The typical personal management contract includes language that the manager agrees to advise, counsel, and assist the artist in connection with matters in the music industry involving the "selection of literary, artistic and musical material." Quite often this language is the first area of services set forth in the agreement. Today most musicians seeking recording contracts do not have management, and regrettably have to rely on their own musical instincts. In the exceptional cases, artists are so on the money about their artistic direction that they are quite good at charting their musical course.
However, in today's musical environment, this is the exception not the rule. Since there are more bands and less venues and money making engagements available to the average group, there are less opportunities for would-be managers to act on behalf of the act. Managing an act effectively requires lots of time and money. With fewer money making transactions to commission, there are fewer opportunities and it follows, fewer managers. This leaves the band without the objectivity of guidance, especially in the critical realm of structured career development. Probably no aspect of career development is more crucial than the "selection of literary, artistic and musical material." This clause is all about musical style and repertoire, but try to tell that to the average group.
Experienced people in the music industry understand that perhaps the most important service an entertainment lawyer can provide to a musical act is career guidance. Entertainment lawyers do a lot more than "shop" for record deals and review overly-wordy contracts. They manage careers in the true sense of the word. Some even manage managers. A knowledgeable music attorney can steer musicians in the right direction and away from all the dead ends which lie ahead...if you listen and are ready to follow advice. Too many acts spend all of their money and go into debt recording material and pressing CD's which prove to be ineffective career moves, because as records, they are "uneventful."
Nevertheless, the group then comes to the attorney after the project has been recorded and CD's pressed, and when they have no budget for the objective advice and guidance that a knowledgeable music attorney can provide - the objective advice and counsel that bandmembers need but deny themselves. For some reason, bands have come to believe that the music attorney comes in after the CD is recorded and the deal has to be shopped to record labels. By that time, most of the groups have spent all of their money on recording "disposable" music, poorly written songs, long on attitude, short on musicality. Some groups want attorneys to find them managers. It is interesting that if the attorney questions selection of material or style, the group does not want to hear their artistry challenged. What do they think a real manager will do? The song comes first. Ask anybody who knows!
The point is that although the group may not have a manager during this early career stage, the group more than ever needs professional advice concerning the "selection of literary, artistic and musical material." If the group requires this aspect of direction once they have management, and ideally a recording contract, it stands to reason that their need for qualitative" feedback and objectivity is even greater at this formative time.
This is the time for the "wanna-be" recording artists to learn about musical performance, presentation, songwriting skills, and just as importantly, the ability to know good material when you see it. In addition, it the time to discover the smart option to incorporate "showmanship" into your musical persona. Showmanship is entertainment value, and it's coming back, so don't get too sold on attitude, because that's getting old already. Audiences really want to be entertained, not assaulted. So consider being the first band on your block who actually wants to entertain, not posture. Lots of choices to make about who you will be when the curtain comes up (if there is a curtain), and you should seek out the level of guidance that can turn you on to all the "tasty stuff," as Neal Schon called it.
So the next time you call your favorite music attorney asking them if they can get you a record deal, you might first consider if that experienced professional is interested in helping you with the "selection of literary, artistic and musical material," (by far the most important information for you to have). This is a professional who may know a lot more than you about what steps to take to become a successful musician. Moral of the story: Find advisers who know more than you do, and follow their advice. They have been there, and they are there to help you. And that's one of the best reasons why some of us got into the business in the first place.
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Robert Rosenblatt
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or email to legal@soloperformer.com.
© Copyright 1997 Robert Rosenblatt
