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The Muse's News

Issue 10.4 - July 2007
ISSN 1480-6975

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I n   T h i s   I s s u e :

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@-- Editor's Musings
@-- Music Reviews - Alex Jasperse, Rick Marchetti, Jon Stewart,
                    Chip Withrow, JJ Biener, & Francesco Emmanuel
@-- New Artist Spotlight Additions
@-- Songwriting Book Review - by Ed Teja
@-- Musical Notes - Songwriting Contests & Market Info.
@-- Muse's Clues - Songwriting Web sites that inspire - brought
    to you by singer/songwriter & teacher, Irene Jackson.
@-- Featured Article - Royalties and the Law: The Informal
                       Resolution Processes of the Three Domestic
                       PRO's - A Brief Analysis - 
                       by Brian Lee Corber
@-- On Site Featured Article - An article already online for your
    viewing pleasure.
@-- Classifieds & Useful Services
@-- Contact information
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ISSN 1480-6975. Copyright 1998-2007 - Jodi Krangle. 
For more contact information, see end of issue.
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FIND WHAT YOU NEED AT THE SONGWRITING STORE ON THE MUSE'S MUSE

All sorts of products and services especially for songwriters,
negotiated so that you get the best price possible.  Find means
of promotion and distribution, songwriting aids, educational
products, musical instruments and their accessories, and lots
more!

       http://www.musesmuse.com/songwriting-store.html 
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
S p o n s o r   M e s s a g e :
 
(Many thanks to the sponsors that help support this newsletter!)
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

WRITE BETTER SONGS WITH MASTERWRITER AS YOUR SONGWRITING PARTNER

"This remarkable piece of software turns your Mac or PC into a
valuable songwriter partner"
-- Richard Leiter, Keyboard Magazine

If you have a high speed connection, you can download a 30-Day
demo. If not, we will send you a copy for $9.95 which will be
deducted from the purchase price if you decide to buy.

Receive a special $70.00 discount off the $289.00 list price when
purchasing through the Muse's Muse!  
Please use discount coupon # 3004.

Endorsed by: BMI, ASCAP, NSAI, PRS and Taxi.
Winner Best of Show Macworld 2003

http://www.musesmuse.com/masterwriter-songwriting-software.html

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E d i t o r ' s   M u s i n g s :

-----------------------------------------------------------------
Well, it's finally happened. :)  The site has switched over and
I'm hoping that by now, many of you have had a chance to check
out the new additions and see how the site operates.  As
mentioned, the *look* of it hasn't changed.  It's still the same
graphical structure.  But the way it operates behind the scenes
has changed pretty dramatically. (And if I *want* to change the
design of it in the future, it'll be a lot easier to do.)

You'll find a TON of updates.  There's a whole bunch of new music
reviews (and they've been listed below in this newsletter) at
http://www.musesmuse.com/musicreviews.html, and a bunch (five!)
of new columnists at
http://www.musesmuse.com/menu-columnists.html . There's a place
for new articles at http://www.musesmuse.com/articles2.html and a
new Radio Muse show (#16!) online too at
http://www.musesmuse.com/radiomuse-16.html . 

Please do feel free to have a detailed look around and let me
know how well you feel the site runs (speed-wise, I mean).
Please also let me know if you find broken links or anything of
that nature.  I need to hear about these things in order to fix
them! :)  

I'm also VERY pleased to announce that Rick Hendricks from the
Netherlands, has won the $200 scholarship towards his attending
the 1st ANNUAL How Songwriting Really Works Retreat in Vancouver
BC, Canada, August 12-17, 2007.  Congratulations, Rick!  I know
you'll have a great time. :)

Here are the raffle winners for this month:

* James Niemi from Ypsilanti, MI, has won a copy of 
Virtual Studio Systems' Lyricist software
(http://www.musesmuse.com/vss-review.html).

* Ray Withrow from Huffman, TX has won a free 3 month
membership to SongU.com, an Internet-based learning environment
providing online coaching, co-writing and pitching opportunities,
in addition to over 70 multi-level courses developed by
award-winning songwriters. 

* Lorenzo D. Policelli from Toronto ON, Canada, has won a copy of
"How To Get Somewhere In The Music Business" by Mary Dawson
(reviewed below)

And once again, if you'd like to be considered for
a raffle prize in the future and you haven't yet received one,
please do contact me and let me know what raffle prize you're
interested in receiving.  They're all listed at
http://www.musesmuse.com/musenews.html .  I'll also need your
contact info in order to get the prize to you.

Once again, thank you very much for your patience.  I hope you'll
find the changes and additions to the site worth the wait.

In the meantime, enjoy the newsletter!  There's tons of new
information in here, too!

All the best,

--Jodi

Back to Menu
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S p o n s o r   M e s s a g e : 

(Many thanks to the sponsors that help support this newsletter!)
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STUDIOTRAXX.COM: BREAKING NEW GROUND - FOR YOU!

StudioTraxx.com provides an e-commerce platform that allows
artists/bands to purchase and book time with musicians,
engineers, producers, and other music professionals for online
studio collaboration purposes. They facilitate the entire music
production process from beginning to end — from finding and
booking the right talent to managing all resulting collaboration
activities.

StudioTraxx is actively building its talent network and is
encouraging both those who offer services and those who need
services to sign up and register. There are no costs to join the
site. Creating an account is FREE. 

http://www.studiotraxx.com/?partner=837

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M u s i c   R e v i e w s : Alex Jasperse, Rick Marchetti, 
                            Jon Stewart, Chip Withrow, JJ Biener,
                            & Francesco Emmanuel
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NEW MUSIC REVIEWS SINCE LAST MONTH INCLUDE:

Alex Jasperse:

* Nascent
http://www.musesmuse.com/mrev-nascent.html
* Norine Braun
http://www.musesmuse.com/mrev-norinebraun.html
* Tom Smith
http://www.musesmuse.com/mrev-tomsmith.html
* The Former Champions
http://www.musesmuse.com/mrev-formerchampions.html
* Scotty Griffith
http://www.musesmuse.com/mrev-griffithcurare.html
* Mahlon Hoard / Slicnaton
http://www.musesmuse.com/mrev-hoardslicnation.html
* The Warm Guns
http://www.musesmuse.com/mrev-thewarmguns.html
* Tauk
http://74.220.192.34/mrev-taukride.html
* Ironlight River
http://74.220.192.34/mrev-ironlightriver.html


Rick Marchetti:

* Woody Bradshaw
http://www.musesmuse.com/mrev-woodybradshaw.html
* Tim Prince
http://www.musesmuse.com/mrev-timprince.html
* Rick Devin
http://www.musesmuse.com/mrev-devin.html
* Christina Ray
http://www.musesmuse.com/mrev-christinaray.html


Jon Stewart:

* The Hideaways
http://www.musesmuse.com/mrev-hideaways.html
* Deron Wade
http://www.musesmuse.com/mrev-deronwade.html


Chip Withrow:

* Dave McGraw
http://www.musesmuse.com/mrev-davemcgraw.html
* Teague Alexy with the Feelin Band
http://www.musesmuse.com/mrev-teaguealexy.html
* Backseat Driver/No Outlet
http://www.musesmuse.com/mrev-backseatdriver.html
* Blue Line Highway
http://www.musesmuse.com/mrev-bluelinehighway.html
* Reina Collins and Rob Barteletti
http://www.musesmuse.com/mrev-collinsbarteletti.html
* The Rounders
http://www.musesmuse.com/mrev-rounders.html
* John Hadfield
http://www.musesmuse.com/mrev-johnhadfield.html
* Tim Hirons
http://www.musesmuse.com/mrev-timhirons.html


JJ Biener:

* Asylum Street Spankers
http://www.musesmuse.com/mrev-asylumstreet-no.html


Francesco Emmanuel:

* Amber Schneider
http://www.musesmuse.com/mrev-amberschneider.html
* sam Hell
http://www.musesmuse.com/mrev-samhell.html

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                         ******

For bios on each of the reviewers, see
http://www.musesmuse.com/musicreviews.html . If you're considering
sending in your own CD for review, you can also view that page to
find out which reviewer reviews your genre. Thanks!

Back to Menu

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N e w   A r t i s t   S p o t l i g h t   A d d i t i o n s :  

Great music is only a click away!  
Here are just some of the great CDs highlighted in the 
Artist Spotlight section of The Muse's Muse at
http://www.musesmuse.com/artistspotlights.html 

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Naz B - Genre: RAP & HIP-HOP

This Zurich-based Rapper talks about the real streets and real
stories, about real people - stories from all over the world,
anthems for a global Hip Hop generation, not some diamonds and
cars fantasy world. Naz B brings together a creative crew around
him from all over the world, mixing different flavours together
in a cultural melting pot.

http://www.nazb.com/

-----

John Brendan Russell - Genre: COUNTRY

Humor collides with amazing country melodies! "Family Portrait"
explores family life with wit and warmth. The arrangements run
the country spectrum from "Newgrass" to "Americana". John Brendan
Russell's songwriting is influenced by Jim Croce and Jerry Reed
and their ability to tell great stories with humor.

http://www.johnbrendanrussell.com/

-----

Mark DuBerry - Genre: ELECTRONIC

The music on 'Head Room' is rich and complex and is mostly
instrumental, with some atmospheric vocals. Acoustic and electric
guitars feature throughout along with electronic instruments and
strong rhythms. World flavours come together with dance,
progressive rock, jazz and ambient influences to produce a lush,
vibrant and powerful sound.

http://www.markduberry.com/
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S o n g w r i t i n g   B o o k   R e v i e w : by Ed Teja

THE SONGWRITER'S JOURNAL
By Stan Swanson
http://www.stonymeadowpublishing.com/
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For some folks the hardest thing about songwriting is simply
getting going. They need a trigger, an inspiration that will get
the musical or lyrical flow started. This journal is aimed at
filling that need.

To a certain extent this is a lyric-centric book. Many of the
inspirations it provides come in the form of word play that get
you thinking lyrically. But the author does not ignore the need
for musical inspiration for your songs. There are inspirations
relating to chord progressions, and note combinations, and
exercises that are aimed at getting you to explore new musical
ideas. And some of the exercises try to get you to break out of
writing the songs the same way every time, whether you are a
lyrics-first, music-first, or an ambidextrous both-at-once type.

Although the author says there is no correct way to use the book,
the fact that it is formatted as a journal, with space for daily
notes and thoughts, suggests that getting maximum benefit from
the book means using it as a few moments of daily inspiration.
(What those few moments of inspiration lead to might take more
than a few minutes, however.) And developing the habit of working
on songs every day is certainly a good start all by itself.

_The Songwriter's Journal_ provides a year of inspiration—four
pages for each week. The first page is the journal page, where
the author encourages you to jot down something every day. Next
come two pages of inspiration. Each one has songwriting
exercises, some song titles, a chord progression,
word-association exercises (I found that these worked in
interesting and curious ways,) an anecdote about a famous
songwriter, an inspirational quote, a song idea, a note sequence,
power words, that is, words that demand the listener's attention,
provocative (not necessarily good) song titles, clichés and
expressions to think about, some notes and thoughts about a hit
song, and a section the author calls the songwriter's toolkit,
which is really a series of recommendations of books and software
that might be of help and, unfortunately, the section of the book
most likely to date it quickly. The last page is a page for
starting song ideas that is divided into lines for notes, a
couple of treble staffs for jotting down note ideas, and some
blank chord charts.

The advantage of the journal is the proximity of the notes and
thoughts to their source. This can help solve the "what was I
thinking of?" dilemma that arises when you drag that crumpled
piece of paper with a barely legible lyric fragment out of a
pocket or drawer.

In reviewing songwriting books, it is important to ask the
question: "Will this one help someone become a better
songwriter?" In this case, it should make anyone a more prolific
songwriter, which will provide the opportunity for improvement.
It should help tickle a sleeping muse awake, and that can't hurt.

                           ******
ABOUT THE REVIEWER:
Ed Teja lives in New Mexico, USA, writing songs and
instrumentals, and trying to find them loving homes. Performing
since the early 60s, he has appeared at strange venues in Hong
Kong, Canada, St. Martin, Bequia, Venezuela, Grenada and
Trinidad, as well as the Silver City (New Mexico) Blues festival
in 2003, and the Tucson (Arizona) Folk Festival in 2006. Working
as a magazine editor and freelance writer, his articles appeared
in magazines ranging from Pro Sound News, BYTE magazine, to
Import/Export, and with book reviews in THE SOUTH CHINA MORNING
POST, and The Midwest Review of Books.

Find out more about Ed at: http://www.geocities.com/edtejaBack to Menu
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             S p o n s o r   M e s s a g e : 

(Many thanks to the sponsors that help support this newsletter!)

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

LYRICIST VERSION 3: THE SONGWRITER'S BEST FRIEND

Lyricist is the first-of-its-kind word processor designed
specifically for musicians, songwriters, and poets.  The software
includes a Rhyming Dictionary, Thesaurus, Album Categorization,
Chord Charting, Chord Generator, Song Arrangement, and On-Line
Copyright Link.  

The new version 3 release adds support for "Piano Style" chord
symbols, Nashville Number System, and Transposition features -
all in one easy-to-use package - and all for only $44.95! (That's
$5.00 off to all Muse's News readers who purchase from the review
link at www.musesmuse.com/vss-review.html!)

This tool will revolutionize the way you write and organize your
writing.  Be the best songwriter you can be and purchase Lyricist
today!     http://www.musesmuse.com/vss-review.html.
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M u s i c a l   N o t e s : Songwriting Contests & Market Info.

In the interest of conserving space, I will only be including
changes to this listing in this newsletter.  All other contests
and market information that have already been listed here, are
displayed at http://www.musesmuse.com/contests.html &
http://www.musesmuse.com/markets.html . Please check there
regularly for updates!
-----------------------------------------------------------------
1st ANNUAL How Songwriting Really Works Retreat, Vancouver BC
Canada
August 12-17, 2007 with Wayne Chase, author of How Music Really
Works

How Songwriting Really Works: Techniques & Secrets of the World’s
Greatest Songwriters is designed for songwriters committed to
writing songs that will stand the test of time. Retreat leader
Wayne Chase is the author of How Music Really Works, a
comprehensive presentation of the music and lyrical techniques of
writing classic songs. This retreat will be unlike anything else
available anywhere in the world. Wayne is a music scholar and has
studied music and language for over 25 years from the perspective
of how our brain processes words and music and the emotional
value of words. Wayne holds 5 patents in connotative analysis and
is one of the worlds leading experts on the emotional meaning in
language. Wayne is also the creator of the Gold Standard Song
List, a compilation of 5,000 of the greatest songs of all time in
11 genres. Details on Wayne’s work at
http://www.howmusicreallyworks.com/Index.html. The all-inclusive
cost for the 6-day/5-night event including 14 meals, beverages,
snack, full use of resort amenities, adventure activity and all
workshop sessions starts at just $620 US per person (camping
option) with advance registration.

Event Organizers: Bryan Fogelman: bryan@reorafting.com and Amber
Kendall: amber@reorafting.com
Phone: 800-736-7238 (9-5 PM PST)

Visit:
www.reorafting.com/site/retreats/muse--s_muse_prize_draw.html for
a free $50 gift certificate for this retreat.  These discounts
will only be offered until August 10th!

The winner of the $200 scholarship prize was Rick Hendricks from
the Netherlands.  Congratulations, Rick!
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THE 2007 SUBCANVS UNPRODUCED SONG AWARD

Just the song: Your solo voice + one instrument. In an effort to
encourage artists to quit hiding their songs behind unnecessary
production, Subcanvas magazine is awarding $1,000 for the song
that looks best naked--stripped down to its essence. The rules
are simple: an original song recorded with no more than your
voice and one instrument. It's only $5 to enter and you can enter
as many times as you want. The deadline is November 10 and the
winners are announced December 10. The top 12 will be featured in
the SUSA2007 compilation cd and will split the profits.
To enter, go to http://www.subcanvas.com/.
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ANNUAL CLONMEL SONG CONTEST IN IRELAND

It's that time of year again. The Closing date for entries this
year is August 31st. The prize fund is 4000euro of which the
winner gets 2500euro second gets 1000euro and third gets 500euro.
Each get an engraved Tipperary Crystal Trophy and the winner's
name joins the four previous winners on the Tipperary Crystal
Perpetual Trophy.

The Grand Final will be on Friday, November 2nd at the White
Memorial Theatre, Wolf Tone St., Clonmel. This is now turning out
to be a great party night as well as being a serious night for
songwriters as it is becoming recognised as the biggest contest
of its kind in the Country. Above all it is a platform for
songwriters and a means of getting to sing your songs in front of
an  appreciative live audience. For details visit
http://www.clonmelnationalsongcontest.com/

I look forward to logging your entries and starting the process
all over again for 2007.
Keep it original. Best of luck and wishes.
Contact: Mike WalshClonmel Song Contest,Ardfinnan,Clonmel,Co
Tipperary,Ireland.
Tel. +353 (0)52 66320 Mobile;+353 (0)87 210 2021E-mail;
info@clonmelnationalsongcontest.com
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THE INDIE GUIDE IS ON SALE FOR $10.95 AND INCLUDES THE INDIE
CONTACT GUIDE!

For a limited time only, North Shore Records, Inc, in celebration
of tour season and music success has put The Indie Guide on sale
for $10.95 plus shipping. The normal cost is $25.95 plus
shipping. In addition to the 190-page book, The Indie Contact
Guide, which contains thousands of contact names, address, email
addresses, phone numbers and contact names will be included. 
To Your Music Success!  http://www.theindieguide.com/
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3rd ANNUAL WRITERS IN THE ROUND CREATIVE RETREAT, 
Star Island, Rye, New Hampshire - next town over from Portsmouth,
NH - For songwriters and poets. September 6-9, 2007 with Bernice
Lewis, songwriting instructor and Mark Decarteret, poetry
instructor. Email Conference organizer Deidre Randall, songwriter
and poet, at talk@witrhome.org or call 603-205-0552 for info.

The Writers in the Round Retreat on Star Island is a multi-day
creative retreat for songwriters and poets in a beautiful natural
setting. The retreat is a time for creative growth in a safe
environment, fostered by instructors who are experts in their
art, be it songwriting, or poetry and who are whole-souled in
their approach to life. The small group experience consists of
classes for instruction, workshops for creative expression, and
evening programs, which support a healthy group dynamic.
Participants are encouraged to take risks and push themselves to
explore new aspects to the process of writing. Honesty,
compassion, and humor are qualities valued by retreat organizers
and participants. Past participants report publishing poetry
written on island, and increased or renewed musical performing as
a result of the retreat experience.

Details on the WITR Creative Retreat, Writers in the Round weekly
live radio show and ongoing live event series can be found at
http://www.witrhome.org/. The all-inclusive cost for the
4-day/3-night event includes meals, lodging in an historical
hotel on a beautiful island, a 30 minute boat trip to and from
Rye, NH and all workshop sessions. Packages are from $351 for
triple occupancy, $368 for double, and $422 for a single room,
per person. Deposit of $150 is required for registration and
balance of payment is made on island. 
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DOWNLOAD YOUR FREE COPYRIGHT KIT

Download Indie-Music.com's free and easy Copyright Kit. Print
Copyright forms, Copyright submission process, handy tips &
tricks, choosing the right form, and more.

http://www.indie-music.com/freemuse.php 
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FREE SONGWRITING, FILM, TV, AND VIDEO GAME SUBMISSIONS AT
MUSICGORILLA.COM!

MusicGorilla.com works with Songwriters, Bands, Musicians, and
Artists to get their original material into the eyes and ears of
industry members who have the ability to take their careers to
the next level. We work with Reps from all facets of the Music
Industry. Our artists have the opportunity to submit their songs
to established artists looking for new material. In addition, our
clients get access to submissions for film, TV and video games,
all of our submissions are FREE. MG Artists are eligible for free
live label showcases, digital distribution with MSN and Loudeye
and more. We don't take any piece of any deals made on our site,
and have had many successes including placement, songwriting and
publishing deals.

Muse's Muse artists get 10% off of memberships!
Just enter the promotional code "muse" during registration.
http://www.musicgorilla.com/ 
-----------------------------------------------------------------
SONGWRITING CONSULTATION SPECIAL OFFER: 

Pete & Pat Luboff will pay for the phone call for Muse's Muse
songwriters who use the Luboffs' songwriting consultation
service. The service provides detailed, constructive song
analysis, answers to all your creative and business questions and
references to contacts when appropriate. Visit
http://www.writesongs.com/consults.htm for more information.

Back to Menu
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M u s e ' s    C l u e s :  by Irene Jackson

©1998-2007 Moonstone Productions All Rights Reserved. 
Used By Permission

-----------------------------------------------------------------
When I first started to hang out on the internet, audio files
were almost non-existent, and images (which downloaded VERY
slowly) were cumbersome but so exciting to see.  Most sites just
had the good old gray background and Times New Roman text!

Because I was a songwriter, I started to look for other
songwriters "out there" and then I decided to build a website
around the subject, writing articles and promoting myself and my
music on the side.  And then I thought it would be a really good
idea if I offered to critique other's songs, which I did for a
long time until it got to be too much work!  Critiquing helped me
more than it did the writers whose songs I critiqued, I think.
It taught me a lot about PAYING ATTENTION to the elements that
work in a song and those that don't.  I ended up writing an
article called "Critique and LEARN" all about my experiences.

Boy, have things changed.

Fast forward now to the present, where there are literally
millions of songwriters and artists out there on the web, all
vying for attention one way or another.  These days the
statistics say that more young people find new music on the web
than they do anywhere else.  Radio stations and record labels
don't have the same clout as they used to, and independent
artists have a way of exposing their songs to listeners
completely bypassing the traditional methods.  But do they
succeed? 

The fact is that the level playing field that the internet was
supposed to create made it nearly impossible to be heard at all.
And over the years, some clever people have found ways to build
websites around the idea of giving music fans a place to hear all
kinds of new music.  MP3.com was the first big player and as far
as I can see it, still the most successful by far.  When it first
started, I joined up and didn't do too badly myself!
Soundclick.com is still out there, among others, and Garageband,
which started out as a way for people to judge songs in order to
determine which ones would end up highest on the charts, did
pretty well too. 

And now Ourstage.com (http://www.ourstage.com/) is a more recent
entry into the "fans-finding-bands-finding-new-fans" foray.  You
can join up and judge songs where, according to their website,
their "judging system gives every artist a fair shot, because it
is a non-gameable system that makes sure fans are heard and
cheaters can’t win".  You don't get to pick the songs you want to
judge, they are given to you two at a time, with an option to
sway more towards one or the other, or remain neutral.  If you
join up, you can judge as many as you want in any category you
want.  Then you can see what percentage of other listeners agreed
with your judgment. 

But besides directing you to a place where you can find and judge
new artists you've never heard before, as a songwriter what's in
it for you? The "45 Second Rule", that's what.  Have you ever sat
at a demo critique before?  Well, I have, more than once.  How
much time does the panel spend on a song?  They used to say verse
and chorus and that's it.  But I often noticed that it was even
less than that!  That's when you realize just how many
songwriters spend far too much time on an intro.  And you could
see the panelists' bored and tired faces.  Publishers, they say,
spend even less time.  If the first few bars don't catch them,
the song's out the door. 

As a songwriter, especially if you are trying to market your
songs, you need to know these things.  And one way you can really
know them is to hear for yourself, in an unbiased and objective
way, what they are hearing.  That's where Ourstage.com can teach
you a lot, just as critiquing songs taught me over the years.
You don't have to join up to judge, you can do so right away for
three sets of songs...this will give you a little taste of how it
works.  The website depends a great deal on Flash, but it is easy
to navigate...just hit the "Judge" button and pick a style and
you are on your way.  You can even upload your own songs, but so
far that is only open to US residents.  Eventually they want to
open it up to more countries.  Oh, and you can win money too.
But that's not the point... 

Three sets of songs wasn't enough to judge for me, so I joined up
and went through a dozen or so pairings.  And guess what I
noticed first?  That's right, 45 seconds was too long to listen
to some songs!  I also noticed recording quality.  As songwriters
we always want to think that the song will stand out regardless
of how it's recorded.  Well, when you're a publisher, you don't
give a hoot about things like that.  And if you take a listen on
Ourstage you'll probably notice the same feeling.  Vocals plays a
very big part too...if a song has a great intro, good
instrumentation and really pulls you in and then suddenly a meek
and rather unremarkable voice starts singing, you notice!  If the
guitar isn't tuned, you notice.  If you can't remember what the
name of the song was because you never heard it sung in the
lyrics, you notice.  When the melody meanders or the words don't
make any sense...you notice.  All of these things you've been
told are actually true, and this is an excellent way for you to
hear for yourself. 

So, if you've got a little time on your hands (it doesn't take
much!) and you think you'd make a excellent judge on one of those
Idol shows, I'd suggest you try it out and see if there isn't
something you can learn about your own writing in the process.
Just as I did doing all of those critiques.

Oh, by the way, there are some really good quality songs on
Ourstage too, don't worry.  You'll notice. :)

                         ******
						 
Irene Jackson is a performing songwriter from Victoria, BC in
Canada. Aside from writing, recording and performing, she also
maintains a website for songwriters that includes tips, articles
and a songwriter's messageboard.

Songwriting Tips: http://www.irenejackson.com/tips.html
Homepage:         http://www.irenejackson.com/
Songs:            http://www.soundclick.com/irenejackson
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F e a t u r e d   A r t i c l e : by Brian Lee Corber © 2007

Royalties and the Law: The Informal Resolution Processes of the
Three Domestic PRO's - A Brief Analysis
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Let's say:  you're a writer-member of a domestic PRO and you have
a complaint about a royalty statement or payment.

What do you do?  

Well, each PRO has its own way to deal with such complaints. You
can attempt to call an executive at your PRO to complain.  But,
if that informal phone call fails, you might have to try
something else.  What internal procedures do the 3 PROs have to
resolve member complaints?

ASCAP:  let us start with the biggest domestic PRO.

ASCAP has the most formal of the "administrative
remedy-processes" of all PROs.  The procedures are set forth,
principally, in its ARTICLES and its Rules and Regulations, as
well as in its Board of Review rules.  You start by addressing a
written complaint stating that you want to complain to the Board
of Review and stating why you want to complain (this is called:
the "Protest").  You send this to ASCAP's secretary, identified
in their list of officers found on its website, (you should also
cc ASCAP's lawyer, Vice-President Richard Reimer) usually by US
mail or by personal delivery--or you can e-mail "the protest" to:
boardofreview@ascap.com.  Keep hard copies of anything you
e-mail.  Within a few days, your complaint is to be distributed
to the secretary of the Board of Review and ASCAP's counsel
(i.e., Reimer).  A hearing is to be scheduled within a
"reasonable time."  ASCAP should send the complainant a copy of
applicable rules for the hearing.  You, the complainant have the
burden of showing the error in the distribution.  At the hearing,
you can have a lawyer represent you (be sure they know something
about the music business as well as ASCAP).  ASCAP can also be
represented by the lawyers and employees that they designate.
Your complaint letter is treated like "your first shot."  You can
request "discovery" (to look at documents held by ASCAP)--nothing
in the rules provides for things like depositions, a valuable
tool often used in litigation of most civil matters.  ASCAP can
also ask for review of your documents.  You have to show them
what you intend to introduce at the hearing.  The Board of Review
determines if a request you've made to see evidence is proper.
Although meetings to determine the complaint are held in New
York, they can be held by teleconference, video conference or in
person, or a combination.  As such, it makes no logical sense to
this author that hearings be held, physically in New York City.
The hearing on the protest can be waived, as well.  The hearing
is supposed to be informal, but it would be wise to consider them
as being a tribunal not unlike an adversarial legal arbitration
proceeding.  The evidence that may be allowed is up to the Board
of Review (those members present or participating at the hearing)
and doesn't have to conform to legal rules of evidence.  There
are rules for how the meeting may be conducted, which should be
reviewed in detail, but consider that the Board may depart from
such rules at your meeting.  It is a good idea to take guidance
from your legal counsel in the acceptance of what is said or
represented at the hearing.  ASCAP, in their own rules,
encourages the protesting member to be represented by legal
counsel (especially in certain proceedings of the Board when that
person is a so-called "accused member"), a universally wise
encouragement which bears repeating.  

The meeting is purported to be confidential.  The decision of the
Board is purported to be final, but may be appealed to the AAA
(the American Arbitration Association), purportedly the one
located in the city of New York, but this may be superseded by
federal law pertaining to arbitrations.  The AAA rules then apply
in those proceedings.  Be careful in choosing the arbitrators who
will rule on the appeal and investigate each prospective
arbitrator.  The AAA may reverse or modify the decision of the
Board of Review.  The AAA's decision is purportedly final; the
protesting member has no recourse to the courts, according to the
Articles, but that may run afoul of federal law on arbitrations.
In protester Peter Myers's situation, for example, he filed an
action in the Los Angeles Superior Court to overturn the decision
of the New York AAA to whom he had appealed a decision in a
protest he filed to ASCAP's Board of Review, which may seem
improper, on the surface, but was based on federal case law on
the subject of overturning arbitration decisions.  Myers
ultimately lost his Los Angeles case on appeal to the California
Appellate Court for some reasons that are at best, perplexing.
Despite Myers's situation, the decision of the California
Appellate Court is not necessarily one to expect in another
situation.  Despite ASCAP's Rules and Regulations, it is the law
and the courts that ultimately decide issues of venue and
jurisdiction.  This is yet another good reason to have a lawyer
advise you who is knowledgeable about the music business, about
ASCAP, and about the law, in general, especially on issues such
as venue and jurisdiction.     

Copies of the decision of the Board of Review may be obtained for
free, on request, by any member of ASCAP.  The copy may be
redacted to extract confidential information as provided by the
Rules.

BMI:  does not appear to have any in-house dispute resolution
procedures.  The contract between BMI and a writer member or
publisher member only provides that a dispute of any kind shall
be submitted to the AAA in New York City for arbitration under
AAA rules.  The AAA award is purportedly final and binding and
conclusive and may be confirmed by a judgment in the New York
State Supreme Court (their trial court level) "or any other court
having jurisdiction."  This last part may warrant some
consideration about California's jurisdiction over the matter,
for example.

SESAC:  in neither its publisher member contract nor its writer
member contract, appears to have any procedure, internally, or
informally, for resolution of disputes of any kind between the
member and SESAC.  The contracts merely provide, under the
"miscellaneous" provisions that the agreement is to be construed
under New York law (a matter, ultimately, of discretion for the
judge who might decide the matter) and that all claims regarding
the agreement are to be submitted to the exclusive jurisdiction
of the courts of the State of New York or the federal courts in
New York city (also a matter of discretion on the part of a judge
looking at the issue). 

It would be wise to consult an attorney with respect to
consideration of any lawsuit against SESAC, as the issues are, in
some respects, quite complex and subtle.  Those issues pertain to
matters of, technically, venue, jurisdiction and "choice of
laws." 

*****

This, therefore, has been a summary of the resolution processes
of the three US PROs.  Due to the shortened length of this
article, all details of such processes could not be described,
especially as some are unduly technical and filled with legalese.
For further information, one should seek the services of an
attorney knowledgeable about such matters for further legal
advice and counsel.

Should it be necessary to consider taking action beyond the
resolution processes described in this article, you should
consider consulting an attorney.  The author may, in a future
article, consider the issues involved in an actual lawsuit
against any of the domestic PROs, which pertains to aspects of
subject matter jurisdiction, jurisdiction over the particular PRO
by the specific court in which a lawsuit is to be filed, and
proper venue in such specific court.  All of these considerations
are governed, ultimately, by the law as well as the terms and
conditions of the contracts between the particular PRO and its
member.  

*****

Caveat: all statements in this article are the opinions of their
author and not intended as legal advice or counsel; no warranty
or representation is made as to the accuracy of such statements.
Should you desire legal representation, you should hire an
attorney of your own choosing.  For more information, you may
contact the author privately. 

*****

                              *****
							  
© 2007 Brian Lee Corber (CORBERLAW@aol.com; (818) 786-7133).
Brian Lee Corber has been a California lawyer for over 27 years
emphasizing civil litigation, entertainment law and music
business law and intellectual property.  He has litigated against
ASCAP and studied all three domestic PROs intensely for the last
8 years; he has lectured on the music business for Cal State
University and the Film Music Network; he offers his consulting
services to other attorneys litigating music matters and clients
seeking legal advice in their music businesses.	

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    " O N   S I T E "   F E A T U R E D   A R T I C L E :

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and brand new columnists that have been introduced.  You'll find
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Kids these days aren't experiencing the same things kids in
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