Unique Methods to Fund Records and Films

18 04 2010

Websites that serve as independent fund raisers for artists are not new.  Over the past decade several sites using the fan funded model have popped up (some have subsequently disappeared).  The sites are natural offspring of some entrepreneurial and creative musicians and film makers realizing that the label/studio system probably is not going to work form them.

The basic premise is that you offer your friends, family and fans (the 3f’s)  an opportunity to participate in the creation of your new album or film.  In exchange for buying a piece of the project the 3f’s will get extras that the general public will not get.  Examples of the extras that participants get are: exclusive tracks, t-shirts, signed copies of vinyls, screenings with the cast and crew, etc.

Some models have tried to take it to the next step and share income with the 3f’s who go from participants to investors when they provide money to a project.  Sellaband.com is probably the most well known band investment models (now in bankruptcy, this concept obviously has some issues to figure out still).  On the film side of things sites like kickstarter.com and indiegogo.com have had success in getting independent movies with fairly small budgets into production via fan participation.

But what happens when you want to raise more than $5,000 or even $50,000?  I guess it depends on how wealthy your 3f’s are.  For most of our clients we are trying to raise money in the several hundred thousands or millions for their projects.  Their 3f’s are typically not looking to get a t-shirt or dvd out of their participation when they are putting that much money into a project.  In most scenarios a participant becomes an investor and will want to see a monetary return on his investment.

Equally as important, the method for raising money with the promise of a financial return on investment follows very strict rules and regulations.  When you try to raise significant funds for your project you are essentially selling securities or stock in your product.  The Securities and Exchange Commission governs these type of transactions and you must follow their guidelines or risk serious consequences.  Unfortunately, the legal fees for setting up an Offering (offering of a financial interest in your project) are high and you definitely cannot create an Offering on your own (even if you find an example on line).  Oftentimes, musicians and film makers must go to their 3f’s just to get the money to pay for the Offering.

So with all of these barriers why to musicians and film makers go through the trouble?  Several reasons.  First, the old days of being discovered are over.   The quantity of product is simply too high and the methods for finding talent are too vast.  A&R departments are decimated and studio budgets are tighter than ever.  Risks are averted on all levels.  It is now a necessity for the independent to truly be independent and make their own way in the industry.  Further, most musicians and film makers feel that if they get their first project produced and into commerce, the sky is the limit.  This sentiment is justifiable.  Film makers who are able to get a movie made and actually distributed immediately create a brand for themselves and their production company.  It is far easier to sell the second feature as compared to the first.  Same for musicians.  A musician who has released countless EP’s and singles may not be interesting to an investor until she produces and distributes a full length album.

So as the annoying saying goes, you have to spend money to make money.  Whether it is strictly as a participant structure or through an Offering, a lot of work, time and money goes into the process.

I am interested to hear from those of you have used this method; whether it is through a website or on your own door to door fund raising effort.  Here are some of my friends who are using the participant method.  Check out and if you like them, PARTICIPATE!

Film maker Carey Bruce and Road’s End Films are producing Forests of Mystery and using Kickstarter.com:

Talented Singer/Songwriter Levi Weaver has funded his own projects through 3f participation.  Check him out here:





Should Performers Get Royalties?

8 04 2010

Did you know that the U.S. is grouped with China and Ghana as one of the only countries that does not pay royalties to the performers of a song that is aired publicly (Radio/TV)?  Weird, right?  Well this odd and troubling (for some) fact may be changing soon.  Here is my fellow L4M’er, Eric Malnar with his take on the Performance Rights Act and what changes may be on the horizon:

The Performance Rights Act (the “PRA”) was introduced in the U.S. Senate (S.379) and the House of Representatives (H.R. 848) in February of last year.  So why are we talking about this now?  Well, as most of you should now, L4M was recently in Austin, Texas for the 2010 SXSW festival and the PRA was the topic of an interesting and heated panel.  Interestingly, all sides of the issue were represented, except of course the radio stations (these are the guys who are supposedly adversely affected by the bill).  Perhaps invitations were sent but nobody from the radio world wanted to appear on the panel…who knows.  It is a shame because it would have been nice to hear their perspective especially since it appears as though the Obama administration is supporting the PRA and it might actually become law.

As a musician or someone who makes money through music,  should you care about the Performance Rights Act?  Well, it depends on what you do.  As many of you know, every time a song is played on terrestrial radio a royalty is supposed to be paid to the songwriter.  However, there is no payday for the artist who appeared on the song (singer, guitar player, chime and etc).  For example, if I wrote a song for a famous pop singer I would receive the royalty not the singer.  This is currently the system for terrestrial radio.  Think of Aretha Franklin singing RESPECT.  Everyone in the world has probably heard that song, but every time it is played the royalties for public performance go to the writer (specifically his estate) Otis Redding.

Give it to me. Give it to me. Give it to me. R-O-Y-A-L-T-I-E-S!

Digital sources of music are governed under a different law.  Under the Digital Performance Right in Sound Recordings Act of 1995 (“DPRSRA”) digital music providers are required to pay performance royalties for performance of the sound recordings.  Many feel that the difference in the way royalties are paid for terrestrial radio versus digital providers is unfair. The PRA would remedy this scenario by requiring a royalty for the singer as well as the background musicians.  So as you can imagine, the digital folks, like Pandora and LALA are excited about the passage of the PRA because they feel it will provide a level playing field.

Another often heard argument in favor of the PRA is the fact that other countries do not have the same terrestrial radio exception that we have here in the States.  In other words, money is being collected overseas for American artists but it is not being paid because the U.S. does not have a reciprocal system.

Wow, so this all sounds too good to be true, what is the catch you ask?  Well terrestrial radio stations are not happy about the PRA.  They argue that this will drive up costs and either put them out of business or force them to change their format to talk radio.  Thus the dilemma, is it worth receiving new rights under the PRA to the potential detriment of your opportunity (as an artist) to have your music played on terrestrial radio?  Back in the day when my band was struggling to get exposure we would have done almost anything to get played on big radio.  If the radio industry, which claims to be struggling, pulls music from most of its stations, another avenue for musicians to get exposed is closed.

Regardless of what happens it is important for every artist to understand his or her rights as a songwriter, performer or both.  As recording contracts morph into more intricate deals (e.g. 360 Contracts) artists need to be versed on all avenues of revenue.  It is no fun talking about music and money in the same sentence but at the end of the day, you need to pay the bills so you can live to play another day.

Stay tuned for updates on the PRA and more insight into some of the hot topic areas of music in film.





Section 181 Update

5 04 2010

We spoke with the Senate Finance Committee today and unfortunately, the wait for Section 181 passage continues.

According to the Committee which spearheaded the most recent Tax Extender Bill of 2009 (HR 4213) that passed the Senate had substantial differences from the original bill passed by the House.  Accordingly, the bill has to be “re-introduced” to the House.  I am not sure of the next steps or a time-line for those steps.

So again, while it looks promising, the extension is not law yet.

If you have questions about the legal steps necessary for raising money for your film or music video, please feel free to contact us.





Hot Topics in Music and Film

3 04 2010

Here are the Hot Pockets or Topics in Music and Film

The hangover from SXSW has subsided and deals are actually getting done in the world of both music and film.  There are several hot topics which are been written, blogged, tweeted and plain old talked about in the music and film industry.  Over the next several entries we will try to explore several of those topics.

A new contributor to L4M, Mr. Eric Malnar will update everyone on the public performance royalties debate that is garnering attention from the House, Senate, White House and musicians all over the world.  We will also explore what is a standard 360 deal these days and continue to share our experience of working with musicians (both label musicians and independents) in the ever changing industry.

On the film front; just when I thought it was safe to celebrate the passage of Section 181…President Obama seems to have lost the legislation somewhere between health care reform and his next pack of Camels.  We are still waiting for his signature on H.R. 4213 and eager film makers are anticipating the one year extension that should have come on January 1, 2010.  In other film news, state tax incentives are ever changing so we will try to keep you up to date on the best places to film.  Plus, we will walk the newbie film maker through the process of raising funds for an independent movie by explaining all of the paper work (stupid lawyers) that is necessary before you can even accept a check from your mom.

SHAMELESS SELF PROMOTION OF THE WEEK:

One thing I take a lot of pride in is introducing talented people to other talented people.  As a lawyer for creative people, I am able to make introductions to some gifted artists which then results in some pretty cool stuff.  I always tell my clients to view us as a resource; whether it is introducing managers to artists, labels to artists, licensing companies to advertisers or musicians to other musicians, our clients end up with the same contacts and connections as we have.

Possibly the best example is this song.  Our clients, Database, French Horn Rebellion and Hey Champ collaborated to bring you a Remix of Beaches and Friends.  The song is doing great on a worldwide level.  Enjoy:








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