Making It In Nashville

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By Steven M. Moore, Esq.

CAN I DO IT ON MY OWN?

One of the many questions that I am asked by many of my clients is "should I/we release our own CD?". Well there are many factors in considering this dilemma. As we all know, a major record deal is very hard to get. There are only so many majors and only so many acts which are signed and actively marketed by the majors. Of course, there are thousands of independent labels, but are they able to put your music out so that the mass public will be buy it?

Obviously, an independent deal can be better than no deal at all. However, will that label have major distribution through normal retail channels, actively promote the product, provide publicity, and tour support? Keep in mind that just about anybody can start an independent record company. They just need to buy some official looking letterhead/business cards and they can give the impression that they have started a label. However, is there substance behind that neat letterhead, slick card, and the people who say "we're going to make you a star!".

There are a lot of companies that act like they have all the contacts and they can make you a lot of money. However, look at the people within the company and they're reputation. Do they have a track record or are they just getting started? Obviously, listen to what they have recorded and decide if you like what they've done but beware and don't get sold on empty promises. Never let them convince you to pay a bunch of money, even if they promise that they'll ship your CD to all the radio stations and get your material played. I've seen people pay as much as $10,000 for a single song only to be placed a compilation cd with 10 other artists/bands and then shipped to program directors at the radio stations. What are the chances they're going to put your song on they're rotation? Probably slim to none. These types of operations are called "Custom Labels" and the deals they promise are "Vanity Deals".

Really give a lot of thought of what your're going to need to get your project up and running. First, you're going to need a recording budget. Insist on getting the entire cost of the project in writing from the company Include the cost of the studio, producer, engineer, session players (if you're a sole artist) and all other incidentals such as master tape, dats, tape copies, etc. Decide if you'll need the final product mastered and plan for costs of artwork, j-cards for tapes or inserts for cd's, manufacturing, packaging and shrink wrap. Never pay any money without a full accounting or you're setting yourself up for getting ripped off.

How much should it cost? Well, as in anything, "you get what you pay for". Personally, I've seen many bands and or solo artists come out with some really good sounding CD's for very little money. One of the keys to their success is preproduction. Get your songs in order first and get your players polished--they should know the songs and should be well rehearsed. When you're in the studio you don't want to waste valuable time by trying to learn as you go. Also, try to book time in the studio when they have down time. You're more likely to get a better rate late at night or on weekends when studios aren't booked. Of course, there are so many other decisions behind choosing a studio that I can't really discuss them all right now and each person has their own preference. The most important thing to remember is that you don't have to spend a ton of money to get a great sound.

I always suggest that if you can't get a deal with a reputable independent, then try make a good recording for a modest amount of money. This amount should also include the initial manufacturing of about 1000 cd's. Try to tour as much as you can in your region and sell as many CD's or tapes at your gigs as you can. Call the local radio stations and establish a rapport with them and always stop by if you can. Try to give them free passes and and promotional material you have (Merchandising materials would always be a plus.) Also go by all the record shops and try to work a consignment deal and if possible, a regional distribution deal. If you're getting played on the radio, you must have your product available in the stores. Of course, major distribution and promotion would be great, but grass roots marketing and promotion can sometimes get you further than you might think.

After you have sold your first batch of CD's or tapes, then reinvest ALL of that money in more product. If done right, the first batch sold should just about pay for your first pressing and recording budget. If you take the next batch and do the same thing--Boom--you now have money to help market and sell your product which would include working with publicists and promoters. If you can get to the stage that you're selling a lot a product in a particular region, then your chances of getting a better deal with major distribution are vastly improved. If you can't sell your product at that level, then you're either in the wrong market or you should seriously rethink your position about being in the music business.

As always, I wish you the best of luck. Persist and you will succeed...

Steven M. Moore is an attorney based in Nashville's Music Row.