Here’s an excerpt:

A San Francisco cable car holds 60 people. This blog was viewed about 1,500 times in 2011. If it were a cable car, it would take about 25 trips to carry that many people.

Click here to see the complete report.

Cheers, and HAPPY NEW YEAR!

1) Take criticism with a grain of salt.  Some criticism is perfectly okay to ignore, but others may help artists to improve their brand.

2) Social media and online branding success is not about the technology itself; it’s about using the technology to create opportunities for your listeners to passionately invest themselves in your music.

3) Create an immersive experience.  Tap into the power of fandom.  Create more than just music that the listener can listen to, create something that listener can incorporate into their lives.  Let them live your brand.

4) Bond with fans. Fans are friends; they are looking for artists who they can relate to (via weaknesses, life experiences, interests, nerdiness, etc.).  Fans want to see a part of themselves in the artists they cherish.

5)Know who to please.  Are you trying to please your fans or trying to please everyone?  If you go after the wrong group, the appropriate group may abandon you.

6) Always seek new fans.  Look for opportunities to increase your fan base (collaborations, endorsements, etc.).  If an artist creates an “exclusive” fan base, the artist wills money.  Artists can actively target a particular demographic while passively gaining members of another demographic.

7) Choose your battles.  Beef can be good; look at the history of hip hop.  However, beef can be bad; look at the history of hip hop.  Having controversy with another artist, organization or product may help your brand, but may also ruin it; it doesn’t work for everyone.  Don’t destroy your brand, fan base or put yourself in legal jeopardy in an attempt to create and/or maintain a brand.

8 ) Be true – to yourself and to your fans.  Don’t compromise your sound to appeal to a wider audience.

9) Be unique.  Great brands offer listeners a unique experience.  Look at Lady Gaga…enough said.

10) Sell more than just your music.  Actually, don’t sell your music at all.  Sell the emotional and personal connection that will force fans to invest their person in you.

11) Be intuitive to your brand’s timeline.  When your brand’s timeline is coming to an end, consider reinventing your brand before it dies off.  This could be through new collaborations, exploring other genres, etc.

12) Know your enemy.  Know your enemy’s battle plan, ammunition and armament.  Know that having your enemy can help you increase your brand; by making yourself distinct from your enemy, you are creating uniqueness.  Remember, the music biz is a constant battle; win the war.

13) Understand economics, specifically, understand elasticity.   As your brand grows, and as your fan base increases, understand how supply, demand and cost will affect your fan base.  Don’t make assumptions or relay on other musicians’ experiences.  Each fan base is as unique as each artist, and various economic factors pertaining to your fan base will directly affect your personal economics.

14) Be ambiguous, but do so strategically.  A part of the intrigue that fans have towards artists is the vision that the fan has created of the artist.  Tell your story, but allow fans to use their imagination to fill in the gaps.  At the same time, being too mysterious may work for some artists and not others; and may work up to some extent, but not beyond that.

15) Work in the best interest of your brand when choosing between public relations and marketing: PR (having others talk about your brand), marketing (talking about your brand yourself), or a combination.

16) Be revolutionary.  People usually remember the unusual, not the norm.  If you do something has never been seen, fans can’t help but remember.  The unusual, however, is either a great thing or a detrimental thing.  Being different creates passion, but being creepy looses listenership.

17) Avoid, and withstand, the hype.  Too much hype creates too high of a pedestal.  Allow hype to come natural so that fans have a realistic expectation of you, your brand and your music.  And keep in mind that word of mouth is still one of the best methods.

18) Have passion.  Do what you’re passionate about doing. If there is no passion, it will eventually show in your music.

19) If you stand for something, live up to it.  Otherwise you risk losing your fans and risk looking phony.

20) Think like a high school psychology student.  Learn more about the impact that psychological, conversational and social impacts have on your fans.  You don’t have to be a psychologist to figure out what moves your fans and what influences their music choices.

Whatever the goal that the artist is looking for in creating his or her successful brand, there are three tips to consider:

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1. Know your fan base – Know what is important to your fans.  If you forget your fans, they will forget you.
2. Think about media mix – In my last post about branding, I mentioned the need to develop marketing campaigns that are specific to the types of media on which the artist seeks to target listeners.  With the wide range of media available – computers, smartphones, TV, etc. – artists may have the biggest advantage in increasing their fan base if they expand their branding efforts to various media.  Doing this depends on many factors, including the media used by the target market, financial resources, and creative resources.
3. Prove and improve your branding – In order to know the effectiveness of the artist’s branding efforts, the artist should have some technique in place to evaluate the effectiveness of the marketing campaign.  Once the artist knows how well or how poorly their branding efforts are, or has been, the artist is ready to develop strategies to improve.

As mentioned above, there are different ways to measure the success of a branding initiative.  A 2011 study by Nielsen, entitled Beyond Clicks and Impressions: Examining the Relationship Between Online Advertising and Brand Building, shines light on reasons why an artist should interpret branding success on various factors.

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According to the study, the click-through rate of digital advertisements does not illustrate the relationship between clicks and brand awareness.  This means, for example, that just because the listener did not click the link on the artist’s facebook contest doesn’t mean that the branding effort was a failure.  The listener likely took in, and remembered, the brand.

The study also shows that brand awareness correlates to offline sales impacts.  As mentioned before, the listener may not have clicked on whatever it was that the artist had in association to their marketing campaign, but the branding effort may have been successful because the listener may have purchased music, merchandise or concert tickets that were not associated with that particular advertisement.

The study shows that online ads can increase the impact of the brand; however, artists should use the brand awareness to differentiate themselves.  Since online branding efforts are working, artists need to take advantage of their digital efforts to showcase how amazing they are as compared to similar artists.

With 249.3 million Americans on the Internet, according to Nielsen, it is also useful for artists to do their homework in developing branding efforts and measuring success.

According to The Kern Organization’s 2011 Mid-Year Marketing Trends Study, 37% of marketing organizations believe that Facebook is the most important social media channel (followed by Twitter and LinkedIn).  In light of this, 16% of marketing organizations find satisfaction in current social media efforts.

Although this study looks at marketing companies in various industries, and is not exclusive to the music biz, it does highlight the importance of social media and highlights the need for artists to revamp existing social media marketing campaigns.

A similar consideration for artist to take in is search engine optimization (SEO).  Kern’s essay finds that Google has 88 billion search queries per month while Twitter has 19 billion, Yahoo has 9.4 billion and Bing! has 4.1 billion.  By understanding the services that a potential fan base uses to search for music or information about artists, an artist can develop a more impactful SEO and marketing plan.

There are many ways to determine the success of branding.  By coming up with strategies to best achieve the desired success, and evaluating the results, artists can create the brand that best suit their goals and their fan base.

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Similar posts:

Breaking an Artist in the Digital Age Pt. 1: Odds, Facts and Figures

Breaking an Artist in the Digital Age Pt. 2: Avoiding Premature Hype and Pigeonholes

Breaking an Artist in the Digital Age Pt. 3: Branding 101

Trademark/Service Mark - A trademark is a word, phrase, symbol or design used to identify and distinguish the source of a good.  A service mark is just like a trademark, but instead identifies the source a service.  The symbol ™ and ℠ are used to identify an unregistered trademark or service mark, respectively, and ® identifies a federally registered trademark.

Although registration is not required, there are many benefits to registration; such as having a public notice of ownership, a presumption of ownership, the ability to bring a trademark claim in federal court, and international protections.

Copyrights - A copyright provides exclusive rights to the author of an original work of authorship, and extends to literary, musical, dramatic, artistic and other forms of intellectual work.  The symbol © is often used to notify the public of a copyright, but this notification is no longer mandatory.

Like trademarks and service marks, the owner of a copyright is not required to register the copyright, but registration provides the owner with a number of advantages.

Defamation - Defamation is a cause of action that arises when a person makes a false statement about another, which subsequently causes harm.  Classifications of defamation are (1) slander – an oral representation, and (2) libel – a fixed representation, such as a comment made in writing.

Some harmful comments are not considered defamatory, such as statements of truth, opinion, and fair comment on issues of public interest.

Misappropriation - Misappropriation is the intentional and unauthorized use of property or funds belonging to others.  This cause of action extends to the unauthorized use of intellectual property, as well as the unauthorized use of a person’s name, likeness and other personal attributes.

Moral Rights - Moral rights refers to a creator’s right to control his or her work.  This protects the reputation of a creator, rather than the value of the work.  Moral rights are generally not protected in the United States, but protection can sometimes be loosely granted under copyright, trademark, privacy and defamation laws.

Right of Publicity - The right of publicity protects persons from the unauthorized use of one’s name, likeness or personal attributes for commercial purposes.  This rights gives a person the sole right to license his or her persona commercially.

Right of publicity is generally found under state law, and is often classified as a right of privacy.

False Endorsement - False endorsement is a claim under federal trademark laws, which protects a trademark owner from the unauthorized use of his or her mark to show sponsorship or endorsement.

Additionally, figuring out what it takes to create a brand is nerve-wracking – especially for indie bands, publishers and labels looking to make a start in the music biz.  Fortunately, many aspects of artist branding share commonalities with product/company branding in the business world.

As with the launch of any business, artists must determine what exactly they seek to brand – their music, their merchandise, their look or them as a franchise?  Songwriters, for instance, may want to brand their music since they desire to remain behind the scenes writing for others who will eventually perform their creations.  Bands, however, will want to brand themselves as a franchise since seek they stardom as performers.

Once the artist determines what she/he wants to brand, artists needs to understand the demographics of their potential fan base and how to break into that demographic.  There are many artists of various fame levels who have broken into their fan base by luck.  Although luck is a huge factor in breaking an artist, that alone should not be the artists’ game plan.

According to the 2007 Interbrand Brand Marketers Report, the six most important aspects of successful branding are:

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1. Consistency of the Brand – Making sure the artist presents the brand in a way that does not confuse the fan base, dilute the brand, or try to please the public as a whole instead of the fan base.
2. Understanding of the Customer or Target – This is pretty self-explanatory.  If an artist wants to brand him or herself as a country music star, he or she should probably know what attracts country music fans.
3. Message/Communication – A brand will die off if the brand is never communicated to the potential fan base.  An artist needs to have some sort of marketing plan, or a public relations campaign, in place so that the artist can reach the target market.
4. Creative/Design/Brand ID – In a world that is becoming more reliant on technology and entertainment, it is detrimental for artist to hone in on the creative aspect of the brand.  This could be visual or oral – sound is just as important as a look, which is just as important as the feel of the brand.  This applies to the music, personas, live performances, and any other form of communication.
5. Relevance – Marketing efforts used to brand the artist should relate to the artist.
6. Differentiation/Uniqueness – Fans don’t listen to music because it is exactly like something else that they like.  They want something different, something unique, out of every song and every artist.  Even if a song or an artist is similar, something unique should exist.

Artists should also consider the technology that is available and used by potential listeners.  We live in a mobile society where technology is present in most aspects of our lives.  However, just because a new technology has emerged doesn’t mean that the artist should create a marketing plan specific to that technology if it is not being used by his or her fan base.

According to a 2011 study by Aimia, Inc., 79% of persons age 19 to 29 have a laptop, as compared to 65% of persons not within that age range; only 8% of 19 to 29 year olds have a tablet, as compared to 47% of persons outside of that age group; and 47% of 19 to 29 year olds have a smartphone, as compared to 30% of persons outside of that age group.

Even with the insane amount of digital devices that are available, TV is more relevant than ever.  Given this fact, artists should continue to take advantage of it – via videos, commercials, endorsements, show appearances, etc.

When it comes to other forms of media, artists need specific marketing plans since not all communications are transferable over different mediums.

For example, computer marketing campaigns should give listeners a sense of competitiveness.  According to a 2011 report by Aimia, Inc., 44% of persons between the age of 19 and 29 are willing to promote brands through social media in exchange for rewards.  Offering a sneak peek to an upcoming album, advance ticket sales, etc., can benefit the artist.

Effective campaigns are  something that the listener can easily share or show off to social media contacts.  In the 2011 Aimia, Inc. report, 72% of 19 to 29 year olds used Facebook often or very often, and 17% of that age group used Twitter often or very often.  With that in mind, remember the importance of viewer friendly campaigns, as branding efforts are easily accessed by younger, or more sensitive, audiences.

Likewise, mobile marketing campaigns are best crafted specifically to this medium.  Because an artist sends the campaigns directly to a listener’s personal mobile device, the best campaigns are those that are more intimate.  These intimate marketing campaigns should show that the artist knows and understands his or listeners, otherwise it will seem obtrusive and may cost the artist a potential fan.

Creating the right marketing plan, that takes into consideration the demographic of the fan base and the mode of communication, is essential in effective branding.

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Similar posts:

Breaking an Artist in the Digital Age Pt. 1: Odds, Facts and Figures

Breaking an Artist in the Digital Age Pt. 2: Avoiding Premature Hype and Pigeonholes

In EMI Entertainment v. Karen Records, Inc. et al, No. 1:05-cv-00390 (S.D.N.Y. Aug. 26, 2011), EMI brought a suit alleging that defendants infringed EMI’s copyright by selling four compositions without payment of royalties and after EMI terminated the defendants’ license.

In a tumultuous relationship, with the parties having a history of royalty disputes, this lawsuit began in 2004 when the Harry Fox Agency (HFA) sent defendants a letter complaining of unpaid royalties.  In the letter, HFA stated that the defendants’ license to sell the four compositions in dispute would be terminated within 30 days if the owed royalties were not paid.

As the defendants failed to make sufficient royalty payments, the court found the defendants to have infringed EMI’s copyright.  Looking at the defendants’ “industry experience and copyright ownership; prior lawsuits regarding similar practices; and a specific warning,” the court additionally found the defendants’ infringing behavior to have been willful.

The court awarded EMI $25,000 in damages for each composition, totaling $100,000, and held defendants jointly and severally liable as the defendants each had the right and ability to supervise, and as each had a direct financial interest, in the infringing activity.

The RIAA and the Big Four have expressed their concern to ReDigi, issuing the company a cease and desist letter.  ReDigi’s business model brings up a hot topic that has been circulating within the e-book, e-music and online gaming communities: the applicability of the Copyright Act’s First Sale Doctrine to digital files.

Under the section 109(a) of the Copyright Act:

…the owner of a particular copy or phonorecord lawfully made under this title, or any person authorized by such owner, is entitled, without the authority of the copyright owner, to sell or otherwise dispose of the possession of that copy or phonorecord.

Under the First Sale doctrine, music fans can typically sell, trade or otherwise dispose of music, and the copyright owner does not have the right to recoup a royalty from the subsequent transfer.  In the physical form, this is easy to understand: you buy a vinyl record and later sell it to a friend, and the copyright owner cannot say anything about the transaction.

In the digital space, however, the First Sale Doctrine is much different.  To begin, digital music files are typically distributed to listeners via license agreements.  These licenses usually prohibit the listener from transferring the file to others and limits the amount of devices on which the listener can play the file.

Even when the listener obtains more than a license when buying digital music files, the First Sale Doctrine is difficult to apply.  Going back to physical music purchases, listeners give possession of the actual phonorecord (i.e. vinyl record, CD, etc.) to the transferee – the person buying the album.  In the case of ReDigi, and similar services, the company makes a copy of the original music file, and then deletes the original file  from the listener’s computer.  In such an instance, ReDigi never takes possession of the original file.

In this situation, the listener is giving up possession of the original music file by deleting it. However, ReDigi is not gaining possession of the original; ReDigi is gaining a copy of the original, which is typically disallowed under the Copyright Act.  Another concern revolves around the adequacy and legitimacy of the security measures that are in place to ensure the deletion of the original music file from the listener’s computer.

The applicability of the First Sale Doctrine is also sketchy when it comes to music files because of illegal downloading.  The First Sale Doctrine only applies to legally obtained copyrighted works.  Since illegal downloading is extremely widespread, there are few – if any – methods that can ensure that a listener has obtained the music file legally. As such, a listener will likely have insufficient proof showing that he or she legally purchased the particular music file, and will therefore have a difficult time gaining protection under the First Sale Doctrine.

Services such as ReDigi can also set listeners up for potential copyright infringement liability if the First Sale Doctrine does not come into play.  Under section 106 of the Copyright Act, copyright owners have the exclusive right “to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership.”  Without the First Sale Doctrine coming into play, listeners who use ReDigi or similar services will themselves be engaging in infringing activity by distributing copyrighted works without the authorization of the copyright owner.

The YouTube Licensing Offer is a result of a 2007 class action law suit brought by the National Music Publishers Association (NMPA), and several music publishers, against YouTube/Google.  In the suit, the plaintiffs alleged that YouTube used the publisher’ copyrighted works without authorization, thereby infringing the publishers’ copyrights.  The District Court granted summary judgment in favor of YouTube.  Plaintiffs appealed the judgment, and the suit is currently pending.

NMPA and music publisher who enter into the YouTube License Agreement with YouTube will have dismissed their appeal and will release YouTube from all past, and accrued, copyright infringement claims.  Since the agreement is not a class-wide settlement, publishers wishing to participate in the agreement must opt-in.  Moreover, publishers wishing to receive a portion of the advance must opt-in by the January 2012 opt-in period; but publishers are free to opt-in thereafter.

As most of the business folks in the music industry grow more and more concerned about the state of the industry, and weary of future endeavors, artists are continually developing new means of driving down the cost of music production.  With the inter-connectivity of social media, many artists are turning towards the concept of crowdsourcing in order to create music.

Crowdsourcing allows large groups of individuals to inexpensively undertake the tasks that are usually reserved to a small group of specified people.  In the music world, this allows groups of amateur and seasoned musicians to collaborate on a song, without the need of having highly trained musicians, producers, lyricists and composers.

With the abundance of free software, Creative Commons licenses and the copyleft movement, and opensource software – software codes that allow the public to collaborate by changing and improving the codes – musicians are finding it easier and cheaper to seek help from fellow musicians who may have otherwise been unobtainable without the digital connection.

Sites like Indaba Music, the most popular crowdsourcing site for musicians, brings together over 500,000 musicians from over 170 countries, bridging amateur artists with Grammy Award winners.  Through crowdsourcing, artists can upload and download tracks, mix, edit and provide feedback to other users.

Additionally, crowdsourcing provides musicians with access to other resources that are traditionally unavailable without a record deal or adequate financing.  Musicians can seek the help of professionals and novices on everything from marketing, to distribution, to crash courses on surviving in the industry.

As crowdfunding allows musicians the opportunity to fund their projects without relying on advances from record label, crowdsourcing further eliminates the need of record labels and distributors.  With the continued evolution of technology and social media, the traditional concept of the music industry can face serious restructuring in our digital future.