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Guitar Musician e-zine 05/03/2006
In This Issue:
| "The guitar is a means of expressing music, When you get
into the emotional side of it, then it's not the guitar that matters so much
as the music itself. But the guitar is the vehicle I use. It's how I express
myself. As for the emotional side, music takes up where language leaves off.
To try and verbalize what music says, emotionally and spiritually, is
futile. Let me put it this way, Louis Armstrong once said if you've got to
ask, you'll never know."
- Charlie Byrd - Jazz Guitar
Started my day at 6:00am Tough to get out of bed, but it
was well worth it when I arrived at the health club to find Belinda waiting
I feel GREAT!! It's a whole new life for me.
I hate that *#@^$ Belinda more than any human being has
ever hated any other human being in the history of the world. Stupid, skinny,
anemic little cheerleader. If there were a part of my body I could
move without unbearable pain, I would beat her with it. Belinda wanted me to
work on my triceps. I don't have any triceps. And if you don't want dents in
the floor, don't hand me the (*&%#)(#&**!!@*@) barbells or anything that
Belinda left a message on my answering machine in her
grating, shrilly voice wondering why I did not show up today. Just hearing her
made me want to smash the machine with my planner . However, I lacked the
strength to even use the TV remote and ended up catching eleven straight hours
I'm having the Church van pick me up for services today so I can go and thank GOD that this week is over. I will also pray that next year my wife, the poor misguided soul, will choose a gift for me that is fun, like a root canal or a vasectomy.
A Lesson For The Learning
Interested in guitar lessons? - Be sure and check out the guitar lessons offered by Andrew Koblick at Amazing Guitar
GUITAR Q AND A
Breaking the Writer's Block
Brian Rhymes; Austin, TX
Q: Well, I've reached a block; everything that I seem to play sounds the same. How can I keep what I play fresh? Thanks for your help!
A: One of the biggest challenges that a musician has is keeping a fresh and creative perspective over long periods of time. Because of the amount of time that most musicians spend playing and practicing, it is easy to become stale. It seems that it's either feast or famine with creative ideas but here is a little advice that helps me a lot.
I have a little cassette recorder that is about 20 years old that I record all my ideas on. You can use any type of recorder that you have as long as you can record your ideas and listen back. When you have a creative period, record all your ideas even if it is just a riff, rhythm pattern, or melody line. I have about 50 cassettes full of these ideas. When I am going through a creative drought, I listen to these tapes and get instantly snapped back into that creative mind-set that I had on that recording and this usually helps me to get on track.
Try to find other things that will link you to a creative state of mind, maybe a favorite CD, painting, or even an event that happened in your life. These all can be great links to get your creative juices flowing.
Hope this helps!
Yours in Music,
Ownership of Recordings
By Jeffrey and Todd Brabec
Unless the contract contains other provisions, the artist agreement will usually state that the record label is the copyright owner of the performances recorded during the term of the recording agreement. In many cases, the ownership will be termed a "work made for hire" under the U.S. Copyright Act, and, if upheld, there may be no reversion of rights to the recording artist or record producer.
The general grant-of-rights clause of the recording agreement gives the record company the right, among other things, to manufacture and distribute audio and audiovisual recordings of the performances of the artist under the record company's trade name, to perform such recordings, and to package and exploit such recordings, all such rights being subject to the other terms of the agreement, including those provisions that guarantee royalty payments for most types of commercial exploitation.
Depending on one's bargaining power, a number of restrictions can be negotiated by the artist (e.g., initial release of any recording to be on the record company's "top line" label, no inclusion of a master on "compilation" or "television-only" albums until a certain amount of time has elapsed after the initial release of the recording, approval over certain motion picture or advertising commercial uses), but in most cases, the record company will have fairly unrestricted rights to exploit the master recordings in the manner that it sees fit to promote the artist.
In cases where the artist is able to cause a reversion of ownership of his or her recorded performances contractually via negotiation (an occurrence that usually happens only with the biggest superstars or in the case of a licensing of preexisting masters agreement), that right is often subject to the record company's having recouped all advances paid to or on behalf of the artist.
Such reversion provisions normally refer to a grant of rights that will last for a certain number of years after the expiration of the term of the recording artist agreement, with an automatic extension of time if the record company is still in an unrecouped position at the time of the agreed-upon reversion date. For example, a sample clause might read:
All rights in and to the recordings shall revert to the recording artist 15 years after the expiration of the term of the recording agreement, said agreement to expire upon the commercial release in the United States of the fifth album recorded during the term of the record contract.
Notwithstanding the above, however, in the event that the record company has not recouped all of the advances previously paid to the artist (e.g., signing advance, commencement of option advances, album delivery and acceptance advances, commercial release advances, etc.) or paid to others on behalf of the artist (e.g., audio and audio visual recording costs, per diems to performers, musician union fees, etc.), the rights to the master recordings shall remain with the record company until either all such advances and direct costs are recouped or until the artist repays the record company the total outstanding unrecouped advance balance related not only to the most recent album but all albums recorded under the artist agreement.
In the event that such a "repayment of any outstanding advance balance" provision is included in a recording agreement, the effective reversion date will usually be the last day of either the calendar quarter or semiannual calendar period during which the repayment by the artist is made.
For example, if the artist repays the unrecouped advance balance on July 14 of a particular year and there is an "end of the semiannual calendar period" reversion date, the transfer of ownership of the recordings to the artist would not occur until December 31 of that year. If an "end of the calendar quarter" reversion date had been used in the above scenario, the reversion date would be the end of September.
� 2005 Jeff Brabec, Todd Brabec
Brought to you by TAXI: The Independent A&R Vehicle that connects unsigned artists, bands and songwriters with major record labels, publishers, and film & TV music supervisors.
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