Put Some Smile In It

Jun 10 2009

What a way to start the week. I picked up Billboard on Monday and saw the news that record sales had just dropped yet again, falling to 18 percent behind May of last year, and down 36 percent from the previous year. Yet, just when I was about to panic, it came to me, like the title of a country song:

When sales go down the drain, you’ll find your money in the sync.

And so it is that all of the focus in publishing today seems to have shifted from mechanical royalties, the money earned for the sale of downloads or little plastic discs called CDs, to synchronization fees, the money paid to publishers and songwriters each time a song is used in a film, TV show, advertisement, video game, etc. This focus would explain why four hundred people were crammed into a room with three hundred chairs at last week’s Billboard Music and Advertising Conference, where everyone in the industry was out to learn how to get the much sought after branding opportunities and advertisement placements that have broken artists from Feist to Groove Armada. We’re all looking for the money in the sync.

In looking over the agenda for that two-day conference, I was struck by one of the subjects that seemed to come up again and again: “What makes a licensable track?”

Good question. If you believe most of the panelists at the conference, it is akin to asking the meaning of life. “Mmm, impossible to say”, “could be anything”, “just depends”, “all a matter of luck and timing”. Wow. Glad I paid $300 dollars to learn that.

Of course, all of this is quite true. There is absolutely no common characteristic that all songs used in commercials or branding campaigns share– anymore than there are common characteristics among all brands. No matter what guidelines one might suggest, there will always be a song that is an exception. If one is looking to discern absolute truth, the “no answer” answer is certainly an accurate and honest point of view. But, if you’re looking to create songs that are more licensable, it’s not a huge help.

On the other hand, if you’re a publisher, and you see hundreds of sync opportunities come and go each year, and you license dozens or even hundreds of songs in advertising campaigns, television shows, video games, movies, singing stuffed dragons, and greetings cards, you have a slightly different perspective. If you do this day in and day out, it’s no secret that out of a catalog of say, 2500 songs, there will be about 10 that will be licensed over and over again. When I was at Zomba Music Publishing, we used to joke that we could cut the whole staff and do nothing but license “I Believe I Can Fly” and probably come out ahead at the end of the year. Every song has an equal opportunity at a placement, but some songs are more equal than others.

So even if it’s only as a creative exercise, maybe it’s worth trying to actually write something aimed at the sync market– rather than writing blindly, and then hoping something just happens to match up with the right campaign or movie scene.
From a publisher’s point of view, here are the qualities that get a song into sync:

1. IT HAS TEMPO. Usually this means it’s up tempo- or at least aggressive enough rhythmically to feel up tempo (as a lot of urban records are actually pretty low in BPM). In certain spots, it’s feasible to get away with something that’s a more relaxed, mid-tempo kind of song, but there are not many advertising campaigns shot to slow, leisurely ballads. Fundamentally, it’s a little difficult to fit a significant portion of a very slow song into what might be a 30 second spot. More importantly, it’s just not very exciting. Most media, whether it’s film, television, advertising, or gaming, is built on excitement and energy. It helps to have tempo.

2. IT SOUNDS GREAT. Obviously, most songs placed in advertisements, films and television shows are fully finished recordings. Still, especially in television, there are a fair amount of demos that find their way into broadcast. Sonically, it should sound like a polished, well-produced recording. This doesn’t mean everything sounds the same– it might be a very stripped-down, “Bubbly” type acoustic guitar and vocal, or a pounding techno track– it has to have whatever sonic quality is appropriate to a finished record in that genre.

3. IT HAS A CLEAR SENSE OF STYLE. You could call it trendy if you want– certainly that trendy sound helped Moby place track after track of his seminal album “Play”. But there are plenty of rootsy Americana acts that find placements, even though they’re anything but trendy or fashionable. The key element is a clear sense of style and an appeal to a very specific audience. The advertising business, and by extension the television business (which is really just advertising with some additional air-filler thrown into the mix), is all about target marketing. Few products or advertisements are aimed at everyone– they are carefully researched to appeal to a specific segment of the population. Consequently, advertising agencies are looking for acts or sounds that very clearly match their target demographic. If you can’t define precisely who your audience is, or which market your song will appeal to, it’s not going to be of much value to the advertising and branding world. Be fashionable and trendy, rootsy and organic, dangerous and edgy or cute and cuddly– but don’t fall somewhere in between or for that matter, try to be all at once.

4. IT’S POSITIVE!!! More than anything else, songs that are sync-able are usually positive, uplifting, inspiring, funny or touching. They are not sad, heartbreaking, angry, melancholy, or potentially offensive. Want a summary of what advertising agencies are looking for? “Happy; ‘this is my moment’ attitude”, “party; having fun with my friends”, ala Sheryl Crow’s ‘Soak Up the Sun’, “inspiring; we can rise above feeling”, think Natasha Bedingfield’s ‘Unwritten’, “family, nostalgia, times of our life”, songs with the word ’smile’ in them, “beauty, purity, vitality”, something like ‘I Believe I Can Fly’. I’ve been seeing these same advertising key words and briefs for fifteen years. I’ve never seen, “sad, reflective, introspective thoughts about a difficult break-up with a boyfriend”.

If you want to be part of the sync world, don’t spend your time writing touching songs about your insecurities and failed relationships. In fact, don’t even spend your time writing love songs about personal relationships. If you’re going to write love songs, write them about family ties, love for friends, love of life, anything but boy-girl love stories.

But what about… ???? I know. You’ve thought of some exceptions to these guidelines– songs that slipped perfectly into the advertising environment despite the fact that they violate one or all of the above criteria. These exceptions are why most publishers prefer to have a catalog of 2500 songs rather than 10. It doesn’t change the fact that 10 songs out of the 2500 do most of the heavy lifting. The goal is not to try to be an exception. The goal is to be one of the frequently pitched songs.

This bias toward positive, up tempo, genre-specific, great-sounding songs is hardly exclusive to the sync world. But as our industry shifts increasingly away from album sales toward single downloads, film, television and advertising placements, publishers and songwriters have to acknowledge that it is next to impossible to find a home for those quietly sensitive, love-gone-wrong ballads that used to make a lovely track #8 on a CD. Love it or hate it, the media world sells fun, energy, attitude and confidence. If that’s where you want to be, then take the advice that the jingle producers of old used to offer their jaded, bored studio singers, as they knocked out one last take of a 30 second song about toothpaste:

Put some smile in it!

    Yes like these greedy publishers who are now taking %65 of up front licensing fee and giving the artist %35 (orginally 50/50 split). They don’t write the music or pay for the recording of the music and feel they need to rape artists and own more of their music than they do. Its ridiculous!
    And this is becoming more and more a standard. The music business is really upside down. Read the email from Pump Audio telling the artist that they are going to rape them even more because they have to pay their bills and not downsize.
    —————————————-
    Dear Pump Audio Artist,

    We would like to thank you for your music and congratulate you on being part of one of the fastest growing music licensing companies in the world. Since the acquisition of Pump Audio by Getty Images, we continue to hear praises from a wide expansion of our clients on the depth and quality of our catalog and that is a testament to you.

    As we plan for the future growth of our offering to the global music licensing client base, we have determined that to fully support the 400+ person Getty Images sales staff and invest in marketing and technology needs that we must make adjustments to the current revenue split system. By making these changes, we intend to accelerate the pace of our growth and achieve our goal of becoming the largest music licensor in the world.

    The new model will be as following:

    1) Licensing fees will now be 35% to the artist, 65% to Pump Audio/Getty Images

    2) This change will take place as of July 1, 2009. Any royalties payable through June 30, 2009 will not be affected by this change

    3) Performance royalty splits will remain at 50% of the publisher’s share

    4) Those that don’t accept the new split will have their music removed from the system no later than December 31, 2009.

    5) The rights you granted to us in the original contract do not change

    If you have any questions, please email artistrelations@pumpaudio.com.

    In Josh’s posting, he lists Pump Audio’s new model for licensing fees. Assuming you’ve performed and produced the track that gets licensed, how does the 50% performance royalty split of the publishers share fit into the 35/65 split already mentioned? What is a clearer picture of the actual situation?

    Josh, Good to know about that Pump audio situation, I am getting ready to send music their way. Of course, I always go back to (which complete devalues what I do…) the old what’s 50% of nothing saying… of course we live in a country based on capitalism so pump isn’t the only girl to ask to the dance…

    The way I look at the content of licensable music is you must be outside the box, but inside a larger box… if you know what I mean. This is the same thing that applies to any corporate job in marketing, “come up with something really unique, but not to unique…” I know that I need to work on my “happy”. I was rifling through a bunch of my tunes the other day and saying to myself, “man Brandon, ironically melocholy must be your sweet spot”… So nonetheless that was a good reminder :)

    - Brandon
    http://www.youtube.com/brandonkeeley

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