F.A.Q.
How do I get started as a recording artist?
Because there are so many aspects to an artist's development in the music business, it is impossible to answer most questions with a a short answer. We have attempted to cover many of the questions posed by developing artists in our book titled Music Business Made Simple: Guide To Becoming A Recording Artist, which can be found at our web site MusicContracts.com. We have provided several chapters on the web site that may be helpful. Other chapters can be read with the purchase and download of the e-book. The book can also be purchased in paperback from Amazon.com.
How do I start a record label?

If you need basic information about starting a record label, most of the information is covered in the book entitled Music Business Made Simple: Start an Independent Record Label. The book can be purchased and downloaded in a PDF format on our affiliate website MusicContracts.com. Or you can buy the paperback version of the book at Amazon.com or ask your local bookstore to order it for you. If you do not wish to purchase it, your local library may have a copy or can order it for you as well.

Otherwise, what we usually find works best is to have a one hour consultation regarding your company to discuss your company's status and evaluate the legal services you may need and give you my opinion. We charge $100.00 fee for this 1 hour consultation. Basically we discuss your company's goals to determine your need for contracts, company structure and other potential legal services. We can give you an evaluation and then let you determine what you may need presently and what your choices for the future.

Though we do represent clients in the entertainment industry, we do not shop deals for our clients. So while we might discuss how you go about finding distribution and we may know of a distributor that might work for your company, it will be up to the company to contact the distributor. We will then represent the record label if the distributor is interested and presents a contract.

If you wish to set an appointment for a telephone consultation, then send us a reply to the e-mail and we can set something up. We ask for payment either by credit card at the time of the consultation or by a check, money order or pay-pal in advance.

Best of luck on starting your new label.

When does an artist need an entertainment attorney?

An entertainment attorney should be your first professional contact in the music industry. A good attorney can help guide you through each step of your career, help you make decisions about how to achieve your goals, and assist you in approaching industry "gatekeepers." For these reasons, I recommend finding an entertainment attorney early in your career, someone to advise you along the way.

Most entertainment lawyers will charge a nominal fee to counsel you on career development matters. During these consultations, you can get answers to many of your questions, insight into the industry, and valuable help in advancing your career in music. It is really beneficial to have this kind of direction, and to have someone looking out for your best interest, even if you have to pay for it, from the very start of your career. You won't have to sign an exclusive contract to consult with an entertainment attorney, who will be available whenever you want to set an appointment. Once you find a manager, it will become his or her job to advise you about career issues, while your attorney will continue to counsel you in legal matters.

Exactly when you first contact an entertainment attorney is, of course, up to you. I really don't like to set absolute rules, or say "never" or "always," because every situation is different. But once you start dealing with contracts, the absolutes apply. Never sign anything related to your music career, except an autograph, without the counsel of an entertainment attorney. This is not an option, but a requirement. Protect yourself. No matter what your music-related goals may be, this is a business based on contractual agreements. Before signing one, always have it reviewed by an attorney. This will help you to know exactly what you are signing, what you are committing to, and what you will receive in return. And always seek the advice of an experienced attorney who is knowledgeable about the music industry. In other words, your Aunt Sara's neighbor, Bob, who practices real-estate law, is not the guy you need representing you on a record deal.

Some artists believe that employing an entertainment law firm will hurt their chances of securing the deal because the attorney will intimidate the other side or somehow ruin the deal. This is an unfortunate misconception. As described in the previous chapter, your entertainment attorney will advise you and help to protect you from signing a bad deal. It is simply the attorney's job to negotiate a better deal with the record company or other industry professionals.

Reputable companies, managers, and other music-industry professionals know this and will actually welcome your use of an attorney. No major record or publishing company will negotiate a contract with an artist who is not represented by an entertainment attorney. And no reputable professional will object to your having an attorney review an agreement before you sign. If the person or company with whom you are talking does not want you to hire an attorney, or says you do not need an attorney, or breaks off negotiations because you sought out counsel, then you absolutely should not be in a contract with that person or company anyway.

You may prefer to save money and go without an entertainment attorney. It always is your choice. But know this: During my years of experience, I have spent a lot more time (and made a lot more money) trying to get artists out of bad deals than negotiating moderate to good deals for clients who hired me at the start. As the old saying goes, "You can pay me now or pay me later." Bottom line: Your attorney's fees are as much a cost of doing business in the music industry as your guitar or studio time.

What does an entertainment attorney do?

An entertainment attorney's primary job is to advise and counsel clients (i.e., you) about legal aspects of the entertainment industry. Common responsibilities of an entertainment lawyer will be to draft and negotiate contracts for you with third parties, such as record and publishing companies, managers, booking agents, and producers. An entertainment lawyer will also prepare your copyright or trademark registrations, and advise you on issues as diverse as goal setting, things to consider when choosing a manager or record company, and your career direction.

We have all heard horror stories about artists signing bad deals. I've seen the aftermath, and it's not pretty. The single most important job of your entertainment attorney is to help you to avoid these kinds of disasters. The attorney will advise you and protect your interests before you sign any agreements with other industry professionals or, ultimately, record companies. He or she will make sure you understand the contract, and that the contract is up to industry standards. In other words, your attorney's main objective is to do everything he or she can to make sure you enter into a fair agreement with a reputable record label, producer, manager, etc.

So before you sign any contract in the entertainment industry, always get the advice of an entertainment attorney. Simply having an attorney does not guarantee you'll get the best contract (as in any other profession, some attorneys are better than others). However, it greatly increases the likelihood that you'll understand the contract you are signing, and that you won't get burned.

One thing all entertainment attorneys do not do, despite the popular myth, is seek out and secure record deals for artists: A process known as "shopping" an artist to record labels. It is true that some entertainment attorneys perform this service, but very few succeed in getting their clients signed to a deal. The ones who do succeed almost always are working with artists who already have spent years developing themselves and have had some success. A reputable, experienced entertainment attorney will explain this to you. Many artists and/or their parents want to be told that if they spend a ton of money on a demo tape and hire an expensive lawyer, they'll get a deal from a major label. You can try this, but I strongly recommend that you don't. You'll probably end up with a great-sounding demo, no record deal, and a lot less money.

If you find an attorney who says he or she will shop your material to labels, be cautious. Before writing a big check, or even entering into an agreement with the attorney to send your material around, ask a lot of questions regarding his or her experience in the entertainment industry, who he or she has represented, and how many successes he or she has had getting record contracts for artists. The fact is you can't buy your way into the music industry. You get there through development and hard work.

Unfortunately, record companies perpetuate the myth, telling artists that entertainment attorneys can shop their materials. They tell artists this only because their label does not accept material directly from artists and instead wants materials submitted by someone with whom the label has a relationship. This process is best left to successful managers or producers who have a relationship with the label(s) you wish to contact and experience shopping artists.

Does the lawfirm shop demo recordings to record companies?

Your inquiry about the music business is one that many aspiring artists and songwriters e-mail me about. Though most major labels or publishers will tell you to get an entertainment attorney to shop an artist or songwriter, they do not make it very clear. Record labels or publishing companies do not sign new artists or songwriters from just a demo recording unless that artist or songwriter has some experience and have developed their talents over time. For a rock band, this could mean several years of writing, recording demo or independent recordings, performing live in clubs and perfecting a sound and look. For individual pop, country or hip-hop artists, development means vocal and dance lessons, writing songs or working with songwriters, working with producers to perfect a sound and recording and performing live. For songwriters it could mean having your songs recorded by local artists, used in small independent films or local radio or television advertisements. Developing artists and songwriters will either do this themselves or they will find and work with a manager/producer to help them with these things.

Because there are so many aspects to an artist's development in the music business, it is impossible to answer most questions with a a short answer. We have attempted to cover many of the questions posed by developing artists in our book titled Music Business Made Simple: Guide To Becoming A Recording Artist, which can be found at our web site MusicContracts.com. We have provided several chapters on the web site that may be helpful. Other chapters can be read with the purchase and download of the e-book. The book can also be purchased in paperback from Amazon.com. Though we do represent clients in the entertainment industry, we do not shop deals. We usually become involved after a client has acquired some interest on his or her own. If you do acquire some interest and have not found an attorney to represent you then please keep us in mind. We would be happy to assist you in your legal needs.

Be cautious of anyone, including attorneys that shop artists for a fee. Its not that they are not trustworthy, it's that they may not be successful doing it. You should research the person who is representing their ability to get an artist signed, to find out other artists or songwriters the person is claiming to have signed and if in fact they are reputable. It's not unreasonable that someone who is reputable would want to cover their expenses and quite possibly have his or her time compensated. But make sure they have a track record. Otherwise you are wasting your time and money. You are doing the right things though by contacting attorneys such as me and doing your research.

If at any time you receive some interest from a label or other third party, then we would be more than happy to work with you in advising you during your initial discussions and maneuvering your way through the deal.

What Services Does the Lawfirm Provide?

As entertainment attorneys the legal services we provide range from preparing, reviewing or negotiating contracts, handling copyright or trademark issues including filing the appropriate applications, business formation advice and services such as forming partnerships or corporate entities. We also provide general industry and legal advice to both artists and companies.

Though we do represent clients in the entertainment industry, we do not shop deals. We usually become involved after a client has acquired some interest on his or her own. If you do acquire some interest and have not found an attorney to represent you then please keep us in mind. We would be happy to assist you in your legal needs.

We always start with a one hour consultation to discuss the client's situation so that we may evaluate the services that are needed for the client's particular needs. We charge $100.00 for the consultation. Therefore, if you think you would be in need of our services, please contact us to discuss setting up a one-hour telephone or face-to-face consultation.

What Does An Artist Manager Do?

One of your most important choices as a musical artist will be selecting your professional manager. This individual will represent you to other people, provide music-business counseling, and guide your career. He or she will probably be your closest friend in the music business, your most trusted professional partner. Therefore, it is critical that you consider your choice of manager very carefully. The manager's exact duties will usually depend on the artist's level of success. I will focus below on the things a manager would do for a developing artist, like you.

Artist management is the business of enhancing or furthering an artist's career. Your manager will provide many important services for you. First, he or she will create opportunities for you to get new experiences that you otherwise would get only through frustrating years of trial and error. This will be especially important early in your career. In addition, your manager will devise and carry out a plan to promote you to the public. And after your career has advanced to a certain point, he or she will work with your label, booking agent, publicist, etc. This will leave you free to write, perform, and generally do what you do best: Be an artist.

Right from the start, you will benefit from your manager's knowledge of the best ways to promote and develop you in the immediate community-whether through clubs, college or public radio stations, record stores, print media, or most likely, a combination of those. Your manager will probably have spent years building knowledge, resources, and relationships. You will get the benefit of those experiences without having to go through them yourself. In this way, a manager can help to speed up your development and allow you to focus on constructive, creative things, like improving your musical and performance skills and writing better songs.

No, the manager is not there to put up flyers advertising your show while you sleep off a hangover. Until you can afford to hire a work force, you are the work force. However, depending on your relationship, your manager might design your flyer, take it to get printed, and help you place it on windshields of cars at clubs around town.

Your manager knows you will eventually need a strong promotional package to send out to independent labels. He or she will help you create a package that represents your artistic talents most effectively. The manager also knows that labels are looking for artists with (1) good songs, (2) an ability to record, and (3) a solid live performance. Your short-term goal is to meet these three criteria. Your manager will help you create and implement a plan to develop your talents so you can accomplish this goal.

Your manager will also handle a lot of administrative things that can generally make you crazy. For example, he or she will (1) arrange for you to go into the recording studio as often as possible; (2) encourage you to practice and give you feedback to improve your live performance; (3) book your shows, or hire a booking agent to find you gigs to help you improve your performance and build a fan base; (4) arrange to have your photographs made for publicity and promotions; and (5) encourage the media to review your performances and/or recordings (these reviews will be included in your promotional package).

It is important to mention that California and New York have specific restrictions regarding a manager obtaining employment for an artist (i.e., booking shows), unless the manager also has a talent agent's license. I recommend that you research this issue in your state to determine the limits (if any) on your manager's ability to act as your booking agent. And, obviously, you will want to consult with an entertainment attorney before signing a management contract.

When does an artist need an manager?

A paradox presents itself early in an artist's career. While you will certainly need advice throughout your career, you probably will need the most guidance when you are first getting started. Unfortunately, until you've gained a small amount of success, you won't be able to attract an experienced manager. So what are you supposed to do?

If you understand the purpose of a manager, you will be able to advance your career on your own, until you find a manager. As explained in the previous chapter, your manager's most important jobs are to (1) devise and carry out a plan to promote you (the artist) to the public and help you build a fan base, and (2) work with your label, booking agent, publicist, etc., so you can concentrate on writing songs and developing your musical and performance skills.

There is a common misconception that a manager will develop an artist's raw talent. This isn't true. We've invented vocal and performance coaches and music teachers to develop musical and performance skills. The manager's job is to help an artist who is already developing him or herself to leap forward in his or her career. The good news is you don't need a manager to improve your skills, gain valuable experience, and begin to enjoy success in the music industry. You can simply begin by doing the things set forth in this book.

Many artists start their careers with representation from friends or family members. While there is usually a certain level of trust built into this kind of arrangement, your friends and family probably don't have enough knowledge about the business to help you develop your career very far. Nonetheless, they can probably help in some ways, even if it's just doing some legwork or providing moral support. In the beginning, that may be good enough.

But as your career progresses, you will present your music and image to record labels and other third parties. The quality of your presentation is vitally important to your success as a musician/performer. Labels want to know that your representative is knowledgeable about the business and can continue to improve your career. When you get to the point of talking to labels, if not before, you'll probably need a professional manager.

When an artist starts making money, his or her manager is paid a percentage of that income. When you start out, you will be more concerned with development and opportunities than with making money. This is proper, but it means that at first, you will not be able to pay a manager. (This is part of the reason most professional managers will wait until you achieve a certain level of success before they will work with you.) That's okay. I have met, known, and represented many successful artists who did not have managers, even when they signed their first record deals. So don't worry if you don't have a manager in your first year (or five). You'll be in good company.

Unfortunately, no bell will ring when you have reached the right point in your career to obtain a professional manager. Many times, this decision is based upon knowing what specific managers are looking for. For example, many managers of young pop artists want to begin working with those artists very early, so they can help to refine that talent. Other managers prefer to work with artists who already have developed their skills and careers to a higher level.

Although it can be difficult to know exactly when to seek out a manager, there are some rough guidelines to help you. If you have taken the following steps in your career, you are in a position to approach a manager who has had some success in managing other artists in your location.

Develop a repertoire of enough quality songs to perform a thirty-to forty-five-minute set. Perform those songs live with some success locally. Record at least three of those songs on a quality recording. Put together a promotional package showing your talents. Of course, there is no law that says you need a manager at this point. You may continue to develop yourself, and even get a deal with a reputable independent label. If you make it that far on your own, you'll be able to approach even more successful managers, because you will have demonstrated that you have drive, talent, ambition, and an ability to make money in this business. Having persevered through the difficult early times, you are beginning to establish yourself. You won't have to convince people; they will be able to see the results of your work. This puts you in a good position to shop around for different managers.

Until that time, though, concentrate on creative development and being the best performer you can be. Assuming you have talent, your early hard work will create later opportunities for finding a manager (and other industry professionals) to take you to another level.