Beach Boys vs. “California Gurls”

Singer Katy Perry, of “I kissed a girl, and I liked it” fame, has been threatened with a lawsuit over her use of the Beach Boys’ timeless line, “I wish they all could be California Girls,” in her hit song “California Gurls.” Rapper Snoop Dogg recites the Beach Boys’ classic lyric at the end of Perry’s summer anthem, which has sold more than 3 million copies to date.

Rondor Music, who owns the rights to the Beach Boys’ “California Girls,” has sent a letter to Capitol Records, Perry’s record label, demanding that Mike Love and Brian Wilson – the two Beach Boys who actually scribed the 1965 Billboard hit – be given a writing credit and a portion of the royalties for Perry’s chart topper.

In a recent E! News interview, a spokesperson for Rondor Music chastised Katy Perry, as well as the writers and publishers of “California Gurls,” saying, “Using the words or melody in a new song taken from an original work is not appropriate under any circumstances, particularly one as well-known and iconic as ‘California Girls.’” The spokesperson elaborated, stating that “Rondor Music…is committed to protecting the rights of its artists and songwriters, and with the support of the writers, that is exactly what we are doing.”

The Beach Boys, however, are singing a decidedly different tune. When asked for his thoughts on “California Gurls,” Mike Love insisted that “[t]he Beach Boys are definitely not suing Katy Perry, in fact we are flattered that her fantastically successful song is bringing to mind to millions of people our 1965 recording of the Beach Boys’ ‘California Girls.’” In harmony with his co-writer and band mate, Brian Wilson similarly stated, “We think her song is great and wish her all the success in the world.”

As with any copyright infringement case, the legal issues that would need to be addressed if this case were to proceed include whether the lyrics “I wish they all could be California Girls” are sufficiently original to be entitled to copyright protection.

Jeopardy Facts about the Beach Boys’
“California Girls”

“California Girls” is part of the The Rock and Roll Hall of Fame’s list of the “500 Songs that Shaped Rock and Roll.”

In 2004, “California Girls” was ranked #71 on Rolling Stone’s list of “The 500 Greatest Songs of All Time.”

* * * * *

Elevating Your Lights-and Your Image-with Trussing

Elevating Your Lights-and Your Image-with Trussing

BY KEN KAHN

If you’ve been a DJ for any length of time, chances are you’ve amassed a collection of special effects lights. This is a good thing, because professional lighting can really enhance your show. But when you set up for a gig, where do you display this lighting?

For too many DJs, the answer to this question is “various lighting stands,” or even worse, “whatever tables, chairs or counters happen to be available.” If such a makeshift setup sounds all too familiar, then maybe it’s time to take the next step and invest in trussing for your lights.

There are many reasons why it makes sense for DJs to rig their lights on truss. Not only does a truss structure protect your lights (and audience) from accidental bumps, it gives your performance a more polished, professional look, which in turn makes your services more valuable to clients and allows you to charge a higher fee per event. Using trussing also makes it easier to hang your fixtures at the appropriate height and angle for the room, improving the quality of your light show. Plus, you can use your truss setup for things other than lighting, such as flying speakers and other audio gear, to make your workspace neater and more efficient. Trussing is also great for displaying signage about the event you’re emceeing, such as a corporate logo or congratulatory message to a bride and groom. With the addition of screens and truss warmers, trussing can even become an attractive design element in its own right and enhance the visual appeal of your show-but more about that later.

Manufacturers have made it more feasible than ever for DJs to use truss by introducing new, more lightweight, and affordable products. Which brings up a question we often get asked by DJs: “What type of truss setup should I buy?”

As a mobile DJ, you’re going to want the most efficient setup possible-a rig that’s simple to put up, take down and transport. Given the variety of (often less-than-spacious) spaces you work in, you also need something that doesn’t take up a lot of real estate on the floor. And, of course, as a performer you want your truss rig to look good too. At Global Truss, we have addressed these needs with two products designed specifically for mobile DJs: the Arch System 1 and Truss System 1. Both are compact all-in-one systems, they’re lightweight, attractive, easy-to-assemble and very affordable. Plus, they’re sized just right for a typical DJ booth.

Whatever brand of truss you choose, you should buy from an established dealer with knowledgeable salespeople who can help you choose the right system for your needs and budget, and also provide after-the-sale support and service. You should also make sure the company’s products have been tested, rated and stamped with an industry certification, such as TÜV approval. (TÜV is an international product testing organization.) A manufacturer can claim that their truss can do the job or support a certain amount of weight, but without official certification there’s no way of knowing for sure. Truss manufacturers should be able to show you documentation of industry certification and/or engineering reports.

In addition to the truss itself, you will need accessories to set up your structure and rig your lights, such as pins, R-clips, couplers and clamps. Accessories such as clamps should be certified, too, to ensure they meet safety standards. For example, Global Truss offers aluminum clamps for attaching lights to truss, which are TÜV-certified for weight load capacity – something that’s essential for both safety and protecting your fixtures from damage. Standard C-clamps and O-plastic clamps are not TÜV-certified.

Once you have your trussing and accessories, you’re all set to create your rig. If you’re using a turnkey system like Global’s Arch 1 or Truss 1, which consist of two vertical side pieces plus overhead trussing for hanging lights, you would typically position the truss structure behind you. If, on the other hand, you’re using individual pieces of truss to create “totems,” it’s generally best to put them on the sides of the dance floor.

Wherever you position your truss, you should consider incorporating it into the overall design of your show. Gone are the days when truss was just a utility item to be hidden away. Many entertainers and clubs today value the edgy, industrial look that trussing provides. Truss manufacturers have contributed to this trend by coming out with a variety of attractive products and finishes, such as Satin Aluminum, which fit in nicely with the industrial theme.

Want to make your trussing really sizzle? There are a number of products you can add to turn your truss structure into a standout visual design element that will greatly enhance your show or venue. A fabric truss screen (made of flexible white Lycra) will instantly create an impressive-looking scenic backdrop for your show, such as the Global Screen from Global Truss or one of DJScreen.com’s offerings. The white fabric can be used as a projection screen for video presentations and ambient color light displays.

Truss warmers are products often used to make trussing part of the overall visual experience. Installed inside the truss itself, truss warmers are small colored lights that reflect off the structure’s shiny finish, enveloping it in a glow of color.

When you look at all that can be done with truss these days, you can see it’s no longer just something used for raising your lights-it will elevate your whole performance as well.
Ken Kahn is General Manager for Global Truss America (part of the American DJ Group of Companies).

Photo Slide Shows Made Easy by Mark Evans

Photo Slide Shows Made Easy

By Mark Evans

We have all been to events where people show videos and photos of the couple or the birthday person and we think, “I could have done better.” Well with the right tools and a little knowledge you can. I’ve put together shows from very simple photo fades to very elaborate video and photo montages and clients love them. So where do you start? Let’s begin with the basics.

SCANNING, SAVING

Scanners are widely available and you need a pretty good one to make some nice crisp photos of older photos. When you scan a photo in you want to make sure you have the settings right. Most software programs will give you options to change DPI (dots per inch) or resolution. When scanning in small photos such as 3″x5″ or 4″X6″, you want to scan the photos in at 300 to 600 DPI. The reason for this is that you will want to have a digital version of the photo that is larger than what the output will be. This will give you some room to pan and zoom images. Knowing what the output will be is also very important. The slide show will look different if you are showing it on an HD TV than it will on a projector and screen. Keep this in mind when you start your project.

There are many formats available to save the photos in, but the industry standard and best format for this is JPEG (Joint Photographic Experts Group). This format losses very little quality even though it keeps the file size smaller. JPEGs work well when you put the photos into video.

ORGANIZING

One of the key things I learned when I first started doing slide shows was the importance of a regular scheme for naming the photos. First, knowing how many photos you will have to put together is critical to how you name them. Let’s say you have 150 photos to work with and you start naming them photo1, photo2, etc. If you are doing these chronologically then the numbers will be off. The program you use will put photo10, photo11 before photo2. It is best to start naming them photo001, photo002 and so forth. If you have less than 100 photos then you can start with photo01, phtoto02.

PROCESSING, ADJUSTING

Once you have your photos scanned or brought in from another digital source, it’s time to clean them up. The industry standard and best program for this is Adobe Photoshop. Most people are not willing to shell out the $700 for the full-blown program but there are some great alternatives. Photoshop Elements is the best-selling package at under $90; it does a lot of what its big brother does and is perfect for what we need to do. Other great software programs for editing include Corel’s Paint Shop Pro, Ulead Photo Impact or ACDSee Photo Editor. For Mac users there is iPhoto (pre-installed on all new Macs) and Aperture from Apple. I recommend you download the trial versions and see which one works best for you. The main things you will want to look for are color adjustments, photo restoration, red eye removal and photo sizing. Preparing the photos is typically the most time consuming part of the project, so you want to find a program that will do the job as quickly and efficiently as possible, while fitting with your way of working.

PUTTING IT ALL TOGETHER

Here is where you’ll have the most fun, in putting the photos together. Again, there are many tools to choose from and some will have steeper learning curves than others-and may not give you the flexibility to get the job done. In most cases you will not need a full video editor, but these do give you the most creative options. These programs include Adobe Premiere and Avid for Windows or Mac platforms. For Mac only Final Cut Pro or Final Cut Express are the standards. Because of the cost and learning curve to these programs you may want to consider one of the following programs at a fraction of the cost. For PC users, Cyberlink PowerDirector, Corel Video Studio, Adobe Premiere Elements, Sony Vegas Movie Studio, and Pinnacle Studio are the top programs and all under $100. For Mac users, try iMovie, another pre-installed option. Each of these programs gives you a full timeline option to work with, and some give you an easy-to-use storyboard option that allows for drag and drop placement of photos and videos.

These programs may still be a little to much for what you want to do, so let’s take a look at some of the most popular programs for creating slide shows. My number one pick for the PC is Photodex’s ProShow Gold. For under $70 it gives you incredible flexibility and power over the photos. With just a few keystrokes you can drag all the photos into the timeline, adjust the time of the photos, change the transitions and put the photos into motion. One of my favorite things to do is pan and zoom photos. This is also known as the “Ken Burns effect, after the documentary director’s technique of slowing moving still photos to create more dramatic energy.

If done right you can highlight and zoom in on a person or draw attention to something extra in the photo. The program also comes with a simple yet effective photo editor for simple things such as red-eye removal. One of the neat features of this program is that when you add music to the show you can automatically time the music to the photos. Let’s say you have 50 photos and a 3-minute song for the soundtrack.. Click a button and all the photos will change time from say 5 seconds per photo to 3.7 seconds so that they all fit into the timeframe of the music. You can also manually adjust photos to make some stay on the screen longer and others shorter.

On the Mac I found a program called FotoMagico which works very similarly to ProShow. This is also a drag and drop type of program and is very easy to use. It literally takes a few minutes to put all the photos in and make a few adjustments to put together a very nice show. Both programs give you options for outputting the final project onto disc or onto file. You can even upload directly to YouTube or Facebook to have your client see the show and make corrections before the event. This is quite a time saver and clients love that they can see the final project as soon as you are done. Remember, most of these programs have free trial versions, so go ahead and try them out to see what works best for you.

Get Real: Success in 2010 by Mark Johnson

Get Real: Success in 2010

By Mark Johnson

With some realistic, creative business management, you can realize a better future

With apologies to the 1992 Clinton election campaign, the phrase “It’s the economy, stupid” seems more relevant than ever to virtually every aspect of life these days. Lets look at what this means for mobile DJs-and how can we use it to our advantage.

It well known that while adding professional music to any occasion improves that occasion, it could be argued that we may be the first to be omitted or at the very least, reconsidered for both our added value when times get tough.

LIFE GOES ON, BUT MORE FRUGALLY

Let’s start at the top. Will people change their mind and not get married due to the economy? Probably not. Besides the love thing, getting married allows the two single people to reduce their expenses and combine other expenses like housing, insurance etc. However, when it comes down to planning their wedding, many couples are taking a second look at all of the elements within this important, once-in-a-lifetime occasion.

I’ve seen several “Your Money” segments on various cable programs that indicate an increase in the number of the young couples taking the major amount of money normally spent on a wedding (and perhaps the following honeymoon) and spending it more pragmatically as a down payment on a house. In today’s economy, that’s very hard to argue against.

I personally have been involved with this decision in a few ways. The first has been losing some bookings as couples have changed their minds on the primary wedding reception. Secondly, some have changed their receptions from large affairs to more sedate gatherings coinciding with the actual wedding ceremony. The third change has involved more of a “party” than a wedding reception, held months after the actual wedding and usually at the family home.

All of these have the intention of NOT spending money on the extravagance of a soup-to-nuts wedding reception. While we might wish to have “blank-check” clientele, the current reality seems to inficate a backlash against such large expenses.

This budget-consciousness will in many cases trickle down to other family functions as well. Bar mitzvahs, sweet sixteens, graduations, first communions and birthday parties have all taken a slight turn for the worse regarding the use of our services. Factor in the increase of the “do it yourself” attitude of the clients with iPods and the lesser DJs with their cheaper systems and standards and you have a new storm on the horizon: Less sophisticated events allowing less sophisticated music that’s barely bordering on “professional.”

Corporate events and holiday parties have also seen decreases as recent headlines have chastised major companies for such celebrations. One headline in particular mentioned a solvent insurance company canceling their annual Las Vegas “sales conference” (wink, wink) not based on the money (which they had) but on the negative image of such a luxurious expenditure (which they didn’t need). Despite the company being able to afford this event, the motivational value of such an event to the salespeople, and the business that they bring to Las Vegas, the overall choice was to pull the plug. Everyone loses.

DJs fall precariously into two distinct categories regarding events: Value Added or Discretionary Expense. People will get married, have birthdays, and they will retire or graduate with or without DJs. In essence, these and other events will continue and adding a celebration to the event may or may not require a DJ.

About the only DJ event that we are absolutely necessary for would be school dances. There, the music IS the event, instead of simply coinciding with an occasion that would occur with or without us.

But enough gloom and doom. What can we do about these tentative times?

ADJUST YOUR FOCUS

First, the “sky’s the limit” mentality regarding DJ pricing may take a temporary sabbatical. Our clients are getting squeezed and are then squeezing their suppliers for better deals. Everyone is becoming a better shopper. The intangible qualities of our services (ie., “professionalism,”‘ “worth” and “customer relationships.”) will be seriously challenged.

Second, there will be fewer events to share with seemingly more DJs. And the newcomers to the DJ business will certainly exert pressure to bring down pricing. Now is the time to reinforce your relationships with repeat customers, namely schools and corporate events. Perhaps dangle a free or reduced price dance in January for locking in a whole year’s worth of regular dances. Offer a company a reduced rate for a non-Friday holiday party. Help create mini-sales conventions/celebrations held at the company’s facilities instead of the larger annual blow-out.

Cozy up with your local facilities that refer DJs by offering a greater referral fee. That’s highly negotiable and could make the difference in many cases. These venues are usually on the front lines of booking smaller family parties.

Keep in touch with semi-annual mailings to prior one-time events like weddings and perhaps “freeze” your rate for using you in the future. That should at least inspire a return phone call. Perhaps make it a one-time offering, which should coincide with a projected duration of the current economic situation. You don’t want to lock in a current rate forever.

INTREPID ENTERTAINERS

I’m reminded of FDR’s famous statement during his first inauguration, during the Great Depression: “There’s nothing to fear but fear itself.” Sure the economy is in the toilet. Sure, there’s more competition with lesser rivals. Sure, you have increased expenses with potentially reduced income.

But this time offers a great opportunity to review your overall approach. You have expensive equipment waiting to make you money. Look at other ways to get it working for you, like rentals or sound production. You have time to perform DJ gigs. Doing some freebies won’t cramp your calendar and could potentially generate new long-term clients that will be with you after the economic crisis passes. Why let money get in the way of your business, especially the DJ business? Each performance has incredible referral potential. There are some rays of hope among the clouds.

And when the sky clears (as it always does), the flexible, better-prepared mobile DJ will come out as the stronger DJ, leaving the competition looking for their next careers.

PRO2PRO: Pro DJ to Photographer/Videographer

PRO2PRO: Pro DJ to Photographer/Videographer

By Gerald Johnson

VISION EXPERT SNAPS CLEAR PICTURE OF WEDDING DJ’S ROLE

PRO PHOTOGRAPHER/VIDEOGRAPHER: TOM CHAPUT

In my area one of the best values in wedding photography and videography is Tom Chaput, who, with only eight years in the wedding business, has etched a clear mark in his trade. From a previous life of office supply sales and a lifelong interest in technology, he began his new career as a videographer working for a multi-op but eventually branched out on his own. He works with his wife Bonita, with the husband and wife team operating either as a tandem photography team or as a camera/video camera combo. I recently had the opportunity to talk with Tom regarding his thoughts on DJs, the wedding business, and the roles we all play as professionals:

Gerald Johnson: Let’s begin with DJs. During your time in the wedding business, you definitely have noticed that DJs have an effect on the event. In a positive sense, what can you say that DJs add?

Tom Chaput: I would say that good DJs help the guests to stay longer and enjoy themselves by providing quality entertainment with the right music. Also, a well-organized DJ can keep the flow and pace of the night moving along-which makes the guests more content and also removes stress and pressure from the bride and groom.

GJ: So the biggest piece of a DJ’s job you would say is “piece of mind?”

TC: Absolutely. If the event is planned out well in advance and followed through by the DJ with the right events, announcements, and music at the right times, then the bride and groom are almost always more relaxed and able to enjoy their reception. We can always tell if the DJ is a professional in the first few moments we work with them by how well they are organized and how well they work with you.

GJ: On the same note, I bet you have seen times when things didn’t quite go so well, and the DJ was at fault…

TC: The problem almost always begins with the actual scheduling of the event. In some cases, the DJ will not coordinate with the couple before the event, and as a result the event suffers. Sometimes names are wrong, the event has no flow, and before you know it the party was over because of a lousy DJ.

GJ: What, then, are the biggest problems you see when working with DJs?

TC: I am very surprised at the number of big (multi-op) services that will not divulge who the actual DJ will be before the event. With some services, the couple finds out at the event or the week before, which is definitely very stressful for the bride and groom, because, lets face it-some big services have one or two DJs that are bad. I’ve also seen DJs that show up dressed completely inappropriately for the event and some that are late. The biggest problem, though, are DJs with “an attitude” and those that make the show about them with too much mic time and cheesy shtick.

GJ: Let’s talk about sales. What is your best sales asset when meeting with new brides and grooms?

TC: For us it’s looking the part. We have a nice, clean office that serves the sole purpose of meeting with clients and doing work related to the business. Even though it is in my home, the office is on its own floor and is separated from the living space by stairs (meaning you don’t walk through the living space to get to the office). The whole space has been completely remodeled and we have our work hanging on the walls with accent spot lighting highlighting it. When couples are introduced to this setting, they see how serious we are about our work instead of a messy kitchen table or kids screaming in the background.

GJ: I suppose that’s the same on our end. If you are a client, you are inevitably going to look at those who have made the investment in a dedicated work space as more professional than those who simply meet with clients in their living room or another location.

As for your business, what is your approach to shooting weddings?

TC: Our concern is making the process as easy and fun as it can be for the bride, groom, and family. I know from experience that hiring “comfortability” over work that is shown will in the end always produce a better result because the experience making the photos or video will be better. If you hire by personality and not brand, then all will be better.

GJ: How does your typical planning meeting go?

TC: Well, we review with the client what the wedding day will entail and then they normally pick the specific package they want, whether it be length of shooting time with photos or the amount of videos and kinds of effect they want for the videography portion. We’re not Soup Nazis, and so our clients really can choose what suits them best.

GJ: Tom, thanks for your candidness. Are there any parting words you would like to give to the DJs before we wrap up?

TC: It is amazing how much a great DJ can enhance an event-and how a lousy DJ can ruin a day. Please don’t be the lousy DJ. Prepare, plan, and have fun!

Copyright 101: Licenses Required for Common Uses of Music on the Internet

This post discusses some of the common ways in which music is used on the Internet and the types of licenses required.  Please see my earlier post describing common music licenses.  A chart summarizing the licenses required for Internet uses is avaliabe here.

Music Downloads

Music downloads, which result in copies of the music being transferred to end users, implicate the copyright owners’ rights to reproduce and distribute the copyrighted music.  An example is iTunes.  Music downloads require master use licenses to cover the sound recordings and mechanical licenses to cover the musical works (the mechanical license could be secured through the Section 115 compulsory license exception).

Music publishers have taken the position that music downloads also constitute a public performance and, therefore, require a performance license.  However, on April 25, 2007, the U.S. District Court for the Southern District of New York ruled that music downloads are not public performances but, rather, just reproductions of the original song.  See U.S. v. ASCAP, 485 F. Supp. 2d 438 (S.D.N.Y. 2007); see also In re Cellco Partnership, 2009 WL 3294861 (S.D.N.Y. Oct. 14, 2009).

Recently, music publishers asked Congress to revise the copyright law to clarify that digital downloads implicate the public performance right.  Not only could this affect music downloads, but it also could affect downloads of movies and television shows.  This could be particularly significant given the potential shift of the public’s viewing habits from television (for which significant public performance fees are paid) to on-demand downloads to iPods and laptops (which are not now considered public performances). 

Podcasting

Music “podcasting” is a hybrid of streaming and music downloads.  Typically, “podcasts” are full-length radio programs that the end user downloads (either automatically or on demand) to their computer or mobile device, such as an iPod, MP3 player, or “smart” phone.  Like streaming, music “podcasts” can include multiple songs within the “podcast.”  But, unlike the transient nature of streaming, “podcasting” results in the end user having a copy of the entire program, including all music included in the program.  Because “podcasting” results in a copy, master use and mechanical licenses are required for “podcasting” songs.  In lieu of negotiating with the publisher, a mechanical license for the podcast of a musical work can be secured using the Section 115 compulsory license.  A master use license for a podcast must be voluntarily negotiated.  The performing rights organizations (ASCAP, BMI, and SESAC) have taken the position that “podcasting” involves a public performance, and, therefore, they offer “podcasting” licenses (but see U.S. v. ASCAP above).

Non-Interactive Internet Streaming (Internet Radio)

Unlike music downloads or podcasts, streaming does not result in permanent copies of songs being transferred to the listener.  Rather, streaming is transient and any resulting copies are typically only temporary cache or buffer copies (also known as “ephemeral” copies).  As such, master use and mechanical licenses are generally not required for streaming copyrighted music.  In general, all a non-interactive webcaster needs to stream copyrighted music are public performance streaming rights.  Streaming rights could be negotiated for each and every song to be streamed on a website.  However, “clearing houses” make the licensing process simpler for streaming.  In general, music publishers in the United States are members of ASCAP, BMI, and/or SESAC (collectively “PROs”), which offer public performance licenses (and collect and distribute royalties) for songs owned by their members.  As for the record companies, Section 114 of the Copyright Act provides a statutory (or “compulsory”) performance license that is automatically granted by operation of law, provided certain conditions are satisfied.  The statutory license is administered by an organization called SoundExchange, which collects and distributes streaming royalties to record companies and performers.  Licenses from ASCAP, BMI, SESAC, and the SoundExchange statutory license, unlike master use and mechanical licenses, are known as blanket licenses.  So, once these licenses are obtained, a website operator can stream most copyrighted songs without having to get individual licenses for each song.

ASCAP, BMI, and SESAC streaming licenses can be obtained directly from each PRO.  Standard on-premises PRO licenses that many establishments may already have generally do not cover streaming—rather, specific streaming licenses must be secured.  For permission to stream the widest possible catalog of music, webcasters should secure licenses from all three PROs.  Fees for these licenses are generally based on the number of listeners to the Internet stream and/or revenue generated in connection with the website.  For purposes of calculating fees, ASCAP, BMI, and SESAC licenses typically require periodic reporting of playlists, listenership data, and financial data.

Unlike PRO licenses, SoundExchange generally does not offer or negotiate a license agreement.  Rather, a webcaster just has to file a “Notice of Use” with the U.S. Copyright Office along with a $20.00 fee before it starts streaming.  Upon filing, a website is automatically entitled to the Section 114 statutory streaming license, provided the webcaster complies with the statutory conditions, including the following:   

• For a nonsubscription-based stream, the primary purpose of the webcast must be to provide to the public audio or other entertainment programming.
• The webcast cannot be interactive (that is, songs cannot be played “on demand” and songs cannot be played within one hour of a request or at a time designated by the listener).
• The webcast must include the information encoded in the sound recording by the copyright owner, such as the title, featured, artist, and other related information.
• The webcaster cannot, during any 3-hour period, play more than 3 sound recordings from one album (and no more than 2 songs played consecutively) or 4 sound recordings from the same artist or from any set or compilation.
• The webcaster cannot publish an advance program schedule or make a prior announcement of when specific songs will be played.
• The webcast cannot be part of an archived program of fewer than 5 hours duration, an archived program of 5 hours or greater in duration that is made available for a period exceeding 2 weeks, a continuous program fewer than 3 hours duration, or an identifiable program in which songs are played in a predetermined order (other than an archived or continuous program).
• The webcaster must file a “Notice of Use of Sound Recordings Under Statutory License” with the Copyright Office prior to commencing its transmission service.
• The webcaster generally must file monthly “Reports of Use of Sound Recordings” with SoundExchange containing certain information on all sound recordings performed during the month (referred to as “census” reporting).
• The webcaster must make monthly payments to SoundExchange at the statutory rate determined by the Copyright Royalty Board (which varies depending on the type of service provided).  SoundExchange, after deducting operating costs, disburses 50% of the collected royalties to the copyright owner (typically the record company), 45% to the featured recording artists, and 5% to the non-featured musicians and vocalists.  The statutory license fees were most recently established for the years 2006 through 2010 and have been very controversial, as they are significantly higher than the pre-2006 fees and are based on a model that drastically increases the cost of streaming music.  A new rate proceeding launched in 2009 will establish streaming fees for 2011 through 2015.  In lieu of the statutory license fees, SoundExchange has entered into settlement agreements/licenses with different groups of webcasters, including certain larger webcasters, noncommercial webcasters, college broadcasters, traditional over-the-air radio broadcasters, and certain “small webcasters.”  For example, the “small webcasters” license could be an attractive option if a website (and any of its affiliates in a media- or entertainment-related business) has total annual revenues of $5,000 or less and annual expenses of not more than $10,000.  In this case, the annual license fee is $500, and the webcaster can pay an additional annual fee of $100 to be exempt from having to file song usage reports. 

Streaming technology requires copies of sound recordings to be made on computer servers for purposes of facilitating a streaming transmission.  Such copies are generally covered as ephemeral recordings under the Section 112(e) compulsory license.  The royalty for Section 112(e) copies is included in the Section 114(d)(2) royalty (discussed above).

Server copies made in connection with streaming also include copies of musical works.  In light of The Cartoon Network LP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008), some take the position that such temporary copies are not “copies” under the Copyright Act and thus do not require a license.  Relevant parties agree that non-interactive, audio-only streaming services do not require reproduction or distribution licenses from musical work owners. 

Interactive / On-Demand Streaming

Interactive or on-demand streaming services allow the listener to select and play any song on-demand.  Rhapsody and MySpace are examples.  Public performance and mechanical/master use licenses are required for these services.  With respect to the musical works, public performance licenses can be obtained from ASCAP, BMI, and SESAC, and mechanical license rights can be secured using the Section 115 compulsory license (while mechanical licenses are not required for non-interactive streaming, they are required for interactive streaming).  With respect to the sound recordings, the Section 114 public performance compulsory license does not apply, so both public performance licenses and master use licenses must be secured directly from the owners of the sound recordings. 

Limited or “Tethered” Downloads

Other services provide limited or “tethered” downloads, in which copies are made to user devices; however, the copies become unusable (or “expire”) after a certain period of time or when the user stops paying a service fee (and the copies may be usable only on certain devices).  With respect to the musical works, mechanical license rights covering the downloaded copies can be secured using the Section 115 compulsory license.   With respect to the sound recordings, licenses for the downloaded copies must be secured directly from the owners of the sound recordings.  Generally, limited or “tethered” downloads do not require performance royalties; however, some disagree (but see In re Cellco Partnership below).

Ringtones

Ringtones are digital copies of songs, typically around 30 seconds in duration, that are designed to be played on a mobile phone in order to signal an incoming call in the same manner as would a telephone ring.  Ringtones come from a variety of sources, but, most commonly, mobile phone customers download ringtones from their service providers, such as AT&T, Sprint, or Verizon.  Ringtones come in two types:  (1) synthesized (either monophonic, which have only a single melodic line, or polyphonic, which have both melody and harmony); and (2) mastertones (which are digital excerpts of sound recordings).  Synthesized ringtones only require a mechanical license to cover the musical work, while mastertones require both a mechanical license and a master use license to cover both the musical work and the sound recording.  In October 2006, the Register of Copyrights issued an opinion holding that both types of ringtones can qualify for the compulsory Section 115 license (to cover just the musical work) dependant upon whether the ringtone is simply a copy of the original musical work or whether the ringtone has recast, transformed, or adapted the original work in a way that takes it outside of the scope of the compulsory license.  See Docket No. RF 2006-1, U.S. Copyright Office, Oct. 16, 2006. 

Recently, the United States District Court for the Southern District of New York ruled that publishers are not entitled to public performance royalties for mobile phone ringtones.  See In re Cellco Partnership, 2009 WL 3294861 (S.D.N.Y. Oct 14, 2009).  For the past few years, publishers have argued that mobile phone carriers should pay copyright performance royalties when ringtones are downloaded and used by mobile phone customers.   The decision is not surprising as it comes on the heels of a 2006 decision by the Register of Copyrights that held that ringtones can qualify for the Section 115 compulsory mechanical license under the Copyright Act, which is only applicable for qualifying “private uses.”  The Register of Copyrights ruled that the primary purpose of ringtones is for private, not public uses.  See Docket No. RF 2006-1, U.S. Copyright Office, Oct. 16, 2006. 

Website Background Music

To use recorded copyrighted music as background music on a website, you need permission from both the musical work owner and sound recording owner.  Statutory compulsory licenses (such as Section 115) generally do not apply to website background music, since website background music involves incorporation of the music with images (or “synchronization”).  Permissions would need to cover both the required server copy and the public performance of the music on the website.

Web Videos

To use an existing sound recording in a web video, both a mechanical license from the publisher and a master use license from the record company are required.  Since web videos will involve the synchronization of music with images, these licenses should clearly grant synchronization rights.  Performance licenses are also required for videos played on websites, which for the musical works are typically secured from ASCAP, BMI, and SESAC as blanket licenses.  Note that for music videos, publishers typically permit the record companies to sublicense the underlying musical work, so in these cases, full permission to use music videos on a website may be secured directly from the record companies.

This post is the one in a series of posts discussing the basics of music copyright law.  This series of posts can be located by selecting the Blog category “Copyright 101.” 

 * * * * *

Copyright 101: Summary of Common Music Licenses

Like any other property, music copyrights and the individual exclusive rights thereof, can be transferred, sold, licensed, and divided among several owners.  In general, to use recorded copyrighted music, you will need permission from both the musical work owner (typically a publisher) and the sound recording owner (typically a record company).  Note, however, if you re-record a song (instead of using a pre-recorded version), permission is only required from the musical work owner (since you are not using someone else’s sound recording). 

Following are descriptions of common music licensing agreements.  In a later post,  I will discuss some of the specific ways in which music is used on the Internet and the types of licenses required. 

Mechanical Licenses:  This type of license authorizes the reproduction of a musical work, which is typically controlled by a music publisher.  For example, a record company will enter into a mechanical license agreement with a music publisher or other musical work owner to authorize the reproduction and distribution of a recording of the musical work.  As discussed in more detail below, mechanical license fees are generally governed by a statutory compulsory license under Section 115 of the Copyright Act for which fees are set by the Copyright Royalty Board.  In cases where the recording artist has written the musical work, the mechanical license fees paid by a record company will often be 75 percent of the statutory mechanical rate.  Often a mechanical license at the statutory rate can be secured through The Harry Fox Agency at www.harryfox.com.  The Harry Fox Agency represents music publishers by issuing a variation of the compulsory license and collecting and distributing royalties on the publishers’ behalf.  In the case where the compulsory license might not apply, say in the case of music used in a video, mechanical license fees can vary widely.

Section 115 Compulsory License:  The Section 115 compulsory (or statutory) license is a statutory exception to an exclusive copyright that permits anyone, subject to certain conditions and the payment of statutory license fees, to make certain uses of a copyrighted musical work without the copyright owner’s permission.  The Section 115 compulsory license permits a user to reproduce and distribute copies of nondramatic musical works, subject to certain conditions.  Such copies may include physical copies, including CDs and records, or copies made in connection with digital transmissions (defined as “digital phonorecord deliveries” or “DPDs”), including digital downloads, limited or “tethered” downloads, interactive streaming, and ringtones.  The conditions of the Section 115 license include the following:

• The copyright owner must have distributed the musical work to the public (that is, the copyright owner has the right to control the first use of a musical composition); 
• The user’s primary purpose must be to create and distribute “phonorecords” or DPDs to the public for private use (the use of the terms “phonorecords” and DPDs means that there is no compulsory license for audiovisual works); 
• The user may make a musical arrangement of the work to the extent necessary to conform it to the style or manner of interpretation of the performance involved, but the user may not change the basic melody or fundamental character of the work; 
• The use cannot involve the copying of a sound recording (unless separate permission is obtained from the owner of the sound recording); 
• The user must send a Notice of Intention to Obtain Compulsory License to the owner of the musical work before or within 30 days after making, and before distributing, copies of the work; and 
• The user must pay the musical work copyright owner (provided the owner has registered the musical work) the compulsory license royalty for each copy made and distributed.    The rates are set by the Copyright Royalty Board, which is composed of 3 full-time judges appointed by the Librarian of Congress who each serve staggered 6-year terms.  The statutory rate for physical copies and permanent downloads (or “DPDs”) is 9.1 cents or 1.75 cents per minute of playing time or fraction thereof, whichever amount is larger (the rate is 9.1 cents for a song of up to 5 minutes in duration).  For limited downloads and interactive streaming, in general, the royalty is 10.5 percent of revenue less the amount paid to ASCAP, BMI, and SESAC (see below) for performance royalties.  For non-interactive streaming, relevant parties have agreed that no Section 115 royalty is due.  For ringtones, the royalty is 24 cents per ringtone.

Master Use Licenses:  This type of license authorizes the reproduction of a sound recording, which is typically controlled by a record company.  For example, one would need a master use license to put together a compilation record of existing recordings, to use a “sample” of an existing recording in a new song, or to use an existing recording in a film.  There is no statutory compulsory license for the reproduction of sound recordings, so master use license fees can vary widely.   

Synchronization Licenses:  This type of license, also known as a “synch” license, authorizes the reproduction of a musical work to be used in connection with visual images, such as a motion picture, television show, or television commercial.  Again, synch license fees can vary widely.  And, keep in mind that synch licenses generally only cover the musical work.  If an existing sound recording is to be used in the new audiovisual work, a master use license is also required from the record company. 

Performance Licenses:  The performance of musical works, for example, by playing songs on the radio, on television, on a website, or in stores, restaurants, bars, and nightclubs, is generally permitted under performance licenses issued by the three performing rights organizations (“PROs”):  ASCAP (www.ascap.com), BMI (www.bmi.com), and SESAC (www.sesac.com).  On behalf of affiliated writers and publishers, PROs generally issue blanket performance licenses to music users, and license fees are based on a variety of factors.  For example, performance license fees for a restaurant will be based on the capacity of the restaurant, the number of speakers or televisions in the restaurant, whether customers are charged a fee, and the frequency with which music is played.  Performance licenses for the use of sound recordings are only necessary when the performance is via digital audio transmission, for example, Internet radio stations (note, however, that legislation is currently pending in Congress that would require traditional over-the-air radio stations to secure performance licenses for sound recordings).  In certain cases, the right to publicly perform a sound recording digitally can be secured through a compulsory license under Section 114 of the Copyright Act (which I’ll discuss in further detail in a later post), subject to the compulsory licensing requirements and fees.

Print (Lyric) Licensing:  This type of license, secured from the songwriter or music publisher, permits the re-printing of the lyrics to a song, for example, for karaoke CDs, sheet music, websites, T-shirts, and posters. 

Creative Commons Licensing:  Creative Commons licensing (www.creativecommons.org) is a relatively new form of licensing pursuant to which the copyright owner relinquishes various copyright protections to permit the open public use of a work under certain conditions.  For example, a Creative Commons license may permit the open use of a work provided that (1) credit is given to the author, (2) the use is for noncommercial purposes, and (3) any derivative work must be distributed under a license identical to the Creative Commons license that governs the original work.  Variations of Creative Commons licensing mix and match the preceding conditions (such as permitting any use, whether commercial or noncommercial, with only attribution, or permitting any use with attribution but with a prohibition on derivative works).  Creative Commons has been credited by some musicians as a way to help gain wide distribution by getting their music out to the public for free.  Of course, however, once certain rights are relinquished under Creative Commons, those rights cannot be restored back to the original copyright owner.

This post is the one in a series of posts discussing the basics of music copyright law.  This series of posts can be located by selecting the Blog category “Copyright 101.” 

 * * * * *

Knowledge For Pros by Ben Stowe, CTS

The NLFX Pro Academy provides an unparalleled opportunity to build your technical skills

As an individual, I am committed to education, truth and understanding. In my capacity as owner of NLFX Professional, this commitment has led to educational initiatives that were designed to help our customers better understand the technologies at work in our industry and make informed decisions. Most of the initiatives were limited in scope and geographical reach.

Driven by the suggestions of customers (where most of the best ideas come from) we developed the concept of a larger-scale technology education platform: The NLFX Pro Academy.

In it’s first year…presentations covered the physics and technology of audio and lighting in a classroom-style setting. At the inaugural Pro Academy, some sessions were standing room only! …A lot of feedback was gathered and careful attention was given to both the material presented and the methods of presenting it…the 2010 Pro Academy will be the best yet! This year the information is divided into two “tracks.”

One day is dedicated to lighting, and the fantastic new profit center that it has created for DJs. Through the partnership of two expert guest presenters and the NLFX staff, the lighting track begins with a prelude to technology side discussing how to sell lighting to the client and increase your profitability in the first place. The next two seminars cover the fundamentals of DMX lighting control, with the goal of helping attendees achieve a truly solid understanding of how this powerful programming protocol works, and how to make it work better for their applications. This will be done with some live programming of lights and the creation of some simple multimedia shows. Attendees will learn how to make a seamless show that integrates video, audio and lighting, all completely synchronized, in just a few minutes. The lighting track completes itself with an evening session that will cover lighting design, and how to apply fixtures for specific purposes.

The audio track consists of two seminars. This will be highly informational but digestible coverage of decibels and audio measurements, speaker placement, deciphering speaker marketing data and making educated purchase decisions, amplifier types (AB, H, D) and how to choose the right one for a designated application, interconnecting cables, signal loss, and a much anticipated update on Verizon Wireless’ ex-parte filing with the FCC regarding 700 MHz and wireless microphones.

We have so much good information for the NLFX Pro Academy we simply have to give you an actual taste of what you’ll experience when you attend. So here’s a tasty morsel: a basic explanation of Ohm’s Law.

You Can’t Break this Law

Ohm’s Law, named for Georg Simon Ohm, addresses the relationship between voltage, current (amperage) and power (wattage). To simplify, we will assume that all of our circuits are purely resistive and not reactive. (A reactive circuit has highly capacitive or inductive properties that affect the measured “wattage” and would really complicate this article since I only have a few hundred words to explain Ohm’s Law.) In a purely resistive circuit, like an incandescent lamp, the voltage multiplied by the amperage equals the wattage. We have a simple formula that helps us understand this relationship. Where Voltage is identified by “V,” Amperage by “I” and Wattage (power) by “P” the formula is V x I = P.

In practice, if we have 120V power, and a device draws 2 amps, we are using 240 watts of power. Algebra lets us solve for any missing variable. Since many lamps are measured in watts, and circuit breakers in amps, we might know our power, but need to know how many lamps we can put on a breaker. If the lamp is 300W and our supply voltage is 120V, then we will be using 2.5 amperes. The formula for this is I = P / V.

Something else this shows us is that if our voltage dips, we need more amperage to achieve the same wattage. For example, 120 volts on a 15 amp breaker affords us 1800 watts, but 110 volts only affords us 1650 on the same 15 amp breaker.

This was just a brief example of how even the most basic electrical knowledge can help you deal with real-world situations, such as making sure your power situation at a gig is safe and optimal for your performance. For a heaping platter full of technical enrichment, don’t miss this year’s Academy!

The Pro Academy sessions will feature great visual examples, presenters dedicated to your understanding of the topics, and plenty of question and answer opportunities. We hope that you will take full advantage of these sessions to grow your technological horizons, get more out of your gear, and find new profit centers for your business.

It’s Time To Work Smart by Doug Sandler

Deceptively simple essentials provide the keys to success

As we speak, right now, all around the country, things are going terribly wrong in client meetings. Disc jockeys and emcees are pleasantly conversing with clients…and it’s looking pretty ugly. Phrases are being thrown around like “20,000-song database,” “One terabyte of storage,” “1,000 watts of power,” “128 bit rate,” blah, blah, blah. For the sake of argument, let me assume every professional entertainer in our industry has got what it takes to put on a party: a beefy song list filled with great music, enough sound to cover a decent size ballroom, and music that will not skip or buzz. By the way, if you don’t have these things, get them, because they are important. You are a professional, so arm yourself with the proper tools. Let me also state one more conclusion, and here is where the controversy will come in: Your client doesn’t care about any of those things. Your client doesn’t care because those items that I just listed above should be a GIVEN!

3 Smart Keys

Now let’s get to the real reasons a client will hire you (and even more importantly, why they will REFER you to other people). Here comes the secret ladies and gentlemen-get ready for some serious highlighting. In order for a client to hire you, you will first (fanfare and drum roll please)…need to be a nice person. If you are not courteous, happy and friendly, why would anyone ever want to hire you for their wedding, the happiest day of their lives. Second, you must return your phone calls. You may be able to get away with not returning phone calls once or twice, but eventually you will get a reputation of someone who takes days to return calls or forgets to return their calls. And third, you must tell the truth. Once you lie, you die (in this business). Try lying to a bar mitzvah mom and see how quickly your reputation gets around the market. Don’t even think about skipping any of these three; it just won’t work.

A Little Better

Now, I know what you are thinking, so before you send a letter to the editor complaining about my little essay, keep in mind that I’ve been hammering home these principles since 1984. I screwed up so many times early on in my career that I have the battle scars to prove it: Customer service is KING.

What is it that distinguishes you from other jocks in your market? Your awesome light show? No. Your incredible sound system? No, not really. A friend of mine always used this expression: “In the land of the blind, the one eyed man is king.” So, let me break it down to the simplest equation. Your competition stinks at customer service and dealing with prospects on a personal level. If you are better with your people skills then they are, you win…every time! You don’t have to be the best, you just need to be better then they are. Simplicity is the mother’s milk of our business. It will keep you strong, consistently bringing you back to the core of what will make you successful.

In my seminar, I will teach you how to get referrals BEFORE you even work a function. The tools I will provide you with will educate you on how to get a client to like you so much so, they would sooner consider moving their wedding, mitzvah or corporate event date if YOU were not available on their first choice of dates, rather then having someone else entertain. These resources have worked thousands of times for me, and they will work for you too. Looking forward to seeing you in Vegas.

Doug Sandler, known in his market as DJ Doug, performs at over 100 functions a year. Based in the Washington, DC area, he owns Fast Forward Entertainment, Inc. and is a partner at Washington Talent, Photo and Video. His website is www.djdoug.net.

Powerful Promotion in the World of Social Media

Optimizing your online marketing mix

Promotion is an essential part of your integrated sales and marketing strategy. If you’ve been following these articles over the past two years, you will recall how marketing and sales work together to drive revenue, brand awareness, and competitive market share. Now we all live in the world of “social media”-those online tools that allow you to stay in constant touch and build your brand through the Internet. How can mobile entertainers optimize those tools? This article takes a look at the options and suggests three action tips for online success.

Why All the Buzz About Social Media?

You’ve heard and read the hype. Facebook has hundreds of millions (!) of online friends and offers “fan pages” that have become full-featured alternative websites. Twitter can be searched and mined to see who might be looking to hire a mobile entertainer in real time, all the time. LinkedIn and Plaxo are more business-to-business, but still offer no-cost and low-cost ways to develop your network of subcontractors, support staff, and even clients. All provide feedback mechanisms and opportunities for you to participate in blogs, forums, and special interest groups.

So why all the buzz about social media? First, it’s essentially free. Second (speaking from experience), it’s fun. Third, it’s the “new website” in the sense that if you are not doing it (using online tools proactively), you risk being ignored or considered hopelessly un-cool.

Where Does Social Media Fit In?

First let’s get some perspective. Social media is just one item on a growing menu of ways to promote your mobile entertainment business. It’s not the ONLY tool, and further, there are no guarantees that your sales and profits will go up just because you tweet hourly or post an occasional YouTube video of your emcee work. To provide context, here’s the list of your top twelve categories of promotional tools:

1.Advertising
2.Client endorsements and testimonials
3.Direct marketing (postal, e-mail, telemarketing)
4.Directory listings
5.Identity items (“swag”)
6.Incentivized referrals
7.Publicity
8.Sales literature and collateral material
9.Salesforce/agent incentives
10.Showcase gigs
11.Trade events (including Mobile Beat’s 2010 Vegas show, MBLVX)
12.Website and e-commerce

Arguably, social media can potentially play a role in ALL TWELVE of the above. That’s part of the appeal-it pulls together your branding efforts and forces you to think creatively about what and how you promote.

How to Optimize Social Media as a Promotional Tool

My first bit of advice is to get started if you haven’t already. If you are already experienced with social media, take it to the next level, because that’s where the market is going. Whether you are a veteran or a novice, here are three action tips for optimizing social media as a promotional tool.

Action Tip 1: Plan ahead. Be sure that you have up to date and complete promotional content to share. Just like your website, you need to offer a steady stream of photos, videos, and text that communicate your brand message in an invitingly professional way.

Action Tip 2: Participate. Each medium (Twitter, Facebook, LinkedIn, etc.) is a community made up of your current and prospective clients, team members, competitors, and vendors. Post on their walls or blogs, not just on your own. Be an active citizen of the online world.

Action Tip 3: Track results. While your participation may not cost a lot of dollars, it can take a lot of time. Is it time well spent? Are your revenue and market share trending in the right direction? It may take a while to see results, so be sure that you monitor things like how many friends, followers and connections you have, and how many of those are new clients and fans.

Here’s the Point…

Mobile entertainment people need to have a conscious online marketing and social media strategy. If you don’t, you may end up spending many hours having a great time (nothing wrong with that) but not reaping the business rewards. To prevent that scenario, remember the three action tips: 1) plan ahead, 2) participate, and 3) track results. You’ll be glad that you did-and you’ll still have fun along the way.

John Stiernberg is founder and principal consultant with Stiernberg Consulting, the Sherman Oaks (Los Angeles) CA-based business development firm (www.stiernberg.com). John has over 25 years experience in the music and entertainment technology field. He currently works with audio and music companies and others on strategic planning and market development. His book Succeeding In Music: Business Chops for Performers and Songwriters is published by Hal Leonard Books. Contact John via e-mail at john@stiernberg.com. Find John on LinkedIn, Plaxo, and Facebook. Follow John at http://twitter.com/JohnStiernberg.

Next Page »