2. SELECT SONGS TO RECORD (AND MAKE SURE YOU'RE ALLOWED TO)

You're not just picking a random potpourri of songs; instead, you are creating a "program" that is varied in scope. This program should show your creative range (that all your songs don't sound the same), but it should also help the A&R reps figure out how to sell you. Here are some examples of how to create a strong program:

  • Don't put only fast or only slow works on the CD - it won't display your group's full capabilities.

  • The songs you record should not be so long that a busy executive wouldn't have time to listen to more than one selection. A demo recording is typically between 15 and 35 minutes long.

  • You don't want to offer a demo containing every piece you've ever played, because then if an executive is interested in hearing your group, you'll only be repeating the selections you've already provided for them.

  • The order of the pieces is totally up to you, but here are some guidelines: place your two strongest pieces at the beginning of the demo, and another strong, polished piece at the end. The middle is a toss-up.

Making recordings of other people's work

If you are performing someone else's works and would like to make your own recording of those selections (known in the industry as making a "cover"), you must investigate into whether those songs are in the "public domain" or not. Otherwise, you could get sued for a whole buttload of money. This counts whether you're doing the whole song, just the melody, or just some of the lyrics; people take this infringement on intellectual property very seriously (it's something that Weird Al Yankovic encounters every day). This investigation of the legal issues surrounding making a cover holds true for all genres: pop, jazz, classical, everything.

  • Dead composer: Typically (but not always), if the composer is deceased, the work becomes part of the public domain. Works that are extremely old (say, 200 years old) are surely in the public domain. You can check on this by calling the Library of Congress at (202) 707-9100.

  • Living composer: If the composer of the song you wish to record is alive, you must get a license giving you permission to reproduce their work. If the rights are owned by a "third party", such as a publishing company or management, you will need to get a mechanical license before you record that work. Here are the best organizations to use to find out who owns the song you want to cover:

They will give you information about the party who owns the rights, and then you can go ahead and contact that party directly to discuss rates and other details. Don't forget that you must give credit to that party on your CD cover itself.

NOTE: Even if you only use pieces of someone else's song, you must go through the above process and obtain a license to reproduce it. Don't cut corners now, or you may end up with large legal troubles later on (and trust us, you ain't no lawyer!).

If you are writing your own songs, you should copyright them so that other people wanting to use your songs will need to obtain your permission to reproduce them. Obtain copyright forms from the Library of Congress to begin this process. Send them the completed forms, a recording of the songs you wish to copyright, and a lyric sheet, plus a $20 handling fee. In about 3 weeks, you will receive confirmation of your copyright request.