From SONA’s Executive Committee
SONA Songwriters, Composers, Donors and Friends,
On December 20th, 2017 Congressman Doug Collins of GA (R) introduced the Music Modernization Act into the House of Representatives. This bill has been a long time coming. I probably don’t have to tell you that songwriters have been struggling under below-market, repressed royalty rates because of outdated regulations and loopholes in copyright law for way too long. Entire companies and business models have been built on these disadvantages to music creators, and in response, SONA was founded in 2015 to fight back.
Despite our newness, as the “little advocacy organization that could” - a grassroots, all-volunteer workforce with zero outside funding - SONA had a seat at the table to express our ideas and concerns for many of the negotiations leading up to the introduction of this bill. We observed first-hand that the most contentious points were hard fought for and compromised over. The MMA is the result of months of that back and forth between the DSPs (Digital Service Providers like Spotify and Amazon) , publishers, songwriters and the PROs, and we intend to stay in the conversation in order to exert influence over industry customs and specific details that arise as the bill gets implemented.
Meanwhile, we are going to support the bill as it has been introduced, because it eliminates the NOI (Notice of Intent) loophole and contains crucial performance rate-setting reforms, along with many other benefits. (Please see the attached chart for a more detailed breakdown of the changes the bill promises to make).
SONA believes that - on balance – the MMA will help songwriters! If you are interested, please take a look under the hood at what the bill accomplishes - the before and after - and decide for yourself if you'd like to personally support and share it with your fellow songwriters.
You may have already read social media posts advocating enthusiastic support of the MMA. We are also excited about the potential of this legislation, and we’ve worked hard to get to this point. But we have a much more nuanced, inside view of it than what we’ve seen on social media so far and wanted to clarify SONA’s position directly to you - our membership - in the hope that you will make a clear-eyed and informed decision for yourself.
And if, upon consideration, you agree with SONA’s executive committee, along with an historical number of PROs, publishers, labels, industry trade associations and creator organizations, that the bill moves the needle in the right direction towards fair compensation for music creators, please feel free to sign this petition of support and share it.
Let’s continue our mission to #gettherateright together!
Onward and upward!
Michelle Lewis and the Executive Committee
Songwriters Of North America
This newsletter's SONA member profile is on Steering Committee member Adam Dorn!
Q) What kinds of cool projects do you get to work on?
A) Originally I come from an artist and full songwriting background, so it's been weird to transition out of that into writing music to where it's about serving the picture.
These days I do all instrumental music and underscore. The projects range from music for a pixar amusement park ride to music for documentaries...TV/Film.
Q) Why did you end up moving into Instrumental music?
A) The lovely realities of our royalty-based music industry. After a successful run of licensing, royalties for my music (full songs) from my artist career began dipping and fees started going down.
I was always a guitar player as well and started to reached out to music supervisors to drum up work for instrumental music and it was a really slow process. People assume that if you do one thing, that’s all you are able to do. Slowly, through persistence and my skill set, I finally started getting them to stop thinking of me as Adam the artist or remixer and to give me a shot a other stuff.
Q) What would be some advice you would give to up and coming songwriters with regards to making a living doing music?
Being in the music biz has always been difficult. Always like rollerblading up vaseline mountains. The constants that I think are important to songwriters, producers and musicians are building a good community and constantly strive to learn more about the tools you can use and theory of music. Constantly write with other people, collaborate and immerse yourself. And don't forget to make some simple goals.
When you're first starting out, figure out a way to get yourself around people you admire in a non-stalker way. I'm a 2nd generation musician. My dad wrote a letter to head of capitol for Ray Charles saying he had some ideas. I wrote a letter too when I got old enough to people I admired. You'd be amazed how much access you can get by simply reaching out.
An don't forget - a good attitude, good work ethic — will get you a really long way. Work always has points in time when it slows down. Always keep exploring your creativity.
Q) Why is being part of SONA important to you?
It's all about community, educating, supporting eachother and hopefully effecting change legislatively. It's a also a great community that’s there for one another to offer support and advice.
It's truly been an incredible experience to be surrounded by people who I would never have crossed paths with. I'm happy that I'm not too sheltered in my own studio to not have met such a soulful community.
SONA is as much about the community as the people who are trying to make changes against the evil people — this is who I choose to be in a fox hole with.
Our first Summit in April 2015 was basically organized on a dare. After an initial meeting with (our now legal advisor) Dina LaPolt, where she gave us a skeptical side-eye when we told her we could gather 100 songwriters in a room to talk about challenges facing our profession, we were on A MISSION. And we pulled it off!
We learned a lot that first year. We learned even more last year. We’re not event planners. We are songwriters. Luckily for SONA, our steering committee and passionate crew of show-er uppers are quick studies and not surprisingly, world champion collaborators. This year’s Songwriter Summit, held at legendary Los Angeles recording studio, The Village, was beyond anything any of us ever thought we could accomplish.
Food! Drinks! Silent Auction! Intimate live performances of massive hit songs! Standing room only! Mind-blowing powerpoint on royalty extrapolation and analysis!! Take our word for it on that last one, people.
Chris Horvath’s powerpoint presentation had people both on the edge of their seats and then on their feet. “I never thought a casual comment I made during an interview would be a headline in Variety,” said Chris after Variety printed a summary of our event the next day with the all-important pull quote from his comments:
“God love the superstars, but this isn’t about them.”
And therein, you have the true and heartfelt mission of SONA: To save the middle class of songwriters from extinction.
Thanks to our corporate sponsors, BMI, ASCAP and PRS and many cheers for the generous donors to our silent auction:
Sound Revolver Studios
Don’t sleep through the revolution. Come with us as we work to change the world!
Sometimes the issues surrounding getting paid in a digital world seem unsurmountable for songwriters, who would much rather be writing another song than thinking about this stuff. But #SONA is determined to be part of the solution. Here we are last night at the latest SONA Salon at the lovely Shelly Peiken's home where we wined, dined and talked with independent music publishers.
This month's SONA member profile is on Jack Kugell! Check out an exclusive Q&A with him below:
Q - Jack, you've had a highly successful and long career in the music industry as a writer and producer - what are some things that you’ve seen change over the years?
A - You used to be able to support yourself with album cuts, even if you didn’t have the lead single. Sometimes an album cut alone could support you for about a whole year while you continued to write on records, hoping for that single. Now you need to get a single to make any money and even then it's nothing close to what it used to be. In addition to that, now you are also seeing many more writers listed on songs which continues to split up the pie.
Q - You've had a ton of music featured on TV and in Films, but you mentioned to me that a lot of money tends to get lost if you aren't watchful. What’s the best way to stay on top of getting paid for your music appearing on TV and in Films?
A - No one is going to care more about your money or creative property than you will. If you know something is airing, jot down the date/time and 9 months later when your statement comes in make sure you got paid for it and if not call somebody. You are reliant upon someone turning in a cue sheet for you to get paid and mistakes happen all the time. Reach out to the production company, reach out to your PRO to see if they got cue sheets. But you have to stay on top of it. It's your money and your creative copyright. You can't assume people are taking care of it for you.
Q - Given the current musical climate, if you were starting your career now what would you have done differently?
A - Probably gone to law school (kidding) - although having that degree now might make me a better viable executive. I would say that you have to be a lot more well rounded these days. Don’t just program beats, learn instruments. Maybe learn to produce in addition to writing songs so that you can support yourself doing music instead of having to get a ton of side jobs.
Q - Any other thoughts Jack?
A - In relation to SONA, I'd just like to say that I'm really proud to be on board with Shelly, Michelle and Kay and to have come on early since the beginning. Hopefully we can make a difference so that this career that we all love — future generations of writers can continue to do what they love without a side job.
Jack's official bio:
Jack Kugell has been one of Sony Music Publishing's most versatile songwriter/producers for the last 23 years: his work spans the Pop, R&B and Country arenas - to name a few. Jack’s work has sold a combined total of 19 million units, and counting. He has worked with artists from all over the world, reaching number one more than a dozen times in many different countries.
Jack was first signed to EMI Music Publishing in 1993 but as the son of producer Marty Kugell ("In The Still of The Nite"), his first musical experiences took place as he watched his dad write and record in the classic studios of New York and Los Angeles. By age eleven, Jack knew that he wanted to be a songwriter, and what started as a hobby soon became a full time career.
Kugell's first success as a songwriter came after he penned the perennial Christmas song "Hey Santa!" for The Wilsons and the theme song for "The Carnie Wilson Show." Jack is perhaps most recognized for his #1 chart-topper "Valentine" recorded by Martina McBride, co-written with Jim Brickman. "Valentine" became a #1 AC hit as well as reaching Top 5 on the Billboard Country Singles chart and earned multi-platinum status for both Martina McBride and Jim Brickman's albums. Artists Jack has worked with include: Christina Aguilera, Kesha, J.Lo, Fergie, The Pussycat Dolls, Jim Brickman, Martina McBride, Jessica Simpson, Sean Kingston, Mary J. Blige, Wayne Brady, Taio Cruz, 98 Degrees, All-4-One, Anastacia & Michelle Williams to name a few.
Jack along with his partners Jamie Jones and Matt Wong, are songwriters/ producers collectively known as The Heavyweights. As a production team, The Heavyweights have delivered hit songs to amass collective record sales of over 35 million units. They most recently enjoyed being a part of the Disney "Descendants 2" soundtrack which debuted at #1 on the iTunes Album charts worldwide. Their cover of “Love Is A Battlefield” for Grammy-nominated Shanachie recording Artist Maysa, was just released to radio as the lead single from her current album.
The Heavyweights other endeavors include writing and producing Shontelle’s "Battle Cry", which received the historic honor of being an official theme song for the Obama campaign, as well as being included on the official Obama Campaign CD. The Heavyweights also wrote and produced Wayne Brady’s critically acclaimed debut album “A LONG TIME COMING”, which resulted in a 2009 Grammy nomination for Brady’s vocal performance on the Sam Cooke classic “A Change Is Gonna Come”. In 2015 the Heavyweights work resulted in their second GRAMMY nominated vocal for Hidden Beach Recordings Artist, Angie Fisher, for the song "I.R.S."
Jack, along with The Heavyweights, is currently developing talent, having recently signed artist Tay Beckham, to their new Imprint HEAVYWEIGHTS Entertainment in partnership with Empire Distribution. Jack continues to consistently write great songs and put his stamp on great talent.
If you were a pre digital songwriter you’ve been navigating a whole new terrain. If you’re still operating under Old Rules (as I catch myself doing on many occasion), you may be wondering why the plumbing isn’t working the way it used to. Read more ->
“there is only one question for the Court to resolve: whether the Consent Decree contains an express prohibition on fractional licensing. The answer to that is plainly no. The District Court’s decision should be affirmed.”
Q: How long have you been a full time songwriter for?
A: I've been a full time songwriter for 6yrs. I started off as an artist in Miami and noticed that a lot of my songs were getting cut for other artists and I decided to go in that direction instead of continuing to be a recording artist.
Q: How would you say you've approached the industry a bit differently that's contributed to your success as a songwriter?
A: I've learned to use publishers as allies. I'm not looking for the traditional publishing deal where you sign and they own everything you do, it doesn't really make sense anymore. Sometimes I'll sign single songs to a publisher, but I've found that not having an overall publishing deal allows me to be more flexible and independent.
Q: In terms of making a living as a songwriter - I know the question of how to ask for (or if you should ask for) songwriting fees comes up a lot. How do you feel about songwriting fees?
A: I think you should always assess the situation, but always make sure that you know your own worth. There's no one answer, each situation is different. If there's a project budget, then its fair to ask to get a songwriting fee. Everyone is getting paid. The studio, engineer, producer. Other times, if you really like or believe in a project and think that it might open more doors for you, then maybe you decide to just do the session. But you should never feel bad about asking for a fee if people are getting paid.
Q: Do you have any advice for a new writer who has been invited to a writing camp for the first time?
A: Be very open to collaborating but don't be afraid to express your ideas. Go all out - write like you are writing by yourself. Have fun and enjoy the moment. It's also important to network and continue to make connections. Knowing how to work with other people is essential to being successful as a songwriter.
A FEW GOOD MEN (AND WOMEN)
By Adam Gorgoni (Composer, Founding member of SONA)
Professional music writers write better music. There…I said it.
OK, I’m aware of more than a hint of snobbishness in that statement and that I am making a value judgment that others may not share. But I believe it is true, and I want to argue here for the social value of the professional middle-class music writer. That we will all be worse off, individually and as a culture, if the profession is allowed to go the way of the horse and buggy, if the soundtracks to all of our lives are created only by the mega-writers, the robots, and the amateurs.
A few caveats: I do not mean to disrespect the super-successful who got to the top of the food chain and stayed there. Max Martin. Diane Warren. Hans Zimmer. There will always be a small elite group at the top. And more power to them. But they can’t write all the songs and score all the films.
Similarly, I don’t mean to denigrate the hobbyists…. In fact, all of us who write music professionally were once amateurs, kids who loved music and dreamed of a career as a songwriter or a composer. The human race only produces a Mozart or a Stevie Wonder a few times a century. The rest of us have to start from scratch.
And let’s be honest, back then, when we first started out, most of us weren’t very good. We had to spend years honing our abilities, studying, practicing, studying, practicing, and then studying and practicing some more. We wrote HUNDREDS of mediocre songs that never saw the light of day. We tried and failed. Most of us didn’t make it. We weren’t talented enough, or lucky enough, or persistent enough.
But in the pre-digital age, if you were able to beat the odds and build a career, you could support yourself while you got good. Every once in a while you got lucky and somebody recorded your song, or you placed something in a TV show, or you got hired to score an independent film. You were able to eke out a living while you improved your skills.
And you did improve. You learned how to set up a great hook, or how to deftly weave a melody around a character’s dialogue. You developed what talent you did have over time and soon you had grown expertise: an enigmatic combination of perseverance, instinct, and inspiration that produces excellent, memorable work.
Let’s get real: we’re talking about music, that wonderful magical alchemy that has moved human beings since we were chanting and banging drums around fires thousands of years ago. It’s vital. It’s in our blood and bones. The physics of the cosmos vibrate according to its mathematical relationships. We literally couldn’t live without it. As a society, we need it to be the best it can possibly be.
And I would argue that most of the music that really moves you, that stamps itself indelibly onto your life, was written by professionals who paid their dues. When ET and Elliot took off on that bicycle ride, your heart would have stayed on the ground without John Williams’ score. Would that moment have had the same impact if it had been accompanied by a computer program, or a music library, or someone experimenting with software in their spare time? The same is true of the other movies and TV shows that have had lasting impact on your soul. The composer, spent years learning how to create music and marry it to film in just such a way as to make you laugh or scream or cry.
And the songs you love, the ones you remember from your high school prom, or danced to at your wedding…yes, some were written by the artist who performed them. But how many of them were written by someone fooling around in their bedroom and then posting them to YouTube? Not many. Rather, most were written by professional writers whose names you will never know and whose voices you will never hear, but who poured much blood and sweat and many tears into those exceptional songs, made them possible, gave you that elevated experience.
Think of it this way: would you want to receive open heart surgery from someone who learned how to do it on the internet, or have an attorney who didn’t go to law school and was trying their first case defend you at your murder trial? No…you would want the best you could get. The John Williams of heart surgeons. And if he or she was booked, you would want someone perhaps less famous, but who was similarly skilled and experienced (albeit not as touched by God.)
That’s who we are…the thousands of nameless and faceless hard-working small businesspeople. As Jack Nicholson said in A Few Good Men, and I paraphrase: “You want us on that wall, you need us on that wall,” writing the music that turns your black and white life to color, pen the songs you sing with your kids in the car, the melodies that resonate within your most precious memories.
We writers are not looking for sympathy. We choose the artistic life and we embrace it. And we know we’re not alone in facing job dislocation caused by technological change.
But here’s the last crucial point: we don’t make typewriters or cassette players. There is still massive demand for our product. More people are consuming more music in more ways than ever before. Record companies are having their best quarters EVER. The tech companies that profit from our labor are at the top of the Fortune 500. But our slice of the pie has shrunk to the point where even young writers, even if they are successful, will not be able to buy a house, send their kids to college, save a little for retirement. Sadly, that means there will be way less meaningful music in the world.
And as the saying goes…you get what you pay for.
The latest on SONA's lawsuit against the DOJ.
I’m happy here on planet digital where I get all the songs I want whenever I want them, wherever I go. I simply want my community to have as healthy an earning trajectory as the CEOs and label heads who are running their companies on the backs of the creators who write the songs that make their business possible.
SONA member Jud Friedman is a songwriter advocate and a multiple Oscar/GRAMMY/Golden Globe nominated writer of songs such as “Run to You” for Whitney Houston (from “The Bodyguard”), “I Don’t Have The Heart” for James Ingram and many other hits.
Recently Jud has been hard at work building a new streaming app called qWaqq which is dedicated to the “hidden gem” songs of great songwriters and which we here at SONA think is very cool: qWaqq.com.
Here is a quick video on the “The Story Of qWaqq”: https://youtu.be/Kxb4pHCmsCY
Or for those of you who prefer words to images, here’s how Jud explains the app:
“As you know, the current music streaming world and outdated legal and music business framework make it challenging for all creators. But the royalty model used by current streaming services is particularly unfair to songwriters. We only get paid a tiny percentage of streaming royalties, while almost every penny goes to record companies and artists. We songwriters need a new strategy.
That’s why I came up with the idea for qWaqq. I had just signed a worldwide publishing deal and was going through a bunch of my old songs so I could give my new publisher some guidelines. I had expected to hate all the old stuff and the stupid reverb on the vocals, wack drum sounds, etc. But actually I found a lot of great songs that had somehow slipped through the cracks, songs that I thought needed to be heard.
Then it hit me – we ALL have tons of hidden gem/shoulda-been-a-hit demos sitting in boxes in our garages and gathering dust. I decided I wanted to put out as many of them as possible - and I knew I had to do it by creating a streaming app, the most popular way we all listen to music.
Hence the core ideas of qWaqq:
1. Create a new and badly needed income stream for songwriters (and writer/artists) by streaming our old (and new!) demos directly to consumers. These demos are already existing assets which no one has to lift a finger or spend a penny to create. And they are not making any money for anyone.
2. Unlike other streaming services which award virtually every penny in royalties to record companies and artists, qWaqq will pay 100% of royalties to songwriters and publishers as the owners of the “hidden gem” song copyrights and sound recordings.
3. I love songwriters and qWaqq is a songwriter advocacy app! In a world in which songwriters aren't given enough credit, qWaqq will provide some much needed recognition, a little wizards-behind-the-curtain/mini-rock-star panache. :)
We recommend that you visit www.qWaqq.com for more info and to sign up.