Sunday, December 11, 2011

DJ TOOMP-A Mega Award Winning Producer and Songwriter



DJ TOOMP

Grammy-winning, multi-platinum selling producer and songwriter 

DJ Toomp is a true friend and colleague of mine. He has been an urban music producer for over two decades. He has helped create, develop, and expand Atlanta's Southern Hip Hop to a worldwide level of recognition (Music Powers). Toomp has appeared in multiple magazine articles, newspapers, blogs, television and radio interviews. I am honored to be able to sit in the same room with him. Plat'Num World ProjeX thanks him for taking the time to do this interview with me from a few years back. In the below videos, Toomp shares his creative force and tips and tricks on production and song writing.

At a very young age of 6, Toomp’s father taught him how to harmonize giving Toomp an early start on dissecting and constructing songs for major productions. Right out of high school, DJ Toomp hit the music scene spinning sounds that resonated in his soul (Music Powers). In 1985, Toomp recorded his first hit record with Raheem the Dream.

According to Cirocco Jones, author of Music Powers.com, Toomp says, "I like to produce artists and for them to come to my studio and just vibe, more than just take a track and put something to it... I'd rather work with an artist so that things don't go wrong along the way (Music Powers)."

Among the impressive list of artists who have benefited from Toomp's talents are Mariah CareyJay ZKanye WestTILudacrisYoung JeezyRick Ross, and many others. Recently named one of the "Best Beatmakers" by Rolling Stone Magazine, Toomp oversees three ventures: Zone Boy Productions, Toompstone Publishing, and NZone Entertainment, and is currently grooming a stable of emerging talented producers, songwriters, and artists (Music Powers).

Toomp humbly adds, "I've done well in this industry...I have these eyes and ears, and I know what it takes to be successful in this business... I want to win."

If DJ Toomp's past and present accomplishments are any signal of his future, the world is truly in store for more great music, hit records, and innovative productions from this multifaceted musical genius (Jones).

DJ TOOMP drops knowledge to upcoming producers (Pt. 1)
Courtesy of archived unseen footage from "Ultimate Producer" by CIU and Vet Boi™




DJ TOOMP drops knowledge to upcoming producers (Pt. 2)
Courtesy of archived unseen footage from "Ultimate Producer" by CIU and Vet Boi™



Jones, Cirocco. (2011).  MusicPowers.com. DJ TOOMPhttp://www.musicpowers.com/djtoomp/ 

Photo Courtesy of Music Powers.com      


Cirocco Jones-Music Industry Mogul and Author



 1. Please provide a brief history of your contribution to the music industry/business?

Well, I’ve been doing music for a very long time (since the late 80s – 90s).  Like so many others, I started out as a musician, and gradually moved into being a songwriter, producer and engineer.  I’ve done everything from being signed as a recording artist at Geffen Records, to being a staff songwriter at Hush/Orpheus Productions. I’ve done A&R consulting for Motown Records and small indie labels, and I currently work A&R and do consulting for a company called Oceanic Tradewinds.  I am also known for being the author of a book called The Music Powers That Be To Succeed in the Music Industry.  The ‘Music Powers’ book is probably my main contribution to the industry.

2. You are an amazingly talented producer, engineer, and accomplished musician. Which instruments do you play?

1st of all – thank you!  I am primarily a guitar player first.  I have worked live gigs as a bass player and done many studio sessions on keys, but my main instrument is guitar.

3. I know you have worked with some of the greatest in the business, but what do you consider your highest achievement? 

I think my highest achievement has been to help other music people, producers and artists that have gone on to do great things in the industry.  I believe that I have had a positive influence showing other talented people what was possible in the studio; and what being creative, excellent and innovative is about.  I’ve always been told that I am a natural teacher, and that’s cool with me. Maybe that’s why I was put here – to help, teach, and guide others. Some of the people I remember coming around were Alvin Speights, Dallas Austin, Roy Murray, Victor Alexander, DJ Toomp, David Ryan Harris, and many others.  All of these guys have gone on to do great things in the music industry.

4. Being the author of The Music Powers That Be To Succeed in the Music Industry,what was your motivation?

Honestly – I think the biggest motivator was that the book was like a healing for me.  When I was younger, I had no clue of how things worked in the industry as far as the business, and I signed into some pretty bad deals in my early years.  But, as I learned more and more, I started educating myself about the music business part of it.  So, doing the book was like therapy for me – it was a way for me to release a lot built up anxiety from years of both frustration and achievements. These kids really need to know this information because this industry can be really ugly if you don’t know or understand things.

5. You offer so much "game" in the book, when will the next edition be ready mass consumption?

The majority of the new 2nd Edition book is in the editing stage, but will be ready soon. There’s a lot of new content that has been updated; it’s a different “game” out there now, so you have to define what success really means to you.  There are so many new things – 360 deals, social media, YouTube, etc. It’s about more than selling music – it’s about selling a brand too. You have to think beyond selling a CD or music download. Plus, deals are different; the numbers are different – the money has changed; it’s a different landscape, but some of the fundamental things and how they work are the same; like concerts and touring, people will still come out to a live show. The thing that may be different is that instead of just the artist, promoter, agent, and management breaking bread…now the label may have its hand out for a piece of that revenue stream.
But back to your question, and to answer it – the goal is to have the new 2nd Edition paperback available for sale at Musicpowers.com by the end of March 2012. Then, the book will be available to most bookstores, retail and e-readers expectantly by late April 2012.

6. Per our phone conversation and in today's status quo, you believe there is still money to be made in the music business; can you explain?

Yes, there’s still money.  People are still going to pay money to be entertained.  History has shown us, whether through a recession or unemployment, people still want to find a way to escape through entertainment.  People still pay good money to go to a concert. And if you have an act that is able to sell merchandise, then that’s another revenue stream.  If you have a great artist with great songs, and they have a fan base, then that act can make money.  I recently consulted on a project for a new artist Ryan Beatty. He just finished his first single, and then simply by announcing to his fans on Twitter and Facebook that his song was now on iTunes, he was able to skyrocket to #56 on the iTunes Pop Charts in less than 24 hrs.  This was done without any radio airplay, no video, and no big-dollar marketing efforts, etc.  And his merchandise sells out at every show he does. So yes, there’s definitely still money to be made.

7. What piece of advice would you give a new artist looking to enter our industry?

I give the same advice to all new artists I come in contact with – Keep God first.
I know that’s not the answer most people expect to hear, but it's what I believe will keep you on the right path.

This is a tough business.  It’s a big business…bigger than you.  You have to be prepared and very good at whatever you do.  It usually takes a lot of sacrifice and discipline to run this race.  So if you have an opportunity to really get something great going with your career, then don’t sleep on your opportunity – Push yourself. But, the advice I give to artists more than anything else I say is to “keep God first”.  Everything else will work out.

8. Your take on technology and the effects of piracy?

I’m pretty much like everyone else. Digital technology has made it easier to get media distributed all over the world.  It has made it possible to collaborate with talent all over the world… that is cool.  But, because of the digital technology being so readily available online, or so easy to make a digital copy of just about anything, it has become impossible to stop the piracy of music, movies, and games.

9. Where is the industry headed in the next five years?

That’s a great question (smiling).

I think you will see more and more TV shows getting involved with the music industry. “American Idol”, “X-Factor”, “The Voice”, etc are all vehicles to launch music careers – record deals, touring, major exposure, management, etc. etc.

It’s hard say what the future is going to bring simply because we don’t know the new technology that is coming.  Who knows?  Maybe it’s an animated moving hologram movie feature that will become the new media to get a music placement on (laughing). It’s definitely a “Brave New World”.  But, one thing that will probably stay the same; people will still love great music, great songs, and great performances. 


C. Cirocco Jones – A&R, Consultant, Producer, Author
“The Music Powers That Be…To Succeed In The Music Industry”

Friday, November 18, 2011

Legendary Entertainment Attorney Jay B. Ross


Music Industry Interview
With
Legendary Entertainment Attorney
Jay B. Ross,
Attorney-at-Law


Being a Grammy Award Winning Producer, Engineer, Songwriter, Publisher, and label owner, I decided to interview Attorney Jay B. Ross for some advice for aspiring music industry entrants. Attorney Ross provided some very insightful principles in which I can apply to my current business model.

Get Ready to take some notes!

Q: Please, can you provide a little background about yourself along with any major cases you have been involved?

A: My firm is currently suing Corbis and Co. for unlawful use of Rights of Publicity in selling celebrity photos. I have represented James Brown in several cases as well as Shirley Jones, Jerry Butler, Anna Maria Alberghetti, Bonnie Pointer and many others. I have been practicing entertainment law for over forty years.”


Q: Where did you graduate from law school?

A: University of Illinois Law School”

Q: Legally speaking, what are some of the problems or mistakes do you see new people entering the business encountering (i.e. infringing upon intellectual property)?
A: “The most common mistakes I see people making are:
·      Not using a lawyer is the cause of most mistakes,
·      not getting a mechanical license when releasing a cover song,
·      signing so-called "Standard Contracts" (no such thing),
·      not putting escape clauses in service contracts.
·      not being loyal to those you can trust,
·      not being prepared for the highs and lows of the business,
·      doing drugs,
·      indiscreet personal affairs and nudity in most cases,
·      not getting it in writing,
·      not getting receipts for cash business expenditures,
·      not keeping up with your business,
·      not doing due dilegence when contracting with new people (a lot of sharks in music's waters). 
·      The worst scam of all is when a production or record company wants to "sign" you up and have you pay for their efforts. Don't confuse this with production situations where you pay someone to do the work and you end up owning the project.” 
Q: In the music industry, what are some of the laws you recommend an aspiring artist, producer, or label need to know?
A: “Own and read Passman's ‘Everything You Need to Know About the Music Business’ and Billboard's ‘This Music Business’ by Shemmel and Kraslowski. Reading Billboard Magazine will acquaint you with new laws and trends. Free access to copies of all can be read at the Music Library on the eight floor of the Harold Washington Library.
Q: With someone were trying to setup a production or record company, what essential advice would you recommend?
A: “Use a lawyer and if you can afford it, incorporate.”

Q: If they were to seek investors in today’s market, which information would you advise they have in their business plan?
A: because of the risk, music investors are the rarest of all investors. If you can show a potential investor that they will be even partially paid back even if the project fails, then you've got a better chance. I do a loan and pay back contract that investors seem to like.”
Q: Do you have any suggested educational platforms (suggested books, websites, blogs, or podcasts)?
A: “as contacts are almost as important as contracts, one must attend conventions. If product is available to license, one must try the MIDEM conference in January in Cannes, France; Almost anybody who is anybody in the music business is in attendance. Billboard conventions are a go for beginners and a place to meet the panelists. I like Tommy Silverman's New Music Conference even though I haven't been a panelist there for a few years. Billboard Magazines have lists of other conventions. When you go, don't be shy. Put your hand out and meet people and take plenty of business cards. If you don't have a business, then have the card read "Your Name Enterprises", Your Name, President. As to books see above. As to the others search the web and you'll find more than you can handle.”
Q: if someone wanted to procure your services, how can they contact you?

A: Jay B. Ross, Attorney-At-Law,
842 West Grand Avenue
Chicago, Illinois 60642,
Out of state phone number: 888-4JBRoss.

Also, I am a member of Super Lawyers, Leading Lawyers, Avvo (Superb rating) Facebook, Twitter, Hi5, LinkedIn, the Masons, The Variety Club, ZBT Fraternity and my Web site is 
JayBRoss.com (J. Ross, email communication, November 16, 2011).





Reference:

Ross, J. (2011, November 16). Music Industry Interview
With Legendary Entertainment Attorney Jay B. Ross, Attorney-at-Law. Email interview.

Ross, J (2011). Jay B. Ross and Associates, P.C. Retrieved November 18, 2011 FROM http://www.jaybross.com/




  



Sunday, October 30, 2011

The Website Crook


Website Crooks:
Rights of Publicity
&
Intellectual Property (IP)

As a Grammy Award Winning Producer, Engineer, and Songwriter, one day I received a call from a colleague informing me that someone was using my likeness on their website to generate business for his company. I would not have an issue with this, if the person would have simply asked and worked out some type of license agreement from derived income.



The question:
Can I sue someone for using my photo and likeness as a means of exploitation for pecuniary gain on their website?

The answer is YES! A person cannot use your image or likeness without prior written authorization or a granted license for financial gain. According to Brett J. Trout, author of Cyber law: A Legal Arsenal for Online Business, “The right of publicity protects the commercial interest in one’s persona, name, and likeness and, in some jurisdictions, one’s nickname, voice, mannerisms, characterizations, and performing style (Page 78).” According to Attorney Daniel A. Hetzel, “an individual’s Right of Publicity is derived from the First and Fourth Constitutional Laws versus the copyright law. However, it can have implications from copyright and trademark infringement to the extent copyrighted music and trademark logos are utilized. State laws have supplemented this constitutional right.”
  
I read in the Boston Globe, Michael Jackson’s Estate sued Howard Mann, Vintage Pop Media Group, LLC, alleging “Mann and the site are using Jackson's likeness improperly, including images from the film This Is It and five sketches the singer drew.” The website, Jackson’s Secret Vault, is selling a book written by the singer's mother, Katherine, and has released music attributed to the late pop superstar. 
(Courtesy ofJacksonSecretVault.com)
Mann was the person who purchased “Michael Jackson family’s storage vault held at a Federal Bankruptcy Court. The storage unit contained various memorabilia of Michael Jackson. In April 2011, the defendants’ motion to dismiss the case was denied by the United States District Court Central District of California (Case No. 11-00584 DDP (PJWx).” The case is still pending.

Lindsay Lohan’s lawsuit against Pit Bull, Neyo, and Afro Jack is another recent instance of right of publicity. First, let me start by stating; Lindsay definitely has some level of brand equity to her attribution. The song entitled “Give Me Everything” was a 2011 summer smash. Currently, It is still being played on major radio stations and has over 169 million hits on YouTube. Personally, I don’t believe its damaging to her persona. Her pre-existing actions of drinking, partying, drug use, and violating probation take precedence over Pitbull’s recital of her name, “Locked up like Lindsay Lohan.” It’s simply a metaphor. It would be a different situation if the hook of the song were called “Lindsay Lohan.” She may have a case at that point. Pitbull could, actually, change the lyrics to say, “Locked up like Akon,” and he would still have the same hit record. Nevertheless, I can look on both sides of the coin to see validity.

Regarding copyright infringement, many people believe the song entitled “Barbara Streisand” by Duck Sauce is a completely original piece of work. 
Night Train, Written by Hallo and Bimmelbahn
Boney M. "Gotta Go Home"
Written by Hallo and Bimmelbahn

However, according to the RIAA, “the use of any part of a song requires a license. So, if you perform, reproduce or distribute clips, you should contact the sound recording copyright owner for a license (RIAA).” Most beatmakers and samplers believe they can use any sample within 0-30 seconds of an original work. Simply, not true. Additional, recent rulings, such at the Napster’s Copyright Infringement Case, have set precedence towards setting injunctions towards copyright violator’s whether they are on Internet or not.

A word of caution to the mashables and samplers, the copyright police are out and collecting on copyright infringers!



References:
BostonGlobe.com. (January, 2011). Michael Jackson’s estate sues over website. Retrieved from http://www.boston.com/ae/music/articles/2011/01/20/michael_jacksons_estate_sues_over_website/

Hetzel, Attorney Dan Hetzel. (October, 2011). Retrieved from http://www.baughdaltonlaw.com/attorneys/dHetzel.php

Jackson, Michael (October, 2011). Michael Jackson’s This Is It. Retrieved from http://www.thisisitmovieondvd.com/

Michael Jacksons Secret Vault. (October, 2011). Retrieved from http://www.jacksonsecretvault.com/

Recording Industry Association of America (April, 2011). Clear Victory fo Recording Industry  in Napster Case: Ninthe Circuit Rules in RIAA’a Favor on Every Legal Issue Presented. Retrieved from http://www.riaa.com/newsitem.php?content_selector=newsandviews&news_month_filter=2&news_year_filter=2001&id=EA742466-C6DB-1D28-CF94-411172C649C7&searchterms=sampling%20&terminclude=&termexact=

RoseSpeaks.com (October, 2011). http://www.rosespeaks.com/wp-content/uploads/downloads/2011/04/4-19-2011-Court-Order-Denying-Mann-Motion-Dismiss.pdf

Trout, Brett J. (2007). A Legal Arsenal for Online Business. © Published by World Audience, Inc New York, New York.

Sunday, October 16, 2011

Live Music Equals Revenue


Live Music Equals Revenue



For the bedroom-recording artist, it’s time to hit the road! As we all know, the economy is still in a down spurt. Since the Millennium, album sales have declined. Digital sales have tapered. Due to piracy, artists have to give their music away for free to acquire a fan. However, there are multiple streams of income-generating avenues to pursuit, but today the suggestion will be that of live shows. More specifically, live music festivals are the key to supplemental income. According to Pollstar.com box office sales reports more than $4 billion in annual domestic ticket sales.

HERE ARE SOME POTENTIAL MUSIC FESTIVALs:
         LOLLAPALOOZA
         COACHELLA-INDIO, CA
         TASTE OF CHICAGO-CHICAGO
         Essence Music Festival
         BILLBOARD MUSIC CONFERENCE
         BONNAROO-MANCHESTER, TN
         ATLANTIS MUSIC CONFERENCE-ATLANTA, GA
         SASQUATCH MUSIC FESTIVAL-GEORGE, WA
         PITCHFORK MUSIC FESTIVAL
         SXSW MUSIC FESTIVAL-AUSTIN, TX
         SUMMERFEST-MILWAUKEE, WI
         RHYTHM AND SOUL AWARDS-ATLANTA, GA
         MULTIFEST-WEST VIRGINIA
         JamBase.com
         MusicFestivalFinder.com
        
So how does an artist get on a music festival? Well, to keep it real, an artist must be able to draw people numbers to a show. Yes, this means you must work even harder than trying to sell CDs on the street after a club or online. According to MediaWeSource.com, here are some preliminary steps to getting onto a festival.

Formulate a Press Kit - The first thing your indie act or garage band should do is to get a band press kit together. Band Press Kits and Music Press Kits are an integral part of any musician’s band or a music career.  Sometimes they are referred to as media kits or an artist bio.  Band Press Kits are used for music promotion, music publicity, booking agents, and band promotion. Once you have your press kit, you'll have a vehicle to start promoting your indie band. 

Video- Make sure there is some kind of an online presence via your social media site such as YouTube, Vimeo, Viddler, personal URL or website. Yes, you are going to have to perform on video. Promoters like to see how you sound. Perhaps, uploading a video of a live show would enhance your chances.

Music (MP3s, CDs, or Downloadable cards) - For most gigs, a club owner or party planner will want to hear how your music sounds.  So record your indie band Demo CD or Tape.  You may want to buy or rent a portable home recording studio such as Protools, Logic, Cubase, Record/Reasons, Nuendo, Ableton, or FL Studio. Make sure your songwriting is of professional quality. 

Open Mic Nights - Start off playing open microphone (Mic) nights at local clubs.  Not only will this give you a little experience on stage, you'll actually have a built in audience. Many open mic nights are hosted by more established local bands or indie acts. Make valuable contacts for the future with the hosting bands and other local bands playing at the open mic night. Check your local music newspapers, perform an Internet search for open microphone nights in your city, or search music websites to find this information.

Gig for Free - The reality is that you’re not going to get paid when you first start out. Offer to be an opening band for free for a local band you know. Network with bands than you may have met at an open microphone night. E-mail more established indie bands in the area and offer to play an opening gig for them. Many indie bands love opening acts. They don't have to pay you much and they don't have to play as long of a show. Hand out business cards and press kits to any clubs you play. Make sure to follow up with the venue after you have given them your press kit. Call or e-mail to make sure they get back to you. Be persistent. Prospective indie bands and garage bands are constantly approaching booking agents and club owners.

    Promote, Promote, Promote - Now that you've played gigs at open mic nights, start calling clubs and soliciting your Press Kit and Demo. It's a good idea to visit clubs that play your style of music and talk with the booker of the club.  Leave them a press kit and demo CD.  Give the club booking agent a day or two to listen to your demo. Call back and get some feedback. Ask for the gig or show for your band. Again, be persistent!

Approach Town Fairs, County Festivals, or City Concert Venues - Another way to get exposure is to gig for a large audience at a local fair or festival. Most of these gigs your band would play for free to get exposure. Some festivals do pay bands once they get a following or fan base.  Do some research on the Internet to see what local agencies take care of bookings for festivals or town fairs. Give out your band business cards at the show. This is a good promotion tactic. Someone in the audience may want to book your indie music act in the future (MediaWebSource.com).
        
Final note, please be advised that if you sell your product at an event, the venue will more likely want a percentage of your gross sales in merchandising.


References:


Media We Source.com (October, 2011). How to Get Band Gigs
For Your Band, Local Band, or Garage Band
Retrieved from http://mediawebsource.com/howtoget.htm


Ring, Julian. (April, 2011). Music Festivals Take Center StageEvents like Coachella, Lollapalooza begin to overshadow the concert market