by Sheryl Nance-Nash
Producer Ty Baldwin aka Ty-Up has worked with Jay-Z, Trey Songz and the like
These days, the music business, particularly the urban and R&B sector, is driven by producers. For those with an ear for unique sound, opportunities abound to profit from making beats, although it takes more than skill at the mixing board to make money.
Producers not only create the sound bed and refine the tracks artists lay on top, but more and more, they are representing innovative businessmen and women, according to Wallace Collins, former recording artist with Epic Records, now practicing entertainment law in New York.
Before jumping in, novices would be wise to consider the advice of Calvin Hill, CEO of Marinated Musiq in Atlanta: “Learn the business. This career is 10% entertainment and 90% business.”
He warns that legal awareness is a big part of protecting and nurturing one’s career as a beat maker.
“Anyone can be a music producer,” he said. “What separates the men and women from the boys and girls will be how your music sounds and what kind of legal protection you have for your music. Get one or both of these wrong and you will get crushed in the world of selling beats.”
For Ben McLane, an attorney specializing in music law at McLane & Wong in North Hollywood, success not only takes talent and good counsel, but a dedication to connecting with people. “If you want to get your stuff out there, it’s about building relationships, networking with lawyers, labels, artists, as many as you can,” he said. “Because when you’re new, nobody wants to take a chance on you. You have to create your own success by hustling until you get your break. Be good, be visible, be aggressive, eventually you’ll get a break.”
And when that break comes, the work doesn’t stop there. “When you’re a new producer, you may create a beat and get
a couple of hundred dollars but a big name artist takes the credit. It’s important that you get your name listed — no credit, no money,” said McLane.
Ty Baldwin, also known as Ty-Up, wrote his first beat at 13. Today at 38, he recalls the early days of offering his beats for free to get his name out there. He’s had the displeasure of hearing his tracks slightly altered and claimed by someone else. “It’s a grimy business, especially now that a lot of the independent labels are gone,” he said.
In 2002 Baldwin founded Tag Music Group (TMG) in the Washington, D.C.-Virginia metropolitan area. Known for incorporating varied elements into his music, especially strong backbeats and funk, he’s collaborated with performers like Jay-Z, Trey Songz, Big Pun and Bobby V.
Things have changed a lot since he started out. “The labels are getting young producers so some veteran cats are not getting paid what they are worth,” he said. “The labels are picking up kids who will do beats for cheap because they’re hungry to get their name on a CD jacket.”
Hill said that someone of his caliber can earn between $5,000-$15,000 for a beat but the big names can earn much more. “Super producers like Timbaland, R. Kelly, The Neptunes and DJ Khaled earn hundreds of thousands of dollars from single productions.”
But for most producers starting out and marketing their work on the internet, compensation is modest. Typically, these individuals lease beats for $10-$100. In such an arrangement ownership , the beat remains with the producer. There are alternative deals in which the exclusive rights to beats are available for purchase, fetching $250-$5,000 per track.
What determines price? Factors include the producer’s credentials and the artist or label they are engaging. “It’s all negotiable, especially if the artist or producer is a platinum-selling one.”
The process is multi-layered. “It starts with a producer and his or her music, so we initially own the masters to each beat,” said Hill. “We then negotiate with major record companies or independent labels for royalties and up front costs of the music itself, therefore, retaining some type of residual earnings to the music and credits for number of units sold.”
Simply put, it’s up to the producer to negotiate a deal with the most favorable terms. Some like to set the price of the track and release all rights, while others will ask for money up front along with a percentage of record sales revenue, known as points.
“I can tell you, it’s a tough conversation to have when you are a beginner, ” Hill said of negotiating the right contract. He authored two books to help industry hopefuls navigate the hurdles, The Amazing Music Formula and Record Deal Marketing.
When a producer creates a beat there are two copyrights that come into play: one in the sound recording and one in the underlying musical composition, beat, melody or song. According to Collins, “it is best for a producer not to sign a contract that just gives the beat away as a work for hire for a fixed dollar amount and nothing more. That would be betting against yourself.”
He advises retaining some rights in the sound recording copyright and the song copyright and entering into a standard producer agreement. Although a producer agreement might require that the sound recording copyright be transferred to the artist or label, the underlying song copyright should be retained by the producer.
For songs in which the producer creates the music track and a rapper or singer creates the lyrics, ownership rights are typically evenly split, explained Collins. “A hit single on the radio can generate a lot of money for the producer/writer,” he said. Such an arrangement allows for the producer to benefit from the popularity of the song, enabling him to collect royalties throughout the song’s life as it is sampled, included in compilations, and requested for film contracts, etc.
Producers need not be attached to a record label, or have an agent to make it in the business. What they don’t want to be without, however, is a lawyer to review the contract. “It’s very important for a producer not to sign anything other than an autograph, without having his or her lawyer review it first. Otherwise, he or she risks giving away valuable rights,” said Collins. “There is nothing worse than hearing a big hit on the radio that you produced and watching everyone else get fame and fortune, and you get nothing.”
For sure this career track is not for the faint of heart. “Don’t let the naysayers who don’t like your music stop you from pressing on. In 1999 when I was starting out, my music was horrible,” said Hill. “Practice does not make perfect, it makes for consistency, always remember that. I learned a lot and my dreams are coming true.”
