BEFORE YOU CONSIDER THAT RECORD DEAL:
Take This Trip:-
ROSTER
Make sure the label’s roster isn’t too big, or else you won’t be given the attention you deserve. Also, make sure the bands on the roster match the type of music you play.
PUBLISHING
If the label has an affiliated Music Publishing division, and wants part of your publishing, don’t be surprised, but be sure your attorney protects as much of your publishing royalties as possible. Never allow a label to recoup any monies advanced to you for the recording of your record from your mechanical royalties. (This is the money owed to the songwriter and music publisher of the songs you wrote on your record, for the sales of your record.)
MERCHANDISE
Merchandise deals are deals made by your attorney outside of your recording contract, for your likeness to appear on t-shirts and other clothing and objects. If the label wants a percentage of the income from such a deal, you may have to negotiate how much they get.
OPTIONS
Find out how many options the label wants. Since “options = number of records,” you don’t want to agree on too many options.
INDIE PROMOTERS and/or IN-HOUSE STAFF
Find out if the label works with independent radio and/or retail promoters. It’s a good sign when they do; this raises the chances that your record will be seriously and effectively promoted.
ADVERTISING
Find out if the band has an advertising budget for releases.
TOUR SUPPORT
Find out if and how they support you on your tour (financially, morally, etc.) and how much of any advances for touring are recoupable.
POINT / PERCENTAGE of the LIST PRICE You Receive
Find out how much you get paid for each record sold. A new act usually gets somewhere between 10-15% of the suggested list price of a recording. (Remember too that out of your percentage, you must pay your producer their percentage, for producing your record.)
Major Label
By industry definition, a major label is a label that commands a high percentage of the annual sales of records, and has their own distribution system.
When pursuing a major label deal be absolutely sure that this is what you really want. Here are some points that might help you determine if this is the right thing for you to do:
OPTIONS
A major label often signs artists for six to eight records/Albums (not years).
A&R
Research the A&R person. Know whom they’ve signed, who they’ve worked with, who they’ve worked for, and how long they have been employed.
NUMBER OF RELEASES
Find out how many records the label releases per year. You don’t want to sign with a label that releases too many records. Remember, they only have so much time and enthusiasm to put into the promotion of each record. Many major labels have between 12-25 releases coming out each month.
Here are some clauses that you will encounter (and sometimes have to watch out for) in a contract with a record label:
EXCLUSIVITY
Every record contract includes a provision stating that the deal is “exclusive.” In other words, during the term of the agreement, you can’t make records for anybody else. Therefore, an exclusivity clause in a contract refers to the fact that you may only contract with this record company (you are “unilaterally married” to that company.) I strongly recommend that your attorney define the extent of exclusivity.
TERM
The duration of the contract. (How many records? Any time constraints?)
PRODUCT/CREATIVITY
Who will control the amount of product and the quality of the product? You always want as much creative freedom as possible; the record company often maintains a veto power when letting a band choose the producer, engineer, studio, etc.
RECORDING COSTS
How much (recoupable) recording money will you get? Don’t overdo it! Remember, you will have to pay it back from your royalty rate as applied to actual sales.
ADVANCES
How much (living) money will you get that is recoupable? What about other advances, such as videos, and touring? Remember, you will have to pay back that amount to the label.
ROYALTIES
The money paid for your service as recording artists. Outside of U.S. is calculated differently. (Canada: 75–90 % / UK, Japan, Australia: 60–70 % / Rest of the world: 50 %–of U.S. rate).
VIDEO
Who controls the music video and how the costs are apportioned. Try to have only 50% of the cost recoupable.
PUBLICITY
The label will need your permission for name, likeness and voice in order to publicize your record. Also, ownership of your website URLs may also be a point of negotiation.
MERCHANDISING
Same as with Independent labels
UNION
Your promise to join a union (AFTRA, AFM).
AUDITING
Your right to audit the books. Make sure this clause is included in the contract.
ACCOUNTING
The label’s responsibility is to report financially to you (reports to artists usually occur every six months; i.e., if an accounting period lasts from January till June, the label will report to the artists approximately in September).
ASSIGNMENT
The record company’s right to sell the contract. Majors sometime shuffle acts around from one affiliated label to another within their family of labels.
CONTROLLED COMPOSITION
How the label will pay mechanical royalties. Standard practice is that the label will only pay on 10 songs on your record, and at 75% of the current statutory mechanical license fee. (As of 2002, 8 cents per song, per unit sold.) This rate changes every two years.
TERMINATION
This clause specifies the songs you may not be allowed to record for a set time after the ending of the contract.
SIDEMAN'S CLAUSE
You might want to consider including a sideman’s clause. A sideman’s clause allows an artist to do studio work. The artist still needs permission from the record company; they however, can’t say no unless they have a very good reason. Under normal circumstances -- without such a sideman’s clause -- you would be prohibited from performing for any other band/label under the terms of an exclusive contract. If you have a sideman’s clause in your contract, make sure all members of your band sign the document.
KEY MAN CLAUSE
If a significant label executive resigns, or leaves the company, you may terminate the deal. The label may also put such a clause in concerning a band member.
I hope this information was useful for you. Knowing some basics about the realities of recording contracts before you get involved with them can save you a lot of grief down the road. Remember, record company lawyers have a reason for every clause in their contracts—so should you.
Friday, January 19, 2007
BEFORE YOU SIGN THAT CONTRACT
BEFORE YOU SIGN
A signature (from Latin signare, "sign") is a handwritten (and sometimes stylized) depiction of someone's name (or some other identifying mark) that a person writes on documents as a proof of identity and will. It acts as a seal. The writer of a signature is a signatory. Like a handwritten signature, a signature work describes the work as readily identifying its creator.
The traditional function of a signature is evidential: it is to give evidence of:
the provenance of the document (identity)
the intention (will) of an individual with regard to that document
For example, the role of a signature in many consumer contracts is not solely to provide evidence of the identity of the contracting party, but rather to additionally provide evidence of deliberation and informed consent. Signatures may be witnessed and recorded in the presence of a Notary Public to carry additional legal force. On legal documents, an illiterate signatory can make a "mark" (often an "X" but occasionally a personalized symbol), so long as the document is countersigned by a literate witness. There are many other terms which are synonymous with 'signature'. One is John Hancock, named after the first of the signatories of the United States Declaration of Independence. The signature of a famous person is sometimes known as an autograph, and is then typically written on its own or with a brief note to the recipient. Rather than providing authentication for a document, the autograph is given as a souvenir which acknowledges the recipient's access to the autographer.
Some states’ legal definition of a signature defines a signature to mean "any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto." [1] In the context of one particular statute, a signature doesn’t have to be the popular notion of a written name, but may be other methods of authentication; the intent of any mark or memorandum makes a signature.
BEFORE YOU LAY PEN TO PAPER
The success of your event may well depend on a simple piece of paper you sign. Before you begin negotiating the details, make sure you understand the basics of contracts.
A veteran student council adviser recently recalled an incident from his rookie years as an adviser when the council members made plans to hold the prom at a local hotel one year. About six weeks before the event, the adviser and his officers arrived at the hotel to go over the food selections and other details, only to discover that the hotel had booked someone else for that night! Although the adviser stressed that the council had reserved that date, the hotel's response was that they didn't have a contract for it, so they booked someone else.
With a few contract basics you can protect yourself from a similar scenario and help ensure your event's success.
A contract is an agreement between two or more persons consisting of a promise or mutual promises that the law will enforce, or the performance of which the law recognizes as a duty. A contract doesn't have to be called a contract or be a long legal document. It can be a letter of agreement, a memorandum of understanding, a letter of intent, or a proposal.
Whatever type of agreement you need, remember that putting it in writing, being careful to clarify the critical points, greatly reduces the chance of misunderstanding the terms and needs of the event and avoids trouble down the road.
Before the Contract, Know Your Limitations
Make sure the person you are dealing with has the authority to bind the other party to an agreement. This is especially important when you are dealing with a large record company where the person with whom you negotiate may not be the person who has the ultimate authority to "sign off" on the agreement. This is less likely when you are dealing with a record label that will likely have one designated individual who makes the final say, in this case the CEO fits into that shoe, but it is better to be safe than sorry. I believe that with your artist management behind you, they 'll guide you just fine.
Many musical artists make the mistake of penning down their signature before reading the content and reward of their respective contracts as a result of so much desperation and anxiety built up in the course of the good news. Let me remind you here that you are the one with power and the records knows it as much as I do that you are good business...that is basically why the need your signature...get this into your head, they are not doing you a favour, they are only trying to make money off you. They are most concerned at their own "pockets". I wish you knew how many demo tracks this record label recieve on daily basis, now for these guys to have picked you out of the thousands of entries that they get from artist, that fact alone sure makes you special different and "treasure load" if you understand what I mean.
Take all the time you need to go through a contract paper, page by page, word by word, make sure you undertand every term in the contract, may I say it again you don't need to rush because most of these contracts might enslave you for 5 years or more if you are not careful. Ask the record label executives to give you time to make your decision, take a copy home review it and if possible sleep on it and may I advice that you employ an a music lawyer who knows what the deal is to see you through the signing process. Never you hesitate to ask questions, feel free to speak your mind, basically because the deal is all about you. If you are in a band, make sure that every member of the band reviews the deal along with you and agree with conditions and standards set on the contract. The contract serves as a roadmap for your entire career, a good start dictates the pace of your reign but it also serves as a guide in the agreement if there is a dispute between the parties which we don't hope for.
Express ever doubt in your mind, make sure every little detail is trashed out...and if it happens that you are just alright with the content of the contract then I guess it you spill the wine. Just promise me something...don't ever get tired of making music and make them hits as well...
Basic Contract Objectives
The contract serves as a roadmap for your entire career, a good start dictates the pace of your futu but it also serves as a guide in the event there is a dispute between the parties. The information you should include and/or look for in every contract you deal with is outlined below. If the other party provides you with one of their boilerplate contracts, be wary of language that might let them off the hook or limit their liability in the event something goes wrong.
A signature (from Latin signare, "sign") is a handwritten (and sometimes stylized) depiction of someone's name (or some other identifying mark) that a person writes on documents as a proof of identity and will. It acts as a seal. The writer of a signature is a signatory. Like a handwritten signature, a signature work describes the work as readily identifying its creator.
The traditional function of a signature is evidential: it is to give evidence of:
the provenance of the document (identity)
the intention (will) of an individual with regard to that document
For example, the role of a signature in many consumer contracts is not solely to provide evidence of the identity of the contracting party, but rather to additionally provide evidence of deliberation and informed consent. Signatures may be witnessed and recorded in the presence of a Notary Public to carry additional legal force. On legal documents, an illiterate signatory can make a "mark" (often an "X" but occasionally a personalized symbol), so long as the document is countersigned by a literate witness. There are many other terms which are synonymous with 'signature'. One is John Hancock, named after the first of the signatories of the United States Declaration of Independence. The signature of a famous person is sometimes known as an autograph, and is then typically written on its own or with a brief note to the recipient. Rather than providing authentication for a document, the autograph is given as a souvenir which acknowledges the recipient's access to the autographer.
Some states’ legal definition of a signature defines a signature to mean "any memorandum, mark, or sign made with intent to authenticate any instrument or writing, or the subscription of any person thereto." [1] In the context of one particular statute, a signature doesn’t have to be the popular notion of a written name, but may be other methods of authentication; the intent of any mark or memorandum makes a signature.
BEFORE YOU LAY PEN TO PAPER
The success of your event may well depend on a simple piece of paper you sign. Before you begin negotiating the details, make sure you understand the basics of contracts.
A veteran student council adviser recently recalled an incident from his rookie years as an adviser when the council members made plans to hold the prom at a local hotel one year. About six weeks before the event, the adviser and his officers arrived at the hotel to go over the food selections and other details, only to discover that the hotel had booked someone else for that night! Although the adviser stressed that the council had reserved that date, the hotel's response was that they didn't have a contract for it, so they booked someone else.
With a few contract basics you can protect yourself from a similar scenario and help ensure your event's success.
A contract is an agreement between two or more persons consisting of a promise or mutual promises that the law will enforce, or the performance of which the law recognizes as a duty. A contract doesn't have to be called a contract or be a long legal document. It can be a letter of agreement, a memorandum of understanding, a letter of intent, or a proposal.
Whatever type of agreement you need, remember that putting it in writing, being careful to clarify the critical points, greatly reduces the chance of misunderstanding the terms and needs of the event and avoids trouble down the road.
Before the Contract, Know Your Limitations
Make sure the person you are dealing with has the authority to bind the other party to an agreement. This is especially important when you are dealing with a large record company where the person with whom you negotiate may not be the person who has the ultimate authority to "sign off" on the agreement. This is less likely when you are dealing with a record label that will likely have one designated individual who makes the final say, in this case the CEO fits into that shoe, but it is better to be safe than sorry. I believe that with your artist management behind you, they 'll guide you just fine.
Many musical artists make the mistake of penning down their signature before reading the content and reward of their respective contracts as a result of so much desperation and anxiety built up in the course of the good news. Let me remind you here that you are the one with power and the records knows it as much as I do that you are good business...that is basically why the need your signature...get this into your head, they are not doing you a favour, they are only trying to make money off you. They are most concerned at their own "pockets". I wish you knew how many demo tracks this record label recieve on daily basis, now for these guys to have picked you out of the thousands of entries that they get from artist, that fact alone sure makes you special different and "treasure load" if you understand what I mean.
Take all the time you need to go through a contract paper, page by page, word by word, make sure you undertand every term in the contract, may I say it again you don't need to rush because most of these contracts might enslave you for 5 years or more if you are not careful. Ask the record label executives to give you time to make your decision, take a copy home review it and if possible sleep on it and may I advice that you employ an a music lawyer who knows what the deal is to see you through the signing process. Never you hesitate to ask questions, feel free to speak your mind, basically because the deal is all about you. If you are in a band, make sure that every member of the band reviews the deal along with you and agree with conditions and standards set on the contract. The contract serves as a roadmap for your entire career, a good start dictates the pace of your reign but it also serves as a guide in the agreement if there is a dispute between the parties which we don't hope for.
Express ever doubt in your mind, make sure every little detail is trashed out...and if it happens that you are just alright with the content of the contract then I guess it you spill the wine. Just promise me something...don't ever get tired of making music and make them hits as well...
Basic Contract Objectives
The contract serves as a roadmap for your entire career, a good start dictates the pace of your futu but it also serves as a guide in the event there is a dispute between the parties. The information you should include and/or look for in every contract you deal with is outlined below. If the other party provides you with one of their boilerplate contracts, be wary of language that might let them off the hook or limit their liability in the event something goes wrong.
THE CONTENT OF A PRESS KIT
A COMPLETE PRESS KIT
In the music business, the folder that contains your photo, bio, press clippings and demo tape/CD, is called your press kit or press package. The same package goes to record companies, agents, attorneys and the media. So it better look good and contain everything you need others to know--without giving them a week's worth of reading materials.
When putting together this important package, less is more. Too much to read will make someone impatient. And realistically, what can you say about a brand new act that has no real career? Your press kit should contain the following materials only:
A clear, crisp 8x10 photo with artist/band name and contact info.
One or two short, positive reviews or press clips.
Lyrics to the songs on your tape/CD (stapled together in sequence).
A band/artist ID sheet identifying each member, writer and instrument played by each. No need to mention where the band is from or how long they've been floundering around together doing nothing--unless there's a unique angle or story.
If you have three or four direct quotes from some very reputable people in the business--managers, producers, artists--include them on a separate quote sheet, but be sure to attribute them correctly.
Include a professional looking business card from your manager or representative.
Don't forget to include your demo tape/CD, Einstein!
Always include a cover letter with every package explaining why you're sending it.
ARTIST PHOTOS
We need to spend a few minutes talking about the photos you're putting in your press packages. Do they really represent you? Do they somehow depict the kind of music you play? Do they look pro?
I have yet to find a single artist who was incapable of somehow finding a photographer to take a few pictures. Everyone has a relative or friend with a camera. It's up to the artist to be creative. You don't need a thousand-dollar photo session--merely one that looks like it cost a thousand dollars. In other words, make it look good for a few bucks.
Do not, for example, stand in front of a forest so we can't distinguish you from the trees. Do not wear a watch or be photographed in front of a calendar so the photo is dated a week later. Do not stand in front of a black curtain or backdrop wearing all black; you'll come out with a head and no body. Keep it simple.
Try to look like the music you're playing. Don't wear rainbow-colored clothes if you're in a metal band--look dark and dirty, like the music. Ozzy Osbourne always looks like his music! The Rolling Stones always look like trouble-making rock & rollers! The Grateful Dead always looked and dressed like hippies on pot! And so did their enormous audience. Remember that you want to help the consumers in identifying you and your music, not confuse them.
COVER LETTERS
As I mentioned earlier, every single press package that goes out must be accompanied by a cover letter explaining why it was sent. Usually, this letter is written by the artist's manager, attorney, or, in some cases, by the leader of the band himself.
Like everything else in your press package, this letter should also be short, to the point, and very pro. It should explain, in a few paragraphs, who you are, why you sent the package and what you expect. Below you'll see a sample letter.
Six short sentences say it all. Again, you want this person playing the tape and not making paper airplanes out of your press materials.
FOLLOWING UP
Sometimes it will take months to hear from these people--even with follow-up calls. Don't give up. Don't get frustrated. Remember that they're getting the same kinds of packages from hundreds of other people around the world, and you're probably not at the top of their list.
Try to make connections at as many labels as possible so you can submit enough packages and get a fair appraisal of your material. At the very least, you'll be able to reach and speak with an assistant or secretary who'll be able to tell you if your package was received. Almost all labels now log in packages on their computers with a date and the name of the artist.
These press packages are your calling cards for your career in the music business. They can be used to solicit a personal manager, agent, publisher, club gig, record label or just about anyone in the industry. So as long as you're taking the time to put one together, do yourself a favor and do it pro!
In the music business, the folder that contains your photo, bio, press clippings and demo tape/CD, is called your press kit or press package. The same package goes to record companies, agents, attorneys and the media. So it better look good and contain everything you need others to know--without giving them a week's worth of reading materials.
When putting together this important package, less is more. Too much to read will make someone impatient. And realistically, what can you say about a brand new act that has no real career? Your press kit should contain the following materials only:
A clear, crisp 8x10 photo with artist/band name and contact info.
One or two short, positive reviews or press clips.
Lyrics to the songs on your tape/CD (stapled together in sequence).
A band/artist ID sheet identifying each member, writer and instrument played by each. No need to mention where the band is from or how long they've been floundering around together doing nothing--unless there's a unique angle or story.
If you have three or four direct quotes from some very reputable people in the business--managers, producers, artists--include them on a separate quote sheet, but be sure to attribute them correctly.
Include a professional looking business card from your manager or representative.
Don't forget to include your demo tape/CD, Einstein!
Always include a cover letter with every package explaining why you're sending it.
ARTIST PHOTOS
We need to spend a few minutes talking about the photos you're putting in your press packages. Do they really represent you? Do they somehow depict the kind of music you play? Do they look pro?
I have yet to find a single artist who was incapable of somehow finding a photographer to take a few pictures. Everyone has a relative or friend with a camera. It's up to the artist to be creative. You don't need a thousand-dollar photo session--merely one that looks like it cost a thousand dollars. In other words, make it look good for a few bucks.
Do not, for example, stand in front of a forest so we can't distinguish you from the trees. Do not wear a watch or be photographed in front of a calendar so the photo is dated a week later. Do not stand in front of a black curtain or backdrop wearing all black; you'll come out with a head and no body. Keep it simple.
Try to look like the music you're playing. Don't wear rainbow-colored clothes if you're in a metal band--look dark and dirty, like the music. Ozzy Osbourne always looks like his music! The Rolling Stones always look like trouble-making rock & rollers! The Grateful Dead always looked and dressed like hippies on pot! And so did their enormous audience. Remember that you want to help the consumers in identifying you and your music, not confuse them.
COVER LETTERS
As I mentioned earlier, every single press package that goes out must be accompanied by a cover letter explaining why it was sent. Usually, this letter is written by the artist's manager, attorney, or, in some cases, by the leader of the band himself.
Like everything else in your press package, this letter should also be short, to the point, and very pro. It should explain, in a few paragraphs, who you are, why you sent the package and what you expect. Below you'll see a sample letter.
Six short sentences say it all. Again, you want this person playing the tape and not making paper airplanes out of your press materials.
FOLLOWING UP
Sometimes it will take months to hear from these people--even with follow-up calls. Don't give up. Don't get frustrated. Remember that they're getting the same kinds of packages from hundreds of other people around the world, and you're probably not at the top of their list.
Try to make connections at as many labels as possible so you can submit enough packages and get a fair appraisal of your material. At the very least, you'll be able to reach and speak with an assistant or secretary who'll be able to tell you if your package was received. Almost all labels now log in packages on their computers with a date and the name of the artist.
These press packages are your calling cards for your career in the music business. They can be used to solicit a personal manager, agent, publisher, club gig, record label or just about anyone in the industry. So as long as you're taking the time to put one together, do yourself a favor and do it pro!
GOOD DEMOS DO THE TRICK
The vice-president of A&R of a major record label is sitting in his comfy leather chair in his corner office listening to CDs (which by the way is how they typically spend less than 10% of their time at work). The first thing he pops into his CD player sounds great. The lead vocal cuts right through the mix. The guitars are warm, but edgy. The bass is round, fat and punchy. The kick drum gives you a heart attack with each beat. The snare pierces like a hollow point bullet. The mix is perfect. The musicianship is superb. The song is very good and the packaging is top-shelf. Four color artwork on the cover. Great liner notes. Very professional.
The next product is one of those clear-shell, cheapo cassettes with a hand written label. A little sloppy on the presentation. Most likely, the demo was made on a 4-track in somebody's bedroom studio. The drums sound distant and muffled. The guitars are raunchy. The bass is okay. The musicianship is sub par, but it has some feel and emotion to it. The song, however, is unlike anything this man has ever heard. It's truly unique, and very infectious. The lead vocal is captivating and the singer is sweating emotion from every pore.
Which of these demos will the A&R person sign? The latter. Why? Because it's a hit song. The first demo had everything going right for it but the song. An "A minus" songs is good, but it isn't good enough. You need to have "A plus" songs, and nothing less.
Record companies are in business to make money. They bet a portion of the farm on every release. You can bet dollars to donuts that they would much rather bet on a hit song than a demo with great engineering, great production and fancy packaging. You can also bet that they would rather put their money on an artist who has "star quality" than one who obviously spent a small fortune on their demo.
What's the lesson here? Buy yourself a home studio system that you can afford, and learn to use it well. You might spend a few (maybe several) thousand dollars in the process, but you would have to spend that on one round of demos in a "real" studio anyway.
But remember, it's not important to become a gear junkie. Gear won't get you signed to a record deal. Great songwriting will. A unique artistic vision will. Star quality will. A zillion dollars worth of gear will not.
For your purpose, the use of your home studio requires that you get as familiar with it as you are with your car. Feel comfortable with it. Have a good command of it, but don't plan on driving it in the Indy 500. You only need the gear to make a good clean demo of your music.
Assuming you master your studio, there are some other things you'll need to know. First and foremost; songwriter demos don't need much production. A solid rhythm track with a great lead vocal is often all you'll need. A full production can often hurt a song pitch more than it can help. Leave some room for the listener's imagination to do it's thing. If a song demo is fully produced, it leaves the listener with only one way to hear it -- your way.
The next product is one of those clear-shell, cheapo cassettes with a hand written label. A little sloppy on the presentation. Most likely, the demo was made on a 4-track in somebody's bedroom studio. The drums sound distant and muffled. The guitars are raunchy. The bass is okay. The musicianship is sub par, but it has some feel and emotion to it. The song, however, is unlike anything this man has ever heard. It's truly unique, and very infectious. The lead vocal is captivating and the singer is sweating emotion from every pore.
Which of these demos will the A&R person sign? The latter. Why? Because it's a hit song. The first demo had everything going right for it but the song. An "A minus" songs is good, but it isn't good enough. You need to have "A plus" songs, and nothing less.
Record companies are in business to make money. They bet a portion of the farm on every release. You can bet dollars to donuts that they would much rather bet on a hit song than a demo with great engineering, great production and fancy packaging. You can also bet that they would rather put their money on an artist who has "star quality" than one who obviously spent a small fortune on their demo.
What's the lesson here? Buy yourself a home studio system that you can afford, and learn to use it well. You might spend a few (maybe several) thousand dollars in the process, but you would have to spend that on one round of demos in a "real" studio anyway.
But remember, it's not important to become a gear junkie. Gear won't get you signed to a record deal. Great songwriting will. A unique artistic vision will. Star quality will. A zillion dollars worth of gear will not.
For your purpose, the use of your home studio requires that you get as familiar with it as you are with your car. Feel comfortable with it. Have a good command of it, but don't plan on driving it in the Indy 500. You only need the gear to make a good clean demo of your music.
Assuming you master your studio, there are some other things you'll need to know. First and foremost; songwriter demos don't need much production. A solid rhythm track with a great lead vocal is often all you'll need. A full production can often hurt a song pitch more than it can help. Leave some room for the listener's imagination to do it's thing. If a song demo is fully produced, it leaves the listener with only one way to hear it -- your way.
Wednesday, January 17, 2007
TYPES OF DEALS
TYPES OF DEALS
Production Company Deals
Only provide creation and ownership of recordings relying on licence arrangements with real record companies to release, market and distribute recordings. There are several drawbacks to this type of agreement:-
1. Production companies owned and run by Managers take ownership rights to their artists recordings enabling the manager to receive a profit on his license deals plus the management commission.
2. A Full hourly or daily rate for studio time will be added to the artists debt to be recouped against royalties, it is obviously in their interest to encourage the artist to use as much studio time as possible!
3. The Copyright in your master recordings may still be owned by the company after the term of contract and if they go bust all royalty payments will be used by the creditors to pay their outstanding debts.
4. Recoupment can be complicated.
5. An overall licence containing several artists signed to the production company may be cross-collateralised using the most successful artists royalties to cover the losses of failed acts.
Licence Deals
Where the artist has funded the cost of recording, retain all rights including copyright and have all rights to their work returned to them on expiry of contract. This still grants the company the rights to manufacture, distribute and sell agreed recordings, but the artist/songwriter/band retains some control over artwork, distribution and exploitation, receive an improved royalty rate and pay less packaging deductions.
Profit Split Deals
Small independant labels with limited funding will negotiate a profit split where they agree to deduct all expenditure from income and then split the profits at an agreed percentage with the artist. The payments received can vary considerably depending on the success or failure of the albums sales.
Main Terms
The amount of recordings an artist/band has to deliver (Minimum Commitment is usually 1 album), to the record company during a specified period of time (Term). Avoid long contracts, 10 album deals etc., unless the record company contracts to significantly develop the artists career.
It should be noted that a record company does not guarantee to release the artists recordings at all, release depends on commercial acceptance by the company, get a good lawyer to change this to 'technically acceptable' which marginally lessens the record companies leeway. If accepted the company will agree a 'release commitment' which is a guarantee to release the album.
Options allowing the rights to more recordings from the artist.
For instance, a 5 album deal would actually be a 1 or 2 album deal with options for the record company to renew the contract at the end of each period. These are referred to as the 'Initial Period' followed by the 'First Option Period' etc.
Exploitation, Rights & Territories including cable & satellite transmission.
To ensure the record company has exclusive rights on all recordings an artist agrees not to make recordings and/or videos for anyone else, grants permission for the company to hold the copyrights on all recordings, manufacture, distribute and sell their recordings in specific countries (Territories) for an agreed period which will include 're-recording restrictions' preventing the artist from re-recording tracks previously released. Artists may have performances recorded and guest appearances on other artists records are usually permitted but require consent, a written credit on the album cover and payment to the artists record company. There will also be a clause granting the record company the right NOT to any of the above if it so chooses!
Artist Royalty percentages, basis of calculations and payment periods.
Unknown artists will have less negotiating power than established acts who can command higher royalty percentages and advances. Once the first album is released and a return is shown the next contract period or option renewal should allow the artists solicitor to renegotiate a slightly better percentage, raising with each successful release.
Advances against royalties and installment periods.
Advances are payments made against future royalties. Payments in each contract period are paid in installments from the date of signing and on delivery of the 'Minimum Commitment'. The payment terms are usually negotiable with the artist/band receiving either lump sums or monthly installments.
Recoupable costs payable before the artist receives royalty payments.
Seemingly huge advances are soon whittled down when you realise that from the initial advance your manager will take 20% and the monies paid will have to support you totally, including recording costs, income tax & national insurance deductions, living costs etc., for 1 - 2 years. All advances and recoupable costs including deductions for packaging, production, art work are added together for the period during which the artist is signed and all income/royalties are used to repay these costs. In addition the artists royalties are usually calculated on the 'discount or trade price' not the full 'retail price' of their recordings and in the case of special products i.e., T.V. advertised albums, are only paid at 1/2 or 2/3 of the contractual rate even after all the other deductions!
It is quite common for an artist to earn no money from royalties and end up in debt to the company. Generating other forms of income via Touring or Publishing and Merchandising Deals are a necessity!
Other terms including Publishing, Group Provisions, Music Video Rights, Equipment, Tour Support, Producers, Accounting, Promotional Duties, Termination, Creative and Cost Control are all minefields of legalise written in favour of the record company, with miscellaneous provisions to prevent the artist sueing the company in the event that not enough effort was made to promote, distribute, sell more records and giving the company the right NOT to deliver any of the above if it so chooses!
NEVER verbally agree or sign any form of agreement without seeking advice from a qualified solicitor specialising in the music industry. A wide collection of Music Business Contracts can be purchased from A2Z although please note these are US orientated and will need adjusting to reflect your countries requirements.
Production Company Deals
Only provide creation and ownership of recordings relying on licence arrangements with real record companies to release, market and distribute recordings. There are several drawbacks to this type of agreement:-
1. Production companies owned and run by Managers take ownership rights to their artists recordings enabling the manager to receive a profit on his license deals plus the management commission.
2. A Full hourly or daily rate for studio time will be added to the artists debt to be recouped against royalties, it is obviously in their interest to encourage the artist to use as much studio time as possible!
3. The Copyright in your master recordings may still be owned by the company after the term of contract and if they go bust all royalty payments will be used by the creditors to pay their outstanding debts.
4. Recoupment can be complicated.
5. An overall licence containing several artists signed to the production company may be cross-collateralised using the most successful artists royalties to cover the losses of failed acts.
Licence Deals
Where the artist has funded the cost of recording, retain all rights including copyright and have all rights to their work returned to them on expiry of contract. This still grants the company the rights to manufacture, distribute and sell agreed recordings, but the artist/songwriter/band retains some control over artwork, distribution and exploitation, receive an improved royalty rate and pay less packaging deductions.
Profit Split Deals
Small independant labels with limited funding will negotiate a profit split where they agree to deduct all expenditure from income and then split the profits at an agreed percentage with the artist. The payments received can vary considerably depending on the success or failure of the albums sales.
Main Terms
The amount of recordings an artist/band has to deliver (Minimum Commitment is usually 1 album), to the record company during a specified period of time (Term). Avoid long contracts, 10 album deals etc., unless the record company contracts to significantly develop the artists career.
It should be noted that a record company does not guarantee to release the artists recordings at all, release depends on commercial acceptance by the company, get a good lawyer to change this to 'technically acceptable' which marginally lessens the record companies leeway. If accepted the company will agree a 'release commitment' which is a guarantee to release the album.
Options allowing the rights to more recordings from the artist.
For instance, a 5 album deal would actually be a 1 or 2 album deal with options for the record company to renew the contract at the end of each period. These are referred to as the 'Initial Period' followed by the 'First Option Period' etc.
Exploitation, Rights & Territories including cable & satellite transmission.
To ensure the record company has exclusive rights on all recordings an artist agrees not to make recordings and/or videos for anyone else, grants permission for the company to hold the copyrights on all recordings, manufacture, distribute and sell their recordings in specific countries (Territories) for an agreed period which will include 're-recording restrictions' preventing the artist from re-recording tracks previously released. Artists may have performances recorded and guest appearances on other artists records are usually permitted but require consent, a written credit on the album cover and payment to the artists record company. There will also be a clause granting the record company the right NOT to any of the above if it so chooses!
Artist Royalty percentages, basis of calculations and payment periods.
Unknown artists will have less negotiating power than established acts who can command higher royalty percentages and advances. Once the first album is released and a return is shown the next contract period or option renewal should allow the artists solicitor to renegotiate a slightly better percentage, raising with each successful release.
Advances against royalties and installment periods.
Advances are payments made against future royalties. Payments in each contract period are paid in installments from the date of signing and on delivery of the 'Minimum Commitment'. The payment terms are usually negotiable with the artist/band receiving either lump sums or monthly installments.
Recoupable costs payable before the artist receives royalty payments.
Seemingly huge advances are soon whittled down when you realise that from the initial advance your manager will take 20% and the monies paid will have to support you totally, including recording costs, income tax & national insurance deductions, living costs etc., for 1 - 2 years. All advances and recoupable costs including deductions for packaging, production, art work are added together for the period during which the artist is signed and all income/royalties are used to repay these costs. In addition the artists royalties are usually calculated on the 'discount or trade price' not the full 'retail price' of their recordings and in the case of special products i.e., T.V. advertised albums, are only paid at 1/2 or 2/3 of the contractual rate even after all the other deductions!
It is quite common for an artist to earn no money from royalties and end up in debt to the company. Generating other forms of income via Touring or Publishing and Merchandising Deals are a necessity!
Other terms including Publishing, Group Provisions, Music Video Rights, Equipment, Tour Support, Producers, Accounting, Promotional Duties, Termination, Creative and Cost Control are all minefields of legalise written in favour of the record company, with miscellaneous provisions to prevent the artist sueing the company in the event that not enough effort was made to promote, distribute, sell more records and giving the company the right NOT to deliver any of the above if it so chooses!
NEVER verbally agree or sign any form of agreement without seeking advice from a qualified solicitor specialising in the music industry. A wide collection of Music Business Contracts can be purchased from A2Z although please note these are US orientated and will need adjusting to reflect your countries requirements.
MUSIC PUBLISHING
MUSIC PUBLISHERS
The primary job of today's music publisher is to link up new songs by songwriters with suitable recording artists to record them, with the intent of creating a hit record and generating large numbers of sales and airplay. Promoting such songs, supervising the collection and payment of publishing royalties for sales to their writers, placing writers' songs in other media such as movie soundtracks and commercials, and handling copyright registration and "ownership" matters for published songs, are among other jobs handled by a music publisher.
Music Publishers are constantly seeking new songwriters and composers who write quality music to add to their books. Part of the Publishers job is to ensure that these individuals are paid for the use of their music by licensing, promoting, managing and safeguarding the copyright of their work. A songwriter/composer sells part or all of the publishing rights to their composition which entitles the publisher to print copies of the song for sale and to promote the song to record companies and artists. They do not take royalties on the 'recording' of the song. This enables the song to be licensed and performed by many artists at different times provided that permission is obtained and correct payments made to the publisher and/or writer.
A songwriter or composer is not required to be a performer to be signed by a publishing company, although many are ex-artists who are established writers or co-writers working with recording artists and the preferance is towards performing artists as it increases the possibility of the songs being used/recorded.
Writers/Artists should not expect a publisher to become involved in developing their career, whilst they may sometimes be the first to demo a band, offer creative advice, fund a tour or single release, they are not pro-active in the same manner as a Manager or Record Company, plus their main objective is to successfully obtain established artists to 'cover' material provided by the writers.
Traditionally, music publishing royalties are split fifty/fifty, with half going to the publisher (as payment for their services) and the rest going to the songwriter – or songwriters, as the case may be. Other arrangements have been made in the past, and continue to be; some better for the writers, some better for the publishers. Occasionally a recording artist will ask for a co-writer's credit on a song (thus sharing in both the artist and publishing royalties) in exchange for selecting it to perform, particularly if the writer is not well-known. Sometimes an artist's manager or producer will expect a co-credit or share of the publishing and occasionally a publisher will insist on writer's credit, these practises are listed in descending order of scrupulousness, as regarded by the music industry.
It is important that any work you produce is copyrighted prior to presenting it to a publisher, record company or any third party (which includes live performance!). Most major publishing companies tend to be owned by the same groups that own the major record companies, although there are a host of independant publishers and smaller companies who only publish artists signed to their own label. Unlike record companies who may sign an artist for a limited period, a music publisher can control and sell the same song for decades.
Besides searching for new talent the publishers spend most of their time controlling the use of their copyrights, collecting royalties and keeping their writers informed. The income due is often collected by a society like MCPS who were established to represent publishers and songwriters, protecting their rights, negotiating agreements with those who want to use recordings on CD's, cassettes, vinyl, video etc.
Presentation to Publishers
Approaching a publisher for a contract utilises the same methods as those you would use for a Record Company. They both have A&R departments (although a publishers A&R personnel are often refered to as Professional Managers) and their jobs are similar with the exception that they will also seek pure songwriters as well as performing artists/bands.
Take time to research a publisher before attempting to present your material as some cater to certain types of music whereas others have a broader spectrum of critera, either way a folk song won't get much attention from a Heavy Metal specialist publisher!
An unproven, non-performing writer is unlikely to receive a particularly lucrative deal unless they are writing with an established perfomer or has a song that the publisher feels is strong enough to pitch to an act or record company immediately, however, a deal can enable you to become a full time songwriter.
Collaborators should always agree a split and sign an agreement to avoid disputes at a later date. You should also be aware that a however good the relationship with your co-writer, if you have a disagreement and the co-writer refuses permission for use of their input into the song, you will be unable to gain a contract or perform the works until their material is removed..........usually means a re-write which may lose the initial appeal of the song!
A music lawyer/solicitors advice should be sought before signing any agreements or contracts. Click the link for an example of the Terms of A Publishing Contract.
The primary job of today's music publisher is to link up new songs by songwriters with suitable recording artists to record them, with the intent of creating a hit record and generating large numbers of sales and airplay. Promoting such songs, supervising the collection and payment of publishing royalties for sales to their writers, placing writers' songs in other media such as movie soundtracks and commercials, and handling copyright registration and "ownership" matters for published songs, are among other jobs handled by a music publisher.
Music Publishers are constantly seeking new songwriters and composers who write quality music to add to their books. Part of the Publishers job is to ensure that these individuals are paid for the use of their music by licensing, promoting, managing and safeguarding the copyright of their work. A songwriter/composer sells part or all of the publishing rights to their composition which entitles the publisher to print copies of the song for sale and to promote the song to record companies and artists. They do not take royalties on the 'recording' of the song. This enables the song to be licensed and performed by many artists at different times provided that permission is obtained and correct payments made to the publisher and/or writer.
A songwriter or composer is not required to be a performer to be signed by a publishing company, although many are ex-artists who are established writers or co-writers working with recording artists and the preferance is towards performing artists as it increases the possibility of the songs being used/recorded.
Writers/Artists should not expect a publisher to become involved in developing their career, whilst they may sometimes be the first to demo a band, offer creative advice, fund a tour or single release, they are not pro-active in the same manner as a Manager or Record Company, plus their main objective is to successfully obtain established artists to 'cover' material provided by the writers.
Traditionally, music publishing royalties are split fifty/fifty, with half going to the publisher (as payment for their services) and the rest going to the songwriter – or songwriters, as the case may be. Other arrangements have been made in the past, and continue to be; some better for the writers, some better for the publishers. Occasionally a recording artist will ask for a co-writer's credit on a song (thus sharing in both the artist and publishing royalties) in exchange for selecting it to perform, particularly if the writer is not well-known. Sometimes an artist's manager or producer will expect a co-credit or share of the publishing and occasionally a publisher will insist on writer's credit, these practises are listed in descending order of scrupulousness, as regarded by the music industry.
It is important that any work you produce is copyrighted prior to presenting it to a publisher, record company or any third party (which includes live performance!). Most major publishing companies tend to be owned by the same groups that own the major record companies, although there are a host of independant publishers and smaller companies who only publish artists signed to their own label. Unlike record companies who may sign an artist for a limited period, a music publisher can control and sell the same song for decades.
Besides searching for new talent the publishers spend most of their time controlling the use of their copyrights, collecting royalties and keeping their writers informed. The income due is often collected by a society like MCPS who were established to represent publishers and songwriters, protecting their rights, negotiating agreements with those who want to use recordings on CD's, cassettes, vinyl, video etc.
Presentation to Publishers
Approaching a publisher for a contract utilises the same methods as those you would use for a Record Company. They both have A&R departments (although a publishers A&R personnel are often refered to as Professional Managers) and their jobs are similar with the exception that they will also seek pure songwriters as well as performing artists/bands.
Take time to research a publisher before attempting to present your material as some cater to certain types of music whereas others have a broader spectrum of critera, either way a folk song won't get much attention from a Heavy Metal specialist publisher!
An unproven, non-performing writer is unlikely to receive a particularly lucrative deal unless they are writing with an established perfomer or has a song that the publisher feels is strong enough to pitch to an act or record company immediately, however, a deal can enable you to become a full time songwriter.
Collaborators should always agree a split and sign an agreement to avoid disputes at a later date. You should also be aware that a however good the relationship with your co-writer, if you have a disagreement and the co-writer refuses permission for use of their input into the song, you will be unable to gain a contract or perform the works until their material is removed..........usually means a re-write which may lose the initial appeal of the song!
A music lawyer/solicitors advice should be sought before signing any agreements or contracts. Click the link for an example of the Terms of A Publishing Contract.
ARTIST MANAGEMENT
ARTIST MANAGER
Who is a manager? and why does an artist need one?
The manager is probably the only person apart from the artist who knows what is going on with every aspect of the artist's career. although I hate to use this analogy (as I have a spider phobia!) the manager is a bit like the spider in the middle of the web who keeps things together while the artist is out doin' what he's doin'. the manager has one limb feeling out for each of the different strands, the record label, the publisher, the agent, the tour manager, the merchandiser, the website/fanclub etc. testing the strength, feeling the vibes, mending the breaks, ready to catch the big opportunity for the artist. ready to move and ever vigilant. recommended reading for managers and artists alike is "this business of artist management" by franscogna & hetherington.
An Artist/talent manager, also known as a personal manager, is one who guides the career of artists in the entertainment business. The responsibility of the talent manager is to oversee the day to day business affairs of an artist; to advise and counsel talent about professional matters and personal decisions which may affect their career. The roles and responsibilities of a manager vary slightly from industry to industry, as do the commissions to which the manager is entitled. Music managers duties differ from those who advise actors, writers, directors, etc.
your act is ready and you've gained enough experience on local circuits to move onto the next step. Before you look for an Artist or Personal Manager we strongly advise you to become your own manager and gain experience of the tasks required before entrusting your business affairs to ANYONE, reputable or not it is essential that you ALWAYS check contracts thoroughly before signing, keep track of your own accounts and don't be afraid to seek advice or get a second opinion, after all.....it's YOUR career.
So what does a Manager do? Managers are responsible for developing and advancing the artists career, liasing with record companies, agents, promoters, lawyers and accountants leaving the artist free to create, perform and record. In theory a good manager should organise the business aspects of your career and a good one will be part honest joe & part shark.........(no offence intended!!). The artist needs someone who will be efficient, trustworthy, honest and keep them totally informed, whilst at the same time cutting through the huge swathe of hopefuls to get you noticed and then negotiating the most favourable contracts!
Music managers can manage Bands, singers and DJs. The role of a music manager is extensive, often tasks are divided among personal managers, business managers, tour managers, agents, bookers, and promoters.
Artist & Personal Managers
Good managers are a great advantage and a bad one could ruin your career so choosing the right person is a major step with many of the most successful artists working with their managers for many years.
PROFESSIONAL MANAGERS
Make their living solely from artist management and often have one or more clients already working professionally or signed to a major record company. With widespread industry contacts, the ability to generate interest from A&R personnel and an excellent track record they are able to command respect from publishing and record companies.
MANAGEMENT COMPANIES
Comprising groups of managers working together these are often retained by artists with the Personal Manager working with the artist on a day to day basis. In this case the Manager is paid a share of the companies commission. The advantages of being managed by a company with a roster of clients include the opportunity to work with other managed artists and the knowledge that they will have industry respect and bargaining power. If approached by one of their staff make sure you negotiate an escape route from being managed by the company if your 'key man' decides to leave or is fired.
AMATEUR MANAGERS
This could be an enthusiast whose ambition is to become a professional manager or a Mate who knows the band and wants to help out. You have to be realistic when allowing an amateur to manage you, they are unlikely to have any contacts, lack an understanding of the music business or have as much time to devote to your needs as a professional manager, however, if they are willing and determined to learn then the partnership can be beneficial to both parties.
There are many types of people who profess to be managers, some who have formerly managed one or more successful artists but no longer have clients, or those who are on the periphary of the music business and think they are capable of managing an artist or band. Deal with caution and ensure that you are being represented by someone who is realistic, credible and honest.
Starting off:
Early on in an artist's career, the different facets of management and marketing falls upon either the band itself or, if they have one, the manager. Because the band or artist is relatively unknown, promotion, booking, and touring are minimal. When starting off, a new music manager should establish a clear understanding of what the artist(s) want. This can be done through a written or verbal contract. A music managers' first task should be focused around a CD launch.
Compensation
Rates should be clearly stated initially. A good manager should understand the artist's perspective. A new manager has no experience or clout. In a band of six members, each member might receive less than the manager (who normally gets 15-20%). A tentative agreement, which can be renegotiated at a later date is often best. Managers who insist on a number that the band does not agree with can expect to be let go at the first convenient opportunity.
Gigs
It is important for a band to have experience in front of crowds. Fundraisers and talent shows are good experience and do not require a lot of commitment (in terms of fan pull) on the part of the artist. If the artist wants a gig in a pub or bar, expect there to be conditions. The following is a list of questions asked by bar owners/managers (in order of importance).
What kind of music?
How many people can you bring?
That's all. In some cases they may ask for a demo (a recording of four of the artists' best songs). The main objective for the bar owner is to fill their floor on any given night. They don't care if you're terrible they just want to see numbers. Under 75 people is generally frowned upon and will result in a minimum fee. A minimum fee could be upwards of $100. Some bar owners will waive or reduce their $100, $200, or $300 charge if the artist can pull in a significant number of people (predetermined during negotiations-usually a handshake).
Photography
While the artist is recording, a photographer should be searched. Pictures of the artist can be used for websites, CD labels/jackets, posters, and press kit. Cost for high quality rolls of film and their processing could be upwards of $200 for 150 pictures (labour not included). Finding a photographer friend is helpful but don't expect him or her to cover material cost. Have the photographs taken before your CD designs or artwork go into production.
CD launch venue
Once a production date is given you can safely go out searching venues. CD launches are more attractive to bar owners because it nearly guarantees an audience. Consequently CD launch venues are relatively easy to land. Try to book a place where the crowd will feel good walking into and out of. Presentation is everything. The crowd should be talking about the artist on arrival; not the crappy conditions of the neighbourhood or bar. The size of the venue should be relative to your means. If the place is too big, the artist will look unimportant. A small place can be a good thing. Just make sure the stage can fit the band's gear.
Press Kit
Once a CD launch date is established a press kit should be prepared. The press kit is used to contact the press to promote the band. By this stage in the artist's career they should have a good grasp of their level of talent . A press kit consists of:
Pamphlet with artist(s) biography, career highlights and pictures.
A written article about the artist that the press can easily edit and submit in their paper (less work for them).
A demo CD (in some cases the entire CD should be sent so the magazine/newspaper/radio station can review the entire CD.
Two tickets to the CD launch (if there is one)
It is important for the press kit to be flashy and attractive. It does not have to be expensive.
CONTACTING MANAGERS
HOW NOT TO DO IT!
"hi steve my name is bill im a hip-hop artist real good at it to..im in the newyork area and um...i have studio experience and writin skills...im also a song writer for like pop, and r&b..and im in real desperate need of a manager so if you or anyone you know is interested in dealin with someone like me email me and let me know...its xxxxxxx@hotmail.com...i really do need a manager thank you for your time..."
as a manager this would turn me off straight away. you have to put yourself in the managers shoes and think that they receive hundreds of demos, letters and emails every day. what will they really want to know and what will make you look different? there are a few key points in here, but it's all run together and hard to read.
key points here:
hip hop artist
based in new york
studio experience
writes own material
looking for a manager (obviously!)
HOW TO DO IT!
bill actually sounds quite promising but what he left off is the things he has achieved with his music. for example, has he played live anywhere? to how many people. which studio has he worked in and with who? has he released any records and if so, how many did he sell and how? does he have a fanbase and if so, how many people are in it? how does he keep in touch with them? does he have a website where steve could check him out or should steve come back to the ArtistManager.com site to see bill's picture and hear his music?
you get only one chance at a good manager and you have to give him all the information he needs to decide if he wants to contact you. Here's an example of a message sent by an artist to a manager recently.
How not to do it. "seeking management. visit my website for my bio and music samples...etc.. If you're into it, drop me an email with your comments and info and then we can go from there.." why should any busy and successful manager take the time to visit anyone's website on the strength of this message? no idea of the kind of music played, the achievements to date (record sales, live performances, press mentions, fan club numbers) or why the artist thinks that the manager would be interested in his band in particular.
you have GOT to put yourself in the manager's head and think for a moment! what would YOU want to know if you were a manager?
Who is a manager? and why does an artist need one?
The manager is probably the only person apart from the artist who knows what is going on with every aspect of the artist's career. although I hate to use this analogy (as I have a spider phobia!) the manager is a bit like the spider in the middle of the web who keeps things together while the artist is out doin' what he's doin'. the manager has one limb feeling out for each of the different strands, the record label, the publisher, the agent, the tour manager, the merchandiser, the website/fanclub etc. testing the strength, feeling the vibes, mending the breaks, ready to catch the big opportunity for the artist. ready to move and ever vigilant. recommended reading for managers and artists alike is "this business of artist management" by franscogna & hetherington.
An Artist/talent manager, also known as a personal manager, is one who guides the career of artists in the entertainment business. The responsibility of the talent manager is to oversee the day to day business affairs of an artist; to advise and counsel talent about professional matters and personal decisions which may affect their career. The roles and responsibilities of a manager vary slightly from industry to industry, as do the commissions to which the manager is entitled. Music managers duties differ from those who advise actors, writers, directors, etc.
your act is ready and you've gained enough experience on local circuits to move onto the next step. Before you look for an Artist or Personal Manager we strongly advise you to become your own manager and gain experience of the tasks required before entrusting your business affairs to ANYONE, reputable or not it is essential that you ALWAYS check contracts thoroughly before signing, keep track of your own accounts and don't be afraid to seek advice or get a second opinion, after all.....it's YOUR career.
So what does a Manager do? Managers are responsible for developing and advancing the artists career, liasing with record companies, agents, promoters, lawyers and accountants leaving the artist free to create, perform and record. In theory a good manager should organise the business aspects of your career and a good one will be part honest joe & part shark.........(no offence intended!!). The artist needs someone who will be efficient, trustworthy, honest and keep them totally informed, whilst at the same time cutting through the huge swathe of hopefuls to get you noticed and then negotiating the most favourable contracts!
Music managers can manage Bands, singers and DJs. The role of a music manager is extensive, often tasks are divided among personal managers, business managers, tour managers, agents, bookers, and promoters.
Artist & Personal Managers
Good managers are a great advantage and a bad one could ruin your career so choosing the right person is a major step with many of the most successful artists working with their managers for many years.
PROFESSIONAL MANAGERS
Make their living solely from artist management and often have one or more clients already working professionally or signed to a major record company. With widespread industry contacts, the ability to generate interest from A&R personnel and an excellent track record they are able to command respect from publishing and record companies.
MANAGEMENT COMPANIES
Comprising groups of managers working together these are often retained by artists with the Personal Manager working with the artist on a day to day basis. In this case the Manager is paid a share of the companies commission. The advantages of being managed by a company with a roster of clients include the opportunity to work with other managed artists and the knowledge that they will have industry respect and bargaining power. If approached by one of their staff make sure you negotiate an escape route from being managed by the company if your 'key man' decides to leave or is fired.
AMATEUR MANAGERS
This could be an enthusiast whose ambition is to become a professional manager or a Mate who knows the band and wants to help out. You have to be realistic when allowing an amateur to manage you, they are unlikely to have any contacts, lack an understanding of the music business or have as much time to devote to your needs as a professional manager, however, if they are willing and determined to learn then the partnership can be beneficial to both parties.
There are many types of people who profess to be managers, some who have formerly managed one or more successful artists but no longer have clients, or those who are on the periphary of the music business and think they are capable of managing an artist or band. Deal with caution and ensure that you are being represented by someone who is realistic, credible and honest.
Starting off:
Early on in an artist's career, the different facets of management and marketing falls upon either the band itself or, if they have one, the manager. Because the band or artist is relatively unknown, promotion, booking, and touring are minimal. When starting off, a new music manager should establish a clear understanding of what the artist(s) want. This can be done through a written or verbal contract. A music managers' first task should be focused around a CD launch.
Compensation
Rates should be clearly stated initially. A good manager should understand the artist's perspective. A new manager has no experience or clout. In a band of six members, each member might receive less than the manager (who normally gets 15-20%). A tentative agreement, which can be renegotiated at a later date is often best. Managers who insist on a number that the band does not agree with can expect to be let go at the first convenient opportunity.
Gigs
It is important for a band to have experience in front of crowds. Fundraisers and talent shows are good experience and do not require a lot of commitment (in terms of fan pull) on the part of the artist. If the artist wants a gig in a pub or bar, expect there to be conditions. The following is a list of questions asked by bar owners/managers (in order of importance).
What kind of music?
How many people can you bring?
That's all. In some cases they may ask for a demo (a recording of four of the artists' best songs). The main objective for the bar owner is to fill their floor on any given night. They don't care if you're terrible they just want to see numbers. Under 75 people is generally frowned upon and will result in a minimum fee. A minimum fee could be upwards of $100. Some bar owners will waive or reduce their $100, $200, or $300 charge if the artist can pull in a significant number of people (predetermined during negotiations-usually a handshake).
Photography
While the artist is recording, a photographer should be searched. Pictures of the artist can be used for websites, CD labels/jackets, posters, and press kit. Cost for high quality rolls of film and their processing could be upwards of $200 for 150 pictures (labour not included). Finding a photographer friend is helpful but don't expect him or her to cover material cost. Have the photographs taken before your CD designs or artwork go into production.
CD launch venue
Once a production date is given you can safely go out searching venues. CD launches are more attractive to bar owners because it nearly guarantees an audience. Consequently CD launch venues are relatively easy to land. Try to book a place where the crowd will feel good walking into and out of. Presentation is everything. The crowd should be talking about the artist on arrival; not the crappy conditions of the neighbourhood or bar. The size of the venue should be relative to your means. If the place is too big, the artist will look unimportant. A small place can be a good thing. Just make sure the stage can fit the band's gear.
Press Kit
Once a CD launch date is established a press kit should be prepared. The press kit is used to contact the press to promote the band. By this stage in the artist's career they should have a good grasp of their level of talent . A press kit consists of:
Pamphlet with artist(s) biography, career highlights and pictures.
A written article about the artist that the press can easily edit and submit in their paper (less work for them).
A demo CD (in some cases the entire CD should be sent so the magazine/newspaper/radio station can review the entire CD.
Two tickets to the CD launch (if there is one)
It is important for the press kit to be flashy and attractive. It does not have to be expensive.
CONTACTING MANAGERS
HOW NOT TO DO IT!
"hi steve my name is bill im a hip-hop artist real good at it to..im in the newyork area and um...i have studio experience and writin skills...im also a song writer for like pop, and r&b..and im in real desperate need of a manager so if you or anyone you know is interested in dealin with someone like me email me and let me know...its xxxxxxx@hotmail.com...i really do need a manager thank you for your time..."
as a manager this would turn me off straight away. you have to put yourself in the managers shoes and think that they receive hundreds of demos, letters and emails every day. what will they really want to know and what will make you look different? there are a few key points in here, but it's all run together and hard to read.
key points here:
hip hop artist
based in new york
studio experience
writes own material
looking for a manager (obviously!)
HOW TO DO IT!
bill actually sounds quite promising but what he left off is the things he has achieved with his music. for example, has he played live anywhere? to how many people. which studio has he worked in and with who? has he released any records and if so, how many did he sell and how? does he have a fanbase and if so, how many people are in it? how does he keep in touch with them? does he have a website where steve could check him out or should steve come back to the ArtistManager.com site to see bill's picture and hear his music?
you get only one chance at a good manager and you have to give him all the information he needs to decide if he wants to contact you. Here's an example of a message sent by an artist to a manager recently.
How not to do it. "seeking management. visit my website for my bio and music samples...etc.. If you're into it, drop me an email with your comments and info and then we can go from there.." why should any busy and successful manager take the time to visit anyone's website on the strength of this message? no idea of the kind of music played, the achievements to date (record sales, live performances, press mentions, fan club numbers) or why the artist thinks that the manager would be interested in his band in particular.
you have GOT to put yourself in the manager's head and think for a moment! what would YOU want to know if you were a manager?
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