Our 8th Year On The Web...


Thank You For Visiting ProfessorPooch.com!

"How to Get In, Survive and Succeed in the Music Business -
Without Getting Ripped Off!™"

This "Educational & Informational Music Business Site" is here for:

Beginning, Up-and-Coming, As Well As "Seasoned"
Singers, Musicians, Groups, Bands, Managers,
Songwriters, Publishers, Producers,
Production Companies, &
Indie Record Labels


Professor Pooch on: MySpace


IMPORTANT: Click Here -> Copyright Registration Has Changed



Dear Visitors:
They say that Recordings and Music aren't selling... WRONG! Music is selling more than ever!!! It is just selling DIFFERENTLY. Let's face it, for just one example, how many Artists, Bands, etc., have you ever heard of, that aren't signed to Major Record Labels, get their records "Scanned" when they sell them at gigs and through Web Sites?

It's the Major Labels that are going to have to adjust - adjust to what the Public wants... With the advent of technology and the Internet, as a major source of product, publicity, promotion and sales, the Music Biz is changing rapidly from what the Industry had gotten used to - into a whole "New Model".

Whether you want to deal with the Majors, or would rather go with, or start an Indie Label, we're here for you. I promise to work hard at keeping you up-to-date, because, simply put - it's my "job", as Consultant to the Industry... But do remember, as the saying goes: The more things change, the more they remain the same. That is, you still have to know and be great at "The Basics".

"professorpooch.com" is all about helping people get into the never boring Music Business. No matter whether you're into the Creative and/or Business and/or the Legal side of Music, you should find plenty here to benefit you.

I've worked very hard to make this Web Site a positive experience: fun, useful, informative, very easy to navigate, fast - and free. Everything is written in easy-to-understand "people talk"! All the links are in the left and/or right columns, and direct you to the exact destination. By the way, there's a lot more "inside" than you think - there's a ton of free insights...

And, please don't be shy about sending in any comments you have on the site. And, if you have any questions about the Music Biz, send them in! We answer them for free on the site under the Ask the Professor link. And, if you want to take a peek into the Professor's brain, check out his "Poochisms"!

Yes, Professor Pooch is also on MySpace--> Professor Pooch

Oh... and don't forget to mention professorpooch.com to everyone who's into learning about, or becoming successful in...

"The Music Business"


A Holiday Season Note, 2008...

Re: The Economy & the Music Biz

As everyone has seen or noticed in one way or another, the economy has hit a major low point - the worst in many, many years. Now it is not my idea to bring people down, so I'll tell you some good news…

When people are down, whether for the economy or other reasons, they want something to bring them "up". They want to be entertained in one way or another. And, because of that, the music biz often thrives in a recession.

Well, you say, it costs money to go to a musical event or buy a CD. True. But it's much cheaper than flying off to an island vacation many wanted to treat themselves to this year, and/or countless other ways they intended to normally amuse themselves or escape their situation. In comparison, Music is much less expensive than most forms of entertainment. Therefore, we entertainers can enjoy a career we love, while helping people forget their drudgery jobs and lowered pay in this insane economy.

Many of the people who write me tell me that they, too, are caught in this money crunch that's enveloped the world, and really want my Educational CD on the Music Biz, - but they just can't afford it. [For those of you who don't know, it includes my book on how the music biz operates plus the courses I developed and taught for the Art Institute of Philadelphia, etc.]

Therefore, I decided to do my part to reverse the economy and give some people a merrier Holiday Season at the same time. My often-updated for the times, easy-to-read and understand, "Music Biz On A Disk™" has been selling for $99.95 on my site [would've cost $4,000 for the same courses if I taught you at the Art Institute - where my Book was also required reading.]

So, therefore, I've decided to reduce the price of the Disk [book and courses] to $74.95 [25% off]; This Disk includes my 320 page "The Music Biz" Book and my individual courses, "Artist Development & Management", "Songwriting & Publishing", and "Producer/Production Company & Indie Label". [Total = over 700 pages]

By the way, why not find a creative way to entice someone[s] to chip in and get it for you as a Holiday Present. Hey, it's purely an educational product, and they'll feel good getting it for you - they'll be playing a big part in helping your career! Or, you can purchase it yourself as a gift for your favorite musical person! Or for yourself!

Note: I've just finished updating all the info to reflect the Music Industry as it is leading into 2009. Therefore, you will receive all the files as Downloads. [.pdf files - everyone has "Adobe Reader"]

How to get the Disk Contents at this price:

1. Check the Disk out first. Click on the pic of the Disk in the right column on this page and read all about it. There are even sample pages lower down on this page for each course.

You can then order the Disk on this page through PayPal…

[By the way, my bio, resume, etc., is on the site, also, along with plenty of testimonials about me, and what I do. This way you can check Me out - the links are in the left column of every page.]

2. Remember to MySpace me or Email me and let me know you bought the CD, and what your email address is!

Note: If you want to purchase the Disk, but don't want to use PayPal.com, let me know, and we'll work something out!

And remember, If you have any further questions, or need my help in any way, just email me at


Pooch@professorpooch.com


A New Music Business Trend Re:

Artists, Managers, and Getting a Major Record Deal...

By: Professor Pooch
(C) 2008 David J. Spangenberg


I have found that a new trend is emerging in the Music Industry regarding:

1. Artists wanting to get a Major Label or one of it's Subsidiaries to hear their music.

2. Just as importantly, actually being able to get signed to a worthwhile deal with them!

Simply put: the problems encountered by countless Artists wanting to get heard and signed throughout the years is getting worse. Of course there IS a way to solve the problem, but first you need a little background to understand the situation from both sides so you can plan accordingly.

Even starting back in the mid 80's, Artists found out that, if they wanted to get a deal with a Major Label, or one of their Subsidiaries, they couldn't even get any of them to listen to them, let alone sign them!

[I remember one of my students in the mid '90s sent a professional looking and sounding album to 117 labels - and every one came back unopened, some even a year later, usually with the words "unsolicited material - return to sender".]

The truth was, and what Artists began to realize was if they wanted to be heard by a worthwhile company, they had to go through a Manager, Publisher, Entertainment Attorney, or Known Producer.

Why? The record companies had many reasons, including, but not limited to:

1. - They got tired of dealing with hundreds of mostly "awful" tapes/CDs coming in every day.

2. - By going through a Manager, Publisher, Entertainment Attorney, or Known Producer, someone else was first screening the Artists and recordings for them.

And then, in effect, THAT Manager, or whomever, was then putting their name on the line! If one of these people started handing in bad tapes or CDs, they would get the "cold shoulder", too!

3. - They were tired of getting sued by people they never heard of, who said that the companies stole bits or all of their song.

Well, to make a long story short, if you thought the situation was bad enough, through the years the Companies got even tougher on submissions and who they would talk to. The presenters of material became too numerous and they had to whittle them down.

And it's now it's starting to come to this:

1. - Getting your music presented:

Say you are an Artist and you do have a Manager! Well, unless your Manager is well-known, or preferably, you're signed to a Major Management Company, there may be some complications along the way with your wish to get to the top. [By the way, it's often been just as hard to be signed to a Major Manager as to a Major Record Company!]

Well, first off, if you have a relatively unknown Manager, they may be able to get you heard by a low-level A&R type person. That's a great start, but it ups the odds of your recording being shot down along the way up the ladder before it ever reaches the Top Rung! [A well-known Manager (or Producer or Entertainment Attorney) will be able to reach the top of the ladder immediately, such as the President of the Company, Senior VP of A&R, or the like.]

But, let's say it makes it to the top of the ladder! They love you! You have one more hurdle...

2. - Actually getting signed to a Real Deal!

It's come to this: Nowadays it's become more and more likely that they won't sign you to any worthwhile deal unless you are signed to a Major Management Company.

First, they don't want to take chances with someone who doesn't really know the Music Business and/or doesn't have the resources to really help the Record Company, so that this person either does nothing or even messes up the works because of their lack of knowledge of the Music Biz and how it operates - which can often be confusing to anyone with all the changes constantly happening!

Now, what if you're the Artist and you're already signed to a Manager? And you may love them! And you don't want to get lost in a large Management Company that has a bunch of other Artists! Now what?

Or, you may be a Manager, who has been with and helped develop, and achieved a close bond with an Artist - and you don't want to lose them or take an inferior deal for the Artist and yourself with a lesser Company! Now what?

There IS an answer! If you're a Manager, or an Artist there IS a way that will work and will be acceptable to the Labels. Simply put: The Manager goes into a "Co-Management" deal with a Major Management firm. That is, the Artist actually has 2 Managers. And, actually, this may turn out be the best of both worlds for both the Artist AND their Manager.

For the Artist: You'll have a personal, Personal Manager looking out for you; someone you're comfortable with and trust, and who will make sure you're protected from, and not forgotten by, the larger company.

And, you'll have the benefit of being associated with a large company with all their people/contacts and other resources who can do so much for you - all that is necessary to compete in this crazy Music Biz world.

For the Manager: You'll have help with resources [film and TV placements, plus "Branding" and the like, etc.], the knowledge of the ever-changing Music Biz and what to do, and a staff to handle all the insane things that pop up and have to be dealt with every day.

Here's how it works: Depending on the situation/company, the Management Company will either:

1. Ask the present Manager to sign a Co-Management Agreement with the Manager, or...

2. Will ask the Artist to sign a new Artist Management Agreement, with both the old Manager and the new Management Company now listed as Co-Managers

All in all, this can become a win-win-win situation, BUT remember to have a good and fair contract written and/or negotiated by someone like me, a Music Business Contract Specialist, or your Entertainment Attorney.

Please Re-post This in entirety for All Your Music Business Friends…

Professor Pooch
Music Business Guidance
Education & Direction
Complete Contract Services

Email: Professor Pooch LLC


Download Professor Pooch's: PoochCast™


New Commentary: "Unsigned Acts & Drawing Fans"


What to do BEFORE You Sign with ANYONE…

Before You Sign with Anyone…
By: Professor Pooch
(C) 2008 David J. Spangenberg


It is a fact that the entire Music Industry is in flux and quite a lot of time is spent by/with the people and companies trying to cope with all the changes that are occurring. Let's look at dealing with "Record Companies", for example…

Note: I put Record Companies in "quotes", because, although the Majors and their Subsidiaries are still considered Recording Companies, nowadays, the term "Record Company" may also include any Entertainment Oriented Company with tons of power and or money, such as what "Live Nation" is doing with U2, Jay-Z, Madonna, etc., for example.

Some of the newer types of deals are:

A. "360 Deals", where ALL avenues of income are included - including Performing, Publishing, Merchandising, etc.

B. "Joint Ventures", where everything is split rather equally with another Company.

C. "Up-streaming", where if you sell a certain amount of downloads or sales by yourself or with an Indie, a Major Company/Distributor takes over many of the responsibilities at that point. Sales numbers where you are "up-streamed" to a bigger Company, usually start at 25,000 - 50,000 copies.

… plus other variations that are coming into existence in the Digital Era.

But, BEFORE you even get concerned about those options, let alone any other segment of the Music Biz, you need to take care of your own Artist/Band/Group Business. That is, if you wish to succeed AND make money AND be Protected!

Simply put, there are things that you should do before you think of signing with a Manager, Production or Record Company so that you can retain at least some of the Creative, Financial & Legal Control, along with the power and proceeds.

Plus, you'll know, or at least look like you know what you are doing! This way you also have a much better chance of attracting legitimate, Professional People and Companies, and not people just trying to take advantage of you, or attracting ones who have no idea about how the Music Biz operates. In other words, prevent yourself from wasting your time - or being Ripped Off!

Here are some things you should seriously think about:

1. Sorry, but I've got to start out with, "You Don't get a 2nd chance to make a 1st Impression"! You need to be GREAT - not just "Good". There are tons of Good Artists and Songwriters. You want [need] to stand out from the crowd!

2. If you're part of a Group or a Band, there are 2 things that must be 1st agreed to before going any further:

A. Artist/Musician Status:


Is any musician[s] "more important" than any other[s]? That is, for example, are all singers/musicians considered equal in your Band, or are some "paid employees"? Another example might be if 3 in the band were together for 5 years and one just joined, maybe they'd get a lesser percentage.

B. Songwriter/Publisher Status:

Note: The Songwriter is the Creative entity who creates the Songs, and Publisher is the Business entity who owns the Songs and handles the business for the Songwriter. [There should be a 50-50 split of all income between the two!]

Some Songwriting/Publishing options for a Band, are:

i. The actual Songwriters [lead melody and words] receive all the benefits of the Songwriting & Publishing ownership and income.

ii. The actual Songwriters [lead melody and words] are listed and receive the benefits of the Songwriting, but Publishing ownership and income are split among the members of the Band/Group.

iii. All of the members of the Band and Group split the benefits of the Songwriting & Publishing ownership and income equally.

iv. Different variations of the above 3, such as, different percentages to different members, etc.

In my opinion, my favorite is "ii". Here the songwriters are credited with their creation, but the Band as a whole shares the Publishing income for their contributions - and to feel part of the team that has contributed to the finished production.

I also recommend that the contract state [I'll get into contracts, later] that it only includes songs performed and/or recorded by the Group or Band.

3. If you have a Band, you should have a "Band Agreement", which is sort of a Partnership Agreement between the members of the Band. It should cover quite a lot, including: splits of ownership of Publishing, Recordings and the Band Name, etc., splits of moneys on all accounts, what happens if you add or drop a member[s], sharing of responsibilities, what happens if…, etc., etc., etc.

4. Songwriting & Publishing

A. All Songwriters should join one [only one is allowed at a time] Performing Rights Organization. In the United States, your choices are: ASCAP [ASCAP.com], BMI [BMI.com] or SESAC [SESAC.com].

B. At the same time, I recommend you also join the same one as a Publisher.When you pick one of the PRO's, download both the Songwriting & the Publishing Applications, and fill them in, print them out, and send them in.

Note: I'm not going to go into detail here on why this is so important, but I'll simply say to you - Songwriting and Publishing is where a large chunk of your money comes from, especially if you're an Artist - and people need to know WHO to pay for your services!!!

C. Sign a Songwriter's Agreement to Your own Company! Why? In short:

i. In case you ever sell your Publishing Company you'll still receive your Songwriting Income! That Company will then know who to pay, and have an obligation to do so!

ii. It is a fact that sooner or later you'll have to split your Publishing with someone else. When you do, who is going to give you a better Songwriter's Agreement: Them or Yourself! You won't [shouldn't] leave things out that are income sources!

5. Register Your Copyrights In Washington!

Go to Copyrights for free info on the why's and wherefores.

6. I recommend you "Trademark" your name [™]. If You don't, there's a good chance someone else, will! You want to own your name - otherwise another Band, or even a Record Company or Manager will probably want to.

7. I recommend you Incorporate, probably as an LLC - to protect your personal assets.

8. If you are paying for your Recordings - you own them!

Did you ever notice the (P) on a CD or wherever. That stands for the Ownership of the Production Copyright [SR form], and will normally list the Record Company as the owner after the (P). The (c) stands for the ownership of the underlying song - Published or Un-Published.

And, if you own them, why not form your own Record Company? How? ::Poof:: Congratulations: You are a Record Company.

But yes, you should also sign a Recording Contract with yourself! That way, if you become even moderately successful on your own, they'll have to deal with you as a Record Company - and not just as an Artist. [Remember what I said in the beginning about "upstreaming?]

Without going into a ton of detail here, you'll have a lot more control of your situation - and receive a bigger piece of the financial pie! And, to take it one step further, you can even sign other bands to your label :)

9. You should learn at least the Basics of the Music Business and how it operates so you even know how to question interested parties to see if they really know what they're talking about or doing! [Beware of Name Droppers!]

A great way to start would be looking into my: The Music Biz On A Disk™

And there you go… Please take what I have recommended, seriously. If you have any further questions, please don't hesitate to contact me. You can easily check ME out by checking out my web site...

Important: Yes, I do meet privately, [in person, by phone, email], with people and companies re: Music Business Consulting, Guidance and Contracts. I can and will also handle all of your Music Biz Contract needs, including Writing, Explaining & Negotiating.

My contracts are personalized to your exact situation, so that you are completely covered and protected. I keep my prices very non-expensive for those who are just starting out. [As you make more, I make more.]

I've been involved in Music Business Contract Law for over 25 years dealing with Artists, Songwriters, Producers, etc., on the Creative Side, as well as Managers, Publishers, Production Companies and Labels, on the Business side.

Note: I am NOT a Lawyer. I'm an Educator who has taught quite a few attorneys, as well as several thousand others, the ins and outs of the Music Business, plus Music Business Contract Law, either privately, or at the Art Institute of Philadelphia, where I developed and taught their "Entertainment Law" classes.

Please Re-post This in entirety for All Your Music Business Friends…

Professor Pooch
Music Business Guidance
Education & Direction
Complete Contract Services

Email: Professor Pooch LLC


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The Home of:

"Professor Pooch"

David J. Spangenberg
Music Business
Consultant,
Advisor/Educator
Contract Specialist

"Our aim is to help guide and protect you as well as
answer any and all of your questions regarding
the Creative, Business and Legal sides of the Music Business,
in plain, easy-to-understand "People-Talk".
No matter what style of music, no matter what your role is,
no matter what stage of your career."


-> Special Holiday Price! <-

Professor Pooch's...

All-In-One Complete
Music Business
Education Center

The Music Biz
On A Disk™


Over 700 pages in easy-to-understand, simple down-to-earth language!

Click Here for More, Including Sample Pages...


Testimonials

Mr. Spangenberg,

I just wanted to send a note - what a wonderful website you have created. You have provided encouragement in the music industry without giving false expectations.

I have forwarded your web address to several musicians who may gain a great deal of knowledge just from your site.

Sincerely,
Kerry C. Swartz
Pennsylvania Council on the Arts

-----

What should most importantly be said about David Spangenberg is that he is a straight shooter. He tells it like it is and offers tremendous insight into "The Biz". If you are serious about the business that is perhaps the most extremely difficult business to break into in the world, then pay attention to "the Pooch". He has a lot to offer to help you arm yourself for that most difficult task. Trust in Pooch!

Jim Gallagher
[Grammy Nominated Former Chief Engineer, Sigma Sound Studios, Philadelphia + Engineer for many others including Stevie Wonder for 2 years.]

---

This is one fabulous site. I even learned from it. Here's to you Pooch!

professorpooch.com is a measure of Pooch's skill as a musician's best friend. As a music educator, a songwriter and his knowledge about all aspects of music and the music business, makes this site so compelling. He has definitely crafted an artful educational site for all those interested in the music business. He is a definite asset to the music business!


David Eisenberg
Entertainment Attorney
San Francisco, CA.

---

Professor Pooch has developed an indepth exploration of the ever changing music business in all aspects. With his ability to share with anyone, seasoned or the novice, interested in the music business, he also adds wit and humor, giving it more life and interest than any site I have fallen upon. Once you get to the site, you will be coming back for more. The site is absolutely fascinating and educational. Just an indication of the breadth of his talents.

Joe Mioriello

Prof. of the Arts
Las Vegas, NV.

More Testimonials...

[100's more available upon request]