The Composer’s Guide to Doing Business: Competitions Pt 6: IMHO

[This is the final segment of a six-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.]

§

So now that I’ve spent the past few posts on what my boyfriend refers to as a “competition take-down”, it’s time to offer some more constructive suggestions on how I – in my eternally humble opinion – would like to see things run. Mind you, these guidelines mostly hold for ensembles and performing organizations, and not larger institutions.

Call for Scores
First off, drop the whole “competition” thing. Awards and honors should be meted out by large, well-established, well-funded institutions. The American Academy of Arts and Letters, ASCAP, BMI, Columbia University. These institutions can fund a more considerable prize, and there’s significant cachet associated with the awards.

Additionally, removing the competitive aspect allows the organization to avoid whatever costs are associated with bringing on a panel of judges – honoraria, travel, postage, food, accommodations – and keep all decisions both in-house and completely at the discretion of the members and administration of the ensemble/organization, so that the selections are based on the resources and artistic direction of the group.

Multiple Selectees
Rather than making a token gesture toward new music by selecting one or two “winners,” my recommendation is to select either an entire program’s worth of works from the call, or select at least two works per program for your upcoming season. An ensemble that wants to make a commitment to new music should make a true commitment.

By performing works by several composers rather than one or two, your ensemble will be making a much more significant contribution to the music world by giving voice to many composers’ works.

Also, don’t predetermine the exact number of works that you intend to choose. In the event that there are a high number of entries that suit the group well, the option should be available to program more of the submitted works than originally expected. Conversely, if most of the works don’t fit the ensemble’s artistic profile, you should have the option of choosing only those that are best suited to the group. This also allows for infinitely more meaningful interactions between the ensemble and the composers.

Multiple Performances
If it’s something that your ensemble does, perform the selected works more than once! Your composers will LOVE you for it! Your audiences are also more likely to remember the composer, and hopefully seek out more of her works. (And maybe ask for you to program her again!)

Modest Honorarium
I may get an angry mob at my door for this one, but prize money isn’t strictly necessary – especially with a call for scores. However, a modest honorarium never goes amiss.

An honorarium is a nice gesture, as is paying a licensing fee for “rental” or copying or general use of the composer’s materials.

The reason why I’m more in favor of honoraria than prize money is that for many competitions, the prize money isn’t very substantial to begin with. Attempting to raise a bit more, then spreading it equally amongst the selected composers, benefits more of them – whereas a single “winner” would receive a performance and the complete prize, this way gives more composers performances and honoraria that they wouldn’t have received in a more competitive model.

While not strictly necessary, I think that honoraria or licensing fees are important because they send the message that the composer’s work is valuable. Plus: if you intend to charge for admission to your concert, you stand to make money from the composer’s work – they should, too.

Performance Licenses
Definitely have a performance license in place with the composers’ PROs (ASCAP, BMI, SESAC). They’re not expensive, and they offer additional income to the composers. And they make your performance…legal.

Archival Recording
Do offer an archival recording of the performance(s). Be clear about how a composer can use the recording (they can’t sell it), and make sure that they credit your ensemble. If you intend to post the performance on your group’s website, let the composer do the same, provided that they link to your site. Be generous, and be smart: having your performance in the composer’s promotional materials with proper credit gets your group’s name out there even more. It’s free advertising, and great word-of-mouth promotion from an enthusiastic new supporter!

Any recording that you’d like to make commercially available should be negotiated separately with the composer. See my final statement on honoraria.

Commissions
If you’re going to offer a commission, please do it right.

Raise the funds for a fee that is commensurate with the work you’re commissioning. For anything larger than a duo and smaller than an orchestra, that’s between $500 and $1000 per minute of music.

As with my suggestion for multiple selectees, I wouldn’t commit to a commission up front. I absolutely endorse commissioning, obviously, but my recommendation is to base your commissioning decisions on rehearsals, performance, and interactions with the composer rather than merely seeing one or two scores.

Commissioning is a collaborative process, and selecting a composer – or composers – to work with should be approached with the same care and deliberation as programming the remainder of your season. This should be a composer who you want to create a long-standing relationship with, not someone to prop up for a single performance and then discard.

And please – perform the commissioned work multiple times! You paid for it – get some mileage out of it!

Strict Guidelines
Hopefully you’ll have a flood of entries – especially when it’s clear that you’re selecting multiple works for (multiples) performance(s). In this case, you’ll want to have a set of strict submission guidelines. Unambiguous instrumentation: SATB choir with no extended divisi; violin and piano (not violin, piano, and something else because it’s the closest thing the composer had in his catalog). A clear listing of required materials: X number of scores, engraved with a high degree of quality; recording requirements; a CV listing works, commissions, and selected performances. For electronic submissions, list appropriate file formats.

Any submissions that don’t conform to the guidelines will not be considered. Period.

And don’t hesitate to call out composers who don’t follow your guidelines. Email them and say that because they’re missing X from their submission, their piece can’t be considered. If you’re feeling generous, give them the opportunity to submit the missing components within a limited timeframe. (I accidentally left out a submission component to a large competition several years ago, and they allowed me a few days to email or fax it to them. Although I didn’t win, I was still grateful for the leeway so that my piece could be considered properly.)

And absolutely call out composers who have submitted scores that don’t fit the instrumentation that you’ve clearly listed – that’s poor behavior on the composer’s part, and they need to be told – politely but firmly – that they will not be considered because they did not follow the instructions.

Feedback
If you want to be my hero, offer constructive feedback on submissions. “We couldn’t select your work because the score’s engraving wasn’t sufficiently legible.” “Your work is good, but doesn’t fit the style of pieces we usually perform.” “The piece may be too rhythmically complex for us to put together and do justice to in the limited number of rehearsals that we have scheduled.” “Your alto line sits a little too low for our ensemble.” It may be time-consuming, but honesty and tact go a long way, and can really help composers to grow musically or to tailor their submissions to groups more effectively.

Garrett Shatzer and the New Lens Concert Series did just this with a piece that I submitted recently to their call for scores. After they’d made their decisions, Garrett messaged me to say that they liked my piece, but it didn’t fit with the other works that they had already programmed for their season. (If you don’t know about New Lens, they pair newer works with works of the past.) New Lens is really doing it right!

None of These
For anyone who has read the lead-ups to this post, it should go without saying that entry fees are an absolute no-no. Plan ahead, and raise the funds your organization needs to make the proper commitment. Electronic submissions will keep postage costs and administrative time to a minimum. Printing costs can be kept to a minimum by reviewing submitted scores that have accompanying MP3s at the computer or on a tablet.

Age limits should be avoided. If you want to be of service to early-career composers, simply say so in your guidelines. Set flexible internal criteria for reviewing a composer’s CV to decide if they fit the profile of what you’re looking for in terms of where they are in their careers.

And leave the composer’s rights alone. If you want to make a commercial recording, work something out directly with the composer. Remember – you’re using their materials, so they deserve to be paid for it.

In Conclusion
I’m sure I haven’t covered everything, but I think that this basic outline can make the entire process infinitely more rewarding for both ensembles and composers, as well as drastically reduce the expenses that a group might otherwise be subject to with a traditional competition.

§

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: Competitions Pt 4: Rejection Letters

[This is part four 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.]

§

I nearly forgot about this aspect of competitions. Until this past weekend, that is, when I got a particularly unpleasant one and remembered how important rejection letters and emails are to the whole process.

Timeliness
It should go without saying – but apparently doesn’t – that organizations and ensembles that host competitions and put out calls for scores should adhere to the deadlines that they’ve posted for notifying entrants of their decisions. There are times, of course, when circumstances prevent organizations from getting through all of the entries by the posted date, in which case it’s probably a good idea to send everyone an email saying that the announcement has been postponed. We’ll understand. I promise!

It’s always unfortunate, and reflects poorly on the organization, when a composer finds out that she didn’t place in a competition or her work wasn’t selected from a call for scores by reading about a colleague’s win on their blog or having to hunt down the results on the organization’s website / Facebook page / Twitter feed weeks after the winners/selections were supposed to be officially announced. I think it’s safe to say that nearly every composer has been in all of these situations at least once. (Though one of my composer friends is still waiting to hear from a major orchestra’s competition held in 1997. He’s keeping hope alive.)

The rejection I received recently had a few strikes against it, number one being that it came a full 20 months after I originally submitted several works for consideration. I understand that professional ensembles with open calls for scores receive lots of submissions, and that time to review such things is limited, but a near-two-year lag is a bit long, in my estimation.

Tone of Voice
This is one of my biggest pet peeves when it comes to any sort of correspondence: people consistently seem not to realize that the written word has no tone of voice!

From text messages to instant messages, from emails to handwritten letters, the way you intend for something to be read is possibly not how it will be read. And the shorter your missive, the easier it is to misconstrue the meaning and feeling behind it. For most of us, short = unfriendly or rude, even if that’s not the intention. Which is not to say that every rejection or acceptance letter/email needs to be particularly long, but rather its tone needs to be evaluated before it gets sent out.

Tone is one of the things that I most often agonize over in these posts. Am I too sarcastic, too bitchy, too dry? Certain posts are fueled by anger, though I try to keep that anger in check. But however I intend for the posts to come off (usually an amalgam of mildly bitchy sarcasm, attempted humor, relaxedness, and pedanticism – with the odd bit of righteous indignation thrown in on occasion), I can’t be entirely sure how others will interpret them. When I originally read Ned Rorem’s diaries in college, I missed a lot of the sarcasm and humor that pervades his writing. It wasn’t until I heard him read excerpts from them aloud that I understood the tone of voice that had been lacking in my own reading (also the gentle lisp).

Organizations need to be especially sensitive to tone in rejections: the composer has put their work out for your consideration, which is no small source of anxiety. A rejection is often at best a painful thing. And while it’s not the organization’s job to make sure that everyone is happy or gets a medal just for trying, it is in the organization’s best interest to ensure that composers don’t lose their respect or good feeling toward the organization. A rejection with poorly-considered tone will undoubtedly make the composer less likely to speak well of the ensemble/organization, and that’s never a good thing for anybody.

I, for one, have – unfortunately – soured on the ensemble that sent me this most recent rejection email. The author of the two-sentence email clearly didn’t consider how his email came across, and after several days, I still honestly cannot tell whether or not I should be insulted by the first sentence.

Respect
I’m not implying that organizations that host competitions don’t have respect for the composers who submit works for their competitions and calls for scores. If that were the case, why would the competitions/calls exist in the first place!? But – to beat a dead horse – the proper tone in a rejection letter conveys a sense of respect for the fact that the composer not only took the time and went to the expense of submitting a work for consideration, but that they took the risk of sending this piece of themselves out into the world to be judged worthy – or not – of being performed by your group and heard by your audiences.

A well-considered rejection letter can actually boost a composer’s opinion of a group by showing the organization’s respect for composers and what they do, and acknowledging the emotional component inherent to making a submission.

The Person at the End of the Internet
Again with this dead horse.

But let me take the opportunity to turn this around on composers. If you are corresponding with someone at an organization, remember that, just as there’s a monster at the end of this book, there’s a person at the other end of the internet reading your email. Consider your own tone, respect that the organization is attempting to do right by composers and new music, and remember that we’re all in this together.

Tropes
There are a lot of rejection letter tropes that get complained about: “regret to inform you”, “so many wonderful submissions”, “high caliber of music”, “difficult to choose”… The fact that these and similar phrases, along with listing the winners/selectees, have become so common can grate on some composers. For some, listing awardees can feel like rubbing salt in an open wound: “You lost! But guess who won? These guys!!”

For myself, I don’t mind the majority of rejection letter tropes, and can’t really think of any that particularly bother me. Seeing the list of awardees doesn’t usually send me into a rage or a downward spiral of self-pity, though I’m admittedly not entirely immune to a bit of private envy. Typically, though, the winners list offers me a chance to congratulate friends who were selected, and to get a sense of what the panel was looking for. Sometimes seeing who was selected and knowing their style can give solace in the knowledge that you just didn’t fit the panelists’ stylistic profile. (Which is its own problem.)

Boo Boos
No matter how hard we try, something’s always going to go wrong somewhere. But here is a place where an error can be particularly painful. For example, spelling the composer’s name incorrectly. Nothing negates all the good will in the world like getting someone’s name wrong when you’re rejecting them.

And putting all of the rejectees’ names and email addresses in the To: line, and not bcc-ing them in a form rejection.

Although this falls under Tropes, “Dear Composer” is flat-out insulting. It’s the nineties – you should know how to use Mail Merge. You can do that with emails, too, you know, so that the form rejection at least has the composer’s name in it.

I’ve certainly not covered all of the tropes, the aggravations, the potential pitfalls, but if there’s one thing that must be absolutely clear: a rejection letter – be it for a competition, a call for scores, a school application, a job application, whatever – is a delicate thing that has much more power over a composer’s psyche than many people give it credit for. And while I loathe, Loathe, LOATHE the Romantic notion of the Sensitive Artist, composers do find rejection to be a very difficult thing. Everyone does, but there really is a special kind of anxiety and emotional fragility associated with artistic rejection.

§

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: Competitions Pt 3: Age Limits

[This is part three 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.]

§

Many of the composition competitions out there have decided to focus on helping composers at the beginnings of their careers, which is only fitting because once a composer has established herself sufficiently, she no longer needs awards to pad her CV in order to make herself more desirable to schools, other competitions, or (possibly) potential commissioners.

What tends to get overlooked by many of the organizations hosting these competitions, however, is that not all composers begin their careers in their youth. Some composers merely come to writing music late in life. And others start a musical career, then move away from music for whatever reason (usually financial) to return in later years, effectively starting over. Enough significant composers from the 20th century fall into either of these categories that they need not be listed here.

Consequently, imposing age restrictions on competition entrants has the net effect of excluding emerging-but-no-longer-young composers who could benefit greatly from the performances/exposure that a competition placement could earn them. Composers starting later in life are already at the disadvantage of having to change gears or start from scratch, so these limits put them at a greater disadvantage by excluding them from potentially beneficial opportunities.

And, as composer Christian Carey pointed out in a Twitter conversation on the subject, age limits are not only exclusionary, but further pander to the cult of youth that has already swept popular culture.

In short, we’re looking for a composer who – in addition to being talented and skilled – is also, as a former teacher of mine once described some of my extra-musical qualities, “Young, cute, and f*ckable.” (Srsly.)

We’ve also fallen prey to the 5 O’Clock News Syndrome: searching for the next wunderkind who will wow us all with his facility: the myth of the youthful talent that is so limitless that the organization who “discovers” them will be praised for all time for recognizing such a phenomenon. The five-year-old who plays Mozart perfectly after a single hearing. The 17 year-old who composes symphonies crammed with orchestral “color”. In short, a youth who can be propped up in front of audiences and donors as “the next Mozart”.

Wunderkinden are rare. And thankfully so, because we invariably ask them to run before they can walk, and few seem to continue past adolescence or early adulthood, when the pressures to recreate and simultaneously surpass their youthful successes become too great.

I understand that age limits are intended to keep out composers with more experience and (hopefully) growing careers, but they also neglect to take into account those composers whose careers haven’t reached a sufficiently significant level by age 30…35…40…whatever completely arbitrary number the committee decides to impose on entrants.

And one can’t help but wonder if there’s not a sense of distaste at the thought of having a competition winner be in his 60s. There is a more than subtle ageism at work here.

Not every composer started like me when he was 14. And not every composer finds success in youth, early adulthood, or even middle age – there are incredibly skilled and talented composers who toil away without recognition during their lifetimes.

There should be no problem awarding a composer who is not in her 20s or 30s because she started later or hasn’t yet achieved the status that she “should have” by such an age.

Taken alongside application fees and the rights grabs that many competitions make, it’s easy to suspect a certain…cynicism…at play in the organizations that host some of these competitions. The youth requirement all but guarantees that the entrants will be inexperienced and pliable, so a $25 gatekeeper fee doesn’t automatically seem outrageous to the applicants. Plus, a bit of legal-sounding language that seems to be guaranteeing a recording or multiple performances but which also effectively steals a composer’s rights will likely – and generally does – go unquestioned and unchallenged. After all, what experience do the entrants have to counter the claim, “This is just how things are done”?

The only ones to question these practices are the ones who are too old to apply anymore. And their criticisms can be easily written off as petty bitterness over not having achieved a certain status. (…which having won X competition would obviously have solved, if only they could enter it again.)

I’m just starting to age out of some of these competitions, and I honestly feel nothing but relief.

If organizations want to limit entrants to their competitions to be early in their careers, a glance at a composer’s works and CV list will show how long they’ve been at it, and how much experience they have. If a composer’s works list only goes back a handful of years, they’re obviously just starting out, regardless of age. If their musical education was 20 or 30 years ago, but their musical output has a corresponding 20 or 30 year gap…they’ve recently returned to their first love, and need all the help they can get in establishing themselves in this new career.

Competitions who purport to aid emerging composers (as opposed to composers just starting out) might have a slightly more difficult time with composers who are on the verge of moving from “emerging” to “established” (or whatever), but I think that this is a finer point that may need to be addressed on a competition-by-competition and composer-by-composer basis: “Is this composer sufficiently well-established that being awarded by our organization won’t be of significant aid to her career?”

§

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: Competitions Pt 2: Rights Grabs

[This is part two 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.]

§

The subject of competition rights grabs is something I’ve blogged about before on the NewMusicShelf, and I suggest you click on over to read that post, and if you haven’t done so already to read the Composer’s Guide miniseries on copyright.

The rights enumerated in copyright law are the key to an artist’s financial well-being. The only way we can generate any sort of income with our art is to retain as many of our rights as possible, which means that more rights we give away, the less income we can secure from our works.

And yet.

A worrisome number of competitions contain language in their rules and submission guidelines that grants the organization certain key rights to a composer’s intellectual property. Rights that the organization really has no valid reason to have or need. Rights whose exercise could cause severe damage to a composer’s financial well-being should the organization decide to make use of them.

Some examples I’ve seen are:

Right to make a commercial recording
Yeah, ok, I get that the organization or ensemble may be so excited about the winning entry/entries that they want to run straight into the studio to get the performances on disc.

But.

Anything regarding a recording – especially one that will be made commercially available on any level – should be reserved for a separate agreement between the organization and the specific composers involved. It shouldn’t be in a blanket edict dictated to all entrants to the competition at the time of application.

Most of the competitions that use this language also require that the composer waive certain fees and royalties that are normally payable to a composer. Meaning: the organization is claiming the right (by claiming yours) to make money off of a recording of your work without the attendant responsibility of having to pay you for it.

I’ve said this in other posts on this blog, but I’ll say it again: money always flows to the composer.

If someone uses your work, you need to be paid for it. Period. Especially if they stand to make money off of the performance/recording/synchronization. There is no use of your work that should not result in your remuneration. (Except certain educational uses. And music used in religious services – though I strongly disagree with this.)

The mechanical license for a small commercial release (and any sale of a recording constitutes a commercial release – it’s not just recordings sold by big record labels) shouldn’t be waived, especially since it’s not a large fee! When I questioned this point with a competition last year, I was given the excuse that the fee would be small anyway, so I shouldn’t mind waiving it. Sorry, no. If the fee is small anyway, the organization shouldn’t mind paying it.

Remember: the ensemble isn’t doing you a favor by recording your music. If they want to sell it, then they’re using your music to generate a profit for themselves. No one is doing anyone any favors, except the one where you waive your right to fees that are legally payable to you.

I get worked up over this because I see it quite a lot when I look at competition guidelines.

Maybe the organizations who use the language saw it in another competition’s guidelines, and decided to just adopt it into their own because they’re not really sure what sorts of things should go into competition guidelines.

Or maybe there’s a lawyer or businessperson involved in some of these organizations who knows just enough about IP law and the way that competitions are currently being run to think of putting in this language, but not enough to actually understand the potential and actual ramifications of the inclusion.

Namely: that there are significant monetary consequences to the commercial release of a recording of a piece of music. The composer’s only control over recordings of her works extends only to the first commercial release. This is the only time that she can negotiate the mechanical license and royalty rate, or veto the actual recording of the piece if it’s not of sufficiently high quality or not being recorded by performers she wants making this particular recording. All subsequent recordings of that work by other ensembles will only earn her a compulsory license fee, which pays 9.1 cents ($0.091) per copy sold for works under 5 minutes, and 1.75 cents ($0.0175) per minute of recorded music for works over 5 minutes. Beyond that, she will be owed nothing. So, first recordings are important. And you can be sure that a piece that already has a commercial recording probably won’t be eligible for 99% of these competitions, so the vast majority of submissions are unrecorded, meaning that these composers stand to lose something.

While these releases may end up flying under the radar if the distribution is purely physical, entirely offline, and on a small scale, under other, perfectly reasonable conditions they could present a major problem for the composer. If the competition organization is sufficiently tech savvy to get the recording on iTunes – which isn’t hard at all – anybody with an interest in recording the piece can find it if they do even marginal due diligence (and any ensemble working with a real label will get that due diligence from the label’s R&D team), and know that the composer only needs to be paid the compulsory license fee and no more. No permission need even be asked or notification given to make the recording! So whereas our hypothetical composer could have negotiated a reasonable license fee and royalty rate, this competition just screwed her out of hundreds or possibly thousands of dollars in royalties. And if she waived her fees and royalties because of the competition guidelines…..

The only way that a composer could make a decent royalty rate on non-first recordings is if a) the label decides to be uncharacteristically and magically generous, or b) the composer owns the rights to the recording herself, and will consequently earn the full profit from all sales. The latter meaning, of course, that she has either purchased the master, or paid for the entire recording process herself.

I should note that this little rant doesn’t extend to recordings made for archival purposes. Sometimes an organization just wants to have a recording on file of their performances for the sake of posterity or study or promotion. These uses are non-commercial, and have no significant impact on royalty rates or fees. For archival recordings, no mechanical license fee or royalty is due the composer, though I think that the composer should also get a copy of the recording for their own non-commercial use.

(The same competition that told me that I shouldn’t mind waiving the mechanical license fee, also tried to sell me the line that their recording would be archival, which to them meant that it would probably only sell one or two hundred copies. Sorry – not archival. That’s called a “limited commercial release.” And they’d still be making money off of composers who weren’t being compensated.)

Derivative works
One “competition” that I’ve specifically called out in the past really is a scam, and not just because it charges a hefty application fee and awards only a “Certificate of Excellence in Composition” to its winners. It makes a couple of rights grabs that a few other – infinitely more legitimate – competitions also make: most significantly, to make derivative works based on your submission. Seriously.

There is absolutely no reason why a competition should ever in a million years need to make an arrangement of your work or adapt it for any non-original purposes.

When I see this one, which is admittedly pretty rare, but still out there, the only thing I can think (besides, “Hulk Smash!”) is that someone has decided that they want to make some money by stealing rights to pieces, making arrangements, and selling them as their own work.

Performance Rights
Sometimes the competition claims the right to perform the work – almost invariably accompanied with the language “in perpetuity” (a phrase that makes my blood boil on good days) – royalty-free.

Sorry. No.

As a music presenter, the organization should have blanket licenses already in place with the major PROs, so your royalty will cost absolutely nothing more to the organization than what they’ve already paid. If they don’t have a blanket license in place, that’s a big problem, because it means that the organization isn’t paying royalties to anybody for any of the music that they perform! As someone who has paid these license fees before, I can say with absolute certainty that they aren’t expensive in the least, and are easy to obtain (though the PRO websites seem to have gotten more difficult to navigate lately – ya hear me, guys?)

Those unlicensed performances are – sing it with me, now – not. legal.

There’s no reason to ever waive your right to a performance royalty except maybe in the instance of a performance for charity – and then you should still be asked, and not dictated to.

You agree
All of these rights grabs are predicated on the idea that by submitting materials, you agree to all of the terms and conditions (the guidelines and eligibility rules) of the competition. There’s no need to sign here, here, and here, and initial here because you’ve probably filled out an application form, and you’ve definitely sent in scores for consideration; and as these things are worded, that (especially if you’ve signed an application form with attached guidelines) indicates that you have read and agree to all the terms.

Necessary Rights
There are, of course, rights that competitions need to exercise in order to operate: the right to use your name and likeness in press materials announcing that you’ve won, or in promotional materials for the organization or competition. Possibly the right to make photocopies of your materials for purposes of adjudications (which copies will be promptly destroyed). I’m not entirely convinced that a choral competition should have the right to make sufficient copies of the winning score(s) for the choir for performance, but I might be willing to let it slide. Still, I don’t think it would kill anybody to come up with a copying license fee for this latter instance.

Financial Liability
What I think all of these rights grabs really boil down to is not ignorance on the part of the organizers, or any active desire to harm composers or their financial well-being. Instead, it’s purely an act of looking out for the fiscal interests of the organizations themselves. Money is scarce everywhere, especially over the past few years. And ESPECIALLY in the arts. So if an organization can find ways to generate income (creating a recording, selling concert tickets) while also limiting their financial liabilities (not paying royalties, forcing composers to waive their fees, asking composers to submit scores rather than having to find and pay for them…), then they’re going to try them. It may not be sinister, it may not be intentionally harmful. But it is wrong. Administrators may be trying to avoid yet another expense, but it’s at the greater expense of the composers’ careers.

Which leads to issues of…

Professionalism
Because most of the composers who apply to the bulk of the competitions out there are young/emerging and generally professionally inexperienced, they’re not really equipped to know that there are potential and actual consequences to these rights grabs. And unfortunately, the fact that the rights grabs are becoming more and more common is training these composers to value their work less and less. If the organizations who set themselves up to be supportive of new music and of young/emerging composers will nickel and dime the artists, and insist that they waive their fees and royalties, those composers will be trained to put a low value on their art (and haven’t we already devalued it enough?). This sort of financial hamstringing is absolutely not in the interests of composers or of new music.

Rather than than using rights grabs to stiff young composers out of income that they’re entitled to, competitions should be helping to create professional expectations and standards of behavior. Organizations should be teaching young/emerging composers that they are entitled to be paid for their work, and affirming that composer’s rights are important, not manipulating them into giving up rights and waiving fees because the organization has so generously decided to perform a piece or award some paltry prize money.

This is not just a financial issue. It’s a moral one.

§

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: 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.]

§

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!

§

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: 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 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.

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!






Caveat Compositor

Over the coming weeks, I’ll be cross-posting a series of short essays that I wrote at the NewMusicShelf about self-publishing and making good financial decisions as an artist.

It’s one of those times of the year for me: time to check out the various “opportunity listings” with the Professional Organizations I’m a member of, and put together packets for competitions and calls for scores.

The thing that consistently annoys me about these applications is the ridiculous expense you go to in order to have a stranger judge you and your body of work based on a single score. If the competition requires that you submit your scores anonymously or pseudonymously, you’re dishing out money to print and bind this one-time-use-only score, mail it, and cover the return postage. Then there’s the cost of the other submission materials: CDs for recordings; labels for the CDs; a jewel case for the CD; envelopes; paper and ink for your cover letter, resume, bio, list of works, contest entry form, and the performance history of the work being submitted; and the sealed envelope marked with your pseudonym, containing your real name and the title of the work you’ve submitted. One application with one score and one recording can cost $20. Sending two scores and two CDs? Tack on another $10. And that’s all before any application fees. So, to enter a competition requiring two copies of the score and two CDs, as well as a $25 application fee (not at all unheard-of), you’re dishing out $55 at the very least. You can see why I’m happy that more and more competitions are going to electronic submissions!

This is sort of a long way of saying that I don’t particularly like application fees. I’m already dishing out a surprising amount of money to enter a competition, so making me write a check for $25 isn’t terribly endearing. Now, I totally understand that there are administrative costs to running a competition – judges need to be paid for their time; someone has to be paid to collect and sort the applications, get them to and from judges, and put them in their return mailers and get them back to their respective composers; and there are also costs to advertise the competition – but a competition whose intent is to benefit composers probably shouldn’t be taking so much of their money, especially considering that a composer probably isn’t limiting himself to applying to just one competition. If you apply to four competitions that need 2 scores, 2 recordings, and $25 app fee, you’ve just dropped $220.

Another function that an application fee supposedly serves is that of gatekeeper. Some application fees are in place to keep out those composers who aren’t really serious about the competition – just as some colleges and universities have exorbitant app fees in order to weed out those applicants who apply on a lark, and who don’t particularly intend to go there. Ostensibly, composers who aren’t very good and whose scores would add an unnecessary burden to the process would take themselves out of the runnings. I think that, more likely, these fees serve only to keep out serious composers who can’t afford the fee (see: Tobenski, Dennis from 2004-2010).

My thought is that the administrative costs should be budgeted for in advance. Any organization that has its act sufficiently together to hold a national – or international – competition, complete with prize money, should have an operating budget that takes these administrative expenses into account. And any organization that is using the entry fees to fund any part of its prize clearly doesn’t really have its act all that together, now does it?

There’s a potential argument that the administrative costs are budgeted for, and that the application fees are a projected part of that budget. To which I can only say: “Horse feathers!” If the organization has a real budget, it does fundraising. And if it does fundraising, it can come up with the judges’ and administrative fees. And maybe it can cut some costs by going digital, to boot. Save everyone some time and money. I know that fundraising is hard, especially in this economic climate. But being a young composer while trying to pay rent, feed yourself, and be an active participant in competitions and calls for scores is just a wee bit harder. (And it’s awfully awkward when you’re being taken to task by Fran Richard at ASCAP for not applying to competitions that you’re perfectly suited for yet can’t afford to submit to because you can’t really afford your rent and bills thanks to the abysmal job market (See: Tobenski, Dennis: June 2010).)

A nominal application fee, I understand. Something to help defray costs. For example: So-and-so is already being paid regularly for their time working for the organization, so a small application fee supplements their pay for the extra hours they’ll have to work to sort through and organize all of the submissions. Or: in exchange for working from their homes, the panelists have donated their time in judging the entries, so the application costs cover postage of the application materials to and from each of the judges. A bunch of small application fees can go a long way for an organization; conversely a small handful of application fees can be very harmful to a young composer’s financial stability. And don’t tell me that young composers should be more selective in which competitions they apply to (they should, but for different reasons) until everyone in the industry stops badgering us to “Apply! Apply! APPLY!!!”

I totally stand behind the American Music Center’s caveat about application fees on their website:

The American Music Center does not encourage the charging of entry fees to composers or performers participating in competitions, calls for scores, festivals, or other opportunities. While we understand that organizations may feel compelled to charge a nominal fee to help pay for reasonable administrative costs not covered by funding, the American Music Center strongly objects to organizations that charge fees in a manner that is misleading or inappropriate, such as charging relatively high entry fees in order to fund the cost of the actual award or performance or, worse, charging entry fees while reserving the right not to award any prize at all (e.g., hundreds or thousands made by charging fees, but no commission, performance, award, etc.). It is for these reasons that we urge all composers and performers to consider carefully all opportunities with entry fees and to contact AMC directly if you have questions or concerns about a particular opportunity.

I recently came across a competition listing that rubbed me completely the wrong way. The Midwestern organization hosting this competition offers an unspecified cash prize plus two performances to the composer of the winning entry. So after dishing out $25 for your first submitted score and $10 for your second, you have the chance to win $????.??! Bestill my beating heart! If you manage to read the submission guidelines all the way to the bottom, you find out that:

The composer of the winning piece will receive half of all entry fees collected, two concert performances in [date redacted], and a performance and/or recording session recording.

Your prize, should you win, is half of the collected entry fees. In other words, the organization hosting this competition didn’t budget for an award, and are hoping that a lot of suckers composers apply. You may be the only sucker composer who enters, which means that you’ll win $17.50 if you paid $35 to submit two scores. Or everyone in the world could apply, and you’ll be a billionaire!

If that weren’t weird and skeevy enough, this is the next bit from that paragraph which is buried at the bottom of the page.

[Name of organization redacted] will have non-exclusive, world-wide perpetual license to perform the winning piece and shall have the right to record the performance for archival and other purposes, including distribution and sale of such recording. Other submitted works may also be selected for performance but will not receive prize money.

Translation: If you win, then by having entered the competition, you give the organization perpetual license to perform your piece, record it, and use the recording however they damn well please. So you are entering into a contract with the organization signing over a portion of your rights, allowing them to make money off of your works in perpetuity. And the benefit to you that is explicitly spelled out in this contract? …. Yeah, I thought so. There’s no mention of mechanical rights; royalties; the ability to veto a recording that’s god-awful; coaching, consultation, or any involvement whatsoever with the rehearsal or recording processes; or even your right to have your name on the recording next to the title of your piece. Skeevy.

Taking a step back for a moment, most arts organizations operate on the policy of good faith. In a recent conversation I had with a pretty major agent for composers, it was further driven home to me that most contracts in the concert music world are mostly for show. Even with a major commission, the contract is never truly followed, save for the dollar amounts that should be written on checks to the composer. The whole transaction happens purely on good faith. My recent blogular hard-assed-ness to the contrary, I totally stand behind the practice of operating on good faith. We are artists, after all, not divorce attorneys!

So the problem that I have with this particular competition is that this paragraph clearly outlines the composer’s obligation to the ensemble, but not the ensemble’s obligation to the composer. Because it’s buried at the bottom of the page, and it uses such phraseology as “non-exclusive, world-wide perpetual license” and “shall have the right”, in my mind it belongs to the slimy world of fine print. I half expected to see “Some restrictions may apply,” or “Void where prohibited,” tacked onto the end. It just seems to nullify the idea of good faith.

I’m willing to believe that this competition is legit, but that it’s just very poorly managed. And it’s very unfortunate that someone in the organization felt the need to make such a slimy grab at the entrants’ rights. They want to perform the piece? Great, they’ll have to pay royalties. They want to record it? They’ll sign an agreement with my publisher (i.e., me), outlining the fee for the mechanical rights, and ensuring that I’m either involved with the preparation of the piece or have the power to veto its use on the disc should I be unhappy with the result. It’s not just in my best interest that the recording be good – I should hope that the censemble would want that, as well.

This is the sort of competition that makes me question all the others, and I don’t want that.


We Don’t Need No (Business) Education

Over the coming weeks, I’ll be cross-posting a series of short essays that I wrote at the NewMusicShelf about self-publishing and making good financial decisions as an artist.

So I’ve already written about the problems of pricing and why we should (mostly) stop giving away scores for free, but these two topics are part of a larger issue – the lack of education we receive on the business aspects of the concert music business.

I had a great undergraduate education. I was encouraged to push myself academically, personally, and artistically, and I got way more experience than I had dreamed possible – 17 commissions and over 120 performances of my works during those four years. But I was never formally taught about commissions or contracts or royalties. I was very lucky when I left school to have had a private teacher who was well-acquainted with such matters, and who made it a point to educate me on the business side of things. I was taught how to register my works with ASCAP and maintain my performance records; I was given advice on how to negotiate text setting permissions / royalty agreements with poets; I was shown how to present my works professionally; and I was even taught what expenses I could claim as a composer on my taxes and how to organize them to be prepared for an audit. I’ve also “inherited” two separate filing systems to keep my works and my correspondence organized (I use a hybrid of the two, which I’ve in turn passed along to two people who have hired me to organize their archives). But most young composers I know haven’t gotten that sort of education.

Fortunately, more and more schools are offering courses that tackle business matters, but the culture is still very much anti-business. We would much rather focus our energies on our Art and leave the dirty stuff – the money matters – to others. Or we’ll deal with the money when it starts coming in. Except that it won’t come in if we don’t make it come in. We can’t be ostriches with our heads in the sand if we want to survive as both individuals and a community.

Now, we don’t need to get a whole new degree in all things financial, but we should know some basics, because there are some real consequences if we don’t. Indulge me for a moment and let me continue to draw parallels between the field of concert music and the field of prose writing. There was a recent incident involving Columbia University’s MFA writing program, a very famous, very unscrupulous writer, and a lot of screwed-over young people. These young people were offered very unrealistic returns on a very unrealistic amount of work if they signed a very slippery contract written up by said unscrupulous writer’s unscrupulous lawyers. Some sort of education in how to deal with contracts (consult a lawyer before you sign anything!?) would have served these students incredibly well. You can read a great account of the events, as well as a well-written dissection of the underlying issues here.

Composers need a basic knowledge of contracts and their rights just as much as aspiring novelists. Although I obviously advocate self-publication, I know it’s not for everyone, so composers should be aware of what’s in their contracts with traditional publishers. And film composers are especially exposed to being screwed over, however inadvertently.

Let me offer an example of how contracts with a traditional publisher can cause problems. A friend of mine had a chamber piece published about 30 years ago by one of the major publishers. Standard contract. The contract, however, didn’t stipulate that the piece be engraved or that parts be created. So, whenever anyone wants to buy a copy of the score, they can’t. They have to buy three copies. Of a xeroxed manuscript. Because no one engraved it or made parts. And it costs $110. Who would ever buy that? And because of his contract, he can’t get the rights back to do it properly and sell it himself under his own publishing imprint.

I should hope that that story alone would send every composer on the planet scrambling for a book on the subject of contracts, or a crash course from a lawyer friend. It probably won’t, but a boy can dream, can’t he?

Unfortunately, the most common attitudes I see are either of haughty disdain for any activity that might sully the arts with the stink of financial gain, or a general wide-eyed naïveté when it comes to anything remotely financial. And I can’t figure out which one bugs me more.

Let me eviscerate the former first, though. Ignorance, I understand. That “I smell poo” nose-wrinkling, I loathe. Loathe. Loathe. Loathe.

One of my favorite examples is recent Pulitzer Prize winner, Jennifer Higdon. I heard a story recently from a friend who has attended some rather distinguished music schools. A remarkable number of composition students during his time in school had nothing but snarky things to say about Ms. Higdon because she has… a publicist! How dare she! How dare she hire a professional to bring her performances and commissions, the central goal of composerdom! How dare she attempt to support herself through the career that she has chosen for herself! How dare she!

I really only have contempt for that sort of behavior, and I don’t event try to mask it. I think it’s undignified, and I think it’s petty. It’s a purely negative behavior that benefits no one, and only serves to hold up success to derision. It’s also potentially very damaging to the derider, should his badmouthing reach the ears of someone in a position of power who happens to feel warmly toward her maligned colleague. The world of concert music is a small one; the world of composers even more so.

In the case of the monetarily naive and uneducated, it seems as though the general attitude is that they don’t expect to make much money from their works, and they’re fine with that; but if something eventually happens to come along, surely someone will take care of them. That’s an awfully laissez-faire attitude, don’t you think? “I’m going to write what I write, stick it on a shelf in my apartment, hope somebody performs it (but I won’t go after the royalties if they do), and not try to

But it’s not uncommon. There’s a real squeamishness and embarrassment about monetary gain from art music – very much related to the active sneering at financially successful composers – but turned inward, as if to say, “Who am I to think that my works have some sort of value beyond the purely artistic?” (“I don’t even like to admit that they have artistic value – I wouldn’t want anyone to think that I don’t have the proper humility in the face of my Art.”)