J.Cole

I recently went to the J.Cole and Wale concert here in Jacksonville, Florida for J.Cole’s What Dreams May Come Tour. I have been listening to J.Cole since his second mix-tape, The Warm Up, released in 2009. One of my favorite songs on that album is Lights Please. J.Cole dropped his first mix-tape in 2007 and shortly after he signed to Roc Nation. J.Cole stood outside of Jay Z’s office for 3 hours waiting to give him his mix-tape personally. At first glance Jay Z shrugged J.Cole off. Later on Jay Z contacted him and the rest is history.

Who is J.Cole?

J.Cole is short for Jermaine Lamar Cole. J.Cole was born in Germany and moved to the North Carolina when he was 8 months old. His father was in the United States Army and eventually left J.Cole’s mother whom along with his aunt was raised J.Cole. At the age of 12 he began to start rapping and took it seriously at the age of 15. His mother bought him his first beat machine right around this time. His first stage name was “Therapist” not only did he rap he also produced and made the beats. After graduating high school in 2003, J.Cole knew in order to get in the music industry he would have to move to New York City. He attended St. John’s University on an academic scholarship and graduated with a major in communication.

Not only is he talented he graduated magnum cum laude.

There are many musicians out there have been fortunate enough to know someone in order to get into the industry. I enjoy J.Cole’s story for the simple fact that he never gave up on his dream and still kept his education first. The entertainment industry can eat you up and spit you out. I do believe those that have an education outside of being a star can handle themselves better and are taking more seriously. J.Cole is an inspiration for the younger generation. Follow your dreams and if someone shrugs you off, do not let it get you down. It will be a matter of time before all your hard work pays off.

http://www.jcolemusic.com/us/bio

Putting together a Press Kit

While taking Entertainment and Media Production Distribution, at Full Sail University Online, I put together a mock press kit. “A press kit is a package of promotional material provided to members of the press to brief them, esp. about a product, service, or candidate.” (https://www.google.com/#q=what+is+a+press+kit)

When I first approached this assignment I was a little overwhelmed. Through this blog I will give helpful ideas and websites for putting together a press kit. It is easier than one may think.

The first and most important part of putting together a press kit is writing a query letter. A query letter is similar to a cover page; the letter is used to market the talent or artist. “A query letter has three concise paragraphs: the hook, the mini-synopsis, and your writer’s biography.” (http://www.agentquery.com/writer_hq.aspx) There are many sites out there for step by steps on how to write query letters.

Sites to use for writing query letters:

http://www.agentquery.com/writer_hq.aspx

http://www.ginaardito.com/ThePerfectQueryLetter.html

The second is having all the material you will need to sell your artist. The press kit is simply a marketing tool; therefore the content needs to precise and up to date. If there is one thing left out it could cause the agent to move onto the next press kit. With the internet and technology there is a way to do a press kit online, an Electronic Press Kit (EPK). However, for the purpose of this blog I did a paper version. The two are similar with the main exception that an EPK is on a website or blog. If interested there are sites that also have step by step for EPK. I would suggest using Reverbnation for putting together an EPK. Although an EPK is a good, it is also important to have a hard copy for your files.

What needs to be included in a press kit?

Cover letter/ Query letter- this allows them to know why you are sending the press kit

Artist Cover Page- introduction of the artist

Artist Bio Page

Pictures of the Artist

Music Equipment Page (optional)- some agents will want to know this info.

Booking Page/Band Contact information- this needs to have all the contact info. Phone number,    email, website, business card

Demo CD- 3 or 4 songs ONLY

Song list/ Gig sheet- Where has the Artist performed

Lyric sheet if possible

Newspaper clippings- or Artist reviews.

It is important to find an agent to help promote the artist or band. An agent will take a musician more seriously with a proper press kit. With all the information on the web, an artist is half way to getting their name out there. Be creative with the press kit, have fun and do not stress it. 

Industry Expert Blog: Erin M. Jacobson, Esq.

Erin M. Jacobson is a music and entertainment Lawyer in Los Angeles, California. In her article 360 Deals and the California Agencies Act, Are Record Labels Procuring Employment? Erin, describes what a 360 Deal does: “360 Deals allow the labels to either own or share in the profits from all areas of artists’ careers, including; music publishing, live touring, merchandising, sponsorships, endorsements, websites, fan clubs and their associated ads literary rights, and acting.” Under these Deals, the record labels may be “procuring employment,” which is a violation of the California Talent Agencies Act. Under the Act a person who procures employment has to be a licensed talent agent or agency. According to Erin Jacobson, “procurement is any attempt, regardless of its success or profit, by a talent seller to bring about, solicit, cause, further, or negotiate employment for or on behalf of an artist with a third-party talent buyer.”

Please visit http://www.themusicindustrylawyer.com to read the entire article.

To hear a Podcast with Erin Jacobson and Gordon P. Firemark, please visit http://www.entertainmentlawupdate.com/2012/03/episode-29-360-deals-rights-of-publicity/


I am currently studying Entertainment Law and reached out to Erin Jacobson to do an interview via email. I would like to thank Erin Jacobson for taking time out to answer my questions.

The information contained in this post and any linked resource is intended to provide general information and does not constitute legal advice by Erin M. Jacobson, Esq. The content contained herein is not intended to create an attorney-client relationship between you and Erin M. Jacobson, Esq. and you should not act or rely on any information in this video without seeking the advice of an attorney. Your use of this information is at your own risk. You assume full responsibility and risk of loss resulting from the use of this information. Erin M. Jacobson, Esq. will not be liable for any damages whatsoever relating to the use of this information.

What would be your words of advice for Artist Managers just starting out, to avoid getting into legal issues?
If you are in California, don't "procure employment" for your clients. As I explained in my article, most new managers in the music business regularly procure employment for their clients and operate in conflict with the law. Basically, be careful with what you are doing for your clients and try not to book shows or act more like an agent than a manager. Aside from that, have a written contract with your client so that everyone's obligations are clear.

What is a common mistake you often see happen between up and coming Artists and Managers?
The most common issue I see is that the artist-manager relationships are not clearly defined. Putting everything in writing helps make each person's obligations clear and hopefully will cut down on unnecessary disputes. Another issue that sometimes comes up is ill intentions. While most people genuinely want to work together for the right reasons, I have dealt with some people (often the managers) going into the relationship with ill intentions, which never serves anyone well.

Would you recommend an Artist to do a 360 deal? If so why or why not?
Generally I am not a fan of 360 deals, but it depends on the artist's goals and who is offering the 360 deal to the artist. A new artist will not get signed to a major label in today's model without signing a 360 deal. If the artist's goal is to be signed to a major label, the label is equipped to handle everything for the artist, the deal points look good, and it seems the artist will be in a better position by signing the deal, then I'm for it. If the label is a smaller outfit, then the same factors should be considered, but possibly scrutinized more closely to make sure the artist's career will be handled appropriately. The biggest issue with a 360 deal is that the artist is putting all his eggs in one basket and if you are an artist, you want to make sure it's the right basket.

When an Artist is looking over a contract what should they make sure is included? Is there something specific that is a common mistake when signing a contract?
I can't go into specifics for everything that should be included because that could be a book! Basically, keep track of ownership, money, and term. You want to make sure you don't lose ownership of things you shouldn't, you want to track how the money is flowing to make sure it's not flowing in a way it shouldn't (this happens a lot), and you want to make sure you aren't locked into a long deal without being able to terminate.

The most common mistake is not having an experienced music or entertainment lawyer look over the deal. I get so many new client requests from artists who want me to renegotiate or get them out of a deal they already signed without the advice of a lawyer. It's worth the money to pay for the lawyer upfront and have the deal done right then try to change it later.

If an Artist lives in a town/city where there is not an Entertainment Lawyer who do you suggest looks over the contract?
I suggest you find an entertainment lawyer anyway, as technology has really expanded the way people can do business. If a lawyer is not physically in your city, business and correspondence can be done over e-mail and telephone. Even if the lawyer is in your city, most of the correspondence and negotiation will still be via e-mail and telephone!

If your lawyer is in another state there may be some issues or extra requirements to follow due to state licensure requirements, and if that lawyer cannot handle your matter, he/she can help you find someone in your state that can.

I have a series of posts on my blog at www.themusicindustrylawyer.com that explain how to choose the right lawyer for you.

Legal Liabilities in the Music Industry

           There are legal issues happening everyday and the music industry is not exception to the law. From illegal music sampling to illegal downloads there are many legal issues that artist, managers, publishers and record companies face each day. The following articles outline legal controversies that have happened more recently in the music industry. As I continue to work toward building my artist management company, I will learn from the mistakes that have been made and apply these lessons to my business.

            In the article, Music industry considers lawsuitagainst Google over piracy search results. This article discusses that the Recording Industry Association of American (RIAA) and the International Federation of the Phonographic Industry (IFPI), are privately considering an anti-trust lawsuit against Google (Couts). These organizations do not think that Google is doing enough work to stop sending traffic to piracy sites, like the Pirate Bay. The document against Google states, “Google continues to fail to prioritize legal music sites over illegal sites in search results, claiming that its algorithm for search results is based on the relevance of sites to consumers” (Couts). Illegal downloading is a never-ending process when one site gets shut down another opens. I imagine that is difficult for Google to keep up with all the sites being uploaded every hour of everyday.

            In the article, Pharrell Williams vs. Will.I.Am:What to Know About This Trademark Fight. The trademark feud was over whether or not Will.I.Am had the rights the term “I Am” as Pharell Williams attempts to register “I Am Other” (Gardner). William’s I Am Other Entertainment launched a lawsuit in federal court against William Adams and his I.Am. Symbolic company. The lawsuit seeks a declaratory judgment of trademark infringement (Gardner). Unfortunately for Will.I.Am, “The I AM formative is diluted in the music industry, and Defendants cannot prelude others from using the phrase especially when it is used in conjunction with additional, distinctive words” (Gardner). This article points out the importance on doing all your research when using words as trademarks and making sure it so 100% protected from other people being able to use similar words. 

            The article I will discuss also pertains to Will.I.Am and his group the Black Eyed Peas. In the article, Black Eyed PeasSued for Willful Copyright Infringement by Artists from Chicago and Texas. Two separate lawsuits filed recently again the Blacked Eyed Peas, their record label and publishers, including UMG Recordings and Interscope Records. There are two songs in the lawsuit “I Gotta Feeling” and “Boom Boom Pow” both songs are claimed to be owned by other people. “Both Complaints allege that the Defendants UMG Recordings, Interscope Records and members of the Black Eyed Peas engaged in a pattern and practice of international copyright infringement with respect to the unlawful copying of sings in unknown or lesser-known artists. It is public knowledge that there have been multiple copyright infringement cases or claims brought against the Black Eyed Peas within the last year” (Canfield). “A simple listening to the songs will expose them as having been copied and being ‘substantially similar’- the legal standard in copyright infringement cases” (Canfield). It is unfortunate that artist continue to make the same mistake over and over. The Black Eyed Peas could have prevented this lawsuit if they would have had sampling permission. A well know music group could help unknowns like the people filing this suit to get credit for their hard work.

References

Canfield, M. (2013). Black Eyed Peas Sued for Willful Copyright Infringement by Artists from Chicago and Texas. Retrieved August 9, 2013, from http://www.prnewswire.com/news-releases/black-eyed-peas-sued-for-willful-copyright-infringement-by-artists-from-chicago-and-texas-106137403.html

Couts, A. (2012). Music industry considers lawsuit against Google over piracy search results. Retrieved August 8, 2013, from http://www.digitaltrends.com/music/music-industry-considers-lawsuit-against-google-over-piracy-search-results/

Gardner, E. (2013). Pharrell Williams vs. will.i.am: What to know about this trademark fight. Retrieved August 9, 2013, from http://www.hollywoodreporter.com/thr-esq/pharrell-williams-william-what-know-578580

Why Artist Management?

I often get asked why did I choose to go to school for Artist Management when I have a Psychology degree. Music has always been a huge influence in my life. I also enjoy helping people and did not necessarily know what I was going to do after I received my Psychology degree. I had done a couple internships through my Associates and Bachelor degrees and although I enjoyed them I knew this was not the job for me. My youngest cousin who just turned fifteen in March has always loved writing raps. We thought it was a phase and he would grow out of it, but he did not. I have encouraged him to express his feelings and have introduced him to music he would normally not hear leaving where he lives. He is more of a freestyler who writes raps without hooks.

             I remember him calling and asking what he needs to do to get better. I was at a lost for words because I did not know how to honestly help him. This was around the same time that I had been out of school for a while and could not find a job with my degree that would pay my bills. I was online one night and there was a pop up ad for Full Sail University, Bachelors in Music Business. I immediately knew this was the answer. I unfortunately have a B.S. and you can only go up from there with financial aid. I enrolled a couple weeks later for my Masters Degree in Entertainment Business.

            Without my Psychology degree I may not understand how peoples minds work and why they behave a certain way. It is important to understand people no matter what type of job you have. I feel that I have an upper hand with a degree. Artist Management involves different types of people including; the Artist, Producers, Record Labels, Lawyers and the list goes on. If I did not have my degree I would not fully be able to manage everything in order to help an Artist become successful.  My goal when I started my Associates was to help and assist people. My answer to why I chose Artist Management is “ I want to help up and coming Artist, I want to see people that have a dream be able to achieve it.” There are many talented people out there that have no idea where to turn to. I want to be able to not only tell my cousin what he needs to do. I want guide him

Shanna Baker; Supporting Local Talent

When it comes to supporting local talent Shanna Baker is a woman that comes to mind. I recently moved to Jacksonville, Florida and have had the pleasure of meeting another newbie to the area Shanna Baker. Although she has only been in the area for a short time, she has not wasted anytime finding local talent to support. One of the things that I like most about Shanna is that she supports EVERYONE. I have only met her once while attending the second Battle of the Artists, a showcase of young talented singers, poets and rappers. The first one was a success; it only made sense to do another one. The talent that was on that stage was incredible and they are grateful for her support. I have chatted with her many times she is humble woman that has a positive attitude and is setting example for the younger generation. If you have talent and live in the Jacksonville area this is the woman to contact. Not only is she following her dreams, she wants to help you follow yours.

Shanna is also the CEO of D.R.E.A.M (Delivering Real Arts & Entertainment Magazine) a local magazine that will be published this summer. I asked Shanna what is the vision behind the magazine. “The vision behind the magazine is to put local artist on the map and to show that they are appreciated. Every artist in the different industries started off local so they should know how hard it is to be a local artist. It's not common to see a local artist on the cover of a magazine, so that is what I'm bringing different to the table.” replied Shanna. I think this is wonderful and I will continue to support her in any way that I can. Being new to this industry I have more to learn. Shanna is someone to look up to she is a go-getter and works extremely hard.

  “D.R.E.A.M. supports everybody in the different industries because that's where the influences come from. But how often do you see someone local on the cover of a magazine?? Personally I have never seen it. That is what D.R.E.A.M. is for. Were bringing something bigger and better for local talent all over the world. It's your time to shine. FOR ALL INQUIRIES EMAIL THEDREAMMAGAZINE@YAHOO.COM.” Shanna Baker

“D.R.E.A.M. (Delivering Real Entertainment & Arts Magazine) is a local statement. The magazine content includes music, poetry, drawing, painting, photography, videography, DJs, barber, fashion, etc.” Shana Baker