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.

"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.

A Little Local Recognition

Featured on an Entertainment Business Blog and re-posted on OrlandoBands.com:

Click above to read an interview with Central Florida's most dynamic Entertainment Attorney.

I Get Back to Basics in the Music Business.

I had the pleasure of being the featured guest on 'Inside the Music' radio program on Aii Radio. Pass some time and get 'Back to Basics' in the music business. We talk better business practices, the down side of streaming services, and more. Discover why I am more than your average attorney - I am also an educator - seeking to teach, to protect, and hopefully, to inspire those around me to follow their own dreams.

Listen by clicking below or HERE.

http://www.livestream.com/aiiradionet/video?clipId=pla_2cfe78fc-ac39-4fad-a1dc-b891d0b822b2&utm_source=lslibrary&utm_medium=ui-thumb

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