SHOPPING TO RECORD COMPANIES AND MUSIC PUBLISHERS:
THE UNSOLICITED DEMO DILEMMA
By Ed Pierson

Getting a record or publishing deal is one of the most elusive and difficult tasks in any songwriter or artist's career. The numbers illustrate the chances: Of the thousands and thousands of bands and songwriters that exist throughout the world, less than 100 per year will secure a new record contract with a major label or a publishing agreement with a major publisher in the United States, and of those perhaps 20 will have a successful first release.

To make matters worse, most major record and publishing companies in this country have taken the position that they will not accept unsolicited demos, and the same is true for many music publishers as well. The following outlines the situation and what to do about it:

• Why No Unsolicited Tapes?

Beginning in the l970's with the advent of the home studio, the volume of tapes that artists were "pitching" increased dramatically and record companies and publishers were flooded with tapes by acts who sought a record or publishing deal. At the same time, labels and publishers were being dragged into lawsuits wherein songwriters were claiming that they had written the popular artist's song and that the demo tape had been previously submitted to the record company who then allegedly "stole" the song and gave it to its artist. As a result of these two factors most major record companies took the position that they would accept no unsolicited tapes from artists or songwriters, an attitude which increased into the l980's and 1990's.

• What is "Unsolicited"?

The most obvious example of an unsolicited tape is one that is simply sent to a record company or to their 'A&R Department' by the artist and not addressed to an individual. The labels and publishers assume that if they do not know the person sending the tape, the tape is 'unsolicited' and will be returned unopened or will not be listened to. The labels and publishers have large departments who do nothing but listen to demos, and the question arises of how the tapes got there. They receive thousands of tapes on an annual basis which are deemed to be 'solicited'. These tapes come from artists already on their roster, producers, managers, lawyers, and agents who they know and have done business with in the past. The theory is that by accepting these solicited tapes, the companies will minimize their risk of being sued, and further that they will receive fewer tapes of higher quality because they have been "pre-screened'. The reality was and is that most labels and publishers had not found any artists they ended up signing as the result of the unsolicited tapes that came through the door with increasing frequency, and that the unsolicited tape policy made their job of finding the hot band in Cleveland, Los Angeles, or Denver, easier.

• How to Get Solicited.

The easiest and most direct way to be able to submit a tape to a record label or publisher that has a "no unsolicited tapes" policy is to get to know people who work for the record companies or music publishers. Participating in the music associations (such as the National Academy of Songwiters) is a beginning, together with attending seminars such as South By Southwest (in Austin), The Songwriter's Expo, and The New Music Seminar, where there are key opportunities to meet people who work for labels and publishers. Ultimately, once you establish a relationship with them, they will accept your demo submissions for consideration. (Just don't hand it to
them in the first five minutes.)

Another option is to find a recording artist, producer, entertainment attorney, music business manager, or other established person in the business who might want to take your project on and shop it to the record companies. Realize that there is virtually no one in the business who is reputable who shops tapes for a living -- rather, they are doing something else in the music business which gives them access to the record companies. If it is anyone other than an artist, you are going to have to pay someone for their time and contacts to shop a demo. Realize too that most people don't like to shop material, and if they do so it is on an infrequent basis because credibility with the labels is of utmost importance. If a manager sends every tape that comes in his office to record companies/publishers for shopping purposes, after about the second week the labels and publishers are going to stop listening because the manager has lost credibility in finding talent and being discerning as to quality. The manager's reputation in the industry is thus diluted.

Record companies and publishers are constantly revising their unsolicited demo policy, depending upon who heads the A&R or Creative Department. When it is determined that a project is ready to be shopped, you may want to make a list of the labels or publishers that are appropriate for the band, then place phone calls to the A&R and Creative Departments to inquire with respect to their policy on unsolicited material. A good source on current policies of record labels regarding submission of tapes is Music Connection Magazine. If the label/publisher is accepting unsolicited tapes, make sure that your package is addressed to an individual A&R or Creative Representative, hopefully one who likes and signs your specific kind of music.

• My Advice?

I know that every unsigned artist wants a record or publishing deal and they want it tomorrow. But if you look at the history of signings by labels in the past five years, most of the acts who were signed are the ones who have created a buzz before a demo has even been sent.

An A&R person at a major label once told me: "If a band wants to get a tape to me, I'm not interested in that band. I'm looking for a band that is doing it on their own." The best scenario is when a publisher or label says to an artist's representative: "I've heard about this band through a newspaper article, airplay, our local promo person, or the industry buzz, and I want to hear the demo."

So I say save the postage and spend the energy taking your hometown by storm. Play every gig as if it were your last one, make a recording and sell it, get fans, press, airplay, and some sales on a local basis, and phone calls will come in sooner or later from record or publishing companies asking for a demo. The material you send then will be the best kind of solicited demo there is and the one that will get you a record or publishing deal.

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