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.

A Musician’s Guide to Retirement: From Their Day Jobs

The secret to a successful music career is free, easily available, and most artists want nothing to do with it. That statement is surmised from many industry professionals sharing that the questions they get asked the most are music business basics. Without getting the basics, the dream of making a living doing playing music will remain a dream.

The best illustration of someone who learned the basics and continuously worked the steps like he was earning chips is singer/songwriter John Taglieri (J.T).  The current tally is 10 CDs selling over 20,000 copies and he hasn’t seen a day job since March 10, 2005. This New Jersey native resides just outside of Boston but spends every other month performing in Key West, FL.  When he’s home he either gigs locally and/or puts on his producer hat for clients he books in his studio. In this series of articles, I try to tap into his firsthand experiences in hopes of finally cracking the hard nut that is the human ego and to get more artists fruitfully working toward their own “retirement” from their day jobs. 

Put the Ego Back in the Box

At some point, every musician wonders why they’re not successful yet.  The answer is simple. “The simple things are the hardest…and I finally figured out what the problem was – me and my ego” said John Taglieri (Wiki).  Ego fuels the entertainment business but it is best served on stage. Off stage, artists need to make good business decisions. They can’t make good business decisions when their egos make all their choices.  “You just set yourself up for failure.”

John Taglieri’s shows make every bar and backyard he plays, a party. It’s a mix of known favorites and original music.  But he was once scoffed at by other bands for being ‘a cover guy.’ “I bought a ticket played The Rock Boat for 8 or 9 years just jamming everywhere i could and meeting people.” Many artists have a chance to get booked on land gigs after performing on the Rock Boat. “But a lot of guys didn’t take them because covers were beneath them. I always say yes.  And the way I can do that is to put my ego away.” Now those bands who passed on the gigs he took are asking him for advice on gigging so much. “There was just a lot of work between then and now that their ego just didn’t want to do.”

J.T is the first person to say that he’s not the world’s greatest musician. But he is very successful and very good at what he does. “I do what I need to do.  If anyone does what they need to do, eventually they can get what they want.” Don’t wait for the easy path to come down from the sky, light up with a giant arrow pointing the way to a new tour bus driven by Clive Davis. That doesn’t even happen in Spinal tap. 

Wanna Retire? Work For It.

Put the work in where the want is. If the majority of thought and effort goes into getting a good annual 360 review for that coveted 2% raise, then it’s not going towards playing music. Ozzy Osbourne used to pack his gear and wait outside clubs in case a band canceled and his band could play. Harrison Ford was a carpenter on a movie set before he was Han Solo. Follow their lead and get involved in the business. 

Although he wanted to be a touring musician, he left a full time day job to work 3 days a week touring with a sound company.  It wasn’t exactly what he wanted but it was in the business and gave him a chance to use all that schooling in audio engineering.  But that left 4 days a week he could use to work on his music while keeping a hand in the business and making connections the other 3 days. The better he got getting music gigs, the less he needed his sound gig. “So I got my boss to fire me. I never looked back.”

It should be noted that J.T is a solo artist and plays with a band for select gigs. Is it easier to set off on a musical adventure for a solo musician than a group act? “Nope. A group means more people are working towards the goal.” Everyone in the band should have a job. A real job. A band related job. Assign jobs to each band member: booking, promotion, finance, etc. No one is above the grunt work. 

“The practices I use are Business 101.” While playing music to crowds is addictive and the party life is really the fun it’s made out to be, those are for the ego. Success in the music business is the science (yes – science!) of selling. Sell your product. “And find a way to outsell everyone else.” Don’t worry about fame or being a big rock ‘n roll star, that’s just ego. Leave the id on stage. 

When ego is finally put aside, you can finally do the work you need to do to get where you want to go. Then artists can finally retire to their own little paradise. 

[Watch this spot for a continuing talk with John Taglieri and his Tips for touring and why Sweet 16 parties rock more than bars with Goldschlager ice slide.]

Super Sidekick Words From Q

It's Comic Books and Rock 'n Roll! I was asked to answer a few questions for Super Sidekick Records, Management, and Production this week so thought I'd share.

• Do you need a band agreement?
• When does a band become a business?
• When is the right time to hire an attorney?

CLICK HERE TO READ

GET THAT GIG…GET IT!

GET THAT GIG…GET IT!

Old News But Bad News: The dream of getting a major record deal, complete with a million dollars and free drugs, is a thing of the past for all but a handful of artists. 

The Good News: With that dream crushed, playing live can be the single most important thing a band can do. It builds a fan base in a way that Facebook cannot.  Think your band is hot shit for having 10,000 ‘Likes’ online? Then why are there only 15 people who gave your band name at the door? Playing live can get media attention. Playing live can give a band the momentum and numbers to get sponsorships, endorsements, and other business opportunities. 

So… live gigs are important. And that means it’s worth doing it right. J-Rock Staffieri (Events Coordinator & Production Manager for St. Pete, FL’s State Theatre and The Local 662) and Brandon Delph (Owner/Sound Engineer for BS Productions) outline the right way to get a gig:

    

     1. Have a Decent Demo: Home technology has come a long way so there is absolutely no excuse not to have a listenable CD. Then respect the time and effort that’s put into making that demo.  You wrote the songs and learned how to and recorded the songs, which is no small feat. So put a proper label on it, with the song names and your contact info printed on it. Why put in all the work and then scribble sharpie all over the Memorex CD you got on sale at Radio Shack?

2     2. Get a Calendar:  Know the schedules and availability of the entire band.  Ask for a specific date. Make it as easy for the booker to work with you as possible. Simply asking to play anytime means the booker has to do the work to fit you in instead of a quick no or yes. And if you take any date without knowing when you can play you run the risk of your bassist not being able to take off work. Asking for a specific date means you’re in control of your band schedule and that’s a good thing.

3      3. Pick a Venue: Find a venue that fits your style of music.  Just because it’s the hottest venue in town doesn’t mean your band will go over well.  Think out of the box. What kind of places do people who might like your type of music go to have fun? Become a regular there. Show them you support the venue and its efforts. Get to know the staff and if possible the owners. While digital is becoming the norm, “If you can bring a physical press kit with you when you meet the booking agent or owner and your band is ready to play that venue, 99% of the time, you’ll get a gig,” said J-Rock.

        4. Make Friends with the Right People: Go online, call or ask directly but get to know the person who can make it happen. Be it internal booking agent or outside promoter, pitch to the person who can make it happen. J- Rock said, “Be professional. Saying, ‘Hey, we’re a band and we wanna play’ won’t work. Include your bio and website. Especially for a national venue like the State Theatre.” Brandon Delph added, “Coming in the introduce yourself is the right thing to do but also be realistic for in the type of music you play and sound like, and what your draw actually might be.  If you’re new and don’t have a draw yet, just be honest. We’ll give you a chance.”

        

     5. Promote Your Show: It’s wise to clearly define who is responsible to promote the show.  Is it up to each band? Is one band coordinating the promotion? Does the venue have their own promoter? Who is responsible for labor and costs? Answer these questions up front and live a happier life. Both J-Rock and Brandon noted local bands who are shining examples of doing it right:

·         A Brilliant Lie does a great job in communicating with the venue and passing out flyers.

·         Sunshine & Bullets has done it by the book and they have a huge fan base now.

·         Team Cybergeist approaches it like a job, and they’re successful.

6     6. Confirm the Details: There is no need for a formal contract signing for every show but there should be at least an email confirming the important details. It should be clearly understood, how much is being paid, when to expect payment, when the venue wants load in and sound check, and performance time.

Once you’ve played, “If you want to come back, respect the venue – their policies and their employees,” notes J-Rock. The venue is their home and the employees are its family. Treat it like you’re playing in someone’s home – a very cool, smoky, home that charges for drinks. 

Play by these rules and getting a gig is the easy part. Being the rock stars you really want to be…now that takes work.

THE BUSINESS ETIQUETTE OF THE ENTERTAINMENT BUSINESS

There’s a time and a place to let that freak flag fly and if that place is not onstage or in front of a camera, it’s not the right place. All societies and groups have unwritten rules for properly interacting with each other and the entertainment business is no exception.  The environment may look different (less kakis and polos, more black t-shirts and tattoos) but there is still a business etiquette to follow. Business is about building relationships and there are guidelines to work within each relationship in order to make it successful. 

I spoke with Thomas “T” Jenkins III, CEO of Conscious Mind Records to get his thoughts on the best way to handle your (entertainment) business. 

SAYS WHO?!

The 1^st step in building relationships is to know who to talk to. If you don’t know then ask. Don’t spend all your energy sending press kits to a bar owner for a gig if they outsource to a booking agent. Otherwise you waste your time and theirs.  And make sure to tell them what you can do for them instead of just asking for something. T of Conscious Mind Records said, “I run a business…I have to have a product I can sell.  

Make sure all band members know who is allowed to speak on the band’s behalf.  An Orlando band booked a rare acoustic gig but because the bassist didn’t have an acoustic, he couldn’t play. So he emailed and canceled the gig without the rest of the band knowing. The venue was getting a cancelation email and an email confirming details from different band members. No one will work with a group that brings that kind of confusion and drama. 

When trying to make contacts, How you approach can be as important as Who you approach. T said, “I prefer people get at me through someone that personally knows me. If they can’t do that, then they need to have a package ready.  When they approach me cold, they need to have their music and themselves at the top of their game – READY.  If I ask you to sing right there, be ready. You only get one shot.”

FOLLOW UP

There is a fine line between following up and outright stalking. Have patience. “Wait 2 weeks before calling or sending another email. If nothing, then wait a week and send another.  If there’s no response after that – that’s your response. I may want to listen to the music but it can sit in the car for a while, so follow up is good.  Just space it out.”  

To avoid confusion and set expectations, indicate in your conversation or email, how and when you will follow up. It’s always nice to ask if they have a communication preference. If you ask for or give a time line of communication there is less of a chance it will be seen as unwanted or annoying. 

RSVP

Respond to all requests. Even if that response is, “I can’t address this right now. Please give me a few weeks.” People feel slighted when they are not acknowledged. Even if your response denies what they ask for, that you responded at all can earn their respect. 

WHO ARE YOU ANYWAY?

Even if you’re selling out hometown clubs and have 5 thousand LIKES on Facebook, no one knows who you are. It’s ok if someone doesn’t know your name. It’s not personal. In the beginning of conversations say a quick reminder of who you are and what you do. i.e. ‘Sue, booking manager for…’ If you are communicating thru emails, keep it semi formal. If you get to casual too quick and assume they know who ‘Sue’ is without any other indication, your email could end up in the trash bin. Don’t make them re read your previous emails. 

When you tell them your function don’t assume they’ll know what you want from them. If you want something, ask for it specifically. Saying, ‘We should work together!’ is a good start but should not be the sum total of your pitch. Being specific increases the chances of getting what you want. “Offer to do something. Impress me. Don’t just ask for a hand out. I get a lot of people who just want record deals. They’re still in that mindset.” 

KEEP YOUR COMMITMENTS

Shocker: Artistic folks sometimes run late. That doesn’t make it ok. Big stars can be on their own time but unless you’re that star, it’s not your time to waste. At risk of sounding school marmish, punctuality is a mark of professionalism in any business. It speaks directly to the issue of integrity to honor your commitments. Yes, it is possible to have integrity and swallow a roadside turtle on stage. (I wish I could unsee that…)

A No Show can kill a career faster than winning American Idol.  (See Ruben Studdard) A good excuse may make it excusable, but not acceptable. Find a way to do what you say.

If you do get some face time, treat it like relationship building it is. If you ask, you pay. (hear that ladies?)  If it’s coffee don’t take up an hour of their time. In any case, the meeting should be focused on the conversation, not the location.  “The Trick is to not be so flashy,” said T.  “It has to be real.  When money comes into the equation it can separate the artists/product from the artist as a person.”

LOOSE LIPS ARE ONLY GOOD ON GROUPIES

In contrast to traditional business fields, in the entertainment business, there is an increased likelihood of openly seeing alcohol and drug abuse, and infidelity.  T thinks, “To each his own. If it’s hurting me or my business, so be it. We’re all adults and are accountable for our own actions.”  Got dirt? Heard a rumor? Keep it to yourself. No one will work for you if they think you’ll talk out of school. Even if its them that are engaging in poor/illegal behavior, it’s you who will be seen as untrustworthy. “That behavior is taking a chance. It can put their reputation and career in jeopardy. We try to keep Conscious Mind’s artists out of all that.”

HATERS GONNA HATE

Not everyone will like what you do and that’s ok. (Say it with me now!)  It’s not like your last romantic break up. You don’t have to bang your head and wonder why.  Like romantic relationships, focus your energy on those who like you. Don’t hate the haters. Just move on. 

FREE COSTS MONEY

Someone pays for all that SWAG.  Ask sparingly and politely. I once overheard a radio DJ demand a free CD at a merch table cause he, ‘didn’t pay for music.’  He got one but the band called him a dick when they heard about it from their merch girl.  A better way would have been to ask and find out who the person who can authorize that is. 

How you ask is important but so is location. “If we’re at place, displaying our stuff, go ‘head and ask. The worst you can hear is no. If you see me walking down the street, it’s probably not the best time.  Consumers always reach for something free. I do give-a-ways as advertising. There’s a value I get back.” 

SAY THANK YOU

Thank You.