Business

Black-Eyed Peas and Plagiarism

Posted on by IJ



For the second time in a year, the Black-Eyed Peas face a possible legal action because of plagiarism.  In this particular case, it’s hard to imagine how the BEP’s DIDN’T hear this original song by Phoenix Phenom, who submitted the song to executives at Interscope Records which happens to be the Black-Eyed Peas record label.  Have a listen to Phoenix Phenom’s (her real name is  Ebony Latrice Batts) original song:

And now, here’s the Black-Eyed Peas song “Boom Boom Pow”, which was a huge hit for them:

At the risk of getting into trouble, here’s a section of the lyrics from Boom Dynamite:

I got that boom dynamite, I make it bang all night
I got that boom dynamite, I make it bang all night
I got that boom boom boom boom boom
I got that boom boom boom boom boom

What you got that I ain’t got (nothing)
I could make it shake when the beat drops (money)
Is what ya’ll say when you hear this
Fear this cause you’ll never come near this
All the boys wanna tap tap tap
Flosin’ jewels with the rap rap rap
They like the bus downs with the clap clap clap
But this right here snap snap snap
(I got that thang) I got that thang (thang)
That make ’em mine
I try to take it to take it to the floor but they cant handle (no they cant handle)
Ya’ll cant pop (pop) pop
You cant drop (drop) drop
I’m like a beat 52 I’m coming for you



And an excerpt from the Black-Eyed Peas version:

Boom boom boom, now
Boom boom boom, now
Boom boom pow
Boom boom

Yo, I got that hit that beat the block
You can get that bass overload
I got the that rock and roll
That future flow

That digital spit
Next level visual shit
I got that boom boom pow
How the beat bang, boom boom pow

I like that boom boom pow
Them chickens jackin’ my style
They try copy my swagger
I’m on that next shit now

I’m so 3008
You so 2000 and late
I got that boom, boom, boom
That future boom, boom, boom
Let me get it now

The lyrics are not exactly the same…the subject matter is similar.  The rhythm and lyrical meter in each song are definitely similar, and the line “I got that boom…” is certainly the same.  My guess would be that Pheonix Phenom would be able to show that the Black Eyed Peas had exposure to the song because she brought it to their record label, which is quite often what it comes down to in a plagiarism suit.  And because she would have a good case, the Peas and their record label would be forced to settle.

It’s never worth copying anything…even if it was unintentional, you would think that someone would have picked up on it somewhere down the pike.

Update Oct.30/2010 – Another plagiarism suit against the Black Eyed Peas.  This time it’s from Bryan Pringle, whose song “Take A Dive” was submitted to the same record company, Interscope Records, and shows a copyright date of 1998.  I’m thinking that maybe this has been a pattern with the label, just use old songs that were submitted and make them into hits.  Read more here…

Enhanced by Zemanta

Signing To a Major Label Ain’t What It’s Cracked Up To Be

Posted on by IJ



For many years now, the deepest desire of many bands and artists has been to find themselves signing a contract with, say, Warner Music or one of the other “big five” record labels in the US, and walking home with a pocket full of dough and a bright future ahead.

Label of an Emerson Record from 1919. This 10-...
Image via Wikipedia

On every music site on the web, independent bands and artists are asked if they want to be signed to a label and you can bet your bippy that most of them click off the “yes” box.  Signing a major label contract is the holy grail of many an artists’ life.  And most of them have no idea what it means.

I speak, of course, from the outside because I have never signed a contract myself.  However, I personally know people who have, and from the artists’ perspective, I can tell you that it ain’t always a sweet deal.



It is a well-known fact now that record labels made a whole lotta cash from old blues artists and their music years ago, hardly sharing a penny with those who actually wrote the songs or performed on the recordings. A lot of these blues men ended up poor and on the streets because they were only given a very small lump sum to sign away the rights to their music.  Many of them couldn’t even read or write, let alone understand that they were being taken advantage of.  In the meantime, these record labels made millions from them.  And as labels themselves over the years have swallowed up smaller labels and have turned into big, belching conglomerates making millions and millions from their artists and bands year after year, it appears that they’ve gotten greedier.

First, let me explain to a degree how an artist or band contract works.  This would not necessarily apply to older contracts with well-established artists, as contracts get re-negotiated over time.  But for newer bands and artists, it works something like this:  you sign over the rights or part of the rights to your songs and they give you a few million dollars.  Sounds good, eh?

Actually, they don’t give you a few million dollars in the end, because every time you record or do a tour or need promotion, etc., they take that out of your few million.  And then they expect you to pay it all back.  So you really don’t have much control over the money they “give” you, and in fact, it’s more like a loan.  In the end, what they are really doing is putting some money towards your career and then expect you to pay it all off.  In the meantime, you have to live off that money.  If there are, for instance, five of you in the band, that’s five people who need food, clothes, a place to live, and every other ordinary expense you can imagine, all coming out of that one lump sum of money.  That’s besides the cost of recording, touring, promotion, etc.  That few million runs down pretty quickly.  And you OWE it back to them.

So not such a hot deal, eh?

But wait a minute.  You’re making money off the tour and the record sales, right?  But the label decides how much of it goes towards your “loan” and how much they stuff their coffers with.  And now, as it turns out, there are even cases where if you make money from downloads, they take almost all of it.  An example is in a story on Wired Magazine‘s website where Tim Quirk, who knew a little bit more about digital music services than the average joe, found out that his band’s label, Warner Music, was doing just that.  While he figured out that his band made some $12,000 from albums distributed digitally, Warner Music only paid them $62.47.  That’s right, sixty-two dollars and forty-seven cents.

It’s no wonder that record labels have built themselves such a crappy reputation with the general public.  They are seen as bloated and greedy.  And they are.  Unfortunately, the bands and artists signed to them are stuck with a contract and a big loan to pay off.  So if you are not signed to a big label, count yourself as lucky.

Just my humble opinion, of course 🙂

IJ

Reblog this post [with Zemanta]

How Do Songs Get On The Radio?

Posted on by IJ


KKHH
Image via Wikipedia

©I.Woloshen

I worked in a small radio station here in Victoria back in the 90’s.  The format was “oldies”, which, at the time, meant songs from the 50’s to the 70’s.  These days 80’s and even some 90’s songs are considered oldies.  Which makes me feel — REALLY oldie :-).

Members of my family have been in radio on the lower mainland in the Vancouver area for decades, in everything from talk to news to adult contemporary and pop formats.  As happens often enough these days, a radio station can change its colours many times over the years.  In a city where there is stiff competition, having a hot, new format with a popular playlist is what everyone is after.



Here in Canada, disc jockeys or “jocks” are obligated to provide a certain percentage of Canadian content.  This regulation was created years ago when our radio waves were pretty much overwhelmed with American music.  Not that this was a bad thing, but in a country with one tenth of the population of our neighbours, the opportunity for Canadian artists and bands to get radio airplay was pretty slim, so the regulation helped in the beginning.  Many radio jocks now argue that the rule is antiquated and that Canadian bands and artists are now big enough and good enough to fight for those positions without the rule.

For commercial stations these days, especially those owned by big conglomerates like Clear Channel, they don’t have much say in what goes on their playlists.  Most, if not all, of the songs you hear are from the “big five” record labels from well-established or hot new artists the labels are pushing.  And let’s face it, a lot of kids especially want to hear the artists they know and love.  But what many don’t realize is how “unlocal” their radio stations really are.   Sometimes there isn’t even a “live” jock, it’s all pre-recorded by one person somewhere and sent to all of the other stations that the company owns.  So trying to get your band or your song on a local radio station is harder than it ever was.

However, many local stations will have a show devoted to local bands and artists.  And college or university stations, which are not commercial, are free to play pretty much whatever they want, whenever they want.  In fact, many bands and artists these days often “break” on a college station and build on their audience that way.

As an artist these days you have a lot more access to information about your local commercial and college stations, and that’s where you need to begin.  Most of them have websites, and many of those list their shows, artists and other information about them that can come in handy.  If you research carefully, you will find the name of the programming director.  These are the people who decide what plays and what doesn’t.  As I said earlier, they may be restricted somewhat these days by people on high regarding the music they play, but if there is some kind of show featuring local artists, that’s your in.

Here are some tips you might consider:

  • Research is very important;  the most obvious point is to make sure their format fits your songs.  Don’t send your rock songs into a country station!
  • Write a good cover letter, not too long, introducing yourself and your music and package it nicely with your CD or demo
  • Be professional but you can be creative too in the package you send them, in order to get their attention
  • If you must, do a follow up phone call, but DON’T HARASS the program director or the station!  That’s a sure way to get black-listed
  • Do not give up, sometimes it’s all about patience and having your name heard a few times by the people who count

As I mentioned in the beginning, I worked at an oldies station back in the 90’s, but it never ceased to amaze me how many CDs ended up in the garbage because whoever was sending it had not paid any attention to the fact that we played Elvis, not Enya.  Even the big record labels sent CDs of recent releases!  Not very efficient or practical on their part…my guess is that they just sent these out to absolutely every station with no thought to whether or not the station would actually play it.

I’ve heard my songs on the radio a few times.  It’s a pretty exciting thing, and with a little patience and persistence I know you will experience the same thrill one day 🙂

Reblog this post [with Zemanta]

Creating Great Songs and Apple Pies

Posted on by IJ


Apple pie with lattice upper crust
Image via Wikipedia

I recently polled some of the members of a songwriting newsgroup to see what a songwriter thinks makes a “great” song. When we listen to a song for the first time and it hits us smack in the face, what is it that gives us that “shiver down the spine”, as one member put it?



Some interesting responses that came out of this went something like this, in no particular order:

  • passionate performance
  • it’s got to do something to my head, heart or feet
  • catchy intro
  • feel
  • emotion
  • easy rhymes
  • story songs with a twist
  • good groove
  • strong hook
  • melody I can hum along with
  • I like the words to surprise me
  • good arrangement and lyric depth
  • a song has to breech my defenses with a good melody (I loved that one 🙂
  • I think my taste is a product of my own circumstances (that was good too 🙂
  • artistic integrity
  • overall sound, mostly melody driven
  • prosody (how perfectly the lyrics match the meter of the music)

Most people who are NOT songwriters would likely express the same things, with perhaps less use of the lingo that we songwriters often use. And still, there is this indefinable “wow” that we can’t really put our finger on, which might also be very different for each of us. How do you define it?

We are, each of us, capable of writing a song. In fact, I’d even go as far as saying that writing a song is really the easiest thing in the world. But writing a GREAT song is what we are always chasing and that mystery ingredient (or combination of ingredients) is often eluding us when it comes to our writing. Anyone of you out there who doesn’t want to write a great song? When we study the craft of songwriting, sometimes we fool ourselves into thinking that all we really need are the perfect ingredients, and how hard can that be? Just look at the list above, and go from there!

But there are a couple of things missing from that list. I think they are things we overlook more often than not. First of all, even if you put all of the “right” ingredients into an apple pie, there’s always a cook who can bake a better one. Is it possible for someone who hasn’t baked an apple pie before to create the perfect one first time out? Well, anything is possible. But it’s more likely that the person who has been baking apple pies for a long time has a better chance of coming close to the perfect pie. So the first missing ingredient is “experience”. With enough experience, enough trial and error, I believe that just about anyone could write a really good song. The thing is that you also have to love doing it enough to put in the time to get good at it. Many would likely never take the time or have the patience to actually learn the craft. Not all of us want to study the craft of baking apple pies either 🙂

Apple pies are also individual…nobody can make one exactly the same as mom does. And that is also true about songwriting. So along with the experience factor, there is the element of uniqueness. What is it about a newer artist that makes them stand out? These days, there are a lot of cookie cutter songs out there. I recently listened to a top 10 list of songs and five of them were hip hop or rap. I have nothing against those genres, but what I noticed about each song was that they had almost exactly the same drum sound and the same BPM (beats per minute or tempo)! Rap and hip hop have been really big in the last few years. What is going to kill the genre, if anything, is that they are all going to start sound the same after awhile, and the audience’s ear will tire of that. You can’t just throw the same song out there over and over and expect people to have the same enthusiasm for it for long.

SO…having a unique sound or perspective (or even production for that matter!) may take you a long way in this business of songwriting. And writing enough songs to develop a track record and get some experience will do the same.

Reblog this post [with Zemanta]

How Much Money Does A Songwriter Make?

Posted on by IJ

[This post was originally written in 2006.  Seven years later, it is much, much more difficult for songwriters to make an income from their songs because record labels are going under in, well, record numbers!]


I’m writing this article because I am truly surprised at how many people find my website using exactly those key words “how much does a songwriter make?” Why am I surprised? We are a society hell bent on making money. So why wouldn’t a person who likes writing songs think, at one time or another, that they might actually make money from it?

First words of advice: If you start writing with the idea of making money, it won’t work! Why not? Because you won’t last long enough. The average songwriter in Nashville, for example, has to work at it HARD for an average of seven years before even seeing anything. Most give up before then, especially the ones who ask “How much money does a songwriter make?” 🙂 You have to love it, that’s the only thing that will help you hang in long enough to see anything come of it.

Okay, you probably didn’t come here for a lecture, you want the cold, hard facts. Here are some facts:

1. Songwriters make some of their income from mechanical royalties. In the US, the royalty used to be 8.5 cents per song per unit (CD) sold. On January 1st, 2006 it became 9.10 cents. An album that sells 500,000 copies in 2006, would give the songwriter $45,500 per song. Sounds like a lot, eh? 🙂 But…

2. Less than 1% of ALL ALBUM RELEASES (I mean, ALL of them) sell more than 1,000 copies. Less than 1%. That means more than 99% of the albums released in 2006 will sell less than 1000 copies. And, because fewer people are purchasing CD’s, that number might be expected to go even lower.

3. Let’s put this together: It will likely take you at least 7 years to get a cut on an album, which has a 99% chance of selling less than 1000 copies. If it sells 1000 copies, you make $91.



Here are some more statistics:

48,000 = number of writers and artists in Nashville trying to “make it.”

1,350 = number of songs recorded in a year on major labels.

85% = percentage of songs recorded going to “insider” writers, publishers, producers, etc.

75 = number of songwriters getting 1 or more cuts per year in Nashville.

Why am I using Nashville as an example? Because that’s where a lot of the business has been in the last 20 years! And where would you go other than the place where it’s all happening?

The above stats can be attributed to a very interesting thread that happened on my old message board…a kind of blog written by BobbyJoe, someone who just moved to Nashville a short while ago and who has been dealing with the business of songwriting one day at a time.

$91…THAT’S how much songwriters make. To begin with. If that doesn’t take the wind out of your sails, then I refer you to a couple of other articles on this website. The first is a brief Beginner’s Guide to Publishing . This gives you an idea of how song publishing works and what you can expect. Another article covers the steps you should consider taking, everything from performing to getting critiques, creating demos of your songs, books and songwriting organizations. It’s called Your Songwriting Career.

If you found this article because you Googled “how much does a songwriter make”, and you’ve made it this far through the article, you just might have half a chance. Good luck 🙂

Reblog this post [with Zemanta]