January 2010

Attorney or no Attorney that is the Question

Many artists fail to realize the benefit of having an attorney is, but one of the most important things they need to realize that there are different attorneys.  A corporate attorney is different from an entertainment attorney & that’s the type that an artist needs to employ. 

Now that you’ve decided that you need an entertainment attorney where do you find such an attorney?  Well there are several resources in which you can find these; of course the Internet is a major & quick source to find them.  Using search engines to cut down your time is also a great benefit, but most people fail to realize that certain keywords that they type into the search engine will yield different results every time.  For example, I typed in the following keywords into Google; Music Business Attorneys and here are a few of the results:

When I typed in: Entertainment Business Attorneys, here are a few of the results:

And when I typed in: Entertainment Attorneys I got these:

Now you can use any search engine that you may like, I prefer Google.  Also there are other resources that you can use, you can tailor your search to your home state.  Another great asset to artists that I have found during my searches and have been a member of is: Music Powers 24 (http://www.musicpowers.com/365/index.html), a site that has a tremendous amount of information for artists.  A lot of the information that I pass on to you guys comes from this site, there is a small fee to gain access to this information but trust me, it’s worth it.  But for those who can’t quite afford it right now I will pass on some of the information that they have provided regarding entertainment attorneys, but I advise you to join the site.

Please enjoy & as always if you have any questions please feel free to contact me anytime.

Lisa Marie, CEO/EIC

QUICK NOTES TO REMEMBER ABOUT HIRING AN ATTORNEY (via Music Powers 24)

The entertainment industry is mainly built on relationships and contracts, meaning that many lawyers have very powerful connections, and some know to use those connections. 

·  When looking for a lawyer, you should not be afraid to interview a few candidates before retaining one.

·  Ask if they will are willing to listen to new material for possible representation.

·  You can expect to pay an hourly rate which can range anywhere from $150 to $400+ per hour. 

·  Most lawyers will require a payment of money in advance or "retainer", which can range anywhere from $1,000 to $10,000.

·  If your attorney is shopping you a deal, you can expect to pay about 5 percent (but as much as 20 percent) of the entire deal. 

Access/Membership to Music Powers 24 is only $19.95/year

FAQ's:

Q:  What is an entertainment lawyer and how much do they make each year?

A:  Entertainment Lawyer

An entertainment lawyer is an attorney who specializes in all legal matters pertaining to the entertainment industry.
"Transactional" lawyers draw up and negotiate contracts between artists, writers, producers, directors, agents, studios and record companies. "Litigators" handle the lawsuits for personnel in the entertainment industry. A handful of entertainment lawyers do both transactions and litigation.
Struggling entertainment lawyers, junior associates and "in house" lawyers make $75,000 to $150,000 a year. Litigators can make in the seven figures by working on contingency fee. The top transactional lawyers make $400,000 to $5,000,000 a year. Nice work if you can get it!

Tips: (via About.com)

Identify Your Needs

Do you need an entertainment lawyer on a one time only basis, or do you need to keep a lawyer on retainer? Do you need help with contract negotiation or dealing an intellectual property right violation?

Music lawyers are specialized entertainment lawyers, and within the world of music lawyers, many attorneys have further specialized in dealing with a certain part of the industry. Understanding what you need legal help with will make it easier for you to find a lawyer who is up to the task. Knowing whether you are looking to build a long term relationship with a lawyer will also impact the process.

Ask Around

Once you know what you need from a lawyer, start asking around among your music industry circle. You are almost certain to know someone who has had to visit a lawyer for a music industry issue before. There is no substitute for a recommendation from someone who has had a good experience with a music lawyer - or a warning from someone who has been burned. Your contacts' contacts are your best pool of information.

Do Your Own Research

If you have can't find anyone who can recommend a good lawyer - or even if you can - invest a little of your own time into researching your options. Start by Googling the entertainment lawyers in your area. If you live in a town without any music specific attorneys, expand your search. Read reviews from old clients and check out websites to figure out who specializes in what part of the music industry.

While you are doing your research, be sure to check for any complaints about your short list of lawyer names with the bar association. Avvo.com can also help.

Meet With Your Short List

Whether you do it by phone or in person, have a brief question and answer session with your short list of lawyers. Find out what they specialize in, how soon they can work on your case, how much they charge and what their payment terms are.

Hire Your Music Lawyer!

After you have had your initial meetings with your short list, choose the lawyer that has the skills for your particular case at a price you can afford. It is also important that you feel comfortable with your lawyer. You need someone who listens to you, not rolls right over you.

Watch Your Sources

Recommendations are the best way to find a lawyer, but don't take the recommendations of the person on the other end of your legal issue. Even with the best intentions in the world, it is never a good idea for two parties in contract negotiations to have the same lawyer, especially if they have worked with this attorney for a long time and you are a new client.

December 2009

Copyrighting

Many people fail to realize the importance of copyrighting their work, it's not only important when it comes to your music but it is as equally important when it comes to your web site, flyer designs, graphic work, photos, etc.  In this article I hope that the information that I have supplied will assist some of you with your questions that you may have.  I also took the time to include the links to where you can go to get additional questions answered that may arise, please remember that if you ever have any questions about any article that I have written just ask me anytime.

The following information was obtained from: http://www.copyright.gov/fls/fl105.html

Copyright Registration of Music

Claims to copyright in either published or unpublished musical works may be registered in the Copyright Office.

Published collections of musical works and all the copyrightable elements of a unit of publication can be submitted for registration online with one application and a single fee* if all the compositions are owned by the same copyright claimant. For details on deposit requirements for published works, see Circular 50, Copyright Registration for Musical Compositions.

Unpublished collections of two or more musical works can be submitted for registration online with one application and a single fee and a deposit of one complete copy or phonorecord only if all the conditions are met as specified under the topic heading “Collections of Music” in Circular 50. Registration of an unpublished collection of compositions extends to each copyrightable selection in the collection, but only the collection title appears in the Copyright Office catalogs and indexes. A separate registration for each musical work results in a separate record of the individual title of work in the catalogs and indexes of the Copyright Office. A separate registration also may simplify identification of the work for purposes of licensing, transfer, permission, and distribution of royalties.

See the reverse side of this letter for details on registration procedures. See Circular 50 for additional information on the deposit requirements. For further information on registration, see SL-35, The Copyright Office Offers Online Registration. For further information on copyright, deposit requirements, and registration procedures, see Circular 1, Copyright Basics. These publications are available on the Copyright Office website at www.copyright.gov and by calling the Forms and Publications Hotline at (202) 707-9100.

*NOTE: Copyright Office fees are subject to change. For current fees, please check the Copyright Office website, write the Copyright Office, or call (202) 707-3000.
FL-105, Revised May 2009

Copyright Basics

http://www.copyright.gov/circs/circ01.pdf

Here are a couple of basic F.A.Q's:

What is copyright?
Copyright is a form of protection grounded in the U.S. Constitution and granted by law for original works of authorship fixed in a tangible medium of expression. Copyright covers both published and unpublished works.

What does copyright protect?
Copyright, a form of intellectual property law, protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software, and architecture. Copyright does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed. See Circular 1, Copyright Basics, section "What Works Are Protected."

When is my work protected?
Your work is under copyright protection the moment it is created and fixed in a tangible form that it is perceptible either directly or with the aid of a machine or device.

Why should I register my work if copyright protection is automatic?
Registration is recommended for a number of reasons. Many choose to register their works because they wish to have the facts of their copyright on the public record and have a certificate of registration. Registered works may be eligible for statutory damages and attorney's fees in successful litigation. Finally, if registration occurs within 5 years of publication, it is considered prima facie evidence in a court of law. See Circular 1, Copyright Basics, section “Copyright Registration” and Circular 38b, Highlights of Copyright Amendments Contained in the Uruguay Round Agreements Act (URAA), on non-U.S. works.

I’ve heard about a “poor man’s copyright.” What is it?
The practice of sending a copy of your own work to yourself is sometimes called a “poor man’s copyright.” There is no provision in the copyright law regarding any such type of protection, and it is not a substitute for registration.

Is my copyright good in other countries?
The United States has copyright relations with most countries throughout the world, and as a result of these agreements, we honor each other's citizens' copyrights. However, the United States does not have such copyright relationships with every country. For a listing of countries and the nature of their copyright relations with the United States, see Circular 38a, International Copyright Relations of the United States.

Can I copyright my website?
The original authorship appearing on a website may be protected by copyright. This includes writings, artwork, photographs, and other forms of authorship protected by copyright. Procedures for registering the contents of a website may be found in Circular 66, Copyright Registration for Online Works.

(Free site to legally copyright your website)

Can I copyright my domain name?
Copyright law does not protect domain names. The Internet Corporation for Assigned Names and Numbers (ICANN), a nonprofit organization that has assumed the responsibility for domain name system management, administers the assignation of domain names through accredited registers.

Can I copyright the name of my band?
No. Names are not protected by copyright law. Some names may be protected under trademark law. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information.

How do I copyright a name, title, slogan or logo?
Copyright does not protect names, titles, slogans, or short phrases. In some cases, these things may be protected as trademarks. Contact the U.S. Patent & Trademark Office, 800-786-9199, for further information. However, copyright protection may be available for logo artwork that contains sufficient authorship. In some circumstances, an artistic logo may also be protected as a trademark.

U.S. Copyright Office
101 Independence Avenue SE
Washington, DC 20559-6000
(202) 707-3000

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Nov. 2009

What a Good Bio should include

In my opinion a Bio should read like an advertisement of who you are, it should include a brief description of who you are & where you came from.  I think that if you have overcame tremendous obstacles in reaching where you are today as an artist and/or individual that you should also share those experiences.  You do not have to go into great details about it but just enough to grab the readers’ attention. 

You want the readers to identify with you, you want them to WANT to know more about you & to hear your music, even purchase your music.  Think of yourself as a business & your music is your product, SELL it.  Who can sell your product better than you, no one, not a manager, not a PR, YOU.  Including work that you have done, articles that have been written about you is also a good thing to include in your bio, but try to only list things that have been done in the past 2-3 years. 

A good bio can be anywhere from 2 paragraphs to a full page, but if it’s just full unnecessary information and nothing about the artist, then it’s a total waste.  Most people are unaware that Bio is short for Biography.  What is a biography? Wikipedia’s definition: A biography is a description or account of someone's life and the times, which is usually published in the form of a book or essay, or in some other form, such as a film.  A biography is more than a list of impersonal facts (education, work, relationships, and death), it also portrays the subject's experience of those events. Unlike a profile or curriculum vitae (résumé), a biography presents the subject's story, highlighting various aspects of his or her life, including intimate details of experiences, and may include an analysis of the subject's personality.

Example of a brief bio:

"One Womans Vision"

 HHH Magazine started with just that, a vision. I've always loved music, not just 1 genre, but all genres of music.  Since my move to Salt Lake City Utah in November of 2007, I had been trying to figure out a way to contribute to music.  I have managed artists, planned & promoted shows, worked with photographers, even assisted in promotions within night clubs.  Unknown to many artists, Utah actually has a huge Hip-Hop following & with that knowledge I saw a way for me to change just that.  I tried my hand at planning & promoting shows out here but that task was more difficult than I had anticipated it to be.  Me & my sister decided that we would open an upscale night club with a touch of Detroit flavor to it, again that task turned out to be a difficult one. The reasons behind it was we would run into brick walls with other business owners within the same field have what we call a "click" meaning they would do everything to prevent anyone who is not from the area from invading on their territory.

 Everyone that knows me personally know that i'm not the type of woman that gives up that easily.  So I figured out another way to beat them at their own game, just using another approach.  I decided that I would create a magazine catered to Unsigned Artists, once I had my mind made up on what I would do, the rest just seem to fall in place. The name just came to me out of nowhere: Hunks & Hotties of HipHop, then the tag line; "The Next Generation of Hip-Hop.  I am a businesswoman 1st & foremost so the 1st thing I did was legally establish my business with the IRS, the 2nd thing I did was register it with my state & secure a domain name to establish an online presence. Once those things were done, I began doing my research, I was entering into unknown territories for me, so I wanted to know what I was doing.  I consulted with several publishing companies but they all wanted a minimum of $50k for just 1 issue, ha!  I don't believe in paying for something that I can learn to do myself, so I took to the internet & began my journey to become a magazine publisher. 

 I belonged to several online social networks so I started there, during December & January I spent countless hours on Thisis50.com & that is where I began my search for unsigned artists to feature & promote.  I posted several discussions reaching out to them, them response was overwhelming, my inbox was flooded with information on artists around the world.  I was so excited. Now the next step was to build a website to showcase theses artists, I honestly had no clue on how to build a website.  I knew about photoshop & have used it for years, I owned a website program that Adobe makes but had never even opened the package.  I knew that I didn't want my site to look like any other that was on the web today, all of them utilizing the same standard templated format.  I love being unique.  I wrecked my brain for 3 months trying to figure out how I was going to make this vision a reality, then 1 day I remembered that program that I had in the top of my closet, installed it in my laptop & all of my problems were solved.  It allowed me a blank slate to design my site the way I wanted it to be with no restrictions. 

  I must admit that it did take me a couple of weeks to perfect it & i'm still learning new ways to improve the look & design of the site. In May 2009 HHHMagazine.com was launched, I was so proud that I had designed the site all by myself.  To this date HHHMagazine.com has had over 250K hits & has been viewed on over 24 different countries & still growing.  The love & support that I have gotten about my vision to assist unsigned artists has been more than I could have imagined.

 I have always felt that industry artists have the support of the major labels & their staff promoting them, but who does the unsigned artist truly have?  I strive to be that voice/platform to assist that artist that started out with just talent & a vision just as I have to make their dreams a reality.  For years my personal & business motto has been: "Your Dream is My Vision"

I am only "One Woman, with a Vision"

 Lisa Marie

 Please follow me on twitter & pay close attention to my bio: "I am a woman of many talents yet to be discovered by the Universe"

 I hope this helps you in preparing the perfect bio, if you need any further assistance, please feel free to contact me anytime.

Lisa Marie

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Oct. 2009

Why The Black College Football Experience (BCFX) the Doug Williams Edition a new Xbox360 game? Question should be: Why Not? What’s the controversy?

Author: LiveWire 99

I know y’all are looking at this title like, “…oh Lord, here we go again … something else Pro-Black, Pro African-American …” Well, if it got your attention and you’re reading it then something is of interest to you, so keep reading dog-on-it.

I was actually not going to write this now and wait until I unleash the FIRE with my blog (coming to you soon – shameless plug), but this was so heavy on my heart early this morning after meeting up with my dude, Brian “B-Jax” Jackson, Creative Design Director for Nerjyzed Game Studios, a subsidiary of Nerjyzed Entertertainment, Inc., last night, that I realized it couldn’t wait. I reached out to a couple of my my established media counterparts and asked them to spread this around like wild fire to y’all. I think there is a bit of education that is lacking on the topic of BCFX and I want to help the ignorant folks out there with their snide comments and educate them on significance of this monumental game.

Why the Black College Football Experience?
Honestly, people did you have to ask that?! Yes, I know “we” have progressed past the stigma of years ago and it should just be a “football” game. Why didn’t EA Sports do it? What’s the difference? For those of you have been blessed with the opportunity to attend a Historically Black College or University (HBCU), you already know the deal and those who had the opportunity to attend a HBCU football game you now have somewhat of an understanding of the difference in the overall experience. There is a sense of family that can’t be explained and your teachers/professors take a true interest in your wellbeing because at the end of the day you are not of the majority and things are twice as difficult for you. In your teacher/professors eyes “failure” is not an option because you are a representation of your people, some of which may not be afforded the opportunities you have been. So make it the greatest Black Experience.

We as a society now may question why “Black” this and that but had the word “Black” not been used to describe this game there would be no issue. I truly believe that. Note that it wasn’t that long ago Blacks weren’t able to get an education as it was illegal nonetheless play sports. So Blacks did what they have learned through adversity and create opportunities for their youth regardless of the fact it was ILLEGAL in some areas for Blacks to be educated. Blacks sent what money they had to these secret institutions in order to provide higher education for their young people. When it became LEGAL for Blacks to be educated the concept of the Historically Black Colleges was born and years later the University as the popularity of attending these institutions grew amongst Blacks, as there wasn’t a fear of being persecuted for wanting to learn.

With this transition everything was done so that Blacks could have the same experience as Whites and with this transition this meant establishing as many parallels as possible to the Whites’ college quality of life. So with this came sports, arts, fraternities and sororities. The only difference in the establishment of these parallels is that all were established with a bases of family and uplifting their community - period. Out of adversity came GREATNESS!

Doug Williams?
When Blacks played sports, there were no expectations to transition into the professional sports arena after graduation. I mean hell, you are BLACK and you weren’t even supposed to be privileged to get an education so why would you ever think that you would have the opportunity to participate in any professional sports league in the United States of America? Because of what I just stated is why it is so important that Doug Williams a graduate of an HBCU, Grambling State University, was drafted in the NFL in 1978, and was the first Black quarterback in the NFL to lead his team to win the Super Bowl thus becoming the MVP.

Seems obvious to me why Doug Williams would be chosen as the NFL face of this game.

Why didn’t EA Sports make this game?
Ok, really people … really?!? When does EA really do a game first? Hardly ever - they capitalize on what someone has already done or attempted to do. Also, note that EA Sports focuses on Division I sports, not Division II or Division III and the majority of HBCU’s are Division II.

Why Not?
Playing the game is awesome. You can get a gear for what is the desired interaction between the player and the game. They took a lot of time with the details that those that attended HBCUs can appreciate. Being a graduate of South Carolina State University (SCSU), I loved hearing my band playing and seeing how well the Oliver C. Dawson Stadium was replicated. The motion capture for the SCSU Champagne Dancers was great and I loved the drum major moves as well. I can really tell that so much heart was put into this game. They really did research, took footage on bands, plays and even added actual live recordings of each band on the field. So, when you hear that music, please note it is that of the actual marching band of that school. Another aspect people don’t realize is that there are plays that are done in the game that are not traditionally done outside of HBCUs and it’s neat to see them being executed in a game.

So let me get this straight you have a problem with the word BLACK in the title and didn’t even check out the game to see what the EXPERIENCE is all about because you did not educate yourself on the background and had your own thoughts of “…why does it have to be just Black? … What is the difference? … WHY DON’T YOU SIMPLY PURCHASE THE GAME AND FIND OUT?

The game is available at Amazon, GameStop and Wal-Mart. Help those whom made this game to sell units in order to put out a 2nd version that’s even better than the first! Live … Love … Learn … What’s on the Wire – Coming Soon!

In response to the disturbing posts I have seen on the following sites:
http://game.blogdig.net/archives/articles/May2009/07/Twitters_to_the_Editor___BCFx_is_the_most_racist_game_ever_.html

http://www.oxmonline.com/article/reviews/xbox-360/a-f/black-college-football-xperience

http://rr.pc.ign.com/rrview/pc/black_college_football_the_xperience_legendary_edition/961242/78504/

http://vgchartz.com/games/wall.php?id=38141

THERE IS NO REASON WHY THIS GAME SHOULD NOT, CANNOT OR WILL NOT BE AS SUCCESSFUL AS OTHER SPORTS GAMES. LET’S SUPPORT THEM!

Aug. 2009

"Why Are So Many Rappers Going Commercial?"
by Melba Davis

We've all turned on our radio and heard it - the catchy beats, the verses that seem to have nothing to do with the hook or the title of the song, and what grabs most listener's attention - the instructions to the latest dance craze that you can see performed in any Hip Hop club in America. What do you call this? Commercial Rap.

Don't get me wrong, there is nothing wrong with 2-Stepping, doing the Cupid Shuffle, Walking it Out, or any of Soulja Boy's trendy dances, but when the majority of the songs you hear are giving you dance instructions, it makes you wonder why so many rappers are mainstreaming. Granted, the songs are fun, but I have to ask, what is happening to the meaning of the music? Even Urban Dictionary notes the commercialization with their definition of rap: "A formerly unique form of black urban street cultural expression, now completely neutered and watered down as rendered part of the safe and timid mainstream thanks to big business."

With that being said, I think it's safe to say that rappers go commercial for the simple fact that it is a lot easier to write a song about nothing, than it is to write a song from the heart that actually means something. For the most part, the catchy club-type songs are the songs that get the most radio play, therefore generating more sales, which equals more money. Some people rap for the fame and the flashy lifestyle that comes with it, others rap because it is their passion and an artform that comes naturally to them. In my opinion that is the most honest and beautiful reason to do something. The sad thing is, most commercial rappers really have little to no talent. They possess only "the look" or "the sound" and that is what makes them famous, but what about the real rappers? The ones who are using their own experiences as a form of self expression? The ones who spend day and night putting those experiences into words, who possess true talent, and have put in the work to deserve the fame and fortune? They seem to go unnoticed, and Hip Hop radio is seeming more and more like the reality TV of music - simply played out.

By: Melba Davis

Aug. 2009

Drugs & Hip-Hop

“Since hip-hop emerged from the South Bronx in the 1970s, it has become an international, multi-billion-dollar phenomenon. It has grown to encompass more than just rap music—hip-hop has created a culture that incorporates ethnicity, art, politics, fashion, technology and urban life.” -Tavis Smiley (source: PBS.org)

                  Rap songs often do glamorize drug use, but, drugs don’t reflect on how successful  you are in Hip Hop. In many cases rap artist or entertainers don’t talk about drugs in their lyrics such as; Jay-Z, Kanye West  and our newest member to the Hip Hop mainstream Drake, who mostly raps and sings about the love for his woman. On the other hand, there are rappers who rap about it most of the time. To me it seems that drugs weren’t glamorized in Hip Hop until gangsterism approached  and  started a commercialized home in rap, the labels seen that, that was what sold to suburban youth and other listeners.

                 Now days “the fans are the record labels”. Even though that is a tiny fact , record labels who still have control of their artist will still put out anything for the dollar and record labels are not making as much as they  used  to like in 1998, because of all the legal and illegal downloading. The internet has taken over, which is not such a bad thing, everything is more direct and the fans get to choose who they wish to support in music.

              In 2007 Dr. Brian Primack of The University of Pittsburg school of Medicine recorded 77 percent of billboard’s most popular songs made reference to drug use. Most of the time its pure entertainment. Do these entertainers really act on their lyrics?

              Since the relationship between drug use and artistic expression has been so prevalent throughout history and into today, It is a topic worth exploring deeper. Some of the greatest artist in American history have admitted to drug use in the creation process such as; Picasso (a great painter), Miles Davis, Jimmy Hendrix, and Samuel Taylor Coleridge (a poet in the 1800’s) just to name a few. Not to say that drug use is promoted throughout the Hip Hop community, but there are popular artist today that do not promote in their music nor do they use them personally.

              Hip-Hop has become a popularity contest, lyricist don’t get as much of an audience as a mainstream artist does. For the media to say that these popular lyricist make youth think or act on doing drugs in an unfair statement, influences come from the home and the environment which the child is raised. A wise woman always told me “Be a leader, not a follower.”  Simple words that stuck with me throughout life. Hip Hop has had a big influence on America, better yet the whole world and it is here to stay, with or without drugs.

By: Ashley C. Scott

Aug. 2009

As I was browsing the World Wide Web researching material for this month’s issue, I came across the article below. The title of the article is drew my attention then as I began to read it I thought; “wow, this article is way before it’s time”.  I thought I was the only one who felt this way about the state of the HipHop music community.  I can honestly say that I had never heard of the author of the article before, but as I continued to read the article I wanted to know more about its author.  Well I won’t say too much about him right now but I hope that one I will have the honor of interviewing him and possibly enlightening those who are like me that didn’t know him of who he is and what he believes in.

Please take the time to read the article in its entirety; I hope it opens your eyes to some things you may not have been aware of before today.  Also take note that this article was originally written in 1997, yes I know, that was 12yrs ago.

Lisa Marie, CEO/EIC

Is Hip Hop Dying?

I hate to say it.. but hip hop is dead or its dying a slow and painful death. It's yet another art form that has been severely corrupted by the Big Willies of the world. Why do I say this? I got to thinking about this the other day when I stumbled upon an old Big Daddy Kane lp and I began listening to it.. It got me traveling down memory lane and pretty soon I was pulling out all sorts of music from a by gone era. Kool G Rap & DJ Polo hit my tables...old school EPMD hit the tables... Old Super Lover Cee and Casanova Rudd hit the tables..Old NWA and Ice T blew out my speakers Old Roxanne Shante hit the tables.. I even went back it dropped some Stezo on the techniques.. It seemed like to me after listening to these artists who were really in full stride between '89-'92 that their material was far better and more creative then the material on the shelves today.. Hip Hop back then seemed to have a certain flair and a certain vitality that is lacking today in '97. Oh yeah, there are some good songs... but very few good hip hop albums..

It seems like artists aren't hungry anymore and the moves they make are calculated business decisions designed to net them some maximum returns for their dollar.. I can't fault one for trying to get paid in '97... Why shouldn't you get some loot for the things you create... especially when everyone else is getting paid..? However, hip hop has really lost its edge.

Let’s look at Hip Hop in the following ways.. First you have a greedy, unfeeling, exploitative industry that has made moves which has led to hip hop being less creative.. The first area to peep is sampling.. Back in the Golden Age of hip hop '88-'92.. artists sampled whatever they wanted seemingly to satisfy their creative endeavors.. One guy would take a James Brown grunt..loop it with an Earth Wind And Fire bassline and complete the song with an Average White Band drum beat.. This sampled montage led to the creation of some really good music..
Nowadays that's all changed.. Folks wanna get paid for what you sample.. Hence when an artist comes to the plate and starts creating they may find themselves having to severely compromise. Yes.., I think artists who've been sampled should get compensated.. But often times it’s not the artists being sampled who are feverishly taxing today's hip hop artists.. It's these publishing companies and in some cases record companies who have brought up the rights to certain songs just so they could make money off of the samples.. For example, you get a small NY based label like Tuff City Records . The CEO Aaron Fuchs has gone out of his way to buy up the rights to songs put out by a James Brown and others for the sole purpose of being able to collect money from other artists who sample. You got publishing companies who have gone out and hired kids to sit in a room and listen to hip hop record after hip hop record for the sole purpose of catching a snippet of the music contained in their catalogue.. You have some companies that won't even let you sample from their catalogue and if they do the cost is so much that it economically isn't worth it...

The problem gets laid out like this.. You get an artist like George Clinton who is down for artist to sample him.. He feels it helps revitalize his career.. The only problem he no longer holds the rights to the popular songs people like to sample from ..Hence while George is with the hip hop nation.. the people holding the rights to his songs are out to make a killing.. The result is some artist sampling three different songs... Each company approaches his label and demands some outrageous sum plus 75% of the publishing for the use of that song. Pretty soon for one song.. an artist has to pay 225% for the use of samples..plus some crazy amount of money... and that's for one song. Hence he winds up taking out all three samples.. and he resorts to replaying maybe one of the songs... and he still has to pay for that... The end result is a song that was nowhere like the original.. It lost its edge. Even groups who I think have true intentions like The Roots or Original Gunn Clappazz and numerous others lose their edge because the business of music forces them compromise.... That's overall problem # 1 ... the sampling issue...

The second concern effecting hip hop involves the movers and shakers who are heading some of these labels and making A&R decisions on behalf of a group.. You get folks who will conversate with major radio stations and video outlets all over the country. They wanna see what's it gonna take for certain key stations to get behind a particular artist or song. The radio folks will tell a record executive... That their targeted demo are females between the ages of 21-30... The songs they play need to appeal to that audience.. The record executives comes back and will either look for a song on an lp that fits that criteria or strongly push the artist on his label to construct one... Hence you start to see a lot of rap records made specifically for the radio.. Folks will go and get a familiar song and just loop the beat... and have someone rap over it... There are too many artist to name who've gone that route.. Think Coolio and Notorious BIG for starters.. Other artist will find themselves trying to appease radio by getting someone to sing a hook... They're trying to make the songs more melodic.. Don't get me wrong there's nothing wrong with doing that...if that's how you are as an artist.. But when it’s a calculated move designed to secure air play... hip hop inevitably loses something...

Hip Hop artist made the big mistake by not resurrecting their own media outlets... They became too dependent upon the commercial stations in their market to play their material and take their careers to the next level.. What they didn't realize was that radio while working them for the moment always stayed focused on its own agenda.. Hence you take a station like ours...KMEL.. Two years ago we found ourselves playing a lot of local rap groups.. It worked for us.. It helped keep us number one.. But when the winds of change came.. we found ourselves not playing the locals folks and moving in a different direction.. It was what we as a station had to do to maintain our dominant position.. A lot of the local artists began raising a fuss.. 'Why are you abandoning us?' they would whine... All of a sudden you would see one of two reactions.. Either the artists got totally pissed off at the station or they would show up and basically ask for the formula so they could go home and construct a record for the radio.. What a sad move..

The mistake they made was not taking advantage of their 15 minutes of fame to began empowering media outlets that would stick by them.. I witnessed many local artists right here in the Bay Area who would bypass community radio stations like KPOO who had always championed their music to come directly to our station..These artists would bring jackets, bumper stickers, treat us to pizzas and would feature our DJs in their upcoming videos and record interludes.. Now from a station stand point that was cool for us... The more publicity the better.. But for hip hop it meant certain death because these artists had put all their eggs in one basket.. They didn't take some of their juice and start singing the praises of a KPOO where they would always have access.. They didn't make heroes out of some of their local college jocks.. They didn't even have the foresight to invest in their own video shows or magazines.. They expected a multi-million dollar commercial entity to always be there for them.. Heck a lot of these artists didn't even invest and buy stocks held by our station.. The least they could've done and come and say.. 'Hey I brought some Evergreen Media stock.. It's like so many artists get caught up in trying to get their loot on via airplay or video play they stop short of executing all the steps to an effective business plan.. The result is ..it's killing hip hop.

It's killing hip hop because the artists have handed the guardianship and the music to folks who have never really had an interest for the music until it became necessary for them to keep a number one rating.. You can't fault anyone at a commercial station.. that's what they're supposed to do.. Stay up and know about the latest trends and be able to present them to their target audience.. If only more rap artists knew that then you wouldn't have such glaring mistakes happening... Here's an example.. When KRS-One released his last lp.. The first singles weren't leaked to those die hard KRS-One fans on community and college radio.. They were released to commercial DJs.. Some of whom didn't even own a KRS-One lp.. His record label flew a bunch of people out for a huge listening party in New York.. None of them were the die hard fans who had his 7 previous lps. I recall running into Kris when he came to the station and he asked me why I hadn't gone to his lp release party.. I told him I was never issued an invitation... But there were folks who did go who didn't even recognize the South Bronx beat that Puffy sampled for his R&B group Total... This incident was not unique to KRS-One.. It happens all the time...

What often happens is that label executives will do things for key commercial DJs in order to maintain a good relationship. So even though KRS-One may not have been the staple artist for some of the commercial jocks who were flown to his listening party.. the decision set the stage for other product from other artists on that label later down the road.. The people left sitting down and scratching their heads were all those KRS-One fans who couldn't understand why they couldn't get the interview much less invited to his stellar listening party.

I use this example to make a point that hip hop has a bad habit of killing itself off by not reinvesting in the very things that help give it it's start... Far too many artist get caught up in the vapors of the industry that they don't take some practical steps like getting their own venues to perform shows, Developing their own insurance, security and sound companies for these shows. They don't try and set up their own video shows.. and they don't invest in radio stations that they have continual access to.... Hence when I say hip hop is dead... I mean that its creativity has been squelched and that its become more of a business... Everything seems so contrived and calculated with the overall objective of netting big bucks and not necessarily to satisfy an artistic desire or to please fans.. What's even more ironic and sad about this situation is that there seems to be a new breed of hip hoppers who are determined to 'keep it real'.. Their goal seems to keep hip hop situated in the underground.. However, that in itself seems contrived and at best a futile effort.. I hate seeing rich kids with loot in their pocket pretending to be poor and bummy talking about they're trying to keep it real.. I hate seeing kids from the proverbial suburbs running around trying their best to adapt a negative 'ghetto mentality' all under the guise of keeping it real.. Even worse are the pseudo experts who run around and somehow try to politicize and philosophy the actions of hip hop artists in ways that have no connection to the realities of the artists they're supposedly 'down with'.. You know the type...? It's the kid who runs around talking about revolution and tearing down the establishment... but then won't share any resources, power or incorporate the perspectives and concerns of the hip hoppers who hail from the inner city.

So what's it gonna take to bring hip hop back? It's a hard question to answer... Whatever the method use to achieve this.. I firmly believe it will have to be rooted in hip hop becoming independent of these outside business controlled mediums.. It will also have to take some hug steps and start maturing... There are far too many within hip hop who refuse to grow up and take on the responsibility of protecting and defining what we create...Too many of us are making a living off the music and culture and not reinvesting back... It's something to think about...

What do you think it'll take to keep hip hop from dying?

written by Davey D
c February 1997