I have my own lawyer, and a strong background in business) to negotiate my own licensing agreements.

Additionally, indie artists tend to be offered several non-paying licensing opportunities that are truly beneficial in terms of the exposure they provide, and in such a case being a member with CMRRA wouldn’t be advantageous.

While I think CMRRA offers a valuable service, I do not think it’s essential for music publishers to become members of this agency if they have the business-know how and legal council to manage their negotiations independently. Secondly, licensing opportunities tend not to be presented to you until you are a fairly established act, so for new indie acts, don’t worry about this one for now.
(*More to come on licensing in a later issue)

5) The Canadian Organization of Campus Activities (COCA)
http://www.coca.org/
Overview: The Canadian Organization of Campus Activities represents both the post-secondary schools seeking entertainment acts to bring to their college/university for special occasions such as orientation week, and the entertainment acts themselves (musicians, variety/comedy troupes, djs etc) both independent, and those represented by booking agents.
COCA hosts several showcase conferences, both on a regional and national level in a given year in which representatives from each school are invited to see selected acts perform. The showcase acts are selected through an adjudication process in which only the acts which are gaining momentum in the industry and/or are seen as groups that have a wide range of appeal are typically booked (which most often does not include harder styles of music including punk or metal or anything that could be deemed offensive). The idea here is to allow showcase acts to demonstrate their abilities to who could be considered potential future employers. These performances often dictate the acts that are booked for the major upcoming celebrations of the next school year. Usually favourable acts from these showcases end up doing campus tours.

In addition to performing at these events, each act and school is required to set up a booth for the weekend at which other members are able to gain further information about your group or school. These events typically are thought of as “smoozing” (shameless self-promotion) opportunities.

Fees: In order to have access to any of COCA’s services, a talent group must first become an associate member which costs $275 + G.S.T./year. This membership entitles the group to a listing in the membership directory & buyer’s guide, a subscription to COCA notes, and eligibility to perform at showcases. A website link on COCA’s official site can be purchased for an additional $25 + G.S.T.

In order to appear as a showcasing artist at one of COCA’s events, an act/individual must first apply through Sonicbids ($30 USD + G.S.T.). This fee is non-refundable, even if your act is NOT selected. If your act is selected to perform, there is an additional showcasing fee of $200 + G.S.T plus a mandatory booth booking fee of $250 + G.S.T.

As you can see, these fees add up fast likely making it out of the realm of possibilities for many independently-represented self-funded acts to become members and take advantage of COCA’s offerings.

Critique: Though this process is expensive, if it worked as it is outlined in theory, it could be worth it in the long haul. However, from both observation and personal experience, I can tell you that the majority of the acts booked for campus tours are already represented by one of the two major booking agencies in Canada: SL Feldman & Associates or The Agency Group, and usually these acts are NOT the selected performers from COCA’s conferences.

While some bands have profited through their COCA connections, I have found that by and large they are NOT the independently-represented acts. Additionally, if one is determined enough, he/she would be quite capable of gaining all of the entertainment booker contacts for all of Canada’s post-secondary institutions online FREE of charge. It just takes a little research.

Lastly, while the college/university crowd may be appropriate for singer/songwriter types, or mainstream rock acts, acts such as the ones in my genre of hard rock tend to appeal to a younger demographic. So, in the event you are considering a COCA membership for its showcase conference opportunities, make sure you consider whether your genre will work in the college/university scene.

6) Canadian Academy of Recording Arts and Sciences (CARAS)
http://www.carasonline.ca/
Overview: The Canadian Academy of Recording Arts and Sciences is best known as the host of the annual Juno Awards. According to their website, “[musician] involvement is key as CARAS relies on the active participation of industry professionals to uphold the fundamental Juno process; created specifically and solely to enhance our music industry through an annual, nationally televised awards show.” The chief reason to become a CARAS member is to enable you to take part in the Juno nomination and voting process. Additionally, CARAS members receive a discounted ticket rate for the Juno gala. Aside from its Juno-orientation, CARAS is also affiliated with MusiCAN, a government music grant funding program for young Canadians, as well as the Canadian Music Hall of Fame.

Fees: In order to be eligible for membership, you must currently be an active member in the music industry. Memberships run annually from August 1st until July 31st of the following year, and cost is $50 + G.S.T. per person.

Critique: I think it’s important to take an active interest in one’s industry, and to assist in selecting the artists whom you feel deserve honourable mention for their artistic contributions. My issue however lies in nomination criteria (much like the unreasonable demands you will soon learn about in Canada’s grant programs) which limits the entry of independently represented acts who although may not have attained financial success, they have still contributed a great deal of artistic merit to the music scene. Unfortunately, artistic merit does not constitute musical contribution or nomination-worthiness in the eyes of most music industry professionals.

On a side note, I find that generally Canadians are more apt to watch American music award shows rather than our own, as US bands tend to be more dominant in the industry as a whole, and additionally, the production quality between the two is pretty substantial in the favour of the US.

And finally,

7) Canadian Independent Record Production Association (CIRPA)http://www.cirpa.ca/
Overview: CIPRA is a trade organization that specifically caters to the independent sector of the Canadian recording industry. Labels, managers, producers, studios, and distributors are eligible for membership so long as they fulfill the specific outlined criteria applicable to their field (please see website for more extensive details). CIRPA’s mandate is “to secure a strong and economically stable Canadian independent music and sound recording industry”. CIRPA hopes to achieve this goal by assisting with improving the “economic viability and well-being” of the independent music and sound recording sector in important areas such as: Canadian content, copyright law, international marketing, cultural industry policies, government and industry relations, music assistance programs, market research and development, and finally tax laws and tariffs.

Additionally, CIPRA recently signed an exclusive agreement with Musicrypt which enables their members to transfer broadcast quality digital files through its Digital Media Distribution System (DMDS) online to radio, press, retailers, and concert promoters eliminating the need to send out album hardcopies to media-related representatives which cuts down promotional costs substantially. The regular cost of this service is $3.50 per track/per destination. CIRPA members can take advantage of this service at the reduced rate of $2.95 per track/per destination.

Fees: Depending on one’s annual income, various voting membership packages are offered ranging from $200 + G.S.T. per year to $2000 + G.S.T. per year, and in order to qualify for voting privileges, you must be: a Canadian citizen or landed immigrant, actively engaged in the creation, production, and distribution of records, supportive of CIRPA’s objectives, recommended for membership by at least one voting member, and finally, you must qualify into one of the aforementioned categories.Those interested in becoming non-voting affiliate members are only required to pay a standard rate of $200 + G.S.T. annually.

Critique: This association is more geared towards those on the business side of the music industry as opposed to actual artists as evident by their membership categories. However, being apprised of CIRPA’s efforts, especially those relating to government lobbying, Canadian content, and copyright law is essential as their decisions may impact your career in a serious way.

Please note that this list is not exhaustive. What I’ve attempted to do is provide you an overview of what I feel are the most vital musician associations in Canada.

If you are interested in learning more about the many services that are available to you as an artist, I strongly urge you to visit http://www.overhear.com/ and check out their resources page.

About the Author:

Rose Cora Perry is the frontwoman for Canadian hard rock band ANTI-HERO known as “The 21st Century Answer to Nirvana”, as well as the sole owner and operator of HER Records, a management company in which she offers marketing, promotion, publicity, tour booking, and artist development services.

Her band ANTI-HERO has toured extensively across North America playing notable festivals such as Warped Tour, Canadian Music Week, NorthbyNorthEast, Wakefest, and MEANYFest.

Voted “Best Rock Act of the Year” by numerous industry publications, their critically acclaimed debut album, “Unpretty” is available worldwide for purchase.

Rose Cora Perry is a dedicated promoter of D.I.Y. ethics, and an avid supporter of independent musicians.For more information on Rose Cora Perry and her band’s accomplishments, please visit http://www.anti-hero.ca/ or http://www.rosecoraperry.com/