Think Before You Sign

I figured, ‘If I ever get offered a chance to sign a deal, I’ll only do it if I got to do it how I want.’ So my contract is structured in such a way that I’m really protected. – Regina Spektor

In the first article published here we shared information on the financial impact piracy has on musicians as opposed to the industry as a whole. The obvious conclusion from that article was that paying for music from a legitimate vendor is the best way to support the music you love. Unfortunately, given a couple of articles that have come to our attention in the past couple of months, this isn’t always going to be true. There is another filter your money has to get past before the band can see it. The Label.

Signing to a label, large or small, is almost universally the next step for an up-and-coming artist. These groups will work to spread the word about your music and help you tap markets that would otherwise have been nigh untouchable. The vast majority of the time (almost entirely, in fact, so don’t let this article completely cloud your judgement) this is a positive and progressive step that will get your career, if not to its destination, well on its way. Unfortunately, as in all things, there are those willing to take advantage of those new to the game. What follows are two accounts where the trust a young band had in the alleged professionals at their labels was profoundly violated.

Colin Buchanan of Paper Lions at The Mackenzie Theatre. Copyright mynameismoe. Used with permission.

You would easily be forgiven if you have never heard of Paper Lions (check them out here). If you’re not from Canada you may not even have heard of Prince Edward Island, our smallest province, which they call home. Two and a half years ago they created Trophies, their 4th recording, entirely on their own dime. Shortly thereafter, the EP attracted the attention of a label with whom, after a period of negotiation, they signed and Trophies was published. Fast-forward 18 months to the present day. The record has been selling for a year and a half. The band should have earned a decent amount of money to put towards their next album (not to mention rent and food). That’s ‘should have’ because, as the band wrote in this open letter, they have not yet seen a cent from the record’s sales. Nothing from Amazon, iTunes or even regular old walk-in-the-door stores (those that still exist, anyway.) So what is a young band to do? They would likely win a court case but where’s the money for legal fees to come from? Instead, they took a different tack. They’re taking their story to the people and giving away their record in the process. (You can get it in the open letter linked above.) By doing so, they’re generating more buzz about their music than the label was ever able to provide. After all, everybody loves a scandal.

OK Go at Oregon State's MUPC Flat Tail Festival 2011. Copyright jef tsang.

Something like this couldn’t happen to a better-known, more established band, right? You’d hope so. OK Go learned otherwise, though. The band that made a big splash with this video have had their share of successes, including a million dollar deal with Chevrolet wherein the band was granted a free rein to do what they pleased. So where did things go wrong? In their brief period signed to EMI (who unceremoniously dropped them when they deemed they ‘weren’t a commercial proposition’) the label created a music video for them. The budget for this video? $505,000. Who’s paying for it? OK Go. Due to a fancy bit of legal wrangling, EMI is claiming all revenues from the video as ‘unrecouped expenditures’. The publishing expenses of this video are independent from other expenses and revenues and the label is allowed to reclaim them. So the band will likely forever be in debt to EMI for this video (which they originally pitched with a budget of just $65,000, we should add.) As their manager puts it, ‘you won’t get rich just by having an internet hit.’ Fortunately, OK Go has several and they’re making every one count.

So what does this mean to you and I as music fans? Well, Paper Lions did state that they did get all the funds from sales of their record at shows so, as we said in our first article, that is still far and away the best way to ensure your money gets to the band. Otherwise, this is more of a cautionary tale for new artists (and everyone else, for that matter.) Be aware. Carefully read over anything before you put pen to paper. If it’s something of real importance or if you don’t understand the legalese, get a trustworthy lawyer to look it over.

Unfortunately, Paper Lions did not mention who the label was that they were dealing with. So, while we could speculate on who the guilty party is, we shall refrain from naming names. If you are an artist and want to know whom to avoid we can only suggest you contact the band directly.

Also, a brief reminder that there are still 2 weeks left to get in your entry to win a copy of Arkells’ Michigan Left. Send us your independent music story (topofourlungsblog@gmail.com) before the end of March and you’re entered. That’s it.

Community Across the Ocean

“Home is where your heart is so your home is in your chest.” – Captain Hammer, Dr. Horrible’s Sing-Along-Blog

When it comes to independent music, everyone needs a jumping off point, a reason to break out from the mass-media offerings and explore the vast depths of new and invigoration (sometimes terrifying) music available. Some of you have a friend or relation, some stumble upon it accidentally, some just get fed up and set out across the musical seas like Columbus, seeking out a new land in which to settle. (Okay, I know Columbus wasn’t seeking a new land but a passage to India. Let me have my analogy.)

After a short trip across the waters you will find yourself in a brand new world full of massive self-made communities solely dedicated to the great music that residents of the Old World had never dreamed could exist. Integrating yourself into a community, you’ll find not just a shared love of music but a desire to share it, to show others the passage across the ocean. That has been the mandate of one such community for over a decade now and, with their latest evolution, they may have finally built a bridge.

CBC Radio3, founded way back in the year 2000, is made up of a small but dedicated group of individuals devoted to building that bridge and sharing the plethora of independent Canadian music with as many people as possible. They can rightfully take some credit for developing the fan-base of groups such as Metric, Arcade Fire and Arkells. It would seem an impossibility that there might be a more enthusiastic group than this… but you should meet their fans.

Should you pay a visit to the blog of the current show you will have stumbled upon one of the friendliest, most open communities on the internet. Stay for a few days and you’ll have friends from coast to coast and around the world. Bloggers are drawn by discussions about music but stay for the camaraderie. It was from this community that the CBC mothership drew the inspiration for their latest project.

Who wouldn’t want to have a place they could go to openly discuss the music that drives them? That is what CBC Music provides. That and a repository of everything relating to music from George Strombolopolous’ show to Q to Radio2 streams from across the country. In addition to this, there are now 40 brand new genre-specific streams, each with their own communities for you to join and interact with (only available in Canada for now). Need a pick-me-up? Throw on some rock. Want to relax after a long day? They have all the classical you could want. Whatever your tastes, there’s something there for you.

Best of all, the inspiration for it all is up there with them all. With the jump to this new hosting space alongside all the other better-known musical sources, one could make a strong argument that Radio3 has finally completed their trans-oceanic bridge. They’ve made landfall in the Old World and are inviting everyone across to see what they can find.

In the spirit of sharing new music, Top of Our Lungs is inviting you to share your story with us. Send us an email (topofourlungsblog@gmail.com). Tell us your tales of community. Share with us how you came to find independent music. Who was or is your guide to the lands of independent music? Who would you like to bring over? Your efforts won’t go to waste, either. In the spirit of sharing, the best story will win a copy of Arkells’ break-out album Michigan Left on digital download. As well, we’ll publish your story in a future post on the blog. You could be internet famous!

So what have you got? We can’t wait to hear from you.

Entries must be received by March 30th, 2011 at 11:59PM.

Mecca (noun) A place that attracts people of a particular group or with a particular interest.

In the interest of spreading free music I thought I’d share this little treat with you. My friends over at Canada is a Music Mecca are hosting a contest. When they reach 200 ‘Likes’ on their faceebooks they’ll be giving away a $20 gift certificate to Zunior.com!

Go on and give them a ‘Like’ and check out their blog. Stick around for a while and listen to an episode of The Moe ‘n’ Martin Show while you’re there. You won’t regret it.

Don’t Take My Word For It – Starting Small

My words were Egyptian hieroglyphics before the discovery of the Rosetta stone – Andrew Davidson

So since I started this space to yell about things I figure I ought to do some reviews. The problem is that I’m currently unemployed. For those of you new to that concept that means no new monies. No new monies mean no new records and no going to shows. I’m not yet big enough to go knocking on the label’s doors asking for handouts so what’s a guy to do?

Musical welfare.

Looking at the albums I’ve acquired over the past couple of months there’s one thing that stands out. Most of them were free. I kid you not. 13 of the 19 newest records on my computer were/are being given away. It’s an excellent way for new artists to get their music out there. As my first article showed, you don’t make a whole lot on individual sales (but you’d make a lot more if people would stop stealing it). So why not give it to people free? If they like it you’ll have a new fan and they’ll be ingratiated to you and hopefully buy your future work. After all, you have to start small. That’s what I’m doing. It doesn’t get much smaller than a 7″ single.

Maylee Todd – Hieroglyphics

Maylee Todd has been circling the music scene for a while now, making appearances as a member of Woodhands, Henri Fabergé and The Adorables, and The Bicycles. In June of 2010 she released her first solo album, Choose Your Own Adventure, followed a year later by Do Right! Serato Pressing (both on Do Right Music).

Now she’s back for a third round. Her latest release, a 7″ single on the aforementioned label, is titled Hieroglyphics. I may be starting small on a single but my oh my is this track big. Maylee has taken on the 70s and 80s in this 4:55-long gem. In doing so she has done more credit to those decades than they have ever done for themselves.

Listening to the opening licks you may think you’ve accidentally spun up some Barry White (slightly concerning since I don’t own any Barry White). That’s not an unfair comparison for Todd. She may not have the deep, resonating bass but her vocals definitely drive this tribute to the disco-funk sounds that filled the clubs 30 years ago. Hieroglyphics tells the tale of two ancient Egyptian lovers who were forbidden from seeing each other by the Pharaoh. Through the narrative, the woman writes a hieroglyphic love letter, telling her lover to meet her in her dreams or in the afterlife. It is a sad tale but told triumphantly with a blend of guitar and synth.

I challenge you to download the track (here. It’s free, remember?) and not dance in your seat while you listen to it. If you like it then consider buying the record  (‘Buy’ as in ‘this one’s not free.’ Sorry.) It’s available on vinyl and digital download here.

Oh. And that lyric in the chorus you’re wondering about? ‘Everybody needs a mouth to mouth.’ As in the breath of life.

From Homage to High-Jacking: Where’s the Line?

This is not The Greatest Song in the World, no.
This is just a tribute. – Tenacious D

Music and art are intensely social entities. They are fluid from inception to presentation, constantly being interpreted and reinterpreted. One artist’s work inspires another’s which then inspires another’s, forming a long chain of influence. The question is, at what point and to what extent is it required to obtain permission from and/or give credit to those further up the chain from you?

At the Times Square New Year’s Eve celebration, Cee Lo Green was asked to perform John Lennon’s Imagine. Credit was given by the hosts of the televised broadcast just prior to the performance (as you can see in this video on The Hollywood Gossip [fast-forward to 2:55 and mind the noise-makers.]) The issue here isn’t with credit but rather the simple change Mr. Green made that spawned numerous criticisms. Where the lyrics were originally written as “Nothing to kill or die for and no religion, too” Cee Lo opted to sing “Nothing to kill or die for and all religion’s true”. Obviously a controversial change but we won’t be getting into that debate. Rather, we’re asking if he was wrong to make the change in the first place. Is this or any song beyond another artist’s reinterpretation? No. Here’s why.

When an artist produces a piece of work there is always going to be a message they want to attach to it. If they are covering another artist’s work, they may not agree with the originator’s message. As such, they are free to make what changes they wish to the music, the tone or the lyrics. If they don’t, they misrepresent both themselves and the music. (Picture a renowned vegetarian doing a TV spot for a Steakhouse.) By altering the lyric as he did, Mr. Green presented himself honestly and allowed the audience to interpret his performance as his own. That is both the presenter’s prerogative and obligation.

Similar to this situation, a recent edition of Mark Twain’s Adventures of Tom Sawyer and Huckleberry Finn by NewSouth Books replaced all instances of the word “nigger” with “slave” and refrained from using the word “Injun”. Again, this is a controversial decision to make; one that will stir up discussions of racism and censorship. Ignoring that, however, how does NewSouth do when it comes to presenting this new product to the public and attributing it correctly?

As you can see from the cover image on the publisher’s site, the book is still presented as ‘Mark Twain’s Huckleberry Finn’ but with the added subtitle of ‘The NewSouth Edition’. The publisher has also added a note that the novel has been edited by Alan Gribben. Then, in his foreword, Gribben addresses both his interpretation of Twain’s original intentions in writing the novels and his own reasons for the edits mentioned above. Much like Cee Lo’s performance, while there may be much to discuss about why the changes occurred, all credit is given and all changes are acknowledged as belonging to the editor. Their execution in no way violates the relationship and respect required between the creator and those they inspire.

So those are two situations where a controversial change was made and handled well. The controversy lies elsewhere in this next tale. In 2006, Jess Fink, a cartoonist and illustrator, was offered a job by Todd Goldman, founder of the well-known David and Goliath, purveyor of  ’stupid apparel’. Nothing came of the offer until a few months later when she was made aware of a number of designs on the D&G website that appeared to be ripped off from those she had for sale on Threadless. This wasn’t the first nor was it the last time she was plagiarised. The entire debacle is chronicled on Fink’s tumblr and is well-worth reading. Goldman is clearly in the wrong here. To violate not one but numerous artists‘ copyright but to do so after offering one a job producing such designs as you’re stealing is atrocious. No discussion is necessary here but it sets us up nicely for the final scenario.

About a week ago, Eric Wood, founding member of the ‘powerviolence’ act Man Is the Bastard, discovered that indie-folk troupe Akron/Family had been selling t-shirts featuring the MItB trademark skull logo (Pitchfork). This upset Wood a great deal and prompted him to post vulgar messages to A/F’s facebook wall and asked his fans to follow suit.

So where does this fall in the spectrum? Akron/Family certainly profited off of a product prominently featuring Wood’s “work” (more on the need for quotation marks later). Would anyone who bought the shirt have done so if they weren’t already a fan of Akron/Family? Wood was also in the wrong here, opting to post hateful and abusive messages in a public forum as opposed to contacting a lawyer or the label and issuing a Cease and Desist order. Alternatively he could have simply contacted Akron/Family, as former Man Is the Bastard member Israel Lawrence did. He would have found out there’s more than sheer plagiarism going on.

The entire conversation between Lawrence and A/F bassist Miles Seaton has been documented by Brooklyn Vegan. As it turns out, Seaton is actually a big fan of MItB. Their music was highly influential to him as a teenager in the ’90s and is part of the reason he is even involved in music. The use of the logo was intended as an homage to a band he thought was long-since defunct. Due to the mediation of Lawrence, Akron/Family posted the explanation for the logo use to their facebook. No disrespect was ever intended and, while initially in the wrong, Seaton has admitted to the mistake and made amends.

As for the “work” of Eric Wood’s I mentioned earlier, apparently the logo isn’t all that original after all. In this interview with VICE he explains how the skull came to be.

 I went to a library, found the skull in some medical journal, flipped it, made all the fonts super bold and brutal, and that was it.

So was Wood raging about the plagiarism of his plagiarism?

The Impact of Piracy

The average man will bristle if you say his father was dishonest, but he will brag a little if he discovers that his great-grandfather was a pirate. — Bern Williams, National Enquirer.

So this summer the topic of music piracy came up in discussion with a coworker. Now I know this is a topic that has been done to death, but between the SOPA/PIPA debates in the US (and our own, much quieter, legislation here in Canada) and several other articles I’ve read of late, I felt it was a topic worth looking at.

My coworkers argument for his illegal downloading was that buying albums online or in stores translated into such a small amout of revenue being paid out to an artist that you weren’t really supporting them much at all. He also argued that the only way to really support an artist financially was to see them live in concert.

So is this true? Is buying an album from HMV, iTunes, Zunior or your local record store really a fruitless means of supporting your favourite band? Well, this article from Information Is Beautiful seems to support this argument. According to their research, an artist makes $0.94 per $9.99 album and $0.09 per $0.99 track downloaded from iTunes, and between $0.30 and $1.00 per retail album sold, depending on their royalty agreement. That means an artist would need to sell 1,229 albums or 12,399 tracks on iTunes per month to be making minimum wage in the United States ($1,160).

Doesn’t seem like your purchase makes a lot of difference, does it? Let’s look at more numbers. iTunes sales account for approximately 70% of all digital music purchases in the U.S. (Music Industry Blog) and have remained steady around that value for several years. Digital music sales also surpassed their physical compatriots for the first time in 2011, accounting for 50.3% or 1.27 billion sales (AUX.tv). What mix of songs versus albums these sales account for is unclear. For the sake of simplicity let’s assume it’s all single tracks. That would mean iTunes saw 889 million sales, accounting for just over $80 million in revenue for artists. Not bad but not great given the number of artists hosted on Apple’s digital music service.

So it would seem like there’s some truth to this argument. If iTunes is the dominant source of sales and they’re only generating $80 million per year for artists then you could justify your illegal downloads, attesting that you’re not really hurting an artist’s bottom line. Truthfully, an individual download doesn’t hurt that much. The problem is that only 16.5% of all digital downloads are legal (The Daily Swarm). If there were 1.27 billion tracks sold by digital services last year that means nearly 6.5 billion more were downloaded illegally. If all those had been bought from iTunes instead it would mean another $585 million in revenues for artists.

Can you do better by seeing an artist live? Maybe if you buy their record from the merch table. But how often do you go to shows each year? How often does an artist play a venue nearby when you’re available to see them? If they aren’t local, there’s the hidden costs associated with touring (fuel, food, lodgings, vehicle rental, etc.) For many bands just starting out, venues really aren’t willing to shell out a decent wage for a show and/or expect the group to bring in a crowd of their own. (Here‘s an excellent article on the follies of these plans for you to read.) These are especially difficult prospects to face, especially when you’re just starting out.

So think about this the next time you start a torrent. Where does the money come from to pay the people who worked to make that album a reality? Is $10 really too much to pay to help that musician cover their rent this month (The Globe and Mail)?