LO2 task 2 - Understand the work of UK artists, and how they promote themselves

Simon Neale is a British DJ and producer specialising in house music and more specific, deep and bass house. Simon throughout his career has reinvented himself taking on a whole new identity and sound. Simon was first know as Dave spoon which he kept for many years from 2004 till 2011 releasing many records on labels such as Toolroom and Universal records. Stand out productions from his identity as dave spoon include "Bad girl (at night)" which was his first UK top 40 record. This was released on Universal in 2007, this was then followed by another track called "Baditude" in 2008. He also has many remixes under his belt for artists such as Beyonce, Cedric Gervais, Funkagenda and Calvin Harris. In 2012 Simon evolved into Shadow Child also bringing with it a whole new sound which will launch him to new levels. In 2014 shadow child set up his own independent label food music which follows his newly regenerated dirty signature sound among its signed artists. 

Below is a list of all simon's singles from his professional career.

As Dave Spoon

• 2005 "21st Century"
• 2005 "Front Lounge"
• 2005 "Who You Are"
• 2005 "Sunrise"
• 2005 "Corrupt"
• 2005 "Regeneration"
• 2006 "Afterhours" (featuring Mark Knight)
• 2006 "Outside"
• 2006 "Acid Box"
• 2006 "At Night"
• 2007 "Sylo" (featuring Mark Knight)
• 2007 "Background Noise"
• 2007 "Drum Box"
• 2007 "This Machine" (featuring Penny Foster)
• 2007 "Won't Do It Again (Sunrise)" (featuring Laura Vane)
• 2007 "Bad Girl (At Night)" (featuring Lisa Maffia)
• 2008 "88"
• 2008 "Liability"
• 2008 "Baditude" (featuring Paul Harris of Dirty Vegas & Sam Obernik)
• 2009 "Gas Face" (featuring PeteTong)
• 2009 "Ghost Train" (with DJ Zinc)
• 2009 "Lummox"
• 2009 "The Key"
• 2009 "The Secret"
• 2010 "Impure Imagination" (featuring Nick Corelli) Unreleased

As Shadow Child

• 2012 "The Verdict"
• 2012 "So High" [Moda Black]
• 2012 "Bordertown" (with Horx featuring TK Wonder) [Apollo/R&S]
• 2013 "Friday" (featuring Takura) [Food Music]
• 2014 "Climbin'" (with Doorly)

on top of his original production he has many remixes to his name

As Dave Spoon

• 2005 DJ Philippe B – "Step 2gether" (Dave Spoon remix) [Plasmapool]
• 2005 Southside Hustlers ft. Abigail Bailey – "Right Before My Eyes" [Toolroom]
• 2005 Sueno Soul – "A Better Love" (Dave Spoon remix) [Stealth]
• 2005 Juke Joint – "Melody of the Mouth" (Dave Spoon remix) [Big Love]
• 2005 Haji & Emmanuel – "Take Me Away" (Dave Spoon remix) [Big Love]
• 2006 Robbie Rivera – "Bizarre Love Triangle" (Dave Spoon remix) [Juicy Music]
• 2006 S & V – "King Coaster" (Dave Spoon remix) [Mono-Type]
• 2006 The Timewriter "Reachin' Out" (Dave Spoon remix) [Plastic City]
• 2006 Arno Cost – "Magenta" (Dave Spoon remix) [CR2]
• 2006 Beta Blokka – "Beta Blokka" (Dave Spoon remix) [Punchfunk]
• 2006 Dagaard & Morane – "Keep on Doing It" (Dave Spoon remix) [Born To Dance]
• 2006 Danny Freakaziod – "You Are The Leading Man" (Dave Spoon remix) [CR2]
• 2006 Antoine Clamaran – "Take Off" (Dave Spoon remix) [Plasmapool]
• 2006 Tyken ft. Awa – "Every Word" (Dave Spoon remix) [Hed Kandi]
• 2006 The Officials – "Music" (Dave Spoon remix) [Sequential]
• 2006 Golden Girls – Kinetic (Dave Spoon & TV Rock remix)
• 2007 Vorsprung – "Worth The Wait" (Dave Spoon remix) [Brickhouse]
• 2007 Paul van Dyk ft. Jessica Sutta – "White Lies" (Dave Spoon remix) [Positiva]
• 2007 Bump – "I'm Rushin" (Dave Spoon remix) [Art & Craft]
• 2007 Gat Decor – "Passion" (Dave Spoon remix) [Addictive]
• 2007 Gold, Diaz & Young Rebels – "Don't You Want Me" (Dave Spoon Remix) [Joia]
• 2007 Ethan – "In My Heart" (Dave Spoon remix) [Art & Craft]
• 2007 Robyn with Kleerup- "With Every Heartbeat" (Tong & Spoon Wonderland mix) [Konichiwa]
• 2007 D.O.N.S. – "Big Fun" (Dave Spoon remix) [Hed Kandi]
• 2007 Funkagenda – "San Francisco" (Dave Spoon remix) [Toolroom]
• 2007 Kharma 45 – "Political Soul" (Dave Spoon remix) [EMI]
• 2007 Liquid – "Sweet Harmony" (Dave Spoon remix) [GI]
• 2007 Richard Grey – "Warped Bass" (Dave Spoon remix) [Apollo]
• 2007 Andrea Doria & LXR – "Freak Me" (Dave Spoon remix) [Hed Kandi]
• 2007 Cedric Gervais – "Spirit in My Life" (Dave Spoon remix) [Data]
• 2007 Dave Lee – "Latronica" (Dave Spoon remix) [Z records]
• 2007 Dizzee Rascal – Flex (Dave Spoon Reflex) [XL Recordings]
• 2008 Pet Shop Boys – Integral (Dave Spoon Remix) [EMI]
• 2008 James Blunt – 1973 (Tong & Spoon Wonderland mix) [Warner]
• 2008 Kaz James – "All Fall Down" (Dave Spoon remix) [Sony]
• 2008 Alphabeat – "Boyfriend" (Dave Spoon remix) [Chrysalis]
• 2008 The Presets – Talk Like That (Dave Spoon Televised Remix) [Modular]
• 2008 Madonna – Give It 2 Me (Tong & Spoon Wonderland mix) [Warner. Bros]
• 2009 Cagedbaby – "Forced" (Dave Spoon remix) [Southern Fried]
• 2009 Sour Grapes – "Kharma" (Dave Spoon remix) [Television]
• 2009 Killa Kella – "Built Like An Amplifier" (Dave Spoon remix) [100%]
• 2009 Chase & Status feat. Kano – Against All Odds (Dave Spoon Remix) [RAM]
• 2009 The Ting Tings – "Fruit Machine" (Dave Spoon remix) [Columbia]
• 2009 Calvin Harris – "Ready for the Weekend" (Dave Spoon remix) [Sony]
• 2009 VV Brown – "Game Over" (Dave Spoon remix) [Island]
• 2009 Mr Hudson – "White Lies" (Dave Spoon remix) [Mercury]
• 2009 Beyoncé – "Sweet Dreams" (Dave Spoon remix) [Columbia]
• 2010 Labrinth – "Let the Sun Shine" (Dave Spoon remix) [Syco/Sony]

As Shadow Child

• 2012 Kid Kombat – "Chinga" [Televizion]
• 2012 Hardrive – "Deep Inside" [Strictly Rhythm]
• 2012 Hadouken! – "Parasite" [Ministry of Sound]
• 2012 Drumsound & Bassline Smith featuring Tom Cane – "Through the Night" [New State Music]
• 2012 S.K.A.M – "I Got What You Need" [ALiVE]
• 2012 Pedro Mercado & Kerada – "Behind the Sun" [Gold/Kling Klong]
• 2012 Zombie Disco Squad – "Ibiza Hooligan" [Made To Play]
• 2012 The House Crew – "Keep the Fire Burning"
• 2012 Miguel Campbell – "Rockin Beats" [Hot Creations]
• 2012 A-Trak & Zinc featuring Natalie Storm – "Like the Dancefloor" [Fool's Gold Records]
• 2012 The xx – Angels" (bootleg)
• 2012 Sub Focus featuring Alpines – "Tidal Wave" [RAM Records]
• 2012 Zoe Xenia & Cari Lekebusch – "Good Love" [Kling Klong]
• 2012 The Other Tribe – "Sing with Your Feet"
• 2012 Justin Martin & Leroy Peppers – "Riding Spaceships" [Dirtybird]
• 2012 Hot Since 82 – "Knee Deep in Louise" [Moda Black]
• 2013 Delphic – "Baiya" [Polydor]
• 2013 Lianne La Havas – "Elusive" [Warner]
• 2013 Alix Perez featuring Sam Willis – "Annie's Song" [Shogun Audio]
• 2013 Hot Natured featuring Anabel Englund – "Reverse Skydiving" [FFRR/Warner]
• 2013 Movement – "Feel Real" [Club Mod]
• 2013 Yousef featuring Charli Taft – "I See" [Defected]
• 2013 London Grammar – "Strong" [Metal & Dust]
• 2013 Javeon – "Lovesong" [PMR Records]
• 2013 AlunaGeorge – "Best Be Believing" [Island]
• 2014 Marlon Hoffstadt & Dansson – "Shake That" [FFRR/Parlophone]
• 2014 Lena Cullen – "Timeless" [Food Music]
• 2014 Example – "One More Day (Stay with Me)" [Epic Records UK/Sony

He only has one compilation album under the name of "collected" which was released on the 24th of November 2013 on his own label food music. The album was released on formats such as digital download, CD and vinyl.

He also has 3 EPs as listed below

2012	Shadow Child	Dirtybird
2012	Phil Collins	Deleted
2012	23 (featuring Tymer)	Food Music

Recording and production

Simon has quite an impressive studio with quite an impressive list of kit. The center stage of his productions is his IMAC computer loaded with logic pro and a long list of top of the range plugins which he utilises to shape his signature sound. This is his solid base which all his tracks are produced and recorded into one track. To monitor his productions he uses a combination of both adam audio and yamaha studio monitors. These help him to tackle any issues with his mix and master his tracks well.

Target demographic
Judging from where his tracks are aimed to be played his target demographic will be between the ages of 18 and 25, most of which are in the ABC1 category due to their disposable income required to enjoy the kind of night life in which it is played. The lifestyle of his target audience is very outgoing and loves to enjoy the nightlife in clubs and abroad. The location of this demographic is mainly in the UK due to where he is based however his music is known to be played across the globe in similar settings.

Public Response 
Shadow child is one of the biggest names in bass heavy house music at the moment. He has over 95k Facebook likes, 48,445 twitter follows and Millions of views on his tracks on youtube making him huge. His great success has lead him to play the biggest venues across the globe from Cream-fields to Space in Ibiza this just shows the sheer stir his music has created within the house music world. He has also appeared in a number of masterclass tutorials breaking down is hit tracks and teaching people how he has done it. These Masterclasses were with computer music giants point blank music school in London and future music magazine.

LO1 task 1 - Understand the structure and organisation of the music industry

Record labels

A record label is a brand associated with the marketing of music recordings and music videos. More often than not a record label is the publishing company of a record coordinating the production, manufacture, marketing, distribution and enforcement of copyright. Record labels also conduct talent scouts in which new artists can be developed under their trademark whilst signing and maintaining contracts with artists and their managers. Record labels are usually sorting into two tiers, larger commercial labels such as sony records and EMI recordings and then smaller independent labels which have their own signature sound such as Dirtybird recordings and Defected.

Recorded music and live music

Recorded music is creating a record which can be sold and promoted through a record label and publishing company. Recorded music is the product of effects and many takes to get perfect, this is where the main big difference between live and recorded. A live performance are what could be called a 'moment in time' where the performers ogive a more true performance showing what the artist is actually capable of. live music is more common in an artists later stages a good example would be the rolling stones who still tour and play their music live because they don't have the need to record new material. Recorded music is more common with artists such as shadow child as they have an easier ability to create new content and remix other content which they use live whilst djing. The production process of recorded music is very different from live. Recorded requires the use of a professional music studio and recording environment. The process entails the artist working with a producer to record the several layers into a DAW where its grouped together to create the final recording. This recording can take many attempts to get perfect. The recording also needs to be mixed and mastered in order for it to sound perfect for the listener. Live music is similar however everything needs to be planned and executed perfectly first time using a sound engineer to watch over and change the levels of the on stage components. A mixing desk similar to what would be found in a studio is used to monitor and change the levels of each on stage artist and musician. This is so the show sounds balanced and professional.

Distribution

Distribution is vital to the selling of music as it is the key link from the label to the consumer. A record label will sign a contract with a distributer which then gives them the right to sell the record in shops and online. The distributor will the take a cut from the sales and then pay the rest to the record label. Some distributors expect a finished product to sell however most distributors will do a m&d deal with a label. this is a manufacture and distribute deal so this covers the costs of the manufacturing up front. Music can also be distributed online using things such as itunes, Beatport and Spotify which is the most popular form in the modern era due to the coming of mp3 formats and portable players like Ipods.

Links to different distribution methods

http://www.amazon.co.uk/Digital-Music/b?ie=UTF8&node=77197031

https://www.apple.com/uk/itunes/

http://www.xbox.com/en-US/Live/Partners/Zune

Some of these methods are purchase which means the listener gets a copy of the song to then put on an Ipod or mp3 player. Others such as Spotify are streaming services which means that the user gets a lot more music for less put it requires internet connection and a subscription. This service is only for consumers as it dosen't allow DJs to play through software at a gig.

Legal issues in the music industry

copyright

Copyright is a form of legal protection given to many kinds of created works such as musical compositions or songs, lyrics, records (CDs, LPs, singles, 45s, cassettes, DAT, etc.) poems, books, films, TV shows, computer software and even commercials. For a work to be protected under copyright, its must be: 1) “original” which means that it was not copied from any other source; 2)“fixed in a tangible medium of expression” which means that it exists in some reasonably permanent or stable form so that a person can perceive it and reproduce it; and 3) have a minimum degree of creativity.

The Rights of the Copyright Owner: The owner of a copyright has the exclusive rights to do the following:

1) Reproduce the Work: The rights to make copies of the work, such as the right to manufacture compact discs containing copyrighted sound recordings.

2) Distribute Copies of the Work: The right to distribute and sell copies of the work to the public.

3) Perform Works Publicly: Copyright owners of songs (but not owners of sound recording copyrights) control the rights to have their song performed publicly. Performance of a song generally means playing it in a nightclub or live venue, on the radio, on television, in commercial establishments, elevators or anywhere else where music is publicly heard

4) Make Derivative Works: A derivative work is a work that is based on another work such as a remix of a previous song or a parody lyric set to a well-known song (a classic example being Weird Al Yankovic’s song “Eat It” which combines Michael Jackson’s copyrighted original work “Beat It” with a parody lyric “Eat It”).

5) Perform Copyrighted Sound Recordings by Means of a Digital Audio Transmission: This is a right recently added by Congress that gives copyright owners in sound recordings the rights to perform a work by means of a digital audio transmission. Examples of digital audio transmissions include the performance of a song on Internet or satellite radio stations (such as XM or Sirius)

6) Display the Work: Although this right is rarely applicable to music, one example would be displaying the lyrics and musical notation to a song on a karaoke machine.

 No one can do any of the above without the permission or authorization (usually given in a license) of the owner of the copyright.

The Copyright Term: The length of time that a work is protected by copyright for a work first published after January 1, 1978, is the life of the author plus 70 years. That means for the entire lifetime of the author and 70 years after the author dies, the copyright is in force.

sampling

Sampling occurs when a portion of a prior recording is incorporated into a new recording.
When an existing recording is sampled without permission, copyright infringement of both the sound recording (usually owned by the record company) and the song itself (usually owned by the songwriter or the songwriter’s publishing company) occurs. In order to legally use a sample, permission is required from both the copyright owner of the sound recording and the copyright owner of the underlying musical work. License fees for sampling vary greatly depending on: how much of the music is sampled; the popularity of the music you intend to sample; and the intended use of the sample in your song (if your entire song is based upon a sample it will be more costly than a minor use of the sample). License fees for samples can be granted for free, for a percentage of the royalties (i.e. a few cents for each record pressed or sold) or for a flat fee. Because there are no statutory royalty rates for samples, the copyright owner can charge the artist whatever he wants for the use of the sample and can refuse to grant permission to other artists to sample his work.

If an artist uses samples without the copyright owner’s permission, a court can force the artist or the artist’s record label to recall and destroy all of the records containing the samples and to pay damages to the copyright owner in an amount ranging from £480 to £96000 for each act of infringement. In addition to copyright infringement, artists who sample may also be in violation of their recording contracts. Most recording contracts contain provisions called “Warranties” “Representations” and “Indemnification” in which the artist promises that all of the material on his album is original, and agrees to reimburse the record label for all of its court costs, legal expenses, and attorneys’ fees if the label is sued for copyright infringement. Before sampling, no matter how small a portion of the recording is used, permission from the copyright owners of both the recording and the song is required. Do not rely on the myth that you can use a certain number of seconds or bars of someone’s song without penalty. 

Music publishing

Music publishing is simply the business of exploiting a song – that is, finding uses for the song, such as cover versions, film, TV and video games, ringtones, greeting cards and even karaoke machines – and collecting money for such uses, usually in the form of a license fee. Songwriters typically own the copyrights in the music and lyrics to the songs they write and earn money, usually from license fees or royalties from the commercial use of their songs. Publishing income does not come from copyright ownership in sound recordings. It comes from ownership of the copyrights in the songs. The copyright owner of a song is entitled to certain exclusive rights under the UK. Copyright Act (see section on the “ Rights of the Copyright Owner”). If someone wants to use the song in any way, they must get permission from the copyright owner in the form of a license. Money generated from such licenses is called “publishing income”.

Sources of Publishing Income: There are four main sources of publishing income:

Public Performance Royalties If a song gets played in public (in nightclubs, at live concerts, on the radio, on television, etc.) the copyright owner of the musical work is entitled to payment for the performance of that song. However, in order to collect performance royalties, the songwriter usually needs to register as a member of a performance rights society, which will collect all royalties from the radio and television stations, nightclubs, live venues and other commercial establishments playing the songwriter’s music.In the UK the main royalty collecting society is PRS for music. Songwriters can register with a performance rights society as soon as one of their songs is commercially recorded, offered for sale, or publicly performed. Performance rights organizations are not traditional music publishers and are only involved in the collection of performance royalties.

Mechanical Royalties Mechanical royalties are fees paid to the copyright owner of a song (usually the songwriter and/or the music publisher) for the right to reproduce the song on a recording. The Copyright Act provides that once a song has been commercially released, any other artist can record and release their own version of that song in an audio-only format (CD, cassette tape, vinyl, digital download etc) without the copyright owner’s permission so long as they pay the copyright owner or the copyright owner’s publisher the minimum statutory royalty rate for every copy of their version of the song that is pressed and distributed. Usually, the record label releasing the recorded version of a copyrighted song pays mechanical royalties to the publisher or songwriter according to the terms of a contract called a “mechanical license agreement”. Mechanical licenses can be obtained through the Harry Fox Agency (www.harryfox.com) or can be negotiated directly with the publisher or copyright owner of the song. Mechanical licenses do not apply to dramatic works such as operas, ballet scores, and Broadway musicals.

Synchronization License Fees A synchronization license is required any time the performance of a song is accompanied by visual images. Synchronization licenses are issued when songs are included in audiovisual works such as movies, television shows, TV advertisements, video games, etc. The fees paid for synchronization licenses vary according to the usage and the importance of the song. While a ten-second background use of an unknown instrumental song in a television show may generate a fee of only a few hundred dollars, the fee for the use of a full-length performance of a hit song in a major motion picture or national advertising campaign can be in excess of £65000.

Print License Fees While performance, mechanical and synchronization royalties are the main sources of publishing income, revenues from the sale of printed music can also be substantial. A songwriter receives royalties from a print license any time sheet music of his song or a folio or collection of his songs is sold. The royalties received from print licensing are usually a few cents per copy printed.

Trademarks
A trademark is a word, name, symbol or device, or combination of them, used by a business in commerce to identify its goods and services and to distinguish them from others. Trademark rights may be used to prevent others from using a confusingly similar mark, but not to prevent others from making the same goods or from selling the same goods or services under a clearly different mark.

trademarking a band name
Before deciding on a particular band name, it is important to determine whether anyone else is already using that name. A band’s rights in its name depend on a few key factors: whether the band used the name first; the geographic area (city, state, region, etc) where the band uses the name; and whether the band actually performs under the name. If the band used the name first it may be able to stop other acts from using the same or a similar name. However, unless the band has obtained a federal trademark registration giving it an exclusive right to use the name throughout the United States, the band would only have the rights to use the name exclusively in the areas where it was the first to use the name. For example, if a local band performed live or sold its CDs only in Chicago, it could not prevent a band in California from using the same name, but could stop the other band from using the name in Chicago if the Chicago band was the first to use the name in that area. Additionally, if a band applied for a federal trademark registration for it’s name in 2005, it could not prevent another band that started using the name in 2001 from using the name in the geographic area(s) where that band performs or sells its music.
Prior to choosing a band name, artists should conduct a thorough trademark search to ensure that the name they have selected is not being used by another band. A reasonably complete, and free, trademark search can be conducted independently utilizing online resources such as search engines like Google, Yahoo etc, and various online music retail sites (Amazon, I-Tunes, Napster, etc). Although these are good starting points, to be as careful as possible not to infringe on another band’s name, artists may want to hire an attorney specializing in these matters or a trademark search company to conduct a more comprehensive trademark search.

piracy and illegal downloads
The UK is the second worst in the world for piracy under the united states. Piracy costs the music industry billions of pounds a year and this is all down to the advancements in computer technology and the ability to torrent creative content through services like bitorrent and utorrent.

Artist representation

There are four different kinds of representatives that may represent recording artists, performers, and songwriters in the music industry: personal managers, agents, business managers, and attorneys.

Personal Managers: Personal Managers advise and counsel the artist on virtually all aspects of the artist’s career. The duties of a personal manager may include:
• dealing with the artist’s publicity, public relations and advertising 
• assisting in the selection of the artist’s material 
• devising plans for the artist’s long term career development 
• choosing the artist’s booking agent, road manager, lawyer, accountant et al and overseeing the artist’s relations with each of them 
• counseling the artist on what types of employment to accept 
• in some instances, acting as a liaison between the artist and the artist’s record company

 Personal managers are usually paid a commission of 15% to 25% of the artist’s gross receipts from all of the artist’s activities in the entertainment industry (recording contacts, publishing contracts, endorsements, television and movie work, etc). This commission, which may increase depending upon the artist’s success, is in addition to reimbursement of the personal manager’s travel and out-of-pocket expenses incurred in representing the artist. In certain states, such as California, a manager may not seek or procure employment for artists, as the artist’s agent typically performs this job.

Agents: An employment or booking agent’s job is to find work for the artist in the music industry. As compensation for their services, an agent typically receives between 5% and 15% of the artist’s gross earnings from any bookings, engagements, or employment secured by the agent. The agent’s commission percentage may vary depending on a number of factors, including state laws, the type of work, the length of time and/or the popularity of the artist. The laws in many states (including Illinois) require agents and talent agencies to obtain licenses before they can collect commissions and in some states, such as New York, agents can only charge artists a maximum of 10% for securing engagements.

Business Managers: Business managers, who are often Certified Public Accountants, look after the financial aspects of an artist’s career. A business manager’s responsibilities can include providing accounting services, paying the artist’s bills, advising the artist on investments, helping form corporations etc. As 1 compensation, business managers typically receive anywhere from 2% to 5% of the artist’s gross receipts or may get paid an hourly rate for their services.

Lawyers: In addition to reviewing, negotiating and drafting contracts and advising clients about the law, entertainment attorneys also often perform many of the same duties as personal managers, business managers, and agents. layers are either paid an hourly rate for their services or receive a percentage of the deals they negotiate on behalf of their clients.

 Before managers and agents will represent an artist, they usually require signed contracts. If approached by a manager or agent, an artist should consult an attorney to advise them and to handle any contractual negotiations on their behalf. You will need professional help before signing any agreement to be sure that the terms of the agreement (such as the fees, duration etc.) are fair to the musician.

sourced from - http://www.law-arts.org/pdf/Legal_Issues_in_the_Music_Industry.pdf