Modest Success Is Still Success For Indie Bands
from the Musicians-Wanted dept
A few months ago, we wrote about the band Pomplamoose for its unique way of making a living by selling its music digitally. The musical duo playfully connected with fans, sold homemade soap, and even encouraged listeners to give goats to charity. More recently, the band has gained more attention and was accepted into YouTube's Musicians Wanted program where YouTube offers a 50/50 ad revenue split with independent artists who use Google's video platform. Pomplamoose fan Joseph Johnson also points us to an interview with the band in which they describe their creative process and talk a bit about how they manage without the backing of a major label:Ms. DAWN: I mean, if you can't just do it all yourself, then you do need help. If, for example, you're somebody who writes songs, like Lady Gaga, and you need everything, you know, that's going to make you Lady Gaga, then you need a big, fat label. But if you're just a band, I don't think we're in an era anymore where you need that sort of major backing.
Pomplamoose admits that the band doesn't cash $10 million royalty checks for its music, but that its two singers make a modest living doing what they enjoy doing. They don't play in clubs too much and haven't gone on tour because it's a lot of work for them to set up live shows. Actually, given the way they record their music videos, they don't really know how to play their own songs in a "normal" linear way without editing and remixing. And interestingly, they seem to be making enough to pay for the mechanical rights for the songs they cover.
Mr. CONTE: ... we make sure that we have all our ducks in a row. We bought mechanical licenses to all of our covers before we put them on iTunes. So it's all legit and legal.So despite criticism that says bands like OK Go have failed and can't make it without a label, the reality is that more bands are able to create more music -- and are getting paid in a variety of different ways. Selling plastic disks isn't the only way to make a living. Touring isn't the only way to make a living. Selling T-shirts isn't the only way to make a living. And Google ads certainly aren't going to save every struggling indie band, either. In fact, there is no silver bullet for how a band can support itself. Simply put, the barrier to become a famous band has dropped considerably, but that doesn't guarantee success -- however, it makes it a lot easier for a much broader array of musicians to try to become professionals doing what they enjoy.
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Filed Under: cwf+rtb, music industry, pomplamoose, successes
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mechanical vs. synch rights
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Re: mechanical vs. synch rights
Um. That's an interesting point about synch rights, but since Pomplamoose is performing covers -- I don't think synch rights apply to them?
However, I'm sure if Youtube covers get more popular... the mechanical rights agreements will become increasingly difficult for indie bands to figure out. It's not even entirely clear how Pomplamoose can claim "it's easy" to buy mechanical rights for the songs they've covered. Is Pomplamoose a non-subscription ad-supported service...?
http://harryfox.com/public/RateCriteria.jsp
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Re: Re: mechanical vs. synch rights
http://en.wikipedia.org/wiki/Royalties#Synchronization_royalties
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Re: Re: mechanical vs. synch rights
In comparison mechanical licenses are very easy. Rightsholders can't prohibit anyone from making audio covers; payments are regulated and can be made through the Harry Fox Agency. But once you have video involved, you're at the mercy of the monopolists.
Finally, "covers" don't matter, since synch licenses are for the compositions. You may be confusing them with "master" or "performance" licenses.
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Re: Re: Re: mechanical vs. synch rights
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This is a GOOD thing; it allows a lot of art to flourish between the enforcement cracks. But yes, the Pomplamoose videos are violating copyright. If copyright were enforced online the way Big Media wants it to be, there would be no Pomplamoose videos.
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Re: Re: Re: Re: Re: mechanical vs. synch rights
Again, ask beforehand to see if you can work out a deal.
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Re: Re: Re: mechanical vs. synch rights
For movies and TV shows, it's best to approach them before you use their songs. If you have already done so and THEN try to cut a synch deal, they may feel they have you over a barrel and will charge you more. In fact, I had a lawyer tell me that was exactly what he did for a client of his. The movie had already been made and they had failed to negotiate a deal with the client for use of the song, so the lawyer charged them more knowing that.
As for YouTube, my impression is that it is handled on a case-by-case basis. People cover other songwriters songs all the time and YouTube does nothing. So I think unless the songwriter tells YouTube to take down the video, it stays. And YouTube actively promotes bands like Pomplamoose that have covered songs and haven't obtained synch rights. (Maybe Pomplamoose HAS obtained synch rights -- I don't know -- but there are other artists who cover songs who haven't.) In fact, covering someone else's song on YouTube is a popular way for an up-and-coming band/artist to get attention because they turn up in searches that way. It's so common that I don't think most people are enforcing synch licenses for most videos.
So, let me say that songwriters are generally easier to work with than you might imagine. If you want to use someone's song in a movie or TV show, ask them. If they want lots of money, talk to someone else who will let you use their music for free. In fact, it is this competitive pressure to get songs on TV/film that has driven down what people are paying. Music supervisors can often get what they need by paying little or no money these days.
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Let's face it, when the 'industry' creates more music these days it's just formulaic mental bubblegum. It's hard to tell the difference between one superstar and another on style alone.
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They seemed to do fine covering other people's music.
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@4 haha
ya ok. THEN YOU get what you deserve.
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This is sneaky ....
Thinking a little outside the box ... this could whittle away at iTunes and the record labels. This could be a golden opportunity for Google.
-Google could allow sales and downloads or free downloads of the mp3's directly from the page the video is on.
-Include a list of all the artists songs available for download and links to them on YouTube and off.
-Plus include an "if you like this you might also like these artists, videos, and mp3's" area.
-Plus include all sorts of pricing options.
-- Free.
-- Flat fee.
-- An Amie Street type auction system that fluctuates up and down.
-- The actual costs for using this in a reMix. (free, percentage, flat fee)
-Include the Fair Use Terms for the Mp3 and Video.
It would be a step up from iTunes. This is one site that the labels couldnt take on using their tried and true sue them as a negotiating tactic.
Oh wait thats part of the business plan I am working on never mind .....
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So sick of 'ironic' covers
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Re: So sick of 'ironic' covers
Indeed.
And yes, ironic hipster covers are beyond stale at this point.
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We are going at it from the live performance of original music angle. Its a hard path especially because the market is so saturated with bands who probably shouldnt be out playing live.
We're really grateful to Pomplamoose for sticking to the studio. Plus they're right setting up shows is a lot of work, so is touring. Fifth Nation has only been off tour for about a month since December and we will be on the road until August, at which point we will be taking a short break, then going back out for more!
check out www.FifthNationMusic.com for more info on our band and a free download!!
Much love, respect and gratitude,
Julia and Music, Fifth Nation
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