Artists: Stop Signing Deals without a Lawyer!

Photo by Bonnie M. Moret

As an entertainment lawyer, every week I get calls from artists asking if I can get them out of a bad deal, and every time I ask them the same question: "Why didn't you call me before you signed?"

Just because you signed a bad deal or decided you no longer like the person on the other end of it, doesn't automatically entitle you to walk away and recover your rights. It costs a lot more time, money and heartache to try to clean up a mess after-the-fact than to hire a lawyer to help prevent one in the first place.

I've heard every excuse as to why an artist didn't hire a lawyer before they signed a deal, and today I'm going to debunk the most common ones.

"The other guy had a lawyer, so I didn't think I needed one, too."

It's very important to understand the other guy's lawyer is not your lawyer! For example, consider when a record label offers an artist a record deal - the lawyer for the record label is not looking out for the artist's best interests, but rather the best interests of the record label. Their lawyer's job is also not to construct a "fair" deal (given that "fair" is a subjective term); instead, her job is to construct a deal that works best for her client. In fact, one strategy lawyers often employ is to skew an initial offer significantly in their client's favor with the expectation that the deal points will be negotiated down. If an artist simply agrees to the first offer, he puts himself at an enormous disadvantage by waiving his right to legal counsel and failing to negotiate.

"The other guy and I were friends, so I never thought he'd try to screw me over." 

Altruism and capitalism rarely go together, and even though the entertainment industry has a "feel good" quality to it, the business side of it is no different than any other industry - everyone is out to get his or her own proverbial piece of the pie, to protect their own investments, and to secure the best position for themselves. No one is going to protect you except you and your lawyer! It's unfortunately common for artists in particular to be misled by both well- and ill-intentioned people who convince the artists they can make their wildest dreams come true. My motto is always trust but verify, and one of the best ways to verify an offer is to hire a lawyer to scrutinize it for you.

"I couldn't afford an attorney at the time."

Consider the possibility that you can't afford not to hire an attorney. If you think legal advice is expensive before signing a contract, wait until you see the price tag afterward when you're trying to get out of it (assuming that's even possible). There are many options for financing legal representation. For example, my firm offers monthly payment plans with a fifty percent down payment. Another approach is to ask the opposing party to cover your legal costs, and you can reimburse them from your future earnings under the deal. I also recommend all artists start a savings account as soon as possible for legal representation and other necessary costs of doing business. You have to spend money to make money, and legal advice is a good investment of your resources. Worst case scenario is you take out a loan or line of credit to finance legal advice, which may not be ideal, but it may be preferable to going it alone and risking your entire career.

"They told me the contract was standard and non-negotiable, and they needed an answer right away."

Generally speaking, there's no such thing as a standard or non-negotiable deal in the entertainment industry, nor should any contract ever be signed under pressure. Any contract worth entering into can wait for you to consult with an attorney first. Every contract I work on is carefully tailored to each individual client's needs, so there's really no "one size fits all." If anyone ever tries to intimidate you into signing a deal quickly, or is unwilling to negotiate, that's probably a sign you shouldn't work with that person.

"I didn't want to scare the other person by hiring a lawyer."

Hiring an entertainment lawyer is never a bad thing - it's a sign that you're a professional to be taken seriously and not to be taken advantage of. Any respectable professional in the entertainment industry will not only not object to you hiring a lawyer, they will expect you to. And they'll respect you for it. Also, chances are, if the other party offers you a contract, they probably hired a lawyer to draft it for them (hopefully they did!), so why shouldn't you hire a lawyer to review it?

When it comes to contracts, an entertainment lawyer's job is really two-fold: (1) to help the client understand the offer and (2) to help the client negotiate the offer. And sometimes it's not just what in the contract you have to worry about, but what's not in the contract! A lawyer who specializes in entertainment industry contracts will have the knowledge and experience to know what to look for and how to help an artist get the best deal possible.

Beth B. Moore, Esq. is an entertainment lawyer at The Beth B. Moore Law Firm in Atlanta, Georgia. She specializes in entertainment industry contracts and business consultation in music, film, television, theater, literature and other creative arts industries. She also teaches a music business course at the Atlanta Institute of Music for vocational and degree-seeking students. You can find out more about Attorney Moore at www.bethbmoore.com.

Top 5 Rookie Mistakes When Releasing New Music

Photo of Dylan Cornell by Bonnie M. Moret

Summer is a great time to release new music - just be sure to steer clear of common rookie mistakes. For readers who pursue music as a hobby, the following list is not for you - just keep doing what makes you happy. This is for the artists who want to make music their career and who want to understand how the professional music community thinks.

#1: EPs are where songs go to die. 

An EP (short for "extended play") is longer than a single but shorter than a full-length album (an LP, or "long play" record). Think four to five tracks. EPs are a relic of a bygone era when music was technologically limited to certain types of vinyl. They have virtually no role in the modern music industry and simply come across as half-baked records. I'm also showing my age a bit here, because I still believe in the power of full-length albums. When was the last time you heard someone raving about their favorite EP? I've heard great songs wither and die on EPs because they never got a proper release. 

If you have five decent songs, chances are only one of them is actually good, in which case you should release it as a single and finish the album. If you truly have five solid songs, then write five more and make it a full meal. I will listen to an LP I enjoy over and over, but no one wants to hear the same five songs repeat every 20 minutes. 

An additional problem arises when, if you try to re-release those five tracks on a subsequent album, your fans will not be excited about buying the same songs again. Just don't do it. Finish the album and follow the rest of the tips here.

#2: Releasing cover songs without a license.

So you want to record an entire album of cover songs? Great! You'll have to pay for it, though. If you think creating your own version of someone else's song absolves you of copyright infringement, think again. The good news is that many compositions can be mechanically licensed through the Harry Fox Agency website, which serves as a convenient clearinghouse for a lot of famous (and not-so-famous) songs. If the song you want is not listed with HFA, you can get a license issued directly from the song's publisher. Even better, consult with an attorney who specializes in music to help you navigate this complicated terrain. 

#3: No spine, no find.

Once you're ready to print physical copies of your album (NOT an EP, right?), don't waste your time and money on CD packaging that doesn't contain a spine. You know what I'm talking about: those flatter-than-a-pancake CD covers that double as coasters or get stuck forever between your car seats. Just don't do it. The best reason I've ever heard for this - besides looking cheap and not worth your fans' money - is because it will get lost on a radio station's shelf. If there's no spine, they'll never find it again. 

This is bigger than radio stations, though. As your career advances, there will come a time when you have to solicit the services of publicists, booking agents, bloggers, record stores, management companies, venues, etc. If you want any of them to take you seriously, then start by taking your packaging seriously. Invest in yourself and your product if you expect others to do the same.

#4: Poor album artwork.

Your album artwork is your listener's first introduction to you and your music, and it plays a enormous role in whether or not someone even bothers to listen. Cover art can be as much an expression of the artist as the music itself, but it also functions as a critical marketing tool. The purpose of marketing is to draw in customers, and if your album art fails to do that, you've at best missed an opportunity to make a sale and a new fan, and at worst you've actually turned away customers with bad album art. You don't have to wear a cowboy hat to sell a country album, but don't steer your listeners wrong about the contents of the record either. Be creative and get feedback from friends, fans or internet strangers on which images, concepts and even typeface convey you and your music the best. They may reveal to you things you never even considered.

And above all else, don't forget to put your name, album title and song titles on the packaging AND on the disc. You're not famous enough not to.

#5: It really is all about the marketing.

So you've spent years pouring your heart and soul into the production of an album (NOT an EP!), worked tirelessly on the album artwork, finally got it mixed and mastered, and then... you got trigger-happy and released everything online for free. No build-up, no announcement, no press release, no tour, no exclusive first-listen for your fans or bloggers. Nothing. You just assumed that once the internet heard your beautiful creations, money and attention would start pouring in like the gold rush. But it doesn't work that way. 

Making an album takes a long time, and planning for the release of that album should take a long time, too. Music at its core is all about the creator, but if you want to make music your career, you have to set your ego aside and consider your audience, at least for marketing purposes. Think about all the great album releases that have drawn you in. None of it is accidental. Good marketing is designed to be subtle. If you've never marketed a product or service before, written a press release, or organized a tour (the traditional ways in which artists promote and sell their works), then you may want to consider investing in the services of a publicist, marketing firm or booking agency (that is, if you can get one to accept you as a client). This is what separates the music hobbyists from the professionals.

If all of this makes your head spin, then take a deep breath and don't worry - the music business is a marathon, and the rewards go to those with the most endurance. Success, if it happens at all, necessarily means familiarizing yourself with the standards and practices of a nearly century-old institution while also navigating the rapidly evolving world of instant digital distribution. This is a team effort with a lifelong learning curve, so invest in yourself, prepare for the long haul, and outsource the tasks you're not an expert in. You can do this.  

For more tips on how to structure band agreements or distinguishing between songwriting and recording rights, check out Attorney Moore's other writings at www.bethbmoore.com.

Beth B. Moore is an entertainment lawyer at the The Beth B. Moore Law Firm in Atlanta, Georgia. She represents recording artists, songwriters, managers, independent record labels and other music professionals, helping them navigate the legal and business challenges of the music industry. You can contact Attorney Moore at beth@bethbmoore.com.

There Are Fans, And Then There Are Superfans.

Photo by David Avant - www.photogdavid.net

For decades I thought I knew what it meant to be a dedicated fan of my favorite musical artists - I'd listen to their music, share it with my friends, attend the live shows - but it wasn't until I started managing a band two years ago that I discovered a whole new class of people I lovingly refer to as "superfans." 

Superfans are folks who love the music so much that they collectively comprise a sort of "underground railroad" for up-and-coming artists, such as the band I manage. A superfan can be anyone, from a distant Facebook friend to a family member, an old college roommate, a show promoter, or even a complete stranger. Superfans are the secret ingredient to our band's early successes, so I want more people to know what they've done in hopes that this trend continues for us and for other young bands. Your results may vary, but here are seven real-life examples of what superfans do to set themselves apart:  

• Superfans invite us into their homes. Even rock stars need a good night's sleep, and many young bands simply can't afford hundreds of dollars for hotel rooms every night to go on tour. Finding a place to crash is the second most important thing next to actually booking the gig. Sometimes we're able to stay with folks we already know and trust; other times it happens spontaneously with folks we've just met. We've been invited into the homes of retirees and empty nesters, sleeping in their now-grown children's beds. We've gladly laid sleeping bags on the cold, hardwood floors of an empty mountain house. One superfan in Fayetteville throws a big bonfire after-party for us and lets us take over every bed and couch in his house, while cooking a breakfast buffet in the morning fit for an army. Staying at a superfan's home is about more than just helping the band save money; it also paves the way for a lifelong friendship. Chances are, if we've stayed with you before, we're probably gonna do it again! Thus, one more plank in the underground railroad is laid. 

• Superfans buy us hotel rooms. Helping us secure hotel rooms is the absolute next best thing a fan can do for us besides inviting us into their home. One time, early on in my management career, I failed to properly plan for a late-night show an hour south of our hometown of Atlanta. With several band members driving, and yes, some of them drinking, it wasn't clear how everyone would get home safely that night. Hotel rooms would cost more than what we earned at the show. Perhaps unwittingly, a brother of a friend (turned superfan that night) came to our rescue by offering to use his hotel points to comp us two rooms at the hotel down the street where he was staying. I'm sure to him it was no big deal - he wanted to hang out anyway and had business travel points to spare - but to me, it meant everything. It meant everyone got home safe and sound that night. It meant I still had a band intact to manage the next day, and that I would do a better job of managing so that situations like that never arose unplanned again. If superfans and talent buyers would comp us hotel rooms everywhere we played, we could probably go on tour tomorrow.    

• Superfans bring us food. Artists need to eat well in order to perform well. A typical night for a gig - from load-in to load-out - can easily span 8 hours, and the venue doesn't always provide the band with a meal. Healthy eating at home is hard enough, but on the road it's nearly impossible. A fresh, homemade meal for a touring band is a godsend for the psyche and the digestive tract. One promoter we work with in south Georgia could book us anywhere, anytime, for practically any price, so long as he keeps bringing us his neighbor's delicious pulled pork BBQ to every show. The heaps of leftovers make a perfect late-night snack at the hotel too. Bless the people who fill our bellies and make us feel at home when we're just visiting.

• Superfans share, share and share some more. I could easily name the top five superfans (as measured by live show attendance and social media interaction) who love our band like it's their religion. No joke - a couple of them even have tattoos of our band logo, one spanning the guy's entire back (lookin' at you, Brandon!). This is the kind of superfandom I'm talking about, and it truly is the lifeblood of our band's advertising ability. Like clockwork, superfans will like, love, post, comment, share, click, forward, re-tweet, and upvote everything we post on social media, and we love them for it. We rely on superfans and everyone who promotes the band's content to be our collective publicists and marketing team while we build momentum. I believe peer-to-peer sharing is more effective than paid advertising anyway.

• Superfans help us get gigs. The most common way superfans help young bands get gigs is by directly referring them to new venues and show promoters. Unless a talent buyer or promoter actively seeks us out, it's up to us to contact them and try to work out a deal. In my experience early on, if I would cold-call (or cold-email) a venue about booking a show, my chances of getting a response were virtually slim to none. However, if someone with a personal relationship (no matter how tenuous) referred us to the venue, our chances of landing a gig went up exponentially. Venues listen to their customers and cater to local tastes, so mentioning the band's name to the right person can make all the difference in the world. A select group of superfans understands this, especially the ones who work in the music industry too, though everyone has the power to wield this kind of influence.

• Superfans hire us for private parties. If you think hard-working Americans won't spend thousands of dollars to hire their favorite band to play at their birthday party or wedding anniversary, you'd be wrong, my friend! I personally love these kinds of shows, not only because the pay is great, but also because of the friendly crowds and the (perhaps unintentional) emotional support. It is truly a wonderful feeling to see superfans so dedicated to the band that they're willing to put good money on it.   

• Superfans share their gifts with us. The band has received numerous gifts from superfans over the years. From bootleg recordings to a custom beer cooler, their contributions are always welcomed and often long-lasting. One superfan donated his time and talent in the form of a professional music video to our first single, which helped us launch the debut album. Paintings and sculptures inspired by the band's music adorn their recording studio and rehearsal space. One superfan gifted us a large, polished, steel wall hanging of the band's logo, cut in his own factory. Sometimes it's as simple as a friendly email telling us how our music has impacted their lives or a photo of them wearing the band's tshirt. These may not seem like big things, but they mean more to me and the band than most fans may realize.  

For more discussion on the topic of superfandom, I highly recommend Amanda Palmer's TED Talk called "The Art of Asking," which continues to serve as a source of inspiration in my career as a band manager and entertainment lawyer. Thank you to all the superfans out there who support up-and-coming artists in this new, wild-west era of the music business! The power to change the future of music is quite literally in your hands. 

Beth B. Moore, Esq. is an entertainment lawyer at The Beth B. Moore Law Firm in Atlanta, GA. She also manages southern rock act The Law Band and enjoys blogging about her experience in the trenches. For more blog posts and information about Beth, please visit www.bethbmoore.com. You can also follow me on Facebook and Twitter. 

Photo of City Mouse reprinted with permission by David Avant Photography. Photo taken at Good Ol Days in Cumming, GA on Jan 10, 2015.