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The Archive - '4'
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Written by Dec Cluskey with a little bit of help from his friends.
This Email first mailed to all Members of 'The Serious Writers Guild' and subscribers to 'One Minute With Dec' on
09 Sept 2009
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"Music is the wine that fills the cup of silence" Rosemary and Thyme
Menu:
So it was all a scam [ vitamins only available on prescription? ]
New YouTube deal for PRS [ at last writers and publishers get a fair deal ]
Commemorating the 50th Anniversary of the Holy Grail [ Les Paul .. well remembered ]
Testimonials
Subscriber's Section [ advice on artist management and promotion ]
The gags: ..... [ You could have heard a pin drop. ]
So it was all a scam [ vitamins only available on prescription? ]
One of the members contacted me re. the recent scare Email circulating. I’m happy to say that the whole "Parliament to stop nutritional supplements" petition, recently circulated, is a scam.
Tim said:
“Apart from the fact that we’ve all ended up with a certain amount of egg on face, the news is all good:
1) Thank goodness Herbalife is so pro-active in working with world governments and the UN to ensure that the products will always be available and our health assured. [Herbalife is the biggest and most respected Health Supplements company in the world … used by many Music Stars, including me! Dec]
2) When we get a scare like this, it reminds us of how wonderful the products are and… what the heck would we do without them?!!!!!!
I’ve attached an official response. [Tim attached a letter from one of the bosses of Herbalife - Dec]
Let’s get on with saving the world!! ;-)
Please find below the really helpful note from Ric Hobby, Chairman of the Council for Responsible Nutrition and Herbalife's Vice President of Government Affairs and an official brief.
Hi Tim & Leslie,
This petition is rubbish. Everyone has the right of free expression,
but this petition is premised upon half truths and misrepresentations
of truth. Herbalife actively works with governments, not against
them, to protect Herbalife distributor interests. I’m happy to brief
you further if you want to know some details. I attach a brief we
wrote for a similar campaign in the Netherlands a few months ago. I
will be briefing the Minister of Health when the Prime Minister calls
for a response to this petition (when the number of signatures on the
petition exceeds 50,000).
Great to hear from you and that you are still actively engaged in
your business. I trust all is well.
Let us know if we can ever be of service.
Best wishes,
Ric
Ric Hobby
Chairman | Council for Responsible Nutrition
"The devil is in the schedule not the detail" Rosemary and Thyme
New YouTube deal for PRS [ at last writers and publishers get a fair deal ]
PRS for Music and YouTube have announced a new licensing agreement that covers music contained in videos streamed via the online video platform. As a result, premium music videos will be reinstated to YouTube in the United Kingdom
The deal will be backdated to January 2009, when YouTube’s previous licence expired. As a result of the agreement the songwriters, composers and music publisher members that PRS for Music represents will be rewarded when their music is used.
"I know that if I wanted to have a chance at a medal in the Olympics,
I was not going to do it if I stayed at home." Mary Lou Retton
Commemorating the 50th Anniversary of the Holy Grail [ Les Paul .. well remembered ]
Epiphone introduces the new Limited Edition "1959" Les Paul Standard.
With a history going back to the 1940's when Les Paul himself would visit the Epiphone factory in New York and work on what has come to be known as the FIRST electric guitar, this Limited Edition also pays homage to the man that started it all.
Read on:
"I'm very determined and stubborn. There's a desire in me that makes
me want to do more and more, and to do it right." Mary Lou Retton
Testimonials
“Dec
Thanks again Dec. You never cease to amaze me ...... the fact that you
have replied to my email
so quickly and on a Bank Holiday just shows how dedicated you are. You are appreciated .......
Love S
"Be cocky. Walk into the Georgia Dome
like you own it." Mary Lou Retton
Subscriber's Section [ advice on artist management and promotion ]
“Hi Dec
Our passion of music is so great that we have decided to look at setting up a small record label / management company to formally help up and coming talent.
Now here is why I write. I am confused as to the way we would ensure that a sizable amount of our income that would be investment could be recoupable as we have capital outlay onto bands.
We are not ever going to be able to offer exclusive deals but would sit somewhere between a management deal and a development deal for bands – ensuring that the phenomenal contacts we have in the industry are able to play and broadcast music from undiscovered artists that we shall record and manufacture. In doing this, can you enlighten as to the fairness and equity of recouping direct cost and outlays.
We were thinking along the lines of assignation of some of the performing rights and mechanical rights of the music, so a band of, say 4 members would receive a 20% of the performing royalties with a 20% of the royalties to us (becoming the fifth person) to recoup costs then once costs have been covered a reduced fee negotiable for payment of work in lieu.
Can you please shed any light or offer a few words of experience and guidance on the subject
Thank you for your time and attention
S****** B**** and L**** S*******.
My Reply:
Our rules are "one short reply to ONE question on music FOR NON-MEMBERS, Members of 'The Serious Writers Guild' have unlimited personal access to Dec by direct telephone, Fax and Email, apply at https://secure.mistral.co.uk/makehits/swgappsecure.htm ".
[Any advice given here shall not be deemed as financial or legal advice under any existing or future laws of any country]
S******, L****
Quite a familiar story!
The answer is far too lengthy for a short Email reply.
<<<<<Our passion of music is so great that we have decided to look at setting up a small record label / management company >>>>>>
Easy .... the warning is to make absolutely sure contracts are signed sealed and delivered before you ever switch the studio light on .... make sure the material is positively and definitely Potential Top Three and make sure the band/artist has sold out signs, queues down the street, merchandising and white labels out of control and a growing fanbase of around 30,000.
Ignore this advice and turn £4Mill into £10. You have been warned.
<<<<<<<<I am confused as to the way we would ensure that a sizable amount of our income that would be investment could be recoupable as we have capital outlay onto bands.>>>>
Again easy ... in the scenario above the investment is achievable [costumes, grooming, staging, choreography, improving equipment and more importantly looks of equipment] ... this can be self financing with gig fees, merchandising and white labels.
As I said before the contract should be drawn up tight with no emotion or enthusiasm....just plain business. Every penny spent should be entered in a dedicated accounting programme for the band [Sage or Excel works fine]. Monthly statements issued to the band members and certainly a watchful eye should be kept on the time period for return of investment and profit making.
<<<<<<<<<We are not ever going to be able to offer exclusive deals but would sit somewhere between a management deal and a development deal for bands>>>>>
As I have now said twice, be desperately careful ... I have seen many try to approach this 'tough' business in this way ....DO NOT!
This is a business to make profit....not to encourage no hoper or semi hoper bands who will sh*t on you ....trust me! I have seen it too many times [even done it myself....] The first glimmer of success will see them scuttle off to a major management/agency/production company.
Simply offer the 'tough' deal that totally protects your position... if they don't accept it then simply say 'next'. Forget them and get on to a profitable proposition.
<<<<<<<<<the fairness and equity of recouping direct cost and outlays>>>>>
If you offer that deal the first question they will ask is: "when do we move into the HOUSE and when do we get our first wages and the new touring truck?"
That deal is offered by major players who will design and put together 4/5 bands simultaneously knowing that one will hit the big time. That band will be contracted for 3/5 years and the rest of the bands will simply disappear.
<<<<<<<<<Is it possible to assign a percentage of royalty fees to a manager/ development deal?>>>>>
Complicated way of doing things!
PRS [writers] can only be subdivided if you are a co-writer or they all or whoever writes agree to have you as co-writer. If you control the publishing [the best way] then 50% of all PRS royalties go to you.
PPL and VPL [Phonographic Performance Limited] royalties for the performers on the record go directly to the performers in their various categories [principal performer, contracted and hired] ... this cannot be tampered with. YOU should ensure that you play something, anything on each record [tambourine?] and register your involvement by simply informing PPL. It is not your responsibility to make the band aware of this ....in my experience they will put off doing this and never get round to it! I advised Michael Crawford ... unbelievably he had not heard of PPL!!!!!!
As regards mechanicals ... the production company would negotiate the deal with the Record Company/Distribution company and have a separate deal with the artists. The Record company would normally want an assurance as to the permanence of the members of the band [principal artists].
FINALLY:
Disregard my initial advice and warning at your peril. There are hundreds of trusting managements etc. who have gone down the route you propose and been severely shafted! [Spice Girls?]
There is no such thing as a hand shake and 'trust' today ... I could tell you stories that would make your hair curl.
Be a tough b*stard .... but fair, transparent and above board...that way you will attract bands with the proper work ethic, the enthusiasm, the killer attitude, perseverance and commitment that will make them stars ..... try to be in a position that you can 'hire and fire' ... because you will HAVE TO.
Get the book 'Queen - the early years' .... that will verify everything I say ... and also study the emergence of The Spice Girls .. a salutary lesson for all aspiring guys like your selves.
Stephen ... if you have a database of prospective bands then we would be very interested. We do not advertise and rely on word of mouth ... we have arrangements with a lot of agencies, managements and record companies etc. who supply names and addresses ... we pay a handsome commission on all sales.
By the way... the bible for all this knowledge is 'How To Make A $Million From Your Music' .... and also 'How To Start Your Own Publishing Business For Less Than £100' .... the Industry's standard manual.
Regards
Dec [Cluskey] dec@makehits.com
2 Gold discs in 2008! Decca have relaunched their ‘World Of’ series on the back of those hits. Readers Digest are now promoting a triple album set …. Do you think I can help your music career succeed?
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The gags: ..... [ You could have heard a pin drop. ]
Robert Whiting, an elderly gentleman of 83, arrived in Paris by plane. At French Customs,
he took a few minutes to locate his passport in his carry on.
"You have been to France before, monsieur?" the customs officer asked sarcastically.
Mr. Whiting admitted that he had been to France previously.
"Then you should know enough to have your passport ready."
The American said, ''The last time I was here, I didn't have to show it."
"Impossible. Americans always have to show their passports on arrival in France !"
The American senior gave the Frenchman a long hard look. Then he quietly explained, "Well, when I came ashore at Omaha Beach on D-Day in 1944 to help liberate this country, I couldn't find a single Frenchmen to show a passport to."
You could have heard a pin drop.
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