Artist Only FAQ (2000)

Artist Only FAQ

Exactly what is ListenSmart.com? Is ListenSmart.com a record label? What does "Revenue Sharing" mean? Do I have to sign a "Revenue Sharing" contract for ALL of my songs? What Artists Would NOT Be Interested in "Revenue Sharing"? How do I set up my own music publishing company? When can we see this single-song contract that will be necessary for "revenue sharing" status? What are the criteria for determining which songs are worthy of a music publishing contract, and thus, "revenue sharing" status? How much individual promotion effort will be put into my songs? Can I still sign a recording contract with a label even if I have signed a music publishing contract with ListenSmart.com? What does it mean to "exploit" a song? Explain to me your "OmniPost™" service of posting my content and information on other MP3/Independent music sites? If you post my material to a site that pays the artist, do you take a "cut?" I've got great music. Does that guarantee that I'll make a lot of money? By giving away half of all the advertising revenue, how does ListenSmart.com expect to make money? Can anyone post his or her material to ListenSmart.com? How is ListenSmart.com different than MP3.com? How is ListenSmart.com different than AMP3.com? How is ListenSmart.com different than IUMA.com? How is ListenSmart.com different than Riffage.com? How is ListenSmart.com different than other MP3/Independent Music sites? Why do you not "feature" or "spotlight" bands and artists? Aren't "features" important for users of the site to find new music? Why are there different popularity chart "categories?" How are the popularity charts "weighted?" Will ListenSmart.com accept "cover" songs? Will you accept MP3 file uploads that use encoded bitrates greater than 128Kbs? Where is ListenSmart.com located?

Revenue Sharing Artists

Q: Exactly what is ListenSmart.com?

A: ListenSmart.com is a combination music publisher and independent music Internet web site. ListenSmart.com has created a new and unique business model whereby the artists will share the revenues generated by the site 50/50 based on their popularity. In exchange for "revenue-sharing" status, artists establish ListenSmart.com as their music publisher, thus creating potentially explosive earnings for the artists and for ListenSmart.com from future royalties.

Q: Is ListenSmart.com a record label?

A: Although we can produce and sell CDs for independent artists (coming soon), we do not consider ourselves a record label. A record label's main focus is to sell as many records (CDs) as possible to generate revenue. As a music publisher, ListenSmart.com looks for as many means possible to generate revenue from our catalog. And although we encourage CD sales we look beyond the simple sale of recordings for additional methods to increase earnings for our artists.

Q: What does "Revenue Sharing" mean?

A: The most radical element of the ListenSmart.com business model is activated when the artist elects "revenue sharing" participation for one or more of their songs. Artists who elect this option effectively enter into a business relationship with ListenSmart.com as the contractual music publisher for their song(s)/composition(s). Although anyone can upload their material to ListenSmart.com and sell CDs and/or merchandise, "revenue sharing" status requires establishing ListenSmart.com as the contractual music publisher. For each "revenue sharing" song or composition, the artist will sign a standard single-song publishing contract. In exchange for establishing ListenSmart.com as their music publisher, the artist stands to potentially earn considerable immediate and future revenues. "Revenue sharing" artists will be distributed 50% of all advertising revenue earned by ListenSmart.com. The exact distribution amounts will be commensurate with the total number of downloads received by the artist's "revenue sharing" songs, relative to the songs of all the other "revenue sharing" artists.

For example:

• $1 million in ad revenues collected in one quarter
• $500k = the 50% "pool" that will be distributed to "revenue sharing" artists.
• The total number of downloads of "revenue sharing" songs over the course of the quarter = 1,000,000.
• Thus, each download would payback $.50*

*Although we cannot predict exactly how accurate these numbers will be, the illustration above demonstrates how the system works and its enormous potential.

Thus, a "revenue sharing" artist, that is responsible for exactly1% of all downloads from among the pool of all "revenue sharing" songs, will receive exactly 1% of the total payout to "revenue sharing" artists. Also, only "revenue sharing" artists will be included in the SyncSmart.com & SmartAandR.com database.

Q: Do I have to sign a "Revenue Sharing" contract for ALL of my songs?

A: Anyone & everyone is welcome to post their material to ListenSmart.com, however, only the songs where ListenSmart.com becomes the music publisher (with a standard single-song contract) are eligible for "revenue sharing." We use the term "songs" rather than "artists" because it's really not an all-or-nothing offer. An artist can decide their level of participation on a song-by-song basis. Also remember that it is a completely non-exclusive agreement and the artists retain the control of their work.

Q: What Artists Would NOT Be Interested in "Revenue Sharing"?

A: We will be the first to admit that a music publishing/"revenue sharing" relationship will not appeal to all artists. ListenSmart.com is looking to sign to publishing contract songs from the artists that are currently earning little or no royalties, so that we can maximize their ability to earn revenue. Thus, not every independent artist will be attracted to our "revenue sharing" relationship, and some artists may be better off by avoiding a contract with a separate publishing company altogether. We believe that the artists that would NOT be interested in our "revenue sharing" relationship are:

a. Artists planning on starting their own music publishing administering their catalog of works, and promoting their own music

Instead of signing a contract with a music publisher, many artists prefer to create their own publishing entity, and either administer the rights themselves or hire someone to do the administration work for them for a small percentage. This is really a fundamental issue. Those artists that have the capacity, the resources, the connections, and the gumption to do it themselves, really should not be sharing the royalties with any music publisher for redundant efforts. Please note, however, the time, effort, fees, and procedures associated with forming and operating one's own publishing company are often impractical for independent musicians.

Although by forming one's own music publishing company, the artist is able to keep more than just the "songwriter's share" of the music publishing royalties, the artist also becomes responsible for doing the promotional efforts themselves so that royalties are generated.

Another major reason for establishing a relationship with a music publishing company is to avoid the the intricacy of negotiating licenses, royalties, and fees if and when there is interest in the use of your music by a third party. Understanding all the variables involved and staying current with statutory rates and industry practices is truly a significant endeavor.

There are, however, are many other good reasons to sign with a music publisher besides merely performing administrative functions. Many artists prefer to spend their time and efforts making music rather than maximizing the potential royalties from it. It takes a significant amount of time, energy, and resources to have music heard by potential record companies, producers, motion picture and television producers, studios, networks, advertising agencies, etc. who may consider use of your music. Merely identifying what music professionals are actively looking for new acts or material at any given time is a significant task.

b. Artists who feel that they will find a better publisher to sign with that will exploit their material more effectively than ListenSmart.com

In signing a music publishing contract, you are exclusively assigning the "music publisher's" share of royalties from your music to a music publisher. There are thousands of other music publishers all over the world. Thus, if after fully understanding the advantages of "revenue sharing" status, you feel that there is or will be a better opportunity for your music with a different music publisher, you should refrain from signing a contract with ListenSmart.com. It is also worth noting, however, that many established music publishers may want nothing to do with an artist who doesn't already have a record deal or some other guaranteed way to generate income.

As a good test to determine candidacy for "revenue sharing" status, artists should ask themselves the following four questions. Artists that answer "YES" to any of these questions listed below should NOT sign a publishing contract with ListenSmart.com or ANY music publisher for that matter.

1. As it applies to the matters of the promotion and business side of music, do you consider yourself a "Do-It-Yourself" type? (as opposed to allowing a trusted third party handle the business aspects for you)
2. Have you ever considered becoming your own music publisher, or expect to do so in the future?
3. With regards to the song you are considering for "revenue sharing" status, do you reasonably expect to earn royalties of any significant amounts - now or in the future - without the services of ListenSmart.com?
4. Do you expect that you will sign a recording contract in the near future that will include this song, without the promotional help of ListenSmart.com?

Artists that answer "YES" to any of these questions listed above should NOT sign a publishing contract with ListenSmart.com or ANY music publisher for that matter. Rather, they should consider forming their own music publishing company described in the next section.

Q: How do I set up my own music publishing company?

A: Up and beyond promoting your own music, artists that wish to collect music publishing royalties (in excess of their 50% songwriter's share), will have to through several administrative steps to form their own music publishing company.

1. Select a name for your publishing entity and file a "request for publisher name clearance" with the ASCAP, BMI, or SESAC (or whatever performing rights organization you are or will be affiliated as a writer). They request at least two additional "alternate" names, in case your first request is unavailable. Name clearance is required to prevent duplication of an existing music publishing company. The performing rights organizations wish to avoid any confusion when distributing royalties, so they insist that you clear the name of your company first. Keep in mind that you are only eligible to have BMI, ASCAP, or SESAC process your application as a publisher if : (a) a record is being released containing a performance of one or your songs; (b) a motion picture is being released that includes one or your songs; (c) a television program will be or has been broadcast using one or your songs; or (d) a radio program has been broadcast that played one or your songs. If you do not meet this criteria, you will have to wait until you do before your application will be approved. Please note that there is a $50 annual fee for being a publisher-member of ASCAP and there is a one-time $250 application fee to be a BMI publisher, and no annual fee. There is no fee for SESAC publishers.
2. Once your name is cleared by the performing rights society, file a "D/B/A" ("Doing Business As") for your publishing company's name with your county clerk (or appropriate government agency). The royalties paid by ASCAP and BMI will come addressed to your publishing company, thus you will also need a D/B/A to open a separate bank account in your publishing company's name to cash or deposit the checks.
3. Get a Tax ID number for the publishing business as well. ASCAP and BMI require that you either include this information when you register with them, or that you are in the process of applying for an EIN because they must keep tax files on all of their members.
4. Copyright all the songs you wish to have in your company on a PA form assigned to your company. If you have already obtained copyright registrations on your unpublished songs, you will now register them again as published works. Unfortunately, the Copyright Office will not process your request for transfer. Rather, you must transfer your copyrights to your publishing company by writing out your own "contract of transfer" and signing it. Only then can you record the transfer with the Copyright Office. You may call the Copyright Office at (202) 707-9100 or check the website at http://lcweb.loc.gov/copyright to request Circular 12, "Recordation of Transfers and Other Documents" or for more information.
5. For songs that will be released as commercial recording (i.e. CDs), or for songs that will be or have been performed in a movie, TV program, or performed on the radio (regardless of whether the song is included on any record), fill out both the writer's and publisher's clearance forms from the performing rights organization you have associated yourself with (BMI, ASCAP or SESAC). These forms will serve to notify the organization that a specific song is being released on a specific album so that, when it is performed on the radio, TV, or elsewhere, the organization will know who to pay, what percentage to pay the writer and the publisher, and where to send the checks. Directions are included on the forms and in the publisher's manuals provided by the organizations. As a good business practice, you should always keep a copy of everything you send out for your files.
6. Set up a system to track the accounting for each of your songs. Commercial software such as "SongTracker" and "SongTracker Pro 3.0" from Working Solutionz (http://www.bizbasics.net/songtrkr.html ) can be helpful, or you can use a simple spreadsheet or journal to keep track.
7. Learn as much as you can about the music publishing business. Use the books and resources listed earlier in this document as a point of departure.
8. Promote your music so that you will earn the maximum amount of royalties.

You can see from the steps listed above why many independent musicians choose to form a relationship with a music publishing company, rather than perform these administrative tasks themselves.

Q: When can we see this single-song contract that will be necessary for "revenue sharing" status?

A: Our site will operate in "Beta" mode for the next several weeks so that we may correct any inevitable technical glitches. When we "officially" launch within the next few weeks, we will be activating our revolutionary new "revenue sharing" business model. Within the next few days, we will be posting a "beta" version of the single-song music publishing contract, which will be necessary for "revenue sharing" status. We will post the "beta" contract on our artist only bulletin board for all to see and respond to. This way, any reasonable request from the artist community to adjust any of the legal language can honored prior to its official activation.

Q: What are the criteria for determining which songs are worthy of a music publishing contract, and thus, "revenue sharing" status?

A: All songs are eligible for a music publishing contract and "revenue sharing" status. This question is often asked by individuals that are familiar with the conventional "screening" practices of traditional music publishers and do not fully understand the revolutionary nature of the ListenSmart.com business model. The system of traditional music publisher used criteria based on subjectivity. One person or one entity would "screen" material based on how much appeal they think a song will have. Are they right? Who knows, maybe some were better guessers than others. The ListenSmart.com system diverts that subjectivity away from one person or entity, and actually lets a music listening community determine the level of appeal. Moreover, artists will always be appropriately compensated based on that level of appeal. Also, the greater the level of appeal, the greater chance that song will have for additional uses since it will have "proven" itself in a test market and has a demonstrable, verifiable track record.

Q: How much individual promotion effort will be put into my songs?

A: The promotional efforts of the ListenSmart.com machine tend not to focus on one individual song or artist. Rather, the promotion is directed toward the entire catalog of "revenue sharing" songs as a whole. This, of course, is always coupled with providing objective ways to find the music in the catalog based on a variety of sophisticated criteria including genre, popularity, tempo, mood, subject matter, instruments used, etc (all of which are chosen by the artist during the song signup procedures). The traditional music publishers never had the technologies for catalog management and song tracking that ListenSmart.com will. Thus, for example, an A&R rep who used to be limited by the record-keeping/subjective-taste/memory of the catalog manager at a traditional music publisher, will now be able to visit SmartAandR.com and say: "We're looking for a post-grunge band in Seattle that has sold at least 1,000 CDs, has had at least 50,000 downloads, has at least 5,000 email addresses on its mailing list and has a manager and the capacity for a national tour," and find them, listen to them, and sign them! Moreover a film-producer who was previously shackled by the limitations of same catalog manager will now be able to visit SyncSmart.com and say: "I'm looking for a popular country-rock song by a female artist that uses the guitar and the violin, is up-tempo (but in a relaxed mood), uses the word 'beer' in the lyrics, and deals with the subject of ghosts," and find it, listen to it, license it and download it! This, of course, is a more efficient means of getting the right music in the hands of the right music professional, thus is a much more effective system for maximizing the royalty-earning potential of all songs within a catalog than individual promotion.

Q: Can I still sign a recording contract with a label even if I have signed a music publishing contract with ListenSmart.com?

A: Yes, you can absolutely sign a recording contract after you have signed a music publishing contract, and we hope to help you do so. It is actually quite common for labels to have artists and/or songs brought to them by music publishers. You should know in advance, however, that virtually every record company has established a "sister" or affiliate music publishing company. Thus, it is very common for labels to offer a publishing contract at the same time they offer a recording contract. However, antitrust laws prevent record companies from compelling an artist to sign a music publishing contract as a requirement of the recording contract. The bottom line is that a record company's main source of revenue comes from selling records, not from music publishing royalties.

Q: What does it mean to "exploit" a song?

A: Despite the negative connotation, "exploit" is a term used by music publishers to describe generating the maximum amount of royalties possible from a song from all sources including mechanical royalties (i.e. CD sales), performance royalties (i.e. radio airplay), synchronization royalties (i.e. movie soundtrack music), and several other methods. As an artist, you will want a music publisher to "exploit" your music to its fullest earning potential so that you can earn 50% of the royalties generated by their efforts.

Q: Explain to me your "OmniPost™" service of posting my content and information on other MP3/Independent music sites?

A: It is our fundamental belief that the inherent value of your music comes from its ability (or potential) to draw a crowd, not its ability to compel a consumer to spend $10-20 on a piece of plastic which your music has been recorded to. Thus, as an added bonus service to "Revenue Sharing" artists, ListenSmart.com will post the artists songs and information on every other MP3 or independent music site available, thus leveraging the resources of other sites to promote our participating artists. We will also constantly monitor the Internet landscape for new sites or new opportunities to circulate our artist's songs and information. Should a worthy new site spring up, we will offer to submit our participating artists information. It is our feeling that the apparent contradiction of supporting our competition is far outweighed by the added exposure for our participating artists and the greater chance for music publishing royalties in the future. This service is, of course, completely optional. Also, please note that updating/administrating the sites will be the responsibility of the artist.

Q: If you post my material to a site that pays the artist, do you take a "cut?"

A: No, absolutely not. Our motivation in providing this service is to allow you to reach a wider audience to help build your fan base. By building a fan base and developing relationships with your fans, it will be easier for us to help you "cash-in" on those relationships through several different methods.

Q: I've got great music. Does that guarantee that I'll make a lot of money?

A: Although we guarantee that our "revenue sharing" artists will be paid for each and every download, there are - unfortunately - no guarantees regarding how much you will make. It is our fundamental belief that the inherent value of your music comes from its ability (or potential) to draw a crowd. Thus, our business model does not subjectively evaluate the quality of your music, but rather, allows your music to find listeners and compares your music's ability to "draw a crowd" as compared to the music of other artists. Thus, our "revenue sharing" artists are compensated by the number of downloads they receive relative to other "revenue sharing" artists.

Q: By giving away half of all the advertising revenue, how does ListenSmart.com expect to make money?

A: We expect to build a very viable and robust business, however, our core focus is not on the amount of traffic and eyeballs visiting our site, but rather, the inherent value of the intellectual property created by our "revenue sharing" artists. Thus, we have created a business model to allow immediate cash flow to both the artists and the company from advertising revenue, while focusing on the potentially explosive revenues generated from future royalties.

Q: Can anyone post his or her material to ListenSmart.com?

A: Anyone & everyone is welcome to post their material to ListenSmart.com, however, only the songs where ListenSmart.com becomes the music publisher (with a standard single-song contract) are eligible for "revenue sharing." Additionally, only the revenue-sharing songs will be included in the SyncSmart.com and SmartAandR.com databases.

How is ListenSmart.com Different?

Q: How is ListenSmart.com different than MP3.com?

A: MP3.com is not a music publisher, thus, they do not have a business interest in maximizing the royalty-earning potential of your music. MP3.com currently does have a system in place to compensate artists called "Payback for Playback." However, it is important to understand the fundamental difference between MP3.com's & ListenSmart.com's artists payment system.

MP3.com has set a fixed - and somewhat arbitrary - dollar amount ($200,000) to distribute to its content-providing/traffic-driving artists. The amount is not at all commensurate with how much traffic is driven (which translates to eyeballs seeing ads, which translates to cash). ListenSmart.com will always distribute 50% of all advertising revenue generated by the site, which allows the total payout to the "revenue sharing" artists to grow in proportion to the amount of visitors.

Also, MP3.com's "Payback for Playback" uses a secret algorithm to determine artist's share of the $200,000 based on downloads, streams, etc. Our system is much simpler and completely open. Payment is based on the number of downloads (only) relative to other "revenue sharing" artists. Thus, if your "revenue sharing" songs represents 1% of the total downloads, then your distribution will represent 1% of the total payout.

Both ListenSmart.com and MP3.com use non-exclusive agreements. Therefore, ListenSmart.com's "revenue-sharing" artists will be offered the service of having their content and information posted on MP3.com for them. Thus, they will potentially establish multiple revenue streams from their music.

Both MP3.com and ListenSmart.com (coming soon) will allow artists to create their own CD, set their own pricing and earn a 50% royalty.

Q: How is ListenSmart.com different than AMP3.com?

A: AMP3.com is not a music publisher, thus, they do not have a business interest in maximizing the royalty-earning potential of your music. AMP3.com currently does have a system in place to compensate artists. However, it is important to understand the fundamental difference between AMP3.com's & ListenSmart.com's artists payment system.

AMP3.com pays a fixed royalty of $.05 per download. Advertisers, for whom AMP3.com will prepend a ten second jingle to the beginning of your MP3 file, create this revenue stream. There is no way to opt-out of this arrangement with AMP3.com.

Both ListenSmart.com and AMP3.com use non-exclusive agreements. Therefore, ListenSmart.com's "revenue-sharing" artists will be offered the service of having their content and information posted on AMP3.com for them. Thus, they will potentially establish multiple revenue streams from their music.

Q: How is ListenSmart.com different than IUMA.com?

A: IUMA.com is not a music publisher, thus, they do not have a business interest in maximizing the royalty-earning potential of your music. IUMA.com currently does have a system in place to compensate artists. However, it is important to understand the fundamental difference between IUMA.com's & ListenSmart.com's artists payment system.

IUMA.com pays artists 25% of all advertising revenue generated by ad banners appearing on the artist's page, only. ListenSmart.com pays distributes 50% of ALL advertising revenue generated by the ENTIRE site. The artist distribution breakdown is commensurate with the download popularity of "revenue sharing" songs.

For artists who already have produced a commercial CD, IUMA.com also offers "consignment" CD sales and splits the profits (the CD price less a shipping and handling charge) from the sales of the CD 50/50 with the artist. Thus, a $12 will net the artists less than $6. ListenSmart.com also offers "consignment" CD sales through our e-commerce infrastructure, and retains only a meager 10% service charge of whatever price is set by the artists. Thus, the same $12 CD will net the artist $10.80.

Both ListenSmart.com and IUMA.com use non-exclusive agreements. Therefore, ListenSmart.com's "revenue-sharing" artists will be offered the service of having their content and information posted on IUMA.com for them. Thus, they will potentially establish multiple revenue streams from their music.

Q: How is ListenSmart.com different than Riffage.com?

A: Riffage.com is not a music publisher, thus, they do not have a business interest in maximizing the royalty-earning potential of your music. Riffage.com currently does have a system in place to compensate artists. However, it is important to understand the fundamental difference between Riffage.com's & ListenSmart.com's artists payment system.

Riffage.com does not share any advertising revenue with its content-providing/traffic-driving artists. Conversely, ListenSmart.com pays distributes 50% of ALL advertising revenue generated by the ENTIRE site. The artist distribution breakdown is commensurate with the download popularity of "revenue sharing" songs.

For artists who already have produced a commercial CD, Riffage.com also offers "consignment" CD & artists merchandise sales and for which they charge a 15% service fee. Thus, a $15 sale will net the artists $12.75. ListenSmart.com also offers "consignment" CD and merchandise sales through our e-commerce infrastructure, and retains only a meager 15% service charge of whatever price is set by the artists. Thus, the same $15 sale will net the artist $13.50.

Both ListenSmart.com and Riffage.com use non-exclusive agreements. Therefore, ListenSmart.com's "revenue-sharing" artists will be offered the service of having their content and information posted on Riffage.com for them. Thus, they will potentially establish multiple revenue streams from their music.

Q: How is ListenSmart.com different than other MP3/Independent Music sites?

A: Currently, no other MP3/independent music site a music publisher, thus, they do not have a business interest in maximizing the royalty-earning potential of your music. For a site or a company to have a genuine interest in promoting your music, they will need to have a financial motivation for providing the services. For ListenSmart.com, that motivation comes from the royalty-earning potential from its "revenue sharing" artists.

Also, we believe that ListenSmart.com has implemented the most sophisticated technologies ever assembled to allow visitors to the site to find music they are likely to enjoy quickly and easily. This will allow artists to form relationships with as many new listeners as possible. We hope to maximize profitability of the relationships artists form with their new fans by paying for each and every download, through CD sales, and through future royalties.

Finally, unlike most sites, ListenSmart.com offers artists the chance to have their music included on custom compilation CDs created by listeners. Each custom CD will cost $8.99. Thus, each artist will be paid their appropriate share of the $4.50 royalty based on the total number of songs included.

Q: Why do you not "feature" or "spotlight" bands and artists?

A: Although we clearly have our own personal favorites, ListenSmart.com has chosen not to "feature" nor "spotlight" any single band or artists. Other MP3/independent music sites often arbitrarily offer "features" or "spotlights" of bands or artists on the home page or in a prominent location based on the tastes of the site administrators. We believe that the personal tastes and subjectivity inherent in this practice makes it outdated and misguided. For example, the San Diego Reader recently alleged that an MP3.com employee repeatedly helped her boyfriend's band obtain the desirable "song of the week" spotlights. ListenSmart.com will take a different approach by trying leverage the collective opinions of an entire community to determine prominence. Moreover, another concern regarding the issue of subjectivity deals with the potential contamination of our "market testing data." One of the appeals, we believe, for the music industry professionals that will visit SmartAandR.com and SyncSmart.com, will be their ability to evaluate an artist's or a song's unencumbered market appeal. If ListenSmart.com allowed for its own subjectivity to affect the results, their perspective can shift to… "yeah, they're popular because ListenSmart.com's staff picked them as the "Artist of the Week" three times!" Using our non-subjective approach, they should feel entirely confident that the song's or artist's appeal within ListenSmart.com will become a microcosm of their appeal in a larger (read: offline) market.

Q: Aren't "features" important for users of the site to find new music?

A: There are plenty of places on the site for artists & members to post "favorites." Many of these individuals will become respected ListenSmart.com "music scouts" and new visitors can and will play off of these "scout's" subjective tastes and opinions. The key for us is that the "subjectivity" inherent in features cannot be company sponsored, if for no other reason, because there's money involved and quite frankly it would not be fair.

Q: Why are there different popularity chart "categories?"

A: Unlike most MP3/Independent music sites, ListenSmart.com has implemented a method of displaying popularity without any chart "weighting" or "secret algorithms" of any kind. Rather, we have broken all of the individual elements of data that we track into separate charts. Thus, we have created a completely non-subjective method to display popularity.

Song Popularity Chart categories include:

• Top Downloads
• Most CD Sales (from compilation CD sales)
• Most Reviewed
• Chosen Most for "Favorites"
• Highest Rated by Members
• Highest Rated by Artists

Artist Popularity Charts include:

• Top Downloads
• Most CD Sales (the total of all forms of CD sales)
• Most Home Page Visits
• Chosen Most for "Favorites"

Q: How are the popularity charts "weighted?"

A: There is absolutely no "weighting" in the ListenSmart.com charts. We have banished the word from our vocabulary! The charts will only reflect pure data from the database, which is why the charts have been broken down into multiple categories. Users of the site will be able to see charts displaying top downloads, top CD sales, and everything else, but all of which are completely unweighted. We have also implemented several sophisticated security measures to prevent potential abuses.

Q: Will ListenSmart.com accept "cover" songs?

A: No. ListenSmart.com will only accept original works or works in the public domain. Furthermore, only original songs where the artist owns and controls the copyrights are eligible for "revenue sharing" status.

Q: Will you accept MP3 file uploads that use encoded bitrates greater than 128Kbs?

A: Well, yes and no. Not for download purposes, at least not yet. We would like for connection speeds to increase, and also for the first generation MP3 players - the ones that did not support the different bit rates - vanish a bit further into obscurity before we diverge from the accepted standard of 128Kbs. However, artists will be able to upload the higher bitrate files to a special section of the server for the purposes of burning CDs from. Morever, artists with current CDs will be able to mail them to ListenSmart.com so that we me burn their new CDs directly from red-book digital audio.

Q: Where is ListenSmart.com located?

A: Our corporate headquarters is in Columbia, MD, approximately half way between Washington D.C. and Baltimore, MD. However, our network of contacts extends into the music industry capitols including New York, Los Angeles, and Nashville.

Tax and Payment

Tax and Payment FAQ