Oops, We’re in Jail: The Dangers of Touring Abroad and Why We Shouldn’t Feel Sorry for Pussy Riot.

Punk music isn’t dead. It’s just imprisoned in Russia. The punk music genre is pretty much dead here in the USA.  The messages got lost in the lifestyle and it merged and morphed into other music genres. But in other parts of the world it’s alive and needed. Enter Pussy Riot, a Russian punk band founded in 2011, known for staging impromptu public performances based on Russian political life. 

This past February, the female group did one of their ‘performances’ in a Moscow cathedral in order to protest the close relationship of the Orthodox Church and the current government. The low budget guerilla performance did come with the price tag of 2 years in prison when they were convicted of Hooliganism motivated by religious hatred. It’s our version of really disturbing the peace and a hate crime. 

After their conviction this week, the world and its celebrities, are clamoring for their release. FREE PUSSY RIOT! Both fun and shocking to say. Freedom of speech is a right held dear to westerners (unless that speech is not agreed with; which is why dissenters at U.S. political rallies are rounded up and forcibly removed). But why are we surprised the Russian government acted like they did in response to this band’s publicity stunt? Like smokers who are surprised they got lung cancer because cigarettes are bad, this band should have known the potential cost of their actions and be willing to pay the price so that others do not have to. Hundreds of 80’s movies taught us Russia was the bad guy. They hate our freedom. They hate Rocky and Rambo. Their invasion of Afghanistan caused us to protest their hosting the Olympics and our athletes didn’t compete and millions of endorsement dollars were lost. (Now that we own Afghanistan, that won’t be a problem for the next winter Olympics.) 

Better said, if a shark bites a surfer, we don’t blame the shark. 

The public outcry has almost been Kony level. And like Kony2012, many who are posting on social networking and blogs have not bothered to get any information on the incident other than it’s a harsh punishment for something that would not have been as big a deal in other places. While their performance might not rise to the level of religious hatred, they certainly didn’t show the church any respect. Watch the video HERE.  Now imagine if the Occupy movement did this in a Baptist church.  Are we still chanting for their freedom?

Pussy Riot aren’t heroes. Their performance was not the best way to create the needed change in their country. True, they did spark a global conversation on free speech and political activism but now it will be much harder for other activists to protest. And if their actions do change things, and Russia follows the U.S. and only regulates the time, place, and manner, of speech – it’s unlikely a punk band would apply for a permit. And a church performance would be off limits. It’s not a stretch to say they would have done it anyways. And instead of being political activists would have been seen as disrespectful lawbreakers looking to promote their band.

When we visit another’s home, we take care to be respectful of the home owner’s rules. We might be asked to remove our shoes or avoid sitting in the host’s favorite lazy boy chair. Traveling and touring in another country is no different. There are rules.  It’s their home. And we have to respect that.

In a trip to China in 1998, I struck up a conversation with a Chinese teacher. For almost an hour we talked about a number of things from education to food and then I asked him about the 1989 Tiananmen Square incident. The conversation went silent. “I want to be here tomorrow to teach my students. I should not talk.” It sickens me that a government could control how, when, and the subject matter of its citizens’ conversations. But I knew the dangers of certain conversations in China, just as I knew not to litter in Singapore. I was there to learn and share ideas within the boundaries of each host country and its people. 

We do not carry our rights with us where ever we go. Laws vary state to state and country to country. We may want to buy beer on Sunday morning but if we’re in Mississippi that’s not gonna happen. Our rights are not as inalienable as we’d like to believe. Even in the U.S., land of freedom, we try change our Constitutions every election to reflect the current political climate. 

When a band tours, it is important to know the laws of the host city. From speed limits and parking ordinances, to drug laws, and what songs can be performed. If the singer is caught with an eighth of weed will he just get a ticket or will he be taken to jail and the tour canceled? 

Free speech isn’t free. There is a cost to affect change. Many have been fined, beaten, hosed, and imprisoned for the right to speak their mind. Protesting has always had an element of danger to it. Protesters must weigh the consequences of their actions with the possible gain for themselves and others. Some students in my middle school were suspended for participating in a walk-out. They wanted longer lunch periods. They also thought they should not be punished because theirs was a just cause. No country on earth has a law that gives its citizens the freedom to simply do what they want, when they want. That's anarchy. And almost every nation has opposed that movement. Even this one:  WATCH.

Pussy Riot knew what the consequences would be for their actions. To think we can break rules, avoid negative consequences, and become famous is the epitome of the current air of arrogance and entitlement. Like the middle school protest, the band’s stunt was not the best way to get the change they say they want. It might have been the loudest, but to save face, Russia can’t give in and free them. 

If they were really trying to change their country, they might have picked another way. But if they were trying to get more attention for a video in an antiquated music genre – then they succeeded. And won’t they happy with all the ‘LIKES’ they get, which they will see when they’re released in 2014. Who knows, maybe punk will be in fashion then.

Not All Music Placement Services Are Created Equal.

Not All Music Placement Services Are Created Equal. 

With the traditional A&R services of a label as common as the great Florida skunk-ape there have been many new independent and corporate run businesses that have popped up to fill the void. They can run from hands off online marketing to full scale Colonel Parker.  Which is right for your band? The important thing to keep in mind is that not all management and music placement programs are the same. Before you see your band’s name scroll on the bottom of the television screen during an all new ‘Snooki & JWow’ it would be best to ask a few questions. 

What is Music Placement?

Music placement services promise to get music played in commercials, DVDs, movies, online, television, and video games. Even with the rise of DIY in the music business, many media companies, when it comes to music placement, will still only deal with sources they trust. Which means little to zero chance of getting music placement without a middle man or gatekeeper of some sort. 

There are numerous ways these placement services operate. There are placement websites that charge to join. Some services then charge for each song you upload for consideration. Others offer a certain number of songs per month to be considered with a monthly subscription fee. Usually, the artists is able to keep all their rights in exchange for the upfront fees and then simply splits any earnings. The bigger the upfront, the more the artist keeps if and when their music is placed. 

Sometimes keeping track of the marketing effort of a song can be difficult. In order to make sure a company gets paid for its efforts in promoting certain music, some placement companies may ask musicians what many consider unthinkable – They ask the musician to sign away their publishing rights. In this scenario, the musician keeps the writer’s share but  they turn over all the publishing rights (which can include mechanical royalties, and synchronization licenses).  Some companies then rename the artist’s song in order to keep track of the impact of their efforts on promoting the song. If this seems shady, it can be. Unless there is a level of trust already there between the artist and the placement company, or there is a level of desperation on the part of the artists, there are better placement deals out there. 

Not all Placement Programs Are Created Equal.

A successful musician knows what they’re good at, knows what they’re not good at, and hires people to help them that are just as enthusiastic and dedicated as they are. Yet, there are plenty of desperate musicians  who throw money at these services hoping their music will get heard and downloaded a bazillion times just from the simple act of them uploading their songs online. Even in the digital age, its human efforts that give music the edge.

A placement service is only as good as its catalog.  But this can mean quality or volume. Many sites hope to find quality among the massive amounts of music being uploaded to their sites.  These sites promote themselves and their services to various music supervisors.  ‘Come to our site for all your music licensing needs!’ Wouldn’t it be better to pay for someone to promote the music or artist instead of paying someone to promote their own business? 

A step up from simple upload and pray sites are the placement companies that forward opportunities via email and allow the musician to specifically  ‘apply.’ While this may seem better, that email is not being sent to a select few. The chances of placement are the same for replying to job postings on craigslist. Either good candidates get lost in the mountains of submissions or there are mountains of good candidates and very few stand out.  

Websites are tools that people use to create opportunities. The websites are not the opportunities themselves. Personal relationships are still a factor in the placement industry. Find a company that has personal relationships with music supervisors. Hire a team that knows when ‘pitch season’ is and how to pitch music for placement. “It’s hard to know what is ok to ask for and what’s too much.” Said Joseph Pineda, co-founder of the Florida based JRNE Artist Management.  Getting that 1^st placement offer can be emotional and the desire to have your band’s song played can overcome the good business sense to not sign away all the rights that go with it. Having some kind of buffer between artist and business man who can speak both languages is key. 

As many musicians know, managing an online presence and promoting music online can be a full time job. Companies like the newly formed JRNE Artist Management not only save time by allowing musicians to focus on the music but are equipped to be as hands on as needed or wanted by their clients.   With any company, the more personal services offered, the higher percentage one can expect to pay them. Each artist should ask themselves how much of their income they can afford to pay out for promotional services and how much work they are willing or even are able to do themselves.  Whether an artist chooses to pursue music placement with strictly online efforts or they hire actual humans to work for them, there must be a level of trust between them. Being thorough and asking questions is a good thing. Not trusting the entities you work with is a bad sign. Be honest when determining your band’s finances, resources, and abilities then choose the music placement company that fits with your band’s personal and professional style. 

Free at Last?

Gratis Licenses are becoming more and more popular in the music business. It’s where a band gives away any value it has in its music just for the chance to their song to be heard. Many artists recoil at the thought of giving music away for free. After all, the company asking for the gratis license isn’t working for free, why should the musician? 

JRNE Artist Management co-founder, and EVP of Love Lamp Records, Mike Cathey said, “We try not to [take gratis licenses] but if we can turn that into marketing then it can be worth it.” Joseph Pineda said, “It’s a matter of how big the partner is.  We don’t want to just give things away. There needs to be back and forth talks about money, logos on the screen, etc.” 

Just giving a song for others to use for free makes no sense, unless the artist negotiates for prominent placement, web links, or something else that can actually drive people to buy the song, album, or other band related product. 

Watch Out!

·         It’s normal to use more than one music placement company. Avoid companies that want exclusive rights to the master recordings or to promote sync licenses.

·         If anyone asks a musician to sign away their writer’s share ask them if you look like Willie Nelson from 1965.

·         Take a pass on Buy Outs – where a company pays a once time price for a song to own all rights with it completely – unless it’s for use as a theme song. Then hire someone to negotiate for you.

·         Music rights can be complex. Seemingly simple short contracts are seldom just that. Get the advice of an attorney.