Tag: Interview

English · Interviews

Interview with Mauritz Lotz by Antionette Cronje (Part 1)

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Q:  Your career as a guitarist, composer, and producer spans nearly 3 decades.  Where did it all start?

A:  I guess it all happened in a kind of “unassuming way”… At the age of 10, my father brought home an acoustic guitar the one afternoon. I was curious about the instrument and he then showed me how to play some basic chords…My intrigue/curiosity and obsession with the instrument led me to pursue a career in music. For me personally, back then and even now still, music as a whole remains to be a world of wonder which I will continue to explore and learn from…

Q:  If you were to take a walk down memory lane, what is the one moment in your career, which stands out from the rest?

A:  Wow, it is really challenging for me to single out just one because ’till date there were so many memorable moments in studio + on/off – stage I was fortunate to experience…when I first went to LA in the early 90’s, I met one of my absolute music heroes Trevor Rabin. We spent a whole afternoon in his studio just chatting about music and guitars etc. It was an awesome and inspiring experience for me. I guess part of the reason it somehow stands out is that it was my very 1st trip overseas + it happened shortly after the release of my 1st solo album so; a lot of 1st impressions/new experiences for me back then.

Q:  In South Africa, you’re mostly known as a stellar session musician, but in fact you are also the man behind various film and stage productions as a composer and musical director.  Please tell us more about your work as composer and musical director and the productions you were involved in.

A:  Thanks for the compliment. For most of my musical journey so to speak, I have always felt that I wanted to learn/explore music as a whole. I therefore feel, not just inspired, but also somehow compelled to contribute in different ways musically. As much I enjoy playing the guitar, I see it as only a part of the “bigger picture”, thus indulging in music production, composition, arrangements etc. etc… Writing music to picture is something I have had a passion for a long time. The most recent film I have scored for is a movie entitled “Ordinary people” and I thoroughly enjoyed working on the music. “Handel’s Messiah – An African Renaissance” was a stage musical which I was fortunate to be involved in. quite a few years ago I had to do a “re-work” of it and analyzing that particular score taught and inspired me so much!

Q:  You’ve had the opportunity to support international acts, such as The Rolling Stones, Sting, Roberta Flack, “Mr. slow hands” Eric Clapton and Chris de Burgh, to name only a few.  What was it like to work with these big name artists?

A:  The sizes of the audiences + the energy/vibe at these types of events are quite a rush. It was also sometimes refreshing for me having had the opportunity to meet some of the musos in the band and chat about how they see and experience their musical journey. It certainly puts perspective on a few things as I think we perhaps sometimes tend to easily get caught up in our “immediate” environment on a “functional/survival” level. There are so many things to explore beyond our own borders/parameters and obviously internet and technology has also made this a lot easier and convenient.

Q:  According to my research, you’ve worked on more than 1000 local albums as a session guitarist, composer and / or producer.  That leaves me with the question, have you ever experienced “writers block” and if so, what advice can you give young song writers and composers to overcome this?

A:  Jip, it happens sometimes. Whenever I experience a “lull” in the creative flow, I then try to remind myself that I need to trust that creativity is not something one can always measure or even control for that matter. Without perhaps losing the focus or determination to complete a task or idea, I do however then walk away for a few minutes, sometimes hours or days if I need to and can afford it…and then come back to it with a “fresh mind/perspective”. Sometimes it also just helps me to listen to a piece of music or something completely different in order to force my mind out of what seems like a “rut”… Inspiration and creative flow sometimes can come from different places/experiences and often when one least expects it…I don’t think there is a right or wrong way…whatever works I think..

Q:  As an award winning artist and several award nominations behind your name, what qualities must young songwriters cultivate to reach this level of musicianship? 

A:  Having said that I believe that one can’t really control or measurecreativity, I do however feel that regular practice (even if just “mental rehearsal/visualizing notes”…I seem to do a lot of this by default for some reason…) helps me to stay “aware/in tune” for what ideas may come. For me personally, time management and the discipline to regularly spend time and focus on developing one’s skill/s are imperative. Whether it be in the very late hours of the evening or in my car on a plane somewhere, I always will make and find time to listen to music. I do however tend to listen to a variety of stuff I find inspiring from a writing point andproducing of view as opposed to a lot of guitar driven music.
The second part of the interview will be published on Monday.

Here’s a link to Mauritz’ website:  http://www.mauritzlotz.com/

English · Interviews

Interview with Marc Friedman – Entertainment Lawyer South Africa

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Antionette Cronje, Music2Deal representative (South Africa), asked Marc Friedman some questions regarding issues, such as copyright, publishing, licencing, needletime and how these issues are addressed in South Africa.

 If you want more detail on any of the questions below, you can contact Marc on Music2Deal at the following link: http://bit.ly/RWkh3e

 What advice can you give songwriters when they’re approach with a publishing deal for a song? What is the most critical point to look out for in a publishing contract?

 The most important aspects are the TERM OF THE DEAL and the SHARE OF REVENUE.  Sometimes publishers will present a deal that expects the composer to assign the composition for the life of copyright.  This is not the industry standard anymore; anyone can usually negotiate that the terms if for 3 to 5 years with a retention period in certain instances.  Also the revenue shares needn’t necessarily be 50/50, depending on the status of the composer and the level of effort on the part of the publisher, i.e. where the publisher is more active, they will expect a bigger share of the revenue.

What are the possible pitfalls when an artist has been approach for synch licensing deal?

Does the licensee want the piece of music in an exclusive or non-exclusive basis?  If exclusive, one should ask for a very large fee, one should never have to assign the work and should look out for words such as “BUY YOU OUT”, which suggest an assignment.  One should also ask that once can still earn public performance royalties and that the Licensee will fill out cue sheets to enable this.

Why do some publishers, who have a music catalogue or library, want to change the name of the songs, when an artist signs a publishing deal with them?

You would have to check with the publisher on this point, but it could be to try and distinguish them from similar hits with a similar or identical title.

How does changing the name of the song by the publisher of a music library impact the songwriter?

There shouldn’t be an effect of this, provided any collection society is appraised of this change to avoid confusion.

To qualify for live performance royalties, a band has to complete a live performance royalty form and submit it to SAMRO. If 3 of the band members are new to the band and are not registered as songwriters of the songs performed live, are they entitled to live performance royalties?

SAMRO (the South African Music Right Organisation) would have to clarify this, but I suspect they are entitled to collect these royalties, but the fact that they are not registered is an administrative issue for SAMRO and that these royalties may be able to be held by SAMRO until they are registered.

If an artist wants to record a cover of a chart topping hit, does he/she need to get permission from the original artist?

No.  The South African Copyright Act makes provision for a compulsory mechanical license in respect of any song previously recorded in South Africa.  This is provided that it is an identical cover.  If one changes any word, music or structure, one needs permission.

In short, what is needle time and when does an artist qualify for needle time?

Needletime is the public performance royalty, which is paid when a recording is played in public, i.e. on the radio, at a venue etc.  Needletime has always been in our Copyright Act, but has not been practiced for a number of years.  About a decade ago, it was agreed that this would be re-introduced in South Africa, but the broadcasters and music industry are still haggling over what rates should be paid by the broadcasters for the use, so it is not being paid yet.  The general sentiment is that the needletime on any recording should be shared equally between the copyright owner (who paid for it) and performers who participated in the recording.

Who owns the mechanical rights to a song?

Copyright in South Africa vests in the party who wrote it.  The mechanical right (i.e. the right to allow the song to be recorded or reproduced is just one of the rights that copyright reserves for the owner).  Copyright sits with the composer, unless it is assigned to another party in writing.

If band XYZ wants to record a song for their album and the song was offered to XYZ for re-recording by the original songwriter (who is not a member of the band), does the band have to pay any set fee for re-recording the song?

The agreed mechanical royalty rate is 6.76 % of the PPD price of a CD, although models are developing for the digital industry, where rates are often calculated on the retain price (rather than PPD, which is the wholesale price)

When entering an agreement with a management company, what percentage of the band’s income can the band expect to part with?

This would depend on the nature of the relationship (what the manager does), the status of the manager and the band, but I would say it could be in a range from 15 – 25 % with a further debate as to whether this is calculated on gross (the amount payable to the band) or net (once expenses have been deducted).

Interviewed by Antionette Cronje

 

English · Interviews

Interview: Devo’s Gerald Casale Talks Licensing, 360 Deals and Syncs: ‘The System Has to Get Better’

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Gerald V. Casale, co-founder and chief strategist of the seminal new wave band Devo, has more experience than most when it comes to the ins and outs of the music rights licensing market. As co-writer of many of Devo’s songs – including consistent earners “Whip It”, “That’s Good” and “Beautiful World”– he’s seen sync rights contribute significantly to the band’s bottom line…

Gerald V. Casale, co-founder and chief strategist of the seminal new wave band Devo, has more experience than most when it comes to the ins and outs of the music rights licensing market. As co-writer of many of Devo’s songs –  including consistent earners “Whip It”, “That’s Good” and “Beautiful World” – he’s seen sync rights contribute significantly to the band’s bottom line.  Early in their career, the group saw the opportunity to expand their revenue streams beyond label and publishing deals into merch, sync, endorsement, touring, multimedia and production, taking a more businesslike, corporate outlook towards their band and brand — one that many perceived as tongue-in-cheek at the time, but turns out to have been prescient.

And, as a producer and director of TV ads (Miller Lite, Nintendo, World Health Organization) and music videos (Foo Fighters, Rush, Soundgarden), he’s been involved in both buying and selling of music rights and is a witness to the (d)evolution of the marketplace. We caught up with him earlier this week to get his take on Devo Inc. and today’s music business.

Q: What’s your take on the state of the music licensing market today?

A: Let’s start by going back a bit. Up until the 1950s, artists had almost no power, no control over their rights, and almost all of them got ripped off.  Starting in the 1960s, this all changed for the better: Artists started to get an idea of the power they possess as hitmakers, and started to use that power to make sure they owned and would get paid for the music they created. Add that to the fact that for many years, labels thought that sync rights, at least until Napster came along, were “pie in the sky” they left to the artists and publishers. Licensing became more important to how artists make a living outside of label deals, alongside touring and merchandise. IFPI 2012 Report: Global Music Revenue Down 3%; Sync, PRO, Digital Income Up

 

Q. And what about after Napster?

A. Now you’ve got a situation where this source of artist revenue is being squeezed on all fronts, especially since 2008. Labels, publishers, music supervisors and the public have put the artist in a position where they feel their music has little to no value except for promotion.   At the same time, artists are being asked to give up a bigger piece of what little revenue is left from sync licensing by signing 360 deals, given the labels now get a cut of everything the artist does, including merchandise, live shows and sync licensing, while getting none of the traditional marketing and promotional benefits they used to get from a label. So what happens is that the artist gets less of a share of a shrinking pie – and the market comes full circle.

 

Q.  But the sync market seems to be growing if you look at the bottom line – how is the artist’s pie shrinking?

A: It’s pretty simple, most artists today have grown up in a world where they have to beg to get paid for their IP, and in some cases giving it up totally for some hope of future return. In the industry, this line of thinking works in the minds of newer artists that have been programmed to think that it’s okay to give up their rights for some sort of promotion, exposure or an audience — at least for the short term.

 

Q: And for the long term?

A:  The reality is this kind of thinking makes them completely disposable. Later on down the line, if they are lucky enough to make a hit, they own nothing. They have nothing to show for all of their efforts and can only sit and watch while people who had nothing to do with the creation of the hit make millions in perpetuity.

 

Devo: How To Get Ahead With Advertising

It happens like this – a band breaks when their song is featured in a national ad.  Then they sign to a 360 deal, give up their rights and never realize their true artistic or revenue potential while other people profit. It happens all the time.

 

Q.  So new bands are getting the short end of the stick.  What about more established acts and sync — like Devo?

A.  As I said before, when we were signed, labels really didn’t care very much about sync or take it seriously.  When we wrote those songs and were on shows like “Saturday Night Live” and “Fridays” in the 1970s and 1980s, sync was an opportunity… if anyone was interested.

With Devo, since the beginning, we’ve always looked for new and different revenue sources outside of our label deals – we were one of the first bands to take merchandising seriously, along with sync, touring and endorsements. In general, most music licensed for film, ads and TV was not rock and roll, and as a result, no one thought it would lead to a great deal of revenue, so they left it to us for the most part.  Starting in the 1990s that changed, and our music was in demand, and we knew it had real value.  For Devo, there was so much value in sync rights that we made more money from sync licensing starting in 1993 than we made from our label deals. [The group’s back catalog under is a co-publishing deal with EMI; catalog beginning with 2010’s “Something for Everybody” is under an admin deal with Warner/Chappell.] If that doesn’t illustrate how important sync rights are to musicians, I don’t know what does.  Sync, alongside merchandising and touring has become one of the main ways that Devo gets paid for its music these days as the music business had evolved. Anyway, even if we do know our rights and we doget paid, we’re getting squeezed too, on all fronts.

 

Q.  How so?

A.  No matter who you are, the process and the percentages that an artist has to pay off the top of a deal are onerous: 50% right off the top of the deal before you’re paid a penny.  50%!  All for the promise of getting your song out to the market. Add to that the fact that it takes anywhere from six to 18 months to get paid for a sync deal once it goes down; that the statements of payment are so unfathomable you need a lawyer and an accountant to go over them; and you can see that most artists are hard pressed to make any real money from sync when all is said and done. Everyone seems to get a payday but the artists. The system has to get better.

 

Q.  What do you think can be done make things better?  Do you think technology can help?

A: Yes, I think that the idea of a digital solution to this problem is a good one. In the digital world, none of this byzantine Kafkaesque bullsh– needs to exist. It can be very clean and simple… and believe me, artists and buyers would appreciate a simpler way of doing business.  What I think what would be nice, and I know it’s laughable to talk about fairness in a business predicated on onerous contracts, is that everyone gets their fair share if they do their job. The current system, where the rights aggregator makes 5X-10X more than an individual band member on a sync deal is anything but fair.  Maybe a digital system could change this system for the better.

 

Q: So if you had your way, what kind of sync market would you like to see, digital or otherwise?

A.  I’d like to see something that gives the artist a fair deal and makes it easier for the artist to connect their work directly to the buyer.  This means things like dealing with artists on a non-exclusive basis: if you do a good job for the artist, you get paid, and if you don’t, the artist is free to go to someone who can do a good job with placement.

 

Q.  And what about the financials?

A. As it stands, the percentages just don’t work. 50% is just way too much money to take from their artists. I think that something along the lines of 25% is much more fair since the artists took the lion’s share of the risk to make the work, and they should get the lion’s share of the return.  And when a deal goes down, the artist should get paid quicker, and the breakdown of payment and fees should be more clear-cut so the artist knows what exactly what fees they paid off the top to get their music placed. Now, when it comes to the publisher, either this type of service effectively becomes the publisher of record – working proactively to sell rights on behalf of artists, or working with publishers and the artist to more fairly divide the pie.

 

Q.  How about the way artists get placed?

A: You have to use both tastemakers and technology to help buyers find the music they need.  That means hiring people who understand both the music they’re selling and what buyers need, and using technology to help them along.  So that instead of churning through 100 songs to get to what they need, the music supervisors only have to go through 10 songs that are right for their particular need.  They also already know that the rights are not a problem because the terms have been pre-negotiated more or less. This will lead to better placements, happier artists and happier music supervisors. My only hope is that if a company like I have described is created, it becomes the model rather than another onerous situation.  And, if you did create it successfully, what artist would not go with that company? And what buyer would not want to use it?

 

Q.  Any final thoughts?

A.  Everyone from plumbers to artists wants to get paid for their work. Who doesn’t? When it comes to artists though, instead of getting paid, many of them end up making other people rich, getting critical acclaim and dying in a poorhouse or relying on the good graces of friends – and it shouldn’t be that way. Since it is the artists who take the risk of making a fool of themselves for their art and the chance to win big, when they do win big, and they should get paid what they deserve.

 

Courtesy of Mark Frieser / Disconic

Link: http://disconic.com