Are you new to the music industry? Looking to work with artists or run your own label? This is the section where Rob Eakins (Ultimate Fake’s Managing Director and an experienced business adviser) shares some of his experiences and gives you tips for starting your own music business. We’re currently involved in a programme for new creative industries businesses in Liverpool, so please get in touch if you think you might be eligible for support, or if you have any comments or topics you’d like to see discussed on this page.
22/07/11 – Get it in writing
I’m currently advising a client who’s busy starting a record label in Liverpool. He’s already released one single as a solo artist, having paid for the session musicians and the producer himself. He now wants to set up a legitimate business, which has lots of advantages that we should perhaps discuss in another post. The problem he’s facing is that as soon as the tracks started to attract some interest, a couple of the session musicians contacted him requesting more money. Even the producer, who was originally happy to do the work for a fixed fee, now thinks he deserves a royalty on top. So the lesson today is to get your agreements sorted out before the material is released. In fact wherever possible you should get them signed off before the recording commences, so that everyone knows where they stand and what’s expected of them. If you don’t, you might find the success you’ve worked so hard for becomes tainted by arguments and complications.
28/06/11 – Thought for the day: “In the wrong hands, a tambourine is a dangerous thing.”
Hard to believe, I know. Let me explain. I was at a concert recently, and the singer announced that they had a recent addition to the band. On walks a guy with a tambourine, looking far too pleased with himself. The band started to play, and sadly, they weren’t great musicians. They probably could’ve scraped through, and kept their pride mostly intact, but as I mentioned earlier, in the wrong hands, a tambourine is a dangerous thing. And this tambourine was most definitely in the wrong hands. Without any sense of timing, rhythm or consistency, the band’s latest addition began banging his instrument against various parts of his body at random and unpredicatable moments, introducing patterns that had no connection to the music being played. He was clearly enjoying every second of his performance, and even the singer thought the whole thing was hysterical. Unfortunately, it was enough to confuse the drummer, who in turn confused the guitarist. The performance fell apart, with some of the members trying to keep time with the drummer, whilst others were following the ‘percussionist’ (It’s a broad term). Even at the end, Mr Tambourine Man seemed to be having the time of his life, but the rest of the band were less than impressed. So what’s my point? Respect your audience, and don’t assume that things will magically work out fine. These guys obviously hadn’t rehearsed with their special guest (I really hope they hadn’t rehearsed…). Take it seriously. Be professional. Practice. Soundcheck. Even small errors in judgement can ruin a performance, so get it right. Then hopefully your band will get noticed for all the right reasons.
10/11/10 – More about contracts in the music business!
Legal agreements are an integral yet often expensive part of the music business. If you are a manager or run a record label, for example, it makes good business sense to make sure arrangements are clear between yourself and your artist. From the artist’s point of view, you have to know what’s expected of you and how much of your output (and income!) you’re expected to hand over. In the case of deals involving copyright, such as recording agreements, a verbal contract simply isn’t enough. We’re pleased to say that, following input from us, the Liverpool-based music and media lawyers McEntegart Legal have made some standard music industry contracts available for free download. They can be found here. They include a management agreement, a recording agreement and a remix agreement. Have a look and let us know what you think!
28/09/10 – Contracts in the music business
As a creative industries business adviser and record label owner, I’m often asked questions about music industry contracts, both by artists and music businesses. Understandably performers and entrepreneurs alike are keen to avoid costly mistakes that could have far-reaching consequences. Whilst music industry law is a fascinating subject, when your career is on the line there are two things to remember:
1 – Find a good lawyer. Music is a complicated business, revolving around the ownership of rights, so consult a lawyer with experience of the music industry to be sure you’re giving or getting the deal you want. We’re happy to recommend McEntegart Legal (www.mclegal.co.uk), who’ve been a big help to us since we first started. Organisations like the Musician’s Union and the Association of Independent Music (AIM) are sometimes able to help their members with legal issues, so consider speaking with them if you’re a member.
2 – Take responsibility for your career, and don’t bury your head in the sand just because you found a good lawyer! Read your contract carefully and make every effort to understand it. Buy a book or search the Internet. Make it your primary goal to understand what you’re being asked to agree to. Contracts specify the obligations that you will have to fulfil once you sign on the dotted line, so at the risk of stating the obvious, read the contract and see what‘s in there. A valid agreement is enforceable by law, and you don’t want to find yourself at the wrong end of a legal battle, so do your homework first. An improved understanding can help you protect your career and put you in a better position to negotiate and to instruct your lawyer effectively.
We’ll be having a look at a variety of music industry contracts over the next few months, so get in touch if there’s anything you’d like to see included.
01/06/10 – No-one wants to sign to my label!
We were contacted recently by someone who wanted to set up his own label, but couldn’t persuade any bands to sign on the dotted line. He was amazed that uttering those two magic words “record deal” didn’t have them running off to find a pen. After a brief discussion it became apparent that the chap didn’t have any kind of relationship with any of the artists he’d approached, and given that his label was brand new, he didn’t have a track record of past successes with which to impress them. So ask yourself: Would you sign the rights in your material over to a complete stranger? I certainly wouldn’t. Even established labels tend to get to know artists before signing them, as each side will usually want to find out about the other’s reliability, expectations and working practices. If you’re a new label struggling to find someone to join your roster and you’re keen to get your business off the ground, it could be a good move to work with artists who know you on a personal level, who trust you and are prepared to give you a chance. You might wish to make the terms a bit more generous than you might in the future when you’re established and successful, in order to encourage them to sign to your company, or give them the option to curtail the contract at some suitable point if you haven’t held up your end of the bargain. Think carefully about this though, as you don’t want to be left out of pocket. Remember, musicians can record, release and promote their own material more easily than ever, so if you want a piece of the action you’ve got to offer something impressive in return.
