Artist management for the music business / Paul Allen. p. cm. Includes index. ISBN (pbk.: alk. paper) 1. Music trade--United States. 2. Music management was seen as one of the few ways that someone with enough The artist looking for the perfect manager is, of course, doomed to. There is no nee sitting down on your PC and start creating an artist management contract from the ground up. Just imagine the amount of time you are going to.
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therance of his career as a musician, recording, and performing artist and in such new WHEREAS, Manager by reason of Managers contacts, experience and. guide to understanding long-form artist management contracts, hopefully assisting in The Artist shall pay commission to the Manager at the Commission. Artist Management and Booking. The artist's team. A relatively well-established artist traditionally has four different entities working in the artist team: a manager.
Renewals and Extensions. P a g e 37 The contrac t shou ld spell ou t the limits and parameters of the continu ing management relationship and the commission arrangement betw een the manager and the leavin g grou p member s.
How many d ays before the end of the term shou ld notice be given renewing or extending the contract? Is renewal or extens ion au tomatic if no notice is giv en? Make su re that these very i mportant issu es are addressed in you r contrac t. You s h o u ld decide whether such renewal or extension is made at the sole discretion of the manager. A severabi lity c lau se is a provision in a contrac t s tatin g that. A minor is a p erson who is u nder the age of lega l maj ori ty. As a manager y ou mu st do you r best to find ou t the tru e age of you r client s or els e risk having the enti re contract rendered nu ll and void.
It is extremely important to spell ou t when and how the con tract gets renew ed or extended. This is usu ally done to allow the manager the flexibili ty to join or partner with other companies or investors y et s till be able to perform the du ties u nder their con tract w ith the artist. Most contracts will allow the man ager to assign thei r du ties and responsibili ties to an associate. Key Man Clause. This is a contrac tu al provision requ iring a party to perform some service or achieve some goal.
Performance Clause. Managers may also wan t to be able to assign the contract to another member of a management firm shou ld they have to leave the company. To be fair to the company. P a g e 38 Assignments.
You do not necessari ly need to have the contract notarized. P a g e 39 General. Another clau se will show that the manager has advised the artist to s eek legal c ou nsel before signing the con tract. Most contrac ts inclu de some other general c lau ses that fu rther clarify the complete u nderstanding betw een the parties.
Another clau se will iden tify the contract as a complete u nderstandi ng between the parties and compel any changes to be made in writin g in order to be enforceable. Of cou rse. Y ou can then break the lon g-term goals into several short. You may be able to do this on you r own or hire a sty list to help with imagi ng.
These will be the lon g-term goals. You may find it necess ary to fine-tu ne some things in ord er to p res ent a more accu rate image to the pu blic. Some cli ents may simply want to record an albu m or a seri es of singles to mak e av ailable for download. Make su re that they are comfortable with not on ly who they are. Others may wan t to es tablish an independent label to release thei r own recordings.
This will enable y ou to keep track of you r progress and make changes accordingly. It i s very important to set dead lines for each goal. Not all cli ents hav e the same goals. It is mu ch better to do this earlier on in the process than to p roceed and try to change the image later. James Taylor. It is possible that you r c lien t may be challen ged if they u se the name. In any event. George Mic hael. Define the sound or style Most artists have a very difficu lt ti me defining their s tyle of mu sic.
Even thou gh most artists want to resist being pigeon-holed s tylistic ally. In ord er to be memorable and cu t throu gh the clu tter. What would be the benefi ts or drawbacks of each decisi on? Some artists hav e a di fficu lt name to read or pronou nce. This is cru cial if only from a mark eting standpoi nt.
Sarah McLac hlan. Another thing to consider is what you would do if your client has the same name as another artist who is already well-known to the pu blic e.
Evaluate the name In this age of social n etworkin g. To find this informati on you will have to start wi thin the inner ci rcle of you r fan base and w ork ou twards. You shou ld tak e this time to talk to you r client abou t establishing a corporation to separate personal and bu siness assets. Th e most effectiv e and effici ent way to do th is is condu ct a su rvey questionnaire on your website in exchan ge for something free or discou nted.
This data will also be u sefu l to a poten tial brand partner. Use this time to add ress an y back taxes owed or legal issu es that are u nresolved. You may have to sch edu le consultations with an attorn ey and an accou ntant or financial advisor to help with some of th ese issu es.
You will u ltimately be sellin g produ cts and services to this demographic. The sooner y ou start doin g you r researc h the better. Begin by pollin g the people on you r mai ling list or in you r fan base and you will soon begin to d evelop a p rofile or a set o f profi le s. This can be tricky someti mes since most clients have inad equ ate fu nds to take care of some of thei r more p ressing legal and accou nting issu es. There will inevitably be periods of time when things slow down. These s trategic alliances wi ll help you achieve su ccess in the lon g ru n.
Even when there is income. The remedy is to have differen t c lients in di fferent gen res all at different stages of their c areer.
You as a manager wi ll be the coordinator of that team. It wi ll be u p to you to fi nd the right members of the team and help to coordinate the activities between them and your client. You can always hire ou t most of the other servic es e. Develop a plan for surviving during the lean periods It often tak es a while for you r cli ent.
Besides the fac t that a su pport team will keep the machine ru nning smoothly. Ask for rec ommend ations or utilize the variou s direc tories mentioned th rou gh ou t th is manu al to pu t you r tea m to ge th er. The objec t is to find people that are good at what they do.
The team. This way. The plan is to arran ge it so that the lean periods do not all happen at the same time for all you r c lients. P a g e 44 For example. This cou ld be anything from compilations and remixes to releases in di fferent formats. Following are some of the deals that you may encou nter: K eep in mind th at since th e mu sic indu stry is constantly ch anging.
The demo fu nd ranges from. Most o f th ese definitions a re b asic. It is also worth noting that i t is significantly more difficu lt to work ou t a deal w ith a major record label. In all cases. The label will have. In additi on. In these ins tances i t wou ld help for you to know what ty pes of deals are av ailable for artis ts. P a g e 46 If they do not lik e what they hear and choose not to si gn the artist they will have a 6. These types of deals are happening less and less now as labels seek to redu ce their risk exposu re by sign ing artists that are already well-d evelop ed.
The artis t will normally keep the demo once they move on. This means that if any other label offers the artist a d eal in that time frame. If the artist fails to matu re to the approp riate level they can be let go. There is a bi g difference in the lev els of financi al and proc edu ral commitments mad e between maj or record labels and independen t labels.
These types of d eals are stru ctu red as a way for the label to tes t the viabili ty of an artist before committing more fu nds to a wider release.
They accomp lish this by signing distribu tion deals wi th su ccessfu l independent rec ord labels. Trad itionally. P a g e 47 Independen t labels generally have less of a bu dget to spend. Singles are often released in the form or rin gton es or some other digi tal repres entati on. If the song is not u sed. In this arrangement the independent label or production manu factu ring.
If the company approv es the song. P a g e 48 In some instances. The independent labels get th eir records distribu ted and marketed throu gh the major record label distribu tion system. The assets of the independent label can also transferred to the major label in exchange for sharing of the royalties. Upon completion of the song. Fi nal payment is mad e if and when the song is actu ally synchronized or otherwise u sed in the completed p roj ect. If the produ cer has major label hi t song produ ction credits.
These deals are generally offered to labels and produ ction companies with provable sales histori es. An independent artist is more likely to encou nter a p rodu ction contrac t than a recording contrac t early on in their careers.
P a g e 49 When the distribu tor provides marketing services. In some cases. In other instances a record produ cer finds an artist and si gns them to his or her produ ction company in ord er to produ ce an albu m that can be shopped to a record label. Sometimes a rec ord company signs an artist and then hires a produ cer to p rodu ce the albu m. The types of distribu tion deals that independent artists have available to them are mainly those of di gital dis tribu tion v ari eti es to on line s tores like iTunes.
The record company typically assu mes responsibility for paying mechanical royalti es to mu sic pu blishers that con trol the song cop yrights on the recording. The produ cer is generally responsible for paying artis t roy alties from the gross income received from the record comp any.
The produ cer fu rnishes a completed mas ter recording. Owners of the master recording generally the reco rd labe l on ma jor recordings. The legal copyri ght owner k eeps all copyright ownership of that son g or albu m even while the licensee u ses it. Copyri ght owners earn money when people pay for the ri ght to u se the song. In exchange for payment. The record company assu mes the responsibili ty and expenses of manu factu ring. The licensee is normally allow ed to sell off all remaining produ ct at the end of the term.
The contract will u su ally requ ire the licensee to release the albu m within a specific time frame or else lose the license and retu rn the produ ct to the lic ensor. In these instances. Merchandising deals hav e become a significant factor rec ently in helpi ng to offset the hu ge cost of tou ri ng.
Wi th retail merchandising. Wi th mail order. This agreemen t can be either tied to. These deals are u su ally offered to writers with some degree of su ccess. Thu s. The songwri ter assigns an agreed percen tage to the pu blisher.
Becau se the w riter has a track record of w ritin g hits. In single son g d eals. The wri ter becomes the "co-pu blisher" i. Under a staff wri ter deal. Under this coveted arrangement. In an " admin deal. Lik e an accou ntant or bu siness manager. Under this arrangemen t. Careful attention must be paid to potential conflicts of interest arising ou t of su ch arrangements. Latin A merica. They are like admin or collec tion deals wi th no ownership o f the copyrights being transferred to the sub publisher.
Under this pu blishing deal. In this case. GA S Ge rmany.
These are ju st some of the deals you or you r client might encou nter alon g the way. How ever. As menti oned earlier. As one wou ld expec t. Endorsement deals u su ally requ ire the mu sician to endorse the produ ct by mentioning the p rodu ct in ads and in terviews. P a g e 55 Mu sical equ ipment manu factu rers p refer to app roach mu sicians who have sold a lot of produ ct or have c redits on major record label releas es or tou rs.
Some equ ipment manu factu rers have informati on on their websites regarding su bmission polic ies for endors emen t deals. In exchange fo r this added exposu re. Pollstar Billboard http: Contac t information for many of these people can be fou nd in some of th e mo re repu table mu sic indu stry direc to ries avai lab le from compan ies like http: Following is a d escription of some of the di fferent p lay ers you mi ght encou nter in the cou rse of performi ng you r du ties: You will need to know what each of them does and u nderstand how and when to u se them in the cou rse of condu cting y ou r business.
Bookin g agents u su ally have solid contac ts with venues. That means that it is better for a beginning artist to play and fill smaller venu es. Booking agents can be invalu able when it comes time to organize a t o u r. They sometimes play a role in the show itself by operatin g gu itar effec ts pedals. Keep in mind that the larger booking agen ts tend to be interested in workin g with artists who are si gned to a label and have financial tou r su pport.
The agent also d eci des which radio stations will do ticket promotions free giveaways. In with artists to other words they book and find arrange employment opportu nities for artists. An additional fu nction for the distribu tor is to invoice the retail stores and collec t money for p rodu ct sold. Dis tri bu tors attempt to convince retail stores to bu y and stock label products.
They then pay the record label any money owed according to the terms of the distribu tion contrac t. On some occasions distribu tors will offer to manufacture and distribu te the records in retu rn for a large r percen tage of the sales p rice.
They provide management systems. These types of deals only get offered to labels or artists that hav e a track record of solid sales and a relatively large c atalog of releases. A ll the ou tpu t signals from the mu sicians microphones and instru ments DI ou tputs.
Thei r du ties inclu de tracking and docu menting v enu e expenses. Thei r jobs become criti cal du ring events where the promoter is ru nning the show where the promote r rents the venue. The fron t of hou se engineer applies and controls the volume and effects e.
P a g e 59 The major label distribu tion system involves some other indu stry players as part of the network. These inclu de one stops. Record c lu bs bu y recordin gs from labels and th en resell to thei r members at discou nt prices. Rack jobbers are middleman that bu y records from labels and then stock them in the racks that they operate within retail stores.
One stops are midd lemen who bu y records from labels and then make them available to local rec ord s tores that p refer the convenience of one stop shopping. Mechanical right societies collec t mechanical royalti es from licensees and periodically distribu te the earnings to members. They charge their affiliates a commission of gross mechanical roy alties collected.
Li gh ting designers a re u su ally brou gh t in wel l before the show takes place. The lighting designer does not always tou r with the show. Sometimes the lighting design er and lightin g director is the s ame p erson. The li ghting director also tells the spot op erators where to shine the spotli ght and what cues to look for. They operate a sep arate mixing board that feeds the sou nd from the equ ipment and microphones back to th e stage o r earpiec e th ro u gh monitors th at th e mu sicians can h ear.
In comp lex monitor setu ps, each mu sician can h ear a s eparate mix. At commercial radio stati ons, this job is being don e more and more. The second type of Mu sic Director is a person hired by an artist to au dition, rehearse and lead a backing band on tou r or du ring select performances.
The third type of Mu sic Direc tor scores and arran ges mu sic for fi lms , television p rograms , commerci als , or library services, and who u su ally also condu cts th e orch estra reco rding th e mu sic for su ch u sages. Hotels, res orts, theaters, chu rches, arts centers, commu nity centers, etc. They take c are of the administrative. Songs can hav e many u ses besides being recorded on an albu m. Songs provide the mood for movie scenes. Pu blishing, like copyri ght, is a very comp lex topic that goes beyond the scope of this e-Book.
Music Supervisors Mu sic su pervisors are the peop le responsible fo r secu ring mu sic for. They participate by find ing, su ggesting and negoti atin g for the rights to u se record ed mu sic in films and other p rojec ts. They are in constant commu nication with music libraries, mu sic pu blishers, record labels, songw riters and c ompos ers , etc.
They negotiate fees , monitor and collec t royalty payments from establishments and venu es e. Sou nd Exchange compen sates rec ordin g comp anies and arti sts for the u se of thei r mu sic by digi tal mu sic service providers.
Each organization has different criteri a for accep ting or rejec ting applicants. They can be fou nd online at http: P rod u ct managers work closely with other departments. Other names for professional managers inclu de song plu ggers, catalog managers , or c reative managers.
In addition to plu ggin g son gs, the position sometimes also inclu des other du ties , su ch as scou ting, signi ng, and developing talent, producing demos, and interacting with licensees.
The Program Di rec tor PD decides what the ov erall programming for the radio station shou ld be. They normally get paid a week ly, monthly , or per-p roj ect fee for their efforts. The pu blicity efforts can help artists to attrac t in du stry and pu blic attention, pu blicize a releas e or tou r, and increase the fan-base. Pu blicists assist in getti ng articles , in terviews , revi ews, featu res and news items w ritten abou t thei r clients , as w ell as responding to inqu iries from medi a personnel and other individu als.
PR fi rms can also be instru mental in secu ring sponso rsh ip deals for tou rs. Pyrotechnics are among the most d angerou s effec ts u sed on stage, and many states and cities requ ire that Pyrotechnicians be licensed before they can legally u se pyrotechnics on stage. Wh en you h ave a comple x campai gn u nder way, it h elps to have a sin gle point p erson that all i ndividu als can report to.
The radio campaign can ru n anywh ere f rom a f ew w eeks to a f ew month s and can cost anywhere from a few thou sand to tens of thou sands of dollars. A good produ cer wi ll help keep the artists inspired and motivated , and prev ent them from reaching for the same predictable riffs ov er and over agai n.
Many ti mes p rodu cers p lay the role of talent scou ts and are the ears of the record labels in their area. As a manager you will w ant to make relationships with as many good p rodu cers with contac ts and c red entials as possible. The grou nd riggers also prepare cable for bridle and d ead hangs. Record distribu tors hire rou te peop le to sell and deliver.
Stewards are also the people hired to help su pervise or manage a concert or other event. Talent Bu yers are employed by hotels. The sellin g agent is u su ally a p rint publisher with expertise in designin g. They are the ones that c an often be fou nd in clu bs and on the streets listening and looking ou t for u p-and-coming talen t. They can u su ally be fou nd on larger tou rs and shows where major label artists are performin g.
The AFM n egotiates terms of of employment for s ession mu sicians with record companies. Now adays. AFTRA negoti ates terms of employment for actors and annou ncers with broadcas ting networks. P a g e 69 programmin g and n ew technologies.
In the beginning. There is no dou bt that there are many rewards to be had if everything is p lanned ou t well. You sh ou ld serv e you rse lf a l a rge dos e of re ali ty b efo re you ventu re ou t i nto the field of artist managemen t.
Even thou gh some solu tions are offered. The smart manager is the one who is willing to consider many of the problems that may occu r in the cou rse of doin g their job. How do you expect the band to tru st you if you start the relationship off with a lie?
The manager-artist relations hip mu st be based on mu tu al tru st. They may hav e had a bad exp eri ence wi th anoth er manager previou sly. If there really is something negative in you r past that they have been made aware of. You may need to convince the person that you are safe to si gn with. Something you did in the past may have been brou ght to their atten tion. If something negativ e has taken place in the past. Th e person may th ink th at you are u nqu alified. Whatever the cas e may be.
They may simply be nervou s abou t signing anything with anyone. P a g e 71 Fol lowing a re ju st some of th e many ch allen ges th at you cou ld encou nter in the field of artist management.
Do not try to sign the grou p withou t the signatu re of the obj ecting member. As you approach a grou p with a management offer. One of the group members is not interested in signing the management deal. Commu nication skills are absolutely vital in the field of artis t management. Besides talking on the phone. Lack of or bad communication between you and your c lient. As temptin g as it is. This is a very common problem th at occu rs betw een man agers and their cli ents.
P a g e 72 All members of the grou p have to agree to and sign the management contract in order to be bou nd to it. If you fail to convince the grou p to sign with you.
A ll id eas and concerns shou ld be address ed as s oon as possible. You r clients shou ld know that all corres pondence mu st go throu gh you and be discu ssed befo re being acted u pon. They may see the li ght at some point in the fu tu re and approach you again abou t managin g them. Band members or artists shou ld feel comfortable talking to you abou t anything that concerns or i nterests them at any time. Not on ly do you have to be able to commu nicate well wi th you r clien t. Keep u p with the local mu sic industry news and newsmak ers in you r area.
P a g e 73 Keep in mind that the cli ent is looking to you for career advice as well as ideas and su ggestions. You can avoid or limit mu ch of this resistance by commu nicating w ell with the grou p or artist BEFORE spending time trying to line u p the deals.
The more c redible you are with information. An absolu te mu st-read is Billboard h ttp: It is not u nu su al to find resistanc e to the deal that is on the table from one or more members of the grou p.
These may inclu de record deals. You shou ld know how the grou p or artist feels abou t each type of d eal. If not add res sed qu ickly. If some members feel that they are contribu ting more to the grou p than they shou ld be. The bes t way to handle this situ ation is to design ate tasks to each member so that all members feel li ke they are con tribu ting to the overall su ccess of the grou p.
Besides rehearsing and performing. P a g e 74 Do not w aste valu able time talking to indu stry professionals and having an attorney negotiate a deal ju st to have the grou p or artist refu se to sign it.
Some group membe rs working harder than others in the group. It is not u nu su al to find that in a grou p. This agreement is c ru cial becau se it spells ou t the rights and responsibili ties of each band member. Names and logos cou ld belon g to a single band member. If a p articular member seems to be the weak link in the chain. P a g e 75 Whatever you do. Su ch a decision wou ld have to be voted on by the whole grou p or dealt wi th in the manner detai led in the band partnership agreement.
This decision can be complicated if that member also happens to be the lead singer. Band members refuse to sign a band partnership agreement. Th e reason wh y you sh ou ld get this done immediately is becau se it is mu ch easier to get the band members to agree to terms of an agreement while they are s till fri ends and before a deal wi th su bstantial amou nts of money is on the table.
Topics covered in the band partners hip agreement may inclu de: In the end. The band members wi ll have to decide what shou ld be considered a profi t or a loss. The band will have to determine what even ts will constitu te the dissolu tion of the band e. Who will have the ri ght to hire and fire band members. Th ese are ju st some of th e main iss u es th at sh ou ld be inclu ded in th e agreemen t. The pu blishing will belon g to the writer s of the songs the band reco rds.
This will have to be spelled ou t in the agreement. This issu e is the single most complicated issu e and the most con tentiou s one to d eal with. Chances are that the sou nd recording wi ll belong to the whole band. Most importantly.
The contract shou ld also indicate th e amou nt of time the member or artist has to attempt to remedy the situation. Y ou may even believe th at m u ch you rself. You may find that. You sh ou ld att empt to work th ings ou t intern ally and get the situ ation resolved early.
If the breach is minor. The band you sign may be extremely talented and exp ect you to walk them ri ght into the Sr. P a g e 77 The band or an artist breaches the management contract. Initi ally. Try to keep ou t of the cou rt system as mu ch as possible. If all the parti es involved follow the spirit and word of the contrac t and commu nicate clearly and in good fai th at ev ery opportu nity. Talk to the band abou t a realistic game plan before you sign them and let them know that you will all need to do a lot of work before su ccess can be attained.
So me times th is is u nintentional. Bein g know led geable abou t all aspec ts of the mu sic bu siness and having lots of indu stry contacts wi ll help you feel in control of you r situ ation.
Many attorneys fail to reali ze that their job. You shou ld take the time influential to voices build and your d at a b a s e tastemakers of within contacts.
It will take you a while to gain the tru st of the people that you need to have relationships with. Every once in a while somebody wi ll offer something di rec tly to you r client wi thou t going throu gh you.
Mos t problems can be avoid ed with a policy of c lear. If things start to get ou t of hand. People attempting to bypass the manager in order to communicate directly with the artist. A lot of p eople in the mu sic bu siness with no clu e of how things work think that a manager is only necessary for artists signed to major labels.
P a g e 79 Ideally. When you r client instru cts the individu al to contact or meet wi th you. Even worse. Howeve r. Even while maintaining you r management du ties. If y ou have a good repu tation within industry ci rcles. Major labe l recommends that ba nd artist finds new management. The main thing for you to u nderstand is that sooner or later. The best way to handle this situ ation is to c onfron t it head on and add ress i t early with your client. P a g e 80 To prevent this kind of behavior.
This is often bec au se the label wants to mak e su re that the band is rep resen ted by a manager that is able to properly manage the artist at that level. If you deal with people honestly and do what you promise to do. Somebody spreading rumors about the manager in order to get the artist to leave. Th e h igh er u p you rise in th e mu sic bu siness th e more like ly it is that you will bec ome a casu alty of industry politics.
E n e m i e s can appear in the form of a dis gru ntled ex. An u nknown manage r. A new. Be p repa red to deal wi th th ese situ ations. You can u se the fact that you got the band signed along with some of the money you made from the deal to si gn other artists to you r management company. A new man ager may be temp ted to go after ev ery offer. Complicating matters is the fact that even independen t labels are starting to offer artis ts deals that provide for in-hou se management as part of th e de al.
Th ese managers have repu tations arou nd the world and know what to tu rn down and when to take advan tage of opportu nities. Y ou sh ou ld h ave a clau se in you r contract th at describes wh at sh ou ld h appen if or more li kely. Make su re that you recou p any money that you might have spen t on the band in the early days and ask the band if they can thank you in their album credits.
If you play ball and go along with this. As a new manager. Manager lacks contacts. You will have to do some research in order to find the names of and contact information for industry people ou tside of you r region.
Attend all local mu sic seminars. If you intend to be in the bu siness for a while and retain artists on you r roster. Uti lize the internet and follow and be-friend influ ential mu sic industry voices and tastemakers within social netw orkin g ci rcles. Nobody is interested in simply doing you a favor. Most artists and some managers think that getting signed to a major label or to any label..
K eep in mind the principle that people will w ant to w ork with you if there is money to be mad e i. Eventu ally you will have a large database of contacts from which to selec t for you r shopping or partn eri ng pu rposes.
Keeping the record label focused. You will need to bu ild tru st between you and a contact before they start taking or retu rning you r calls.
Begin by wis hing them a happy birthday amazing how muc h you can discover from social networking sites. There may ev en be ti mes wh en you and you r band h ave to spend you r own money to p ay fo r an independent pu blicist. P a g e 83 Making de ep connections takes a w h ile to accomplish. A t th at point. There cou ld be any nu mber of things that cou ld be h a p p e n i n g. Y ou might find that the indu stry bu zz is fading.
Another common p roblem that you may encou nter is one where you feel that. Decent progress has been made. P a g e 84 You will have to spend time on th e internet bu ilding you r mai ling list and workin g on pu tting together an independent street team for additional help. You may have to come up with some additional money to execute you r new ideas. You r band might need a differen t long. You r ideas will be shaped by the type of music you do and the typ es of peop le that make up you r fan bas e.
Obviou sly. Maybe you need to chan ge the nu mber of people in the band. Mayb e you need to work on bu ying on to a tou r as an opening act wi th an artist on a major label in ord er to inc rease you r exposu re. Find different incen tives to get people to come to your shows.
Perhaps you might need to play less often in you r town. You will need to come u p with fresh ideas to move the p rojec t forward. Depending on the natu re of the ban d. Perhaps your social networking c ampai gn needs to be re-energized. The bottom line is. B ands have been known to spend too mu ch time and money on the recording p rocess and on bu ying equ ipment for thei r personal u se. They may need a new manager. Work with a good produ cer that can help you get the record finished on time and u nder bu dget.
This section pertains mainly to managers with bands signed to major labels with a large recordi ng bu dget. P romotion costs a ridicu lou sly large amou nt of mon ey. Perhaps you need to find some sponsors or brand partners to help fu nd a more exp ansive tou r in order to reach a larger fan base. P a g e 86 Maybe you need to do more intervi ews to display your bands personality to the pu blic.
The band or artist is spending too much of the budget recording the album. If you try a bu nch of new things and nothing seems to be working a cou ple of years later. If the p roblems inclu de things like the attorney missing deadlines to hand in drafts or contracts. Part of you r management du ties i nvolve working wi th the band to hire or retain peop le to help with the project. Manager has problems with another member of the team publicist.
If the problems or issu es are personal an d the team member is valu able to the project. Most of these types of personal problems c an be i gnored u ntil the end of the tou r. From time to time. You shou ld first take s tock of what the problems are. P a g e 88 Whatever you do.
As a man ager. H ere you will be requ ired to pu t emotions aside and deal with the situ ati ons strictly from a business standpoint. There may come a time when. You shou ld stress the importance of formu latin g a game plan that cu lminates in the band or artist bein g able to earn a livi ng throu gh mu sic. The most common reason why bands or artists want out of the deal is that the manager has breached a clause in the contract.
Despite the challen ges. P a g e 89 These are ju st some of the challenges you may encou nter as a manager. No o th er posi tion in th e mu sic indu stry requ ires as m u ch flexibi lity as that of artist management. Generally speakin g and in very simple. Another thing to keep in mind is that en tire books have been written on the topic of copyri ght. It is highly advisable to retain the services of an experienc ed entertain ment attorney to revi ew all paperwork relating to particu larly the copyri ght if contracts and p ublishing interests of your clien ts.
Having a general u nderstanding of copyright basics will allow you to explain certain things to you r clients and h elp th em avoid th e types of scenarios we o ften see played ou t in th e cou rt system.. In fact. Particu larly in the major label system and often even wi th indie labels. Su bject matter of copyri ght: In gen eral a Copyri ght original protec tion works of subsists.
Works of au thorship inclu de the following categories: Mu ch of this has to do with a combination of s trong egos and a lack of knowledge abou t copyright law. Among mu sicians and songw riters.
To avoid prob lems it is a lwa ys best to discu ss. It is easy enou gh to determine that whoever w rites the lyrics shou ld be a co- wri ter. Most of the p roblems arise du ring the w riting or recording sessions when the ly ricist tri es to determin e whether or not mu sicians shou ld get writin g credi ts.
In terms of the mu sic composition. Keep in mind that ev en when the lyrics are w ri tten including a vocal melody 10 different mu sicians will come u p with 10 differen t chord progressions i.
When mention is made of the categories of au thorship. In no place does the law ever mention the fact that only the ly rics make the song. Technically speaking. On the Form CO if you choose to use it. The bass line. This certific ate of regis tration cou ld be u sed in a c ou rt of law to help you recover money d amages in the ev ent that somebody in frin ges on you r copyright.
P a g e 93 A lot of lyricis ts like to take sole songw riting credit of a song by classifying the arran gement. Once again. You can u se the eCO system or fill ou t the Form CO to register you r works onlin e by visiting the Library of Congress website at http: For all options. Paper forms e. They c an be reached online at http: If the song has previou sly been released to the pu blic you may reprodu ce it by taking ad vantage of the compu lsory mechanical license p rovision of the copy right law.
This can be exercised by s ervin g a notice o f intention on the copy right owner. The Harry Fox Agency can be reached at http: This will gran t you permission for the mechanical rep rodu ction. If you intend to u se a sample from a song or albu m you will have to obtain a master use license directly from the owner of the sound recording. For major label recordin gs. P a g e 95 The owner o f the sou nd reco rdin g is u su ally iden tified somewhere on the recordin g itself.
In addi tion. As mentioned earlier. It is recommended to u se a mu sic clearance specialist to assist with obtaining the ri ghts to u se samp les wi thin you r composition s. The redu ction of profits largely due to recorded sales declines. Sony Mu sic Entertainment. Universal Mu sic Grou p. As mu sic consu mption moves away from the CD model and towards downloadin g. This wanting a share of income derived from multiple sou rces is cau sing artists w ith contracts up for re-negotiation to leave the labels and cou rt non- traditional investors.
Th e mu sic industry is cu rrently goi ng th rou gh a tremendou s amou nt of change and tu rmoi l. Throu ghou t history. The labels also have a lot of experience and expertise in the bu siness of creating mu sical su perstars that are cap able of havin g great influ ence on the general pu blic.
If some governi ng body decreed that startin g tomorrow. In the world of entertainment — and in mu sic in particu lar — the major record labels are and have been responsible for delivering those global su perstars to u s. As it cu rrently stands th ou gh.
Ind eed. That d ecree wou ld not s tand. Think of all the su perstars singers. And the reason why there will continu e to be a need for major labels even i f they consolidate. As yet. P a g e 97 With shrinking profits and a redu ced nu mber of artist signin gs. Althou gh the process i s now very s tatistics. Consider that su perstars like Celine Di on. P a g e 98 su perstars. Solicited sou rces inclu de upstream deals from independent labels.
Even th ou gh th e cu rrent conu ndrum is one of h ow to get people to pay for the mu sic they are listening to.
Every active artis t leaves a trail of some kind. In ord er to minimize the risk. A ll the major record labels. Most often. P a g e and potential movie roles. How major record labels evaluate and sign talent Becau se of the redu ction in profi ts from CD sales. Talent is rarely ever discovered from a demo tape s ent in to the comp any.
A mere fraction of the artists that pu rsu e major label d eals ev er achieve the objective. P a g e In ord er to faci litate this arran gement. You cou ld chase the deal for many years yet nev er get within a hu ndred miles of si gning a deal.
They look for arti sts that can be dev eloped into a brand that can be monetized. Wi th the introdu ction of 3 60 deals. Taking all this u nder consideration. Giorgio Armani. The label can also c ou nt on a percen tage of these p eople to pu rc hase tickets. Since the arti st has already been exposed to those people.
You Tube or from a popu lar television or i ntern et competi tion. Crystal Geyser.. For those artis ts. Most labels and in particula r. This exposu re provides the artis t with an instant fan base of sev eral hu ndred thou sand or even a few million peop le that the label can immediately exploi t. Therefore lookin g forward. This is becau se you nger fans even though downloading they seem activities to be are responsible typically for most most of the passionate illegal about entertainment in gen eral.
Research shows that you nger fans are the most influ ential d rivers of new mu sic. If a bidding w ar ensu es with other labels. In addition to not being good wi th artist dev elopment. The fou r major labels are cu rren tly not good at or interes ted in artist dev elopment. Nic he projects do not work well in the major label sys tem. They are also most likely to pu rc hase artist-brand ed produ cts that the label c an generate additional income from. B lue Note with Ja zz.
P a g e You ng fans are i mpu lsive and respond very qu ickly and p assionately when they feel emotionally connected to someone in the entertainment field.
Def Ja m wi th Neo-Soul. Since major responsibili ties investors. Bec au se they are most su sceptible to peer-pressu re. You ng people in gen eral spend most of their money on entertain ment including music.
Some although not all of the op tions include: Positioning you rself to si gn a d eal w ith a major record label. Pu rsu ing a deal with an independent reco rd label with majo r label distribu tion. Recording and releasin g you r own p rodu cts DIY.
Positioning yourself to sign a deal with a major record label. For the vast majori ty of artists , bu ilding a fan base, produ cing recordings independ ently , and tou ring will be the only options av ailable to them i f they wish to pu rsu e a career in mu sic. However, there are a cou ple of things to k eep in mind if you represent a you ng artist wi th brandin g poten tial and wish to pu rsu e a major label contrac t.
Fi rstly, the artist mu st fit the major label profi le as discussed earlier in this section. Solicited sou rces inclu de attorneys who have negotiated d eals with or been responsible for signin g artists. You can find information abou t major label artist rosters in directori es. You can also discuss the possibilities of opening for the band on tou r.
Approaching produ cers who have major labels credits. If you havent managed to get anything of si gnificanc e done in 5 y ears, you mi ght need to reevalu ate the relationship anyway. A and other managers in other territori es arou nd the world inclu ding Can ada, Eu rope, A sia, Au stralia, A fric a, Sou th Ameri ca, etc.
Scope of duties. You r contrac t will have to spell ou t the obligations and du ties of each individu al. Fo r example, m anagers will o ffer to render adv ice, provide c areer gu idance and cou nsel, and perform other relev ant s ervic es that the artist may requ ire in ord er to fu rther his or her career. The artist will p romis e to mak e him or herself av ailable exclu sively to the manager , be prompt for all engagements , refer all approaches and offers mad e by third parties to the manager, reveal all income that is commissionable within the contrac t to the manager, etc.
The scope of du ties is an important part of the agreement becau se if one party fails to perform his or her du ties there may be cau se for a c laim of breach of contract. You r contrac t will have to spell ou t what each side is expected to rec eive.
The parti es can receiv e advice, income, c redit, commission, career developmen t, pow er of attorney or any thing else that has been negotiated at the table. The bottom line is that each side mu st rec eive something considera tion in order for the con tract to be valid.
Almost all management con tracts will grant the manager exclu sive rights of representati on. That means that the cli ent or artist cannot hire another personal man ager to represent them at the s ame time.
This, however, does not stop the manager from rep resen ting more than one client. Sometimes the manager hires another manager to co- manage or rep resen t the artis t in other parts of the world.