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Von Cello is always interested in hearing from dedicated musicians. If you would like to jam, offer a gig, get a gig, collaborate, or audition for the band, please send an email. Include a letter describing your musical interests and a resume and/or bio. See Updates to find out about my latest musical direction.Thanks.

Now I will present some articles that I have written that are of interest to musicians.

Many musicians today look to internet distribution companies as the answer to propelling their careers forward, but there are big risks involved. Below is an expanded version of an article that I wrote on the subject that has been published in the International Musician (June 2000), the newspaper of the American Federation of Musicians, the musicians' union of the United States and Canada. It also ran in the newspapers of locals in New York, California, Oregon, and British Columbia.

Internet Distribution - Artist Beware

By Aaron Minsky a.k.a. Von Cello

They act like they are the artist's best friend. They portray the traditional record companies as the enemy. They claim that the internet is the great equalizer. They say, "Distribute your music through our web site and millions of people will be able to download your music all over the world. The opportunities are endless." Who are they? The internet distribution companies. Are the opportunities endless? Yes, the opportunities for them to make money from your music are endless, and the opportunities for you to get hurt are also endless.

I was optimistic about the potential of the internet and was looking forward to signing on with internet distributors as a way to sell my music to the public. I had gone to some interactive music conventions and had gotten excited by the pitches of internet entrepreneurs. They used words like "non exclusive" and "fifty - fifty split". It all seemed so easy, and I was feeling quite happy...until I spoke to a lawyer. Afterwards, I felt like I had been saved from jumping into a snake pit.

The sad reality is that the internet is a breeding ground for a new generation of greedy, manipulative business people who take advantage of trusting musicians. In a way, they are worse than the record companies because at least with the record companies, you know they're out to take advantage of you. These people speak soothing words and then take even more advantage of you. Of course, there are honest companies out there that have fair, artist friendly contracts, but there are many that don't. Let's look at some examples.

One prominent internet distributor offers a contract with the following sentence: "You grant us throughout the territory and during the sales period the non-exclusive right to sell...your recordings". That sounds fine, doesn't it? I thought so too...until my lawyer pointed out that they define "sales period" as forever and "territory" as the universe. In other words, they want the right to sell your CD for the rest of your life and beyond. They also say, "You agree to furnish us with your CD's promptly upon our request." This also sounds reasonable, until you realize that there is no end to this responsibility. You could be retired and living on social security and yet you are still responsible to supply them with your CD's, at your expense. Now you may think that that's not so bad because you'll be making money...Think again.Though the contract states that you are entitled to a percentage of the sales, it also states that they can deduct "any costs related to those sales". What does that mean? Suppose they take a trip to Hawaii to make a"business" contact, isn't that a cost "related to those sales"? If they also soak up some sun, well I guess that's just part of the cost of doing business. Fairness dictates that the musician know specifically which costs are deductible, and that those expenses have a cap.

They also reserve the right to "assign" the agreement to anyone they choose, so you may become responsible to someone you never dreamed you would do business with. Of course, you can't assign the agreement. On top of this you also agree to indemnify and defend them from any legal action arising out of any claim by any third party concerning any breach of the agreement by you.

Scary stuff, isn't it? On the other hand, I have seen contracts that look perfectly benign...except for this one little clause called "Modification". One contract states, "We may amend any of the terms and conditions in this agreement at any time solely at our discretion". Furthermore, they will email any changes and unless you respond within 5 days you accept the change. What if the change is, "You give us the rights to the copyrights on all the music on your CD"?! If you sign this contract you better hope you never get in a situation where you can't check your email every 5 days.

I even saw a contract recently that said the company can make modifications at any time and it was your responsibility to check their site daily. If 24 hours pass after a change and you don't notify them, you accept the change! Since it is unreasonable to expect that someone will be able to check a web site every day for years to come, this clause will in most cases have the effect of making the contract non-binding on the company while remaining binding on the musician. True, actual modifications may tend to be minor, but unless the potential changes are specified, the musician is placed in a position where he just has to trust the beneficence of the company (or its future assignees), or be on constant guard. Maybe I'm old fashioned, but I thought the whole purpose of signing a contract was to set out the complete agreement in writing for the protection of both parties!

For those internet music entrepreneurs who would like advice on what constitutes a fair, artist friendly contract, I offer the following: 1. Don't ask for ownership of our copyrights or for permanent rights to distribute our music (non-exclusive or not). This can hurt us later in our careers. Always put a clear and complete termination clause in your contracts. 2. Don't be vague about how the money will be split. Specify any deductions, or better yet, figure them in, and just give a straight percentage. 3. Modification clauses should be outlawed. If you are afraid that things will change in your business then make your contracts of shorter duration. If you feel you must have some flexibility, then severely limit what can be modified. (Ex. Only the following things in this contract may be modified: ...) And always give us adequate notice of a change and a fair chance to terminate the contract when you modify it. Would you sign a contract giving the artist the right to modify it without adequate notice to you, and a chance for you to opt out if you didn’t like the change? (If so, then please contact me immediately!) The bottom line is this: don't ask an artist to sign something you would not sign yourself!

- Von Cello has been included in the year 2000 edition of Who's Who In America! (His past achievements include twelve books of original string music published by Oxford University Press, some of which are now in the curriculum of the Associated Board of the Royal Schools of Music, United Kingdom.) His CD, Breaking The Sound Barriers, was released this year and entered in the Grammys under classical crossover. The top music promoter on MP3.com, Dave Blumberg, has recently agreed to promote the CD. He was awarded an ASCAPLUS grant from ASCAP this year as well. Von Cello's list of endorsements has recently grown to include: Yamaha, Gallien-Krueger, D'Addario and PegHeds. Please feel free to submit feedback to this article at his website at www.voncello.com.

Endorsements - A Power Tool For Musicians?

By Aaron Minsky a.k.a. Von Cello

Someone recently asked me if obtaining endorsements would help to further his music career. I could have said yes or no and left it at that. Instead, I answered with the following story: As a teenage rock guitarist searching for a new sound, I got the idea that something really new would be to play rock cello! Seeking first rate classical credentials, I received a Masters degree from the Manhattan School of Music. Then I joined a top professional orchestra. Soon, though, I returned to my original goal of inventing a rock style of cello playing. Since there was no method available to study, I decided to teach myself by writing my own set of cello etudes. I told colleagues about my new method. Some were interested, but many said things like, "Why are you wasting your time with that", or, "Rock cello is a ridiculous idea", or even, "You're nuts"! Then Oxford University Press decided to publish the book and all of a sudden those same people were saying things like, "I'm impressed. You must be quite a composer for a company like Oxford to publish you"!

I remember feeling a little angry when I got those comments. I was the same person I had been before Oxford came along. I realized something very valuable, however: most people judge you not by how talented you are, but by whom you are associated with. This is an unfortunate reality, but in a way it makes sense. After all, most people can't really judge talent, and that is why they rely on others to tell them who is talented. They do the same with most things. From fashion to religion, most people need to be told what to do.

Being an Oxford composer opened many doors for me, but when it came time to move into the rock world, the Oxford connection didn't seem to have the same clout. Many rock people didn't know about Oxford. After all, Oxford never put out a hit record!

My move into corporate endorsements happened accidentally. I was playing my home made blue electric cello with a big band. The trombonist, of all people, approached me and said that Yamaha had just come out with an electric cello and had put up a picture and specs on the internet. When I got home I checked it out and was very impressed. I contacted Yamaha to tell them I was interested in the cello. They, in turn, checked me out on the internet. Several phone calls, letters and meetings later, I became a Yamaha Artist!

I figured the Yamaha endorsement would gain me some respect in the popular music industry. For one thing, they make products that are industry standards, for another, artists such as Elton John were also Yamaha Artists. I think it helped. Soon I had endorsement deals with Gallien-Krueger, PegHeds, and D'Addario Strings. All of the attention led to my being included in Who's Who In America! (Now, hopefully, this will lead to other things.)

For those who are interested in obtaining endorsement deals here's some advice: 1. Don't sell out. Only endorse products that you believe in. 2. When approaching a professional corporation, be professional too. 3. Show all contracts to an attorney. Having no deal is better than having a bad deal. 4. Be a team player. They are helping you, and you should help them.

Now as to the question that started this whole article, I still can't give an unequivocal yes or no. Getting endorsements can help establish an artist in some ways, but they are only a part of a larger picture. In the end it is your music and your attitude which will determine your career...And if you find that you can't get endorsements, don't worry: you are the same person with or without them.

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