New distributors

This past year, I’ve been working toward upping my publishing game. (I’ve got a rant about publishing coming up in another post, so be prepared for that.)

One of the steps I’ve taken toward putting on my Big Boy publishing pants was to get an EIN and a bank account specifically for the Tobenski Music Press. (For those of you following along at home, an EIN is free, and you can get one online; and Spark Business has a great small-business-centric set of online-only accounts that don’t have balance minimums or monthly fees, which is great when your cash flow isn’t huge.)

Another step was to sign on with two distributors: SheetMusicPlus and MusicSpoke. Having my works available in more places means more visibility, and the possibility for more sales (and consequent performances). I have my eye on a few more. J.W. Pepper and Subito both have distribution programs for self-published composers, but both charge a yearly fee to participate (although the fee is waived if the composer meets a certain yearly threshold of sales). I’ve got to weigh the possible benefits against the cost, and for the moment, the cost isn’t very attractive. I’ve also yet to reach out to a few more possibilities who don’t publicly advertise that they distribute self-pubbed works, but with whom I have connections.

The biggest, most time-consuming thing I’ve been doing is to revisit all of my scores with an eye on the engraving. Every score is getting a complete makeover: respelling rhythms, cleaning up compositional artifacts that didn’t get caught in the first editions, simplifying the ways that I notate certain passages, making sure that tempi and dynamics are clear and consistent.

“John Anderson, my jo” original edition
 
“John Anderson, my jo” 2015 edition
 
Every score gets a new cover, front matter (title page, title verso, texts, program notes, and premiere and recording information), and back matter (specifically: a call to action listing similar scores in my catalog).

I’ve also registered as a publisher with the U.S. ISMN Agency at the Library of Congress (h/t to Juliana Hall and her article in IAWM for the info on that). Each new score gets registered there, and the ISMN goes onto the title verso.

Title verso info for And He’ll Be Mine
 
At the moment, I have five pieces out with the distributors – one song cycle, three standalone songs, and a piano piece – and another ten that I’m in the process of proofreading. For composers interested in learning more about the process, you can follow along here as I post more about it, or feel free to email me if you have specific questions. And for composers who are familiar with distributors, etc, I’m interested in learning about your experiences, and am always happy to hear from you via email.


Co-opetition

Co-opetition.

I came across this term recently, and it’s a concept that I really like. A portmanteau of cooperation and competition, it rather perfectly sums up my philosophy on working with other composers: yes, we’re in competition to a certain degree (there are only so many pieces that can be performed on this or that concert, only so many projects get funded through NMUSA, etc), but the nature of our field is such that by working together and pooling our resources, we can create more opportunities for all of us.

It’s for this reason that I love the idea of composer collectives. Ideally, everyone in the collective has something to offer to the group – connections, a special skill set, etc – and each member is responsible to some degree for promoting the group’s interests. By pooling their intellectual, artistic, and financial resources, the collective can put on concerts featuring the music of its members, or they can use those resources to make commercial-quality recordings of their works, amongst other possibilities. An individual might have a difficult time organizing such endeavors on their own – and may find it impossible to come up with the funds -, but a collective can spread the responsibilities and financial burden across its entire membership.

Similarly, I’ve been thinking lately about the idea of composer-run small presses.

A collective of composers could easily found a small publishing company for its members. Each composer could be held responsible for different tasks within the company – tracking sales, marketing, bookkeeping, outreach to performers, proofreading and editing the scores, etc. Whereas a single self-published composer would be responsible for all of these things, and may have a difficult time keeping up, this scenario would allow each member to be more focused on one or two tasks to which they’re well-suited, which ultimately leaves more time for composing.

Off the top of my head, I can see this working in a handful of ways:

1) The composers could pool all of their works in the publishing company, and allow the company to create (essentially) imprints. The imprints could be by composer, where each member has a brand that is a part of the whole, but slightly distinct; or it could be by instrumentation, where vocal music, choral music, chamber music, and large ensemble music are separated out, which could make marketing much easier, since each imprint would be focused on a particular segment of the performing world.

Mock-up for similarly branded imprints in a publisher’s catalog

2) The composers could pool only particular types of their works in the publishing company, retaining publication and distribution rights to the remainder of their catalogs. This allows the publishing company to narrow its focus to a particular market, and would probably be most ideally-suited to choral or band works.

Although I don’t know the inner workings of the group, the Independent Music Publishers Cooperative (imp.coop) seems to operate in a manner similar to the latter form. (Although I think that each composer publishes their own works, and the group acts as more of an umbrella for the sake of publicity and resource-sharing.) The composers in the group all write a significant amount of music for choirs, and they’ve found a way to increase the visibility of their individual members by pooling resources. The group is a fixture at choral conferences – they always have a booth with racks of music, which is much more affordable to manage when everyone pitches in. I saw them in action in 2013 at the national ACDA conference, in Dallas. Everyone took shifts manning the table to handle sales, and at least one of them would be hanging out by the racks, ready to answer questions and offer suggestions based on a director’s needs. Invariably, the composer-on-dutyr would reach for a piece by one of the other members of the group, saying, “You’ll love this one,” or “I think this would be perfect for your group.” The composers look out for one another. As a consequence, they strengthen their bonds to one another, and they add to the stability of their company, which benefits everyone, financially, personally, and artistically.

A small press, of course, would require that the company license the works from the composers, as well as set up royalty rates. While I wouldn’t recommend that the company own the rights to the works that it publishes (as traditional publishers do), it should probably have an exclusive license to publish them for a finite period of time. (Limiting the length of time that the company has exclusive rights allows the composers and the company to re-evaluate royalty rates on a regular basis, as well as whether or not the composer wants to continue to participate in the company and/or collective, amongst other considerations.) Granting the company exclusive rights creates an incentive for the composer to promote the company/collective. A percentage of the profits would stay within the company, and what the individuals “lose” by not receiving the full profit from their score sales, they gain in the ability to present concerts or produce recordings or go to conferences with the collective, which they otherwise might have difficulty doing on their own.

However, co-opetition doesn’t require any formal agreements or formation of a permanent or semi-permanent group to be useful.

Two of my friends, Clint Borzoni and Philip Wharton, recently paired up to put on a concert of their vocal music. Together, they hired musicians, booked a recording engineer, rented a performance space, and promoted the concert. If each had put on a concert of his own music individually, the individual costs would have been much higher, and the risk of not making back the investment would have been a much more significant consideration. But by banding together, Clint and Philip were able to mitigate the risk because each brought their own set of ticket-buying audience members to help offset the costs. Their goal wasn’t to break even, but to put on a concert that they could be proud of, and to have some solid recordings of their vocal works to use. It was a great concert, and a complete success.

I recently started a new feature in my newsletter where I link to a piece by a composer I like: I spend a few sentences telling the people on my list why I like that particular piece or composer, and why I think that they’ll like it, too. The composer may write in a style similar to mine, and we may be “competing” for performances by the same performers, but it doesn’t hurt me to promote their works. Also, since I know my subscribers, I know that they appreciate learning about a new composer or a new piece. It costs me nothing but a few minutes to type up the handful of sentences and link to the audio, but it’s positive for everyone involved.

StoryBundle is a great example of co-opetition in the world of fiction. Each bundle centers around a particular genre, and every author that signs on to be a part of a bundle encourages their mailing list and followers on social media to check it out. The author hopes for sales on the bundle because each sale is earned income for them. Driving their readership to the bundle is partly an act of generosity – readers who buy a bundle get at least five books by other authors, as well, which is a huge win for readers, and it also helps the other authors -, but when all twelve writers drive their lists to the bundle, each writer is seen by the lists of the other eleven, which greatly increases their own visibility. Everyone wins.

Co-opetition is predicated on the idea that “a rising tide lifts all boats”, but with the added benefit of that tide having been generated by the collective efforts of the boats themselves.


A litter of new works

Since the beginning of the year, I’ve had a HUGE spike in my musical output. I finally finished Only Air, then wrote three new choral works and a song cycle.

Part of the reason for the spike was the simple fact that four of the above-mentioned works were commissions and had fast-approaching deadlines. I’m a horrible procrastinator at times, so deadlines are happy things for me. And while I adore Douglas Adams, I try not to ascribe to his philosophy on finishing work: “I love deadlines. I like the whooshing sound they make as they fly by.”

1) The double bar went on Only Air around the 1st of January. In fact, I’m pretty sure it was the 1st of January. Apparently New Year’s Day hangovers can’t stop me from finishing a piece! Over the next month or so, I sought out critiques from friends and mentors, and continued to make some revisions, but the piece was effectively done.

2)After Only Air was finished and engraved, I turned my attention to They Lie at Rest for SATB choir (text by Christina Rossetti), which was commissioned by two choirs in Florida: East Ridge High School Concert Choir in Clermont, FL, and the Lake Minneola High School Choirs. The commission was instigated by East Ridge’s Gretchen Kemp, who’s a former classmate of mine from my Illinois State days, and with whom I sang in various choirs for several years. They Lie at Rest will be premiered on April 24 in Washington, D.C.

One of the fun and interesting parts of writing the piece was walking the schools through the commissioning process. For a lot of musicians, commissioning is something that only ensembles with huge budgets do, and it seems arcane and wildly expensive. It was enlightening for me to see how people outside of the new music world view commissioning. And it was wildly fun explaining the concept of a commissioning consortium and of co-commissioning to a newbie commissioner! (Definitely a reminder that what seems obvious and simple to me can be anything but that to others.)

3)Once They Lie at Rest was emailed to the choirs, I started in on Voices – the companion piece to When Music Sounds, which was premiered in December by the Illinois State University Madrigal Singers. I think I wrote the piece in three sittings. But when I got it into Sibelius, I realized that I didn’t quite like the ending. Unfortunately, I didn’t have time to fix it right away because I had another deadline racing nearer and nearer.

4)In late December, I submitted some works to be considered for a commission by Providence Premieres, a new concert series in Providence, RI, and somehow I was awarded one of the commissions for the inaugural concert in April! This is actually the first time I’ve gotten something – other than residencies at artist colonies – that I’ve applied for. The commission was for a 7-9 minute piece using some combination of soprano, violin, and harp. I, of course, chose to use all three instruments.

For my texts, I chose three short poems by Elizabeth Morgan, who I met in 2009 at the Virginia Center for the Creative Arts. I was completely charmed by her reading one evening at the VCCA of her poem “Poetry Reading”, and ordered two of her books of poetry as soon as I got home, after whose arrival I fell in love with “Email from Odessa” from On Long Mountain. This cycle doesn’t use either text; instead it makes use of three contemplative poems that are, on the surface at least, about animals and insects: “Like Young Men”, “Gnat Facts on NPR”, and “Without a Philosophy”. The cycle, which takes its title from the last poem, clocks in around 10 minutes.

The crazy thing about the cycle (aside from my brief reference to The Orlons’ “Wah Watusi”) is that it was written and engraved, parts were extracted and formatted, and everything was sent off within 10 days of putting pencil to paper – while also holding down a full-time day job. (Yes, I sketch on paper first!) A few weeks later, and my head is still spinning from the frenzy of writing!

After finishing Without a Philosophy, I had a few days of relative down time before I packed my bags and ran off to Dallas for 5 days to be a little social butterfly at the American Choral Directors Association’s national conference. I’d never been to an ACDA conference before, so the whole experience was new and exciting. Aside from some travel difficulties getting to Dallas and the need for a better map of the area, it was a great time and I met some really great directors, as well as spent quality time with a few friends. I also learned quite a lot about some holes in the repertoire, as well as cemented some thoughts on a new business model I’ll be trying out with some other composers later this year.

After Dallas, I revisited Voices and finally got the ending right. And I banged out the parts to Only Air and sent them off so that rehearsals could start.

Blah blah blah, I quit my day job to go full-time freelance, blah blah, more on that later.

5)And this past weekend while staying with Darien and his parents at their house in Montauk, I composed a new 4 1/2 minute piece for SSA choir and piano – Sunset: St. Louis, text by Sara Teasdale. The intention was to send it off to a competition (with fantastic terms and no entry fee, mind you), but it turns out that when I printed out the guidelines, they hadn’t been updated for this year’s voicing, which was mixed choir – SSA was last year! Regardless, I now know that not only can I write a 10 minute song cycle in 10 days, but I can also write and fully engrave a 4 1/2 minute choral piece in just under 32 hours!

And since I can’t enter the piece into the competition, I’ve made it available on NewMusicShelf with a 40% discount through the 13th. So if you or a director you know with a women’s/treble choir are looking for some new material, send ’em over here and tell ’em to use the code STLOUIS.


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.]

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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.

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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: Passive Income

OK, so I should be getting back onto a semi-regular updating schedule here. The past two months have been filled with travel, yearly audit prep at the day job, apartment hunting, and moving, all of which are horribly un-conducive to writing or composing. But such is the way of life – we take these things in stride and get back onto our schedules when the dust starts to settle. In the meantime, I’ve been sketching out a handful of posts on a wide variety of topics, so I should be able to power through a few essays in the next few weeks so that the Guide can get back into full swing.

One of the topics on my mind lately has been streams of income – particularly passive income. So let’s talk about money this week, shall we?

Before we talk about passive income, though, let me define active income: Active income is any source of revenue earned through personal effort – wages, salaries, tips, etc. Commissioning fees are active income, as are any fees or pay we receive from performing, speaking, teaching, copying/engraving, etc. The bulk of our income as composers will be active, and these are the sorts of things that we’ll always be seeking out.

Passive income, on the other hand, is any regular or semi-regular income that requires little to no effort to maintain. This includes royalties and licensing fees. And for our purposes, I’m going to lump in score and recording sales because our profits from these are traditionally regarded as royalties.

Now, while passive income will likely be much less than active income, it shouldn’t be ignored for a number of reasons. One is the simple fact that passive income is INCOME. Why pass up the opportunity to have money come to you without having to work hard for it just because the money you have to put out effort for is greater? For this reason alone, I think that ignoring passive income is silly. By making your scores (and hopefully professional-quality recordings, as well) available for sale, you’re giving yourself the opportunity to bring in revenue that you really don’t have to work for. Sure, you may have to mail out the scores themselves, but compared to the effort that goes into writing a piece of music or rehearsing for a performance, sticking a score in an envelope and walking it to the post office is nothing! At the very least, the effort is commensurate with the amount of money you’ll earn for each sale.

Also, each sale you make will likely lead to additional passive income.

For example, when you sell a score, it’s entirely probable that the person buying it intends to perform the piece. And with performances come what? If you said royalties, you’ve been paying attention. Gold star! More income you didn’t have to work for. At all. You sat back while someone else did all the work of buying the score (which you got paid for), learning and rehearsing the piece, and getting up on stage in front of who-knows-how-many people and performing it. Then nine months later, ASCAP or BMI wrote you a check. All because you made your score available for sale and took the few minutes to address an envelope, slap a stamp on it, and pop it in the mailbox. Or maybe your scores – like mine – are available digitally, so you just checked your email, saw you had a sale, and moved your earnings from PayPal to your bank account. (An ING reasonably-high-yield savings account with pretty damned good interest rates. Oh noes! My little moneys are making more moneys!) Such herculean effort!

Up-front effort
OK, I’ll admit that passive income isn’t completely effortless. You have to put in some effort on the front end to make sure that you can earn it.

With physical scores, you have to engrave the score and either have copies on hand or be prepared to have the scores printed and bound on demand. But because you’re a professional (or working to become one), your scores are nicely engraved to begin with, and you’ve done the minor research you need to do to find a printer in your area that can service your needs. Since I just moved, I need to find a new print shop, or start farming it out to Limes or Subito or another company that’s been actively courting me for a few months now via Twitter. (If y’all are reading this – I haven’t forgotten about you!) Then you create a simple page on your (up-to-date) website letting people know how they can purchase your scores. You can even set up simple PayPal buttons that process payment automatically and collect shipping information that is emailed to you within nanoseconds of the sale being made. (This is almost obscenely easy to do, by the way.)

With recordings, of course there’s the effort and expense of the actual recording (provided that you’re the one bankrolling the project, as in my own planned series of recordings), plus cover design, packaging, etc. But that’s the expense of making the recording. Making it available for sale is as simple as setting up an account with CDBaby and letting them set you up with iTunes and Amazon. Click click, tippity-type, submit: done.

And with digital scores or recordings, you need to either set up a store-front or find an online retailer who fits your needs (for recordings, see my CDBaby comment, like, one sentence ago). Creating your own storefront, admittedly, can be time-consuming, though it’s getting easier and easier with all of the open source options out there. I’m a relentless DIY-er, and found the process incredibly rewarding and worthwhile. And how nice that I don’t have to give a cut of my sales to anybody but PayPal?

But once these initial setup steps are done, they’re done! Your works are out there. You’re not guaranteed any sales, but at least you have the option now. The only guarantee is that if your scores aren’t available, you won’t make any sales at all.

Leverage
I think one of the biggest reasons to pursue passive income streams is the fact that they can be leveraged to create active income. At the very least, they lead to additional passive income, as in the royalty scenario. Or, if you have multiple recordings, a person who likes one recording of yours may buy another, and may continue to buy any subsequent recordings that you put out.

And also: In my experience, the purchase of a score and subsequent performance of the piece has a significant chance of leading to a commission of some sort.

My song cycle at least a moment was commissioned by a harpist who had discovered Starfish at Pescadero through a Google search while looking for a piece with instrumentation similar to George Crumb’s Madrigals, Book III. After requesting to buy a copy of the score, she performed Starfish, and immediately after the performance commissioned at least a moment. There was even talk of a companion piece, which I may still write because a) I want to, and b) I have the text setting permissions, so why waste them!?

Recordings, too, can be leveraged to create performances, score sales, additional recording sales, and even commissions. I leave it to your capable imaginations to come up with examples of how a person listening to a recording of your music can lead to additional passive or active income.

Speaking of passive income: see that “Donate” button down there? Be a dear and click that 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: Print vs. Digital

Print vs. digital. Print scores or digital scores?

Of course, it’s not a question of either/or. But how can a nearly-thirty-year-old (!) American raised on the evening news not open with a sensationalistic and misleading pseudo-question?

A business-savvy composer with her eye on the changes taking place within the industry will see that print and digital scores are a logical complement to one another. Print scores continue to fulfill the needs of and carry on tradition, while digital scores offer more immediate access for a generation of musicians steeped in technology, and that embraces the digital revolution of the 21st century.

While few composers neglect the print side of the business in favor of digital scores (although I must confess that my efforts are generally – and obviously – more geared toward digital, and I would be a bit better served if I found more of a balance between the two), most have yet to hop on the digital bandwagon, as it were.

I think that there are a few reasons why the digitization of scores is still in its infancy.

For one, I think that people forget that they have some wonderful technology at their disposal that wasn’t there a few years ago, which can help them to accomplish so much. The ability to create PDFs – and when I speak about digital scores, I’m speaking primarily of scores and parts in PDF format – has come a long way in the last few years. The Open Software movement has offered a number of PDF creation tools that are remarkably sophisticated, while proprietary products with full technical support like Adobe Acrobat have become infinitely more affordable.

Why do I automatically speak of digital scores as being in PDF format? Simple: accessibility.

Everyone has full and free access to Adobe Reader (do people use other PDF reading software other than maybe Google Docs?). Very few non-composers own Sibelius or Finale or Score or whatever notation software you may use to create your beautifully-engraved scores. Consequently, to offer scores in one of these formats as opposed to as a PDF strikes me as self-defeating.

Digital Springs from Print
In my creating my own scores, I prepare my files to be printed in one fell swoop – everything in one file, which gets uploaded to my Dropbox account. That way, when I need a bound copy of one of my scores, I just email it off to the printer. No muss, no fuss. My files are formatted to be printer-friendly so that they’re always ready, and require as little effort to print as possible.

In the process of putting my print score together, of course, I’ve generated a full digital score, including the cover and everything else that needs to go inside. Ensemble X is hosting a competition with electronic submission? I’m already prepared. Performer Y has a call for scores out? Point, click, send.

So, in preparing my print version, I’ve coincidentally created the digital version, as well. And the whole process could hardly be easier.

My process, in brief, is this:

1) I create my score in Sibelius
2) I create my cover, notes, texts, etc in either Microsoft Word or OpenOffice (depending on my mood that day)
3) I print my score to a PDF using Adobe Acrobat Professional (any PDF creator worth its salt will come with a printer driver that is installed automatically, allowing you to “print to PDF”)
4) I print my cover, notes, etc to one or several PDF files, depending on whether or not I’ve created them in one or several documents
5) I use Adobe Professional to append the files to one another (Document -> Insert Pages, if you’re wondering), creating a single PDF file.

And voilà! A full digital score!

Let me offer as an example this song I wrote in 2009, To a Western Boy: tobenski-t82-v2009-3pdf.pdf

The cover was created in Microsoft Word, the score itself in Sibelius, and the back page (a “stock” page that goes at the back of every score, and which I have always available) also in Word. All were printed as PDFs, then aggregated to a single document and saved. Because the song is so short, I decided to forego any additional pages in the score so that it could be printed on a single 11″x17″ page and folded, like many older short songs from legacy publishers were printed on a single 12″x18″ page.

It’s simple and economical – any additional pages would complicate the matter too much. Were I to add any more, I would have to either add two pages’ worth of material, which would necessitate the buyer to print on one sheet of 11×17 and one page of 8.5×11 (or, more simply – three sheets of 8.5×11), or a whole four pages’ worth, which would be a silly waste of space and of paper.

Digital Concerns
As the founder of NewMusicShelf.com, I spend a lot of time pushing people to take the digital leap, and consequently talking people off the ledge when it comes to their concerns about sending digital copies of their works out into the world.

Concern number one is the big topic that has been highly visible in art-business circles: piracy.

I’ve already written a big post on DRM and Piracy here, so I’ll just give the salient points with a little new elaboration.

Piracy, for the most part, stems from a demand for a work that is either unavailable or priced beyond the means of the people who want it. A thirteen-episode series of Doctor Who (squee!), last I checked, retails for around $50 (when I first started searching, they were $99 apiece), which is a lot more than this sci-fi dork can reasonably afford for something like a DVD box set. I adore the show, and would love to own it, but it’s too expensive for me. A lot of people are in the same boat. Consequently, all six series of the new Doctor Who ($300 in all, plus tax) are particularly popular on various file sharing sites.

The hundreds (probably thousands) of wannabe Companions would happily buy the whole thing to watch over and over and over if the DVDs were only more reasonably priced.

And therein lies lesson number one about piracy: piracy can be combated with affordable pricing. Just think about how many scores you yourself would buy – and not photocopy from the library (just admit that you do it) – if they weren’t so prohibitively priced!

Another television example (since that’s where a lot of piracy is happening): Game of Thrones (god, I’m just putting my nerdiness on display here, aren’t I?) was almost impossible to get for months after it finished airing. The DVD set wasn’t due out for months, and streaming versions were only available by buying or upgrading your cable package. In fact, there’s a great dissection of the whole scenario here – check that out for a wonderfully pithy (and swear-tastic) explanation. Piracy, in this case, was just about the only option for many people (fortunately, I’m blessed with a boyfriend whose parents had an HBOGo account just lying around unused).

And that’s lesson number two: piracy can be combated by making your product available and easily accessible. Fighting piracy with scarcity – by removing the product from the market, or making it prohibitively difficult to obtain, or by putting the release date off for an obscene amount of time – only encourages piracy.

And so it is with your scores. If you’re afraid people will share your scores without paying for them, then make it easier to get them and easier to afford them. Don’t undervalue yourself, but don’t insult the people who want to buy your scores.

The corollary to all of this is lesson number three: the artist’s enemy is not piracy, it is obscurity. Which problem would you rather have? People want your music so badly that they’ll resort to piracy (which we know you can combat), or people don’t know where to find your music/can’t afford it, so no one bothers to perform it? I think we both know the answer here.

Another concern I’ve encountered has to do with page size. For those composers who insist on adhering to the traditions of using outsized paper, digital scores are a bit harder to justify. Either there needs to be a big neon sign attached to every digital score that uses odd-sized paper in order to warn the buyer of what they’re getting, or a second version of the score needs to be made to accommodate regular sized paper. (Scaling is maybe an option here, but then the size of the printed music can be a little too small.) I don’t quite have an answer to this one yet – while I format my scores to 8.5″x11″, I understand the allure of slightly larger pages: they really can be nice. I welcome input on this point – how do you reconcile the issue?

A third concern that I’m going to acknowledge here, but tackle in a few weeks, is how to sell the digital score. How does a composer go about putting his digital scores out there, collecting payment, and delivering the files in a way that doesn’t require constant attention? We all know I’ve got solutions to this one, so I’ll address it when we get to distribution.

So Why Digital?
To the question “Why should I embrace digital?” I can really only respond, “Why not?”

You’ve already got the files ready to go.

Also, the overhead of selling digital scores is almost nil. Print scores come with the costs of printing/binding/postage – a necessary part of doing print business. But digital scores come only with the time cost of creating the files, which you already have to create the print version. After that, your investment is over – there are no losses to recoup. The only money you may “lose” would be the fees that PayPal or Google Checkout or whatever your payment solution of choice charges per transaction, or in the cases of NewMusicShelf and similar services, the distribution fee the business deducts per sale.

Digital scores can, consequently, be offered at a lower price than the print score because there are no print costs involved. (I think that offering digital copies at the same price as print copies is counterproductive and silly – as major book publishers do with ebooks and their print counterparts.) And despite any discount you may offer for ecopies, your profit margin is probably higher, depending on how steep of a discount you offer. In other words: less work and higher return.

In the end, I think that print and digital sales complement one another very well: print accommodates those who appreciate the Score-as-Object, and digital accommodates those who are happy to save some money and print the score themselves.

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: Score Design

Let’s take a brief break from talk about finances, and discuss something slightly more aesthetic this week, shall we?

One of my major hobby horses is the quality of engraving in a score, which I’ve written about before, and I’ll write about again in more depth in the coming weeks. This week, I’d like to take a slightly wider view, and talk about the quality of a score as a whole.

For those of you who have bravely (and smartly) decided to publish your own works, you’ll do well to view your scores as a whole product comprised of several key elements: the engraved music, the physical materials, the visual design, and the non-score inside matter.

Engraving
The score itself, obviously, should be well-engraved. The purpose of your score is to communicate to performers what you want them to play, and when and how you want them to play it. Proper, clear engraving facilitates that communication, and offers a clarity of expression that a messy or unclear score couldn’t possibly hope to attain.

While some see engraving as drudgery that takes time away from the creation of actual music, I’ve come to view it as a highly artistic part of my process. By making sure that my scores have proper spacing between notes and staves and systems; by avoiding collisions between slurs, accidentals, noteheads, etc; and by making sure that my dynamic and expressive markings are clear and well-placed, I know that I’m allowing the performer to exercise her own artistry much earlier in the rehearsal process, making for a much freer and more intimate and personal performance. She doesn’t have to wonder, “What does he mean here,” or, “How loud should I be,” or “Wait, is that a mistake?” Instead, the score tells her clearly what I want – without being too fussy, of course – so that she can get to the part where she starts interpreting and being expressive much sooner.

My engraving certainly isn’t perfect, but I know from experience that performers appreciate a well-notated score with as few collisions and as much clarity as possible. Cleanliness, as they say, is next to godliness!

For those who still see engraving as drudgery – it’s not just page turns and collision avoidance. Spacement and placing can have a huge psychological impact on a performer. Take, for example, this phrase from one of my pieces, Starfish at Pescadero, which more and more I feel the need to revisit, engraving-wise:

Although I’m fairly clear about tempo, the performance of this particular phrase is always WAAAY too fast because of the notational choices I’ve made. The sixteenth notes (consistent with the rest of the fast-paced movement) and the tight spacing always conspire to make the soprano think that the line should be sung very quickly. When I do finally make the time to correct this page, I’ll at the very least double the note values, and put each measure on its own line to give the notes and text more room to breathe.

As a performer, I’m no stranger to the value of a score whose visual aesthetic matches the musical aesthetic. I, too, have rushed through passages that were too tightly-spaced, been tense and white-knuckled through scores fraught with collisions and poor spacing, and just plain scratched my head at unclear notational choices. In one piece I performed last year, I always – ALWAYS – railroaded through major a tempo change because it happened a) across a page turn (ouch), and b) without a double-bar (sin of sins!). It’s these considerations that allow us to communicate better with our performers, and to flex our visual artistry muscles.

To tie in briefly with last week’s discussion of paper size and the idea that “My dear, it simply isn’t done,” I’d like to say that I have no intention of bucking the entire system. I think that – for traditionally notated music, which mine is – certain traditions and “standards” are there because they work. Engraving is one of those areas where I think that tradition has it (at the very least mostly) right. Engraving standards are standard because they work, and because they communicate effectively within the strange, temporally-notated world that is concert music.

Not everyone works within the standard style of notation, of course. Some modern concert works can’t be notated within the standard tradition of music engraving. In which case, I exhort the composers, still: be clear in what you want. However you notate it, notate it clearly and in a way that (should your music not absolutely necessitate your being a part of it always and for all time) communicates more or less precisely what you want.

OK, we’ll come back to engraving in MUCH more depth later, of that there is little doubt. I have examples and examples and examples of weird engraving that made my brain seize up, melt, and start dribbling out one or both of my ears, as well as a list a mile long of Recommended Reading for those wanting to learn more about the art and craft of engraving.

Materials
Two subtle considerations that can make a HUGE difference in printed scores are paper quality and binding style.

Using regular, 20 lb. bond paper for scores isn’t awful. But using a slightly nicer grade of paper can bespeak a certain level of care and professionalism. So, too, can a nicer style of binding lend a greater air of authority to your works. We all grew up with traditionally published scores, and the paper weight and quality are much higher than what’s used to run off copies at Kinko’s.

In my experience as a performer and as a producer of a concert series, I’ve seen a lot – and I mean a LOT – of scores with comb binding. While I know that a lot of composers swear by comb binding, I’m generally a little…offended by it. It’s noisy to turn pages with, multiple comb-bound scores don’t play nice with one another on a shelf or in a pile, and it’s obviously the cheapest option available at Kinko’s.

If I have to do a fast-and-dirty binding for a last-minute submission to a competition or call for scores (of which I’m never guilty…</sarcasm>), I prefer coil binding, which I know isn’t always available at some print shops (read: my favorite one). It’s just a little more…elegant…than the other cheap options.

Generally, though, I prefer saddle stitch binding for scores that aren’t a billion pages. It conforms nicely to standards for professionally published scores, and is remarkably inexpensive. It does, however, require that the number of pages in your score be divisible by four (think of 11×17 paper folded in half, and you can see why). For large scores, and scores that absolutely must lat flat, saddle stitching isn’t the way to go – a comb or coil really is right for that if you can’t manage the happiest of all binding styles: perfect binding. I’ll be experimenting with perfect binding as soon as I finish enough songs to complete my Songbook project, the cover of which you’ll see below.

Now, using nicer paper and a more elegant binding style can add a bit to the cost of each printed score (one reason not to go crazy with the super nice papers). These aren’t costs that you should eat, if you decide to go this route – instead, the costs should be accounted for in the way you price your scores. Until I re-attack the issue of pricing, see this post from last year on practical pricing: http://dennistobenski.com/news/2011/08/22/pricing-a-practical-approach/

You should also always use the best printer at your disposal. Scores printed on inkjet printers are nowhere near as crisp and neat as laser printed scores. And while those printers at Kinko’s and Staples are laser printers, they’re not always the best-taken-care-of, and can leave streaks and smudges that undermine your efforts at quality. Best to head to a good print shop, where they really know their craft, and can help you find exactly the right materials for your score. The crispness of the printing, while subtle, sends a subtle but clear message that you’re using the right equipment for the job.

These small considerations can make a real difference in the perception of your scores: they show an attention to detail and a thoughtfulness that lend greater authority to your scores, as well as show a higher level of professionalism.

Cover and Visual Design
“You can’t judge a book by its cover,” the saying goes, though we all know that’s complete and utter crap.

OF COURSE you judge a book by it’s cover! Why else would it have one?!

Similarly, scores get judged by their covers. Maybe rather less so than books, but that’s probably because the general cover design for published scores leaves quite a lot to be desired.

For good or for bad, legacy published scores have a particular look to them that inform the whole industry. If I say “Boosey & Hawkes”, you can conjure up the few major looks they’ve had in the past few decades: plain, marbled, or solid colors – with a schmancy treble clef. “Universal Edition?” Black and white. “G. Schirmer?” YELLLOOOOOWWW!! (and green).

Each publisher has created a visual brand that we associate with them.

You, too, should consider the idea of a visual brand when creating your scores.

I’m just guessing, but half of you probably just thought “Visual Design?!” and your brains exploded with delight. The other half thought “Visual Design?!” and your brains exploded in fear and dread. For the happy ones, hold on a second – we’ll get to you. For the ones cowering the corner, rocking back and forth in abject terror, take a breath, and remember that you don’t have to do it all yourself. Really.

We all have friends who have skill sets outside of our own, and those friends are probably willing to lend us a hand (especially if we float a bit of cash or a few drinks or a dinner or two in their direction – whatever you workout between yourselves). One composer on the NewMusicShelf has a friend who happens to be a painter, and he licenses photos of various of his friend’s paintings to be the cover art for his scores. They look really nice, and they lend a unique look to his scores that mark them as being from the same person.

For those of you running off in search of pencil and paper to start designing your new look, hang back a second.

Composers, in my experience, generally have a pretty horrible sense of visual aesthetics. Not all, certainly, but a significant number. When I started designing websites, the vast majority of composer sites were a total mess – especially those designed by the composers themselves. Consequently, I always advise…not so much caution as…care…when approaching a visual project like web design (which I’ll obviously be delving into pretty majorly later on) and score design. Care, and a few extra sets of eyes. It’s really easy to get so wrapped up in the giddy-making little details that we forget to take a step back to make sure what we’re doing is actually…good. So showing drafts of the work to someone else – or a few someones else – can be really beneficial.

With score design, as with site design, I always say recommend limiting the number of fonts you use, and limit them to those that are easily readable. I’ve been privy to conversations in which composers obsess over the fonts they want to shoehorn onto the cover of their latest score. “This one’s gonna be goofy, that ones’s gonna be art deco, that one’s gonna be…” horrid – a visual nightmare. For my own scores, I’ve worked to limit the number of fonts I use across the board – I have a small handful that I’ve selected as my pool of basic fonts.

Here are a few examples of my covers:

All of my score covers are based on these layouts, and generally use these fonts. As I continue to refine my visual brand, I expect to move more to this design, and similar even-more-consolidated looks:

And for inside matter – program notes, texts, instrumentation – I use a mix of standard fonts and those fonts I use on the covers. Compare these texts pages to the cover from echoes, where they’re from:

Note the continued use of the typewriter font as a highlight for small pieces of important information. The poems, for the sake of readability, are clear, reasonably common fonts – this information needs to be straight-forward and absolutely readable, not cute or clever or particularly visually interesting.

(A small design note, but one I’m kind of proud of: compare the two-word lineation of the poem “perfect” to the description of the cycle on the cover and the dedication.)

I really recommend using a consistent look or set of looks across all your scores. In other words, start to create a visual brand. My earliest visual branding, as seen in the covers for Elegy and My True Love hath My Heart, emphasized clarity over all else, and is, frankly, a little boring, which is why I’m in the process of moving toward the look of the Songbook – it incorporates the color scheme of my website, which creates an added layer of recognizability, and uses the typewriter font that is increasingly among my favorites.

Inside Matter
The non-score inside matter is just as important to a performer or ensemble as the music itself – it’s where you put your texts, list full instrumentation, map your percussion instruments (I’ve been yelled at a few times for leaving this one out), put your table of contents for collections of pieces, or give notes on whatever nit-picky notational devices that composers are known for using.

In addition to texts, instrumentation, and percussion mapping (where appropriate), I like to have a page for premiere and commissioner information – it’s a nice way to acknowledge the people who helped usher the piece into the world. Credit where credit is due. And loving appreciation.

Also, because of the divisible-by-four requirement of saddle-stitched scores, I often have an extra few pages at the end of a score that I feel weird about leaving blank, so I’ve taken to filling those pages with advertising for other scores. At the back of my Duo for Violin and Piano, I had two leftover pages facing one another, so I turned the left-hand page into “Additional Works by Dennis Tobenski” that are instrumentally related to the Duo, and the right-hand page advertises scores by other composers. (This latter bit is something I want to expand on when I get to marketing your works, so take note of it now, and think on how it benefits you, your colleagues, and the field of new music in general.)

The inside matter is a great opportunity to draw performers deeper into your music. If you have the room, put in a detailed program note that talks about the genesis of the piece, what musical and extra-musical ideas inspired it, or any particular points in the piece that you find interesting or noteworthy. Having these insights into the piece – and into you – can be a selling point for the score, or can trigger a connection with performers (and listeners, if these notes are available in the program at performances) that draws them further into your work. And that’s what this is all about, isn’t it? Connecting?

What have I missed? What have I short-changed? What interesting things do you put in your scores?

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 3

Welcome to part three of our discussion of copyright. This week I’d like to cover the topics of public domain, the doctrine of first sale, and at least get a start on fair use.

First, however, I’d like to make an addendum to last week’s chapter on the benefits of copyright registration. It was pointed out in an excellent comment that I had overlooked an important point, which I’d like to address here.

What I overlooked last week was the fact that the most common type of infringement that a concert music composer today will have to face (any file sharing aside) is an unauthorized use of a recording of the composer’s work by a dance company or non-profit organization, or an unlicensed live performance. Small-potatoes-style infringement.

The most effective way to deal with such a situation – in my opinion – is merely an email or letter from you stating the issue and offering a solution. These types of situations are born out of an appreciation for your work, and most likely an ignorance of the company’s/organization’s obligations when it comes to using copyrighted material. The commenter suggests – and I wholeheartedly agree – that you request a retroactive licensing fee.

Your letter should be polite, yet clear. Explain why you’re writing, be direct, but don’t be an ass. If you keep in mind that these people liked your music enough to use it – quite the compliment! – and that they should be treated with respect as your artistic colleagues (and just as people), you’ll do yourself a service.

Lawyering up in this instance is not only overkill, but likely to earn you a poor reputation in the community. Nobody wants to be known as That Composer Who Sued The Small Dance Company Because They Used His Music Once And Didn’t Make Any Money Anyway.

Unlicensed performances are also best handled by your Performing Rights Organization. Each PRO has a reporting system in place for performances so that there’s a greater likelihood that they will be properly licensed, even after the fact.

Always, always, always act in good faith.

Public Domain
So what happens to works when their copyright term is up? Provided that their term isn’t extended by changes in the law (another discussion for another day), they go into the public domain. The expiration of copyright is – like the existence of copyright itself – intended to “promote the Progress” of the arts. If copyright were indefinite, we wouldn’t have nearly the access to works and scientific writings and findings that we do now. Our artistic and scientific advancement would be seriously curtailed.

It’s public domain that allows us to use poems by Shakespeare or Whitman or Dickinson in our vocal and choral works without having to pay licensing fees or royalties. Because the copyright term on those works has expired, other artists are free to make use of them without compensating the artist (most likely long dead) or his/her estate.

Personally, I prefer working with living poets when I set a text, but there are projects for which I feel that it’s more appropriate – or just plain easier – to use a text in the public domain. All of my choral works use public domain texts, but the bulk of my art songs are on poems by living poets. I have both artistic and financial reasons for this dichotomy. For one in-progress, temporarily-stalled project, I’ve chosen to set 24 public domain texts and collect them into a single album of songs; by setting only public domain texts, I remove any question of what portion of royalties are due to this poet or that out of the sale of the collection. However, I find great artistic satisfaction in setting texts by poets I know, as well as bringing their poetry to a wider audience. Plus, I just really like the idea of helping my friends to earn additional royalties from their works. Big warm fuzzy.

As I mentioned last week, it’s not always easy to know when a work is in the public domain. As a rule, it’s usually – though not always – safe to assume that something written before 1923 is in the public domain. After that point, things start to get more complicated depending on where it was published, whether it was published with or without a copyright notice, and if it complies with various and sundry U.S. Copyright formalities (this last one applies mostly to older works published outside of the U.S.). Here’s an interesting resource from Cornell University’s Copyright Information Center that makes things a little clearer: http://copyright.cornell.edu/resources/publicdomain.cfm

So what happens if you think something is in the public domain, use it, then subsequently learn that it isn’t? Surprisingly, I’m actually dealing with such a situation at this very moment!

A few years ago, I wrote a choral piece believing that the text was completely in the public domain. It turns out that the version of the poem I used was an adaptation of the original by another (living) composer for one of his operas. I hadn’t registered the work either with the Copyright Office or ASCAP, so I haven’t earned any royalties on the piece, and have no registrations to amend. The change from the original is very, very minor (substituting one proper name for another). I could conceivably change the name back to the original, but I rather hate the original. Or, I could find another name to substitute. (Tried it – really hard after becoming so accustomed to it. And I chose the poem partly because I liked the name so much!)

I’ve opted for a third route: I’ve emailed the composer, asking his permission to use the text as I currently have it in the score. And when I say “I’ve emailed the composer,” I mean that I’ve only just emailed him, so I haven’t yet had the chance to receive a response. I’ll be sure to keep you all informed of the progress of the situation, hoping, of course, that this will be an excellent example of the power of writing a friendly, straightforward message that addresses the issue and offers an equitable solution.

Doctrine of First Sale
There are a number of names for the doctrine of first sale: “first sale rule”, “exhaustion rule”, “right of first sale”. So what is it, and how does it affect you?

The first sale rule allows the purchaser of a CD or score (or other individual copy of a copyrighted work) to either sell or lend that copy to another person. So, if you buy the score of a string quartet, you can then resell it. You can also lend it to another person.

You can’t, however, make a copy of it to sell, or to keep when you sell the original. Any copy you may make is, of course, an illegal copy.

It also, in the case of scores/parts (although not CDs or other “phonorecords“), allows the original purchaser to rent his copy to others.

So.

I buy a copy of the score to your most popular piano piece. A pianist I know wants to perform it, but can’t afford to buy it. So (because in this example I’m a bit of a dick), I rent it to him at a lower cost than if he were to buy it. I’ve just – legally – made a profit off of your copyrighted work. I’ve probably not made much, but it’s profit that you’re not legally entitled to. Not a huge deal in the long run, but there are instances when the first sale rule can start to chafe for some. (I’m not entirely sure that I mind this whole thing, but it’s absolutely worth knowing about.)

For example, Choir X buys 60 copies of one of your choral pieces so that they can perform it. A month later, Choir Y wants to perform it as well, so, rather than pay to buy it from you or your publisher, they rent it from Choir X instead. Choir X can rent your piece out to choir after choir, keeping you out of the income loop, and it’s completely within their right to do so. This is a fairly common occurrence, although it seems that more choirs are attempting to buy scores rather than rent them (I’d love to get some statistics on this, or at least feedback from choral staff). It’s also not unheard of in the concert band world. Orchestras do it less because they tend to rent their scores and parts directly from the publisher, and usually don’t buy.

And there’s the interesting point in all of this.

If you fear that copies of your scores will be rented out, and that your sales will suffer for it, your recourse is simply to not sell your scores/parts, but to rent them. Then, the terms of your rental agreement can prohibit the renter from sub-renting to other ensembles. Should you forget that particular provision, then be content in the knowledge that the renter would most likely have to sub-rent the piece at a higher rate than you are charging in order to make the whole thing worth their while, at which point it’s no longer worth the while of the sub-renter, because they can get it cheaper directly from you.

Also a possibility, is the idea of “permanent loan”, which I’ll cover in subsequent chapters on rental agreements.

In terms of practicality, I find the doctrine of first sale to be more academic than useful. But I know that there are composers who do worry about it. There are a lot of factors involved here in the sell vs. rent argument, and, like I said, I’ll cover it in later chapters.

Fair Use
Here’s a biggie. And I surely won’t be able to cover everything in this chapter. So: a quick overview.

Fair use was implemented in order to allow for discussion of copyrighted works, and to further – here’s that phrase again – “promote the Progress” yadda yadda yadda. How is science to further itself if one scientist refuting another’s published claim can’t quote the original in his own paper? How can a book or play be criticized, studied, reviewed, if the original text can’t be quoted? Imagine a TV news story reporting on a concert or musical or gallery opening that couldn’t display any portion of the event in the report – what would be the point?

There are also a LOT of misconceptions about what constitutes the fair use of a copyrighted work: educational use is always fair use; the 15-second limit; the 300-word limit; use by non-profits; the use is non-commercial; etc. There are a lot of instances when the use of some portion of a work is fair use. There are even more that are fuzzy.

My own personal opinion is: when in doubt, ask permission.

That said: it’s late, I’m nearing my 2000 word limit, and I have a mysteriously limping kitten that needs some love.

So let’s meet back here next week to talk in much greater detail on fair use. The week after, we’ll wrap up copyright with a discussion of Copyleft, and then we’ll move on to new territory.

So: what are your thoughts on using public domain texts, tunes, etc in y our work as opposed to more contemporary stuff? Do you have a preference? Let me know in the comments!

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 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!