When I learned I had the opportunity to write a "legal column" to reach potentially millions of talented musicians, managers, producers and backers, I wanted to say something that has not been recited many times before. Yes, legal columns are places where lawyers traditionally explain how to fill in copyright forms, what "re-recording restriction" means, what is the difference between the "underlying work" and "sound recording," etc. These are vitally important discussions, as are explanations of the myriad clauses in recording, management and publishing agreements. Since all of that information is readily available in many books at better bookstores everywhere, as well in our future columns, I will try to cover some other considerations of the business of music.
First of all, here is our "mission statement" . . . to elevate the conversation about making music and to inspire thought; we hope this leads to each and every one of you making better music after we helped you consider something useful that you did not consider before. One or more of you may make musical history.
In future installments of this column we will look at the bigger picture about what we are both interested in . . . the Music. I consider myself fortunate to have the chance to write this column and to communicate with you, but remember, this is your column, too. Part of this "exchange" is my invitation to you to let me know what you are thinking, and what your questions are.
If you have legal matters to deal with, such as "transactions," certainly you should consult a lawyer. In addition, if you want to learn the "business of music" as opposed to the "music business" - you can start by reading some of those self-help music business books. What you will find is that you will begin reading about the same concepts in most of the various books. As the information becomes more clear, you will start to comprehend the touch points you need to know to understand the "business of music". I think the real benefit of a self-help education course is that, in addition to keeping you from more readily getting "done in" making foolish business mistakes in your creative life, you will become a more knowledgeable client who is better able to work with whichever lawyer you eventually engage. Just remember to be smart about "taking advice" and your relationship will be more productive.
So Rule #1 is find the right attorney for yourself, when your career warrants it. That is, when you have interests to represent or when you realize it is time to start getting professional guidance. When you find that lawyer who does meet your requirements, pay him or her a reasonable consulting fee for their time. Make it a professional relationship.
Saying so myself - and I am one of those lawyers who was a professional musician, too - many musicians are not as informed as they should be when it comes to the business of music. If you earn a great livelihood making music, you need to delegate the business end of it to trusted professionals to handle the business, so you can maximize your focus on the creative. That trusted professional might be a manager, an attorney, or some combination thereof. In my opinion, your personal attorney is the closest to you since that professional will be there when your first management change gives way to the second and so on, as they all too often do - for the better or worse. So the corollary to Rule #1 is engage an advisor who is there specifically for you and looks out for your interests.
Speaking to you from experience (although for now you will have to take that on faith), there are some important fundamentals that make up the very essence of what you do with your music and with your music career. These fundamentals are often compromised by Pervasive Myths. For example, one of the Myths is that if you can play in front of an audience two or three nights a month, you are on your way to becoming a rock star. There is a kind of prerequisite knee jerk answer that perpetuates the Myth. Your response may be, "there are no gigs, etc. !" (There probably aren't.) We all also know that is not our fault, that is the fault of the system, the club scene, the agents, etc. We all know how tough it can be to be a musician, in New York or anywhere for that matter. But that is kind of like driving a cab in New York City. It's a really rough way to make a living...unless you happen to be a cab driver making a good living, driving a nice clean cab complete with soft atmospheric music playing, a newspaper to read in the back seat, and carrying on a successful business in his or her car. Why do some cab drivers seem to have it all together, while others just don't get it?
If anyone is not seeing through this, I am respectfully raising the question, why do some bands and artists get ahead, while others just can't seem to find an audience? Where does the fault lie? With the audience. . .the agents. . . the club owners? Just what is going on out in the music business world?
So as you can see, there is a lot to talk about in the coming months in this column, and we have not even gotten to where I believe the answer invariably comes to rest . . the Song. We'll be talking about music, not attitude here. (The only useful attitude to have in this business is a "healthy attitude".) There is good music, and then there is something other than good music. This column will help you focus on how you can play your music, find an audience for it, and be able to dedicate more of yourself to playing the music you like. It just so happens that it is more rewarding when the music you play and the music the audience knows it likes is "in sync".
That gets us into the realm of shared experience, and therein probably lies the magic and "tribal" nature of music --- our shared experiences in listening and relating to the music. This is the basis of positive musical and cultural trends. As a lawyer representing artists and presenting creative work to decision makers, I first take a close look at the quality of the work I represent. There must be some quality in the work which I can point to achieve the success the artist is looking for, be it for a record contract, production or publishing deal. We do not just go out and "shop a deal", whatever that has come to mean. We "represent creative talent and their business interests, " which is a broader yet more defined role. The first place I look and listen is the Song. You should look there first as well before you waste your time and money promoting something which could often be better if you just held yourself to a higher standard. This is a vital part of the process of making great music, whatever the genre you play.
So I hope you get a sense of what we will be trying to do here. We would appreciate hearing from you with your questions and comments for future articles. The best letters will inspire articles, dialogues and hopefully creative discussion where we all can learn something we did not know before.
Thanks for taking the time to visit. If you like this column,
please share it with a friend. Feel free to write with your questions
and comments for future articles to:
Robert Rosenblatt
301 West 53rd Street
New York 10019
Telephone (212) 262-2112
or email to legal@soloperformer.com.
© Copyright 1997 Robert Rosenblatt
