Music the business ann harrison pdf


 

medical-site.info - Ebook download as PDF File .pdf), Text File .txt) or read book online. This essential and highly acclaimed guide, now updated and revised in its sixth edition, explains the business of the British music industry. Whether you're a recording artist, songwriter, music business manager, industry Ann Harrison runs her own successful legal consultancy.

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Music The Business Ann Harrison Pdf

Results 1 - 30 of Music: The Business 7 ed by Harrison, Ann and a great selection of related books , art and collectibles available now at medical-site.info Music: The Business - 6th Edition by Ann Harrison, , available at Book Depository with free delivery worldwide. London: Virgin Books. Harrison, Ann. (). Music - the business: the essential guide to the law and the deals. (Fully rev. and updated 5th ed). London: Virgin.

This essential and highly acclaimed guide, now updated and revised in its seventh edition, explains the business of the British music industry. Drawing on her extensive experience as a media lawyer, Ann Harrison offers a unique, expert opinion on the deals, the contracts and the business as a whole. She examines in detail the changing face of the music industry and provides absorbing and up-to-date case studies. Fully revised and updated. Ann Harrison runs her own successful legal consultancy. Formerly she was head of the music group at a leading media and entertainment law firm. Ann specialises in copyright and contract law mainly for the 'talent' and entrepreneurial end of the business: For the latest books, recommendations, offers and more. By signing up, I confirm that I'm over View all newsletter. Hardback Books Categories. Children's Children's 0 - 18 months 18 months - 3 years 3 - 5 years 5 - 7 years 7 - 9 years 9 - 12 years View all children's. Puffin Ladybird.

The first involves the members of Liberty, the band formed from the runners-up in the television programme Popstars and the second a Scottish rock group and a pop boy band both called Blue. The decisions in the two cases could not have been more different. The Liberty X Case2 V2 Music, the record company, had an exclusive recording contract with the members of Liberty and was preparing to release and promote their first album.

The claimants were a funk band formed in the late s who also went by the name Liberty. This band had had a lot of publicity and played a number of live concerts in the period up to but never got a record contract.

Their three independent releases made between and sold only a few thousand copies. The public interest in them had become virtually nonexistent by the mids, although they kept going in the business, where they were known and respected, and appeared as session musicians on other peoples work. The question was whether they had sufficient residual goodwill left in to be entitled to be protected against passing off.

The pop group Liberty argued that even if there was residual goodwill their activities could not be seen to interfere with the old Liberty as they were in different areas of music.

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The court found that the amount of residual goodwill had to be more than trivial which was a question of fact. The judge found that while the case was very close to the borderline there was a small residual goodwill that deserved protection.

He granted an injunction against the new Liberty bands continued use of the name. The band renamed itself Liberty X and went on to commercial success. The Blue Case In complete contrast, in June a case brought by the original band Blue a Scottish rock group came before the courts.

Their last hit was in when a single by them reached number eighteen in the charts. They did have a long career spanning sixteen singles and seven albums. They had a fan base and nowadays sold records mostly be mail order or over the Internet. The new Blue was a boy band formed in who had had 3 number 1 singles.

The case came before Judge Laddie, who is known for his forthright approach. He made it very clear at the beginning of the case that he found these claims somewhat dubious. He is quoted as saying, Are you seriously saying that fans of one group would mistake one for the other. The judge also commented on the difference in their appearance saying that one is aged like you and me, the other is a boy band.

These are comments that could just as easily have been made in the Liberty case but different times, different outcomes. In this case the early indication of the judges view led to the two sides having discussions outside the court which led to an out-of- court settlement. Both bands were to be permitted to continue to use the same name. Old Blue was ordered to pay the costs of new Blue who agreed not to enforce this for so long as old Blue didnt try to apply to register a trademark or otherwise try to regularise ownership of the name.

In the US the record company often makes it a condition of the record deal that they run a trade mark search and charge you for it by adding the cost on to your account. If the search reveals another band or artist with the same name, the record company will usually insist on you changing your name before they will sign the contract.

Lets assume youve got a name, can legitimately use it and are getting some interest from the business. Record companies have had their fingers burned by signing artists for large sums of money that they havent seen perform and then discovering that they cant play or sing at all. This was a particular problem at the height of the dance music boom when behind the scenes producers were making the music and using front people to perform them on stage often not live but mimed to backing tapes.

So most record companies will insist on seeing you play live. If you are already playing the club circuit they may just turn up to a gig. If you arent then they may pay for the hire of a venue or ask you to arrange one. This is called a showcase. The venue will either be a club or a rehearsal studio. These showcases may be open to the public but more often they will be by invitation only.

You could hire a venue yourself and send invitations out to all the record companies. However, just because youve invited them doesnt mean theyll come. Dont be at all surprised if they say theyre coming and then dont show up. Its a very fickle business. They probably got a better offer on the day. The more of a buzz there is about you the more likely it is that they will turn up, as they wont want to miss out on what could be the next big thing.

His answer was quite revealing. He said that he knew how far he was prepared to go on the deal and so was not worried that it would be hyped up.

He felt that if this artist really wanted to be with his record company he wouldnt be influenced by the interest from other companies. Confidence indeed. In fact the artist did sign to his company and remained on the label for a number of albums.

In these days of independent labels or production companies working with artists it is likely that they will set up the showcases and either invite a broad selection of bigger labels along or only those with whom they have a special relationship, maybe ones for whom they already act as a talent out-source. First, do your homework.

Read the music press. Find out the current happening venues, the places that regularly get written up in the music press. Pester that venue to give you a spot, even if its the opening spot, and get all your mates to come along so that it looks like youve already got a loyal following. Before you get to that stage you may need to start out in the clubs outside the main circuit and work your way in. You should also find out what nights the venue features your kind of music. If you play radio-friendly, commercial pop you dont want to get a gig on a heavy metal night.

Make sure the songs you play your set are a good cross-section of what you do. What goes down well with your mates in the local may not work for a more urban audience but youll want to play one or two of the firm favourites to give you a confidence boost. Be professional. Rehearse, rehearse, rehearse. Think about your image and style. Dont send mixed messages. Think about your relationship with the audience. If yours is the say nothing, the music will speak for itself style, thats fine but make sure youre sending that message clearly to your audience.

We all like a personality. If your band has got one make sure you use him or her to their best advantage. Always tell your audience who you are at the beginning and end of your set.

Youd think this was obvious but youd be surprised how many gigs Ive been to where its been impossible to tell who the artist is unless youve seen them before. The line-up of the bands on the night can change and no gig ever starts at the time its supposed to, so you cant even make an intelligent guess. Make life easier for us tell us clearly who you are, this is not the time for a shoe-gazing mumble. Try and get your local press behind you. I know of one Nottingham band that did this very successfully.

They made a fan of the arts reporter on the local newspaper and kept him up to date on what they were up to and when they were playing. This made sure they got good reviews. A scout read one of these and went to the next gig, which was on the outer-London circuit. A record deal followed. The local reporter was the first one they told after their mum, of course. In an innovative marketing spin of the kind I was advocating earlier, The Other used SMS to let fans know of their next gig relying on word of mouth and multiple texts to ensure a good turn-out at their secret gigs and attention from the press for their innovative technique.

Its a wonder that they didnt go further and sign up a sponsorship deal with a telecoms company for a cut of the SMS charges. Are there any short cuts? Yes, there are some. There are battle of the bands-type competitions, and if you get through to the final three or even win then that will give you valuable exposure and should ensure a number of follow-up gigs in the local area and some useful publicity.

They dont often lead directly to deals although, if you win, you may get free studio time to make a demo see below. One band of under 18 year olds called The Flaming Monkeys won the Kerrang!

Glastonbury now has an Emerging Performers Competition for bands to play on its main stage. Indeed the under 18s market is a booming one with venues turning over their clubs to promoters of special gigs aimed at the younger audience and obviously without the booze.

Then of course there are online band competitions such as those promoted by the web-based slicethepie. For more on these social networking sites and different use of technology see Chapter 7. There are also open mike evenings at clubs, when anyone can turn up and ask to play one or two numbers. BMI , occasionally arrange nights at a Central London venue to showcase two or three acts who are either unsigned or have signed a record deal but not a publishing deal or vice versa.

See Useful Addresses for contact details. There is also an annual UK music industry convention called In the City. Attached to it is a series of showcases for unsigned acts at venues in the city where the conference is being held. Its regular home is Manchester but it does move around.

The death of one of its founders, Tony Wilson, in did not stop his partner Yvette Livesey from continuing the tradition a few months later and it looks to continue for the foreseeable future. Its quite expensive to register for the conference but its often possible to get into the bar of the main conference hotel where the executives meet to relax. Remember, however, that they get given many CDs, often late at night and possibly after several pints of beer, and they will probably need to be reminded who you are in a follow-up call a few days later.

For most people making progress in the music business means having a demo recording of your work. This is your calling card, your way of introducing a stranger to your work. It should be recorded to the best standard you can afford.

What if you havent any money? How do you afford to make a recording? One way is to beg down-time from your local recording studio.

This is time when the studio is not being hired out commercially. It may be at really unsociable hours such as 2 a. But who needs sleep when youve got a record deal to get? The studio may give you the time cheaply or even free, but they are more likely to let you have the time in return for promises of what they will get when you get your first deal. The studio owner may want some of the income the royalty you earn from the sale of your records.

This is sometimes called an override royalty. This is fair if you get a deal using recordings made at the studio, but take care that the studio is not asking for too much.

Some studios try to get royalties on your second and third album too. They argue that you wouldnt have got your chance to record at all without their generosity. This is true, but there comes a time when your success has nothing to do with that original generosity. One album is plenty in most cases or if it goes beyond that then the royalty percentage should reduce to say 0.

The studio may also want a guarantee that you use their facilities when you make your album. Or the studio owner may want to produce your first commercial album. You should be careful about agreeing to these sorts of conditions.

Record companies dont like package deals on studio and producer. They like to have some say on these things themselves.

If the producer is a proven talent they may be less concerned but you should try and build in flexibility. The demo should feature a good cross-section of your work. Most people think that it should contain no more than three or four different pieces, with your best one first, your second-best one last and contrasting style pieces in the middle, but be careful of sending a confusing message by mixing too many different styles on one CD.

The opening number should have immediate impact in case the listener fast-forwards it before youve got into your stride. If you dont grab their attention theyll move on to the next track or CD. If you are sending a CD then the case and the CD itself should both contain details of who you are, the names of the pieces, who wrote them and, most importantly, a contact number, otherwise when, inevitably, the case gets separated from the CD, there is no way of telling who the band are and how to get hold of them.

This is harder to do with an MP3 so it is important that the file name is distinctive and that the metatags on the recording itself identify the artist and the name of the track. If you can include an email or webpage contact address so much the better. Make yourself as easy as possible to find. At the moment they seem to have been overtaken by the production deal but they are still used where someone just wants to find a deal and not be further involved at any level.

A studio owner, producer or an established writer that you may be working with might like what they hear but may not have the resources or the inclination to sign you up to a record deal themselves.

They may also not wish to become involved in your career longer-term as a manager but might spot an opportunity to use their contacts to further your and their own prospects. Such people might offer to find a deal for you and if you agree in principle they may then want you to sign a finders agreement.

This is usually a short document where you appoint them for a period of time to get you a record or publishing deal. The period varies from six months up to eighteen months and may be non-exclusive, in which case the period is of less concern, or exclusive, in which case you might want to keep the period quite short. On an exclusive deal you pass through any interest you get to the finder who is in overall charge.

If its non-exclusive you and others can go on looking for a deal but you need to have a mechanism for how to tell who actually made the successful introduction. This is why most finders favour an exclusive arrangement. The fee that the finder gets varies.

It may be a percentage of what you get on signing the deal, a percentage of all monies paid you in the first contract period of the deal or a share of these monies and of future royalties. Sometimes the finder argues for a percentage of monies beyond the initial contract period. This is less usual and I would want to see strong grounds to justify that and even then might well argue for the percentage to be reduced to say 2.

If this is not a situation where there is an existing production company with access to studio facilities he may pay for some studio time for you to record more material or to try out different versions of what youve already recorded on your demo.

In that case he may offer you a demo deal. The deal will usually guarantee you a certain amount of time in a professional or in-house recording studio. Many record and publishing companies have their own studio facilities, which they may offer to make available. Perhaps you shouldnt look a gift horse in the mouth, but if the studio doesnt have the equipment you need to show yourself off to best advantage you should say so, and either ask for that equipment to be hired in or ask to go into a commercial studio.

Cheeky, yes, but you can do it politely its your chance, so dont blow it. The record or publishing company will expect to own the copyright in what you record see Chapter 3. The company will want to own the right to control what happens to the recording.

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A record company will not usually expect to own rights in the song but a music publisher might. Try and take advice before you agree to give away rights in the song. At the very least they shouldnt own the song unless they offer you a proper publishing deal see Chapter 4. The company offering you the deal will also own the physical recording or master.

This is fine as long as they dont stop you recording the same song for someone else if they dont offer you a deal. They should also agree that they wont do anything with the master without first getting your permission. This is important. When you finally sign your record deal you will be asked to confirm that no one else has the right to release recordings of your performances.

The record company will not find it funny if a rival company releases the very track that they had planned as your first single. The company who paid for the demo will usually agree that you can play it to other companies if they decide not to offer you a deal within a reasonable period of time. The record or publishing company will normally want some exclusivity in return for the studio time they are giving you.

They may want you to agree not to make demos for anyone else or not to negotiate with another company for a period of time. They may be slightly more flexible and want the right of first negotiation or refusal.

This means that they will want either to have the first chance to try to negotiate a deal with you or they will want to have the right to say yes or no first before you sign to another company. This is a difficult call. You will no doubt be excited and perhaps desperate not to risk losing the deal but, before agreeing to exclusivity or these negotiating options, you need to be sure that the exclusive time period is not too long.

If they tie you up for months you may miss your moment. If they have first negotiating or rejection rights then they should tell you as soon as possible where you stand. If theyre not interested then you need to move on as quickly as possible. Bear in mind, though, that the record company has to go through a number of stages before they can make a decision. All this takes time and they may not want to risk losing you to a rival company. So you need to get a balance between the needs of the two sides.

Dont be surprised or depressed if, after you make the demo, the company decides not to offer you a deal. I know several artists who got demo time from two or three record companies and ended up with an excellent set of demos that they took to another company who then signed them up. What you dont want to happen is that people feel that youve been around for a while and are sounding a bit stale. This is a difficult balance to strike. On a more positive note, the first company may love what youve recorded.

Youve passed go and, once youve read the rest of this chapter on getting yourself some good advisers, you should go straight to Chapter 3 What Is A Good Record Deal? Dont worry about negotiating or signing a studio or demo deal. There are people that you can turn to for help. You should be looking to put your team of advisers in place as soon as you start to get a bit of a buzz about you so that you are ready to move quickly. So where do you find one and what can they do for you?

Finding a lawyer You can ask the Law Society for their suggestions see the Useful Addresses section for details. They have entertainment firms on their referral lists but make no judgement on the quality of the advice. Many law firms have their own websites, which will tell you a bit about the firm and its areas of expertise. It will usually contain an email address, so you could try sending them a message asking for further information.

Some websites contain details of the last big deals the firm did and, where their clients allow them to, list the names of some of their clients. It is not necessarily a bad thing if there arent many clients mentioned. Professional rules mean we have to keep client information confidential and not even say that someone is a client without the clients permission or unless it is public knowledge.

If a client is kind enough to give me a credit on their album artwork, I take it that hes happy for people to know Im his lawyer, but if in doubt I have to ask. The PRS runs a legal referral scheme where firms of music lawyers agree to give preliminary advice free or at a reduced rate.

See Useful Addresses. Not all law firms have websites, so you could also look in the two main books listing UK legal firms Chambers and Legal See Useful Addresses. The general guides can be found in most of the larger public libraries and are both available online.

Both have a similar approach, breaking down the lists into areas of the country and particular specialisations. Chambers writes short pieces on those it thinks are the leading players in a particular field and now also boasts a USA guide.

Legal operates on a league principle. When it interviews lawyers it notes which names are mentioned most frequently by others in the business and grades the firms accordingly. It also does some checking with individual clients. In addition to these general legal guides the Music Week Directory also lists UK law firms and is a good first stop for an overview of lawyers who claim to have expertise in the music business.

Music Week is the leading trade journal for the music industry in the UK. You need to take out a subscription to get the directory and online access but you may find it in bigger reference libraries or a contact in the business might lend you a copy. As with the more general guides an entry in the directory is not any guarantee that they are any good. Managers and Accountants If you already have a manager or an accountant they may be able to recommend a lawyer to you.

You should check if your manager has the same lawyer. Most managers realise that for some things for example, negotiating the management contract you have to have a separate lawyer from your manager. There is a conflict in the interests of the two of you that means you must be separately advised.

Where there is no conflict of interest there is usually nothing wrong in you and your manager having the same lawyer. You may, however, still feel more comfortable having your own lawyer on board.

Other bands or contacts in the business may be able to recommend someone to you. This may be their own lawyer or someone they have heard others say is good. We lawyers love personal recommendations as a source of new work. It means we must be doing something right. My clients come. At first I was convinced that this had been the second big mistake I had made in my career.

I spent most of the next two years running separate property cases with no connection to the entertainment business at all. I like working for the creative end of the business and now have the freedom to do so on my own terms.

My litigation training made it almost impossible for me to appear friendly towards lawyers on the other side. Ann Harrison 2 January In writing this book I hope I will be able to convey some of the excitement of the music business to you.

This is not intended as a slur on female artists or on the many excellent women working at all levels in the music business. Recognition by your peers and clients is just the best.

Those that were. Record and publishing companies were a mystery to me. Wherever possible I have tried to illustrate points with practical examples. I had to learn from my colleagues as I went along.

Many of the books on the business are written from the US perspective. For the legally minded among you the detail is in the footnotes. Video is now a dying format and references to it have been replaced with DVD as a revenue source. I wanted to write one based on the UK music industry which could be read as a road map through the industry.

Getting a Record Made and Branding and Sponsorship. In particular anything to do with new media is difficult to keep up-to-date. There are many good examples of these sorts of books around. It felt a little like trying to do a very hard jigsaw puzzle without the benefit of a picture on the lid of the box.

I was lucky in that they were very knowledgeable and very generous with their time. But we still lacked an easy-to-read guide to how the business works from a legal viewpoint — one that explains what a publisher does and what copyright is.

This book is not. The chapter on New Media has been completely rewritten under the new title of Online Sales and Distribution as have the chapters on Touring. Now there are many more sources of information available on the UK music business and there are several good full. I have to add a health warning that the examples produced and the. The music business is a dynamic one and each new edition involves a re- working of most of the chapters.

Good advisers will help to save you from what can be expensive mistakes. Please read it. Are these reports accurate? Do these cases have any long-term effect? Do they matter? The facts of some of the more important cases have been highlighted. There is. Chapter 1 deals with choosing your advisers. You have to earn it often through sheer hard slog. How do you get your foot in the door and how and when do you start gathering your team of advisers around you? Maybe you want to be a manager or set up your own record label or publishing company.

Many try and improve their chances by coming up with a previously untried marketing ploy. Others are streamlining their submissions policy and asking for MP3s rather than CDs through the post. This book is all about understanding the music business. They are following their US colleagues in this respect and many now only accept demos from a tried and tested or well-known source.

We all remember the famous online concerts given by Sandi Thom from her basement in Tooting. They are only as good as their last successful signing. Keane were. In the last couple of years the trend has been for several successful artists to make their mark elsewhere before becoming big with a major record company.

He can choose the company that works best for him. You can also shamelessly exploit any and all contacts you have with anyone who has even the remotest connection with the music business. This can improve your chances of at least getting your work listened to. South Wales and Glasgow among them. When this happens you can get a rash of signings from that area.

This is what we call using your bargaining power. If you happen to be based outside the M25 your chances of being spotted are slimmer than if you are in London.

The live side of the industry is important and increasingly so in the last few years as traditional record sales have declined. So they tend to like to have their hunches about an artist confirmed by someone else whose opinion they respect. Sometimes you get an ambitious scout who goes and checks out what is happening in a part of the country not on the traditional circuit. Some do. This could be someone in their own company but. Record and publishing companies send scouts out to find undiscovered talent playing in out-of-the- way pubs.

The more bargaining power you have the better your overall deal is likely to be. Who knows. You would think that if they found someone they thought was good they would keep it to themselves until the deal was done. For the artist this is a dream come true.

An example of an artist who made it big independently before being picked up by a major is Sounds Under Radio who was the only unsigned artist on the Spider-Man 3 film soundtrack and went on to sign a multi-album deal with Epic Records. Raiding books. It should be memorable. Despite all my advice on branding. Finding a good name is easier said than done.

This can be a depressing thought for a band just starting out. I suspect that most bands choose their name for much more down-to-earth reasons.

Indeed one of the biggest growth areas of the business is that of independent labels making their own story and either feeding artists in to the bigger labels or releasing records themselves before the acts are picked up by the bigger labels. However you decide to market yourself. This could be for a breach of their trademark see Chapter 8 or. You might decide on a name not knowing that anyone else has already claimed it. You have to also look at whether they have an existing name or reputation.

You may then invest a lot of time and maybe some money in starting to develop a reputation in that name. History is also a fertile source. His Latest Flame and Janus Stark from a comic. You could apply to register a domain name and see if anyone has claimed any of the main top- line domain categories for that name.

So how do you check if someone else is already using a band name? There are some easy and cheap means of doing this. You could just do a UK search but if you plan to sell records overseas and you do. It is not. All About Eve. If you choose a name and another artist objects to you continuing to use it because it is the same as one they have been using for a while. If it is available do register it quickly. You could consider registering with them or searching first for an existing band name. There are band registers online.

Franz Ferdinand being a good example. A word of warning though. If you do find another band with the same name then you could do a deal with them to download the right to use the name from them. The decisions in the two cases could not have been more different.

You pay them a small amount or a big amount if you really want the name and they stop using it. You may have the greater reputation or the greater bargaining power or the other group may have split up. US labels tend to be risk adverse and a potential threat to stop their sales will have them running scared. The first involves the members of Liberty. The law can be somewhat confusing on this question of band names as shown by two band name cases.

They would have to establish a number of things. They may well put considerable pressure on you either to change the name or to do a deal whereby you can definitively get the rights to use that name from the other artist.

The pop group Liberty argued that even if there was residual goodwill their activities could not be seen to interfere with the old Liberty as they were in different areas of music. Their three independent releases made between and sold only a few thousand copies. The public interest in them had become virtually nonexistent by the mids. The Blue Case In complete contrast.

The question was whether they had sufficient residual goodwill left in to be entitled to be protected against passing off. They had a fan base and nowadays sold records mostly be mail order or over the Internet.

The new Blue was a boy band formed in who had had 3 number 1 singles. The claimants were a funk band formed in the late s who also went by the name Liberty. The band renamed itself Liberty X and went on to commercial success. They did have a long career spanning sixteen singles and seven albums. This band had had a lot of publicity and played a number of live concerts in the period up to but never got a record contract.

The old Blue sued new Blue and its record. Their last hit was in when a single by them reached number eighteen in the charts. The court found that the amount of residual goodwill had to be more than trivial which was a question of fact. These are comments that could just as easily have been made in the Liberty case but different times.

The case came before Judge Laddie. If the search reveals another band or artist with the same name. Class 9 for records. Both bands were to be permitted to continue to use the same name. He is quoted as saying. In the US the record company often makes it a condition of the record deal that they run a trade mark search and charge you for it by adding the cost on to your account.

He made it very clear at the beginning of the case that he found these claims somewhat dubious. The venue will either be a club or a rehearsal studio. They probably got a better offer on the day. This is called a showcase. If you are already playing the club circuit they may just turn up to a gig. These showcases may be open to the public but more often they will be by invitation only.

Confidence indeed. He said that he knew how far he was prepared to go on the deal and so was not worried that it would be hyped up. This was a particular problem at the height of the dance music boom when behind the scenes producers were making the music and using front people to perform them on stage — often not live but mimed to backing tapes.

His answer was quite revealing. You could hire a venue yourself and send invitations out to all the record companies. In these days of independent labels or production companies working with artists it is likely that they will set up the showcases and either invite a broad selection of bigger labels along or only those with whom they have a special relationship.

So most record companies will insist on seeing you play live. In fact the artist did sign to his company and remained on the label for a number of albums. Think about your image and style. A scout read one. I know of one Nottingham band that did this very successfully.

They made a fan of the arts reporter on the local newspaper and kept him up to date on what they were up to and when they were playing. If your band has got one make sure you use him or her to their best advantage.

This made sure they got good reviews. You should also find out what nights the venue features your kind of music. Try and get your local press behind you. Read the music press. Make life easier for us — tell us clearly who you are.

Think about your relationship with the audience. Make sure the songs you play your set are a good cross-section of what you do. Be professional. Before you get to that stage you may need to start out in the clubs outside the main circuit and work your way in.

If you play radio-friendly. Always tell your audience who you are at the beginning and end of your set. Pester that venue to give you a spot. Glastonbury now has an Emerging Performers Competition for bands to play on its main stage. In an innovative marketing spin of the kind I was advocating earlier. Then of course there are online band competitions — such as those promoted by the web-based slicethepie.

West London and clubs in Soho such. For more on these social networking sites and different use of technology see Chapter 7. One band of under 18 year olds called The Flaming Monkeys won the Kerrang! Indeed the under 18s market is a booming one with venues turning over their clubs to promoters of special gigs aimed at the younger audience and obviously without the booze.

A record deal followed. The local reporter was the first one they told — after their mum. Are there any short cuts? Tony Moore also opened an additional live acoustic venue. Tony Wilson. The Regal Room in December Its regular home is Manchester but it does move around.

See Useful Addresses for contact details. This is your calling card. Attached to it is a series of showcases for unsigned acts at venues in the city where the conference is being held. In past years Suede. The death of one of its founders. If the producer is a proven talent they may be less concerned but you should try and build in flexibility. This is fair if you get a deal using recordings made at the studio. This is time when the studio is not being hired out commercially.

They like to have some say on these things themselves. It should be recorded to the best standard you can afford. Most people think that it should contain no more than three or four different pieces. The studio may give you the time cheaply or even free.

One album is plenty in most cases or if it goes beyond that then the royalty percentage should reduce to say 0. The studio owner may want some of the income the royalty you earn from the sale of your records. Some studios try to get royalties on your second and third album too. The demo should feature a good cross-section of your work. Or the studio owner may want to produce your first commercial album.

Music: The Business - 6th Edition

It may be at really unsociable hours such as 2 a. You should be careful about agreeing to these sorts of conditions. This is true. How do you afford to make a recording? This is sometimes called an override royalty. A 1—1. The studio may also want a guarantee that you use their facilities when you make your album. This is usually a short document where you appoint them for a period of time to get you a record or publishing deal. This is why most. The period varies from six months up to eighteen months and may be non-exclusive.

If you can include an email or webpage contact address so much the better. A studio owner. This is harder to do with an MP3 so it is important that the file name is distinctive and that the metatags on the recording itself identify the artist and the name of the track.

They may also not wish to become involved in your career longer-term as a manager but might spot an opportunity to use their contacts to further your and their own prospects. At the moment they seem to have been overtaken by the production deal but they are still used where someone just wants to find a deal and not be further involved at any level.

If you are sending a CD then the case and the CD itself should both contain details of who you are. On an exclusive deal you pass through any interest you get to the finder who is in overall charge. Make yourself as easy as possible to find. The deal will usually guarantee you a certain amount of time in a professional or in-house recording studio.

The company will want to own the right to control what happens to the recording. It may be a percentage of what you get on signing the deal. If the finder gets a deal within the agreed time span then that usually ends the ongoing relationship between you and the finder.

A record company will not usually expect to own rights in the song but a music publisher might. Many record and publishing companies have their own studio facilities. Try and take advice before you agree to give away rights in the song. Sometimes the finder argues for a percentage of monies beyond the initial contract period.

The record or publishing company will expect to own the copyright in what you record see Chapter 3. This is less usual and I would want to see strong grounds to justify that and even then might well argue for the percentage to be reduced to say 2.

The fee that the finder gets varies. In that case he may offer you a demo deal. They may be slightly more flexible and want the right of first negotiation or refusal. The company who paid for the demo will usually agree that you can play it to other companies if they decide not to offer you a deal within a reasonable period of time. So you need to get a balance between the needs of the two sides. If they tie you up for months you may miss your moment.

The record or publishing company will normally want some exclusivity in return for the studio time they are giving you. The record company will not find it funny if a rival company releases the very track that they had planned as your first single. They have to listen to the recording. This is a difficult call. They may want you to agree not to make demos for anyone else or not to negotiate with another company for a period of time.

You will no doubt be excited and perhaps desperate not to risk losing the deal but. All this takes time and they may not want to risk losing you to a rival company. Bear in mind. This means that they will want either to have the first chance to try to negotiate a deal with you or they will want to have the right to say yes or no first before you sign to another company. If they have first negotiating or rejection rights then they should tell you as soon as possible where you stand.

When you finally sign your record deal you will be asked to confirm that no one else has the right to release recordings of your performances. This is important. On a more positive note. This is a difficult balance to strike. I know several artists who got demo time from two or three record companies and ended up with an excellent set of demos that they took to another company who then signed them up. So where do you find one and what can they do for you?

Finding a lawyer General You can ask the Law Society for their suggestions see the Useful Addresses section for details.

They have entertainment firms on their referral lists but make no judgement on the quality of the advice. Some websites contain details of the last big deals the firm did and.

Many law firms have their own websites. There are people that you can turn to for help. It will usually contain an email address. Both have a similar approach. Legal operates on a league principle.

It also does some checking with individual clients. When it interviews lawyers it notes which names are mentioned most frequently by others in the business and grades the firms accordingly. Directories Not all law firms have websites.

As with the more general guides an entry in the directory is not any guarantee that they are any good. You need to take out a subscription to get the directory and online access but you may find it in bigger reference libraries or a contact in the business might lend you a copy. Music Week is the leading trade journal for the music industry in the UK. In addition to these general legal guides the Music Week Directory also lists UK law firms and is a good first stop for an overview of lawyers who claim to have expertise in the music business.

Most UK music lawyers are based in London. Liverpool and Glasgow. The PRS runs a legal referral scheme where firms of music lawyers agree to give preliminary advice free or at a reduced rate. See Useful Addresses. If a client is kind enough to give me a credit on their album artwork. Chambers writes short pieces on those it thinks are the leading players in a particular field and now also boasts a USA guide.

The general guides can be found in most of the larger public libraries and are both available online. You may. We lawyers love personal recommendations as a source of new work. You should call them. As we saw. There is a conflict in the interests of the two of you that means you must be separately advised. Managers and Accountants If you already have a manager or an accountant they may be able to recommend a lawyer to you.

Other bands Other bands or contacts in the business may be able to recommend someone to you. This may be their own lawyer or someone they have heard others say is good. Before you meet up with the lawyers have some questions ready for them. Will they be doing the work for you or will it be handed over to a more junior person? Can you call up the lawyer you are meeting at any time to discuss your case or are you expected to work with the junior person? You should also ask the lawyers the all-important question of what they.

It means we must be doing something right. Ask them how their firm is structured. Where there is no conflict of interest there is usually nothing wrong in you and your manager having the same lawyer. Be wary of lawyers who promise the earth. You should check if your manager has the same lawyer. Most managers realise that for some things for example. How do you do that? Ideally you should have two or three names on your list.

You must. How do you go about choosing and employing a lawyer? Occasionally lawyers are in the public eye because of a particularly high- profile piece of work they have done and everyone wants to have them as their lawyer. The lawyer you finally choose should send you a letter setting out the basis on which he is going to work for you. Since setting up my own business I often work in that way as it gives the client certainty but as with any job of work if it turns out to be far more complicated than it appeared at first I reserve the right to come back and revisit that fixed fee.

As a last resort you can sue but this is all very negative. If he tells you what he charges by the hour you may need to sit down. Then the thoroughness with which he has done his job in protecting your interests really gets put to the test.

A better way to do it is to ask them to give you a ballpark figure for what it usually costs for them to do a record or publishing deal. Can you pay by credit card? Beware of a lawyer who is reluctant to discuss his costs. Although you may want to give the lawyer the chance to explain his position before you leave. Your lawyer is a fundamental part of your team.

It is important to know this. Some lawyers will agree to do a piece of work for a fixed price. If the record label. Will they accept payment in instalments and. This can help you to be more focused. You never know. If you want. We give you the benefit of our experience of similar situations. When things are going well this can work. What does your lawyer do for you? A trite answer may be to say whatever you instruct him to do provided it is legal. I then get the draft contract. I have come across one or two lawyers who do think they are and indeed there are some law firms that employ young lawyers as quasi scouts looking for up and coming artists who might be future clients.

I go back to the record company with any counter- proposals. On the other hand. I contact the record company. It also means that the lawyer is making a judgement call.

Managers seem a little uncomfortable about this. With this breed of lawyer you need to be very clear what they are expecting to charge you. I work differently with different types of clients. If you are already clued-up on the type of deal you want.

Is it their normal rate or is there a premium for this service? Are they charging a percentage of the deal they get for you? If so does that mean that they only focus on getting the most money and to hell with the small print? Our role can be as wide or as narrow as you want it to be. The manager will usually make sure I get a copy of the proposal and any counter-proposals. This may well change from deal to deal as you grow in experience. These are lawyers. It helps to cement the relationship between us.

You should establish with your lawyer what kind of relationship you want to have. He may telephone from time to time to ask if I think company X can do better than what they are offering. With other clients there may be an experienced manager on board who knows exactly what his bargaining power is and what sort of deal he would ideally like to end up with.

I also like to go and see my clients play live. In theory. My role at the beginning is more that of an adviser or sounding board. New breed of lawyers There is a new breed of lawyers in the UK. I keep the names of the clients confidential. And yes. In practice you will probably not notice any difference. I have to admit. When should you get a lawyer? There are a number of different views on this. Of course.

I think you should get a lawyer earlier than this. Anyone can set up in business giving financial advice. Most of us are happy to give initial advice and guidance for free.

It does mean that we are more restricted in that we cannot do contentious work involving representing you in court. But we are still open to being sued by you if we screw up and most of us carry professional indemnity insurance like solicitors as we are all human. How do you find one? Just be careful and check this before going ahead. Most however. Your lawyer can also help you to find a good accountant.

I think that the whole process of getting a deal is so much of a lottery that anything you can do to reduce the odds must be worth doing.

The Music Week Directory has a section on accountants. They will be happy to recommend accountants from within their own membership and.

They have firms of accountants who are corporate members see Useful Addresses as well as individual accountants who provide business or quasi-management services.

How to choose an accountant. Lawyers Your lawyer should have had dealings with a number of accountants and should be able to recommend two or three to you that they know have experience in the music business. If they are to have signing rights on cheques make sure there are sufficient controls in place.

You should ask them the type of work they can do for you. As your accountant will have intimate knowledge of your finances and may have some control over your bank account. Some are strong on tour accounting or in auditing inspecting the books and records of companies. If you expect to do a lot of touring. They need to know how to read and understand a royalty statement. The basic accountancy and tax rules do.

Just as you need a lawyer with specialised music business knowledge. These things are often. Business Managers There is another breed of accountant that could provide the sort of services. The main thing is that they are familiar with the music business and how it works. They may also do general bookkeeping and tax advice. As I suggested when choosing your lawyer. Your local family accountant can.

Your accountant must be up to date on these rules. You need to know what country A is and what the code for CD sales is. This sort of thing is more likely to happen in the bigger firms.

Someone quite different and possibly much less experienced may be doing the work. This is a term that has come across from the US. If you are tempted by these schemes you should ask what exactly is covered by the discount rate.

They provide day-to-day business advice and bookkeeping services. How do they charge? Accountants usually charge fees rather than commission. This means they can charge less than the bigger firms of accountants do.

They can provide business plans and advice and some also do tour accounts. Often you find that the person who sees you and does the hard sell is the partner or even the marketing person. In the UK the term means something slightly different.

When specialist tax or international advice is required. You can be reasonably sure that it will not be a partner that will be doing the cut-price work. You should ask them what their experience is and who will be doing the work. They may quote you a rate per annum for advising you. Your accountant can be your tax adviser and help plan with you things such as whether you could consider putting your income in an offshore tax haven or. Some accountants also send out selected demo tapes on behalf of artists and songwriters.

He can prepare partnership or company accounts. Because this area is very closely regulated. They do the accounts books for you. Can your accountant help you get a record deal? Depending on your accountant. The accountant should be able to work as part of the team with you. If your accountant offers to get you a deal. Some accountants can also act as the auditor of your company books. They register you for VAT. He should just charge for any accountancy advice that he gives you on that deal.

There are signs that the Government is tightening up on the tax benefits of being non-domiciled so this may not be an attractive option for much longer. You should ask if your accountant is. Your accountant can act as your financial adviser. Your accountant will advise you on whether you should be a sole trader. You can use accountants in the same way as lawyers.

What does an accountant do? Accountants can do a number of things for you. This is looking at the negative side and most relationships proceed smoothly. There are. Consider short cuts like industry-organised showcases. If the complaint is about fees you can ask for a breakdown of the bill. An accountant can have conflicts of interest just as your lawyer can. If your accountants act for one of the major record or publishing companies.

The professional body that your accountant belongs to is the first port of call for complaints about your accountant. All accountants should give you a letter of engagement. You have two members of your team.

Investigate your venues and rehearse thoroughly. Tailor your material to your audience and tell your audience who you are.

Your accountant and lawyer are vital members of your team — take your time to choose the right ones. If you do a deal with a studio for studio time.

When you appoint a lawyer or accountant. If you do a demo deal. Put your name and contact number on the CD as well as the packaging or make sure they have your email on any MP3 submission. Find out their expertise and. V2 Music and others Chancery Division When picking a lawyer or accountant. Make sure your demo is the best quality that you can afford and that it has a good cross-section of your work. It gives me a real buzz to team up the right manager with the right artist. The Music Managers Forum also issues a directory of its managers and who they manage.

The section on what to expect from a manager should also be useful to managers. That leap of faith and the skill with which they then exploited the new market place was a direct cause of their subsequent success. Much more common is an artist who once they are successful begins to resent the monies being paid to the manager and forgets their origins and the crucial role played by the manager at the beginning.

It lists managers and the acts they manage. What was slightly unusual was that the writers acknowledged this openly.

Membership of the MMF is not a recommendation that a manager is any good but. Bad reports can be as useful to you as good ones. It does. What you need are personal recommendations references. The information you get from them needs to be backed up from other sources. It can be lonely out there so. The MMF also runs training courses for wannabe managers.

Where do you get these? You can ask around among other bands to see if they have any good or bad experiences of particular managers. They are also good sources of information and can put you in contact with managers that you may not have discovered on your own. The Academy. They can put you in contact with managers. They may know that a particular manager is looking for more acts to manage or. In particular. These are meetings where music business professionals such as lawyers.

In fact. They are sociable events. You just have to be clear who is looking after your interests. You should always ask for a trial period to make sure that the relationship is working. The manager should agree to that. All that a. Sometimes managers ask you to sign a short agreement to cover their expenses and any deals they may get for you during the short trial period.

You still have to do your homework and make as sure as you can that this is the right manager for you. Many of these principles have been developed and applied to management contracts through a series of cases involving some of the leading players of the time.

It takes time to build up the necessary trust between you. As with any legal agreement. This loss of trust has led to many disputes between managers and artists over the years. One time I was in court and found myself sitting next to a journalist from one of the tabloid newspapers.

He was young and unknown at the time and had no business experience this theme comes up time and time again in music disputes. He was obviously bored with the lack of juicy scandal and kept popping in and out of court. Through MAM Mills also had interests in a number of other music companies.

British journalism at its finest. Mills managed the superstars Tom Jones and Engelbert Humperdinck. Gordon Mills. Some end up in court. MAM and the man behind it. The judgements in these cases helped to establish what lies behind the relationship in legal terms. These concepts of undue influence and unreasonable restraint of trade come up often in music contract disputes.

This might have been because. Record and publishing companies were afraid that. The court also decided that the contracts were void and could not be enforced. If his manager told him to do something. He also argued that the terms of the contracts were so unreasonable that they unfairly restricted his ability to earn a living.

In he had two No. His second album reached No. This is called a fiduciary duty — a duty to act in good faith. This was a dramatic decision and it caused uproar in the music business. He sued Mills. The court also confirmed that it was possible to set these contracts aside. In a very important decision for the music business. The Appeal Unsurprisingly. Mills and his associated companies wanted to have this dangerous precedent overturned. They were really worried that all the deals they had done for the records or songs would be void and unenforceable.

They also argued that the contracts should be declared void able and not void from the outset. Because the companies had already acted as if the contracts were valid. If the Court of Appeal agreed with them. Joan Armatrading is a singer-songwriter who is still recording and performing today.

It seems she was confident enough to select the studios and producers she wanted to work with without needing advice from her managers. The case was about an agreement that Armatrading signed when she was young and relatively inexperienced and before she became famous. It involved Joan Armatrading. The refusal of the Court of Appeal to order the return of the copyrights has made it very difficult.

His lawyers must have thought they were home and dry. The music business breathed a collective sigh of relief. Copeland is Miles Copeland.

Stone was a partner in the Copeland Sherry Agency. They also said that the contracts were void able rather than void. She took charge of most creative issues herself. Joan Armatrading3 At about the same time. Stone advised Armatrading on business matters. It became clear from the evidence given in the case that the lawyer who drew up the contract had been introduced to Armatrading by Stone and had done some work for her.

The contract was done before my time there. When preparing the management contract. Me Myself I. He may have been worried she would go off to another manager when the original contract ran out and just as her career was starting to take off. She returned the next day to sign it. I worked with that same firm of lawyers for a couple of years. Armatrading received a copy of the draft contract to take away with her.

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