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Mentor: Jodi Krangle
Q: Now that there is so much focus on using the net as a marketing tool how can you protect your songs, name etc...? What protection is out there and what rights and protection can a web provider legally claim if you put some of your material on a web site? Any advice would be welcome.
A: The first and best thing you can do is copyright your material.
1. For detailed explanations on how to do that, you can refer to the Copyright and Publishing Q&A on The Muse's Muse - specifically a particular question answered by Nancy Reece of Carpe Diem Copyright Mgnt at: http://www.musesmuse.com/pub-copyright.html if you're in the US
2. Go to http://www.musesmuse.com/pub-karenf.html#albert if you'd like to know how those copyrights apply to countries outside of the US.
3. If you're in Canada, check http://www.musesmuse.com/2.5-August99.html#nancy as that topic was covered in a previous issue of the site's newsletter.
4. For more information on copyright in general, take a read through Nancy's section at http://www.musesmuse.com/pubq-a.html where you'll find the answers to many other questions along these lines.
Once that's done, the next most important thing I can advise is to make liberal use of real audio streaming as opposed to MP3. Maybe that's a controversial recommendation but there are a few reasons I mention this. First of all, it's a lot harder for someone to figure out how to copy a real audio streaming file to their own computer. Not impossible, of course, but more difficult to do for the average web surfer. Real Audio streaming allows the listener to get instant gratification - hear what you're all about immediately as opposed to waiting for the huge download of an MP3 file. When you're *selling* your music, MP3s are great because they're close to CD quality. But that's really not needed if you just want people to get a flavor of what you do. There's no need to give them the whole package before they're even sure they want it. And having less access to a downloadable version of your songs might just help prevent the temptation to violate your copyright. As with anything, there are no guarantees - but if you copyright your songs, you at least have legal recourse if you catch the violation.
As for what a web space provider can realistically claim if you're using their space, I invite you to take the example of Yahoo's recent introduction of a new "terms of agreement" - and the uproar that followed. To be honest, I have no idea if what they were asking for was legally sound (I'm certainly not a lawyer). I suspect it probably was just because they have more than enough money to hire lawyers that would make *sure* it was. However, the public outrage at their conditions was so vocal that they almost immediately backed down from their original terms - or at the very least, made efforts to explain them better. Never underestimate the power of the collective "voice." But one further word of warning: just as you wouldn't sign a
record contract without reading the fine print, I recommend you never agree to any conditions from web providers without doing the same. Be on the safe side. Pay attention to what you're agreeing to. Be comfortable with it before you hit that "I accept" button and move on. If you're not comfortable with it, find another provider. There are so many out there that you have a huge number to choose from in any case. No shortage there. And good luck!
Jodi Krangle's do's and don'ts when building your bands web site:
1. DO: Build a community. Get your fans (and potential fans) involved in what you're doing. Have a guestbook and invite comments. Maybe even set up a message board. Have contests. Contests are a great way to get people involved and interested - and if you have a CD, the prize could be a free copy of it. Nothing too complicated. Ask people what they think and post those responses. It's amazing what a little participation can do to spice up a web site. And once people see OTHER people participating, they'll be more inclined to do so themselves.
2. DO: Have real audio streaming on your site. MP3s are great. Wonderful, in fact. But they don't offer the instant gratification a web surfer craves. Give them what they crave, folks. Let them hear your music by clicking on a link and don't make them wait 15 minutes to have it download to their machine. They'll know right then and there if they want to hear more of your music. Don't expect people to buy "sound unheard." It won't happen.
3. DON'T: Use blinking text, animated graphics that have nothing to do with your group, yourself or your music, or provide unnecessary flash (please PLEASE avoid funky backgrounds that make the text illegible!) just to get people's attention. It might even work the first time. But after that, it will simply be annoying - and your CD sales are going to come from people who drop by more than once. Dancing gerbils or winking Mona Lisa's aren't going to give the viewer any extra idea about what you or your band is all about. It's distraction that doesn't need to be there - and it takes away from the meat of your site... which leads me to the next point:
4. DON'T: Forget that CONTENT IS KING. Provide your viewers with what they want to hear and see - information about your band or yourself and why they might want to learn more about you. Provide them with bios, sound clips, information on your latest tour, anecdotes about your previous gigs, photos of you and/or the band, etc. Let them get to know you. Your success here will translate into greater CD sales.