Hurricane Tips For Performaers

Hurricane Tips for Performers:

Whether it is a hurricane or other natural disaster, there are things a performer can do ahead of time to make the recovery a little less rough. No one but the electric company can restore your power though. 

1. Pack a show bag with everything you need to ensure the show goes on even if your home or rehearsal space is destroyed or damaged. (Mic and cable, make up, costumes etc.)

2. Get insurance. Renters and Home Owners Insurance will often cover items damaged in a car or other location. Don't let a career die because all the equipment got flooded.  

3. Keep paperwork or ID cards for all union and performing rights organizations you belong to with other important documents and take them with you. 

4. Bands- Storm proof your rehearsal space. It contains your entire career. Keep your instruments with you if you can. Be sure everything is insured either directly or under home owners/renter's insurance. 

5. Have your attorney review contracts for any upcoming performances to understand your options should you have to cancel or postpone.

*Thanks to 20 Penny Circus for  these ideas. They might be clowns but they are consummate professionals. 

MAKING THE CASE FOR BAND AGREMENTS

WHERE IS YOUR HIGHSCHOOL BFF?
MAKING THE CASE FOR BAND AGREEMENTS

Your former BFF is the person you swore to be BFFs with forever. That’s a lot of forevers. But now, I’m guessing, at most they are just one of many entries in that ever growing social media news feed that you scroll through each day looking for the latest buzzfeed quiz. Things change. People grow apart. If your best friends from your school days are not your best friends now, my case for having a band agreement is made. But if some doubt remains…

A group approached me about copyrighting their latest works. They’re full time musicians, touring a solid 8 months a year and they have no band agreement. “Nah, we don’t need one. We’re tight. We’re all friends.” I cannot say this enough – A BAND IS A BUSINESS. And every business needs an operating agreement. If the band were a bakery and even if the owner hired a good friend, no one would expect the baker to buy the flour and sugar without expecting something in return. No one would expect the person at the register to work for no money…unless they agreed to. (cause that’s how much they love cupcakes?)

As an attorney in the entertainment field, it’s my job to imagine how things can go wrong and then try to help artists, actors, and athletes avoid the worst case scenarios of my imagination.  I’ve seen disgruntled keyboardists hold merchandise hostage; lead singers on the way out demand that all the cash they put into the band over the years, be paid back with interest; and a drummer who called every sales outlet to try and stop all sales of music on which he played. 

These scenarios suck for sure but they’re more common than a band who remains best buddies for decade. The, “it can’t happen to us” mentality does nothing to avoid the inevitable drama. Too often that drama unfolds in front of the fans online in the comment sections – a public record of your inability to manage your business. But there is hope. 

A. Be a Business: With 1-2 owners, an LLC should do the trick. Not every member needs to be an owner. If you have multiple owners, then an S-Corp or C-Corp might be the better way. **** Speak with a tax professional before making these decisions as each entity type has its own tax implications.

B.   Get an Operating Agreement: When registering the business/band with your state’s department of corporations you often fill out a very basic operating agreement. It addresses none of the issues that emerging artists often face.

Band agreements help friends remain friends. You might have the closest family in the world but the second Aunt Rochelle kicks the bucket see how tight and friendly they remain. There will be fights over used coffee mugs and that rusty el camino in the barn. That’s why Aunt Rochelle has a will. Death may be more likely than a band lineup change but not by much. Name your top 5 favorite bands you had in middle school that got popular at that time. Are they still around?

It’s not planning to fail. Its planning for success. So when those Rock Ross dollars start rolling, every member knows what’s going to happen and how much of that they will see and when. And should the “unthinkable” happen, it will hut less.

C.   DDIY: Don’t do it yourself when it comes to drafting contacts like a business operating agreement.  A good attorney is more than a typist. They will sit wth each member to make sure all their needs are met in the creation of this agreement. Some people are not business minded. A good entertainment attorney will be able to translate artist to business and business to artist. Plus we’ve seen it all. Is gas money for the van a loan to the band? Who has access to bank accounts? Does gig money get divided each night or does it go to another purpose? Sometimes you need an outside professional to help bring up and help answer these questions. You can’t DIY all the time.

D.   Lawyers Are the Bad Guys: Let a lawyer or manager bring these issues up. Let the outside help be the bad guy. We get pad for the privilege. Just don’t let the business go bust because you were afraid to tell your BFF bandmate that the money he shelled out for studio time was a donation or that you expect to use all the art you create for your solo project as well.

Band agreements are as unique as the project themselves. Each time I create a band agreement, it is specifically tailored to fit the needs of that group. It’s really a document that can’t easily be yanked from the internet and still cover what the band needs. 

Yes, a lawyer costs money, but it’s well spent to know that the passion you have for your project will be protected. And should that project not last or bandmates rotate out, like Aunty Rochelle, everyone will know who’s paying for the funeral.

SUMMER BEGINS NOW

The groundhog saw his shadow.  Winter is everywhere (but here in FL). Touring is limited to southern regions but even that is rough this year. So it’s time to think about putting out a summer single and video. Yes, I’ll say it. Even though most fans don’t remember when MTV played videos, a music video is still great marketing.

Do something every 3 months to keep your fans interested. A new song, new merch design, enter a pie eating contest as a band… something, anything to keep that momentum rolling. And to do it right, it takes planning. Start now. 

To illustrate a summer single and video done right, I point again to Billboard’s New Artist Top 100 musician, John Taglieri. Success doesn’t happen overnight. Videos don’t go viral and then someone shows up and gives you a bag of cash and a back rub. Plan.Practice. And have Patience. John Taglieri released his single, “Southern Paradise” summer of 2013. It is the title track from his 11^th  career release. He made the Billboard charts with that song, half a year later. With any luck he’ll be climbing the charts with that song into summer 2014.  It’s not advice from an industry insider, its advice that has worked for others and if you work at it, it will work for your project.

1.    INVOLVE EVERYONE YOU KNOW: A music video from an emerging act should not be a super-secret vanity project with a closed set and your roommate/manager wearing an ‘all access’ laminate. Be inclusive. John Taglieri said, “I was able to include 50 plus friends and fans on camera. That’s 50 people who are gonna share that video simply to show others they were in it.”  Why work harder when you can let those in the video do it for you? Hold auditions, make it a contest, and be sure to include your lawyer as an actor. Some give discounted rates for related contracts if you include them….so I’ve heard.

2.    MAKE IT FUN: We’re talking summer single here! No matter what genre you’re into, pick a single that’s playable in a variety of settings. Driving, at parties, on a beach or lake house, around a fire, in a bar… think of the setting in which fans will listen to your music. The “Southern Paradise” video has everything… a beach, babes in bikinis, shirtless bald men, miniature people, a guy in a bunny suit, an undertaker, and concert footage of venues packed with screaming fans. And a really catchy hook.  Make the process fun and everyone will want to be a part of it and will talk about it and share the heck out it without seeming like they are trying to sell anyone on a new artists.

3.    YOU DON’T HAVE TO BE THE GUY…OR GIRL:  Yes, they will share the video because they’re in it. The band and song is secondary. Get over it. The spotlight is on performers A LOT. There’s no need for the ego to be fed all the time. There are performers, songwriters, and musicians, and rarely are they all the same person. The sooner you recognize that fact, the better. Then take what you do best and do it. Then while you practice on the rest, ask for help from those who do what they do best. It’s ok to sing a song you didn’t write. It’s ok to write a song you won’t sing first. It’s about the music…not about the ego. And for all that is holy, GET A LAWYER!!! An attorney will draft work for hire and copyright splits to keep everything above board and minimize the troubles later. “Good things come where you learn to put your ego aside.”

4.    PLAN AHEAD: It’s called the music business because its business. And business costs money to make money. You can work smarter but it still has a price tag. Bartering is still a viable option – maybe that day job will finally pay off! Just offer more than a t-shirt and a free CD. If a few thousand dollars on a video is too much for you, stick to opening on a Wednesday night for other local acts who are actually going somewhere. Set monetary goals (this should be done quarterly but I’m realistic). Every member of the project should be responsible for putting their share into the band fund. Play solo gigs. Many artists have careers in cash based businesses like graphic and web design; allot a certain percentage of that work to put towards the band goal. Put a little sweat equity into the project. When others see how dedicated you are, they will be more likely to donate to that kickstarter campaign you’ll start. 

And by time summer rolls around and that video starts to take off, it’s time to plan for that Christmas album!

"TOUR TALES” OR WHAT NOT TO LEAVE BEHIND

“Wait! We gotta go back! I forgot my wooby!,” said no serious touring musician EVER. OK, that’s not completely true but it should be. Just getting to tour takes a lot of grunt work (see previous entries).  In order to have a successful tour the band needs to run like a machine and that means a tour manager. This position can be separate and distinct from the band or a job assigned to one particular band member. Either way, there’s a ton to think about. So I talked with some of my touring musician friends and let them do the thinking for me:

HAVE A PLAN

With well over 100 out of town shows a year, touring musician, John Taglieri (left) has things down to a sweet science. Touring is not a fun road trip with your buddies. It’s a business trip, only you’re not accountable to some home office, you have to live up to the standards you set. “Have a plan,” says Taglieri. “Cover the basics, food, sleep, set up, play.”

Plan when to stop for gas – so the van doesn’t make that decision for you. Plan where to sleep and what to eat.  The less surprises the better. “Make a driving schedule and make sure everyone sees it. That way you know when you can sleep it off and when you need to be alert.” Have the name, address, and contact information for the venues, hotels, promoters, etc. Have their websites and calendars bookmarked. And most importantly – know when load in and sound check are. “Load in can be your first impression on a venue. Don’t screw yourself by being late or disorganized.”

Aside from getting the gigs and having a plan to conquer the world if not a simple invasion of a handful of cities along the nearest major highway, there are some personal items a touring entertainer should not be without. Matt Santoro of Super Bob says, “I don’t go anywhere without a weapon or three.” With security taken care of, here are 5 things other touring entertainers found invaluable while on tour.

1.    GET THERE (GPS): There are many GPS programs and apps. Some will get you there. Some will get you lost. Everyone thinks theirs is better than yours. Designate one everyone agrees to follow. It will avoid confusion and infighting. My own GPS is a British dominatrix I call Mistress. She says “When possible, make a U turn.” and I comply.

2.    KEEP GOING (Have a really good car kit): Don’t wait around for someone to give you a jump. Mentalist Jonny Zavont suggests, “Get something to jump yourself (gigity). Make sure it has enough power to jump a huge truck and you’ll always be good.” Be sure the things in the kit are working and accessible. Indie musician Oren Barak (right) made sure his touring van, named Tiny Elvis, had a spare tire and a jack. Unfortunately, both were held securely under the Ford E150, needing a special hex key to free them up. A key they had lost. “So there we were with a flat, a spare, a jack, and still waiting for roadside assistance.” Oh yeah, Get roadside assistance.

3.    GO FORTH AND MULTIPLY (outlet/USB splitters): “Having outlet splitters helps anywhere that outlets are prime currency,” says Jonny Zavont, “It’s also a great way to make new friends (and fans).” Oren Barak says, “Have splitters for both regular outlets and car outlets. That way everyone can charge their stuff and no one complains.”  Having outlet splitters means each band member won’t get a dozen calls from the drummer’s girlfriend because she can’t reach him because he ran his battery down collecting all Boba Fett jet packs in Angry Birds Star Wars.

When will car outlets just be USB ports? Or actual outlets for that matter?! Not even smokers use that outlet for cigarette lighter!

4.    SELF CATER (Hot Plate): Food can be the last thing on a budget but when

blood sugar drops, tempers go up, bands fight, they have a bad show, get a poor reputation, never get booked there again, have to take a job as back up guitar player for the Wiggles, get fired on the road for still being grumpy, and have to hitchhike back home, doing unspeakable things to truckers to pay their way. This common scenario can be avoided by eating sensibly every day.

Matt Santoro (left) appears mostly shirtless for every show and his female fans thank him.  But he can’t put on that show and not think about what he eats. “[Super Bob] grocery shops every day.” They stay in hotels so he’s able to cook for himself. John Taglieri says, “Avoid fast food. You feel like shit and if your job is to look good onstage, a double cheeseburger will do nothing but give you a double chin.” Oren Barak suggests having a few boxes of snack bars. “Hungry? Stuff a snack bar in their mouth and keep driving. Tiny Elvis stopped for no one but himself!”

5.    PUT THE LID ON (bring a hat): Even when living in the touring vehicle, a touring entertainer often wakes up in unfamiliar surroundings.  It’s easy to leave behind personal items, or waste travel time hunting for a St. Anthony necklace. While on a show choir tour in Europe, I once left behind a family item whose value would be apparent only to me. I didn’t realize it was missing until it was too late to go back. It was likely thrown out and I didn’t speak enough French to call and ask for their lost and found. I might still have it if I had a hat. Mentalist Jonny Zavont is never without a hat. “Put all your keys, sunglasses, phone, etc. inside it. That way you have it all in one place when you’re ready to get back on the road. You don’t have to hunt it all down. Just grab the hat and go.”

It’s not an exhaustive list. Its contents are not amaze-balls. But these items have been invaluable to the touring entertainers who’ve been there and back again. Help grow this list and share what you find to be invaluable while on the road at Q@QEntertainmentLaw.com.

How to Be Your Own Agent and Other Tough Love Advice for the Motivationally Challenged Musician.

We’ve read the stories. We’ve dreamed the dreams. And we’ve wondered, ‘how do I get to play stadiums filled with breasts that let me drink Jagermeister off of them?’ Sure, we all know it takes hard work and luck to achieve the musical unicorn that is a career of rocking stadiums well into your seventies. But we seem to retain little when it comes to understanding the excruciating hard work it takes just to be able to play in front of an audience.

We again talked to singer/songwriter John Taglieri (J.T.) to get his take on getting out there and gigging. He’s always playing somewhere – from Boston to Key West. He always has a new CD to talk about. And for some reason he is always willing to share what he’s learned with his fellow musicians (see exception below).

When we last talked to J.T. he told us to put our egos aside and do the work that needs to be done. Now he shares some tips on just how he’s been able to make a living as a performing artist.  

Lazy Musicians Have No Gigs. 

Once the music is written and a repertoire developed, it’s time to get gigging. Getting gigs if often easier said than done.  It’s also a topic much discussed here – Because gigging and getting gigs is a musician’s life blood. 

John Taglieri tells fellow musicians, “Get on the phone.” Agents work on commission. Unless you’re making them a few grand a month, your band is just not worth their effort. Agents want their commission. They don’t necessarily have a musician’s career in mind.  There may be many non paying or low paying gigs passed over simply because there is no money in it for the agent. So you’d need a manager to fill in those gaps, and now the musician is paying 2 people for the same job!  At the level of a newly emerging artist, “there’s nothing an agent can do for you that you can’t do for yourself.” 

            J.T.’s steps to getting in front of an Audience.

1. Find similar artists in locations you want to play. Reverb Nation is great for this. Note the places those bands play.

2. Fan and befriend that band. Never waste a chance to build relationships.

3. Research the venues. Go to their websites. Like them on facebook. Note in that gig binder what each venue’s policy is on soliciting bookings.

4. Follow those policies to the letter.

5. Repeat. 

“Stop bitching and do it. Yes. It’s a lot of work. But it’s not brain surgery. Just stop whining about how hard it is and do it.” John always has a way of putting things so others can understand him. But don’t mistake this New Jersey native’s frankness. Like most musicians, J.T. is almost always willing to help others…as long as they help themselves.  “If I see someone with no gigs listed and they’re asking me to help them, I think – They don’t deserve a gig.” 

Go online, pick up a phone, and do that dirty work. Remember #2 above? When you help yourself and others see it, they’ll want to help you even more. Those other bands might help promote you to their fans, or at the very least, guarantee they’ll come out themselves. 

Great Gigs Aren’t Always That Great.

If an emerging artists is playing any large stage, be it stadium or festival, chances are it was a buy on. That brings with it the pressure to gain enough fans and sell enough merchandise to cover that ‘promo fee.’ Such gigs can also mean the artist is under greater professional scrutiny.  These are the gigs that make artists either put up or shut up. Stumble on local stages. Your friends will understand. Fail on a big stage and the artist might never get a chance to set foot on such a stage again. The stress level for emerging artists at those shows is often through the sagging roof of their tour van. 

When it comes to playing shows, say yes. “There is no gig I won’t say yes to.” Free Shows? Yes. Charity events? Yes. Back yard cookouts? Yes. Quinceaneras? Who cares if anyone can pronounce it, Yes. Yes to all of them. J.T. would rather play a sweet sixteen party to 20 sixteen year old girls. “Those are the fans who like to spend money. There’s no choice between playing for large groups of drunk 40 year olds in a bar or playing for a small group of people in a private home who are really excited to hear me.”

People like to share, whether it’s a news story, pictures of their lunch, or their latest musical obsession. Create chances to be their obsession by saying yes. J.T. has learned not to turn down those nontraditional shows because in the midst of sharing their latest likes, they’ll tell all their friends about the funk y bald guy who jammed the face off their living room.

There would be more tips but John had to get to a gig. 

[Watch this spot got a continuing talk with John Taglieri and his tips for making the most out of being on the road.]