It gets tricky, because lawyers cost money, no doubt. But, really, you shouldn't sign any kind of substantial document without at least having your attorney review it. And, as an artist, you'll have at least one time where you must have your own attorney; when you sign with a manager.
Remember the band I mentioned in the discussion about Evaluating an Artist? When it came time for them to sign my management contract, I told them they should have an attorney look at it.
This is an 11 page document - much of it in "legalese" (as you will see in this week's assignment) - that binds you into certain terms and conditions for three or more years. Never, ever sign anything like that without having an attorney (working for you) review it. This is how you end up with horror stories like the contract involving Kesha.
[ Kesha breaks down in court as judge rules she CAN’T break contract with Dr Luke ]
Yes, it costs money to have a lawyer review a contract, and, of course, the band had very little of it.
So, they asked, "Can't we just have your attorney review it?"
Well, if you look up the definition of "conflict of interest" - that would be in there somewhere! You can't ethically have the manager's lawyer, who wrote the contract, review that same contract on behalf of the artist before they sign. My lawyer was an ethical guy, and we both believe in treating artists fairly, so we finally convinced them to pay an attorney a one-time feee to review the document with their interests in mind.
Geraldine, you wrote:
Radio promotion because everyone listens to the radio one way or another the song and artist will be advertised and people will get to hear the song and recognize a new artist.
It all depends what you decide in your career plan about what route you'll take. Statistics show that a lot of people listen to radio, and there are still thousands of commercial radio stations in the United States. But mainstream radio has long been one of the promotional methods of choice for major labels. If you're trying to go the indie route, it's a little different.
I could go on and on about radio - I worked in radio for 13 years - but I'll leave you this excerpt from an e-mail I wrote to a colleague who asked about radio promotion:
"It's almost impossible to get airplay on terrestrial radio without a major label actively promoting you. There is absolutely no incentive for radio programmers (unless they’re getting payola) to add songs that don’t “test” well with audiences, and aren’t actively pushed by major labels. There are formulas they use to prioritize music – How often do you mix in a new song with less new (recent, but not brand new) songs and older songs so that listeners keep listening? They want even new songs to sound familiar to listeners – because they want to hold on to those ears as long as possible. There is a term they use – “instant familiarity” - to describe new music that strikes you on first or second listen because it sounds like other music you already know. That’s why – in these stifled formats – the new music sounds much like the old music."
If you have questions about that, let me know. I could go on for hours!
Evan, you wrote:
A manager has a special role in these entreprenuer based careers. You have to almost be a fortune teller or psychic to work with todays artists. Artists/agents/managers/businessmen time and time again find themselves into some of the biggest pickles known to man.
A healthy does of reality! None of this - none of these people - would be necessary without the artist. But an artist can only get to a certain point by themselves before they need help. Lots of it. As we have already seen, an artist manager has to know at least a little about a lot of different things, and has to be able to maintain relationships with all kinds of people. I worked with nu rock bands, and they are notorious for needing a high level of babysitting.
Erica, you wrote:
In my opinion after reading this article and just as a consumer of music, I think it is a tie between a booking agent and a manager. The article speaks about it is so vital to a artist's career and paving the road to success to have a competent booking agent as well as a competent manager. A booking agent is vital to get the artist into the right venues and keeping the artist playing in front of the right people. Even if they are already signed its still important to be in the right place at the right time.
You can probably make a decent argument for all these roles, right? At a certain point, all of these things become necessary - with the manager being the "glue" that holds everything together.
I'm glad you mentioned this though, becasue I do want to make sure everyone understands the role of booking agents.
When you're a new or developing artist, you don't just hire a booking agent and say, "Book me some shows." If only it were that easy. Booking agents get paid by commission or a percentage of the performance fee for the artist. So, for the most part, you have to be at least somewhat established as an artist - and able to demand a respectable performance fee - before a booking agent will take you on. I've actually seen showcases that were really artists auditioning for booking agents - and the agencies got to decide if the artist was even worth taking on board.
But, once an artist is established, booking agents play an important role in aggressively negotiating performance fees and routing tours in the most efficient way possible.
Ashley, you wrote:
musicians can ideally do everything themselves. most musicians are doing everything themselves by getting the right people next to them that wouldn't cost a thing to do business with.
I think this is true, to a certain point. And, ideally, yes, you would do as much as possible on your own before bringing on other people - because those people cost money. But, with every step up in your level of success (if it happens) comes further demands on your time, and lots of logistics to be taken care of.
Meagan, you wrote:
I was honestly surprised that you needed so many different people on your team. It takes way more than I had realized to create a successful artist. You need people on your team that you can trust will lead you and your career in the right direction. I also was surprised that you needed a separate person to fill the role as a booking agent. I assumed that was something a manager was responsible for.
This is a great chance for me to clarify the booking thing some more. In a management contract, there is actually a brief section that says a manager is forbidden from booking shows for the artist. It is Section 8 of the contract template provided for this week's assignment, and it reads as follows:
- Excluded Services.
Artist understands and hereby acknowledges that Manager is not an employment agent, theatrical agent or business manager, and that, except to the extent permitted by law, Manager has not offered, attempted or promised to obtain employment or engagements for Artist, and that, except to the extent permitted by law, Manager is not permitted, obligated, authorized or expected to do so.
There are a couple of reasons for this. In states where entertainment-related businesses are concentrated (like, California and New York), you actually have to be licensed like an employment agency to do this. But, also, it is intended to keep a manager from "double-dipping" - taking a percentage of the performance fee for booking the show, and also taking a manager's commission on that same fee.
In a practical sense, in the early days of an artist's career, a manager arranges shows, no doubt. That's part of what I brought to the table for artists I managed - a large network of people I had relationships with - club owners or talent buyers at many venues all up and down the East coast, and managers of artists from other markets so I could trade shows and get my artists on the bill in other markets to help them grow their fan base.
When I say "trade shows" - it's usually an arrangement where I work with another manager to get my artist to open for his/her band in their home market, so my band gets exposure to their fans, and then I allow their artist to open for mine in our home market, thereby gaining exposure for them. That's how you out together a "tour" when you're still an emerging or developing artist.
So, managers certainly have a role in getting work for their artists, until they are popular enough to have a booking agent.
Incidentally, that's one big advantage of signing with a major label - they have connections with booking agents, and they have the clout to get your artist on as an opening act with tours you would never otherwise get on.
Brian, you wrote:
A lot of the main bases to have covered in my opinion would definitely be the musician and recording situation solid...
I'm glad you mentioned that because that is not something we emphasize too much - the role of a producer in the career of a young artist. A good producer can help make the artist sound great, and the artist typically learns each time they record - different approaches or different ways of doing things. But producers also have connections.
Example: The band I've discussed earlier. They had a self-produced album recorded, and it was ok. But they had written some great news songs since that was recorded, and we wanted a top quality demo. I purposely sought out a well-known producer - in the hope that just having his name on the demo might give us a boost. It worked out even better than I hoped. While recording a three song demo, the producer was so impressed, he called a good friend of his - an A&R guy at a major label - and said, "You should come down here (to the studio) and hear this." He came right down, listened, met the band -- pretty much the best case scenario...
Courtney, you wrote:
I agree that some of these positions can be consolidated to one person or company. or instance, Publicity, Radio Promotion and video promotion all fall under the umbrella PR firm. Also, if you’re an independent band you can get away with not having such an extensive tour crew. Someone to sell merch while you’re on stage is all you need.
I think this is mostly spot on. And I do like to emphasize that all these things are "roles" or "duties" to be performed, and not necessarily a separate person in each role. As you mentioned, certain PR or media functions can be combined.
But, it can depend on the genre. If you're anything more than a one-person show, and there are multiple instruments involved, at some point, you need help to look/sound your best every night. That frequently starts with a front of house (FOH) engineer - someone familiar with your music to mix your live sound. In many cases, for less-established acts, that person also functions as the tour manager - getting logistics arranged for the artist (like travel and hotels), "advancing" the show with the promoter or venue (which usually means a phone call to discuss load-in and sound-check times, stage times, hospitality arrangements, etc), collecting performance fees from the promoter venue after the show, coordinating any other personnel that may be along (including someone to sell merch), etc, etc.
Some artist do travel light - to save money.
Michael, you wrote:
Usually I would say the lawyer is most important, but the manager is the central hub for an artist. The manager makes sure everyone has a job and is doing it correctly. The manager fully understands an artist goal and objectives and sets forth a plan to achieve them. A manager should also understand the clients financial standings and their financial statements.