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Ozark, Al

190 West Reynolds
Ozark, Al. 36360
(866)-HARLOWS
venue@liveatharlows.com

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Rant: Are PROs Killing Off Small Businesses That Want to Support Live Music?

Rant: Are PROs Killing Off Small Businesses That Want to Support Live Music?

Many musicians may not realize it, but every time they perform live, the venue hosting the event is required to pay fees for any cover music played. These fees are mandated by Performance Royalty Organizations (PROs) such as the American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music, Inc. (BMI), and SESAC. While these organizations aim to ensure fair compensation for music creators, there are growing concerns about their impact on small businesses that sporadically host live entertainment.

The Purpose of PROs

PROs were established to safeguard the intellectual property rights of music creators, ensuring they receive compensation whenever their music is publicly performed. These organizations collect licensing fees from businesses and organizations that use music in their establishments, such as restaurants, bars, clubs, and live music venues. These fees are then distributed to the songwriters, composers, and publishers based on various factors like the frequency of performances and the size of the audience. They represent millions of musical works and serve as intermediaries between music creators and businesses that use music in their operations. Their role is not only to collect and distribute royalties but also to monitor public performances, enforce licensing agreements, and advocate for the rights of their members.

And for the record, I like that idea. I love the idea that hardworking songwriters are reimbursed for their talents. However, in my experience, none of the great songwriters I know have made a dime unless they manually enter in a performance. Let’s be real, there are no PROs in the crowd writing on a notepad the songs that are being performed, and therefore there is no accountability towards who should get paid. There is nobody checking… period. I’m not all that smart, but if there is nobody checking, how does the money get distributed properly? It doesn’t. BMI has recently provided an online option for performers to account for performances of their material, which seems like a start in the right direction. However, I’ve personally already seen this abused by an individual in the community that didn’t even have a song and said they performed at one of our locations. BMI paid them because there is no accountability. This means that now there is another level of fraud on the horizon taking away from songwriters. It’s just bad.

Hurting Small Businesses? And More Importantly, Musicians?

While the mission of PROs is to ensure fair compensation for music creators, the fees and licensing requirements they impose can present challenges for small businesses, particularly those with limited resources that host live entertainment only occasionally. Rather than options to pay the statutory rates per song performed by the artists, a yearly fee is created based on factors of the size of the business, if people dance, how many TVs, do they have karaoke?, how about a jukebox?, dance floor?, total capacity… etc. Each one of those factors will determine the amount the venue will need to pay. Mind you, not just one, but several PROs. Sure, it’s the cost of doing business, however, when you are dealing with spending thousands so you can have a guy or gal play an acoustic on a Thursday night, small businesses start to wonder if live music is worth the expense. There are actually venues which now stipulate if you report to the PROs, you are not invited to play (just heard that last night… CRAZY!)

Furthermore, understanding and complying with the licensing requirements set forth by PROs can be complex and time-consuming for small business owners. The process often involves navigating through a maze of legal jargon and paperwork, which can be overwhelming for those without legal expertise or dedicated administrative staff. Failure to obtain the necessary licenses or comply with PRO regulations can expose small businesses to legal risks, including lawsuits and financial penalties. PROs are like a mafia and aggressively pursue businesses that use music without proper authorization, regardless of whether the infringement was intentional or inadvertent. This in itself is enough to scare venues into not doing live music. It’s no joke, check out the articles below.

So here is my concern. If the amount of money being paid to PROs is not reimbursed somehow through the live music being performed, venues will stop doing live music. If the PRO’s continue to use threat tactics to venues, this encourages the decline of live music. All in all, these things impacts the musician’s ability to have a job as well as the songwriter’s ability to make money when live music is no longer affordable. Everyone loses.

I suppose that’s the cost of doing business with live music and if it were not already bad enough for bands and musicians, expect a “fee” to be taken from the band in the future. I could easily see a venue trying to offset the payment of the band with some sort of fee.. which doesn’t sound good to me as a musician, or maybe the venue just can’t afford to pay as much because of the fees.

I don’t know what the future holds, but I’m not a fan of the money grab with zero accountability and the money not going to the right people. Not a fan of fees based on the full potential capacity…etc. I think Congress should look into this a bit deeper and maybe rewrite some of the rules regarding the abstract fees.

The other frustrating thing is most venues don’t pay it; they just ignore it and hope to not get sued. I can’t in good faith do that, but likely the venue you are supporting with live music does not pay any licensing. If you are a songwriter and want to be on the side of the PROs, you probably shouldn’t be playing those places, but who am I kidding, this stuff only matters when money comes out of your pocket. LOL.

Rant over.

Pro tip #45: Leadership, from revolution to evolution

Pro tip #45: Leadership, from revolution to evolution

Harmony is a vital part of what makes a band sound great. The ability to harmonize throughout a melody immediately causes listeners to take note. However, many leaders fail to recognize that the most important harmony in a band is not audible. It’s the harmony that’s a physical bond and trust among band members and a leader’s ability to guide a band towards collective success.

I’m going to share a perspective which has ultimately led me to managing and building successful bands. If you’ve read any of my previous articles, you will see them talking about components of a successful bands such as same commitment, work ethic, and values, however, this one is directed at leadership.

Let’s first get this out of the way. Do you have to be born a leader to manage and lead a band? No. Matter of fact, industry has begun to acknowledge that people become leaders as a result of experiences (experiences = surviving mistake). I’ve often talked about going back in a time machine to punch myself in the face and this is no different. My actions as a young leader were terrible at best. Fortunately, I’m a quick learn and my survival of mistake (experience) has lead to some positive results decades later.

In this article, we’re going to talk leadership in a method of revolution versus evolution. With many years in management roles, leading teams, bands, companies, and even sports teams for my kids, I’ve been fortunate to learn some really valuable lessons and I can certainly testify that Theodore Roosevelt knew what he was talking about when he said “People don’t care how much you know until they know how much you care”.

It’s my hope that some young person who is starting a band will read this and consider that leadership is not about a title of being a boss and barking orders, rather, a skill that is about building teams and helping others.

Revolution vs. Evolution:

John Maxwell once said, “A leader is one who knows the way, goes the way, and shows the way.” This quote encapsulates the essence of leadership as a guiding force that navigates the path towards a common goal. However, the way leaders choose to tread this path and the outcomes can vary significantly.

Revolutionary Approach

A revolutionary approach to leadership in managing a band may entail swift decisions, imposing authority, and prioritizing results above all else. Although that may sound like a quick way to success, and generally used in the industry through “hired guns” (fired guns / commodities), it’s my opinion that it doesn’t truly build a band.

As an extreme example, if someone put a gun to your head and told you to do something, chances are you comply quickly. At no point in time would you respect the person who is forcing the action, nor trust them.

Assuming your band leader does not pull a gun on you, what about a band leader yelling about someone’s ability to not play something?  Maybe threatening that they will be fired from the band? Docking pay…etc?

While an approach with threatening words can yield immediate outcomes to many band members, it often fails to cultivate genuine respect and loyalty among band members. Instead of fostering collaboration and empowerment, the band members will ultimately have resentment and discord, ultimately undermining the cohesion and morale of the group and causing breakups or a rotating door of musicians in the band.

This type of leadership style often comes from growing up in an environment where authority is based on punishment and not reward. Generally, a hierarchical mindset or power which is completely opposite of what a band is, an ensemble of peers going for the same goal with mutual respect.

Is there a place for this style? sure.. the music industry has it now with hired guns. It is the easiest model to hire and fire musicians as commodities. Musicians are simply employees.

However, in the context of building bands, this method rarely works in my experience. I’ve witnessed band leaders to this day in our area whose reputation has been completely ruined and regardless of the great people in the band, the leader will likely never get support from the community because of the way they treated and led their band.

Evolutionary Approach

Contrastingly, an evolutionary approach to leadership prioritizes relationship-building, mentorship, and personal growth over immediate results. As John Maxwell aptly stated, “Leaders become great, not because of their power, but because of their ability to empower others.” In the context of managing a band, this means investing time and effort into understanding each member’s strengths, aspirations, and challenges, and providing the necessary support and guidance to help them thrive.

In the most successful bands I’ve led. I’ve made it a point to build on strengths, not weakness. Understanding members strengths and weaknesses allows a leader to grab on to the greatness of the player and showcase it.

A leader who adopts an evolutionary approach prioritizes open dialogue, active listening, and collaborative decision-making. By encouraging input from all members and fostering a culture of mutual respect, the band can harness the collective creativity and synergy of its members. A leader still must make the tough decisions, but the transparent dialog continues to foster trust and respect of the final decisions.

As an evolutionary leader, it’s not expected you are the one who does the greatest work, rather about you being a cheerleader to get the greatest work from your bandmates. This translates to providing mentorship, constructive feedback, and opportunities for growth to each member. By nurturing their talents and fostering a sense of ownership and accountability, the leader empowers band members to unleash their full potential.

Last, every great band is driven by a compelling vision and a shared sense of purpose. An evolutionary leader inspires and motivates band members by articulating a clear vision, aligning individual goals with collective objectives, and leading by example. By instilling a sense of purpose and passion in their work, the leader galvanizes the band towards greatness.

Conclusion

You have a choice as a leader. You can be a Boss, make the rules, and drive members to comply or you can embrace an evolutionary approach to leadership, rooted in relationship-building, empowerment, and vision that cultivates a culture of excellence, collaboration, and innovation. One may work in the short term but the other will continue to rock for decades. Rock on!

Pro Tip #44: Support other bands (a.k.a. Be like Val)

Pro Tip #44: Support other bands (a.k.a. Be like Val)

This short article was inspired by our own local legend Val Smith, from the band Midlife Crisis. If you are on the Facebook, inevitably you will see posts and shares from Val in regards to just about any live music event and band. What’s most impressive is that he even shares others band events that would technically compete with his band on the same nights. Val, like many in our area, represent what is good in our community. Steve Hutson, you are another one with your events listings (thank you).

So, without further ado and a little sarcasm. Welcome to Pro Tip #44

So, you’re in a band, huh? Living the dream, killing it in the wiregrass, and making all that money at your local watering hole. You are the best and can play three steps like nobody’s business. But hey, have you ever stopped to think about the other bands out there trying to make it? No? Well, you should, because if you’re not supporting your fellow musicians, you’re basically sucking at life. Let me tell you why.

It’s Called Solidarity

Duh! Imagine a world where every band was just out for themselves, only caring about their own gigs and their own success. Yeah, sounds pretty lame, right? Supporting each other creates a sense of unity in the music scene. So, if you’re not sharing your fellow band’s posts or showing up to their shows, you’re basically telling the world, “I’m too cool to care about anyone else.” Congrats, you suck.

Karma’s a Bitch

You know that feeling when you’re desperately trying to get people to come to your gig, but it feels like pulling teeth? Well, guess what? If you’ve been a selfish jerk and haven’t supported other bands, don’t expect them to come flocking to your shows. Karma’s got a funny way of biting you in butt.

Networking, Baby!

Here’s a little secret: the music industry is kinda all about who you know. By supporting other bands, you’re not just being a good person, you’re also expanding your network. Who knows, that band you helped out might just return the favor one day and introduce you to someone who could change your life. But hey, who needs connections when you’ve got your own ego to stroke, right?

The Power of Social Media

Ah, social media, the holy grail of self-promotion. Sharing posts and events from other bands not only helps them out but also shows your followers that you’re not a self-centered narcissist. Win-win, my friend.

Because, Seriously, Who Wants to Be Known as That Band?

You know the one I’m talking about. The band that everyone rolls their eyes at because they’re too busy patting themselves on the back to lend a hand to anyone else. Don’t be that band. It’s important to market yourself well but be the one that’s known for lifting others up and making the music scene a better place for everyone as well.

Last thoughts

On a less sarcastic note, folks like Val and Steve are great humans. They do this for the love of the community and expect nothing in return. As humans, I think it’s easy to do things like this and then ultimately start to feel resentment when others don’t do the same or even support with a like or comment. I encourage us all to start sharing, at a minimum, when your band is not playing a date. Being part of a community and showing support certainly pays dividends. I’ve seen this time and time again with bands that perform at Live at Harlow’s. It has nothing to do with me but there is an bond of sorts that comes from performing on that stage. I’m always extremely proud to see bands that have played at the venue share gigs, share experiences, and make lasting friendships. Our community has an opportunity to make our area a live music hotspot, but we’ve got to work together. All ships rise at high tide!

“Pro Tip #43: We’re in the entertainment business”

“Pro Tip #43: We’re in the entertainment business”

In the dynamic landscape of the music industry, live performances have evolved into a captivating visual experience. The era when exceptional sound alone guaranteed success is fleeting. Today, concerts are immersive spectacles, incorporating video walls, dazzling lights, and unwavering energy. The belief that great music alone ensures triumph is being challenged, even for the smallest local bands. As a venue owner and musician, my experiences as well as others I have talked to have led me to a crucial realization: a band’s sound might not be the most important or the ultimate key to success and growth.

It’s said, the music business sells records, but bands performing live are unequivocally in the entertainment business. Having witnessed technically proficient and great sounding bands struggle for engagement and less technical and worse sounding ones amass devoted followings, I can affirm that charisma and entertainment value often outweigh musical prowess.

This article is tailored for those stuck in a gigging rut or feeling like the fan base is not growing. Here are some strategies, ranging from free to mid-priced options, to enhance your entertainment value.

Free Strategies to Increase Entertainment Value:

All-Out Charisma:

Radiate infectious vibes by showing you’re having a blast on stage. A genuine smile can go a long way. The too cool for school went by the wayside. Simply showing you are having a great time will encourage others to do the same. It works.

Communicate with Authority:

Embrace your role as an entertainer; engage the audience with enthusiasm. Acknowledge the venue, city, and express appreciation. Do this with conviction and don’t forget to thank those watching and the staff who gave you an opportunity. Own the mic.

Move Like Jagger:

Harness the power of body language. Infuse energy into your performance; simple movements like jumping can resonate with the crowd. You would be surprised to see that the crowd will follow your movement. Think big concert, wave those hands in the air.

Dress for Success:

Consider your stage appearance. Dressing uniquely can leave a lasting impression. Make it known you’re in a band and the entertainment. Wearing the same clothes from your job site is likely not going to give off that special vibe.

Strategic Song Choices:

Craft a well-thought-out setlist to transform your concert into a cohesive narrative. Play what resonates with the audience to gain and retain fans. The songs you play are directly related to the entertainment experience of the listeners.

Lower-Cost Enhancements:

Banners/Branding:

Invest in impactful banners to convey a professional image. Include band name, website, or QR code for lasting recognition. This is my first and foremost thing I mention to bands. A $100-$300 investment can pay thousands in dividends and give the gift that keeps on giving when folks who see a video recording now know the band name in the video thanks to the banners.

Cheap RGB Lights:

Purchase budget-friendly RGB lights for a visually stimulating performance. 8 of them is just over $100. Even in auto or sound mode, it can provide an enhancement to the show.

Smoke Machine:

Enhance your light show and stage visuals with a smoke machine, but be mindful of its impact on the singer. $50 – $150

Cheap RGB Lights / Banners


Mid to High Priced Investments:

RGBW Lights:

Upgrade to brighter RGBW lights with presets for a visually enhanced show. Incorporate a DMX controller for greater control. $60 – 80 per light and up.

Moving Lights:

Consider moving lights with a DMX controller for dynamic effects. Exercise caution though using presets that just randomly flash and have no real visual design. It can be annoying. $100 and up per light (they go into thousands)

Hazer:

Upgrade the smoke to a hazer which produces a lingering haze that enhances the visual impact of lights, creating a dynamic atmosphere. ($200 and up)

Trussing:

Elevate your stage with lighting truss for a professional concert environment. ($200 and up)

Drum Riser:

Invest in a drum riser for a visually striking and acoustically beneficial stage setup. ($200 and up)

You can spend as much money as you want going down the bells and whistles rabbit hole, trust me. However, the bells and whistles should NEVER be a substitute for human interaction. The foundation of entertainment / entertaining is within the people on stage and their ability to connect to the audience.

It important to also note a connection doesn’t always mean high energy either, it’s whatever it takes to get that listener / viewer engaged and part of the show. Telling folks they are beautiful or telling them to grab a hold of each other has a impact which causes unity.

As we’ve written before, the performance / entertainment process is passing energy back and forth from the audience to the band. However, IT STARTS WITH THE BAND. It’s extremely important to remember the band has to start the fire to create the entertainment. Too many bands wait for the audience to give them energy first or use it as an excuse to say “I only get into it when others get into it”, which is a sign they are not truly being entertainers. As many previous articles state, people hear with their eyes. Just as people will judge whether a band is good or great on how they look, perform, and more importantly, entertain.  

Hopefully this article can give you some ideas. I have employed each of these as seen in the pictures and found they greatly enhance opportunities (financially, gigs, and frankly fun). Rock on!

Pro Tip #42: The Cost of Deception: Consequences of Lying to Fans as an Artist

Pro Tip #42: The Cost of Deception: Consequences of Lying to Fans as an Artist

Introduction:

In the dynamic world of the music industry, artists and bands often find themselves navigating a delicate balance between artistic expression, marketing, and maintaining a positive relationship with their fan base.

When I started this article, I wanted to title it “Don’t believe your own bullshit” but felt if that might be a little too harsh for some readers. After all, I write these articles in hope to encourage and direct young or inexperienced musicians on the right path.

If it was not already hard enough just playing music, you’ll quickly find the world of music today requires even more strategy than ever before. Failure to know boundaries can can quickly lead to someone crossing the line (until it’s too late).

As an example, marketing. In today’s world, it’s extremely challenging to stand out with all the “hype”. The days of “we are a 90’s cover band”, struggles to stand up against something like “The Ultimate 90’s Rock Experience” when found on google. It’s almost a necessity to over hype.

But.. are they “The Ultimate 90’s Rock Experience”? Maybe to some or maybe not to others but it’s not outside the possibility and is not unreasonable. Moreover, I think it’s safe to say that the statement will not create a storm of negative publicity and generally will gather better results with talent buyers over those who don’t create “hype”.

However, imagine if that same local band said something outlandish like “We’re going on tour with (insert big national touring artist)” or “Our last video of us playing cumbersome (filmed at a local bar on a cell phone) was on at the half time show for the super bowl”.

BS! LOL.

The truth is, the odds of that happening are up there with winning the lottery and honestly require more money than you could possibly imagine (nothing is free).

I don’t want to sound like a Grinch or bah humbug during our Christmas season but… let’s manage our expectations and be real for a moment knowing all other outlets for the band such as followers, video views, and likes don’t represent that level of success.

For the believers of those outlandish remarks, some would congratulate (it’s on the internet, it must be true). However, that generally puts a couple things in motion which become detrimental.

– The ones who congratulated them unknowingly become enablers, encouraging more outlandish statements than the last to maintain “hype”

– Eventually, those who supported the band slowly start to feel deceived and become resentful when those events don’t happen for some other outlandish reason as an excuse.

For me, if I know them and see this activity, I first feel worried for the band and then start to feel like I’m doing a disservice for not speaking to them. The impacts of these activities are not just on fans, the music community, but the members of the band both personally and professionally. When honesty is compromised and lies permeate the artist-fan dynamic, the consequences can be severe. Saying nothing in my opinion is irresponsible. Especially if you know the impacts.

Bottom line: Don’t believe your own bullshit.

Here are 5 reasons to not “oversell”, “overhype”, “stretch the truth”, or other term to somehow dilute the word lie.

1. Erosion of Trust:

Trust is the foundation of any healthy relationship, and the artist-fan connection is no exception. When artists deceive their fans, whether it’s about personal matters, artistic intentions, or promotional strategies, trust erodes. Fans invest not only in the music but also in the persona and authenticity of the artist. Once that trust is shattered, rebuilding becomes an uphill battle.

2. Loss of Authenticity:

Authenticity is a precious commodity in the music industry. Fans are drawn to artists who present genuine emotions, experiences, and stories through their work. Lying undermines this authenticity, turning an artist into a mere facade rather than a sincere storyteller. The result is a loss of connection with fans who seek a genuine and relatable artist to support.

3. Negative Public Perception:

In the age of social media, news travels fast. When an artist is caught in a lie, the repercussions extend beyond just disappointed fans. Negative publicity can tarnish an artist’s reputation, making it harder to secure collaborations, partnerships, or even future performance opportunities. The music industry is a close-knit community, and word-of-mouth can significantly impact an artist’s career trajectory.

4. Decline in Fan Base:

Fans are discerning and can quickly distance themselves from artists who engage in deceptive practices. Social media platforms empower fans to voice their opinions and share their disappointment, potentially leading to a decline in an artist’s fan base. This decrease not only affects immediate album or merchandise sales but also has long-term implications for an artist’s overall career sustainability.

5. Impact on Revenue Streams:

Beyond the emotional and reputational costs, lying can hit an artist where it hurts the most—their income. A loyal fan base is crucial for sustaining revenue streams such as concert ticket sales, merchandise purchases, and streaming numbers. When fans feel betrayed, they are less likely to invest in these revenue-generating avenues, resulting in financial setbacks for the artist.

Conclusion:

For artists and bands, maintaining honesty and transparency with their fans is not just a matter of moral responsibility but a strategic necessity. The consequences of lying extend far beyond the immediate fallout, affecting an artist’s trustworthiness, authenticity, public perception, fan base, and revenue streams. In an industry where success relies heavily on the support of a dedicated audience, preserving integrity should be a top priority for any artist seeking long-term prosperity. If you recall previous articles, you’ll likely see a theme on integrity. Integrity has been found to be a common character trait across successful people.

For the majority, this article should not apply (thankfully), but if you find this article just hit you in the face, it’s time for a change. Please do yourself a service and be truthful to reestablish your integrity and character for a successful run in this world we call the Music business. The majority of us want you to succeed. Cheers.