A Musician's Terms of Service

I field a lot of questions about posting videos of my concerts on YouTube, using my music for various projects, and so on. These days the term “fair use” seems to be as nebulous as “pop rock”.

So a while back I set up a Terms of Service page (just like a real company) that specifically deals with my music and how my fans should treat it. This isn’t a legal document and shouldn’t be considered as such- I just want to clarify my position on some really confusing issues. Honestly, I’m surprised more artists haven’t already set up something similar.

Here’s the current version, though the full TOS will always be available at www.matthewebel.com/tos


Rules of Thumb

Here are some basic guidelines to follow when considering using my music. These rules supersede all the others, so take them to heart:

If you’re going to be making money off of my music, I should too.
For example, if you’ve got a podcast with sponsors, a music-playing website with Google Adwords, or you’re making a video that’s promoting a product, do the right thing and contact me about licensing.
If you’re doing it for the right reasons, do it.
You’ve got a conscience, you know if you’re being cool or being a schmuck. The RIAA will not notice if you rip off an indie artist, but I will.
Keep politics out of this.
I am very careful about which politicians, groups, and causes I support, so if you’re thinking of using my music to support a candidate or cause, please ask me first.
Post links back to www.matthewebel.com
Should be self-explanatory: Send people to this site whenever you can, please!

Read More…


Lost My Way A Capella performed by The Nighthawks

Holycrap, an a capella group took one of my songs and… well, LOOK:


Can't Wait To Fly Home

And neither can Adam Savage, apparently. (Warning: F-Bomb in there.)


I Need YOU To Replace My Robot Drummer


Do You Want A Cameo In My Comic Book?

You can get your face and likeness in my upcoming graphic novel project, The Lives of Dexter Peterson.

The talented, graceful, partially pink, and all awesome Genesis Whitmore is tirelessly toiling away on panels for the book while I refine the story. She’s offered to do something amazing for my most hardcore fans:

Any VIP or higher members of Matthew Ebel dot net can send me a photo and she’ll work them into the book… somewhere.

Think about it… You’ll be forever immortalized in the tale of a man surrounded by faces- always changing, temporary, and impersonal until he finally sees that one face that doesn’t change. With over eleven thousand groups of friends, enemies, lovers, colleagues, and family, there’s no telling who he’ll meet next. Or who YOU will be in that crowd. The only constant is the mysterious girl who never changes.

Are you not a VIP yet? Sign up at www.matthewebel.net today and put your face in this project!


Fix It Yourselves, America

So Obama hasn’t cerated three million new jobs in two years. What the hell were you expecting? I know I wasn’t counting on a government check to pay for a personal assistant for me, as much as I know I need one. How is it possible that people who believe so strongly in the power of the free market can turn right around and blame the government for not solving their problems? I’m an American, I will fix my own damn country.

As usual, let the music industry be an example of how the future’s going to look. They had a business model for decades that went something like this:

Lego Repair

Photo by Arne Hendriks

  1. Sign artist to label.
  2. Record album that label owns 90% of.
  3. Send artist on back-breaking tour schedule to promote album.
  4. Bribe or outright own radio stations to promote album and tour.
  5. Profit.

If you haven’t read any articles or watched the news lately, you might assume that this model still works. I’m sorry to tell you that the little-round-disc industry (formerly the music industry) isn’t making a profit like it used to.

  1. Why sign new artists when it’s easier to manufacture them for a pre-existing marketing plan? Or just sign a 15-year-old starlet that’s too young to understand the way contracts work, too young to stand up for their rights, and too young to sing on key with any semblance of soul.
  2. Albums can now be recorded in basements with an iMac. No label required.
  3. Gas is over $3 per gallon in many places, making touring expensive and keeping concert-goers from driving anywhere.
  4. Radio’s still big, but Pandora’s getting bigger. And it’s not controlled by people… the robots pick the play list!
  5. Blame, demonize, and eventually sue alleged “pirates” to recoup less than a million in lost profits. Spend multiple millions doing so.

So what do we do to “save the music industry”? Do we write to our government asking for money or tax breaks so major labels can hire more people even though they’re not actually making a profit any more? Maybe we should ask the government to bring back the 1960′s, that would be about as effective.

How about we change the whole industry instead?

The reason I say “the little round disc industry” as Chris Penn calls it instead of “the music industry” is because the music industry is doing perfectly fine. Entrepreneurs and small startups are popping up left and right- many of them failing, many of them succeeding -and doing the jobs that the old industry used to do profitably. Independent artists like Derek Sivers started bypassing the labels and selling their own music, and we all know how that turned out. The internet has made PR, distribution, and promotion much more affordable and much easier for guys like me to flourish.

I made my own job. I make an American product with American labor. I export that product to other countries. Though it’s kinda tiny, I do indeed make a profit. When I get the money to do so, you can bet your ass I’m hiring some American help.

I know not every industry can evolve the way my industry is changing, but I sure as hell hope that people aren’t expecting the government to wave a wand and make more jobs. Make your own jobs. Make better products. Provide better services. Hire American workers and spend your money at American businesses. You’re the only one that can create jobs.

Hell, we should get Obama to wear a State Park Ranger hat and just hold a press conference saying, “only YOU can prevent unemployment.”


Live at MFF in Chicago

Matthew Ebel LIVE at MFF 2010

That’s right, I’ll be in the Chicago area in a couple of weeks. This is my FIRST GIG in ILLINOIS, so let’s make it a good one! Details for registration and tickets are at www.furfest.org.


Drop Everything

Amanda and Me If you didn’t catch my other two posts about what happened this week, I was called in at the last minute to make good use of my UStream capabilities for the Dresden Dolls shows in Boston. I had planned on doing a lot of writing and live performance prep this week, but this two-day request would pretty much axe all that. They were only planning on covering food and parking, not two full days worth of my usual session player rate. So why the heck should I volunteer my time and talent for someone who’s already got a manager, an agent, and an army of people helping her?

What makes me drop everything for someone else’s project?

On one level it’s a matter of karma. Whether or not Amanda and her team ever plan to drop everything and help me out, I try not to pass up opportunities to do for others what I want done for me. It’s one part personal belief, one part gamble. I believe the chance of return from good karma is a hell of a lot higher than winning the lottery or getting “discovered” at an open mic.

Most importantly though: I don’t believe it’s coincidence when someone you know has a pressing need that you’re the perfect guy to fill. I’ve been in the right place at the right time with the right people far too often to believe it’s all chance. Granted, I still wish my career would move a lot faster than it is, but I think I’m moving at a pace that’s being intentionally directed. Maybe it’s to retain my humility for a longer, happier career. If I turned into a superstar overnight I probably wouldn’t respect my fans and supporters as much, I don’t know.

All I do know is that if you’re doing something I believe in, you need help, and I’m the right guy for the job, I will drop everything for you.

So here are the questions for you folks reading this: What do you drop everything for? What are you doing for those people who drop everything for you?


Live Performances Should Be Like Church

If there’s one thing I learned from my former years playing in houses of worship, it’s that the Sunday morning experience is designed for maximum effectiveness. Granted, some churches are more finely tuned than others, but the principles of your average worship service should apply to every single concert you play.

  • Start with an engaged crowd. Even if it’s just the first row or two, a well-timed “Hallelujah!” now and again will get the cold crowd to warm up a little.
  • Appeal to all five senses. Studies have shown that we remember events better if all of our senses are engaged. The Church, in its various forms throughout the millennia, has evolved to adopt this level of impact.
    1. Sight: Robes, banners, crosses, flowers, statues, you name it. Stained-glass windows and flying buttresses were designed specifically to catch your eye.
    2. Sound: Obviously, a church service involves talking and music. If your shows don’t have either, you’re reading the wrong article.
    3. Touch: At some point in most services there’s a moment to shake the hands of people around you. Perhaps there’s a laying on of hands while a blessing is read. In a world where we’re naturally suspicious of everyone else, a gentle touch from someone with a good message can leave a lasting impression.
    4. Smell: Roman Catholics nailed this one by swinging balls of incense. Mine would hang evergreen boughs in the sanctuary during Christmastime. Maybe your church bakes fresh bread for communion. Maybe it’s just the smell of coffee before and after the service… One way or another, your nose is being spoken to.
    5. Taste: In my religion, this one dates back to the guy that started it. The tradition of a little wine and bread was coupled with a very specific statement: “Do this for the remembrance of me.” Not bad advice.
  • Audience Participation! This one deserves its own exclamation point. The reformation introduced many concepts into the Christian church, one of which was the involvement of laypeople in the worship service. People are more likely to pay attention if they’re a part of the experience.
  • Speak their language. Again, another gift from the Reformation. If the people speak German, why are the services in Latin? Sure, you can prepare your talking points before a show, but pay attention to your audience and converse with them on a level that they will understand.
  • Give them a mission. If you’ve reached someone, they won’t want the experience to end. Give them something they can do after the concert is over- even if it’s as simple as “give this download card to a friend who’s never heard of us”.

I’m not suggesting for one second that you train your fans to worship you… but you can certainly harness the power of thousands of years of effective organization to spread the word about your band.


Jealousy

So seeing the Dresden Dolls last night made me a little uncomfortable. I admit it. I’m no better than Pat Monahan… I get very jealous when I see others doing the things I wish I could do. I’ve been dreaming of playing sold-out shows at big theaters since I was 12.

Why should I get jealous when I see a good show? I know those two have worked their asses off to get to the stage they’re at, nobody just handed them enough fans to fill the Wilbur Theater. They earned them. Still, here I am: Working my ass off trying to put on the best show I possibly can. I can’t afford to hire the kind of crew that Train or Amanda Palmer have working with them, I’m doing most of this myself. And yet I haven’t quite reached that goal of playing the big rooms with my name on the marquee.

The Dresden Dolls show reminded me of what I don’t have.

Does this make me a bad person? I don’t think so. It makes me a person. One of my heroes summed it up best in August:

The guy I really let get to me was John Mayer. Man, I wanted what that guy was achieving and now that I’ve had a chance to hang with him and see how great he is at what he does, I truly only want great things for him because he really is a crazy talented musician and an ultra smart dude. Yea, there may be one or two others that I still need to love instead of envy but I’m trying AND learning. Happy to be where I am right now. That other place is way lonelier.
- Pat Monahan

I will get there someday. I don’t know how the hell I’ll do it, but I’m going to succeed or burn out trying. The only way it’s going to happen, though, is if I stop coveting the success of others and just enjoy the shows they produce. Turning envy into inspiration is not easy, but it’s the only way to keep it from eating you alive.