May 2006


This month's newsletter features the listings that were submitted to me in April.
The contacts listed are sorted into FIVE sections.

    1. Publications that will REVIEW your music
    2. Radio Stations/Shows that will PLAY your songs
    3. Labels, Vendors and Promotional Services that will help you to SELL your CD
    4. Sites where you can UPLOAD your band's MP3s or videos
    5. Helpful Resources for recording artists


2. SITES/PUBLICATIONS WHERE YOU CAN GET YOUR MUSIC REVIEWED

ExMogul Music. We get it.
Susan White info@exmogul.com
www.exmogul.com
We are now accepting CDs for review from rock-based bands (only) for upcoming features. We are also collecting band "stories" for an upcoming feature. We are looking for brief stories about touring, life on the road, gigs from hell, or magical shows where everything went right. It can be the night you got stuck in the middle of nowhere on the way to a gig, with no cellphone signal. Or night you got opened for one of your heroes. Or the night where you busted 3 strings and didn't have a backup guitar or the right replacement strings. Or the night your drummer exploded into a little green globule (oh wait, that was Spinal Tap. Oops.) You decide. It can be funny or tragic, but it's got to be real. If you've got pictures, send them but keep them PG. Send all the evidence to our e-mail address. We look forward to reading.

Sure Shot Magazine
8639 B 16th St., Ste. 186, Silver Spring, MD 20910
PH: 301-625-0610 FX: 301-625-0611
sureshot@torron.net
www.indiehype.com
An independent music and talent publication that is distributed nationwide.

In Music We Trust
1530 SE Bevington Ave. Portland, OR 97267-3355
PH: 503-557-9661 FX: 503-650-8365
Alex Steininger alex@inmusicwetrust.com
www.inmusicwetrust.com
Exposes talented artists to a larger audience.

Edge of Summer
71 Elliott St., London, ON N5Y2E6
Ashley ashlee@edgeofsummer.net
www.edgeofsummer.net
Punk and Indie Rock zine. Send your CDs to the above address.

CoffeeHouseTour.com
3615-B St Johns Ct. Wilmington, NC 28403 Atten: CHT Review
PH: 910-793-1507
Annette Warner awarner@coffeehousetour.com
www.coffeehousetour.com
If you are an act that performs in coffee shops, forward your CD to the above address.

Shadders Online / Shadders? On me Lungs?
16 Woodcock Way, Adwick lE St., Doncaster, DN6 7UP UK
Colin Newell colinnewell@orange.net
www.shaddersonline.com
We feature up and coming plus established UK artists such as The Cooper Temple Clause, The Ordinary Boys, Battle, Kasabian, Athlete, Dirty Pretty Things and a whole lot more!

Strutter Magazine
4001 Bayview Ave. #214, Toronto, ON M2M 3Z7
PH: 416-985-6609
info@struttermagazine.com
www.struttermagazine.com
As North America's LOUDEST music magazine, STRUTTER MAGAZINE enters the Rock, Rock n Roll, Ppunk and Heavy Pop scene with a fresh, aggressive and enjoyable format.

Indie-Music.com
PO Box 3339, Cary, NC 27519-3339
Jennifer Layton writers@indie-music.com
www.indie-music.com/reviewpolicy.php
You can request a certain writer, or you can simply submit your package and it will be distributed among our current pool of reviewers.

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3. RADIO SHOWS THAT WILL PLAY YOUR MUSIC

Radio Show Host Stewart Brodian
PO Box 1253, Easton, PA 18044
Stewart Brodian sbrodian@yahoo.com
www.webspawner.com/users/brodianpage
I am a radio DJ at three area radio stations: WDIY (+WXLV 90.3 FM) Saturday evenings from 11:00 PM - 1:00 AM * 88.1 FM Allentown. WMUH Monday mornings from 10:00 AM - 12:00 PM * 91.7 FM Allentown. WLVR (various programming times) * 91.3 FM Bethlehem. I am now able to play music off websites onto my show at WMUH in Allentown, PA. Check my playlists to see if your music fits!

Independent Cast
3202 Roosevelt Rd, Yuba City, CA 95993
PH: 530-632-3673 FX: 206-339-3180
James Smith contact@independentcast.com
www.independentcast.com
A podcast that features the best independent bands from around the world every week. Submission is free. Subscribe on iTunes. Great exposure!

KWFM.net
c/o Prat De La Creu, 16 - AD500 Andorra La Vella, Andorra
J-E je.henley@kwfm.net
www.kwfm.net
International Rock and Metal radio. All submissions are welcome without restriction of country and language!

WKNT
U. Central Florida, PO Box 163230, Orlando, FL 32816
PH: 407-823-4584 FX: 407-823-5899
Carmen Serrano spincycleradio@hotmail.com
www.knightcast.org
We strive to provide diverse programming content representing all cultures and students at the University of Central Florida.

Country Music Show - Radio Ara
3, rue principale, L-9183 Schlindermanderscheid, Luxembourg
Willie Jervis radioaracountryshow@yahoo.com
www.ara.lu
If you send us your Country and Folk CDs, we'll play them!

12StepRadio.com
11452 El Camino Real, #401, San Diego, CA 92130
info@12stepradio.com
www.12stepradio.com/submitsongs.asp
An independent, online radio music station. We are always looking for new recovery oriented music suitable to play on the "air". We are very selective.

Brainwave Radio
943 Old Mars Hill Hwy. #5, Weaverville, NC 28787
musicdirector@brainwaveradio.com
www.indieartistradio.com
We mix the best of Indie, Alternative, Rock and Punk to bring you the perfect balance of music that will get your brain moving.

The Gospel Vault
PO Box 50114, Baltimore, MD 21211
Aubrey Clark tgv@wgvr.com
www.thegospelvault.com
Weekly Gospel music show syndicated on multiple radio stations and online.

iRADIO Los Angeles
PO Box 1403, Covina, CA 91722
PH: 626-780-6323 FX: 626-974-4776
Mark Maverick info@iradiola.com
www.iradiola.com
The #1 indie radio station, playing 100% indie bands on REAL RADIO!


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4. SERVICES/VENDORS/LABELS THAT WILL HELP SELL YOUR MUSIC

CDfuse.com
PO Box 9615, Austin, TX 78766
PH: 512-825-9108
Sal Silva III sal@cdfuse.com
http://cdfuse.com
An on-line record store for unsigned and Indie artists. We represent the next level for listening, reviewing and buying music online.

White Eagle Music Promotions
122 - 250 The East Mall #1109, Toronto, ON M9B 6L3
PH: 416-620-1231 FX: 416-620-5912
Maureen Smith maureen@whiteeaglerecords.ca
www.whiteeaglerecords.ca
Specializing in artist development, distribution, radio promotion campaigns, music conference promotion and licensing.

Independent Records
PO Box 510, Blairstown, NJ 07825
PH: 908-362-5524
Chris Midkiff customerservice@indierec.com
www.indierec.com
Imagine your CD sitting in your local record store's display window! Think it?s impossible? WRONG!!!!

TON 4 Music Group
Martiniweg 1, A-8230 Hartberg, Austria
PH: +43 (0) 3332-624-18
Patrick F. Plank office@ton4music.com
www.ton.cc
We're an European label/publisher and radio promoter. We also specialize in digital distribution.

StreetCDs
7948 Winchester Rd. #109-300, Memphis, TN 38125
Jay Style Williams jaystyle@streetcds.com
www.streetcds.com
The #1 online music store for the Hip Hop consumer.

CDfuse.com
PO Box 9615, Austin, TX 78766
PH: 512-825-9108
Sal Silva III sal@cdfuse.com
http://cdfuse.com
An on-line record store for unsigned and Indie artists. We represent the next level for listening, reviewing and buying music online.

VersusMedia
556 S. Fair Oaks Ave. #245, Pasadena, CA 91105
PH: 877-633-8764
Ryan info@versusmedia.com
www.versusmedia.com
Provider of publicity services and film music networking opportunities.

The PR Muse
31 Mariners Ln #2, Stamford, CT 06902
PH: 512-417-0254
Alison alison@theprmuse.com
www.theprmuse.com
I specialize in publicity for indie musicians looking to move their music forward.

Sunlight of the Spirit Music
PO Box 60097, Nashville, TN 37206
PH: 615-403-8587
Gracie Vandiver gracie@mkbmedia.com
www.sunlightofthespiritmusic.com
Features CDs in all genres created by artists in recovery. We also have the largest selection of twelve step and recovery music available for dealing with alcoholism and addiction in all its forms. Our goal is to offer only the highest quality music that's been created by artists in recovery. Listening to some of the music samples on our website will give you a good example of the production values we look for in recordings. Please contact us via our website for approval before submitting CDs.

freshntasty.com
1131 W. Warren #239 Detroit, MI 48201
PH: 313-407-6507
David Pittman dave@freshntasty.com
www.freshntasty.com
An online store specializing in independent Urban music.

Final Joy Records
392 E. Harrison St. Chandler, AZ 85225
info@finaljoyrecords.com
www.finaljoyrecords.com
We specialize in Gothic music. Send us your demo!

Blue Monkey Record Label
2107 Starlight Ln, Independence, KY 41051
PH: 859-356-1918
Junette Gausman junettegausman@aim.com
www.myspace.com/blumonkeyrecords
We offer full service to the artist - representation, distribution, promotion etc. We want to build long term, lasting relationships with our artists and their fans.

Unfun Records
19144 Brookview Dr. Saratoga CA 95070
PH: 408-344-0402 FX: 408-253-1653
Johnny johnny@unfunrecords.com
unfunrecords.com
Music distributor, reviews, mixing studio and record label for independent bands.

High 4 Records
256 Major St., Toronto, ON M5S 2L6
PH: 416-561-1271
Darrin Pfeiffer darrin@high4records.com
www.high4records.com
We wanted to start a label where the bands have a lot of creative control, where they'd feel safe, and where they could grow as artists. We want our bands to feel like they are part of our family...because that's the way we think of them.

DSV Records
1800 Pembrooke Dr. #300, Orlando, FL 32810
PH: 407-667-4759
Dan Santana dsv58@msn.com
www.dsvrecords.com
We're looking for the next DSV star!

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5. SITES WHERE YOU CAN UPLOAD YOUR BAND'S MP3s OR VIDEOS

Indiecore.com
12711 Ventura Blvd. #320 Studio City, CA 91604
PH: 818-508-5588 FX: 818-508-6203
Bob Downey bobby@indiecore.com
www.indiecore.com
Sign up and create a profile, sell ringtones, cell phone tools and mp3s. You may also receive nationwide exposure through our extensive network.

Jabbertones
105 Forrest Ave. #26, Los Gatos, CA 95032
PH: 408-340-1993 FX: 408-868-9803
Scott Manthey scott@jabbertones.com
www.jabbertones.com
Port your music in the form of ringtones to over 179 million US cellular customers! Paid revenue share per download.

Unsigned Band Network
158 Wigwam Trail, Livingston, TX 77351-3551
PH: 936-465-7487
James Stetler unsignedbandnetwork@gmail.com
unsignedbandnetwork.com
Allows free uploading of music merchandise and ringtones. Contact us to sell your songs as ringtones. You can make your own or we can create the ringtone for you.


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6. HELPFUL RESOURCES FOR YOUR BAND

IndieMusicCoach.com
Madalyn madalyn@gogirlsmusic.com
www.indiemusiccoach.com
Looking to elevate your music career? Would you like to achieve a higher level of success with your music? Sell more CDs? Attract more fans? Madalyn Sklar, founder of GoGirlsMusic.com, is a music business coach and consultant working with indie artists, helping them achieve their goals and elevate their music careers. Visit our website for more information.

IRLWebhost.com
1167 White Pine Dr. Wellington, FL 33414
PH: 561-422-7198 FX: 561-422-7198
John Horner Admin@IRLWebHost.com
www.IRLWebhost.com
Web hosting and domain registration for INDIE Artists. NO set up fees. Check US OUT!

OMD On-Line Music Directory
1167 White Pine Dr. Wellington, FL 33414
PH: 561-422-7198 FX: 561-422-7198
John Horner Admin@UnSignedOMD.com
www.UnSignedOMD.com
Where independent artists are the stars! Easy to use charts, stores, photos and video.

Halifamous Music Forum Index
http://www.halifamous.com
Canadian Hip Hop community where you can post music, images, lyrics etc. for evaluation by other members.

Listen to Our Band
Heather Heather_Donovan@student.uml.edu
www.listentoourband.net
Music site dedicated to unsigned/indie bands in need of free promotion, and for music fans looking for new music -- anything other than what is on MTV!

House of Emo
Tyler houseofemo@gmail.com
www.houseofemo.com
Fashioned out of raw code to help emo kids & complete posers find each other and everything else they're hot for. Namely the emo fashions and music you love. We will do this mainly through occasional emo band and concert reviews, fashion tips, pictures and profiles of sexy emo kids like you--even bad poetry.

Dave's Guitar Shop
1227 S. 3rd St., La Crosse, WI 54601
PH: 608-785-7704 FX: 608-785-7703
Dave Rogers davesgtr@aol.com
www.davesguitar.com
Some of the most famous guitar legends have done business with Dave's Guitar Shop, including Billy Gibbons of ZZ Top, Joe Walsh of the Eagles, members of Pink Floyd, the Kentucky Headhunters, Everclear, Night Ranger, Vince Gill, Elliot Easton, REO Speedwagon and Def Leppard. The Rolling Stones once bought a vintage amplifier from the store for Keith Richards. Dave's also received a special visit in August of 2001 by guitar maker Paul Reed Smith, who flew in for the day for a special clinic. We invite you to visit us at one of our store locations for an experience you're not likely to forget, or browse through our huge selection from our new, online store. Our stock is changing daily, so check back often!

GoldenROM CD Replication
3 Vertical Dr. Canonsburg, PA 15317
PH: 888-757-3472 FX: 724-746-0745
Derek info@goldenrom.com
www.goldenrom.com
Whether you need one copy or millions, GoldenROM will produce the job on time and on budget. Our award winning Digital Cloning Laboratory(TM) thrives on CD replication services and DVD replication services perfection. You get exactly what you want, when you want it. That is our guarantee.

ABC Pictures
1867 E. Florida St., Springfield, MO 65803-4583
PH: 888-526-5336
www.abcpictures.com
Quality publicity picture reproduction, posters, 8x10's, headshots & composites for the entertainment industry

MusicPro Insurance Agency
45 Crossways Park Dr. Woodbury, NY 11797-2002
PH: 800-605-3187 FX: 888-290-0302
Julie insurance@MusicProInsurance.com
http://www.musicproinsurance.com
Affordable and convenient insurance for musicians, including instruments, equipment, studio, tour, composer's liability, travel accident and health.

Jakprints
3133 Chester Ave. Cleveland, OH 44114
PH: 216-622-6360 FX: 216-622-6361
www.jakprints.com
We continually strive to help each and every customer big or small, to expand and promote their passion with the highest quality service and merchandise.

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7. HOW TO LEGALLY SELL DOWNLOADS OF COVER SONGS
by Derek Sivers, CD Baby
? 2007 All Rights Reserved. Used By Permission.

Please note that the below is not official legal advice. It is ONLY for the U.S.A. We are not your lawyers, and you should always contact your attorney before entering into any contract such as a license.

If you have recorded a cover version of someone else's song, and you plan to make that recording available over the Internet, the following information applies to you.

You must follow these steps BEFORE you make your recording available for distribution to the public!

If you record a cover version of a song, (meaning your performance of a song that has been released in the U.S. with consent of the copyright owner), you are entitled by law to release your recording commercially, and the owner of the copyright to the song cannot prevent you from doing so.

The Copyright Act provides for what is called a ?Compulsory License? for downloads and CD sales, which means that if you follow the steps set forth by statute, you can distribute your recording of that song on a CD or over the internet. This Compulsory License is only available for sales in the United States. Other uses of masters, such as streaming, conditional downloads, and the like, are not subject to a Compulsory License. A separate license from the publisher is needed in those cases.

The following details the procedure for individuals to obtain a compulsory license to digitally distribute cover songs over the Internet to end users in the United States.


Identify the Copyright Owner - the publisher

The first step is to identify the owner(s) of the copyright to the song. The publisher.

The easiest way to do this is to search the songwriter/publisher databases, here:

BMI (bmi.com)

ASCAP (ascap.com)

SESAC (sesac.com)

Harry Fox (songfile.com)

U.S. Copyright Office (copyright.gov)

Keep in mind that the owner of these rights is typically a publisher, and that the owner of the rights in the song is not the same as the owner of the rights to any particular recording of the song. In other words, Record Labels are almost never the owners of the copyright to the musical composition - they typically own only sound recordings. You should be looking for the name of a publisher (or in some cases an individual).

Be careful to identify the exact song you want, as there are many songs with the same names. If you cannot find the owner through these websites, search the records of the Copyright Office online.

If you cannot find the copyright holder(s) after a thorough search, you can send the letter to the Copyright Office, along with a small filing fee, currently $12.00. See the Copyright Office website for the proper address and current filing fees if you are going to be sending the letter of intent to them.

Instructions on how to do that are on ?Circular 73? from the U.S. Copyright Office, on a PDF file, here: copyright.gov/circs/circ73.pdf

WE STRONGLY RECOMMEND DOWNLOADING AND READING THIS FILE, because it carries the essence of this entire article.


Send a Letter of Intent - EXACTLY like this:

You must send one letter for each song for which you seek a compulsory license 30 days before you begin distribution of your downloads. The letter must be sent by registered or certified mail and contain the following:

1. a clear subject line/title that says ?Notice of Intention to Obtain a Compulsory License for Making and Distributing Phonorecords?

2. your full legal name

3. all fictitious/assumed names (stage name, band name) used

4. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)

5. your fiscal year (usually January 1st - December 31st)

6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region

7. the title of the song

8. name(s) of the author(s) of that song

9. the type of configuration expecting to be made (a music file distributed over the Internet is called a ?Digital Phonorecord Delivery? (DPD))

10. the expected first date of distribution

11. the name of the performer/band doing the cover

12. your signature.

If there is more than one publisher listed, sending a letter to one of them is sufficient for the compulsory mechanical license; however, if one or more of the copyright holders is not from the United States, it is best to send the notice to all copyright holders.


Send Royalty Statements and Pay Royalties

Once you begin distributing the song over the Internet, you must send monthly statements of royalties on or before the 20th of each month, and pay the royalties.

The monthly statement must be sent by registered or certified mail and include:

1. a clear title that says ?Monthly Statement of Account Under Compulsory License for Making and Distributing Phonorecords?

2. the period (month and year) covered by the statement

3. your full legal name

4. all fictitious/assumed names (stage name, band name) used

5. the names of each individual owning a 25% interest or more in the distribution of the song (band members, if you split your sales income)

6. your full physical address - P.O. boxes are unacceptable, unless that is the only option for addresses in your geographic region

7. the title of the song

8. name(s) of the author(s) of that song

9. the name of the performer/band doing the cover

10. the playing time (length) of your recording of the song (minutes:seconds)

11. the number of DPDs made, i.e. how many times your recording was downloaded

12. the number of DPDs that were never delivered due to a failed transmission

13. the number of DPDs that were retransmitted in order to complete/replace an incomplete/failed delivery

14. the total royalty payable (number of total DPDs, not counting ones never delivered multiplied by the statutory royalty rate (see below))

15. the following statement: ?I certify that I have examined this Monthly Statement of Account and that all statements of fact contained herein are true, complete, and correct to the best of my knowledge, information, and belief, and are made in good faith?

16. your signature

You must also send an Annual Statement of Account at the end of each calendar year, which is virtually identical in content to the Monthly Statements, but must be certified by a licensed Certified Public Accountant (CPA).


Statutory Royalty Rates

The current (2006) statutory rate for royalties is 9.1? for every copy sold if the playing time for the song is under five minutes.

If the playing time for the song is longer than five minutes, the rate is 1.75? per minute, rounding up to the next minute.

under 5 minutes = 9.1? per copy

5 to 5:59 minutes = 10.5? per copy (6 minutes x 1.75?)

6 to 6:59 minutes = 12.25? per copy (7 minutes x 1.75?)

7 to 7:59 minutes = 14? per copy (8 minutes x 1.75?)

etc.

The Copyright Office can always keeps the most up to date information concerning statutory royalty rates at this link: http://www.copyright.gov/carp/m200a.html


IMPORTANT Notes:

The publisher may tell you to that they don't deal with compulsories, and that you should contact the Harry Fox Agency. Though the Harry Fox Agency can handle mechanical licenses for DPDs for most publishers, you still have right to obtain a compulsory license by following the directions, above.

Remember the law is on your side. You are entitled to a compulsory license by law. You have permission - (a compulsory license) - as soon as you send the notice, described above, to the proper publisher.

As long as your notice complies with Copyright Section 115, (described above), the publisher need do nothing other than receive the royalty payments. You don't even need to wait for their reply.


Other Notes:

You may be able to negotiate a better deal for yourself, either with lower royalty rates or less frequent statements of account. If terms are negotiated which deviate from the the standard Section 115 then a mechanical license will be issued by the publisher or HFA.

If you wish to distribute physical copies (e.g., CDs) of a cover song, you must obtain a similar compulsory license, available for most popular songs through the Harry Fox Agency at harryfox.com. If you plan on distributing between 500 and 2500 physical copies, you can obtain a compulsory license through the Harry Fox Agency online at songfile.com.

For more information on compulsory licenses for all forms of distribution, please refer to the Copyright Office's web site, at copyright.gov, and contact your attorney.

Helpful publications available through the Copyright Office include Circular 73 (Compulsory License for Making and Distributing Phonographs), Circular 75 (The Licensing Division of the Copyright Office), and M-200 (Checklists under Section 115 of Title 17).

If you have been distributing a cover song without a compulsory license or an agreement with the copyright owner, you are ineligible to obtain a compulsory license for that recording (!), and you may be subject to civil and/or criminal penalties for copyright infringement.


Be careful to follow the steps exactly as described above, in order to be legal.

Download and print/save these files:

How to Investigate the Copyright Status of a Work

Compulsory License For Making and Distributing Phonorecords

Notice of intention to obtain a compulsory license

Royalties and statements of account under compulsory license

Checklists of Required Information http://www.copyright.gov/carp/m-200.pdf

These and more available at the U.S. Copyright Office website: copyright.gov


Experts that can help you:

Since this part of music is business and law, (not art), nobody listed below can help you for free, but all have offered their expert services at musician-friendly rates to help you with this topic.

C. Christopher Clark, Esq.
Shumaker, Loop & Kendrick, LLP
128 S. Tryon Street, Suite 1800
Charlotte, North Carolina 28202
(704) 945-2152
cclark@slk-law.com

Richard D. Rose - Attorney
9 Music Square South, 3700
Nashville, TN 37203
615-330-7673
richard@copyrightcafe.com

Joyce Dollinger
Dollinger, Gonski & Grossman
One Old Country Road, Suite 102
P.O. Box 9010
Carle Place, New York 11514-9010
(516)747-1010
jsydnee@aol.com




Derek Sivers is the President of the extremely popular online music store, CD Baby. In the first week of 2006 alone, CD Baby artists were paid $429,023!! As of the end of 2005, CD Baby paid over $23 million directly to their musicians for over 2.1 million CDs sold. To get your music online, visit CD Baby.com




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