CMJ, Record Deals & A Label’s Checking Account (aka $0.00)

17 10 2008

I am heading east next week to take part in the madness that is the CMJ Music Marathon.  New York’s music scene is always great, but during this five day stretch there is no better place in the world to see and hear some of today’s best independent music.  For us on the business side of the music scene it also a great opportunity to network, schmooze and drop names without trying to hurt one’s toes.

Last year at this time the word was that the major labels were in serious trouble.  That obviously played out to be accurate.  While the labels are definitely hurting, I have noticed that they are no longer the slow moving mass that they once were.  Sure there is still the old guard pulling the stings of the A&R and creative departments at the majors, but I think it has finally registered that making money off of physical record sales is just not going to buy the CEO his 2nd jet anytime soon. 

360 deals are being pushed hard by some labels and industry giants (eg. Madonna and Jay-z with Live Nation).  Companies are taking a piece of everything an artist touches from album sales to touring to merchandise.  In return the artist is promised national and international marketing and promotion by a label who still has the connections and manpower to launch such a campaign.   I am still not sure if this model can be mutually beneficial.  Judging by the insistence of some labels to only use 360 deals, I have a feeling they tend to skew in favor of the labels a bit more than the artist.  Just a hunch though.

If a band is looking for a more traditional deal, they are still available.  A one and five deal (one album with the option for five more) is still commonplace with many of the lables who are still around.  These are typically too long of a time period and too onerous on the artist (transfer of ownership your music is the norm), but have been around for so long that they have become the “industry standard”.  In the past a label would convince an artist that a long term recording agreement was the way to go and would sweeten the deal with a phat or fat advance.  Not so much these days. 

Bottom line, an indpendent band that kills it at CMJ next week will probably get an offer from one of the  many lurking label execs present at its showcase.  Whichever type of deal is offered, rest assured there will be a teeny tiny advance attached.  Labels do not have any money.  Its gone.  The days of six figure advances and seven figure recording budgets are history.  The labels’ belt has gotten tighter just like every industry in America.  On top of that, we are in the final quarter of the year so any coin that the labels had has most likely been committed to an earlier project. 

So what’s my point?  Don’t wait for a killer deal.  It just isn’t going to happen.  Musicians should definitely listen to any offer and be courteous while doing so.  Then they should think about this:  can they do the same thing the label is offering on their own?  If the answer is yes, and a band can forge strong relationships with strategic management companies, booking agents, merchandise companies and lawyers, they may not need a label.  If a band can do all of that, they definitely do not want to give up ownership of their music or have someones hands in their pocket during a performance, at the merchandise tent and at the record store.

Lots to think about.  Perhaps we should wait to think about it all until after next week when we have completed the music marathon.

SHAMELESS PLUG(S) OF THE WEEK:

Toki is getting well deserved press.  Click her wicked cool necklace above for more info. 

You may have already seen this, but I think its awesome:





Schoolhouse Rock; The Joy of Section 181 (H.R. 7060)

7 10 2008

A while back a lot of movies were being filmed in Canada.  Was it the pristine arctic air?  Perhaps the free flowing Molson Lagers?  No, it was for the more traditional reason of saving money.  In 2004, the United States government with a lot of help from the powerful Hollywood lobby passed into law the American Jobs Creation Act of 2004.  Within the Act lay the somewhat ambiguous and benign Section 181.

Section 181 was the government’s response to what had become known as Runaway Productions; American produced movies filmed on foreign soil.  Section 181 allowed film makers to entice investors with incredible federal tax incentives.  An investor who invested his money in a film production which was primarily (75%) filmed and produced in the United States could write off every dollar that was spent on the movie in the year in which it was spent as a tax deduction against his or her passive income.  If you are still reading, several questions are probably popping up, such as:  What does any of this mean?  Why would a musician care? or Who has any money to invest?

Fair questions.  What Section 181 means is that while the rest of the once upon a time “safe” investments, like the stocks and real estate, are hemorrhaging money, movies actually are thriving.  Investors are seeing great returns on their investments.  Proof, Beverly Hills Chihuahua made $29 Million last weekend.  I mean come on, it wasn’t even the taco bell Chihuahua.  Even if your movie investment doesn’t make money, an investor is safeguarded by the handsome tax breaks of Section 181.  Meaning, the tax deduction an investor can take guarantees a certain rate of return regardless of the movies commercial success.

economic crisis?

economic crisis?

Why would a musician care about this?  Well, as I have written in the past, Section 181, as well as the various state tax incentives, also apply to movie videos.  If your band wants to make a kick ass video to air on MTV2 or to virally link to your facebook, myspace, ning, youtube, and personal webpage but don’t have the coin to pay for the crew and equipment, entice your grandfather with the benefits of 181.  Seriously, if handled correctly and accounted for in the right manner, the tax benefits may cover more than 50% of the costs of the video.

Why am I writing about this now?  A couple of reasons.  First, Section 181 was set to expire on December 31, 2008.  Consequently, if you want to capitalize on the tax breaks you need to have a film/video budget complete as well as shoot one day of principal photography by the end of the year.  The second reason is that the House of Representatives in addition to trying to solve the financial crisis, recently passed H.R. 7060 which, in addition to extending a number of other tax incentives, extended Section 181 of the 2004 American Jobs Creation Act from December 31, 2008 to December 31, 2009.  The bill is alas, still just a bill and must pass the house and be signed by the lame duck President to be effective, but its a positive start.  Follow its progress here: http://www.govtrack.us/congress/bill.xpd?bill=h110-7060.  If you don’t remember how a bill becomes a law, I’ve embedded a very helpful video at the top!

Whether it passes or not, you will need the help of a lawyer and accountant to take advantage of the tax benefits.  Sounds like a pain, but not as much of a pain as shooting your video on your flip phone and using your flash light to create a mood.

SHAMELESS PROMOTION OF THE WEEK:

Check these young bucks out.  Hip Hop is about to get a wake up call by rhyme master Love Jones and beat maker extraordinaire Slot-A.  Chicagoans via elsewhere, they are set to blow up.

Love Jones Slot-A








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