Tuesday, September 9, 2014

Book Review: "One Way Out: The Inside History of the Allman Brothers Band"

"One Way Out," by Alan Paul (2014)
If you enjoy rock 'n roll history as much as I do, check out Alan Paul's biography One Way Out: The Inside History of the Allman Brothers Band (2014), an iconic southern rock band for 40+ years based out of Macon, Georgia. From the very beginning to present day, their story is told entirely by the remaining band members themselves, in their own words, organized chronologically through a series of interviews and lightly narrated by Paul. 

Besides authoring a litany of classic rock hits, the Allman Brothers Band is perhaps most famously known for suffering the loss of two of its founding members to motorcycle accidents within a year of each other very early on in their career. Gregg Allman, with his admitted alcoholism and curious public behavior (including a short-lived marriage to Cher), paired with a rotating cast of band members throughout the years, left the Allman Brothers Band with a reputation for being both dysfunctional and legendary. The author does an excellent job of revealing - perhaps for the very first time - all the intricate business, legal and interpersonal dealings that occurred behind the scenes with every band member, every album, every tour and every hiring, firing and (sometimes) re-hiring. 

"One Way Out" is even more enjoyable while listening to the Allman Brothers Band discography (available on Spotify) while simultaneously learning the stories behind many of the band's most popular songs. You may find yourself, as I did, listening to old, familiar tunes for the first time all over again. No matter what, you will walk away from the book feeling like you know each band member personally, with a new-found respect for the incredibly hard work it takes to keep a band together. 

Highly recommend; 10/10.

Tuesday, September 2, 2014

Long Live the Great American Band

Photo of The Law Band. Photograph by Bonnie M. Moret
I love bands, so I'm dedicating the month of September to them. You can follow me on Twitter for #LifeProTips for bands this month. My all-time favorite music genre is rock, so naturally most of my top favorite musical acts are bands. I also live and work in Atlanta, where bands seem to be the predominant art form, at least in the live venues I frequent. That's not a knock on my beloved solo artists and singer-songwriters - I love you guys and gals, too - I'm just a rock 'n roll girl at heart with a hardcore appreciation for team work.

As an entertainment attorney, and even more so as a band manager, I have a unique perspective into how bands operate as a closely held small business, and how the relationship of its members determines everything about the band. It's not as easy as it looks. A band is very much like a marriage and a business intertwined. You have to carefully balance your intimate, artistic relationship with your band mates with the seemingly incompatible mission of building a viable economic relationship together. Even among the best of us, either one of those tasks would be challenging enough, so to succeed at both takes a whole lot of commitment and a little bit of smart planning.

Here are some common scenarios that young bands face, for which hiring a lawyer who specializes in bands can go a long way. Not only could it help prevent a ton of stress and possibly litigation, but it may actually help save the "Great American Band" I love so much:

(1) Ownership of the Recordings. So you and your friends got together and recorded an album in another buddy's home studio. Nobody got paid - it was just a fun project (at the time, at least). You uploaded the tracks to the band's Soundcloud and Reverb pages. Now the music is gaining traction and you want to start selling it. But you have to ask yourself, who gets to keep the money from those sales, and in what proportion? Who do the master recordings even belong to? Does the buddy with the studio have any rights to the music? Don't wait until everyone starts fighting over money - get your agreements in writing beforehand. A good lawyer can help you do precisely that.

(2) Songwriting and Publishing. Maybe your band has one primary songwriter, or maybe it has several co-writers, or maybe you just want to record a whole album of classic country covers. Whatever your situation is, part of the process of recording and commercializing music involves obtaining the proper publishing permissions for the underlying songs (aka "the compositions"). Every songwriter should research and learn more about the copyrights and publishing rights to the songs they write and record. Publishing is arguably the most complicated area of the music industry, but the good news is, you don't have to go it alone. A lawyer experienced in music publishing and copyrights can help you navigate that terrain. 


(3) Band Name and Logo. Every band has a story behind their name, but not every band remembers it - or rather, not every band mate remembers it the same way. To whom exactly does the band name belong? What if the person who came up with it leaves the band? Do you have a logo, and if so, who created it? Who gets to earns money from the sale of band merch containing the band name and logo, and it what proportion? What happens to the name if the band breaks up? A lawyer who specializes in music industry practices and intellectual property law can help you work these issues out.


(4) Hiring and Firing Members. If you haven't had to fire a band mate yet, or had one quit on you last minute, or had one pass away unexpectedly, consider yourself lucky - it's probably just a matter of time. It's an awful process to lose a band mate, but you can minimize the damage to the band as a whole by having a clear process in place for situations like that before the event occurs. You can also devise a plan for incorporating new members into the band that's fair to the existing ones. For the sake of your band and fellow band mates, it is highly recommended you get these important processes in writing. A lawyer specially trained in band dynamics and operating agreements can help you do just that.



Beth B. Moore is an entertainment lawyer at The Beth B. Moore Law Firm based in Atlanta, Georgia. She specializes in representing bands and assisting them in the formation of workable solutions to their unique business needs as multi-member acts.