Brian Jackson: EMI Music, Part 1

Part 1: You wouldn't dive into a swimming pool if you couldn't swim, so why do so many musicians seem content to plunge into a music business they know nothing about — and which can be just as hazardous? Songwriter David Bibbey decided to educate himself in the business of music by talking to the people who really matter. This is the first article in a two‑part series.

EMI Music's Brian Jackson was first to get the Bibbey treatment...Like most songwriters, I'm fascinated by the question of how difficult it really is to gain access to record companies and publishers. Is it really impossible to get your demos heard by the right people, or is it simply that songwriters and performers can approach these people but miss the opportunities because of fear or the belief that they are not good enough? It takes courage to believe in yourself to the extent that you listen objectively to criticism, which is only an opinion after all.

After some years of writing songs in my spare time, I have decided it is time to give my musical ambitions a chance, and set about learning more about the real ins and outs of the people and politics in the publishing and record industry. My first step in the quest was an interview with Brian Jackson, Creative Manager of EMI Music Publishing for the East Coast USA. I met Brian at his office on the 43rd floor of the EMI building on Avenue of Americas, New York.

The Seat Of Power

I was welcomed and shown into Brian's neat, well‑organised office — which looks just as you expect an executive's office to look, but with the pertinent difference of a sound system equipped with cassette, CD and DAT players.

The man occupying the executive suite is responsible for talent acquisition, exploiting the EMI catalogue, helping place songs with artists, and arranging collaborations between EMI writers and writers from other publishing companies, placing songs in commercials and generally exploiting songs to the maximum. I began the interview by asking exactly how EMI look out for new types of music — are they actively out in the field, trying to find something different? Brian responded:

"People don't believe it, but it's true; we're exactly like A&R people, and we go out to the clubs, we look for new people, we look to develop artists. Currently I'm signing and developing an artist called Abenna, from Ghana, West Africa. She's self‑contained — writer, producer, artist — and I signed her because she's a great writer. I've helped her to put a demo together, to cultivate her songs, to get the right demo package to shop to record labels; now I have interest from several labels. We do development like that all the time."

Discovering Abenna

Taking Abenna as an example, how did you discover her — in a club or just from hearing her?

"I was an intern at Epic Records when I was in college, about six years ago, and this guy had her demo. I heard it and thought 'this girl has got a lot of potential', but at the time it was somebody he was following up, so I went back to college and finished. About two weeks before I started here — I'd just got the job — I was at a Labour Day cook‑out, and I was sitting around talking to a girl, and she was saying, 'Well, yeah, I'm sort of in the music business, I write a little bit.' I said 'Yeah, but are you good?' 'Well, people say that I'm good, but I just do the best I can.' And I said 'you know, everybody claims they're good, maybe if I hear your stuff I'll let you know, but are you good?' I kept, you know, messing with her, as if she wasn't legitimate, and finally, as we were getting ready to leave, I said: 'What's your name, by the way?' And she said 'Abenna'.

"We became the best of friends and I started working with her; after a while, maybe a year, I signed her, and kept working with her until I got her to the point where I could present her, where everybody else here would see my vision. I've had some success shopping her, though a lot of companies in the R&B area, unfortunately, are zoned into a particular sound right now, which is R Kelly, and Mary G Blige, and that type of stuff, so they're not as open for new ideas. I don't mean to put the blame on anybody, but there are certain things that are working right now, and that's the vibe that everybody wants to roll with. I know she would hate me to compare her, but she is much like Sade in that she has her own style, and she wants to be accepted for that style. So, that's what I'm helping her do and I've found a couple of labels who are willing."

Do you find yourself searching for something that's different from today's vogue music?

"I personally do, and I also believe that publishers generally work that way, because a lot of artists are discovered by publishers first nowadays, and the publisher works with them first to develop them, and finally the record company catches on and says 'Oh wow! This is different!' and finally get hip to it. But I think that, for the growth of the music industry, it has to continuously look for new and different stuff or it won't expand."

What about songs for artists? Are you always looking for songs for artists that you currently have signed?

"When I was on the A&R side at Mercury Records, yes, that's what I did. I was the A&R assistant to the President, and all I did was look for new songs. A lot of artists out there do need material — they're always calling publishers, they constantly need songs. As publishers, although we're not running around looking for particular songs, we are looking for writers to write those songs."

The Search For Songs

If you have a writer that you think has a style that would suit a particular artist, will you commission him to write for that artist?

"We'll call the record company and find out exactly what the artist is looking for, and then we'll call our writer and ask him or her to put some ideas together. Whatever they turn back to us, we'll give it to the record company, and hopefully, they'll buy it."

Do you simply say: 'here's a song that you should write on spec. We think we can do something with it if you come up with the right song?'

"Well, no. When a writer is signed to a publishing company, when they receive their advance, their contract says that they are writers for EMI, so for their contract period they write, and we exploit their songs for them."

Going back to the new artist looking for a break, your meeting with Abenna was something of a coincidence. How often is it that you simply get a demo tape which interests you? Or is it more often someone that you come to know and hear on a regular basis, live perhaps?

"Both of those things actually happen. I've been intrigued by demos that have come in, I've actually called the artist's manager and asked if I could hear more stuff. So a demo can do it. But, as you said, sometimes you go out and keep seeing someone over and over again, and the crowd likes them, and eventually you'll ask how much stuff they have and get a tape to listen to."

When you receive a demo in from a budding artist, what happens to it? How likely is it to be heard?

"I'm not saying that I'm this special A&R guy, but I listen to every tape that comes in. I will even tell my assistant to let the artist know that I've heard it and that it's not what I'm looking to sign right now, or I'll personally pick up the phone and call them and tell them that either I liked it and I can't do anything, or can I get some more stuff? However, in some places if you send a tape in and nobody knows who you are, it's not going to get heard. I mean, they'll send it back. As soon as it comes in they'll write 'Unsolicited' and send it back without even opening it. So it all depends. I sit on various panels, and I always tell people that they should believe in persistence. Out of 100 people that you send a demo to and they don't listen to it, there is one person who will listen — somebody is going to hear your tape. It could be the assistant or the intern, wanting to feel important, who listens to the tape. There are all kinds of ways to get heard, but you can't get heard if you don't try."

Contracts

Do you find that most artists are lacking when it comes to business acumen?

"Yes, very much so, and I think it's very unfortunate that so many just dive in. I don't think you would jump into a swimming pool if you couldn't swim, so why get into the record business until you know what it's all about? If you knew the inner workings of a record company, you would think twice about just sending in a random demo tape; you might think 'I know how it works, so maybe I should get my attorney or friend who works there to do this' — it's all about knowledge."

What would be your recommendation to a person aspiring to becoming a signed artist? What would be the path you recommend that they take in order to gain that knowledge?

"Believe it or not, and I can't believe this, I always comment on how people plug people's books, and I'm getting ready to do it! [Brian picks up a book from his desk called All You Need To Know About The Music Business, by Donald Passman.] This is excellent; it pretty much covers every aspect of the business. You may not become a professional just by reading this book, but at least you won't be ignorant. So if somebody starts talking to you about controlled composition, you'll know what they're talking about — if not, it's like sitting in a meeting and someone starts talking Japanese to you, I mean, you're in trouble."

Contracts

Most people don't see the importance of signing a contract; the excitement of getting to the point of signing something often means that they don't realise that it's merely someone making sure that, just in case they are successful, they're signed.

"Exactly."

In particular, I'm thinking of management contracts, in case the person becomes successful. Nothing significant is done to support them in any way — they're just signed up into some sort of contract that ties them in. As a publisher, do you find yourself caught up with people having signed some kind of contract in the past?

"These stupid documents, yeah. Because the first thing you ask is 'do you have 100% of your publishing?' I have had writers say 'yes', and then I'll say, 'you never signed a production deal?', and they reply 'oh yes, I have a production deal', and I'll say 'well, what does your production deal say?', and they'll reply 'Oh nothing, it was a production deal, about production of the music'. Then I'll say 'is it OK to get a copy of the agreement for our attorney to look at?' And when we get the agreement, half of their production is gone, and they're walking around as if they have all of their publishing. You'd be amazed how many people side‑step and don't have attorneys; they'll look at a contract and say OK, and they don't even understand the language in it. They're on top of the world, they don't even look at it. They just think, 'oh my, this record company is interested in me, I'm signing and they're going to give me this much money', without knowing that it's recoupable, without knowing that everything that they get is recoupable. It's amazing how many new artists you see riding around in limos; I mean, give me a Chevy, take me from A to B in a Chevy and I'm fine. They give them Limos and... it's crazy.

"This is how it works: once a new artist is found and signed, you produce them and support them to get a record label. The cost of that is recoverable from money they make in the future."

Is there a rule of thumb that you make to look after them, given that their enthusiasm might just run away with them and they might blow their money? Do you have a rule whereby you don't advance more than a certain amount to the artist?

"Oh, definitely. A lot of deals are based on an advance up‑front, and then everything else is contingent, depending on certain factors, certain levels of achievement. Therefore you can still support the artist and give them a certain amount of money, but you are in control of it until they warrant it; it's just like a parent giving their child an allowance — if you do the lawn, we'll give you some more money."

Once they're up and running, with a record out, and the royalties start coming, how is the advance money recovered? Do they continue on a particular sum of money a month, as an allowance, for example?

"The first thing I need to say is that each case is totally different. Contracts state whatever is agreed upon. There are no rules in a contract. You could have the most unorthodox clause in the world, if the publishing company that you're trying to sign with wants it. It doesn't have to be anything standard. Typically, right now, it's usually 50/50 publishing deals, whereby the artist gets advance money up‑front and they don't see another dime until the money is recouped through mechanical royalties. The point when they have broken even is when they start receiving mechanicals."

So their advance is then all they get as a lump sum?

"Yes. Unless they want it as an allowance — it's all done however they want it."

And some choose an advance as an allowance in order not to let it get out of control?

"Exactly. It makes them feel like they have a 9‑5 job, and they get paid every week."

Once that money starts coming in, what rights do you normally have as a publisher? Would a contract normally dictate rights in the US only, for example, or is it quite normal to make it international?

"Most publishers go after world‑wide publishing deals. If you're a new writer, there's really not much negotiating you'll be able to do. When you become larger and you have a track record, then you can walk in and start demanding 'this is a US deal only', for example."

So when an artist is signed, and he/she becomes successful, there's bound to be a wish for more as a percentage or for better terms on the contract. Is there a standard with the newer artists for length of contract term — a minimum term of three years, or six years, for example?

"Standard is such a loose term in this respect — but probably about a year with option periods. For the first term there is usually a certain commitment to fulfil: a certain amount of songs, a recording and release commitment (where of, say 10 songs delivered, a certain amount have to be recorded and released — and we're talking wholly‑owned songs, so if you're a co‑writer with two other people, you only own a third, and that goes down as a third, so you have to write another song with at least two thirds to make one whole song). Usually you have a song delivery commitment of about 10 songs. Of those, two or three wholly‑owned songs have to be released into the market. Until this requirement is actually completed, you're still under contract for the first time — so there are people you'll find who have been under contract for six or seven years, still in their first period because they have never had a song released."

Who dictates the release of the song?

"The record company."

So the writer can complete songs, but if you as a publisher just haven't found a record company to release them, then he's still stuck with the same contract. That's what you're saying?

[Brian indicates assent] "But publishing companies do whatever they can to get songs released. You're only going to make money through the exploitation of recorded material."

It was at this point that I asked Brian if he would listen to my demo tape. He agreed to listen and give his honest observations. Read next month's issue to find out how it went and whether I was able to give up my day job and drive around in a Limo!