Contract Negotiations w/Mally The Martian

An Interview with Mally The Martian, Never Stop Dreaming/Street Family

Recording Artist/Producer/Song Writer

Victor: What are some misconceptions artist have about contracts?

Mally: A lot of indie artists think that once they’ve singed a contract, they’re on because they’ve signed some paperwork. If you’re not educated on terms and clauses, and what the words truly mean, you could be signing your life away.

Victor: Where do people make mistakes?

Mally: Local cats (artists) are so eager to sign a contract that they’ll sign anything because somebody promised them this and that. You’ll be in the paperwork and even if you and that person ain’t been working for two years, you get another situation and you have to pay that person off just to get out of that contract you initially signed. If you’re not educated, contracting can be nasty. The biggest mistake artists make are signing their life away and not realizing that a contract is negotiable. Negotiation is for all parties to come to an agreement on terms. Cats (artists) be so thirsty for a little bit of money or bragging rights, just to run back and tell everybody they just signed a contract; not even knowing what they just signed. That’s why there’s entertainment lawyers and people specializing in intellectual property because they know verbiage and the language.

Victor: Would you advise people to always have a lawyer to assist them with their music?

Mally: Yeah, definitely retain a lawyer or however you do it. Put them on a percentage or whatever because a lawyer will help you in those situations. You have to pay what you weigh and pay people who have an expertise to help you in those types of situations.

Victor: Have you ever found yourself bound from an opportunity due to signing a contract with another client or company?

Mally: No, every contract situation that I every have done, I’ve made sure they were one year contracts with a negotiation or trial period to see how things would go. I would never sign any long-term deals with anyone who was just starting out like me. I’m not going to be in a management contract with Joe Smoe just because he knows how to talk good.

Victor: What would you say is the most vital aspect of reading/reviewing a contract?

Mally: Really, just knowing overall what the contract is representing and what type of look or leverage you have in the agreement. You want to make it as fair as possible because you’re exchanging a service for a service.

Victor: What type of bargaining tactics do you use when going into negotiations?

Mally: Usually, you make a list. Before I go into a meeting, I have a list of things I want to discuss and go over. It’s really about sitting down and thinking about what you want to do and what is being offered. I really just try to prepare for what I want to go over.

Victor: Any words of advice for artists (talent) trying to make it from smaller cities like you’re hometown, Toledo, Ohio?

Mally: Leave. If you really want to experience more, you have to leave and get out to experience things with your own two eyes. So, you can get a feel for things and network. You can’t really just sit in Toledo because nothings really going to come to you sitting there.

Get more on Mally The Martian at the links below...

Mally The Martian 

Twitter

Facebook

MusiCares Honors Bruce Springsteen as Person of the Year

Just two days before the 55^th Grammy Awards, MusiCares will be honoring Bruce Springsteen as the MusiCares Person of the Year. On February 8, 2013 at 5:30pm, this sold out event will take place at the Los Angeles Convention Center. Festivities include, a cocktail reception, silent auction, dinner, and a tribute concert sponsored by The Starkey Hearing Foundation. Dinner, will be sponsored by AEG; followed by a star-studded tribute concert sponsored by Acura/ELS Studio.

Eddie Vedder, Alabama Shakes, Jackson Browne, Elton John, Kenny Chesney, Juanes, Emmylou Harris, Faith Hill, Jim James, Ben Harper, John Legend, Natalie Maines, Tim McGraw, Tom Morello, Mumford & Sons, Patti Smith, Mavis Staples, Sting, and Neil Young will perform at the tribute concert in honor of Springsteen. More performers are to be announced soon.

The MusiCares Person of the Year gala will celebrate Bruce's artistic achievements and philanthropic work. Starkey Hearing Foundation will be sponsoring the cocktail reception and silent auction. The auction will offer an exclusive selection of luxury items, VIP experiences and a one of a kind celebrity memorabilia for bidding guests. A gala dinner sponsored by AEG, and a star-studded tribute concert sponsored by Acura/ELS Studio will follow the auction. Acura RLX is the MusiCares "Vehicle of the Year."

This event is one of the most prestigious of those held during Grammy Week. Proceeds from the MusiCares Person of the Year tribute benefit MusiCares efforts to aid and assist musicians so they have a place to turn in times of financial, medical and personal need.

Past MusiCares Person of the Year honorees have been, Tony Bennett, Bono, Natalie Cole, Phil Collins, David Crosby, Neil Diamond, Gloria Estefan, Aretha Franklin, Don Henley, Billy Joel, Elton John, Quincy Jones, Paul McCartney, Luciano Pavarotti, Bonnie Raitt, Paul Simon, Sting, Barbra Streisand, James Taylor, Brian Wilson, Stevie Wonder, and Neil Young.

Fore more information, visit www.grammy.org/musicares.

The 55th Grammys Music's Biggest Night 2013

The 55th Grammys are set for February 10, 2013 airing live on CBS from the Staples Center in Los Angeles. Some artist are up for a number of awards are: Kanye West (8), Frank Ocean (6), Rihanna (3), 2 Chainz (3) and Anthony Hamilton (2). These are just a few hip hop and R&B artist up for awards. You too could be up for an award next year if you meet and release in the required time frame. Check out the Grammys Voters Guide for more.

Did you know that there is a week full of events leading up to the biggest night in music? That's right even if you don't have a ticket to the show you just might want to find your way to these great educational and networking events. With Grammy Camp, Entertainment Law initiative and even Music Cares Person of the Year celebration I'm sure you can find something that suits you. Below you can find a list of some of the activities that will be taking place in LA at this years Grammy week.

Last blog we spoke of how to become a member of the Recording Academy/The Grammys and the three different levels of membership. In our next blog to follow we will discuss how independent artist can to submit for nomination and possibly be come Grammy Award winners. 

Grammy Week:

WEDNESDAY, FEBRUARY 6 

Grammy Camp: Basic Training 

University of Southern California 

8 a.m.-2 p.m. 

The Grammy Foundation 

Formerly known as Grammy Career Day, top music industry professionals discuss the realities of the music business and careers in music with Los Angeles-area high school students. 

Producers & Engineers Wing 

Event Celebration 

Honorees Quincy Jones, Al Schmitt 

The Village 

8 p.m.-12 a.m. 

The Recording Academy 

Now in its sixth year, this event honors the legacy of iconic producers and engineers. This year's "An Evening of Jazz" celebration honors 27-time Grammy winner and multitalented music producer Quincy Jones and 18-time Grammy winner and producer/engineer Al Schmitt. 

Grammy in the Schools Live! 

Grand Ballroom, University of 

Southern California 

7 p.m. Dinner 

8 p.m. Performance 

The Grammy Foundation 

Top high school musicians personify the intersection of music and education at the fourth annual gathering. Last year's special guests: Grammy winners Terri Lyne Carrington and Anthony Hamilton. 

THURSDAY,  FEBRUARY 7 

Billboard Power 100 

Cocktail Reception 

Venue TBD 

5 p.m.-7 p.m. 

Special event saluting the honorees of Billboard's second Power 100 list. 

Grammy Jazz Ensembles 

Spaghettini Grill & Jazz Club 

Seal Beach, Calif. 

7 p.m. Dinner 

8 p.m. Performance 

The Grammy Foundation 

A select group of high school students will be featured in this public performance with a special guest artist. 

Music Preservation Project 

Saban Theatre 

7:30 p.m.-9 p.m. Event 

9 p.m.-10 p.m. Reception 

The Grammy Foundation 

"Play It Forward" is the theme of the 15th annual event, billed as a celebration of music's evolution and influencers. The year's lineup includes Rodney Crowell, Emmylou Harris and Ed Sheeran. 

FRIDAY, FEBRUARY 8 

Entertainment Law Initiative 

Beverly Hills Hotel 

11 a.m.-11:45 a.m. Reception 

11:45 a.m. Luncheon 

The Grammy Foundation 

The music and legal communities will break bread at this 15th annual luncheon and scholarship presentation. Last year, Spotify CEO Daniel Ek delivered the keynote, while former MusiCares board chairman John Branca received the 2012 Service Award. 

Social Media Rock Stars Summit 

Conga Room 

2 p.m.-5 p.m. 

The Recording Academy 

Social media pioneers and influencers will be on hand once again for this fourth annual summit. This year's panel discussion will be helmed by Billboard editorial director Bill Werde. 

MusiCares Person of the Year 

Honoree Bruce Springsteen 

Los Angeles Convention Center 

5:30 p.m. Auction and reception 

8 p.m. Dinner 

9 p.m. Tributes and performances 

MusiCares 

Last year Paul McCartney was the man of the hour at this always star-studded tribute, which raised a record-breaking $6.5 million for MusiCares' programs and services. This time, the Boss himself is being honored at what is sure to be another in a long line of memorable MusiCares benefits. 

SATURDAY, FEBRUARY 9 

Special Merit Awards Ceremony & 55th Grammy Nominees Reception 

Wilshire Ebell Theater 

2:30 p.m. Doors 

3 p.m.-5 p.m. Ceremony 

5 p.m.-7 p.m. Nominees reception 

The Recording Academy 

Grammy Weekend kicks into full gear as the Academy presents the lifetime achievement, trustees and technical Grammy Awards, followed by a reception saluting this year's slate of nominees. 

Pre-Grammy Gala and Grammy Salute to Industry Icons 

Honoree Antonio "L.A." Reid 

Beverly Hilton Hotel 

7 p.m. Reception 

8 p.m. Dinner and ceremony 

The Recording Academy 

A who's who from the music/film/TV industries are in the house for this soiree, presented by Clive Davis and the Academy, honoring Epic Records chairman/CEO Antonio "L.A." Reid. 

SUNDAY, FEBRUARY 10 

55th Grammy Awards Pre-Telecast 

Los Angeles Convention Center 

12:30 p.m. Doors and reception 

1 p.m. Awards presentation 

The Recording Academy 

The majority of the awards are handed out during the pre-telecast, which will be streamed live at Grammy.com. 

55th Grammy Awards 

Staples Center 

5 p.m.-8:30 p.m. 

The Recording Academy 

Can "Music's Biggest Night" top itself again? Last year, the CBS telecast delivered more than 39.9 million viewers, according to Nielsen, the largest audience since 1984. 

Grammy Celebration 

Los Angeles Convention Center 

8:30 p.m.-12:30 a.m. 

The Recording Academy 

OneRepublic, Kenny Loggins and DJ Michelle Pesce supplied the music in 2012, and Along Came Mary provided the sustenance at the 54th official Grammy after-party.

Information within this blog made available from Grammys.com and Bliiboard.biz

The place where music professionals meet, Grammy365.com

The place where music professionals meet, Grammy365.com. The 55th annual Grammy Awards are nearing and many might wonder how they too can become apart of such an elite group of professionals. There are many professional associations and organization one can join to stay connected, network and build on the professional music careers but in my opinion none like this. The greatest award in music provides an even great opportunity for up and coming industry professionals.

Grammy365 is the members site like Facebook, Twitter and Myspace used to stay informed and connected to where music is and where it's going. They've provided 12 chapters across the United States allowing members access education, advocacy and dental care through it's Music Cares affiliation. Members not just have access to Grammy events but discounts to other organizations events such as SXSW among a host of others. Membership also includes an invite to music's biggest night, the invitation only Grammy Awards.

They are three types of membership one can take advantage of: 

Student Member: primarily between ages 17 to 25, who are currently enrolled in a college, university or trade school with a desire to work in the recording industry upon graduation. Student members do not need to be majoring in music or in a music program to qualify for Student Membership. This allows students to join and take advantage of the industries top resources through volunteering, internships and networking.  

Associate Member: is for individuals who are creative and technical professionals with fewer than the required credits for Voting membership and other recording industry professionals such as executive producers, writers, publishers, attorneys, record label staff, music merchants, music educators, and artist managers who are directly involved, on a professional basis, in the music business.

Voting Member: This classification is for creative and technical professionals who qualify in at least one of the categories of eligibility. All recordings must be commercially released in the U.S. either through traditional distribution channels or recognized online retail settings. 

This information along with annual fee's and required documentation can be found under the Grammys membership section.

I have been a student member of the Grammys for the last two years and looking to become an associate member by 2014. During my two years of membership I have traveled to many different networking events from Chicago to Atlanta and New York. I've met the next big stars to the current ones like Brian Michael Cox and Mama Jane of Jane Smith Studio's just to name a few. While I'm not typically one to request pictures with stars, I'm learning the importance of doing to as my careers grows. You not only make good contacts at these events but learn a host of information that you may not have learned in the classroom or on your musical journey.

How to live before dying by Steve Jobs

On any given day we can find ourselves with our spirits down and looking for some motivation to press on ahead. Motivation is all around us but greatly depends on ones perception of the information they're receiving. Ted.com is an interesting site with a host of amazing speakers sharing their life stories, wisdom and knowledge that can be used for encouragement and growth. What I have found most encouraging about the site is that the speakers come from all walks of life (careers, race and regions) but have found ways to make the best of the cards they were dealt. 

How to live before dying by Steve Jobs was a speech he had given at the 2005 Stanford University commencement and named as a Best of the Web video by TED. Have you seen it or heard any excerpts from it in the media? If yes, what did you take from it and how are you applying it to life today? Steve Jobs an already great speaker and presenter had delivered possibly his best speech ever. His speech had three key topics about what he's learned from living his life: about connecting the dots, love and loss and death. 

In connecting the dots, he spoke of his parents giving him up for adoption but only to someone who would make sure he went to college. While his biological parents couldn't give him the life they wanted for him they assured he got it but first spewing and demanding it over his life. He went on to college but would drop out after just 6 months of attending. Steve would still continue to drop in classes but just the ones that interested him most. 

When Steve spoke of love and loss, he spoke of building up his business Macintosh only to be fired 10 years later. How could he be fired from his own company you ask, well so did he. He felt like running away as a failure but realized he still loved what he did and decided to start over. He fall from the top allowed him to rebuild himself and without even knowing it the Macintosh brand. The start of Next, Pixar and finding his wife were all apart of rebuilding himself as Macintosh purchased Next he would again become the head man of the company.

The last subject he would cover was about death and how he was diagnosed with cancer. At 17 he read a quote, If you live each day like it's your last, one day you'll most certainly be right. Steve would gone on with that quote in mind for 33 years asking himself, "if my life were to die to day would I want to do what I'm about to do today". His message was about doing what you love and if you haven't found it keep searching until you do. The heart will know when it finds what is right for you.

What I take from his life and this speech is that no matter how high one goes they can fall but no matter how far you fall you can rise again. The only thing certain about life is death and as he said it's our only shared destination. Knowing that he was able to build what is now known as Apple out of his parents garage is encouraging itself. But him losing his seat at the top and having to start over only to regain his position is absolutely amazing. In parting he said, stay hungry, stay foolish. My perception of those words are never lose you desire for more.

Labels spend $1 million dollars to break a new artist

The music industry’s revenue has continued to decline over the last decade. So why is that the major labels are still spending as much as 16 percent of revenue on artist and repertoire while cutting spending in other areas? That’s about to $2.7 billion of global recorded revenues. That’s said to be more than any other industry is spending in this gloomy economy. 

Marketing tactics have changed such as digital and social media while they’re still reaching the same audiences. Revenue has become heavily dependent on merchandising, licensing of music for TV, film and gaming. Artist and repertoire spending has dropped only 3.6 percent since 2008 even though the industry’s value had fallen16 percent says Kristen Schweizer ofBloomberg.com.

The survey below shows that more than 70 percent of unsigned artist still want a record deal. Marketing and promotional support appears to be the leading reason artist want to be signed. That's understandably so with the cost of break your average artist as high as $1.4 million. Independent artist can't afford to spend a fraction of that on marketing their projects. So its up to their management team to creatively get their projects to the next level using minimal resources. 

IFPI: Two new surveys, conducted in the UK and Germany in 2012, show more than 70 per cent of unsigned acts want a record deal, with marketing leading the perceived benefits of record company support.

The Unsigned Guide survey (UK)

	Yes	No
Is your aim to be signed by a record company?	71%	29%
Do you think having a record deal is an important step in developing a successful career as an artist?	75%	25%
What do you see as the benefits of having the support of a record label?
Getting upfront financial support in the form of an advance	35%
Marketing and promotional support	76%
Getting advice from teams of experienced professionals	24%
Creative input and guidance	5%
Support for touring and live performances	46%
Professional video production	3%
Help in partnering with potential brand partners	6%
International expertise and the ability to get to a global audience	31%
Making contacts with producers, songwriters and other potential partners	13%
Handling the business and admin, leaving you to the creative work	26%
Contacts with TV and radio stations	20%
Other reasons	3%

---

BVMI study (Germany)

	Yes	No
Is your aim to be signed by a record company?	80%	20%
Do you think having a record deal is an important step in developing a successful career as an artist?	65%	35%
What do you see as the benefits of having the support of a record label?	Very important / quite important	Very important
Support with marketing and promotion	95%	71%
TV and radio contacts	90%	58%
The opportunity to focus on the creative process	82%	50%
Support with tour planning and live concerts	81%	46%
Financial support through payment of an advance	80%	45%

Business, Plans & Budgets

It never seems to fail that when talking to artist and their managers I hear the lack of a business, plan or budget. The music industry is a business which needs a plan and musicians should have a budget. I'm not sure if it's because they don't know or they're just plan lazy but I find few artist and managers who have some type of business plan on paper. When I ask what's the plan they say things like, I'm going to make a hit record and get signed". I think that's a great idea but how are you supposed to get that accomplished. While no two answers will be the same, it is the managers duty to develop a plan and see that it is executed.

The U.S. Small Business Administration along with a host of other sites can provide you with templates and step by step instructions to develop at least a basic plan: 

• Create Your Business Plan
• Choose Your Business Structure
• Choose & Register Your Business
• Obtain Licenses & Permits
• Finance Your Business
• Loans, Grants & Funding
• Filing & Paying Taxes

These are just a few of the steps they will walk you through to assist you in getting you business from a to z. Your local, state and federal government can provide you with a host of information as well to get you on the right path. There are many free resources available on and offline to help your music career be a success. Just remember to get and keep your business in order because without it nothing else really even matters.