Lene Lovich Band, Flex Music, how it works, FLEX001, etc.

We know that a lot of you understand that we are a cottage industry outfit, and we like it that way, and why. Some of you have sent us unbelievably kind words and messages of support, and we thank you sincerely for that. Aside from anything else, we like the personal touch, indeed we think that it what has been missing for too long.

For those who don’t know how we work, here are a few things that may help you understand, if you wish to.

There is no record company, no PR company, no merch company, no office, no magic elves, no financial backing of any kind. This is the way it has to be, at least for now.

So…

Why do we use CDRs? 

Very simple: cost.

Factory-pressed “replicated” CDs are generally for runs of at least 1000 minimum. Additionally, if you are based in the UK, you cannot legally manufacture a CD until you have acquired the appropriate MCPS mechanical license. There are two available for CDs, these are AP1 and AP2 (if you own the publishing on the music you can file a “Notification of No Claim” with MCPS, but this doesn’t apply to us, alas). Major labels, with huge turnovers, can get an AP1, meaning that they are invoiced for their mechanical royalties after the CD is released, and they pay per unit shipped. Everyone else has to get an AP2. This means you have to inform MCPS of how many CD you intend to press. They then invoice you in advance for the mechanical royalties on the entire pressing, which you have to pay before the license can be granted. No license, no product.

CD-Rs (“duplicated” CDs) are not subject to the same restrictions, and even if they were, only having to find the mechanicals on the number of discs you actually need is a lot easier. Duplicated discs are generally the only option for runs of less than 1000. Companies like CD Baby and Amazon’s CreateSpace thrive on them. Warner Brothers use them to make rare catalogue and archive available to the public. Some of them are indistinguishable from replicated discs, you wouldn’t even know you had them if you didn’t know what to look for. They are perfectly reliable, as long as they are good quality discs. And we’ve all had factory-made discs go wrong anyway. If you look after them, keep them in your cases, don’t let your baby eat his lunch off them, they should last years. You can back them up on your computer. You can make copies, they are not DRM-protected, because we believe, unlike some, that when you buy a disc from us you purchase the right to listen to the music in whatever way you wish.

Using CD-R means not having to find thousands of pounds to manufacture hundreds more discs than we actually need. It means not having to pay large sums in advance for mechanical licenses. It means not having to store hundreds of unsold discs in our wardrobes, under our beds, or in expensive storage facilities. It means being able to make music legally available for a reasonable return, without having to rejoin an industry that our artist spent thirty years trying to extract herself from.

It’s rare enough that an artist of Lene’s era manages to obtain the rights to their catalogue at all. Now that she has them, we are making sure that they are managed diligently and carefully. The truth is that every single one of the reissues was negotiated, obtained, mastered, designed, hatched, matched and dispatched by us on a budget of zero. It will amount to seven albums’ worth of material altogether by the end. Possibly more.


Running a Band with Zero Financial Backing

Of course, for us this isn’t just about reissuing Lene’s back catalogue. We also have a band. The band only generates revenue when we tour. We are very lucky, because we are able to command decent ticket prices and play to good-sized audiences of very enthusiastic Lene fans. But we have to run a very tight ship to do it. We don’t have managers or agents or record companies paying tour support. Booking the shows, transportation, accommodation for seven or eight people, it all has to be done with military precision, sometimes months in advance to get the best deals. Sometimes we have to make tough decisions about whether or not to accept bookings (we’d accept everything if we could). So, we make some money out of the shows, usually enough to slightly more than cover the costs of playing the shows (but not always, that depends on the deal with the promoter). Merch sales can and do sometimes save the day. Additionally, we have the costs of rehearsals, equipment, storage and maintenance, all of which are bills we have to pay when we’re not touring. And the time we spend doing the band is time we’re not spending earning a living by other means. We all accept this, but it isn’t easy. We are not wealthy people, and the only people helping us at all are you guys, the fans.



Masters

The legal ownership of master recordings is not always straightforward. A company may physically own a master tape without having the right to use it. For example, if company A licenses a previously released recording to company B, what they are actually giving them is the right to administer the rights in the recording. Often, company B will borrows the master tape from company A and make a copy. They release it and administer it for a few years until their license expires, then all rights revert to company A. But the copy they have made remains the physical property of company B. Then say another company, company X (like us), comes along twenty years later and licenses the same recording from company A. Company A gives company X the right to release the recording, but the master tape itself has been lost in the mists of time. Company X goes to company B to obtain a copy of their copy. Company B agrees to sell them a copy for a hefty fee. Company X cannot afford the fee, but company B, knowing that the only reason they have been approached is because company A has lost the original master, refuse to drop the price. But then Mr. Z from Studio Y, who made the copy of the original tape for company B, remembers that Studio Y made their own reference copy at the time. Now that only company X has the right to actually release and sell the recording, Mr. Z and Studio Y are legally able to offer their copy to company X. Company X listens to Studio Y’s copy. It sounds fine, and using it will mean not having to find the £18,000 (that’s $30,000 USD) that company B wants for their copy. A deal is struck (in an underground carpark or a dark alley) between Mr. Z and company X, and the release can go ahead. (Company A remains happy, and just collects their 25% of the sync.)


For anyone still reading, here are some sums.

The costs of doing FLEX001 using replicated discs from the previously licensed audio source would have been:

Source (ie. major label master tape ransom) £18,000
Replication £4,000
MCPS £1,000
Printing £2,000
Boxes £1,000
Mailing boxes £500
Postage approx £7,000

Total = £33,500 ($55,500 USD)

(NB: Keyrings, badges and signed photos would be unavailable in these numbers, and the item would be limited to 1000 instead of 100.)

We would have had to sell 670 units at £50 each just to break even. We'd also have needed £33,500 to spend before we even began. There was no chance of that, let alone of paying the bills with such a project. Literally none. So we did it the other way.

It is regrettable that it has taken so long for us to fulfill the orders, we do apologise for that, it wasn’t part of the plan, obviously. We’re new to this and we didn’t really appreciate the workload involved. We also didn’t know Lene would change her mind and decide to contribute sleevenotes, though we’re really glad she did, even though it was so late in the process and it did hold things up considerably. As I said, there is no corporate operation out here, only us. 

And whilst we're sure you won’t all like it, because that would be a world gone topsy-turvy, we hope you’ll now better appreciate why we did it the way we did. And thanks for remembering to judge music with your ears and your heart.