“Moses Avalon” as he is known in print, is an author, recording engineer and record producer currently living in South Beach Miami. I bought his book, “Confessions of a Record Producer” about a year ago, so that I could learn more about what I should do if I ever got that golden phone call from a publisher or record label. I was planning for the best – but I also wanted to brace for the worst. His book was like a musical fire drill that I would need to rehearse if I ever found myself in possession of a really good song. Could I get the most out of it, or would I fritter it away and end up lamenting my bad fortune on VH1? What impressed me the most about this book was its candor and practical descriptions of the dark side of L.A. and Nashville, right down to the dirty tricks that artists, writers and producers pull on each other to get ahead. It’s no wonder a pen name was necessary! Recently, I had a media-related question about a song that I had been unable to find an answer for, so on a lark, I logged into his website (mosesavalon.com) and took a chance on his fee-based,$10.00-a-question Q&A service. I got my answer – and then some. After a series of e-mails I was convinced that he was one of the ‘good guys’ and approached him for an interview. Well, I got that too – and then some more... _

TC – What convinced you to write this book?
MA-When I was in the studio recording projects for major labels, it amazed me to see so many artists with gold records that had nothing to show for it. The artists’ managers, lawyers and record labels didn’t give them good advice. They weren’t protecting the interests of their writers and artists. The mission of mosesavalon.com is to disseminate accurate information about the recording business.

TC –So now that you’ve written this industry expose, are you still working as a producer?
MA – Yes I am.

TC – Do any of your clients know who you really are, or do you have to work hard to hide it?
MA- I have several friends in the industry that I consult with when there’s a question that I can’t answer for a reader. They know who I am.

TC- When you speak at conferences, how do you maintain your anonymity? Do you sit behind a screen to answer questions?
MA-Sometimes I wear a disguise- usually sunglasses and a hat.

TC – The cover of the book has a pixellated image of a man’s face. Is that really you?
MA – You’d have to ask the publisher (laughs) I don’t really know. I think it’s me, but they say it isn’t.

TC-In your newsletter, you spend quite a bit of time talking about the pros and cons of on-line music distribution. If it goes on unresolved, what will songwriters have to watch for?
MA - Right now, writers have a better chance of getting royalties out of the system than artists, because the law is more specific in that area. However, the RIAA (Recording Industry Association of America) is trying to assign a value to these downloads and collect money for the major record labels, but that’s hard to do if the public at large isn’t willing to pay for the product in the first place. There’s a general perception that the music should be free.

TC- So the Harry Fox Agency has nothing to do with on-line royalty collection?
MA-Right. They deal with mechanical licensing only – not performance royalties. The Harry Fox agency is an auditing agency. They can’t bring a lawsuit on behalf of the industry. The RIAA claims they can.TC- How can Joe Songwriter be sure that he’s being paid an appropriate royalty for the on-line uses of his work?
MA-Right now he can’t unless he’s willing to audit the on-line service.

TC – What was the real and practical effect (to the songwriter) of the recent changes in the statutory rate paid to copyright holders?
MA – The statutory rate used to be determined each year by the Copyright Office in Washington, but now, it’s determined more or less by the record labels themselves. Right now that rate is 7.74 cents per cut per album sold.

TC- What if Joe Songwriter has written a killer song and he knows it’s a killer song – what kinds of ridiculous terms could he ask for?
MA – The best deal I ever heard of was a contract where the writer got “Full Statutory Rate - unfixed”. That means that he got the whole 7.74 cents as well as any increases to the rate that might come along in the future.

TC- What about an advance on the song?
MA- An artist usually doesn’t get an advance specifically for use of a new song on a record. The Copyright Act allows a writer to charge whatever he wants for the “First Use” of his song, but I’ve never heard of a company paying more than the statutory rate.

TC – What if the writer has released it on his own, as an artist?
MA – Then the work is considered ‘published’ and he loses his first use rights. No one is obligated to pay him anything beyond the 7.74 cents after that.

TC – On your website, there is a section entitled “The Good Guys” where you encourage readers to submit their opinions of studios, producers and publishers. Will that database be available to your readers?
MA – We are working on acquiring software that will interactively handle the huge database of information that we’re getting. When it’s finished, you should be able to look up a resource and read everything that’s been posted about it. We get a lot of requests from studios to be ‘added’ to the good guys database, but it doesn’t work that way. You have to be added by your clients – not the owner.

TC – Will you be writing another book?
MA- Toward the end of spring, there will be another book, “Secrets Of Negotiating A Recording Contract”. I wrote it to give writers and artists a tool to use when they’re calculating what their royalties and liabilities will really be like be under a serious recording contract.

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Moses Avalon earned his kudos in the music business by producing and engineering records for Warner Brothers and BMG. His work with Grammy award winning recording artists has earned him five Platinum records and several Billboard and Ampex Golden Reel awards. His sound track compositions have been used in films that have won outstanding achievement awards at Cannes, The New York Expo and WorldFest.

A native New Yorker, Mr. Avalon currently resides in South Beach, Miami where he consults on the music industry and writes. Mr. Avalon’s book may be purchased on-line through most dot-com booksellers, but he offers autographed copies of the book if it is purchased through his website, mosesavalon.com. -editor