Archive for the ‘Music News’ Category

The Heretic’s Comment: We ran across a great Forbes article by columnist  Zack O’Malley Greenburg discussing Mac Miller’s independent march to fame and fortune. If you want some motivation to keep you going in this brutal game called the Music Industry, take time out to read this excellent article. The article will take you about 10 minutes to complete. The link appears directly below.

http://www.forbes.com/sites/zackomalleygreenburg/2011/12/19/mac-miller-indie-music-savior-30-under-30/

Closing Comments:

Read this article!!! It will motivate you!!!

The thing I love about Mac is that he gets it. He understands that it is better to get a bigger slice of a smaller pie, than almost no slice at all from a huge pie. When you do the numbers, dollars wins over pennies. But what artists/musical groups/bands get caught up into thinking is that having the major label machine behind them will translate into them making more money. It sounds good, but in most cases it is not true. Now I grant you, if you are signed to a major label you may be able to charge a higher fee for your shows, but those days are rapidly coming to an end. Nowadays, you can’t draw people to a show just because you are an artist signed to a major label, instead people attending live shows are there because somehow they feel connected with that particular artist whether or not that artist is signed to a major label.

It boils down to your efforts to consistently connect your music to a fanbase that is loyal to you as opposed to being loyal to the record label you may happened to be signed to. We have a post called Rent-A-Fanbase versus Own-A-Fanbase that goes into this topic much deeper and we highly recommend you to read.

Find a way to get your music and products into your fans’ hearts and that will get you to the money. It is not easy….but it can happen…just read Mac Miller’s story!!!

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The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We also have other projects in the works that we will be sharing with you soon!!!

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The Heretic’s Comment: The issue revolving around how recording artist should be paid from digital downloads continues to be fought out in court. In 2010 Eminem was able to win a lawsuit against Universal Music Group for how it was calculating the royalties payable to him for digital downloads (please search for our earlier post which discussed the Eminem lawsuit). And now a few weeks ago, a California Federal Judge gave initial approval for allowing a class action lawsuit to move forward against Universal Music for the same issue that was the basis of the Eminem lawsuit.

As a brief review, the essential issue that recording artists are hopping mad about revolves around Universal Music’s “fuzzy logic” in arguing that digital downloads operate as a sale and not as a licensing event.

Why does Universal Music want digital downloads to be classified as a sale and not a license, because their recording contract will allow them to pay the artist the standard artist rate (10 to 20 percent of retail) (in other words pennies on the dollar).

On the other hand, why do recording artist want digital downloads to be treated as a license, because recording contracts normally require that granting a license to a recording requires the Record Label and the artist to split the licensing fees 50/50.

So we are talking about a significant difference in the amount of money the artist can make per digital download sold based on whether the digital download is classified as a sale versus a license.

Please see the link below for further discussion of this very interesting topic. We will keep you posted on this developing issue.

http://www.hollywoodreporter.com/thr-esq/universal-music-lawsuit-rob-zombie-rick-james-256662

Closing Comments:

If you are already selling product independently and a record label offers to sign you to a recording agreement, look at the way the record label is attempting to calculate your payments for product sold. Remember, most artist who sign with major record labels never see one dime of artist royalties, so make sure that if you are able to sell enough units to pay for your recording fund that you have maximized the money you will make per unit sold.

Your best defense against the above, is to try and get the record label to pay you the biggest advance possible upfront. Unfortunately, however, advances are not what they use to be…but if you sign a recording agreement and don’t get any money up front, you are setting yourself up for the victim scenario!!!

Something to think about!!!!

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The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY FROM YOUR PROJECT Movement……..

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The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We also have other projects in the works that we will be sharing with you soon!!!

 

 

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The Heretic’s Comment: I was reading a post today by Eric Mark of CNet discussing whether Music CD’s will be dead in 14 months. The article is a nice short read and we have provided a direct link below.

The question I want to pose, however, is whether CD’s can still be a money maker for independents. My vote is Yes!!

Just check it out, despite the fact that digital music sells continue to grow on an annual basis, Major Labels are still generating billions upon billions of dollars in CD sales. The thing to keep in mind is…and Major Labels know this…there is nothing like physically holding your music. I know that sounds strange, but it is true.

Just think about it…that’s why the LP cannot be killed off…because there remains a class of music consumers that still cherish the experience of purchasing a physical LP (which will quite naturally contain all of the Album Artwork and Liner Notes) and this consumer loves the experience of holding and looking at that album cover while enjoying the music. This experience is very difficult to duplicate on an electronic screen…though tablet computers somewhat give you the sensation because you can hold the tablet in your hand while listening to the music….but it is not the same as holding a LP.

The other thing about LP’s that has not been duplicated in the digital world (in my opinion) is the warmth you get from analog recordings. The music sounds warmer to me on an LP versus the more sterile sound coming from digital music formats. Again… my opinion.

Now, as we look at LPs versus CDs, because so few people have record players (though the numbers are growing), the CD gives us the next best experience of holding the music while you are listening to it….and this represents the life-line which will allow CDs to continue to survive.

So my argument is that the independent music community should not abandoned CD’s. If you have  7 or more songs that you really feel great about, make the effort to come up with some creative cover art and interesting liner notes and then manufacture CD’s of your project. You don’t have to press up 1000′s, but press enough that you can sell at shows or through consignments. You can also use them for special promotional campaigns with your Fans.

Don’t limit your musical product to the digital world only. You can still generate consistent cash-flow if you use CD’s as part of your product strategy. Let us know your thought.

http://news.cnet.com/8301-17938_105-57321531-1/will-music-cds-be-dead-in-14-months/

 

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The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY FROM YOUR PROJECT Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We also have other projects in the works that we will be sharing with you soon!!!

 

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The Heretic’s Comment: techdirt columnist Mike Masnick wrote an interesting post today that we wanted to discuss briefly in The Heretic.  Mike described a situation where a self-published author discovered (unfortunately) that through a software malfunction of some kind, that Amazon gave away over 6,000 copies of his book for free.

Unfortunately, when the mistake was discovered, Amazon refused to pay the Author any royalties for the missed book sales, stating that its contracts protects it from having to pay obligations of that kind. Wow!!! In other words, Amazon argues that it is selling books as a retailer and that its contract prevents it from being classified as a licensee to the Author.

Why is this important. Because if Amazon’s relationship to the Author is only to stock the book and make the book available for sell when ordered by a customer (just like any retailer does),  then Amazon is only responsible to pay the Author when an actual sell is made.

On the other hand, if Amazon is viewed as a licensee of the Author and that its rights to sell the book is conditioned on its obligation to abide by the terms of the license, then the Author has a claim against Amazon for unauthorized distribution of his book under copyright law.

Closing Comments

The thing to keep in mind when using a Conglomerate to sell your product is that he who has the gold makes the rules. In this case, Amazon makes the rules because it owns the platform that you are attempting to sell your product through.

So my advise is to go the extra mile (if possible) and strategize ways to get people to purchase your product from a platform that you have better control over…your own website.

We advise our clients all the time, don’t always go with the route of least resistance when you are formulating plans on how to best sell your product.

Always remember there are Companies that are worth millions of dollars, because they have setup systems that are specifically designed to make things as easy as possible for you to use their platform to sell your product through.

But there is a huge catch to the convenience the Conglomerate is offering you. If things go wrong, you have virtually no leverage to fight back, because when you agreed to the terms to use their platform (by checking the box), the Conglomerate forced you to waive almost all of your rights as long as you keep using their platform.

So think about this before you so excitedly sign up to use iTunes, Amazon, iBooks, Tunecore, etc to sell your product through.

You can read Mike’s original post directly below

http://www.techdirt.com/articles/20111105/00070816645/are-there-any-legal-issues-if-amazon-accidentally-gives-away-thousands-your-ebooks-free.shtml

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.

The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY FROM YOUR PROJECT Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We also have other projects in the works that we will be sharing with you soon!!!

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One of music’s reigning patriarchs, Plan to Dominate the Industry

Mr. Doug Morris, one of music’s reigning patriarchs, took over Sony in July, after 15 years at Universal. He is seen as the most capable person to secure Sony’s music division, which has been overwhelmed by internal squabbles since its merger with BMG in 2004. “So far he has been aggressive in trying to remake the company, the home of artists like Bruce Springsteen, Beyoncé and Usher. “

“At 72, his age and experience summon up the inevitable charge that as part of the industry’s old guard he is ill-equipped to thrive in the digital age. Mr. Morris rejects that notion, pointing out his role in creating Vevo, the hugely successful music video site.”

“Last Friday afternoon, after months of talks, Mr. Morris signed his first major new deal, with Dr. Luke, the pop producer behind big hits by Katy Perry and Kesha. It creates a record label, Kemosabe Records, to be financed by Sony and run by Dr. Luke in Los Angeles. And, perhaps most valuably, it also gives Sony exclusive rights to Dr. Luke’s services as a producer for five years.”

As new chief executive of Sony Music Entertainment, says “My plan here is very simple, to help create the pre-eminent record company in the world.”

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.

The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY FROM YOUR PROJECT Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We have other projects in the works that we will be sharing with you soon!!!

 

 

 

 

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Drake Addresses Album Leaks

attorneycross On November - 8 - 2011ADD COMMENTS

Drake Addresses Album Leaks

On Sunday night (Nov. 6), while Drake was in his hometown debuting a new song, “Crew Love,” from his upcoming sophomore album, “Take Care” (Nov. 15), on Toronto’s Flow 93.5, a leaked version of the project began circulating online. The version of the album that appeared featured 16 tracks — a few shy of the full collection said to be coming to retail. “I am not sure if the album leaked. But if it did thank God it doesn’t happen a month early anymore,” Drake tweeted just after 11pm EST. Minutes later, he posted a second tweet, saying, “Listen enjoy it, buy it if you like it… and take care until next time.”

“In early October, Drake spoke exclusively to Billboard about album leaks and their impact — almost predicting to the day when his album would leak online. So was last night’s leak a coincidence or all part of the “Take Care” plan?”

Read more at Billboard.com – http://www.billboard.com/#/column/the-juice/exclusive-drake-addresses-album-leaks-1005484582.story

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.

The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY FROM YOUR PROJECT Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” is coming soon. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  More details are coming soon if you are interesting in pre-ordering the book. We are very excited about this Project!!!! We have other projects in the works that we will be sharing with you soon!!!

 

 

 

 

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NARM & digitalmusic.org Offer Entertainment and Technology Law Conference in NYC

NARM and digitalmusic.org joined forces to orchestrate the Entertainment and Technology Law Conference series, a city-hopping roundtable where challenges and opportunities currently shaping the entertainment industry are discussed by leaders.

Thursday, November 3 brings the series to New York City, where participants will gather at Greenberg Traurig’s offices at the Met Life Building. BMI is a sponsor of the day-long event, which will feature three timely panels: (1) Cloud Media Law: MP3 Tunes, Amazon Cloud Music and Cartoon Network v. Cablevision; (2) Cloud Media Deals: The Good, the Bad and the Ugly? Or All the Same?; and (3) Creators vs. Corporations: Copyright Termination and Royalty Accounting After the Eminem Case.

NARM and digitalmusic.org are offering BMI songwriters, composers, and music publishers discounted registration rates. Register now and take advantage of $50 off the standard fee; enter discount code CLE-BMI50 when prompted. Students are also eligible for a wallet-friendly $49 registration rate.

A part of Continuing Legal Education, the Entertainment and Technology Law Conference series is an opportunity to earn CLE credits.

http://www.bmi.com/news/entry/553093?utm_medium=email&utm_campaign=November+2011+eBulletin&utm_content=November+2011+eBulletin+CID_fab7e2afdad23c98abfb294f3688a3f8&utm_source=Email+marketing+software&utm_term=NARM++digitalmusicorg+Offer+Entertainment+and+Technology+Law+Conference+in+NYC

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.
The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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Four Things You Can Do To Improve Your Odds in Film/TV Song Placements

Cliff Goldmacher  songwriter, producer, session musician, engineer, author and owner of recording studios in Nashville, TN and Sonoma, CA provided BMI’s newsletter an awesome list of things you can do to increase your chances of getting your song placed in Film or TV.

“1. Make sure your song is professionally recorded and performed

This may sound obvious but there is absolutely no wiggle room for a poorly sung, performed or recorded version of your song when you’re pitching to film and TV. You’ve only got one chance to make a first impression. Put yourself in the position of the music supervisor or studio executive who is listening to hundreds of songs for a project.  If the recording — no matter how well written the song may be — sounds like it was done by amateurs, you’re biasing the listener against you before they’ve even given your melody and lyric consideration.  It’s one thing to write a great song but if you’d like someone to give you money for it, then you have to invest the money necessary to present your song in the best possible light.

2. Do your homework

It doesn’t make sense to randomly send out songs in the hope that one will get placed. Find out which music supervisors are looking for which shows or films. There are industry pitch sheets and magazines with all kinds of information about who is looking for what; get familiar with them and mark yourself as a professional by making targeted pitches. Unfortunately, no one’s going to do this work for you.

3. Make sure you have complete ownership of the recording

In order to give permission to a film or TV show to use your music, you’ll need to own your recording. This means filling out the necessary releases with any session musicians/singers involved in the project and being sure that the studio where you have recorded has given you full ownership of the master recording. Make absolutely certain your pitch plans aren’t derailed by finding out (after the fact) that the singer or players aren’t willing to give you permission to use their recorded performances in this manner. Music supervisors often have very little time to get songs cleared for use in a film or TV show and it will mark you as a pro if you can let them know at the outset that everything is “free and clear” for their use.

4. Get Known for a Style

It’s a good thing to be able to write in a variety of styles but you (and your music) will be easier to remember if you become known for providing one particular style and doing it well. Music supervisors are often asked to gather songs in a specific style of music so if you’ve established yourself as a “go-to person” for that style, you’ve got a greater chance of being remembered when the time comes.

When it comes to getting songs in film and TV, there is absolutely no substitute for doing the work. By “the work,” I mean all of the things I’ve mentioned above.  Unfortunately, it’s not enough to simply be a great songwriter; you need to be a savvy businessperson who is willing to take care of the unromantic, day-in and day-out details of having a career in order to succeed.  That being said, there is no greater thrill than turning on your TV or going to a theater and hearing one of your songs playing.  It somehow makes all your effort worthwhile.”

http://www.bmi.com/news/entry/553218?utm_medium=email&utm_campaign=November+2011+eBulletin&utm_content=November+2011+eBulletin+CID_fab7e2afdad23c98abfb294f3688a3f8&utm_source=Email+marketing+software&utm_term=Four+Things+You+Can+Do+To+Improve+Your+Odds+in+FilmTV+Song+Placements

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.
The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY Movement……..

www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

 

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The Orchard Branches Out to Action Sports Video

“Digital distributor The Orchard has branched out into sports by creating an Action Sports & Lifestyle Film Distribution division. The new division, reported to be launching next week, will be led by general manager Danny Grant, formerly with action sports media company VAS Entertainment.

Action Sports & Lifestyle Film Distribution division is slated to deliver their clients video to services to iTunes, Hulu, Netflix, PlayStation, Xbox, Google TV, Vudu and Amazon.  Being a part of The Orchard will help sports clients obtain music for their videos, Grant tells TransWorld Business. “Being that The Orchard is one of the largest indie music distributors around, producers who work with The Orchard Sports can gain access to hundreds of thousands of tracks from established and up-and-coming bands.  Music supervision is tough and can get expensive.  I’m not saying tracks will be licensed for free, but both sides have a vested interest in working together and that’s always a help.  We’re just connecting both sides of the organization to help support our movie makers.”

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.
The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY Movement……..
www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

 

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How Much Do Streaming Services Pay Artists? Ask the Labels

How much do streaming services pay artists? That question has been asked a great deal lately about services such as Spotify, Mog, Rhapsody and iTunes.

The question can’t be answered completely and that seems to be a big problem. “The most obvious reason is because subscription services do not directly pay artists. In the digital music supply chain, at least one intermediary exists between a streaming service and an artist. There is no right and wrong in the existence of this sort of supply chain; it’s just the way business works. Webcasters have a more direct route to artists because SoundExchange pays artists and labels separately. The supply chain for on-demand services operates differently.”

“Subscription services need be concerned only with paying the rights holders with whom they have negotiated licensing deals. In his Billboard guest post, Rhapsody president Jon Irwin was right to say he “trusts” artists are getting paid. Subscription services simply cannot get involved in the details of artists’ contracts with their record labels. They should worry about delivering a great product and paying the rates that have been negotiated with rights holders.

How much money artists ultimately are paid for streams or purchases depends on a number of factors such as royalty rates, ownership and contractual terms. A streaming service could only answer the first one: royalty rates. A service strikes a deal with rights holders to pay them a certain amount – per-play or percent-of-revenue – for streams or downloads of their music. The latter two factors, an artist’s ownership of the master recordings and its contract with its record label and distributor, are outside a streaming service’s jurisdiction.

If an artist owns the master recordings (and effectively acts as its own record label) the only intermediary between subscription service and artist is the distributor. All distributors take a cut of some sort – either a flat fee or a percent of sales. Or the artist can license the recordings to a record label. In either case, what the artist receives in streaming royalties depends on the agreements with partners such as these.

The royalty picture gets more complicated if an artist is signed to a label. What Spotify, for example, pays to artists is entirely between the artist and his or her label. And what the label pays the artist vary from deal to deal. Details of artist contracts change over time, so what a newer signee receives may differ from an artist signed five years ago. Rolling Stone’s Steve Knopper took a good stab at the royalty breakdown this week, but even his attempt was too simple. Ask 10 different people what Spotify or YouTube pays and you’re likely to get ten different answers. “It depends” is never a popular answer, but it’s the right one in this case.

Underneath the question are some important issues, however. Artists and their managers are increasingly worried about the amounts being paid out by subscription services. Recent discussions have led to a healthy debate but ignore the sequence of the supply chain. And that’s a good thing. But an artist or manager who doesn’t like streaming royalties should take it up with the label or distributor who negotiated the deal with the streaming service.

Another topic that deserves open dialogue is the practice of subscription services paying large upfront fees to acquire rights to large catalogs of music. There is little transparency about how — and if — that money makes its ways to artists. Even less transparent is a scenario in which a label takes equity in lieu of cash. Subscription services could help artists if they were able to refuse equity ownership to rights holders, but they can’t tell labels what to do with their licensing payments.

Asking streaming services an impossible question unfairly demonizes legitimate companies that are operating honestly. And it implies a company is hiding important information that deserves to be made public. If only it were that easy. Most services are privately held companies with no obligation to report its financial details to the public. And details related to specific contracts are especially sensitive. A direct answer can put a company in breach of confidentiality agreements. So the fact that a company won’t give a direct answer should mean absolutely nothing to readers. Besides, that’s why journalists have confidential sources.”

You can read more on Billboard.com:

http://www.billboard.biz/bbbiz/industry/digital-and-mobile/business-matters-how-much-do-streaming-services-1005446752.story

If you enjoy The Heretic™ and the information we provide please sign up as a subscriber today! Thank You!!!

Let us know your thoughts and comments.
The Heretic™ © 2011 Cross Live Media All RIGHTS RESERVED For the MAKE YOUR OWN MONEY Movement……..
www.thecrossfirm.com

Follow us on Twitter @attorneycross

Join our Facebook Fanpage: Search for Music Business Heretic

The Official Release of the  “Before You Sign That” a is August 1, 2011. An indie artist inspired book Authored by The Heretic’s very own Leslie W. Cross Jr. and co-authored by platinum recording artist Paul Wall.  On May 1, 2011 pre-order your copy. More details coming soon. We are very excited about this Project!!!!

 

 

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