Band Agreements: Putting the Dream on Paper
by Quinton J. Sheer, Esq.

From pages long corporate partnership agreements to simple handshakes; Band Agreements can be as varied the artists themselves. In whatever form they take, a band agreement is a contractual manifestation of band members’ commitment to each other and to the band itself. Simply put, it’s a way for band mates to tell each other and the world, “We are professional.”  It is an all too common myth that a band has to become successful before they start thinking about the business side of music. Band agreements aren’t just for the successful, they are a tool OF the successful.  They are for the committed.

Orange Avenue (5 piece pop/rock) is one of the most committed bands in Central Florida both to each other and to their fans. Drummer, Sean Sedita was happy to talk about the one contract bands really need, but often never think about until it’s too late.

WHEN IS THE RIGHT TIME TO TALK ABOUT BAND AGREEMENTS?

“Early on.  When [Orange Avenue] first started I was working as a paralegal so I knew some kind of agreement on paper would be helpful.”  Its more than just business decisions. A band agreement can set short and long term goals and provide a solid vision of where a band wants to be. It also demonstrates another level of dedication to the project. “If you love it and really do care, the band agreement comes with it. Even if you’re all friends; if you’re really serious, you definitely wanna do it.”

A good rule to keep in mind is that a formal agreement should be made anytime another person is given decision making power on your behalf. That can be other band members in their clearly defined roles, or outside members of the team like booking agents or managers. If there is a situation where someone else has the power to commit you to performing, endorsing, etc., a band can benefit from having some kind of more formal agreement in place.

WHAT IS A BAND AGREEMENT, REALLY?

Although a band is a business, most members just want to focus on the fun parts. Having a custom band agreement in place ca, in part, allow musicians to stop worrying about certain things and concentrate on what they do best. There are standardized forms floating around the internet but to really be effective, the ideal band agreement will contain the things most important to the group.

Of course there are the business decisions.  What happens when money is made? Is it divided or does it go into a band fund? If members put in their own money to help out the band (buying gas, or making flyers) how will they expect it to be repaid, if at all? And if a band shares profits, does that mean they share equally in copyrights? Making decisions about money is often best done before there is actually money coming in. It can help avoid resentment and misunderstandings when the band does start earning.

A well drafted band agreement can save confusion when it comes to making decisions for the band. It can clearly define roles so if one member goes out and designs and prints 1000 flyers, another member isn’t doing the same thing and wasting time and precious resources. Sean Sedita said, “For us, we all bring equal parts to the table so our agreement is everyone is treated equal.”  No matter how the agreement treats members, it should outline how decisions are to be made. Is it a majority vote? What about a tie? A band agreement can provide the blue print of the band by stating what the group’s long term goals are.  If three out of four guys want to tour and one member refuses to be away from their day job or family for more than a weekend trip it can kill major opportunities. “Everyone has to be on the same page.” And if it’s not put in writing, the conversation still needs to happen.

SO WHAT?

The courts are not clogged with breach of contract actions from independent bands.  Band agreements are usually not for litigation purposes. One of its great benefits is that it allows friends to remain friends.  Orange Avenue has been together for 10 years. “We still have the same goals. And the mutual respect is still there.  But even being that lucky, it’s nice to have an agreement in place.”  Sometimes we all lose out way or forget why we started what we’re doing in the first place. Revisiting such a document can remind and re-inspire.

Bringing up the subjects of decision making and money can be touchy. And because of that some bands are hesitant to broach the subject for fear of creating a rift among members. At the least, have a trusted friend help facilitate the discussion. To really do it right, hire a professional. And with the business defined, the band can go back to focusing on the music.

“Our focus has been on getting new fans and making lasting connections.  Because we took care of that business in the agreement, we can make that happen.”

** Orange Avenue latest CD, Small Victories, will be available February 21^st.

Casting Spell of Awesomeness!!!

Summoning spell
NERD ALERT!!!
When I was 9 or 10 I fell into a dangerous, but brainy crowd. We lived on the edge and kept good grades. We’d work together on Science Fair projects and read encyclopedias at lunch. But our favorite past time was Dungeons and Dragons. In retrospect, there were some intellectual benefits from playing the game. It taught us about teamwork, imagination, strategy, critical thinking, math… who am I kidding. We were just a bunch of nerds in training. One of the things I enjoyed at the time was the magical spells. The ability to make things happen without direct contact. You didn’t need a weapon or hand to hand combat. You could stand back and lob a fireball at some creatures head and not get a scratch. Unless there was another wizard throwing spells at you. One of the spells was called a “Summoning Spell”. It allowed you to conjure otherworldly creatures or objects to the wizard for their use. (I warned you it was nerdy). A lot of musicians complain that the music scene in their area is lame or weak because they don’t get a consistent crowd. And I hear some of the same comments from the owners and bar managers. Since we aren’t wizards, we don’t a have any magical spell to conjure up and keep an audience. It takes hard work, perseverance and a bit of schmoozing. But, in the end, it’s worth it. Having an excited, energized and most importantly, loyal fan base makes every gig that much more rewarding. You have to get their attention, keep them interested and informed, and give them a show worth showing up for.
Kat Coffin is an Orlando based freelance writer for Examiner.com and avid music fan. She has done profiles of musicians, live show reviews, and CD reviews for both print and on line publications. She has also worked with musicians in writing and submitting press releases, putting together biographies, assembling and sending out press packets, and expanding their web presence by submitting and maintaining their information and music to various web sites. I used the “Email Spell” to ask her a few questions and get her take on what’s up in O-Town.
World of Stagecraft: What’s you take on the Orlando live music scene?
Kat Coffin: It’s been better. Unfortunately because of transportation issues, I haven’t been able to get out and see as many live shows as I’d like. When I do get out to shows, the crowds aren’t as good as they used to be, and they don’t appear to be as open to unfamiliar music as they used to be. The audience only seems to show up to see “their band” and that’s it. They don’t appear to be open to checking out the rest of the performers. They show up for “their band” and leave when “their band” is done, and skip the rest of the show.
WOS: When you go to see a band or solo act, what is it that keeps you interested? What get’s your attention?
KC: There are so many things that catch my attention from one band to the next. 1. Good music. 2. I love to see good interaction from the performers to the crowd, and amongst each other. 3. Sometimes it’s a talented musician that draws me in, especially a guitarist or drummer whose talent just shines above everything else and makes me say “Wow!”
I saw one Central Florida band’s live show recently and was really disappointed. I love their music, but their stage presence bored me to death, hardly any interaction with the crowd (or each other) and no pizzazz from the stage, they might as well have just had their CD playing on a jukebox.
WOS: Who are you favorite local performers?
KC: I can’t really answer that because of my writing about local music, I don’t want to alienate anyone. There are so very many talented musicians/bands here in Orlando, it’s almost overwhelming sometimes.

WOS: What are you listening to on your IPod (or other device)?
KC: Currently, I am switching back and forth between two CDs that I am writing up reviews on, one is Songs of Praise and Scorn from Christopher Paul Stelling and the other is a local Orlando band The Dropa Stone’s new CD Starry Messenger.
WOS: What advice would you give to performers on how to gain and grow their crowd?
KC: Interaction is the key, whether in person or on line. There is one local Orlando band that has a huge following, and there are a lot of things that factor into that, but I believe the biggest one is that members of that band are frequently out at local live music venues, just hanging out, meeting people, being visible. It’s not that they are out “talking up” their band, because they generally aren’t unless asked. They are out there supporting other musicians and their projects, earning respect and picking up loyal fans in the process. They work full time jobs outside of their band, but they make a point to get out there as much as possible as well, because you can tell it’s important to them. There are a few other local musicians who do the same, but more of them need to do that on a regular basis, make it a priority. As far as online, I see huge fails all the time. Social networking for musicians is a must. You CANNOT just post updates from your phone, you MUST see what’s posted on your Twitter feed or Facebook page and interact. I go to some local Orlando band Facebook pages and don’t see any updates since last June, really? A venue’s web site says you have a show there within the next week or so and there isn’t one mention on your page? It makes me wonder if I’m on the right page. I go to some pages and they are full of spam/scam posts interspersed with show updates from a mobile device, which tells me they don’t even visit their own page. You have to interact, don’t just post show updates, respond to posts on your wall or twitter feed, ask questions, post on other people’s pages, SOCIALIZE. If you have an upcoming show with three other bands, post on their wall, get your band’s name out to their fans ahead of time so the fans will want to come out and see the whole show, not just one band’s set. Keep your page updated and active because if you don’t care, the fans won’t either, give them a reason to be interested and make your shows, CDs and merch a must have for them. Bands need to consider networking as much a part of their music.

My thanks to Kat for her insight. You can read her weekly articles on the Orlando music scene and CD reviews at http://www.examiner.com/local-music-in-orlando/kat-coffin.

OrlandoBands.com hosts Local Pro Expo 2012
Vendor/Sponsor sign up page
No knives, weapons, or noisemakers of any kind are to be sold at the event.

Event: OrlandoBands.com hosts “Local Pro Expo, 2012” March 10,2012
The event is to be held at Pro Video Solution and will feature a new television production facility, along with local industry production companies and technology demos. Live performances will be held throughout the event. Live special guest appearances from the cast of Hit Women.

Doors: 6:00 PM – Show Starts @ 7:00 PM (Subject to change)
Location:
Pro Video Solutions
7703 Kingspointe Parkway
Suite 300
Orlando FL. 32819

Live Stream: This event will be recorded and live video streamed online, found at multiple locations including OrlandoBands.com, Facebook pages and more.

Indoor/Outdoor: All vendor spaces will be located indoors.

You will be contacted for billing options. Your signature/submission of this information certifies as to the category of your product. In participating in this event, I agree to abide by all rules and regulations of this event. I further agree to release OrlandoBands.com and Pro Video Solutions of any and all responsibility from loss, damage or injury to any person or property from my participation in this event. If participant is a minor, parent or legal guardian must sign/submit.

Setup Details
Vendors will be permitted to set up between 2:00PM and 6:00  PM day of show. You will be responsible for cleaning the area around your booth before leaving, and you must stay open for business until 1:30 AM March 11, 2012 (End of Event). Vendors will be required to submit the agreement below before or upon check-in.

Booth Details
An area of 6 feet wide by 5 feet deep will be assigned to you. All vendor areas are first come first serve. If you need power/water please mark the appropriate field below. We will try our best to accommodate you. If power is necessary, please bring a minimum of 25 feet in electric extension cables (3 wire 12 gauge is preferable).
PLEASE EMAIL PICTURE Of BOOTH/CRAFT ITEMS IF POSSIBLE.

Tables/Chairs
Please provide your own tables and chairs. We will try our best to have extra at the venue, however there is no guarantee. Tables are not to exceed 6 feet in length.

Banner Placement
Banners will be allowed in your designated area. Banners must not exceed 6 feet in width. If you choose to hang a banner, and do not require a booth, please arrive early so that we may assist you. Placement area is first come first serve. (Stage/wall/etc.)

Questions/Contact
You may also email any questions to: BenGardner@OrlandoBands.com
Or call: 321-202-0011

CONTRA-VERSY: VIDEO GAME SAMPLES IN MUSIC
Quinton J Sheer, Esq.

So there I am, bobbing my head to a song, when my 10 year old self hears the old Castlevania theme in the background. I smile.  The song ends with a sound I remember from Super Mario Bros. I smile again, “ I love this song!”

There are many reasons why more and more bands are incorporating music and sounds from video games into their own compositions.  It invokes nostalgia in the listener.  Hearing that song brought me back to a time when my problems could be solved with 20 hours in front of a TV and a rectangular controller.  The use of video game sounds and music also establishes a connection with fans aside from the style and lyrics of the song.

While musicians are concerned mainly with creating and entertaining there are legal considerations when ever using material they did not create themselves. No artist is too new in their career to ignore these issues.  Copyright laws are not to be feared. They try to balance protecting an artist’s work without stifling the creativity of others.

Sampling vs. Cover Songs

Covering a song means playing/recording a song written by someone else. No permission is needed but a compulsory license must be obtained.  There is a set amount to be paid that is dictated by statute.  Compulsory licenses allow the original copyright holder (usually the publisher) to benefit from their efforts without allowing them to keep their creation from the rest of the world.

Sampling means taking the actual recording of one sound or part of something previously recorded and using it in another recording.  It is often meant to invoke the image of the original in the listeners’ minds. Obtaining a license for samples is not automatic/compulsory. Use of samples can require permission from both the publisher and the owner of the copyright in the sound recording itself.  With video games, those are often the same entity but not always.

Who Makes These Sounds Anyways?

Those who composed music for early video game systems had to have both the musical chops to compose and the technical knowhow to understand how their compositions fit into a game and system with limited functions. Many of the early composers worked for the companies who made the games and systems and consequently they were not seen as composers or artists in their own right. Their efforts were often ‘work for hire’ much like the old Hollywood studio system.

Thankfully, those pioneers, like Composer Koji Kondo (Punch Out, Super Mario Brothers, and The Legend of Zelda) are now being recognized for their work.  But because of how the system was created many would be samplers did not see sampling those sounds and music as stealing from an artist.  But not obtaining a license for these sounds is both wrong and illegal even if the owner of those rights is seen as a faceless corporation.

It’s Easy to do Things Right

It is important to remember there is still a copyright in the composition itself.  Even using midi versions of the music won’t absolve unlicensed use. And while there are tons of sites offering free video game music downloads, it does not mean those songs are copyright free. There was one group who told me it was too much money and hassle to get a license because they were just a local band. They told me they thought it would be cool to be sued so they’d get noticed.  I gave them the same advice I now give here: It is never cool to be sued.  It costs more and is more a hassle to be sued than to do things right the 1^st time. As far as getting notoriety, no one wants to work with artists who don’t respect the process or the property rights of others.

As artist Biz Markie was told by Judge Kevin Thomas Duffy in 1991, “Thou shalt not steal.” [Grand Upright Music Ltd., v. Warner Bros. Records Inc., et al., 780 F.Supp. 182 (S.D.N.Y. 1991)] Other cases have shown that there is no number of notes or length of time that relieves samplers of their responsibility to get a license or clearance.

When considering including a sound or sample from a video game, David Powell, President of The Music Bridge, suggests to “first determine who owns those rights by going to the corporation that built the [gaming] system, to see if it needs to be cleared.  While this information can be obtained with a little sweat equity from the artist, companies like The Music Bridge can help make the process less stressful while also considering the budget of the artists.

While it may be as simple as going right to the source, that source may be hard to find or in another country.  Mr. Powell said, “It might be a work for hire or from a third party, in which case you need to go through the original copyright holder.” Bottom line, “[w]hether it’s from a video game, music, or movie dialogue, it’s still sample clearance.  Get to the bottom of who owns it and obtain a license.”

Because an artist is signed to a label does not mean they are free to sample and let the label seek clearances. Many label contracts from indies to the majors include provisions that require all recordings delivered to be wholly original. For all but the top selling artists this means, the band must make the effort and bear the expense.  That cost could depend on the notoriety of the artist seeking permission plus the length and prominence of the sample, among other factors.

If you’re a signed artist wanting to include samples of any kind into your songs, check your contract. If you don’t fully understand the contract or the process, seek the advice of those who can help.

Don’t get discouraged or let the process deter from creating the work you have in your head. The song that made my head move and me flash back to my youth was better for including those samples. But if you think that it’s ok to use samples without permission ask Biz Markie. He’ll tell you now, it’s not always best to beg for forgiveness when you can ask for permission.

**This article is for information only and is in no way to be considered legal advice or exclusive endorsement.  We encourage those with similar issues to the article above to seek the advice of knowledgeable counsel.  For music clearance services contact The Music Bridge or a trusted attorney. **

To help you become a performance Gladiator

Choose your weapon.

Wireless or not to wireless; that is a question. Whether it is nobler in the performer’s eye to endure the potential pitfalls of technology and potential battery failure for the freedom of unfettered movement within the range of your unit. (Author’s note: my apologies to William Shakespear and his fans, of which I am one, for borrowing and subsequently butchering this line from Hamlet Act 3 Scene 1.)
I’ve gone wireless a couple of times in my career with mixed results. I’ve tried vocal only, instrument only and both combined. Some of the units that I’ve used suffered from interference issues and varied battery life. There was also a slight delay as I moved further from the receiver and sound degradation. Other units eliminate the issues with poor reception and delay. I also got better range and higher gain. But the price was a bit steep. I’ve tried different battery types, including rechargeable. I’ve tried them in different venues for different types of shows. I’ve loved them and hated them sometimes during the same show.
But, the question remains unanswered. Wired or wireless?
In the end, it comes down to personal choice for the performer. Think about why it is you want to go wireless. Are the venues where you perform conducive to a wireless setup? Does it change your stage show and is it a change you are comfortable with? If you’re going to be outdoors, what’s the weather forecast? Can you afford the cost? You’ll need to answer these questions before you reach into your wallet and plunk down some coin.
If you do decide to go for it, then take the time to do the research. Go online and check out different models, performance reviews and ask people in chat rooms and message boards. Head to your favorite music store and see if they’ll let you try some out. Ask if they can let you set up something akin to your normal set up so you can see how it’s going to sound. A few of things to look for when deciding; Signal clarity, effective range, battery life, noise filtering, ease of use and, of course, price. If you are playing a venue with a sound man, make sure you spend a couple of extra seconds with him regarding your wireless. In some places I’ve played, the building can give you problems, depending on your system. Test it out before you hit the stage. If there’s a problem, you’ll have time to find solutions. Also make sure you carry extra batteries and a back up hard wire set up (mic and instrument cables, etc.) just in case there’s a problem you can’t overcome. Wireless setups have made a lot of advances over the last few years so don’t shy away just because you’re worried about the technology.

A lot of performers are going with the in-ear monitors. There are definitely some advantages to using them. Every performer can have their own personalized mix. You can keep the noise level on stage lower and, if that’s not possible for whatever (or whoever) the reason, some provide hear protection and noise cancellation. With many more people listening to music through their headphones, hearing loss and hearing damage are on the rise. There are several levels of damage from tinnitus to ruptured ear drum. Continual exposure to noise over 85 decibels can cause gradual hear loss (just ask Pete Townshend but speak really loudly). The average concert is in the 80-100+ decibel range, depending on the band and the venue. That’s just 30 decibels shy of a jet engine from 100 feet away. That’ll do more than muss your hair. So, what’s a hard rockin’ group of hell raisers supposed to do? Well, regardless of your genre, take some steps to protect your ears. Here are a few pointers;

1. Wear protective earplugs. These will bring down the decibel level to something a little less mind scrambling. DO NOT use cotton balls or clipped off Q-Tip ends (don’t laugh. I’ve seen it done). These provide no real protection and can get stuck in your ear.
2. Have your hearing tested. Early detection, just like with most ailments, can prevent further damage.
3. Find ways to reduce your on stage volume. This may require a heart to heart, grown up discussion with your fellow band mates. Probably shouldn’t split up the band over it, but it does need to be taken seriously.
4. Keep your hearing in mind away from the stage. Practice rooms, concerts, IPods and recreational activities can all have an effect. If you’re a hunter, remember that a shotgun blast is about 140 decibels. And watch where you point that thing.
5. Check your meds. Some medications (over the counter, prescribed and recreational) can affect the ears as well. Too much caffeine, aspirin, nicotine or alcohol can cause tinnitus. If it’s persistent, see your doctor. As a rule the over the counter/ as seen on T.V. remedies do not work. If accompanied by dizziness or fever, see your doctor right away.
And, no. I’m not a doctor, but I play one on the internet.

Winter is slowly creeping into to Florida and soon it’ll be getting cold (those of you up north, keep in mind cold is a relative term. And after you’re done laughing, come see us when you’re digging your car out of 4 feet of snow. We’ll have plenty of sunshine and daiquiris waiting for ya). Singers and instrumentalist alike have to protect their instrument. Right now, I’m going to focus on the voice. In future articles, I’ll delve into the other instruments.
A sore throat can be a symptom of something else going on with your body. It can be some as simple and still as of yet incurable as a common cold or something a little more complicated like tonsillitis or laryngitis. Whatever the reason, don’t ignore it. Your body is trying to tell you something. If you won’t listen to your body, maybe you’ll listen to me…
1. Warm up before singing. Especially on colder days.
2. Increase fluid intake. *See below for exception.
3. Gargle with warm salt water. Helps to relieve sore throats.
4. Suck on a hard candy, lozenge or chew sugarless gum.
5. Humidify the air. Works well when you’re sleeping.
6. Avoid smoking. You should quit anyway. And that means ALL smoking….
7. Limit your talking and rest your voice. This includes whispering which is just as hard on your throat as talking.
8. Try to avoid clearing your throat.
9. Stop drinking alcohol and caffeinated drinks. *I told you there was an exception.

If you are still having problems after two weeks, then see your doctor. It could save your voice.
Big thanks to the all of the authors and editors of the Mayo Clinic Guide to Self Care, 4th Edition book which I used for this article and personally use frequently, because I really hate going to the doctor (nothing personal Doctors).

THE BENEFITS OF GETTING OFF THE COUCH

By Quinton J Sheer, Esq.

I’ve always loved going to see independent music shows. I get to hang with friends, meet new people, and hear some good tunes.  But all too often regular indie concert goers are made up of only music fans and not other musicians. Sure some musicians make the effort to at least pretend to care about their fellow bands in the scene but too many are only seen at their own shows or maybe only to promote their own shows.

A recent conversation with Jonzey, bad ass fem fatale bass player for Sarasota, FL’s hard rock four piece,The D.O.O.D. (The Distinguished Order of Disobedience) demonstrated the huge value in going out when you’re not playing.

Q: How often do u go out to other band’s shows?

[Guitarist] Ray and I go to shows just about every weekend as fundage will allow. We focus on shows that are featuring  bands or venues that have supported us. We commonly drive out of town to support our local friends because we know how much it means to look out into the crowd and see family and friends. We also hold a local jam night on Fridays at our warehouse and many musicians gather and jam out cover tunes and all are welcome.

Q:  Do you have set goals when you go out?

All we really do at the shows is mingle and meet people. It is a chance for us to get to know the people who are willing already to go out to shows. If we have a big show coming up we may pass out flyers or talk it up, but for the most part it just about making friends and having a good time.

Q:  What’s something you’ve learned from seeing others perform?

I have learned a lot from others, but most importantly is passion. I have seen bands that can make you “feel” their song and I have seen others that just seem to be going through the motions. Another thing that is important is to be well rehearsed and know your parts.

Q: Any tips on selling more merch at shows?

I find that I make more sales walking around and asking others if they would like to buy something when I get off stage and initiating conversations than I do just anchored down to a table waiting for someone to stroll by.

Q: What’s a big DON’T when going out to others’ indie shows?

I think that the biggest faux pas would be talking shit about other bands and/or musicians. We should be there to support others and too often people are competing. We should be building each other up, not tearing each other down. I can always find something that a band does well. One of my favorite parts about being in the scene is watching bands and musicians grow with time.

Q:  I know “fundage” is scares for many. Is it tacky to ask to be on another band’s guest list?

I have been on lots of guests lists in my time but it is not from asking the bands. Many times bands aren’t even given this perk now days. However owners and promoters who see us at every show often just waive us in or ask us if we’re coming so they can put us on the list.

Q:  What’s a benefit The D.O.O.D has received from all this effort?

The benefits to supporting the scene are endless. You make friends and fans; you see what works and what people want to hear; your stage show improves; you are offered more shows, etc. If we want there to be a scene then it is our responsibility to create it.

Q:  Why go out of you don’t know any bands on the bill?

We have to show venues that we support them when they support local original music. You can be the best and in the world but if there is no place to play……

Intro by Brett Hestla: I have been a lifetime musician since I was 6 years old. I have had many local bands and two signed bands. My first band was Virgos Merlot on Atlantic Records, second signed band was with Dark New Day. I was also the touring bassist for Creed for 3 years and I have been producing bands for 10 years. I have achieved record deals for local level bands and brought them to the national level.

You have accomplished a lot as a musician. How does it feel to be able to give back to the new local bands?

Feels great to be the guy that every band wants to know. That can send you in the right direction. How do we achieve this or how do we get this rolling? Usually I tell the bands the same thing… if you have the songs the business will come to you. If your music is where it should be this should be your main and prime focus. The fans will do the work for you, they will be telling everyone how great you are.

What are some of the local bands that you have or will be working with?

Ideal Zero, Framing Hanley, Virgos Merlot, Orange Avenue, Down Stem, Mr. Bella, Not Tonight Josephine, Maybe If You Hit, Exit The Ride, The Supervillians and many more that I can’t remember. There are so many great bands out there.

 It is good to see that some local bands are spending the money on proper recording and producing.

I fight that as the producer. Sometimes I wish I was in management, so that I could send people to me. I would tell the bands to go to a producer that would not let them do what they want and I mean this is a positive way. They won’t let you do the three minute intro to the song that has your best chorus. Somebody who is going to give you the cold hard reality of radio. You have to be quick and be precise and not give them the ability to shuffle or skip the song. If your song never gets heard all the way through it is doubtful that you will have any fans. I ask them to show me a song that has that, “really killer 5 minute break down” and has made it. You can bring your Tool to the table, but if you look at Sober and Prison Sex they both are 3 minutes and have a formula that you hear in a good radio song.

The battle that I fight with local bands is that they think that a song is the last opportunity to connect with the fans. Your record is a handshake with the public. If you can’t write a hit song and gear something that will generate income for your band, you won’t succeed. You will do 2 or 3 tours and then they will realize that you can’t draw and you will be blacklisted at venues. There are bands that fight the good fight like Traverser. I love that band, I love their music. I wish could just record one song. I just wish I could just arrange one for radio, so we can get the people there to see how great your other songs are. They are just missing that step of getting that fan base. The bands, they stick to their guns and then they disappear.

The best thing you can do is write songs that do business for you. You can become successful and then you can write those 7 minute songs with those killer breakdowns. You have to clear the path for the average listener to enjoy your music. Fans are pretty flexible once they love you, you can take them down any path you want.

An A&R will not bring something risky to the table. Unless it is the most amazing thing they have ever heard. Unfortunately, you have to be smart and play to the public if you want to get paid as a musician. You aren’t going to hear, “man we just played at the Haven and we blew up.”

It is not a Support the Arts foundation to where they donate money to bands because they are really good. If you are not bringing money to the table, then no one is going to hear of you. You are responsible for your own being and your own spot in the music business.

When a local/unsigned band approaches you about recording what do you expect of them? (This is designed to help local bands understand at what level they should be before joining you in the studio)

The thing I would like to tell bands the most is to feel free to surrender the reigns. A lot of the times what creates a struggle is when someone has been playing something the same way for a year and 6 months and I try and have them change the way they play something. It is in your muscle memory, but I want you to try and play it a different way.

I always tell bands to think of the songs as ideas compiled in an order. Think of how many other ways you can do these songs. Do you have to all be rocking the entire song or can you have some more dynamics. I want the bands to understand that the song is a ride and things can be rearranged without changing the core of the song. “I think for the majority of fans the small parts of the songs are what make the big parts so big.”

Once bands have worked with a producer they start to look at the songs and think, “do we want the song to build as it goes on or make the intro big”, but with bands new to a producer, I just want to let them know to look at the song as a ride and not a finished project. For bands that come in for the first time keep an open mind and keep things as ideas. You might be one idea away from the best thing for the song and because you have been doing things this way for so long you may not be aware of the better options.

What are your feelings on radio songs?

Program directors are smart. They are not just dumb guys, they like music too. They will only choose things that will work, so if you are doing something out of the norm then it better be the best or it is not going to be played. Everyone’s complaint is that “all radio sounds the same”, but those are the songs that are getting requested. If they were not getting the phone calls, then those would not be the ones being played. If you are upset by that then call and request what you like, and call a bunch. You can’t change the public’s perception, and you shouldn’t try to.

At what point do you feel that is appropriate for that band to publish or copyright a song?

There are many arguments about this. You have the songs recorded on your computer and that time stamp will be enough in court against someone with a later date and time on their song. That helps in a way, but it is not a fool proof plan. However, if you are about to put music out for sale you need to copyright everything, so that if someone does steal a song you can prove that it is your song. It is always a good idea, but I wouldn’t be so freaky and worried about it.

What is your opinion on the over produced music that is placed on the radio? The ones where you know that the band could never pull that song off live.

I hear those bands a lot, and if you want my opinion on why record sales are in the states, they are it. You are not hearing musicians anymore because you are hearing a processed and corrected version of what the musician is attempting to play. You can’t actually hear the drums anymore. I miss the original records that had the crack in the voice, and missed drum parts, and out of tune guitars. I will always love these records and I know every mistake on every song. “Now you take all those humanity issues away from music and it is in-human.”

 What are some of the ways that some of the local artists that they can raise the capitol to come work with you?

Kickstarter is a great and affective way. It is a site that provides a way for bands to give incentives to their donators to raise money for their album. The fans are going to support their favorite bands and help them get their albums recorded and sounding good. It is an awesome way to help the band become a player on the international market. This seed that you plant can help them get to where they need down the road.

How did you go about getting shows booked for your band?

The best assets you have are bands in the towns that you are touring through. Hit up the local bands see if you can do a show swap or play on their show and you will promote them in your area. There is nothing better than having a band have you in town for a gig.

I really made up half the crap that got me my shows at the beginning of my career. “ I lied my butt off! I said hey yeah we played with so-and-so, we are with ShowBiz Talent Agency and we are here to play this show”, they don’t care. As long as you rock your ass off they don’t care who you belong to.

What is your final say towards the local bands?

I think I have said my usual. I guess that you film everything you do, and attach your music to everything you do. Put every finger out in every direction hoping for something to connect, and something to happen. Don’t think of anything as below you. Something may hit and be the spark for your career as a musician. I think that bands should get more open about their rehearsals. Invite people out and if you can get 12 people at your practice they may go to your next show to hear the final product.

“Labels are not signing bands that sound good. They are signing bands with records that sound good.”

The Worst Dish Is One That Never Comes
By Quinton J Sheer, Esq.

There’s a lot of overlap between the Indie Music world and the Foodie world.  No matter the industry, there are things anyone, with enough time and dedication can learn.  Skill, talent, and business savvy fall into this category.  And then there are those intangible things that just can’t be taught. Celebrity Chef Anthony Bourdain wrote, “Find me another Mexican dishwasher anytime.  I can teach him to cook. I can’t teach character.”

Food and Music enhance each other. They range for the bland and mundane to the adventurous.  Each can be sexy on its own, and each is better when shared with others. Both industries have very creative and artistic elements that, at some point have to fit in with sound business plans. To get in, you gotta pay your dues. Play every road house from here to there; wash dishes before you chop lettuce.  No one starts as chef du cuisine.  They work their way up to grill bitch.  Success starts, not when the big paychecks come in.  Success begins with in actually taking that 1^st step.

Raw talent, although an integral part of success, is really a very small part.  Woody Allen was certainly right.  80% of success is simply about showing the fuck up. Opportunity does not knock on your door, leave, then return with a bouquet of flowers to say ‘sorry I missed you.’

Canceling a gig, an interview, or for the music fans reading, calling out sick to work is a bad thing. Because you have an excuse, even one that’s true, does not make the act of canceling excusable.  You disappoint fans, disrupt relations with those counting on you, and its disrespectful to those who gave you the time of day to begin with. It’s not just the loss of money, reputation, and future opportunities that are at stake.  One cancellation, call sick, or flake out can help kiss all of those things goodbye.

Orlando Bands founder, Ben Gardner says, “I wouldn’t work with them again, no way.  Maybe if someone close to them dies, but even then, find a replacement. There’s no quicker way [than canceling a gig] to end a career, that’s for sure.”

When you cancel on a gig or interview you rob yourself of the opportunity to get better. Greatness does not come overnight with a record deal. The Beatles played over 1,200 times in Germany from 1960-1964.  Each experience developed their greatness. Not many saw the work before they returned to England but its there. It’s always there. Staying home to sleep it off or canceling because, ‘they had things to do’ could have stunted or stalled their development as artists and their careers.

T.G.I. Fridays kitchen manager (Lake Buena Vista), Jarrett Eldred also sees the connection between food and music, “It’s all entertainment.  Running a kitchen is in a sense controlled chaos.  It’s being ok with the fact that you don’t know what the fuck happened.”  That sounds could describe many local and even professional shows.

Jarrett Eldred goes on to say, “I have some really great chefs working for me.  Some of them are great, if by nothing else, than by accident.  Those are the guys who knew nothing but showed up every day and didn’t call in sick.”

Every day is an opportunity to get better.  Each opportunity is a chance to learn and practice. “The chefs that come in and think they’re rock stars, they don’t last long.”  Being great comes more from experience than raw talent.  Not showing up diminishes the chance of greatness and shrinks opportunities. And that is a dish no one wants to choke down.

The name of album “Stupid is as Stupid does” lead me to believe I was going to hit play only to hear anger blasting from my speakers. Instead, I found a man with a talent for delivering meaningful lyrics through nicely layered well composed tracks. There are many influences in this music that make the journey a beautiful one. If you listen closely enough you might get lost in the story the song delivers. Each song is sexy soulful and won me over. The islands were calling to me in one song. Then I was on an open highway in the deep south chasing my dreams. Mostly, I was dancing the night away in a crowded room, sweaty and hot in the urban melting pot. This was all in my head but what a ride.  Enjoy by taking your own journey, get this Stupid Genius album today. Check out his music video for the first track Automatic too, filmed right here in Orlando. Learn more about Stupid Genius at www.StupidGenius.com.