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.” 

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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.” 

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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.

Television Broadcasters File Class-Action Lawsuit Against SESAC

A group of television station owners has filed a class-action antitrust lawsuit against SESAC and its affiliated composers and music publishers.  SESAC is a for-profit company that licenses public performance rights to copyrighted music compositions.  The complaint (“Complaint”) filed in a United States District Court in New York alleges that SESAC has engaged in anti-competitive behavior in violation of federal antitrust laws. 

The Complaint asks the court “to restrain and prevent SESAC from perpetuating the unlawful exercise of the monopoly power SESAC has amassed, unilaterally and collectively in conspiracy with and among SESAC [copyright holders], . .  . over the licensing to Plaintiffs and other Class Members of the music performance rights they need to broadcast their scheduled programming.”  In layman’s terms, the television broadcasters have asked the court to force SESAC to stop its anti-competitive conduct with respect to licensing SESAC public performance rights that are embedded in network and syndicated television programming.  The Complaint also seeks treble money damages from SESAC for its alleged violations. 

As mentioned above, the lawsuit was filed as a class action, which means that the named plaintiffs are proceeding on behalf of themselves and other members of a particular class—the class in this case is identified generally as local commercial television broadcasters.  If the judge certifies that the case should proceed as a class action, other television broadcasters will be given an opportunity to participate as members of the class and, thus, to be bound by the outcome of the case.  For example, if the court awards monetary damages to the plaintiffs, then participants in the class should also be entitled to some portion of that award.  As of November 18, 2009, the judge has not yet certified the class.  (Assuming the court certifies the class, procedures to notify local commercial television broadcasters and the methods by which class members may choose to or decline to participate in the lawsuit will be ordered by the court.) 

Three entities offer music performance rights licenses for virtually all music broadcast by local television stations—ASCAP, BMI, and SESAC.  Local stations must acquire licenses from each of these organizations because their repertories are exclusive of one another.  For decades, ASCAP and BMI have been operating under consent decrees following the U.S. Department of Justice’s investigation into alleged antitrust violations by those two entities (“Consent Decrees”).  SESAC is not a party to the Consent Decrees and not bound by their terms.  According to the Complaint, “SESAC flaunts its freedom from the competitive safeguards afforded by the Consent Decrees and has clearly  demonstrated its intention to take full advantage of its monopoly power by engaging in many of the very same practices that ASCAP and BMI were barred from continuing . . . .” 

One of two key factual allegations made in the Complaint is that SESAC has taken anti-competitive actions that are “exactly the type of conduct” prohibited by the ASCAP and BMI Consent Decrees and cause the same anti-competitive effects against which the Consent Decrees were designed to protect.  Specifically, the lawsuit claims that SESAC has: 

• Refused to offer broadcasters an economically viable alternative to its all-or-nothing blanket license and is not required to do so.
• Purported to offer a per program license alternative to its blanket license, but the terms are “so egregious” that the offer is meaningless.
• Enhanced the “competition-foreclosing power” of its blanket license by serving as the exclusive licensing agent for its rights holders for many compositions in its repertory.
• Threatened to withhold access to its entire repertory as a means to extract “supracompetitive” fees from broadcasters.
• Strategically raided ASCAP and BMI to entice composers whose compositions either are embedded in established syndicated and unlicensed network programming, are widely incorporated in broadcasters’ locally produced programs, or are included in enough commercials that it would be essentially impossible for broadcasters to avoid the compositions.
• Unfairly refused to disclose accurately the full contents of its repertory, making it impossible to avoid using SESAC music. 
• Coordinated with its affiliated rights holders an anticompetitive scheme to aggregate compositions from hundreds of different sources into a single repertory.

The Complaint also alleges that SESAC’s scheme to restrain trade and eliminate price competition has had “actual injurious effects” on television broadcasters.  For example, the lawsuit points out that from 2005 to 2007 SESAC offered stations a per program license fee.  The terms of the license for that period were set by an independent panel of arbitrators following a lengthy arbitration proceeding.  According to the Complaint, more than 250 local stations chose to operate under this lower cost, per program structure rather than the blanket license structure.  However, following the expiration of the 2005-2007 license period, SESAC changed the terms of the per program license.  Under the 2005-2007 agreement, only five percent of certain kinds of third-party programming was deemed to contain SESAC music (on which royalties were due); after the 2005-2007 agreement expired, SESAC deemed that 50 percent of such programming would be deemed to contain SESAC music—greatly increasing the fees due from broadcasters to SESAC.

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Whoomp! (There It Is): The Importance of Contract Drafting

People often assume lawyers just use “form books” for contracts. I’m sometimes asked questions like: Don’t you just have a form for that? Can’t you just send me the standard form agreement? Can you quickly look over this agreement I did myself on the internet?

The fact is that virtually every contract involves unique circumstances. In the case of copyright transfers and licensing, contractual language can be critical. Under the Copyright Act, a written and signed document is required to transfer ownership of a copyright or to transfer exclusive rights to a copyright.

A recent case from the Fifth Circuit Court of Appeals demonstrates the pitfalls of an ambiguously drafted copyright transfer.

In that case, Alvert Music, a publishing company, claimed ownership of the composition copyright to various songs, including “Whoomp! (There It Is).”

Alvert sued DM Records, claiming DM Records had infringed Alvert’s copyright. DM Records claimed that Alvert couldn’t sue because Alvert had transferred the copyrights to a third party, Bridgeport Music, and thus, Alvert didn’t own the copyrights.

In 2004, Avert had executed a “Short Form Copyright Assignment” covering the compositions at issue which stated:

In consideration of the sum of One Dollar ($1.00) and other good, valuable, and adequate consideration, the receipt and sufficiency of which is acknowledged, the undersigned does hereby sell, assign, transfer, and set over to Bridgeport Music, Inc., its respective successors and assigns, fifty percent (50%) of his interest now owned or subsequently procured in the universe-wide copyright in and to the following musical composition(s) set forth in Exhibit A attached hereto, and all of the universe-wide right, title, and interest of the undersigned, vested or contingent, therein and thereto, including all claims for infringement of the copyrights whether now or hereafter existing, for the maximum terms of copyright, including any extensions and/or renewals thereto, throughout the universe.

DM Records argued that Alvert no longer owned the copyright because of the language stating that Alvert had transferred to Bridgeport “all of the universe-wide right, title, and interest of the undersigned, vested or contingent, therein and thereto, including all claims for infringement of the copyrights whether now or hereafter existing, for the maximum terms of copyright.” The lower court agreed and threw out Alvert’s case.

However, Alvert appealed and argued that it still owned 50 percent of the copyright because of the language stating that Alvert transferred to Bridgeport “fifty percent (50%) of his interest now owned or subsequently procured in the universe-wide copyright in and to the . . . musical composition.” The Court of Appeals agreed with Alvert and reinstated Alvert’s case.

While the two clauses in the assignment contract seemingly conflicted with each other, the Court of Appeals reasoned that the proper reading of the two clauses is that clause cited by DM Records operates as a clarification of the 50% interest assigned in the clause cited by Alvert.

While the decision of the Court of Appeals doesn’t indicate whether the assignment language was from a form book or specifically drafted for Alvert’s particular circumstances, the fact is that the assignment language resulted in litigation that was reviewed by two courts and undoubtedly cost the parties significant time and money.

Just imagine the multiple ways the assignment language could have been made clearer and the whole mess could have been avoided.

The bottom line is that you should always be careful before preparing and entering into any legal document. Contractual language may seem insignificant at the time, but as this case demonstrates, even the simplest language can become very significant when a dispute arises.

Beware of taking shortcuts, as some shortcuts can result in significant consequences, including significant expenses. Before you sign, please be sure to have your legal counsel review any important legal document.

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Pump Up Your Performance – By Paul Kida, The DJ Coach

Don’t settle for just OK; carefully cultivate your skills

It’s the end of the evening and you mentally look back at how your event went. For the most part you are satisfied that you did your job well. People have come up to you and expressed how they enjoyed the uniqueness of your presentation and how well you incorporated the personalities of the bride and groom. Still, there is that nagging feeling that you could have done a little bit better on some aspects of the night’s festivities. “Oh well,” you think, “I’ll do better next time.” You send out a performance evaluation form to the bride and groom and it comes back with Outstanding and Excellent marked, with just a few Goods checked. It looks like you did another bang up job. Maybe those few doubts you had weren’t really important anyway…or were they after all?

Sound familiar? Have you ever found yourself in this position and simply brushed off the doubts as you continued on your way to the next gig, doing business as usual? Is this the work of a true professional-one who is concerned with doing the absolute best for his or her clients? Of course not! Yet, many of us have handled the situation this way.

What separates the truly professional mobile entertainer from the ones who are less than concerned about personal and business improvement is the recognition that growth should be a continual process (no matter how long we have been in the business). What can we do individually to show our professional attitude that is so necessary for our business reputation? Let’s look at a few areas where we can change our outlook and pep up our performance.

More Than An Ounce of Preparation

The first area we should examine is our preparation. Good preparation is the core of any outstanding performance. We often have the attitude that “I’ve done this hundreds of times. I could probably do this in my sleep!” WRONG! Remember this important fact that is easy to forget when we have been in the business for a long time: Each and every event, though it may be similar, is different and unique to the personalities of our clients. This could be the only time in their lives that they will hire a DJ (of course, we need to try to change that!). The point is that we need to show the proper respect for our clients, as well as ourselves, by preparing thoroughly for each event as if it were the first time we were doing this.

Proper preparation includes checking IN ADVANCE OF THE EVENT that we have the necessary music, the proper pronouncement of names to be announced, the names of family members, who the other vendors are that will be working the event, and the way the client wants any special events or traditions to go. Knowing the names of family members and special friends to whom they may want to give special recognition is imperative. Don’t think that you can just show up the day of the event and find these things out, and also present a polished, professional event. Working this way is not doing the best we can for the client. Remember, you can never know too much about your clients, their families and friends. (Even knowing things that should not be said is a great help!) Remember, knowledge is power, and in this case, it is power to create an unforgettable reception by incorporating each individual client’s own vision, personality and style.

Being the Host with the Most

Another important aspect is our actual presence and our MC/Hosting abilities. There is an old saying in the business and it is very true: We definitely should NOT make ourselves the life of the party. However, it is our job to bring life TO the party. Our presence should exhibit professionalism, authority and responsibility the minute we arrive at the facility. Have your clients hired you because they trust you, with your knowledge and ability, to properly direct a reception or party? Then it is your obligation to stand out as the director, MC and/or host for the evening. Show everyone the difference between a truly professional entertainer and someone who just plays music. Show them how it can make (or break) the event. You will see a difference. At nearly every event, I have at least one person come up and say that they had been at a recent event that was very disorganized, with no direction from the DJ. Believe me when I say it makes a big impression on people when things run smoothly.

Are you not sure how to go about hosting or being the MC for a big event? Two great resources I can think of to give you that extra boost of confidence are Jim Cerone’s Perfect Host DVD series and Mark Ferrell’s MC Workshop. Those that have taken advantage of these teaching tools will tell you that what is learned has been a tremendous help for their DJ businesses.

Rehearsal Space

Is rehearsal a part of your regular routine in preparing for an event? You might think that rehearsal is simply something that would be included in preparation, but let’s differentiate a little. Preparation is getting facts and details of the event from the client and planning out the timeline for special events of the evening, as we have discussed. Rehearsal is taking it one step further by actually going through your event out loud. It is something that most of us probably do not do to the extent we should, but it can be invaluable in bringing extraordinary results. By saying names out loud, honing our vocal techniques in front of a mirror, recording ourselves (NOBODY wants to hear the dreaded DJ Voice!), and practicing using both physical and facial gestures, you can become a much more polished and natural DJ/MC. Through repeated rehearsals, your mind becomes more attuned to your upcoming event; it actually becomes part of you and just comes out automatically the day of the event.

Rehearsal can also gives you extra self-confidence. You’ll walk in assured that you will remember the names correctly, that you will be a great MC and that the day will come off without a hitch!

Once More, with Feeling

A point, which too many times goes unnoticed, is that of emotion. Every event we do is filled with some kind of emotion, whether it is excitement, fun, love, humor, and sometimes even sadness in remembering ones that could not be there. We should use emotion to our advantage. For instance, at a wedding there is a huge opportunity to use emotions throughout the event. As an example, during the Grand Entrance, can you do something that will get the crowd emotionally involved before the bride and groom walk through the door? If you have done your homework, there is probably a little tidbit of information that you can share with the guests to really get them pumped up and involved. Take it a step beyond the usual “Let’s make some noise for the bride and groom” routine. Has the couple shared a touching or humorous moment together that you know about from your consultations with them? Look for ways to incorporate this and share it with the guests before they arrive. You can also create emotional moments throughout the evening without overdoing it. (You don’t want to be telling a story every time they get up to do something, and of course, caution is called for. You would never want to say anything that they may have told you that would be improper or embarrassing for them or their families.) The point is, if you can reach the hearts of those in attendance by making it very personal and touching, you will be guaranteed to have the most memorable events-which will set you apart from your competition.

The last thing that I will say is simply, “Be inspirational!” Inspire yourself and you will inspire your clients as well.

Remember; don’t think outside the box…because there is no box! Don’t let go of your creativity. This doesn’t mean that you have to change everything you do, just take it one step at a time. Try changing or adding just one thing to your next gig, then look for ways to change one more thing at the next one. Always look for areas where you can improve. Ask yourself if you are properly preparing for your events. If not, work on those points where you may need improvement. Are your hosting and MC abilities great? If you are not sure, then ask a trusted fellow DJ to give you some constructive criticism, then turn around and do the same for them. Are you not rehearsing before your gigs? Try it and you definitely will see a marked improvement in your performance.

To sum up this approach to improvement, don’t be satisfied with what you are doing now. No matter who you are or how long you have been in the business, you can always grow as a performer and learn new things. Do a personal check on yourself and, where you have to, pump up your performance!

The Host With The Most by Tom Haibeck

Be the best MC you can be-and get paid for it!

Are you charging extra for your services as a wedding MC? If not, you should be.

After all, time is money. If you spend additional time helping the couple plan their reception-and then provide extra service to that couple as a professional MC-you are entirely justified in charging a fee over and above your normal rate for DJ services.

Think of it this way. If you hire a contractor to renovate your kitchen (at a set price) and then ask him to also renovate your bathroom, do you think he’s going to take on that extra work for free? If you retain a lawyer to draft your will (for a set fee) and then ask for your wife’s will to be drawn up as well, do you think the snake, I mean lawyer, will throw that in for free? Hair stylists charge extra for colour treatments (not that I’d know anything about that). Ski instructors charge more for private lessons. Even my shoeshine guy dings me an extra buck if I’m wearing boots (which require more time to polish).

Yet sadly, far too many mobile entertainers are willing to throw in their services as MC for no extra charge. And worse, they often agree to those terms on the day of the wedding (when the bride and groom are in panic mode and suddenly realize they haven’t made any arrangements for an MC). That puts the DJ in an incredibly awkward position, and leaves little or no time for them to properly prepare for their role as MC. The result can be disastrous for all concerned.

And that’s precisely why you need to address the situation with your client at the time of the booking. The fact is, most couples simply don’t have any background in event planning. (Why would they?)

They don’t “get” the fact that feeding and entertaining several hundred guests requires both a carefully planned agenda and a strong presence to lead guests through it (in the form of an MC). As a result, they spend countless hours writing vows and trying on dresses and finding flowers and buying diamonds and trust that everything will just magically flow together on their wedding day.

As we all know too well, that seldom happens. That’s why you, as the wedding professional, need to be proactive in educating your clients about both the need for proper planning and the importance of a properly-prepared MC.

It’s simple communication-if your ski instructor, for example, explains that the one-on-one attention you’re going to get through a private lesson will accelerate the learning curve and have you off the bunny slope on day one, you’re going to readily grasp the advantage and be willing to pay the extra fee for his or her personalized expertise.

Paint a similar picture for your prospective clients. Tell them that you offer two different “packages” of services as a wedding entertainer. Package one-the after-dinner music and entertainment program-provides the basics (music/dancing/entertainment). Quote your price for that and ask them if they have thought about who will MC the wedding reception.

They may have no idea as to what a wedding MC does-so here’s your chance to educate them on the need and up-sell them on your services.

Explain to them that a wedding reception falls into the category of “special event”-the bringing together of a large group of people. And just as a meeting needs a Chairman, a special event needs a Master of Ceremonies to lead people through it.

Emphasize how your experience and professionalism will prove invaluable throughout both the planning process and the performance to follow. Explain why it’s so important to have an experienced professional at the podium to help ensure the evening unfolds as planned (so everyone can have a great time). And be sure to outline the kind of research, attention to detail and overall prep time needed for you to do an outstanding job as Master of Ceremonies.

Once clients grasp the fact that an MC’s role involves far more than just “making a few announcements” and that the time you invest will have an enormous impact on the overall success of the event, they’ll be more than willing to pay you a premium for your professional services. Because while they might not fully appreciate the intricacies involved, they most certainly understand the need for their wedding reception to be fun, exciting and classy.

After all, it’s not only “The Biggest Day of Their Lives”-it also needs to be “The Greatest Night EVER.” Deliver on that dream and it’s money in the bank.

How to MC a Wedding: Top Ten Tips

1. Meet with the couple well in advance of the wedding to plan an agenda for the wedding reception. Commit that to paper and make sure they sign off on it. Then give a copy of the agenda to all key players (caterer, photographer, videographer, people making toasts).
2. Know your audience. Get a read on who is going to be in attendance (ask the couple for feedback) and tailor your presentation accordingly.
3. Don’t try to be funny if you’re not. Your main role is to lead people through the event-and you don’t have to keep the audience in stitches in order to achieve that.
4. Classy and low key always work. Save the jokes and magic and pyrotechnics for the after-dinner dancing and entertainment segment (and let guests enjoy dinner and chat amongst themselves).
5. Interview members of the wedding party so you can use their “back stories” to introduce them. Wedding guests are always curious about who is in the wedding party, their relationship to the couple, where they live, what they do and who they are (as people). Use that information to make an informed introduction (and to perhaps kid each person a little bit as well).
6. Schedule the wedding toasts for the dessert/coffee time. That way, guests can enjoy some special time together, and the people making toasts can have their full attention during the formal “after-dinner” wedding toasts and speeches.
7. Suggest to the couple that all “toasters” be identified in advance of the reception and identified on the agenda. “Open mics” are too often an open invitation to disaster.
8. Try to work with those toasters in advance of going “live.” Make yourself available prior to the start of the reception to give those individuals a chance to rehearse their speech and familiarize themselves with the setting. Be sure to show them how to use the microphone. (You might also suggest ahead of time that they buy a copy of Wedding Toasts Made Easy at WeddingToasts.com).
9. Limit the toasting and speeches segment to a maximum of twenty minutes. Politely advise each speaker that they should limit their speech to a maximum of three to five minutes, and that you may have to give them the hook if they drone on (simply bring up some music and canned applause).
10. If you’re nervous about public speaking, enroll in a Dale Carnegie Course or join a Toastmasters chapter. You’re being called upon to “preside” over the reception (as Master of Ceremonies). The more confident you are as a speaker, the more effective you will be in taking charge of that event and making sure it stays on track.

In The Mood by Jay Maxwell

What kind of atmosphere does your pre-reception play list actually create?

It has always amazed me when someone has the gift of remembering song lyrics and can sing a song “on demand” without looking at any music sheets or lyrics. Several television game shows have even been created that challenge contestants’ knowledge of song lyrics. Often during a consultation with a bride and groom, they will see a song title and then ask me to sing a bit of the song for them. Naturally, I kindly remind them that I am a mobile disc jockey, not a wedding singer, but I will be glad to let them listen to the song to see if it is one they want to add to their play list. Friends of mine have asked me about lyrics and it seems I always draw a blank when it comes remembering them. Even for my favorite songs-those I sing along with on the radio-I do more humming and mumbling than singing because I don’t know the actual words. Of course if anyone asks me questions about who sang a song or the year it was released or how high it went on the chart, then I’m ready to hold an intelligent conversation with them.

Don’t misunderstand me though. Even though my weakness is not being able to sing a song, I am a firm believer that it is an important part of a mobile disc jockey’s job to know the message of a song before playing it for an audience. The recognition that lyrics set the mood of an event is one mark of a true professional who is striving for excellence. At this point you probably think that the remainder of this article will be about the profanity or sexually oriented content which has infiltrated much of today’s music and how we need to steer clear of these songs when playing for a general audience that one typically finds at a wedding reception. Instead, my focus here is on knowing enough about the lyrics of songs in order to set the right mood at an event, in particular, at a wedding reception.

Take a Listen

About fifteen years ago, as my wife and I attended a wedding reception as guests, I recall listening to the songs the DJ played during the social hour while we were waiting for the bride and groom to arrive. Though they were lively, he played many songs that made me wonder if he knew something about the bride and groom’s relationship that the rest of us didn’t. Instead of filling our ears with sounds of everlasting love, many of the songs were about breaking up or cheating. These songs were obviously not being played “on purpose” to send a subliminal message about the couple or their love. He was playing them simply because the music was upbeat. Sure we were all tapping our toes, but in my mind a “dismal” mood had been cast over what should have been a prelude to a grand celebration of love and romance. This experience made me always question my own selection of social hour music and to caution other DJs to be choosey in their initial musical offerings played for guests to listen to as they await the bride and groom’s arrival.

For every wedding, we ask our clients what genre of music they want played for the social hour. Many choose lively jazz or modern love songs. For many years, we had more requests for American Songbook selections (Frank Sinatra, Ella Fitzgerald, and Tony Bennett) than any other category. Recently the trend has been for R&B music from the Sixties by such artists as The Four Tops, The Temptations, Martha Reeves and The Vandellas, Marvin Gaye and Otis Redding. Often people will just ask for Motown artists (or similar songs from other labels) to set the mood. Looking at this issue’s list, the majority of the songs are from the 1960s, with a few from the late Fifties or Seventies. What sets these songs apart from many others is that not only a “toe-tapping beat” but the lyrics-don’t forget, that’s what we are talking about here-are about everlasting and true love. Remember: An hour before the guests first meet you and hear your first note, they have witnessed two people commit the rest of their lives to each other. You are now entrusted to help celebrate this union. Songs such as “How Sweet It Is” or “This Will Be (An Everlasting Love)” were made to be played for joyous occasions such as a wedding reception. The songs on this issue’s list should provide you with a good resource to ensure that the lyrics are not going to be about heartbreak.

Deceptively Cheerful

There have been songs that I’ve played during the social hour that I later discovered were about a soured relationship. One example is the 1966 hit by the Isley Brothers (remade by Rod Stewart with Ronald Isley in 1990) “This Old Heart of Mine (Is Weak for You).” It has a great beat, and by the tone of their singing one would think that it is celebrating true love. Well, perhaps it IS celebrating “true” love, but it is a one-sided love affair. Actually reading the words to the song we find, “This old heart of mine been broke a thousand times…Lonely nights that come… hurting me … heart weeps for you.” The Isleys sing it with such happy voices that one might actually hear a “love” song instead of a heartbreak song. There was one couple who requested (and we played) Al Green’s “Here I Am (Come and Take Me)” for their first dance. For the most part, it could be mistaken for a love song appropriate for a first dance. However the lines, “A love that I cannot have, you broke my heart into half… you’ll find yourself lost and alone on a darkened street” don’t lend themselves to a song for a newly married couple’s first dance. Song titles can be misleading too. Take for example The Four Tops’ classic Top 10 hit “Standing in the Shadows of Love” from 1966. After only the first line of the song, one should mark this off any “true love” list, since the jilted lover says he is “Waitin’ for the heartaches to come.” Later in the song we find phrases like “You’ve taken away all my reasons for livin’” and words like “alone,” “desperately,” “cry” and “misery.” A song like this played during the cocktail hour sends a message completely the opposite of why everyone has gathered for this particular event.

As we strive to be the best mobile disc jockeys possible, we must realize that the appropriate “love content” of a song is probably more important during the beginning of a wedding reception than at any other time during the event. When people first enter the room and begin to settle in to wait for the bridal party to arrive and while they are enjoying dinner they are more inclined to be listening to the songs and absorbing the mood that the lyrics are helping to create. Once the dance portion of the event begins, there is less tendency of the crowd to think about the love content of a song. They might still be attuned to other offensive lyrical content, but that’s another article. Remember that you always have a choice of what to play and what to recommend to a bride and groom or any client-this is equally true when they ask you to play something they can listen to or when they ask you to play something they can dance to.

SOUL SONGS TO SET THE MOOD *

SONG ARTIST

1 HOW SWEET IT IS TO BE LOVED BY YOU MARVIN GAYE

2 I CAN’T HELP MYSELF (SUGAR PIE HONEY BUNCH) FOUR TOPS

3 MY GIRL TEMPTATIONS

4 I WAS MADE TO LOVE HER STEVIE WONDER

5 YOU SEND ME SAM COOKE

6 REACH OUT I’LL BE THERE FOUR TOPS

7 IF I COULD BUILD MY WHOLE WORLD AROUND YOU MARVIN GAYE

8 LOVE MAKES THE WORLD GO ROUND DEON JACKSON

9 MORE TODAY THAN YESTERDAY SPIRAL STAIRCASE

10 SIGNED, SEALED, DELIVERED I’M YOURS STEVIE WONDER

11 MY GUY MARY WELLS

12 WISHIN’ AND HOPIN’ DUSTY SPRINGFIELD

13 THE WAY YOU DO THE THINGS YOU DO TEMPTATIONS

14 THIS WILL BE (AN EVERLASTING LOVE) NATALIE COLE

15 SOME KIND OF WONDERFUL DRIFTERS

16 IT TAKES TWO MARVIN GAYE / KIM WESTON

17 LEAN ON ME BILL WITHERS

18 FOR ONCE IN MY LIFE STEVIE WONDER

19 STAND BY ME BEN E. KING

20 AIN’T NOTHING LIKE THE REAL THING MARVIN GAYE / TAMMI TERRELL

*For the rest of Jay’s Top 50 Soul Songs, check out the November 2009 issue of Mobile Beat

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