December 06 Scene Magazine Column

Mechanical Money

Where’s the real money in music? It’s not in playing cover tunes in bars – sure that’s fun, but you don’t make much money at it. The real money is in writing the songs. When you write the songs, you have multiple avenues of potential bucks including performance rights, mechanical royalties, synchronization licenses, instrumentals/karaoke, lyric reprints in books and magazines, corporate videos, computer games, sheet music, even those damn singing fish and cell phone ring tones.

So how does all this work? First, write the song. Second, spend the $45 to register the copyright in the song. Third, get to work marketing the piece. Let’s look at the three primary moneymakers: performance rights, mechanical royalties, and licensing.

Performance fees are based on feature performances such as visual vocal or instrumental on television or getting big airtime on the radio. These are collected and distributed through complex math by ASCAP, BMI, and SESAC.  To get a check, you have to be registered as an artist with one of these three organizations. The money you receive is variable based on which group you join because they all use different formulas to estimate the number and types of performances you song is enjoying.

“Mechanical” royalties are those fees you get whenever someone else uses your song in a CD, Record, Tape, etc. It can get complicated, but to simplify a bit, the artist recording your song must pay 9.1 cents total per copy as a mechanical royalty to the writer and publisher of the song. So, if you write a song that becomes a hit for Beyoncé and sells 10 million copies you’ll split $900K with your publisher. Not bad. Now just imagine you wrote the entire album of 10 songs and you’ll start understanding why Rob Thomas is smiling. It’s important to remember that if you’re recording your own original music as the performer, your record label is going to negotiate a reduced mechanical royalty payment for these “controlled” compositions. If you’re about to cut a CD that includes any cover tunes, be sure to pay those mechanical license fees before duplication or you could be facing some hefty copyright infringement damages.

Getting your song used as part of a TV show, movie, or commercial is what we call a “synchronization license” or “synch.” Think of the theme song for “Friends,” “CSI,” or theme songs to James Bond movies.  Publishers can get from about $15K-60K for a movie theme song, and the record company can get about the same for use of the masters. The artist’s cut of that is outlined in their contract, which is why those contracts can get long and complicated. Of course the exposure generated by the show or movie will pump record sales. Product advertising licensing for TV commercials can be a huge source of income for the songwriter: $75K – $750K per year for successful songs. Bob Seger and John Mellenkamp are raking it in for their recent pick-up truck commercial work.

The thing to remember in all this is that almost every license is negotiable, but those negotiations take time and attention. Most musicians I’ve met would rather write and play than read contracts. I can’t blame them, if I had the talent to write hits, I wouldn’t be practicing law!

Granted, there are many songwriters out there and most never make it big. It takes work and it takes luck, but hard workers are always more lucky. If you’re playing cover tunes, start writing and performing original material, sure some people get rich and famous performing other people’s music, but most start by making a name for themselves with their own work.

A great song is your property for 70 years after you die, so leveraging your creativity correctly can provide not only the nest-egg for your own retirement, but the college tuition for your grandkids.

start-up fundamentals

Start-up fundamentals

Business law, intellectual property, brand development, and corporate communications have a very complex interrelationship.  Working with Houchin Law and Wooden Pencil simplifies these relationships by combining legal and branding expertise in the same team.

One point of contact, two integrated consulting firms.

Let us help you reach your creative business goals through:

  • Business Formation
  • Identity Design (Through Wooden Pencil)
  • Intellectual Property Planning & Protection
  • Stationery and Collateral Design (Through Wooden Pencil)
  • Web Site Development (Through Wooden Pencil)
  • Contracts & Licensing
  • Marketing/Brand Planning (Through Wooden Pencil)

The New Masthead Illustration by Kurt Pfaff ROCKS!

The masthead image is a masterwork of digital illustration by Kurt Pfaff. Kurt’s work is full of wonderful layered detail. Each element is painstakingly created as you can see from the coffee cup detail below. Some elements of the illustration were adapted from reference photography such as the image on the screen of the computer in the illustration, and the batik art-work on the wall in the background of the illustration.

This level of detail and expression shows up in all of Kurt’s work – from editorial illustration like this to his portraiture, biomedical, food, 3D illustration to his work as a logo and packaging designer.

Take a look at Kurt’s work and contact him at http://kurtpfaff.com. His work is worth every penny and you definitely won’t be disappointed!

Coffee Cup Path Detail:

Coffee Detail Thumb

Initial Photo Reference:

photo reference

Initial Rough Illustration:

First Rough Thumbnail

Second Draft:

second rough thumbnail

Final Illustration:

final illustration thumbnail

Leave some comments and Kudos to Kurt!

Legal/Executive Assistant

I need help! I have a growing marketing consulting firm, and a growing law practice. I focus on helping creative people and businesses reach their goals, which means I work with some great clients. Both companies help people start and build their creative endeavors. I handle projects ranging from intellectual property litigation to logo design, from trademark and copyright registration to market research. I need an assistant to help me get organized, file the paperwork, keep the books, and help me build both practices.

The perfect candidate is looking for a part time job that should quickly work into a full-time position. I’d like someone with experience in a law office who understands how the work in a busy law firm should be managed (because I sure don’t claim to know everything…), and be willing to help manage marketing consulting and other creative projects. The ideal candidate will be organized, creative, humble (will stuff envelopes if needed), mature, and trustworthy (Boy Scout experience is NOT required). Of course computer (Mac and PC preferred), proofreading, and typing skills are critical. Tax planning and preparation experience would be a definite bonus, but isn’t absolutely needed.

I know I’m asking a lot, so I’ll make sure the hours are flexible and pay enough to make it worth the time. This would be the perfect job for a (formerly) full-time parent seeking to get out of the house for a few hours a day and have some fun.

I’m stretched too thin right now to deal with telephone inquiries or drop-ins, so please email your resume (MS Word or PDF) to Kevin.houchin@houchinlaw.com, or you can fax it to me at 970-484-0012, or even mail it to me at 425 West Mulberry – Suite 105, Fort Collins, Colorado 80521.