Tag Archives: career

The Composer’s Guide to Doing Business: Competitions Pt 1: Application Fees

[This is part one of a multi-part miniseries of posts on composition competitions. Competitions are typically a significant part of a composer's coming-of-age process, and young composers in particular are frequently (in some cases constantly) bombarded with exhortations to apply to everything possible from teachers, administrators, and older composers. In these posts, I'm taking a look at various issues with competitions that many composers have come to see as problems, and which have caused many to stop applying altogether.]

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A recent Twitter conversation, paired with a competition announcement (also on Twitter), prompted me to immediately start scribbling notes on this week’s post. (Yes, I actually outline my posts on paper before I come here to start tippity-typing away – the same holds true for my music, for what it’s worth.)

In my day, I’ve applied to a fair number of composition competitions, so I’ve been through the process many times, and one thing that has consistently bothered me – and basically soured me on the whole competition experience – is the application fee that many of them charge. The American Music Center, before it was New Music USA, always segregated their opportunity listings into competitions with fees and competitions without fees, and made a point of saying every month that they discourage the practice of charging composers to apply. I almost invariably only ever looked at listings without fees, in part because I – like most composers I know – didn’t (and still don’t) have a lot of money, and dropping $25 for the privilege of collecting yet another poorly-worded rejection letter just didn’t sit well with me. Also, I took to heart what I understood to be the subtle undertone of AMC’s notice about fees: namely, that composers should think twice before applying to a competition that charges a fee. Caveat compositor. Composer beware.

To this day, on the off chance that I feel like looking through the American Composers Forum’s listing of composer cattle calls, I only ever look at those competitions and calls for scores that don’t ask the composer to pony up more of their hard-earned cash. Because, as I’ve said before and will undoubtedly say again: entering these things is expensive and time-consuming enough as it is without the indignity of having to write a check for the privilege of probably being rejected. Printing and binding scores, putting together a CD, writing/updating whatever bios/composer statements/program notes/CVs/etc, postage – all come with time and money costs.

Over the years, I’ve heard a number of justifications for application fees, all of which I’ve found to be increasingly lame.

Before I launch into the justifications, let me just say that I know that every organization that hosts a competition means incredibly well, and wants to foster new music and living composers – for which I (and all composers) are incredibly grateful. But certain practices are no longer in keeping with the times, and have proven to be either ineffective or actually harmful.

Serious applicants only
I can’t count the number of times that people have tried to justify an exorbitant application fee (or any application fee at all) to me by claiming that it prevents “un-serious” composers from applying. Weeding out the riffraff. Who, may I politely-yet-pointedly ask of these competitions, are these “unserious” composers who are flooding your mailboxes with their “unserious” applications? What makes these composers any less serious than those whose applications you actually want to receive?

This (poor) excuse is predicated on the idea that there are droves of dilettante composers who write awful music – probably horribly engraved, to boot – and have nothing better to do than to send out applications to every competition that they come across (doubtless thanks to listings such as ACF’s).

Of course, the only thing that could possibly distinguish a “serious” entry from an “unserious” one is that the composer is willing to pay the application fee! There are certainly no other easy-to-identify criteria that could immediately disqualify an entry that doesn’t meet the eligibility requirements of the competition!

Just to dial down the rhetoric a bit, let’s take “seriousness” to mean “ability to follow written instructions” or “having basic professional abilities”. Meaning, a “serious” applicant would submit a score that exactly follows the posted guidelines in terms of instrumentation, duration, performance history, submitting required additional materials, and presenting their application in a manner that is suitably professional in appearance and execution. Now, I totally stand by the need for professional standards, but to call an application that doesn’t meet them “unserious” is, in my estimation, a severe misrepresentation of the situation.

The process of putting together a submission packet takes time, care, and a surprising amount of money, so I should expect that anyone going to the lengths required to prepare one is sufficiently “serious”.

My own applications to competitions (and, just out of undergrad, schools) were wildly unprofessional in presentation a number of years ago. Not because I wasn’t “serious” about them, but because I didn’t know any better at the time – I hadn’t been taught the proper formatting and etiquette for such things. So to consider those early applications to be “unserious” badly mischaracterizes them. They were merely uneducated.

And as for applications which stray from posted instrumentation or duration guidelines: while, yes, they should be disqualified for not following instructions, they probably aren’t “unserious” in the least. I would imagine that such entrants are merely trying to find a place in the YOUMUSTAPPLYTOEVERYTHINGWHYAREN’TYOUAPPLYINGTOTHIS culture (that is foisted upon us by nearly every teacher and music administrator in our lives) for existing pieces that don’t quite fit the mold that this or that competition would have us conform to.

Really, if there are applications that don’t meet certain standards of quality (engraving) or that don’t follow the entry guidelines (instrumentation, duration, performance history, etc), those entries should be disqualified, and the judges move on. They don’t warrant the preemptive punishment of a $10, $20, or $25 application fee to make us think twice before applying.

And let’s be perfectly honest here. The only type of composer that an application fee will likely deter from applying is a composer who can’t afford to pay the fee in the first place. I speak from a decade of applying experience here. I cannot count the number of competitions that I’ve been unable to apply to not because my works didn’t fit various application criteria or because I didn’t fall within the proper age group (another post for another day – promise!), but because I just couldn’t afford to dish out the $25 and still manage to eat that week. Seriously. For all that I was “serious” about applying, I was much more serious about being able to feed myself. And I’m absolutely positive that I’m not alone in this. In fact, a colleague with whom I share a first name recently said on Twitter, “By the time I could afford to enter competitions, I was already too old for most of them.”

This excuse exhibits the absolute wrong type of gatekeeperism: it does very little to deter the types of applications that it’s supposedly meant to, and instead definitely does prevent composers who are perfectly suited to a competition, and would likely benefit from it the most, from being able to participate.

So for this reason alone, I invite competition hosts to think of the financial burden that they place on the very composers whose careers they claim to want to foster.

Judges’ fees / Administrative costs
As a businessperson, I’m sensitive to budget considerations. I am. But seriously, if this is the reason that a competition is charging an application fee, the admins need to revisit their budget and start thinking ahead a bit more.

If an organization can raise enough money to pay some sort of award, they can also raise the money to cover their administrative costs, as well as any honoraria that they want to give their judges/panelists. Because these aren’t going to be huge costs by any means. Each group will have different needs; and the smaller the group, the smaller the needs. And with electronic submissions being more and more the norm, postage and other costs are increasingly small – to the point of being either negligible or nonexistent.

Judges should be given some sort of honorarium for their participation (when the judge doesn’t waive their fee altogether and just donate their time), but I’m a firm believer that judges and panelists should also have a sense of citizenship and a belief in “paying it forward”. A panelist who insists on being paid $X to judge young composers’ works may not be the best choice for the competition.

Then there are these:

Application fees without monetary awards
I have zero tolerance for this sort of thing. I’ve posted about a competition like this over at the NewMusicShelf, and can really only consider these sorts of things to be scams, no matter how well-meaning the organizers. Anyone running a competition that charges a fee and doesn’t have some sort of monetary award needs to stop hosting that competition NOW.

Application fees with small monetary awards
Seriously, what’s the point? So I’ve dished out $10 to enter your (probably) brand-new competition, and on the off chance that I win, I get $240? Whee!

Organizations that do this sort of thing either need to stop hosting competitions altogether, or seriously get their acts together and start fundraising for the award and admin costs. If the competition is a high enough priority for the organization, then it should be done properly. But I have a nagging feeling that there are more than a few ensembles and organizations that think that hosting a competition is some sort of status symbol, or lends them greater authority and cachet. On the contrary, the organization itself should lend authority and cachet to the competition!

If an organization is truly serious about the competition that it hosts, it should have the foresight to budget for it properly. And if the organization doesn’t have proper funds on hand, it should postpone the current year’s competition and do it right next year.

And don’t even get me started on competitions that use the application fees to fund the prize money!

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I’m going to be spending a few weeks on the topic of competitions and various elements that I think need to be addressed. These posts will be aimed at both composers, so that they can be aware of various issues before entering any competition or submitting to a call for scores, and competition administrators, so that they can have a composer’s eye view of the issues involved with competitions and awards. The end of this mini-series will culminate in my (ever-humble) opinion on how I think organizations should structure programs like these to be as supportive as possible of composers and new music without putting a greater burden on those organizations and ensembles.

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, be a dear and click the donate button at the bottom of this post, will you? If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Finding an Angle

As artists, we’re always trying to find our unique creative voice, searching for the way to make a musical statement (however you want to interpret that word) in a way that is distinct and genuine. But as human beings, we also grapple with things like impatience for success (again, however you want to define that).

The impatient part of us, which tends to be given a lot of latitute in our on-demand, instant-gratification culture, wants success NOW. Fame, riches, financial comfort, the respect of the field, whatever “success” means to you….NOW! And sometimes in our impatience, we start to flail about, searching for The Answer. The One Thing that will get us to the goal line as soon as possible – preferably by next week. We want to know how to get those big-time performers and ensembles to commission and play the hell out of our music. We want to know exactly what to do to win that Big Prize. We want to know exactly what the world is looking for in the next Important Piece.

After all, composers X, Y, and Z had already hit the big time in their 20s or early 30s. So why aren’t I there yet? Right?

It’s the same mentality that most of us have when it’s time to go on a diet. Isn’t there something out there that will just take the weight off? The answer, of course, is “yes.” That something is called portion control and consistent exercise. Put down the cake (the cake is a lie, anyway), and go for a walk.

The same, in many cases, holds true with careers. Put down the [insert distraction here] and write. Write what is true to you.

Since it seems like I follow EVERY composer on Twitter, I tend to see some flailing in my feed. Composers searching for exactly what it is that panels are looking for in this or that competition. Looking for ways to get their music in front of big ensembles.

Fine. Great. There are some answers to these questions.

But sometimes the questions go into the territory of: “How do I change what I’m doing to fit ______?” And that’s where I get a little twitchy.

Sometimes we start looking for an “angle”. A gimmick. Maybe if I use crazy non-standard notation, I’ll get noticed! Maybe if I write in a totally different style, the judges will like my music this time. Maybe if I [insert something that goes against my personal aesthetic] someone will offer me the fame and riches that I deserve. I’ll be the next ________!

And that’s where that sort of thinking goes off the tracks: looking for ways to change what you’re doing so that more people will like it instead of looking for people who enjoy what you’re already creating.

If you’re going to change what you’re doing, change it by making it better – work on your craft, develop your voice (read: write. more. music.), polish your engraving, technical, and orchestrational skills. Don’t be a different composer, be a better composer.

I know I write a lot about income and markets and entrepreneurship, but all of these are in support of your art. A career is not a race to the finish line. It’s a slow build with lots of diversions and changes along the way.

Instead of trying to change our music to suit this or that award panel (which will be a different panel next year), think on this little gem from Ned Rorem: “Why do I write music? Because I want to hear it – it’s simple as that. Others may have more talent, more sense of duty. But I compose just from necessity, and no one else is making what I need.”

Write what you need. Then find the others who need it, too.

The Composer’s Guide to Doing Business: Composer Behavior

This week I’m going to take a brief step away from marketing and self-promotion to talk about….well, another type of marketing and self-promotion, to be completely honest. Though, frankly, everything a composer does is some form of marketing or self-promotion, from the actual music that you write to the ways that you get it out into the world to any appearances you make in public or online.

To that end, I’d like to talk briefly this week about composer behavior in certain situations, and how it can affect the way people view you and your music. This post is largely inspired by a recent experience I had with a composer who behaved particularly poorly in a number of respects, though I’ve seen very similar behavior from a number of other composers throughout my career. I’ll avoid naming names to protect the guilty, and try to generalize as much as possible so that this post doesn’t devolve into a public gripe session.

The ways that we behave in the world greatly affect the trajectories of our careers. A composer who treats performers and audiences and other composers with respect and generosity will in turn receive much better treatment – and probably better opportunities – than one who is selfish and blind to the needs and feelings of others.

The difficulty here is that we spend so much time shaping and crafting our works, and we want so badly for them to be liked and performed well, that we can sometimes be blind to the ways that we behave toward our interpreters and our audiences. Being an artist is in many ways like being a parent – we want the best for our children, and it’s easy to allow that desire to shut out the rest of the world. We can become those Park Slope mommies and daddies who, in the name of wanting the best for their (ridiculously-named) children, become entitled, overbearing, and insufferable.

Case in point:

Not too long ago, I was involved in the premiere of a vocal/chamber work for which the composer was asked to be a member of the pickup ensemble for the performance. With most composers I know, this wouldn’t be a problem, but in this case, it was – and in a very big way. The composer – let’s call them XY – walked into the first rehearsal and, having barely said a word of greeting to any of the performers (none of whom XY had met before), began making changes to the already-confusing (and incredibly poorly-engraved) score. And it was downhill from there. For the remainder of the rehearsal, which ran almost twice as long as scheduled, the ensemble was never allowed to go more than 30 seconds without being stopped and asked to do some new thing that XY had dreamt up that very second, or perform these or those few notes in a way that was not only not notated, but completely inappropriate to a first reading.

Mind you, most of the members of the ensemble had never met one another before, let alone attempted to rehearse this hyper-complex piece, so anything beyond correcting pitches and rhythms seems inappropriate to me. And constant interruptions to make ill-thought-out changes to the score, or exhort the guitarist to play more “digitally” (!?), didn’t help us a) learn the piece, b) have the slightest bit of confidence in the composer’s abilities (or, frankly, sanity), or c) maintain any sort of good will toward the composer.

Despite the fact that XY was very kind and earnest and enthusiastic, they had behaved incredibly poorly. The constant interruptions, and later calls for additional rehearsals, were very disrespectful of the performers’ time, despite the fact that XY didn’t intend any sort of disrespect whatsoever.

[There is much more that was wrong about XY's behavior, but I'm not really writing this to complain (honest!), but as an example of some recent poor composer behavior.]

Now, this was a fairly extreme example, but I can say with a fair amount of certainty that at some point in all of our careers we’ve behaved poorly to some degree. In some respects, I think it’s part of coming of age as a composer. But there does come a point where such things must be left behind.

This isn’t to chide, but to remind that we must be aware of our behavior.

Because it’s by the good will of our performers, audiences, and composer colleagues that we gain any measure of success.

A composer can’t expect to gain a base of performers if they can’t be relied upon to treat performers with respect and courtesy. XY thought that there was no problem interrupting constantly, and asking for several-hour last-minute rehearsals because they’d mismanaged earlier rehearsal time so badly, because it was their piece – their baby. (Yes, that phraseology is awkward, but I’m hell-bent on avoiding gendered pronouns of any sort.) Like those Park Slope mommies and daddies, XY wanted the best for the piece, even though their behavior burned every (every) bridge in that rehearsal room.

I remember one particular instance of not-so-pristine behavior in my composerly adolescence during a rehearsal of a new piece with the choir that was premiering it. I was a member of the choir, and we had literally just finished a concert. The director thought we should spend a little time preparing for an upcoming tour that would feature my new work, so – still in concert attire – we spent some time running various works, mostly mine.

It was the end of the day, we’d just spent the last hour or so singing difficult music, and we were all nearing exhaustion. In my own tiredness, I wasn’t prepared to hear anything but perfection from the choir, and got a little harsh in my criticisms of the group’s sound. Ultimately, I used a particularly inapt and slightly offensive analogy for what I wanted, and – fortunately – the director stepped in and called an end to the rehearsal. I still cringe when I remember that moment, because I knew immediately that I’d just crossed a line. Since I was a member of the group, the other singers forgave and forgot very quickly, but I know that with a choir that didn’t know me as well, I would have fared poorly indeed.

So we’ve all been there.

I think that we all need to remind ourselves periodically that we’re a part of a community – and a remarkably small one, at that – and that we’re dealing with other people who all have the same goals that we do. We all want to make music as best we can. And it’s much better to have a performance that’s a little lacking but the performer wants to do the piece again – or commission a new one – than to behave poorly and potentially burn a bridge.

Again, it’s so easy to be blindered to others by how close we are to our scores.

We should by all means be enthusiastic and passionate about our music, and strive for perfection in performances, but if we’re a part of a rehearsal, or offering feedback on a performance, we must remember that sensitivity to our performers and respect for their time and craft is important. Good will and respect are very mutual things, and it’s important to know how much and what sort of feedback is appropriate to the performer or ensemble that you’re working with.

Of course we’re all probably going to encounter situations at some point in our careers in which one or more performers are hostile to us or our music for whatever reason, but I think that here good will and respect – including self-respect – are even more important. It’s much better to come away from these situations having it said that, “He handled himself well,” than the alternative.

Remember, we’re building relationships with performers – your piece can be performed again, but once you burn a bridge, it’s difficult to rebuild.

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Performer Partnerships

I was going to hold off a few weeks on this promotional solution, but a recent experience convinced me to move it up in the rotation.

As anyone who follows me on Facebook or Twitter knows, I recently had a half dozen of my a cappella choral works recorded by an excellent choir in the Midwest, and I’ll be making those commercially available under my own label once the recording guys are done working their magic.

I sang with this choir, the Illinois State University Madrigal Singers, from my first semester as a freshman at ISU in 2000 until I graduated in 2004, during which time the group commissioned several works from me. Since then, the ensemble has continued to commission me and perform older pieces of mine regularly, and over the past 12 years I’ve built a very strong relationship with the choir and its directors.

By working so extensively with the choir, I’ve gotten a number of opportunities that I wouldn’t otherwise have had: they frequently perform pieces of mine at festivals and conferences, which exposes my choral music to a much wider audience of listeners and potential performers; I’ve gotten some excellent live recordings; and over the past two weeks, they toured parts of Europe, performing my music on a number of exciting concerts.

By pairing with a performer or an ensemble, you greatly increase your chances to be seen and heard. As with composers who create collectives, each composer and performer brings their own audiences to the table, and provided that both of you are promoting the collaboration, each stands to gain a significant new following. By making the collaboration last for years, you’re increasing the likelihood that the performer’s or ensemble’s fans will come to have a deeper understanding and appreciation of your work, and hopefully follow your career, as well as increasing the likelihood that your followers will become long-term fans of the performers because of the dedication they’ve shown to your music.

These partnerships, of course, don’t spring up overnight. And they take nurturing.

I always view them as friendships with a musical component.

As with any relationship, these collaborations are subtle, nuanced things that require attention and reciprocity, as well as genuine mutual respect and good feeling.

There’s no one path to creating them, but I can say with certainty that there’s no forcing the connection.

In my own experience, you find performers – who are often friends to begin with – that are kindred spirits, and the professional relationship develops from there.

Possibly the easiest time and place to make these connections is during your formal education – any school that has a composition program will undoubtedly have performers running around, many of whom you’ll probably share classes with. (Obviously, this situation favors younger composers – those of us who are out of an academic setting won’t have the same access without seeming like creepy Uncle Touchy with his windowless van and promises of candy.) In this setting, it’s generally simpler to connect with performers with whom you may build years- or even life- long connections.

For those of us out of school, things get markedly more difficult insofar as most performers we meet are just as busy building their careers as we are, and we may not immediately fit into their plans for world domination success. As a result, we have to be more creative in our approaches to finding performers, and at the same time be more careful and tactful.

In my own experience, the performers who I’ve collaborated with typically have started as friends who I met outside of academia – usually through other friends or former teachers. Without exception, I have always viewed each of them as friends first, which I think is the key to the longevity of our personal and professional relationships. Which is to say: while I may have wanted them to perform my works early in our friendships, I never expected it, and never allowed it to be an ulterior motive in maintaining the connection.

I know I tend to push this idea a lot, but it’s at the heart of my personal philosophy of navigating the concert music world: the strongest connections are personal ones.

Also, when I’m interested in collaborating with a new performer, I never ask them to perform my music and expect them shoehorn it into their repertoire. Instead, I invite them to perform on a program that I’m producing (always paid!), or I ask them if they would be willing to record a piece of mine (again, paid!). I try to approach these situations with the mindset that (contrary to popular belief) performing my music isn’t the highest priority in someone else’s life – especially if we don’t know one another well -, and being paid for a gig might be a good incentive to learn the piece (and hopefully come to like it during the process).

Of course, I’m (maybe a little overly) cautious out of concern that I not come off as pushy. And “pushy” is not “me”. (Although I have been described once as “affably pushy”, which I can dig.)

But we’re not really talking about how to get performers to perform your music. </tangent>

By building collaborative relationships with performers, you not only gain the benefits of cross-promotion, you also get the benefit of creating an intensely personal body of work for that individual or ensemble, which can be incredibly rewarding. It’s a great opportunity to learn the ins and outs of a particular (set of) instrument(s), and the quirks of the performers. David Del Tredici often says that his vocal music would be infinitely simpler – and consequently less interesting and rewarding – if he hadn’t had the opportunity to work so extensively with Phyllis Bryn-Julson, who could sing with absolute ease the incredibly demanding vocal lines he’d concocted. I think my own choral works would be less interesting if I’d not had such an excellent choir to work with over so many years.

And again, for those composers with hangups about being able to talk about their own work, you can spend your time talking about the performers you’re working with, and the joys of your collaborations, to make things easier on yourself.

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Cross-Promotion

One solid way to deal with promotion in a way that removes some of the stress of promoting yourself is to cross-promote with other composers.

There are a ton of options here. Some possibilities are:

• Linking to one another on your websites
• Mentioning one another in your newsletters
• Recommending each other’s scores to performers you know
• Recommending each other’s recordings to your own fan bases
• Placing score samples of one another’s works in instrumentationally-related scores of your own
• Guest blogging on each other’s websites

The benefits here are more far-reaching than merely getting your name out there a little more. Sure, you’re being exposed to a whole new mailing list or potential fan base. But you’re also sending a lot of subtle yet important signals at the same time.

These explicit endorsements of your colleagues say different things to different groups, all of which can only be good.

By recommending another composer’s work to performers and listeners, you’re showing them that you’re not just out for yourself – you care about that composer and their music in particular, and also about the musical community in general. Community-building isn’t something that we as composers have traditionally been very good at, in large part, I think, because we tend to view our colleagues as competition – competition for jobs, competition for performances, competition for awards – and not always as fellow travelers whose goals we share, and with whom we can work toward mutual success. This sort of community-mindedness is, in my perpetually humble opinion, a very attractive quality in an artist, from the viewpoint of a consumer of art. I, for one, listen much more favorably to a composer’s music when I know that they interact well with performers and other composers.

You’re also breaking through the me-me-me-ism that people probably expect in your newsletters and other promotional materials. Devoting that bit of space or time to someone else who you believe in can be a breath of fresh air. And for those of you reluctant to talk solely about yourselves, this gives you an out – by plugging someone else, too, you’re not just talking about yourself. (Sometimes I think that these little ways of thinking can be very helpful in drawing shy and nervous composers out of their shells – it lets them off the hook in small ways that hopefully make self-promotion more comfortable.)

And we shouldn’t ignore the fact that we live in an age when people are interested not just in what an artist creates, but what inspires her, and what her interests are. So these little endorsements are easy ways to let your followers know a bit more about you as a person and as an artist, as well as introduce them to more art that they’ll hopefully be drawn to.

Another option, for those who are so inclined, is to put promotional materials for other composers in the backs of your scores. I’ve started doing this myself, in a limited way. This is a practice that I appropriated from traditional publishers of decades past. All of the older scores that I’ve purchased have a page in the back listing additional pieces with similar instrumentation published by that company. So, in the score for a song cycle, one page at the back of the publication (sometimes the back cover itself) is dedicated to other songs and song sets by composers of roughly similar style and time period.

Now, likely you aren’t publishing other composers’ works. But there are undoubtedly composers whose works you admire, and which you’d like to introduce people to. I recommend sticking to instrumentally-related scores – it would be a little silly to promote a trumpet piece in the score for a string quartet.

I have my own way of formatting these things, but it’s still a little clunky, and I’m working out the kinks. I like to have the cover of the piece I’m recommending available, along with a sample page. But a simple listing of similar pieces along with the composers’ website URLs would be just as effective – as well as a little easier to pull off.

An upshot of the digital age is that many of us have blogs that we update with varying degrees of frequency. It’s worth considering having guest bloggers on your site. By having other composers or performers or whomever write a short post (probably in some sort of reciprocal exchange) you:

a) give them an additional outlet to post to,
b) introduce them to your audience,
c) offer a change of pace for your own readers, and
d) hopefully gain additional readers and site visitors when your guest mentions their appearance on your site.

Maybe try to set up a blog tour with composers who you’ve created relationships with. Each of you can visit the others’ sites for interviews, articles, video posts, whatever you want to do. There are lots of resources online offering advice and suggestions on how to set up and manage a successful blog tour (mostly for authors, but the advice is almost always pertinent).

Of course, these options don’t need to be quid pro quo arrangements (and I believe that they generally shouldn’t – I prefer being generous with those composers I believe in). I’ve taken it on myself to put samples of other composers’ works in the backs of some of my own scores not expecting anything in return from them. Not that I wouldn’t appreciate anything that they might do to promote me, as well, but my intention is to endorse those composers because I like their work.

Your promotion and endorsement of other composers – as in all things – should be genuine.

These promotional solutions, as well as that of composer collectives, are predicated on the idea that the business of concert music is not a zero sum game. We’re not really competing with one another – we’re in this together. And a rising tide lifts all boats.

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Collectives Part 1

One of the things that makes self-promotion so uncomfortable for people is talking about themselves – specifically talking themselves up. It’s just you saying how great you are.

One way to alleviate some of that anxiety is to band together with other composers, forming a collective of sorts. There’s no one way to do this, and the best solution is one that you and your fellow collective members are all comfortable with.

These collectives can operate in a number of ways: as PR machines, issuing press releases, and sending email newsletters and announcements; as production companies, presenting concerts of the composers’ works; or as publishers, issuing scores, handling royalties and licensing, and doing promotional work for the composers it represents. The possibilities go on and on, and can be mixed and matched in any combination that works best for the collective’s members.

In these arrangements, each composer naturally brings something unique to the table, not the least of which are the strengths of their music and reputations. But they also bring with them a built-in audience, as well as the various skills that each composer wields outside of their musical prowess.

When I ran the Tobenski-Algera Concert Series with Jeff Algera, we both had different skills that helped the series to gain attention and a solid reputation: we both had significant experience designing and building websites; I had a good mailing list in the City, as well as a growing donor base to draw on; and Jeff was a great organizer and detail man, especially on the days of the concerts themselves, when I was often busy preparing to perform (another asset I brought to the table [I frequently performed - always for free - so that we had lower operational costs]).

Here are a few other brief examples of composers banding together successfully:

• With some collectives, like the New York Composers Circle (http://nycomposerscircle.org), dues are charged to help defray the group’s expenses. The NYCC also hosts monthly salons to showcase members’ works, and presents regular concerts featuring works by both members and non-members alike.

• In contrast to the NYCC’s semi-open membership, Sleeping Giant (http://www.sleepinggiantmusic.org/) is a group of six Brooklyn-based composers of varying focuses and styles who present concerts together.

• Red Poppy Music (http://www.redpoppymusic.com/) was formed by Michael Gordon, David Lang, and Julia Wolfe to publish and promote their own music. The company has since gained distribution through G. Schirmer. (And founded a little thing called Bang on a Can.)

• And none of us could have made it through our musical training without learning something of Les Six and The Mighty Five. ‘Nuf said.

Just Googling “composer collective” reveals a startling array of groups in the first page of results – clearly this is not a new idea, but one that many of us overlook.

PR
For a number of reasons, it’s often much easier to talk about your work through the filter of a larger organization.

For one, you’ve got the benefit of there being safety in numbers. You’re not just advocating for yourself, you’re advocating for a group that you happen to be a part of, which can alleviate the stress of having to talk about yourself exclusively, so that you can take advantage of the mode of thinking that, “This email blast isn’t from me, it’s from us.”

Also, being a part of a formal or semi-formal group can create a sense of distance – a sort of wall that separates you from the group that you’re sending updates to. I figured this one out when I started the NewMusicShelf – the act of speaking for and as a company felt wildly different than speaking as and for only myself. I knew that the people I announced the existence of the site to who knew me were aware that my music was there, but I didn’t feel a) the need to push myself exclusively, or b) the minor anxiety that often goes with saying, “Hey! Look at me!”

The same was true of the Tobenski-Algera Concerts. Granted, my name was the first half of the name of the series, but the fact that I could speak as the organization granted me the latitude to speak of myself as just another of the interesting composers whose works were being presented, rather than saying, “Check me out, I’m awesome!”

Another advantage to banding together is the ability to expand your circle of exposure to the mailing lists of your fellow collective members. Now, this doesn’t mean swapping your contact lists and suddenly sending emails to a person who hasn’t “opted in” to receiving your personal newsletters just because they’re a contact of one of your friends. But by convincing your contacts to joining the group’s mailing list (and attending the group’s concerts, or buying the group’s album, or just listening to the audio samples you’ve got on the group’s site), everyone benefits because of the wider exposure.

There’s an ethics to the whole mailing list thing that must be acknowledged. I think a good rule of thumb is asking yourself: “Would I like to receive regular mass emails from a stranger or vague acquaintance? Emails that I didn’t ask to receive?” The answer is probably, “No.”

What I’d recommend in this instance is to invite your contacts to join the list of the group. Offer them an MP3 of your music if they sign up (and be sure they get the MP3!). Take a page from Permission Marketing (and while you’re at it, Seth Godin’s blog – he’s got some great ideas in this area and many others) and give your fans an incentive to follow the group.

Publishing Company
This particular solution is probably the least useful now that self-publishing is no longer as stigmatized as it was. With so many major composers having taken on the role of their own publisher, it’s no longer necessary to hide behind a distinguished-sounding name to be taken seriously.

However, publishing your works with other composers can offer a few perks. There’s the increased visibility: the followers of the other composers will regularly see your name when they visit your publishing company’s site (because you’re going to have a site, no ifs, ands, or buts). And if you each bring a different skill to the table – score design, engraving, organization, bookkeeping, web design – you can make life easier for each other. Plus, you can pool some financial resources to make things less cumbersome than they would be if you were going it alone.

On the other hand, you all have to be relatively equally committed to the endeavor, especially since there are finances at stake. Each member will have to pull his/her own weight, or resentments and major conflicts are inevitable. Bookkeeping will be especially important since publisher royalties will be paid to the company, and will have to be divided accurately.

Pooling Resources
In my eternally humble opinion, the pooling of resources is where the money is at, so to speak. There are tons of ways to make this one work without the long-term, far-reaching commitments of publishing that you may not be ready to make at this juncture, but that allow everyone involved to benefit enormously. The pooling of resources can be as formal or informal as you and your compatriots like.

One example of an informal resource pooling is a bartering arrangement – trading the use of skills to mutual advantage: web design, engraving, extracting parts, writing press releases and promotional materials, proofreading materials, performing. In essence, if Composer A has a skill that Composer B lacks, and Composer B has a skill that Composer A lacks, each can help the other out by bartering services. This may not be quite a “collective”, but it definitely helps to create a sense of community and shared goals – nothing to scoff at.

The Tobenski-Algera Concerts’ beginnings offer another example (maybe one of the stronger ones, in my experience) of how composers pooling their resources can be used to significant mutual advantage. When we started the series, we typically programmed works by a central core of young composers, with several others (including one “master” composer) thrown in. This central group divided expenses equitably to make sure that no one or two composers bore the bulk of the financial burden. In one of our earlier concerts, we hired eight musicians, and the costs of the performer fees, the space rental, and the high-quality recording ran in excess of $3,000, which none of us could ever have afforded individually. But because of the way we split the expenses (minus the box office), none of us paid more than $400 – a reasonable price to pay for a solid performance (well-played and well-rehearsed) plus a good recording for use in our portfolios. As the series matured, and we started putting out calls for scores, we stopped asking for composer contributions and started fundraising in earnest. But those early concerts worked as well as they did because the group was willing to pool our resources – both financial and otherwise – to make the concert as successful as possible. And as fundraising became more and more of a necessity, Jeff and I shared those responsibilities, as well – pooling our donor bases and mailing lists effectively.

And producing concerts with like-minded colleagues is not only much easier to handle financially than going it alone, but is also an infinitely more proactive approach to building a career than waiting around for someone else to perform your works.

Recording as a group also helps out immensely. For example, if each member of a group of composers has a piece that falls within the bounds of a particular instrumentation, the group could hire an ensemble to prepare and record the piece, rent a studio, and hire a recording/mixing engineer to record each of the works. Sharing the expenses makes much more financial sense – for a fraction of the cost, each composer walks away with a solid recording.

And if the group is so inclined, they can release all of the recorded together works on a compilation album. Although the divvying up of sales would take some solid bookkeeping (not to mention a well-written agreement among the members for equitable distribution of royalties), each composer would benefit immensely from the others’ promotional efforts in getting the album to reach a wider audience. And in this day and age, it’s almost obscenely easy to get an album onto iTunes, and equally simple to sell copies from the composers’ websites. (And let us not forget the selling of recordings at concerts!)

I really think that when composers band together to help one another out, the sky’s the limit. Seriously, dream big, and see where working together can take you.

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Why Self-Publish?

Alright, now that we’ve talked about some non-everyday, slightly esoteric stuff, let’s tackle something a bit meatier and more immediately applicable: publishing your music.

Let me say here and now (though I’ve said it before and I’ll say it again [and again and again]): I strongly advocate against pursuing a publishing deal with a traditional publisher. Traditional publishers, or legacy publishers as I prefer to call them, are not the institutions that they once were, fostering the careers of promising composers, and advocating for performances and recordings of their living composers. Honestly, though, I’m not sure if they ever really were what “they once were” – just as our cultural memory of the 50s as a wholesome-as-apple-pie, not-a-care-in-the-world era of happiness and prosperity is a false one, I think our memory of publishers as bastions of modern music in the style of Ralph Hawkes’ cultivation of Benjamin Britten is fabricated from equal parts wishful thinking and Stockholm syndrome. We’ve always been taught to believe that if you write good enough music – and maybe win an important prize or two – one of the big houses will swoop down from the heavens and offer you a contract to publish X or Y piece (or an exclusive contract!), and you’ll be taken care of for the rest of your life. All we have to do then is keep writing music, and our publishers will take care of the rest.

Unfortunately, that’s not how it works. At least not anymore. (And I can’t say as I’ve ever heard of a case where things did work like that.)

Concert music publishers today are, for the most part, antiquated subsidiaries of subsidiaries of subsidiaries of multi-national corporations. Some are still independent, but that mostly means that there’s not a larger corporate structure in place to bail them out if they get into financial hot water; although it also means that there’s not a larger corporate structure in place to shut them down if they don’t meet the arbitrary profit expectations set by some accountant sitting in a back office of one of the parent companies, and who has no interest in knowing the concert music industry or its financial idiosyncrasies. This is all to say that, like many things these days, concert music publishing has been corporatized, and is primarily interested in what will sell.

Now none of this is to say that publishers, because they’re corporate, are evil. Nor are they uncaring or lazy.

What they are is: lost.

The world of concert music has never embraced innovation or technological advances. We do the things we do because that’s how things are done, not because they’re efficient or intuitive. Some things are efficient, some things are intuitive, but most things are… tradition.

Take, for example, paper sizes. Concert music is published on 9 x 12 inch paper, while the world operates on 8.5×11; sometimes 8.5×14 or 11×17. But whenever I hazard the opinion that self-publishers should format their scores to 8.5×11 (especially for digital scores, which will be printed by others without specialty printers), at least one person in the room suddenly turns into the Dowager Countess from Downton Abbey – I’m confronted with a flusteredly scowling Maggie Smith, hooting a shocked, “But my dear, it simply isn’t done!”

Publishers are locked in the same mindset. And what changes they make are either too little too late, or mere retrenchment. Most publishers, in response to flagging score sales, resorted to print-on-demand for most of their titles. This allowed them to avoid some warehousing costs, but (at least at first) added 3 to 4 weeks to the delivery time – a major inconvenience to customers. And it took most publishers years and years to create an online storefront on their own websites, which would have afforded them (after the initial investment in an ecommerce setup) a higher rate of profit. Instead, their websites pointed to various and sundry distributor sites, which sold through their own online storefronts, and took a sizable discount, leaving the publishers with less money, as well as less brand recognition: I didn’t buy this score from Boosey & Hawkes; I bought it from SheetMusicPlus. The storefronts of most publishers today are still mostly clunky, ugly, counter-intuitive, hamster-powered labyrinths of confusing nested categories and incomplete misinformation. (Pardon my horribly mixed metaphors.)

Services like Schirmer On Demand are great steps in the right direction, but they won’t, I fear, be enough to save the industry.

Although it’s all I hear in private, it’s difficult to say in public that concert music publishers are dying a slow and agonizing death. (To channel the Dowager Countess myself for a moment: one doesn’t say to a man on his deathbed, “Did you know that you’re dying?” One smiles and comments on the weather, and when one is out of earshot, tsks and tuts and well-he-brought-it-upon-himselfs behind his back.) Without a drastic shift in the way publishers do business, their continued survival will not be a long-lived one, and their various play-it-safe experiments will do little more than put off the inevitable for a few more years.

I’ll continue to pick on legacy publishers as we go, so let’s talk about happier things in the form of your alternative in the game of getting your music “out there”: self-publishing.

It used to be that the mere suggestion of wanting to self-publish was an admission of defeat, or a sign of very poor judgment. Self-published scores used to be synonymous with poorly-engraved scores of music that was, to varying degrees, unlistenable, unplayable, or just plain bad.

Now, some of the most successful composers publish their own works very successfully. Jennifer Higdon, Stephen Paulus, Philip Glass, Alex Shapiro all publish their own works and have thriving careers. No longer is self-publishing a dilettante’s game.

The advantages of self-publication are numerous, and include:
• complete control over rights, layout, pricing;
• larger profits;
• collection of writer and publisher royalties;
• the enthusiasm of your sales force – you.

Compared with a legacy publishing deal, where you hand over all rights and control, earn a 10% royalty on sales, forfeit half of your performance royalties, and are lumped in with hundreds of other composers and thousands of other scores vying for the attention of the already-badly-overworked marketing department…. Self-publishing isn’t looking so bad.

With all the control you maintain, however, come the responsibilities of:
• knowing how to engrave your scores to professional standards;
• managing your bookkeeping;
• finding distribution outlets for your scores and recordings;
• being a good spokesman for your works.

Some of you may start to balk here because <whinyvoice>It’s too much woooork</whinyvoice> and <whinyvoice>It takes up too much tiiiime</whinyvoice>.

Well. As a business, which, if you remember my chapter on the benefits of entrepreneurship, you are, these are things that should be on your mind. Every successful business owner has to think about these things: the quality of their goods or service, cash flow and bookkeeping, distribution channels, ways to let people know about their services, finding new business/clients. They’re a necessary part of establishing and growing a business. And they’re a necessary part of establishing and growing your compositional career.

Some of us are already good at some of these things. For me, engraving is a part of my composing process – although I write in a number of different ways (at the piano, at the computer, away from both piano and computer, hurriedly scribbling notes on the subway before I get to my stop), I’m always thinking about the final look of the score: how will I notate this? is there a clearer way to show that? how in the hell do I put that on the page? And I’m ridiculous about bookkeeping – I have spreadsheets for everything: performance royalty tracking, project budgets, what I owe my collaborators in royalties from score sales. I have a spreadsheet where I enter my musical income, and it analyses the data so that I can track my income by score, income by year earned, income by year of composition, and income by source. It may be a little overkill for some people’s tastes, but I know where my money comes from, and that helps me to know where my energies are (literally) paying off.

For those of you starting to get panicky over all of these businessy considerations, take a deep breath – no one is forcing you to implement everything all in one go and to understand the whole shebang out of the gate. For the rest of the year, we’ll be tackling these issues piece by piece, and exploring ways to approach each one.

For this week, your homework is to take stock of your skills as a businessman/businesswoman, and be honest with yourself about where your strengths and weaknesses lie. Consider yourself in the role of a shop owner or service provider: what do you need to keep in mind to manage your business properly? Now, compare those requirements to your composing career: where are the similarities? Where are the almost-similarities? Where are the differences that really aren’t all the different when you think about it a little bit? And what just flat-out doesn’t apply? I’ll bet you dollars to donuts that there aren’t many that fall in the last category.

So tell me: what are your strengths? And how do you intend to capitalize on them? And what do you intend to do to address your weaknesses?

I write the Composer’s Guide here, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Copyright Part 5

My apologies for my absence last week – an unexpected health issue kept me from making use of my regularly-scheduled Composer’s Guide writing time last week (I set aside every Wednesday evening from 6:00 until 1:30am to write this, though I try not to take that long!), and the rest of my time was already spoken for until today. Such is my life!

So this week I want to finish off (at least for now) our copyright discussion with one of the most controversial topics surrounding intellectual property law: the cutely-named “copyleft” movement, and its impact on how copyright law is perceived.

First, though, a brief note and a few links on copyright infringement again. One of my earlier posts on the importance of registering your works, and it was noted in the comments that wholesale theft of concert music almost never happens. However rarely it happens, though, it still does.

Take as an example the Messe de requiem by Alfred Desenclos. The Messe was composed in 1963, and published by Durand et Fils in 1967. Then in 1999, almost 30 years after the death of Desenclos, it was presented as an original work by the young composer Tristan Foison. The story is sordid and sickening. And a wonderful cautionary tale. You can read about it here and here. So who doesn’t want to register their works now?

OK. Copyleft.

The copyleft movement started in the software world: software engineers wanted certain of their programs to be freely available while still limiting certain uses of them: particularly commercial use. In other words, they wanted people to be able to use and build upon their code, but didn’t want corporations to swoop in, modify the code slightly (derivative works, anyone?), and release the minorly-edited version commercially, thereby making potentially millions of dollars on a product that they neither created nor funded the creation of. The fruits of this movement are quite robust and active still in the tech community in the form of Open Source. WordPress, OpenOffice, VideoLAN, Wikipedia, Apache, Android, Mozilla: these are all companies and products centered around the Open Source Initiative, which has its roots in copyleft. Each of them may be used and disseminated freely, and users may modify or add to them so long as they don’t offer the modified version for sale, and in most cases maintain the notice of original authorship.

Most of what we make use of on the internet is thanks to the Open Source Initiative, the GNU License, etc. This blog is powered by WordPress. Some of the cooler bits of coding on this site are my own adaptations of various codes available on sites like Dynamic Drive. If you care to, view the source of this page and see the authorship notices embedded in the site’s header material. You can bet your sweet bippy that I’m thankful for open source software.

However!

This is all tech crap I’m talking about. It’s not music.

So where does music enter into the equation?

With the advent of sampling and sound libraries, there came a wider call for freely-available sounds and sampling materials. Just as with the proliferation of powerful image editing software, there grew a need for non-copyrighted stock images. Of course, when I say a “call” or a “need”, I mean: people wanted to use things that other people made, but not pay for it.

Enough people had gotten in trouble for using copyrighted images or sounds without permission that some of them started making their own and offering them for others to use without having to pay licensing fees. Many of these are available thanks to the proliferation of the Creative Commons license.

I get a lot of questions about Creative Commons and how it compares to copyright. (There’s nothing to actually compare, but we’ll get to that.) In fact, it was an email conversation I had with a fellow composer about Creative Commons that sparked me to write my first essay on copyright, which I’ve plundered liberally for this series.

This composer argued in favor of abandoning copyright in favor of licensing under Creative Commons and similar entities. (I say “entity” because Creative Commons is a non-profit corporation. FYI.) And it was this argument that made me finally realize how little composers and other artists understand about what Creative Commons actually is, and how it stands in relation to copyright.

A lot of composers and artists I talk to seem to think that Creative Commons and similar types of licenses are an alternative to copyright. That somehow CC’s ShareAlike and NoDerivs licenses replace the need for copyright protections. CC is, in fact, a type of extension of copyright that allows creators to forfeit various and sundry of their rights so that other people can have more stuff for free.

You can see that I’m not the hugest fan.

Now, I’m not completely opposed to CC licenses, but I think that composers should be careful about using these licenses with their works.

The most successful uses of CC licenses that I’ve seen used with creative works have been with photos, sound samples, and webcomics. All of these are small individual works that help to give a creator exposure and experience while also allowing them to generate revenues in other areas.

For example, photographers can make a handful of their photos available with a CC Attribution-NonCommercial license as teasers for the rest of their work – individuals and companies that want to use other of their images can pay a licensing fee, or hire them for individually-tailored shoots. Audio engineers offering sound samples can create a tiered service: the basic set of samples are made available gratis, and the “premiere” set can be purchased for a fee.

Webcomics make ingenious use of CC licenses. The individual comics themselves, because they’re posted to sites that are accessible by anyone, and because no image online is safe for long, are all licensed under CC. It’s merchandising that earns the artists their income. Jeffrey Roland’s TopatoCo is a prime example of this, as is Randall Munroe’s xkcd comic and store. Roland’s comics Wigu and Overcompensating, you’ll notice, like Munroe’s xkcd (all three of which I adore – I have a whole folder of webcomic feeds that I subscribe to in Google Reader. If you want me to dork out some time, ask me about it.) are available via CC licenses. And fans who want to have the comics collected in book form, or want T-Rex of Qwantz fame on a t-shirt , or want a print of Cornelius Snarlington, Business Deer, can shell out cash for the comic artist’s merch.

Concert music, in my opinion, differs greatly from these media. Enough so that I find CC licenses to be ill-advised for concert music composers. I’m always willing to listen to arguments to the contrary, but for the moment, I can’t see CC (say that ten times fast!) as being beneficial to our financial or artistic well-being.

Let me explain as best I can.

Our works are highly-individualized, labor-intensive, time-consuming things that have very specific types of secondary income: score sales and print/recording/broadcast/etc royalties. By appending a CC license to any of our works, we forfeit our claim to those sources of income. And unless we write many, many works with the same instrumentation, we aren’t likely to be able to use a limited number of CC-licensed works as gateway works to the rest of our catalog. Even then, a composer with a significant number of works for solo piano would be – in my opinion – ill-advised to offer one or two pieces under CC licenses hoping to attract interest in the rest of his catalog. A photographer offers a limited number of photos under CC because she knows that those few she offers for free won’t be appropriate for every project that others may need images for. An audio engineer can offer a limited number of quality samples because he knows that while some users will be content with the free product, more users will want the full complement of samples because of a) their quality, b) their range and scope, and c) again their quality.

The concert music composer who offers a CC-licensed piano piece is offering a stand-alone work that is presumably of considerably high quality. (Why offer a work that is not your best?) That work is likely to be played more often than those that require the performer to pay for the score and performance licenses. People will, of course, buy the others, but probably rather less often.

One argument I’ve heard in favor of CC licenses is that they allow others to make use of your music to create more art.

That’s nice and all, but they can still do that without you renouncing whole swaths of your rights.

Remember the last chapter from two weeks ago when I told my little story about the visual artist who used one of my scores in her work? (I completely failed to mention, by the way, that her name is Yu-Wen Wu, and he’s fabulous. You can see the body of work inspired by my score here.) Well, I gave her permission to use my score, and I didn’t ask her for a fee or anything. She’s a friend, and I was happy to have my piece repurposed for the sake of her art, so I just said, “Yes.”

You can do that, too!

I’ve also had my works remixed by pop artists, and arranged by fellow composers. All I asked of them was that I get credit as the original author. That may sound like a CC Attribution license, but the big difference is that I retain my rights to those works for all other uses.

It’s not that I’m stingy, it’s that I don’t feel the need to renounce significant portions of my rights altogether.

If you want people to remix your work, or make use of it in some new and unusual way, you don’t have to give up your rights.

A simple solution? Put something on your website saying that you welcome collaborations with other artists, and all they have to do is email you at youremailaddress@yourdomain.com. Done!

Problems with Perception
There are a few reasons, I think, why people tend to rebel against copyright, and lean toward the copyleft movement (which I recently heard referred to as “copywrong” – I don’t disagree with that assessment), and I think it has to do with public perception of how copyright can be…misused…? I hesitate to use the term, although I think that it is what I really mean to say.

Copyright duration tends to be a big issue for some people, and I can’t say that I completely disagree with them. I fully believe that a creator should have complete control over his/her works for the entirety of their lives, including the right to assign those rights to others (publishers, etc). I even think that the creator’s heirs should get some benefit from royalties, etc. So, I definitely advocate for a life-plus-___ duration.

I certainly don’t have an answer as to how long I think copyright should extend beyond the life of the creator. But it should for some reasonable period.

I’ve heard a lot of people lately saying that life plus 70 years is too long, and they’re not unreasonable in saying so.

And it’s the reason why life-plus-70 exists that has skewed much of the public’s perception of copyright. The Copyright Term Extension Act of 1998 was lobbied for extensively by the Walt Disney Company and the Gershwin Estate. Both had a lot on the line – the copyright terms for Mickey Mouse and Rhapsody in Blue were both nearing their end; and because the CTEA was passed, both of these continue to be significant sources of revenue for each organization, respectively. Thus, the perception of copyright as benefiting only corporations was born.

Because of this sore point, it’s easy to overlook how greatly copyright benefits individual creators. As I’ve said many times already, all opportunities we have for income generated from our works are because of copyright.

I feel really strongly about composers holding onto their rights. So I urge those of you considering using Creative Commons and similar licenses to think carefully before you do. It’s a bell that can’t be unrung – once you put a piece out there with a CC license on it, those copies can circulate and undermine any attempt you may make later on to generate income from the same work, should you reconsider your earlier decision to go the copyleft route.

Before I close the door on our copyright discussion, I would be remiss if I didn’t make note of termination rights. For those of you who have pieces that were published during or after the late 1970s, you have a unique opportunity coming up: you can reclaim rights that you’ve assigned to your publishers. This right comes available 35 years after first publication, and is available only for a window of 5 years. There are hoops that must be jumped through, and some really specific timing issues involved, but some of you may find it to your benefit (though don’t expect your publisher to be happy with you).

There’s a good blog post by an Intellectual Properties lawyer on the subject here, and the Copyright Office’s official language here.

That does it for now for copyright, so I’ll see you all back here next week for the next exciting episode chapter of The Composer’s Guide!

Share and Enjoy!

I write the Composer’s Guide here once a week, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

And I really love to get feedback in the comments section, via email, and on Twitter – they really keep me going on this project.

Thanks!





The Composer’s Guide to Doing Business: Copyright Part 2

Welcome to this week’s installment of The Composer’s Guide to Doing Business. This week, I’d like to continue our discussion of copyright, and cover the whys and the wherefores of registering your copyrights with the U.S. Copyright Office.

Before we get started, though, I’d like to remind everyone that I’m not a lawyer or a law professional, just a composer with an obsession with the practical aspects of having a career in music. This Guide shouldn’t be interpreted as “legal advice”, but as observations based on experience and (extensive) research.

On to the fun stuff!

Thanks to the Copyright Office’s new online system, registering your copyrights could hardly be easier. The first copyright I registered was back in 1998 – one of my very first compositions, which I guarantee will never see the light of day until some lucky doctoral student decides to write their dissertation on my juvenalia decades from now. My Sonata in C#-minor (yeah, I know) was the first thing I’d written that I’d taken the pains to notate, and it was such a special occasion for 16-year-old me that I raced out to get it copyrighted as soon as possible.

Even then, having to fill out the paper form and mail it off, it was an easy process – so long as you had the right form – and I had no difficulty at all, even at such a tender age. With a little poking around online with my family’s AOL account (who’d have thought the internet could ever have been that young?) I found Form PA, printed it out, and set about registering my very first copyright. The form itself was only two pages (it still is, and hasn’t changed a lick in the intervening years), and took a matter of minutes to fill out. I’m sure I spent infinitely longer looking over the form again and again to make sure I hadn’t overlooked something or misread the instructions. Imagine my surprise to learn that such a fabled thing – a COPYRIGHT – was so easy to register!

Off the form went in the mail with a photocopy of the manuscript and a check for $65, and a few months later (no one ever accused the government of working quickly) my form showed up again in my mailbox with the “Do not write above this line” section filled out with my registration number and effective date. Bliss!

Now there may not have been much call to register the copyright for that particular piece, especially since no one has seen it (and I’ve barely thought of it) since the late ’90s, but by going through the process, I learned a very valuable lesson: things like this tend to be a lot easier than they seem.

Even though the thought of bureaucracy and filling out forms can be daunting to some, registering your copyright is a very simple thing to do. And it’s something that every composer should do, for a number of reasons.

Why Register Your Copyrights?
A few months ago, a friendly acquaintance on Twitter weighed in on my earlier post about copyright, and said that he didn’t think that the government should be the arbiter of copyright at all. I kept my snark to myself, being the polite, gentle soul that I am (*wonders of anyone actually believed that last bit*).

Of course, I wanted to give my acquaintance a light smack on the head.

Government is the arbiter of copyright. And there’s no other arbiter even remotely possible.

Why?

Well, let’s look at some of the benefits of registration, and go from there.

The primary benefit of registering with the U.S. Copyright Office is so that if your copyright is infringed upon, you have clear redress to the situation.

The first step to take in case of an infringement is to get a lawyer. Your lawyer will draft a letter informing the person or business:
a) that they are infringing on your copyright, and
b) that they must stop their use of your materials at once.

The second step is to drag their sorry asses to court. Now, in some instances, the infringement isn’t severe enough to bring to this point. Some people just plain won’t have known that what they were doing was illegal, and will be mortified, and stop what they were doing right away. Chances are, these people won’t have done enough damage to warrant taking to court.

But other people…

Sometimes the other party just won’t stop. Either they don’t care, or they think you don’t mean business, or they’re just black-hatted, mustachioed arch-villains bent upon the destruction of society through their disregard of intellectual property laws. Y’know. The founders of Napster. (I kid, I kid.)

In this situation, your registration with the copyright office will be immeasurably in your favor, because you can’t even file an infringement suit without a registration! Without a registration, the only redress you have is to write letters and cry into your pillow.

If you decide to wait until someone has already infringed on your copyright, you’d better be quick about registering.

Copyright holders who register in a timely manner are entitled to significantly greater damages in infringement suits. Many victims of copyright infringement are only entitled to actual damages – the amount of money the other person gained from the infringement. This usually isn’t much at all, so the costs of filing the suit will far outweigh the damages that you’ll be paid in this instance.

However, when you register in a timely manner and successfully sue the infringer, you’re also entitled to what are referred to as statutory damages, as well as court costs and legal fees. This is a HUGE incentive to register your works.

If your work is published – and, considering as most of us self-publish these days, it probably is – you have two chances to register in what is considered a “timely manner”. Your registration is considered timely if it’s done either:
a) within three months of publication, or
b) before the infringement first occurred.

If your work is “unpublished”, you must register before the infringement occurred in order to be eligible for statutory damages (which can be as high as $150k!), court costs, and attorney fees.

If you didn’t already, I hope you’re starting to see how government can be the only arbiter of copyright. Registration incentives aside, copyright and intellectual property laws define the scope of the protections that you’re entitled to in the event that your music is stolen or used without your permission. Remember from last week that copyright was written into the body of the Constitution – it was deemed more important than the Bill of Rights as evidenced by the fact that it’s not an amendment – in order to “promote the Progress” of the arts. Without these laws in place, there could be no enforcement of any kind of protections, or limits on the usage of another person’s intellectual property.

So while it may feel nice to think that in a perfect world all artists and their works would be protected without the need for government oversight, the cold hard fact remains that copyright is governed by a series of laws; so if you want some redress in the even that your intellectual property is stolen, get thee to Form PA.

But How Do I Register?
As I said earlier, copyright registration could hardly be easier.

Whereas a composer used to have to get Form PA (for Performing Arts, which we shared with playwrights, filmmakers, choreographers, and recording artists), there’s now one online form for most types of registrations, Form eCO.

The advantages of eCO over the paper forms are pretty huge. First and foremost is the lower filing fee. Remember how I said earlier that I paid $65 for the registration of my Sonata? The paper version is still $65, but the online form is a whopping $35. Much easier on the pocketbook!

There’s also a much faster processing time thanks to the lack of paper. Transmission is immediate, nobody needs to sort through stacks of mail and forward them to the appropriate department, and there’s no sloppy handwriting to decipher. Everybody wins! Except maybe the post office….

You can also track the status of your registration, which is nigh on impossible with paper applications.

I just took a moment to go through Form eCO with one of my recent compositions, and it took me a whole five minutes to get through the registration. Definitions and instructions abound, and are very, very, very readable – they’re there to help you understand what you’re doing, not confuse you – and the form tailors itself to your needs – almost nothing is extraneous.

Alas, and alack, I would not recommend (again, this ≠ legal advice) registering works as a collection, unless they are unpublished. (If your works are available to the public, including through your own website, they are considered published.) The Copyright Office’s various publications and sets of instructions repeatedly say not to do it. That said, if you feel compelled to register your separately-published works as a collection, be it on your head.

To learn more about copyright and registration, check out the various publications available at the U.S. Copyright Office website. Also, I highly recommend Stephen Fishman’s The Copyright Handbook, available from the excellent Nolo Press. The ebook version of The Copyright Handbook is on both of my computers, my phone, and my tablet so that it’s available any time I might have questions. I’m a big fan of Nolo, which is a great online legal resource, with many free articles and lots of information. In fact, tonight, one of my favorite online book stores had an amazing sale, so I snagged a handful of Nolo’s books to add to my collection.

The Poor Man’s Copyright
“But $35 to register each work is still too expensive,” I hear you say. “Can’t I just use the Poor Man’s Copyright?” To which I repeat: copyright registration is required in order to file suit for copyright infringement.

For those of you unfamiliar with the term, the poor man’s copyright refers to the practice of sealing a newly-finished work in an envelope and mailing to yourself. The postmark on the envelope, according to this myth, establishes the date of copyright so that anyone attempting to infringe on the copyright at a later date will be foiled in court when the postmarked envelope containing the copyrighted work is produced as evidence.

All well and good, but again: without registration, there can be no infringement suit. And with registration, you’ve only wasted a perfectly good envelope and the cost of postage.

So let us hearken back two weeks to my exhortation to think like a business. Your registration with the Copyright Office is two things: an investment and insurance.

You’re investing in your security as a business, and in the future of your works. You’re also insuring – for a one-time fee, rather than a monthly premium – that should the unthinkable happen, you’re protected against the bulk of your loss. You may, in fact, come out ahead financially, depending on the severity of the infringement and the damages that you are awarded.

If you have catching up to do, do it. Do one piece a week if you can, or one a month, or one every other month. But get it done – protect yourself and your work.

Make copyright registration a part of your self-publishing process. And if you’re nervous about the forms, do a couple of dry runs first – fill some out for different works in your catalog, but don’t submit them, just shred them before doing it for real

So who’s registering works this week? I know I have a bit of catching up to do.

I write the Composer’s Guide here once a week, taking time away from my composing to do so. If this post helped you in any way, please leave a tip or a small donation on the way out. If you can’t afford to donate, please pass this chapter along to someone who you think might get some help from it.

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The Composer’s Guide to Doing Business: Copyright Part 1

This week’s installment is part one in a multi-part series on copyright that I’ll be writing over the next few weeks. This week, I want to tackle the basic terminology and concepts behind copyright before moving on in subsequent weeks on ways that composers can and do leverage their copyrights to generate income; the benefits of registering your copyrights with the U.S. Copyright Office; practical concepts like public domain, fair use, the doctrine of first sale, and the “poor man’s copyright”; and the impact of the Copyleft movement. I’ve written briefly about copyright before on this blog, so I’ll be rehashing a bit of old territory, but I’ll be going into greater depth in this multi-part section.

Copyright is a bit of a difficult concept for most people to get their heads around, in large part because it centers on the idea of intellectual property – the ownership of creative ideas, or the expression of those ideas. Things get a little more confusing for composers in some areas. My father – a smart man – has asked on more than one occasion: “When someone commissions you, who owns the copyright?” The answer is, of course, me, but when a CPA with a successful, 30-year career is fuzzy on issues of copyright ownership, you know it’s not a simple subject.

So let’s start with a basic definition of copyright and work from there.

What is copyright?
Copyright is a term that refers to a group of rights granted to a creator – we’ll refer to him as an “author” from now on, understanding that for our purposes “author” is interchangeable with “composer” – with respect to his creative works. Those component rights are:

• The right to make copies of the work
• The right to distribute copies of the work
• The right to make adaptations of the work
• The right to publicly display or perform the work

The right to make copies of the work is pretty self-explanatory. The right to make copies – copyright – get it? Eh? Eh? Upon the creation of the work (specifically when the work is fixed in some tangible form, such as written or notated on paper, or recorded by means video or audio), the author is the only person allowed to make copies of her work. This simple beginning is the lynchpin on which copyright is secured. All other rights, as you may notice as we go along, flow from this first right.

The right to distribute the work means that the author may sell or give away any copies of the work that she has made, yet she still retains ownership of the work, and others are prohibited from distributing the work without the author’s permission. So, after writing your latest string quartet, you aren’t giving up your copyright when you sell a copy of the score, or give one away – you’re merely distributing the physical copy of the work. The right to make copies and the right to distribute the work, when combined, form the basis of the publishing industry.

The right to make adaptations – most commonly referred to as “derivative works” – means that the author may arrange or expand on the original work in other, separate works, barring others from doing the same without the author’s permission. It’s this right that allows J.K. Rowling to continue to write in the world of Harry Potter, and prohibits other writers from writing new Harry Potter stories without Ms. Rowling’s permission. Similarly, a composer may make an arrangement of his piano piece for orchestra or brass quintet or guitar, but another composer may not make arrangements of that same work without the original composer’s permission. This right ensures that the intellectual property that Ms. Rowling has gone to such time and effort to create isn’t usurped by another writer who can’t be bothered to come up with his own world to write in.

The right to publicly display or perform the work allows the author to hang his painting, produce his play, perform his music, or read his novel or poem in public – preferably for a fee – and prevents others from doing the same without the author’s permission. This right is where we get our performance royalties from – ASCAP, BMI, and SESAC have built an entire industry around this one right. Performances via audio or video are also covered under this right.

Now, reading all that, it may seem as though these rights are actually more restrictive than helpful, and maybe the Copyleft folks have it right – copyright only serves to restrict the freedom of speech and dissemination of information. Uh, no.

First, a word about the origins and purpose of copyright in the U.S. (my apologies to my non-U.S. readers – this is all U.S.-based discussion).

Copyright was seen as so important to our Founding Fathers that it was written into the body of the Constitution itself. Article I, Section 8 of the Constitution reads: “The Congress shall have Power … To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries”. From this section comes the legal basis for copyright, patent, and trademark. Powerful little clause there, huh?

The basic purpose of copyright is to promote science and the arts by allowing authors to control the uses of their works. Imagine: if these rights weren’t protected by law, anyone could appropriate our work, slap their name on it, and not only call it their own, but attempt to make money from it. In such a world, what incentive is there to share our writings and scientific findings? (Let me point out here that copyright doesn’t extend to facts, but only to the individual expression of ideas. Consequently, writing a novel set in London doesn’t put London under copyright, only the particular story and characters expressed in the novel.) Obviously, there is a drive in many to share their work for the love of their art or the advancement of science, but the ability to generate income from that work is an even greater incentive to disseminate it. What better way to promote science and the arts than by allowing people to make a living at them?

And Free Speech, while a lovely banner to wave, isn’t an excuse to deprive artists of their right to control how their work is used and distributed. I’ve got a big section planned on Copyleft and these arguments, so let’s move on for now and get back to copyright basics.

You’ll notice that I used the word “permission” a lot in my explanations of the component rights of copyright. Permission is the key to what I often refer to as “leveraging copyright”. These permissions are called licenses, and are the basis for the entire music business.

Licenses
By giving another person permission to arrange your string quartet for full orchestra, or sell copies of your score on your behalf, or publicly perform your music, you are granting them a limited license to exercise one of your rights as an author.

Licenses can be granted for any individual right or group of rights, for any length of time that you might specify in your agreement with the licensee. Licenses can be exclusive – i.e., only one licensee may exercise those rights for a period of time – or non-exclusive – multiple licensees may exercise the same right at the same time. Licenses are the basis for royalties, publishing agreements, recording contracts, you name it. Basically, anything that will earn you money from your music is due to a license on your copyright.

When you join a Performing Rights Organization (PRO), such as ASCAP, BMI, or SESAC, you authorize the organization to license performances for you – in other words, to act on your behalf in exercising your right to publicly perform your work. So when an ensemble wants to perform one of the works you have registered with your PRO, the organization authorizes those performances and collects the fees that it charges for the licenses. This type of license is a very limited license – it extends to specific performances, and no more. Any performances of that work that aren’t licensed by your PRO are unauthorized, and a violation of your copyright.

When you grant another composer permission to arrange one of your pieces, you are granting them a license to exercise your right to create a derivative work. Any derivative work here, by the way, has its own copyright, which is now split between you, as the original author, and the arranger, as the author of the arrangement.

When a piece of yours is recorded, you’ll have a mechanical licensing agreement (and you should be paid a licensing fee). When that recording is broadcast, the broadcast is licensed, and you receive a royalty. When a piece of yours is used in a film, TV show, or commercial, the filmmaker etc will have to secure a synchronization license, for which a fee and/or royalty is paid to you.
If a piece of yours is recorded multiple times, you’ll be paid a compulsory license royalty.

All these opportunities for income – however big or small – are because of licenses.

Assignments
While licenses are for individual rights or groups of rights, an assignment is a little different. When you assign your rights to another person or a company, you give them all of your rights to a particular work, typically for the life of the copyright (we’ll get to that).

In the concert music publishing world, a composer typically assigns his rights to his publisher. He forfeits his rights to the work, and the publisher becomes the effective “author”. In exchange for this assignment of rights, the publisher then pays the composer a percentage – typically 10% – of its gross sales for that score. (Now, I have a lot of thoughts about this, as y’all may know, so obviously stay tuned for the posts I’ll have on Publishing and Self-publishing later in the Guide.)

Duration of Copyright
Works don’t stay protected by copyright forever. There’s an expiration date for each work’s copyright. Because U.S. copyright law has changed several times in the past century, most notably to extend the duration of copyright, it can be a little confusing when it comes to knowing what is still protected by copyright and what is in the public domain. Unfortunately, there’s not always an easy answer to this. It’s almost always easier to determine whether a work is still protected under copyright than to determine if it’s not.

For works written as of January 1, 1978, the duration of copyright in the U.S. is the life of the author plus 70 years. So for your own works, you’re fine until you die, and then some.

But when quoting or sampling other works, be careful and be educated.

Quotation / Sampling / Text Setting
Before I sign off for the week, I’ll touch on one final thing. Not exactly a copyright basic, but it ties in nicely with licenses.

If you find that you absolutely need to quote or sample another work whose copyright is held by someone other than yourself, you’ll end up licensing that portion of the original work. Likewise, if you set a text that isn’t in the public domain, you’ll end up licensing it from the publisher or author. Don’t play it fast and loose – just ask for permission. And if you don’t get it, move on. We’ll talk more about securing permissions in coming weeks, though in the meantime, ASCAP has some good resources for this very topic.

On that note, I bid you a fond farewell. Next week we’ll continue with more copyright! Yay!

Disclaimer: I’m not a lawyer, and these posts shouldn’t be interpreted as legal advice. They’re my interpretations and opinions. If you have specific questions about copyright, I highly recommend Nolo’s excellent publications on the subject, or consulting an intellectual properties lawyer. If you think you may be the subject of copyright infringement, absolutely consult a lawyer.

I write the Composer’s Guide here once a week, taking time away from my composing to do so. If you find value in this blog, please do leave a tip or a small donation on the way out. Thanks!