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Volume 1, Issue 3

The gig portion of your music marketing is obtained by

partnering with an entertainment agency who book gigs for

you (good gigs can get you some PR too.) Small music labels

will just try to book their own gigs. Note that an entertainment

agency for gigs is not the same as an entertainment agent that

an actor would have.

For the retail part of the music industry, a record

company would hire a retail promoter, whereas

a small independent record label would just callstores on their own. Note that this is NOT the

same thing as music distribution, which is

simply a middleman between the record

company and the music retail stores... they just

take retail orders once the retail promotion

person causes them to happen. If you have no

retail promotions person, you will have no sales, regardless

of the radio you do.

The entertainment industry has a few other entities you will

have to work with... like the music manager (i.e., personal

manager) and the entertainment lawyer. While they are not

into music marketing (or mass media) details like a record

label or radio promoter would be, they are needed with things

like music publishing and general organization once you are

on the road (but probably not before.

Contact Bryan Farrish at:Bryan Farrish Radio Promotion

14230 Ventura Blvd., Suite A,

Sherman Oaks, CA, 91423

Phone: 818-905-8038

There are two options for your independent music in the music

business: You can either try to be your own record label (and/

or PR firm, music company, entertainment agent, etc.), or you

can partner with others who will do the work for you if you

pay them. Either way, you need to now who does what.

A Record label, PR firm, music manager, music publishing

company, entertainment agency, music distri-

bution firm, entertainment lawyer, music

magazine, and most any other entity in themusic industry are all part of a mass media

wheel that generates airplay, publicity, gigs

and record (CD) sales. All this is part of a

record deal (from a record label), or, it can be

used to get a record deal. Alternatively, you

could decide just to keep as much of it in-

house as possible, thus creating your own operation. This is a

realistic option if you will be in the business for five or more

years, and you are willing to work at least 30 hours a week at

it.

A real record company handles four basic areas of music

marketing: Radio, PR (public relations), gigs, and music retail.

The radio portion is what this entire site is about; radio is the

most complicated part of the music industry, and the most

expensive part of the budget of a major record label. If you

hire an independent radio promoter, they can also help a little

with PR, gigs and retail, provided the airplay campaign is

large enough.

The PR (publicity) portion of the entertainment industry is

obtained by hiring a PR firm (or PR person). A large record

label has these people on staff, but still hires out for them. A

smaller independent record label sometimes will just try to

do its own publicity, maybe by just focusing on some local

music magazines. Big mass media music magazines, however,

will be beyond what an independent music label can get.

Music Industry Connection

RADIO AIRPLAY 101

Network!

Negotiate!

Know the Business!

SPECIAL PRINT EDITION OF THE MONTHLY E-ZINE (ELECTRONIC MAGAZINE) THE MIC

Second Quarter 2003 F r e e !

Network! Negotiate! Know the Business!

Below is a brief list of names ofpersons and companies that have

played a role in assisting MusicTherapy 101 continue its success-ful journey. Thank you!

Boogie Report Newsletter, Hip HopEncounter Newsletter, Cybertainer, AliShabazz/ Bama Hip Hop, Cha-WHY?Entertainment-Washington D.C., RobWright/Sony Music Entertainment,Patricia Bower-Bower Entertainment-Ohio, HomeTownHipHop.com Dorsey,Vonico Nico Don Johnson, BryanFarrish Radio Promotion-Los Angeles,DJ NY City Ken-Hidden Beach Re-cordings, Musicians Network.COM,James Bullet Hickman-Official Con-tact Pages to the Music Industry, NinaAlbari, Johnny Mims, Reggie Regg-Mo Music 790 Cascade Ave., Atlanta,Hikmah Osi-Efa-Tribal Markings En-tertainment, Lesia Tyson-Total Re-

cording Kept Simple, Ray Culpepper-A-Town Filmworks, Yavonna Glenn,Myron Jones, Micahel Baldwin-Versa-tile Productions, Rasheda Jordon,Ihsan Ujamaa, George Davis &Natasha Lee-Big Boyz Records-LittleRock, Arkansas, Joyce Jenkins-CeeGee Entertainment, AP Entertain-ment, Tarik Scott-INAB/World Pre-mier, Professor Griff of the LegandaryHip Hop Group Public Enemy, 4-IZE,Khalil Stokes, Shontae Gilley, PeterSpellman-Music Biz Insight, GayleCorn-The Loop e-Newsletter-Los An-geles, VIP Records, Islam-Shine En-tertainment, Moses Dailey-Atlanta En-tertainment Association, Karl Wash-ington-Entertainment Attorney-At-lanta, Dr-Love

MT101 is not only informative, but

inexpensive and a great opportunityto network and join forces with othersin the entertainment industry. MT101brings the gap together of those whohave been in the industry for a whileand for those just starting.... Not likeother seminars that cost a lot and donot spark your mind or inform you ofthings that you need to know. It bringsmajors/independents and strictlyunderground to a place to meet, shareideas, and support one another.Dee Dee Cocheta, of A Black ClanRecords

Thank you again for inviting me downto Atlanta for the seminar. I really hada great time. The panelists were allgood, the people were cool and it wasgreat fun meeting and talking with yourd a d ! Steve Gordon, Music EntertainmentAttorney

Get updates onMusic Therapy 101Workshopsand the Music Bizby joining the email listat www.mt101.com

The Overall Picture of Music Marketing

Press 1,000 Retail Ready

CDs Without Using Your

Own Money Workshop

Call 800-963-0949

Bryan has spoken at

Music Therapy 101

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The MIC

Written by Marty O'Toole

Copyright protection has been set upto protect the publics interest in

general knowledge. Its primarypurpose is not to the benefit of the

author, but to benefit the public.

Today, once an original work of

authorship is fixed in a tangible

medium of expression, it is protected.

Original simply means that it was

independently created and not copied.

Ideas themselves are not protected.

But, the particular expression of ideas

are protected. Facts, regardless of how

discovered or how arranged, are not themselves protected (no author can,

thus, take information properly belonging to the public). General notions or

themes are not protected. The thinking is that certain scenes promptparticular plots and storytelling and are not protected.

Titles, (band) names, short phrases, slogans, ideas, discoveries, concepts,processes, for example, are not protected. Look to trademark and patent

protection and various state laws for possible protection [U.S. Patent & Trademark

Office: (800) 786-9199].

Copyright protection automatically exists from the moment an original work

is fixed in a tangible form of expression. Registration is not required, butthere are significant benefits for timely registering the work (e.g., statutory

damages, legal costs/ attorneys fees). (Timely means filed before an

infringement takes place or three months after publication). A lawsuit for

infringement may not be brought until the work is registered.

The length of copyright protection depends on when it was originally created.

For works created on or after January 1, 1978: the length of the term isthe authors life + 70 years. Joint works = 70 years from the death of the last

surviving author. Works made for hire = 95 years from publication or 120

years from creationwhichever is shorter.

For works created before January 1, 1978: figuring out rights can be a bitof a mess and therefore it is important to see, for example, if proper registration,

publication and renewal occurred. The Copyright Office sums it up this way:

Under the law in effect before 1978, copyright was secured either on the

date a work was published with a copyright notice or on the date of registration

if the work was registered in unpublished form. In either case, the copyright

endured for a first term of 28 years from the date it was secured. During the

last (28th) year of the first term, the copyright was eligible for renewal. The

Copyright Act of 1976 extended the renewal term from 28 to 47 years for

copyrights that were subsisting on January 1, 1978, or for pre-1978 copyrights

restored under the Uruguay Round Agreements Act (URAA), making these

works eligible for a total term of protection of 75 years. Public Law 105-298,

enacted on October 27, 1998, further extended the renewal term of copyrights

still subsisting on that date by an additional 20 years, providing for a renewal

term of 67 years and a total term of protection of 95 years.

Public Law 102-307, enacted on June 26, 1992, amended the 1976 Copyright

Act to provide for automatic renewal of the term of copyrights secured between

January 1, 1964, and December 31, 1977. Although the renewal term is

automatically provided, the Copyright Office does not issue a renewal

certificate for these works unless a renewal application and fee are received

and registered in the Copyright Office.

Los Angeles Music NetworkP.O. Box 8934

Universal City, CA 91618

Washington Area Music Assoc.1101 17th St. NW, 1100Washington, D.C. 20036

Colorado Music Association8 E. First Avenue

Denver, CO 80203

Georgia Music Industry Assoc.P.O. Box 550314Atlanta, GA 30355

Get Connected

A Rough Sketch ofCopyright Basics

Publisher/Editor N Chief-JaWar

Writers

Shonta Gilley, Marty O'Toole, Bryan

Farrish, JaWar

Layout Crafted by - Alfred Bacon

Music Industry Connection, LLC

P.O. Box 52682, Atlanta, GA 30355, USA

800-963-0949 www.mt101.com

info@mt101.com

The Music Industry Connection, LLC is

meant to inform you about future Music

Therapy 101 Seminars, give you industry

insider information and provide you with

tips and resources to help you achieve your

goals and realize your potential. Receive

the MIC monthly by joining the email list

at www.mt101.com. Know thyself.!!!

Copyright 2003 Music Industry Connection

Public Law 102-307 makes renewal registration optional. Thus, filing for

renewal registration is no longer required in order to extend the original 28-

year copyright term to the full 95 years. However, some benefits accrue from

making a renewal registration during the 28th year of the original term.

The process of registration is relatively simple and cheap ($30) and it serves

to provide notice (which may place a potential infringer on notice and

discourage infringement). Registration also helps to establish the time of

creation. And it may provide clarity early on as to particular rights in the

underlying work.

Once registered, the validity of your copyright is presumed, and this

registration allows you to immediately take action. Registration coupled with

a cease and desistdemand may command prompt compliance from a would-

be infringer (with minimal aggravation and expense). Writers should also

avail themselves of registration via The Writers Guild. The Poormans

Copyright is also a good idea. (While use of a copyright notice was

once required as a condition of copyright protection, it is now optional, but a

good idea nonetheless, once registration has been perfected.) Ownership

comes in three packages: individual owner, joint owners, works made for

hire.

Joint owners: If two or more persons intendto create a joint work eachauthor is an equal share owner of the work regardless of quality or quantity

of input. Unless there is an agreement stating otherwise. (Each must make an

independently copyrightable contribution to the work even if minor andully intendto be a coauthor). Joint owners own an undivided interest in the

work and may independently use or license the workwithoutthe permission

of the other, so long as they account to the other for profits. Intent is king.

(Courts look to see who has decision-making authority/how parties bill or

credit themselves/and written agreements/emails, etc.)

Work for hire: prepared within scope of employmentor where ordered or

commissioned, if the parties agree in writing that the work shall be considereda work made for hire. In this context, the employer is deemed to be the author.

(Much of this is fact driven: for example, whether the hiring party controls

the manner and means of production, the skill required, whether taxes are

paid by employer, the existence of employee benefits.)

The owner of a copyright has the exclusive right to reproduce the work,

distribute copies, perform the work publicly (the definition ofperform isvery broad), display the work publicly, and prepare derivative works

hat is, substantial and creative alterations which include an abridgement,

condensation, or any other form in which a work may be recast, transformed

or adapted, based on the original work.

...Continued on page 4.

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Marketing and Public Relations 101

Every big star has great public relations, a publicist

and marketing company to ensure their success. Take

a look at todays artists that are most successful and

why? Im talking about your J-Lo's and your Jay Zs,

and even down to your dirty south brothers like

Ludacris.

They are soaring high and being financially

compensated in a big way because media wont let you forget them. They are

blasting from the radios of your cars and even the one next to you. They are

on every channel you turn to and every time you pick up a magazine or

newspaper that awesome presence is there, big bold and up in your face

demanding you to want more.

You know why?

Because in todays industry and especially with our current economy it is

imperative and a critical tool that must be carefully researched in order to

remain successful in the eye of the consumer and keep them.

Independent research studies conducted by and for African Americans haveshown purchasing behaviors to prove over and over again consumers purchase

items for a variety of reasons, but mainly name recognition and brand loyalty.

That is where public relations and marketing are most critical to your success.

In direct relation to the music industry, audience impressions are a major

factor. The more a consumer can see and hear you, the more aware of your

name they are and can immediately relate to you in some way.

The main difference between marketing and public relations is that when

developing marketing tools you want to select are selling a product or

marketing campaign. While in the world of public relations you are providing

a voice for your project that relays your message to your audience.

PR companies create and relay information regarding clients. Good or Bad.

They spend a lot of time pitching stories about the client to all forms of media.Once a story or event has relayed the facts surrounding the client to the media,

then Marketing comes into play with any use of promotional products selected

to make the public aware of WHO you are.

That can consists of many items such as CD Samplers, T-Shirts, Stickers, and

Posters, which are normally giveaway items. Some artists even go a step

farther and have special performances at events unrelated to them. These costs

must be taken into consideration when projecting budgets for events,

appearances, performances etc depending on the company and or event. Some

key things to remember:

Be sure You AND Your Management are covering your Marketingpromotions and PR campaigns. ALWAYS research any events or productsrelated to your project. Do your homework! Know your market!

Shonta may be contacted at goshontae@yahoo.com.

Have You Done Your Homework?

SPECIALIZING IN ENTERTAINMENT

ACCOUNTING SERVICES

Are you in need of sound, affordably priced accounting/

financial planning advice from a professional?

Easily understood guidance related to all aspects ofentertainment accounting from corporate filing status to

tax planning.

Call (202) 271- 8020 jamilahdavis@hotmail.com

Evaluution Studios

By Appointment Only

Call 404 840 3846

Smoove EntertainmentSmoove EntertainmentSmoove EntertainmentSmoove EntertainmentSmoove Entertainment

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Reasonable prices. We will work with you!

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Make Money!

Contact

800-963-0949

ADVERTISE HERE CALL 800-963-0949

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Continued from page 2...

Today, an owner may transfer his or her property rights, or any devisable portion of his or her rights, but must do so in writing. Therefore, an author can sellor grant a license to a movie studio to make a movie, a theater company to publicly perform the work, a book publisher to publish a book, while retaining yet

other derivative rights. [A nonexclusive transfer need not be in writing. A party who has a nonexclusive right in a work (e.g. ASCAP. BMI) may not bring

suit]. An oral agreement later reduced to a writing may be sufficient.

Generally speaking, a party claiming infringement must primarily demonstrate they the idea is original to them, that the would-be infringer had access to

their work, that the complained of infringement is substantially similarto their work. A portion of anothers protected work may be used without infringing

that persons copyright for purposes such as commentary, criticism, news reporting, and scholarly reports. What is and what is notfair use is a question of

fact dictated by the circumstances: There are no hard and fast legal rules permitting the use of a specific number of words, a certain number of musical notes,

or percentages of a work. Willful infringement for profit may result in criminal prosecution. Copyright claims are governed by a three-year statute of

limitations.

To gain permission/clearance to a work, you should consult an attorney, contact the owner directly if you know the owner or the Copyright Office to search

for the owner. It is roundly advisable to consult with an attorney for issues that concern copyright.

Music Workshop

Copyrights A c t i n g

Publishing M o d e l i n g

Recording Songwriting

Production

Shine Entertainment

404-261-8274Not affiliated with Music Therapy 101 or Music Industry Connection

How To Use Record Pools To Test-Market A New Release

written by JaWar

Are you an independent record company? Are you considering pressing andselling your own CD? Before you spend your hard earned money from yourday job pursuing your music career at night consider record pools as a cost-effective method of test-marketing your music. Record pools give you accessto radio, club and mobile DJs. Essentially, DJs pay a monthly, quarterly oryearly dues to be a record pool member. In exchange for paying membershipdues the record pool distributes new music to the DJs. Normally, the DJs are

required to give feedback or report listener response to the pool director. Onceall the DJs have sent in their feedback the pool director compiles a chart listthat is distributed to record companies via fax and/or email.

Now, lets say that you are an indie label in Atlanta, GA and your preparing torelease a CD. Before spending all your advertising dollars in Atlanta, youwill want to test-market your first single using record pools in GA, Birming-ham, AL, Charlotte, NC, FL and SC. After a few weeks you might find thatyour single is getting a so-so response in Atlanta, but in Birmingham, AL andCharlotte, NC your single is hot, simply blazing! Since, Birmingham andCharlotte or only a two and three hour drive from Atlanta, respectively itmight make good sense to spend more of your advertising dollars in thoseareas. This would increase your opportunities for creating a street buzz fasterand turning a profit sooner via CD sales, live performances and merchandis-ing sales. Before spending your hard earned money from your day job pursu-ing your music career at night consider record pools as a cost-effective method

of test-marketing your music.

Order your limited copy of the list with over 130 record pools nation-wide. The list includes record pool names, pool directors, physical streetaddresses, phone, fax, email and music format. The list is available onCD for $15+$3 Shipping & Handling or Print Version for $20+$3 Ship-ping and Handling. Order your record pool list today! HERE'S HOW:

(1) Mail a money order for either$18 CD or $23 Print Version payableto Music Industry Connection, LLC,P.O. Box 52682, Atlanta, GA 30355,USA. Attn: Record Pool List {U.S.Funds Only}. No checks accepted atthis time.(2) Print your name, email, phonenumber and physical mailing addresson a sheet of paper and include it withyour money order.(3) Your record pool list ships within48 hours of receipt of your money or-der.

JaWar may be reached at 800-963-0949

"I enjoyed your event and will be ever so happy to

come again."

Wendy Day, Founder Rap Coalition