Getting Started in the Music Business - Publishing

Understanding Music Publishing

What is music publishing?

Music Publishing is the business of exploiting your music through licensing your songs and collecting the royalties.  The owner of copyrighted songs has the exclusive right to perform those songs and to make, sell and distribute copies of the songs. The copyright owner may license others to use any or all of these exclusive rights for a fee. The income generated from granting a license is publishing income, and there are four main types:

• Performance IncomeEvery time your music is played in public, you are owed a fee for the performance of your music. It is impossible for anyone to track every time a song is played in a club or on the radio, so publishers sign up with, or "affiliate with," one of the performance rights societies: BMI (Broadcast Music Incorporated), ASCAP (American Society of Composers, Authors and Publishers) and SESAC. These groups issue performance licenses to radio and television stations, nightclubs, restaurants, and so forth, so that these businesses can play a variety of music. The societies then track and collect the revenues and pay the copyright owners.
• Mechanical RoyaltiesWhen you issue a license to a record company to manufacture and distribute copies of your songs on tapes and CDs, the record company will owe you a fixed price per song on each copy sold. This fixed fee is the "mechanical royalty rate," and it can be either negotiated and set in your recording contract, or based on the current statutory rate as fixed by the Copyright Act. The mechanical royalty rate is set by the Compulsory License Provision found in Section 115 of the U.S. Copyright Act; for the period January 1, 2002 to December 31, 2003 the statutory mechanical rate is 8.50 Cents for songs 5 minutes or less, or 1.65 Cents per minute or fraction thereof per unit sold - whichever is greater (after January 1, 2006, the rates will be 9.1 Cents and 1.75 Cents, respectively. The Harry Fox Agency, a subsidiary of The National Music Publishers' Association, is available to grant mechanical licenses for its almost 28,000 publisher clients. For more information, contact:
  
  Harry Fox Agency711 Third Avenue, Eight Floor, New York, NY 10017
  (212) 834-0100; fax (212) 953-2384
  
  
• Synchronization IncomeA "synch" license is what you grant to film or television productions to allow them to use your song as an accompaniment to film and TV pictures. There is no standard industry fee for synch licenses. The fees are negotiated and depend on the importance of the particular song and how it is used in the production. In a situation where a popular song is used as the basis of a scene, such as the "Old Time Rock and Roll" scene in "Risky Business," the fee can be in the hundreds of thousands of dollars. For local television commercials and low-budget films, the fees are whatever you can negotiate.
• Print IncomeThese royalties are generated by any publication of your songs in written sheet music or a "folio", which is a book of songs. This category is not a big earner for many artists, but "Greatest Hits" print anthologies published for artists like Joni Mitchell and Led Zeppelin are examples of popular printed music. For each book or sheet sold, the copyright owner of those songs receives a percentage of the retail price.
  

What do Music Publishers Do?

A publisher is responsible for "administering the rights" associated with your copyrights, which involves getting your songs played, issuing the appropriate licenses and collecting the money. In the standard arrangement, a songwriter will sign over her copyrights to the publishing company for administration, and in turn the publishing company agrees to pay 50% of all revenues collected to the writer.

The publisher collects mechanical, synchronization, print and foreign release income for the author. The company keeps the "publisher's share" and pays you the "writer's share." The one exception to this arrangement is in the performance income collected by performing rights societies. The societies issue the writer's share directly to you, and issue the publisher its share separately.

What are performing rights societies?

There are three performing rights societies. ASCAP (American Society of Composers, Authors and Publishers) and BMI (Broadcast Music Incorporated) are the biggest, and they are both non-profit organizations. SESAC, Inc. is the oldest and smallest society. It is privately owned and handles about 1% of published music. These groups issue performance licenses and track the use of music in clubs, on radio and television, in elevators, and anytime a song is heard in public.

Every time one of your songs is played in one of these places, you are owed a fee. Since it is impossible for you to negotiate a license and collect fees from every bar and radio station in the country, you affiliate with one of the societies and authorize them to do it for you. The organizations pay writers and publishers separately, so you should affiliate as a writer to receive the writer's share of your performance royalties. If you plan to do your own publishing, you need to affiliate as both a publisher and a writer with the same society.

Businesses that want to play commercially released music benefit in a parallel way from the performing rights societies. A small bar or college radio station cannot negotiate licenses and pay individual artists for every song they play, so they buy a "blanket license" from ASCAP, BMI and SESAC. For a flat fee, businesses buy the right to play the entire catalog of songs handled by each society, which together accounts for almost all commercially released music.

The societies collect all the blanket license fees, which add up to the hundreds of millions of dollars each year. The revenue left over after collection expenses are paid for is divided among the members. The societies determine how much airplay songs are getting by tracking radio and television play lists. They pay each member a share based on how many songs he has being played, and how often the songs are played. In effect, a top-ten hit that is played constantly all over the country will get more royalties than songs that are played occasionally on oldies' stations.

How do I affiliate with ASCAP, BMI and SESAC?

You can affiliate by contacting the societies directly and requesting a writer's packet, a publisher's packet, or both. The packets contain information about the organization, the application kit, a W-9 tax form and the exclusive membership agreement. There are no application fees.

You choose one society and affiliate with it exclusively, so research the societies before you commit yourself. All three have extensive websites for browsing, or contact the organizations and request information. Also ask your friends in the business which group they use, how they are getting paid, and whether they are satisfied with the service. The membership office contact information is as follows:

ASCAP
New York: One Lincoln Plaza, New York, NY 10023, (212) 621-6000
Los Angeles: 7920 West Sunset Boulevard, Third Floor, Los Angeles, CA 90046, (213) 883-1000
Nashville: 2 Music Square West, Nashville, TN 37203 (615) 742-5000
BMI
New York: 320 West 57th Street, New York, NY 10019, (212) 586-2000
Los Angeles: 8730 Sunset Boulevard, 3rd Floor West, Los Angeles, CA 90069, (310) 659-9109
Nashville: 10 Music Square East, Nashville, TN 37203, (615) 401-2000
SESAC, INC.
55 Music Square East, Nashville, TN 37203, (800) 826-9996
http://www.sesac.com

Should I create my own publishing company or go with an established publisher?

Instead of signing away their copyrights, many artists prefer to create their own publishing entity and either administer the rights themselves or hire someone to do the administration work. This way you keep your copyrights and your publishing monies, but you also have to do much of the work and make the contacts yourself. The toughest part of publishing is tracking and collecting the money, but you can let the industry pros do that for a small percentage of the revenues. You can affiliate your publishing company with ASCAP or BMI for collecting the performance income. For the other major source of publishing income, the mechanical royalties, you can engage the Harry Fox Agency to represent your publishing company.

On the other hand, a good publisher can make you a lot of money by exploiting your songs as thoroughly as possible. Publishers don't make money unless you are making money, so they have a financial stake in your success. They have contacts in the industry, and more clout and experience in negotiating the licensing fees. They can increase your performance income by plugging your songs for radio airplay and getting your songs released in other countries. Publishers can also shop your songs to other artists for "cover recordings," which generate more performance and mechanical royalties. In all, a favorable agreement with a good publisher could be a very lucrative path for exploiting your work.                                 

What is the Harry Fox Agency?

HFA issues mechanical licenses for publishers, much like the performing rights societies handle the performance licenses and income. The agency's primary role is issuing mechanical licenses to record companies, online music services, and other licensees, and then collecting and distributing the mechanical royalties. It also performs regular audits on the record labels to make sure the copyright owners are getting paid.

HFA currently charges 6.75% of the gross royalties it collects as its fee for mechanical royalties. The rest is paid to the publisher, who remits your "writer's share" to you. If you have your own publishing company, you can engage HFA to represent you for your mechanical and synch licenses. Contact the Agency at:

The Harry Fox Agency/National Music Publishers Association
National Music Publishers Association101 Constitution Avenue Northwest Suite 705 East, Washington, DC 20001
(202) 742-4375; fax (202) 742-4377

Harry Fox Agency711 Third Avenue, Eighth Floor, New York, NY 10017
(212) 834-0100; fax (212)953.2384

If I am not satisfied with the publisher, can I get my copyrights back?

Possibly. In your publishing agreement, you can ask for a clause called a "reversion" of the rights in your songs if they are not commercially exploited within a specified period of time, such as two years. A "reversion" is a legal term in property law that means you are reserving the right to take your property back if an agreed condition is not met. In this case, if the publisher just sits on your songs for two years and no one is making any money, you can try to get the copyrights back.

If the songs have not been successful, the publisher will probably return the rights to you without argument. Be aware, however, that if the publisher sits on your songs and then you become popular, the publisher may try to keep the songs despite the reversion clause. In this scenario, you'll have to be prepared to sue to get the rights back. The reversion clause in your contract is not an automatic guarantee that you will get your rights back, but it helps prove your case in the event of a dispute.

How do I set up my own publishing company?

1. Choose a name for your publishing entity and file a "request for publisher name clearance" with the same performing rights society with which you affiliated as a writer. You have to clear a name first because music publishing is a crowded field and many names are already in use. The societies do not want any confusion when handing out the money, so they insist that you clear the name of your company first.

2. When you get a name clearance from the performing rights society, file a DBA with the County Clerk just as you do for the band's name. The checks for the performance money will come addressed to your publishing company, so you will need a DBA to open a bank account in the company's name and cash the checks.

3. Get a Tax ID number for the publishing business as well.  Obtain an Employer Identification Number (EIN) if you do not already have one through the IRS.  ASCAP and BMI require that you either include this information when you register with them, or that you are in the process of applying for an EIN because they must keep tax files on all of their members.

4. If you registered the copyrights to your songs in your own name with the Library of Congress, transfer the rights to your new publishing company so that the company will be authorized to administer the rights. The Copyright Office does not take care of the transfer. You transfer your copyrights to the publishing entity by writing out your own contract of transfer and signing it, and then you record the transfer with the Copyright Office. Call the Copyright Office at (202) 707-9100 or check the website at www.loc.gov/copyright/ to request Circular 12, "Recordation of Transfers and Other Documents."

How is music licensed for TV and films?

When a song is used in a television program or on film, it is not only performed, but is also reproduced in film, video, and/or CD digital copies. Because performance and reproduction of copies are among the exclusive rights that come with copyright ownership, the film or television producers must obtain the proper licensing to use a song in an audio-visual production. The licensing of songs for audio-visual formats involves two separate copyrights: (1) the copyright in the underlying musical composition, which is owned by the publisher; and 2) the copyright in the specific recording of the composition, which is owned by the record company. A synchronization license (synch license) covers the right to use the composition and a master recording license covers the use of the recording.

Movies are made to be reproduced (as opposed to performed one time only), so filmmakers must obtain both a synch license and a master recording license to use copyrighted music. Commercials and television shows that will be reproduced in syndication also require both licenses. Certain television programs, such as live sports events and awards shows, may use a song with only a performance license from ASCAP, BMI or SESAC, because these programs are one-time performances that are generally not intended for reproduction.

There is no compulsory license (as in mechanical licensing) for synchronization and master recording licensing in audio-visual reproduction. Permission to use the song and the fee are at the discretion of the copyright owners, so an artist/publisher earns whatever he can negotiate for the use of his music on-screen. In television licensing deals, the negotiation issues include the type of media covered by the license (cable TV, network TV, home video, etc), the territory of the license (the U.S., North America, the world) and the term (length) of the license. Because of the greater permanence of movies, film producers will want to buy the rights to use the song in all types of media, throughout the world and in perpetuity, so the price of licensing music for films can be very substantial.

See ASCAP's Music, Money, Success and the Moviesfor legal info on music in films.

How do I get my music into movies, commercials, computer games, and etc.?

1.  A music supervisor coordinates most of the music used in a film, including music selection, licensing of rights and recording. Many of the choices made concerning music are predetermined because of the relationship between the motion picture studio and a particular record label. For example, if Sony Pictures releases a film, chances are excellent that the soundtrack will be dominated by Sony Music artists. Don't waste valuable time waiting for a major breakthrough. Work on smaller projects first, network in your local area to build up your credits, and in the long run you'll have an easier time attracting major projects interested in your work.

2. Check to see what films are being shot in your state or surrounding states . Mail your promo pack with your CD to the films listed. If you are a composer and interested in scoring a film (as opposed to only providing songs for a soundtrack), please call first. Many times a composer has already been selected. Music is often one of the last decisions made by a director, and although he/she may be filming in your area, these decisions may be deferred until the production company returns to California.

*Many independent films do not have the budget to pay for the use of popular hits, and thus are often interested in working with someone who is trying to build up their film music credits for a smaller fee.

3. Research contacts before you send material. Your chances of success are better if the material is suitable for the film subject and is received by the correct person. Send a cover letter emphasizing two things: who you are and how can you help them. Film crews are very busy; be short and to the point. Your packet should include: samples of your work (both CD and cassette), a bio, and a list of credits. Make sure materials list your contact information. If you have not received a response, you can make a follow-up call within two weeks to make sure the package was received. More than one follow-up call usually moves you from the possible file to the nuisance file. If you are researching a production company and not a particular film, always call before you drop by their office. Make sure they are in pre-production before sending a promo packet, otherwise it will end up in a file cabinet.
4. Services such as Music Report/TuneData deliver information to publishers and record labels regarding the soundtrack needs of Music Supervisors. You may also use TuneData to search for sync and master rights for all types of music. Note that they are a working site for publishers, record labels, music supervisors, advertising executives, producers and directors only. This is not a site for individuals or casual users.

5. Contact the Radio/Television/Film departments in area colleges for information about film students who may need music for their projects. Also consider checking out the Multimedia Department for students that may need video art music. Art Departments may have some performance art majors in need of music for dramatic and/or choreographic works. Most of these programs have bulletin boards posting announcements and services. Call the department office to ask if you can post a flyer that states your desire to work with students.

6. Some local software/game developer companies contract freelancers for background music. Always call the company before sending unsolicited material and talk to the Audio Director.

7. You can check with advertising agencies, jingles/advertising soundtracks businesses, and radio stations in your area. As with multimedia companies, call first to establish their status on freelance work. For radio stations, contact the Sales Manager in the Advertising Department for any inquiries.

Disclaimer: I do not intend for this information to provide or replace professional legal advice in any way. This material is only intended to provide a short-answer reference guide to the basic legal and business practices associated with the music industry. In your own interest, you may want to consult with an attorney before entering any contractual agreement.

Marketing Your Music

  Marketing Your Music 10 Helpful Tips 
1.  Make A GOOD RECORDING
Let's face it - if you're going to do more than play gigs at the local hot spot - if you're passionate about your music and you want to make great money from it - you need to have a product to sell. Making a good quality recording seems like a simple idea, but how important is it when it comes to achieving bigger dreams? What can you do to reach the powerhouse people who have the resources to make your music known in a big way? Taking the road from demos to masters can be exciting, and rewarding especially if it's done well.
Each time you record, think of who the listener is going to be, and what their level of "listening" is. Are they a record company with golden ears, a publishing house selling songs (not production), a management company who wants the story (not just the tape), the public consumer? What level of quality are they used to hearing every day? Do they hear lots of good demo's every day, masters, commercial recordings? Considering what the listening level is, how do you think you sound next to the competition?

Who is your competition? If you're an up-and-coming artist, it's logical to think that other like-artists in your area are your competitors. But this isn't the case. If your cd gets in the door of a record company, you are primarily competing with people who are already signed, or who have at one time worked with a signed artist.

For instance, Stevie Wonder's band is on tour with Vanessa Williams, and Stevie's bass player starts talking to her drummer: "I've written a couple songs, would you like to hear them?" "Sure." Next thing you know, they decide to start a project when they get home and submit it to Vanessa's management company (who they already know on a first name basis).

They go into the studio (where they recorded tracks for In Sync and Gloria Estefan a month ago), and since they know the engineer they get an "off-hours" deal (because the engineer knows who's hands the tape will end up in)... they call in the keyboardist from Sting's band (who they met in the studio) and cut some amazing tracks. The contacts they have are gold, and they treat their music that way. They call up Vanessa's manager the next week and make an appointment for lunch and it goes from there...

So now, how important is it to make a quality recording? With today's digital technology you can make a good recording in your own bedroom, and this is more appropriate if you are looking for a publishing deal (yet even publishers hear a lot of quality stuff these days). But as a artist or band your commitment to making a great production should be very high on your list.

2. GOOD MASTERING
Mastering is a powerful process for your music. It's where the final product gets refined - levels and eq matched and consistent - song order and creative editing - even adding effects and cross-fades for that professional polish. Mastering can make the difference between a potential record company liking your CD, or wanting it.

3. LOOKING GOOD or HAVING A GREAT IMAGE 
It's pretty well understood that record labels look for (1) the songs (2) the singer (3) the performances (4) the star quality (5) the production (mix, arrangements, hooks, cool sounds...) and (6) a solid businesslike attitude (includes knowing the value of creating a "buzz"). They want to know if you have what it takes to make them money. Very little label money goes into developing artists any more, so spend time being unique and interesting to look at in some way. Make your product unique, too.

When your CD arrives on a record companies desk (along with another 50 that day) you need it to stand out. The music may be the best produced and mastered in the world but remember, you never get a second chance to make a first impression. So don't spend thousands of dollars on production and $50 on the CD booklet! Budget your money to include a good professional design for your CD cover.  Make a record company want to play your CD first just for the way it looks.
 
4. PLAYING GIGS (And lots of them)
Be prepared to play and play and play. If you don't have a gig, MAKE one. Set up benefit parties or concerts and donate the proceeds to different charities. Be sure to contact local newspapers and have them come see you. Be sure you get copies of the articles written about you. (Giving to a good cause is an amazing way to open doors. One of our client's donates 1/3 or their profits to Charity, and they have sold over 21,000 copies practically single-handedly because of the enthusiasm people feel about this kind of compassion and generosity.) The more free press you get the better (put copies of articles in your promo packs).

Self promotion at your gigs is very important. Don't be afraid to ask people if they would like to buy your cd! Sometimes people are waiting to be asked. Playing at your local coffee shop, or opening for a big name artist - it's all the same - you want people to listen to your music. If you are determined to make it, be prepared to play sometimes for nothing. These gigs could benefit you in other ways (like selling your CD) so pick up the phone (Self Promotion again) and make yourself available. Playing a "Live" venue is very important and so are the rules of playing "Live" (another topic to be covered soon).
 
5. UNDERSTANDING FAMILY & FRIENDS 
A lot of artists and bands can never understand why family and friends never understand the late nights, the playing for free, the obsession with gear... The nonmusical family and friends think that you can wake up one morning and make music and money like the Beatles... but we know this is not the case. Take charge, and in an easygoing way, educate those around you about your plans. Warning! Be prepared for some resistance and skepticism! (Just tell them that Walt Disney declared bankruptcy 7 times in his career! and Donald Trump declared bankruptcy as well as many other sucessful people)
Let them know that you will be going out to play (possibly) with no immediate return. Ask for their assistance if you need a ride to a venue at one time or another. How about the 'big one" when you need time alone to write that Number 1 hit! Take every opportunity to communicate with them, tell them your goals and dreams and tell them it's going to be challenging for you as well as them from time to time. But with their support it could make all the difference. (Those fund raisers for charity is a great way to get family support, too.) If you don't get the support from family, find it in other people who you are close to. The support is out there - create it - never be victim to not having it.
 
6. FREE CD'S
Sending your CD to record companies or managers is part of the process toward getting signed. But like most things in life, it's not what you know, but "Who you know." Well, you say, that's a Catch-22 situation. How do I get to know people if I don't know people, or live next door to them? It's easy. USE EVERY OPPORTUNITY RELENTLESSLY. Stop believing you know no one. Your state of belief is like a guidance system. Every person knows at least 20 people on a first name basis. Talk. Ask. Inquire. Research. Drop IN!

If you find yourself in a bar or local store talking to somebody about your music, be prepared to give them a Free CD to pass on to someone they know. Relentless Self-Promotion again. Always carry some with you, you never know who you will talk to next. Remember one of our golden rules, be prepared to spend as much on self promotion as you did recording your CD so when you set your business plan (remember this is a business), give yourself a budget for marketing.

 7. THANKS, BUT NO THANKS
I worked with many artists who have told me "I can't believe we didn't get a phone call." Remember, record companies can get 100's of promo's each week, so make sure you are targeting the right company. If you play country, save the postage on cds to send to a hip-hop manager. Do your homework, Be prepared...
If a record company says "Thanks but no thanks" don't get upset, think positive. There is nothing more attractive than confidence, poise, and businessmanship (that's like showmanship). Send them a letter thanking them for taking time out to review your CD, and tell them your you'll be happy to send them your next project. A record producer friend of mine was so shocked to receive such a letter he took time out to visit the band at there next gig - just to see for him self if he had missed anything. This led to a three-album deal and a close friendship with the record company. So don't be afraid to let them know where you are playing. (Relentless Self Promotion AGAIN)
 
8. RESPECT ALL COMMENTS (Good or Bad)
Blunt fact: To a professional record company, your enthusiasm starts the engine - but THEIR enthusiasm is what puts it all in gear and keeps it running. So... what you think is the best song in the world - I will guarantee - someone else will think is NOT the best at all. So what! We all have different tastes when it comes to music, and we all hear things in a different way. That is just part of the what makes the world varied and interesting.
If somebody tells you that your songs just don't do it for them, then respect there opinion (there's that confidence again). Listen to what people say - it could just change the way you write your next song for the better.
Here is a example of a true situation: If you listen to Billy Joel's song, "Only the Good Die Young" that song rocks, but when Billy Joel wrote the song, he wrote it with a reggae feel to it. When he ran the idea of the song to his long time friend and drummer Libitey De-Vito, he told Billy that he hated it with that feel! Billy Joel listened to him, and went back to his piano and rewrote the tune, and the rest is history. Billy knows that the opinions of others count, and he was prepared to listen to them.
 
9. GOOD SELF-MANAGEMENT
A lot of artists today think if you have a manager that it's time to sit back and let them do all the work for their 10-20%, and this is why lots of bands fail. If you have a management deal, enjoy it... but you and the rest of your band should also manage yourself. Don't sit around waiting for the phone to ring, without stepping on anybody's toes, PROMOTE YOURSELF RELENTLESSLY!!! Your manager may have another 10 bands on his (or her) books, so his priorities may shift from time to time. SELL YOURSELF with confidence and enthusiasm. That kind of commitment will be noticed, and it will generate more enthusiasm at many levels. (Sometimes managers and producers purposely WATCH to see who's really committed to the whole team.
 
10. NEVER GIVE UP
Let go of all your excuses. Keeping a can-do attitude will get you that record deal faster than buying into your obstacles. Many artists and bands have had to work long and hard and get plenty of knock backs before somebody signs them. (It took Great White ten years) Be prepared to work long and effectively at your project, take the knock backs, listen to any feedback that comes your way, take everything that may be thrown your way good or bad, and "Never give up."
It may take years before it works. It took Colonel Sanders (Kentucky Friend Chicken) till he was 80 years old before he made millions from his recipe. Walt Disney declared bankruptcy 7 times. Be ready to take whatever time it takes and to do whatever it takes. Remember, a building is built one brick at a time. Don't "beat yourself up" if it doesn't happen over-night.
Now... time to GO for it!

Disclaimer: I do not intend for this information to provide or replace professional legal advice in any way. This material is only intended to provide a short-answer reference guide to the basic legal and business practices associated with the music industry. In your own interest, you may want to consult with an attorney before entering any contractual agreement.

UNDERSTANDING ARTIST MANAGEMENT & THE ARTIST AGENT

As a Professional Artist Manager, I am asked daily by musicians, "How do I find a manager to represent me?" or "Do you know any managers  who can manage me? or Are you interested in managing my band?" " What can you do for my band?" or "How do I go about finding a good manager?" I think that while those are valid questions, other important questions are, "When should I consider being represented by a manager?", What does a personal manager do? What are the qualifications of a manager? Let me give you a quick overall view of Artist Management and representation.

THE MANAGER

First, let's state what a personal manager is not. A personal manager is not an agent (whose role is to obtain employment). A personal manager is not a publicist (whose role is to generate publicity). Nor is a personal manager an attorney (whose role is to provide legal counsel). And, a personal manager is not a business manager (whose role is to provide accounting, investment, and other financial services). What exactly a manager is or does is a topic that's discussed frequently in music industry circles. There is no precise description of what a manager is or definition of what a manager does that everyone can agree on easily  Twenty different people will have all different opinions on the subject. In addition, the job of the manager is fairly complex and can differ from situation to situation depending on the stage of the artist's career and the areas that the artist needs help in (e.g. image development, publicity, label shopping, touring, recording, publishing, songwriting, licensing, merchandising, sponsorship acquisition, etc.). Nothing is cut in stone.
 
An artist will encounter four types of music managers at some point in their musical lives: personal managers, business managers, tour managers, and road managers. Here I will be concentrating mainly on the personal manager. Management" is a somewhat vague and convoluted term in the rock and roll business.  Most bands  think they want "Management"  when really, they just want someone to get them gigs.  That's actually a booking agent.   Basically speaking,  A manager is someone that advises  and counsels you (and/or your band) in every aspect of your career.  You need help,  more gigs, or maybe a tour, new press kits and promotional materials, a kick ass demo. So who do you hire? an agent, or a manager, or both?  Fed up and exasperated with a lack of consistent gigs, tired of hours on the phone calling club owners and mailing materials a band sets up a meeting with a personal manager. things are going well in the meeting and after hearing the bands music and getting to know the members the manager starts laying out some ideas for the band, and although everyone seems in agreement, the singer asks, " That's cool but what kind of gigs can you get for us?" this band is really looking for some one to handle their booking - an agent, not a personal manager. I see this often in meetings with artists, a common mistake made in the music business of confusing the functions of agents and managers. Since an agent's or manager's responsibilities may overlap, its not hard to see where this confusion begins with many artists, but there are basic differences in their roles.
 

A manager assumes many different roles, depending upon the nature of the relationship with the artist, a personal manager is an advisor, confidant, counselor, organizer, industry "buffer", cheerleader, protector, and  member of the band that never performs on stage. A manager sees things from a different perspective than the band/artist (the "big picture"), and helps to devise a master plan that the band or artist can follow in order to achieve their goals, while overseeing their career on the day to day level as well.

A personal manager advises and counsels talent and personalities in the entertainment industry. Personal managers have the expertise to find and develop new talent and create opportunities for those artists which they represent. Personal managers act as liaison between their clients and both the public and the theatrical agents, publicists, attorneys, business managers, and other entertainment industry professionals which provide services to the personal manager's clients.

Picture a wagon wheel. At the very center is the axle. The axle is the performing artist around which everything revolves. The hub protects and supports the axle. That is the personal manager. The rim of the wheel is the artist's career which travels on what can often be a bumpy, long, winding road. Connecting the hub with the rim are many spokes which give the wheel support in different directions. These are the agents, publicists, attorneys, business managers, and other industry professionals which support an artist on the road to success. When the wheel is well constructed, the artist's journey can be smooth, speedy and successful.

A personal manager is responsible for everything and anything that enhances the development of a performing artist's career. From simple staging suggestions, to complex negotiations, to long term career plans, a personal manager lives the artist's career every day behind the scenes. The manager's commitment to and involvement in the artist's career is one hundred per cent. The personal manager is the driving force breaking through the barriers of frustration and difficulty so often encountered in the entertainment industry. A personal manager is the person who believes in and keeps fighting for a artist when all others have given up. A manager is usually able to make difficult decisions without taking things personally. A manager plays an extremely important role in negotiations because they understand the long-term goals of the artist and can make sure that all contracts that are offered address the long-term needs of the artist, even when an attorney is involved. A manager plays a very important role in corresponding with record labels, publishers, booking agents, publicists, music media, and promoters, and in making sure that things get done on time and in the manner promised and are kept professional.

An artist can easily get lost in the shuffle on a large record label roster, especially if the A&R rep that signed them is no longer with the company. The manager helps keep everybody exited about the artist, including label promotion departments, distributors, radio promoters, publicists, booking agents, concert promoters, media personnel, etc. With responsibilities like that, it is important a personal manager have a wide range of experience in the entertainment industry. Professional personal managers are also well informed on industry practices, standards, and regulations. Plus, managers are alert to the constant changes affecting the entertainment industry. Only with experience and by keeping up to date can a personal manager benefit artists the best.

A manager is not automatically an attorney, producer, publicist, publisher or record label, even though they sometimes perform functions that are similar in nature. If, separate from being a manager, they also happen to be an attorney, producer, publicist, publisher, or record label, then they should wear the different hats according to the different roles, and not merge them all under the umbrella of "management". This multiple-role scenario can sometimes present a "conflict of interest", since part of the manager's job is to help the artist decide which attorney, producer, publicist, publisher, label, etc., they should sign or work with. An individual (in California, New Jersey and New York, and other states for instance) must be licensed by the state to be a Talent Agent, which is a separate function from that of a artist manager. 

The manager plans with the artist career goals and outlines an aggressive campaign for achieving them, develops promotional materials, and the artist's image, often directs the artist's booking agent to help ensure more effective gigs or touring and routing (The manager does not do any booking himself), negotiates or oversees the negotiation of various contracts, hires the artists support team and supervises them (road crew, sound and lighting, accountant and lawyer etc.). actually, artist management consists of anything that will help enhance or further an artist career. This can range from comprehensive career planning or complex contract negotiation to suggesting lyric changes in a song, suggesting different lighting for a show, a new hair style, clothing or commenting on a new recording. The personal manager is the alter ego of the artist, the part of the artist the audience never sees. The manager is a planner, adviser, organizer, strategists, overseer, manipulator, coordinator, detail person, traveling companion at times and the artists best friend sharing an intimacy with the artist no other member of his team has. The manager's involvement in the artist career should be total in scope as this is crucial to the artist success, as the manager is the only other individual besides the artist, who gets to see, work with and  touch all the jigsaw pieces that fit together to create the artist career. In the final analysis the real role a manager plays in an artist career is directly related to the needs of the artist, the capabilities of the manager, the ability of the artist and the manager to learn and grow together, and what both of them are willing and able to bring  into the relationship. Probably the closest analogy is that of a good marriage. To succeed it takes a lot of hard work not just on the managers part but on the artist part as well along with a willingness to communicate, compromise, learn, and change as the relationship of artist and manager grows and new challenges and goals are presented. Above all the artist manager relationship requires a strong sense of mutual trust and respect as well as the ability to see things as they really are not necessarily as we would like them to be.

If you think you are starting to get a handle on the what and how of management, consider a few more essentials to fold into the equation. The best artist managers, just like the best business executives, are planners. They are also catalysts that make things happen: movers, motivators and communicators who work with record companies, producers, agents, promoters, publicists, lawyers, accountants, press, fans, and anyone else with a stake in the artists career. The objective is to make sure everyone pulls together with effectiveness and enthusiasm to make the artist shine the brightest in a sea of stars. If that sounds like a tough order, it is, but just know that the reality of doing it consistently is even so much tougher. Jim Morey, who managers the careers of such diverse artists as Neil Diamond, the Pointer Sisters, and Dolly Parton summed it up: "The artist is the corporation: and the manager is the CEO". Just because a personal manager does so many things to say what a personal manager does is a difficult question. A good way to understand is name association. When one thinks of Elvis Presley, Col Tom Parker comes to mind; the Beatles, Brian Epstein; Tom Jones and Engelbert Humperdinck, Gordon Mills; John Denver, Jerry Weintraub; continue ad infinitum. Who are Parker, Epstein, Mills, Weintraub, all personal managers! The one person the artist relies on for overall guidance in all areas of their career - the manager.

WHO NEEDS AN ARTIST MANAGER

"Why do I need a manager?" is a question posed by artist all the time, especially those artist inexperienced in the realties of the music business, who would like to avoid the cost of paying a manager and an agent their commission. " Well maybe you don't need a manager, however you sure need management". the two aren't necessarily the same thing.

Not every artists career is complex enough to merit a full time personal manager, but every artist's career demands at least as much management as there is talent if the artist is to have any kind of chance of making it in the music business or achieving any real success.

If you don't believe that, take a look at the music business. What stands out is that today more than ever before the music business is a lot more business than music. Just look at who owns the major record labels, publishing and media companies. Warner Communications, Sony Inc, General Electric, Disney, and MCA are a few that quickly come to mind. Theses familiar names conjure up images of earnings per share, return on investment, quarterly earnings, and hostile takeovers. You can rest assured that these and the other major entertainment industry players are in it for the money.

If you still have doubts, just ask any record executive who has been fired for not meeting his corporations growth projections. It happens often despite their being acclaimed for having a great ear, a pulse on things to come, or a sensitivity for knowing how to get the most out of a artist in the studio. Sure those are all things that are important, but if the bottom line isn't there, that record executive becomes quickly expendable in favor of someone who can get the job done, and that job is making lots of money for the company.

As an artist or a manager, it is that record company executive that you have to impress to get a label deal. Today that can mean a commitment by the record company of a half million dollars or more to cover recording costs, video production, tour support, promotion, etc. etc. etc. Have no doubt that the record company executive who green-lights your deal expects to recoup all those expenses and a whole lot more in gross profits that will allow the company to meet its quarterly income targets and provide a healthily bonus for him as well as some extra job security. If the record company exec harbors any serious doubt about your ability to recoup the company's investment and turn a nice profit, they will be looking at the next artist before the days over. 

Getting the picture?

The high stakes risks associated with breaking a new artist, or keeping an established artist on the top is precisely why talent alone is never enough. That record executive has lots of talent to choose from, but not enough artists and managers capable of doing all the big and really little things that spell successful artist management. More specifically, that record company exec wants an artist who sets goals, who plans, who executes, who follows up on even the small details. He wants someone capable of interacting effectively with a unending stream of producers, agents, publishers, promoters, publicists, program directors, roadies, lawyers, bankers, accountants, and fans all competing for the artists time. the record company exec wants someone with enough drive and discipline to return phone calls, sign autographs, do interviews, be knowledgeable, deal with the endless details that can't wait until tomorrow and still have enough energy left to put on a really killer concert or do as many studio takes as are necessary to get the recording right. A big part of that picture is management, without it, the reaction to your demo will likely be "PASS" can you blame them? There's a lot at stake. If you as a artist can very effectively handle these management-related responsibilities, and still have time to write perform etc. have no need for any professional guidance or business contacts,  then by all means do so and save that artist manager's commission. There's no sense in paying someone else to do what you can do just as well yourself. However if you can't do it all maybe you need a manager!

HOW SOON SHOULD I HIRE AN ARTIST MANAGER?

About the time an artist decides they wish to make music a career and discovers he can earn money doing it, is the time to consider hiring a manager. Stars are not born overnight, building a career in the music business takes lots of hard work, planning, organization, time, and talent. Starting with a less experienced manager earlier on allows the manager and artist to develop and grow together, building a solid bond and establishing trust early on. I happen to think this is one of the better approaches to hiring the artist manager, but there are lots of differing opinions regarding when exactly an artist needs a manager, they generally fall into three areas

1) As early in the artist's career as possible.
2) Later on in an artist's career, at the point when the artist cannot get any further by  themselves or when the workload is too great and additional help is needed.
3) Never. An artist can do without a manager.

Depending on where you are in your artist career as well as your philosophical outlook regarding managers, one of these three schools of thought will initially appeal to you as an artist.

Let's take a look each one. 

1) Management - As early in the artist's career as possible.

If you are highly disorganized, lack a general business sense, find it difficult to focus on long term goals or be consistent, hate to read music books, lack financial resources, have had very little success on your own, and know very little about the music business, you should probably seek management as early in your career as possible. You will need a manager very early on in your career to develop a game plan for you so that you can avoid making mistakes that may be difficult or impossible to undo later. 
 

For this option to work, however, the manager you seek should absolutely LOVE your work, be honest, committed, patient, organized, hard working, and knowledgeable about all aspects of the music business. This manager will probably have some first-hand experience in the business and much of their knowledge will be gathered from previous management deals, reading most (or all) of the music business books and resources, getting information online, asking questions on forums, talking to industry personnel, attending seminars and conferences, etc. 
 

They will probably not have extensive high-level contacts in the business or a major label-related track record to speak of, but they should have the drive and determination needed to expand their network of contacts quickly.

They will (or at least should) have a steady source of income (either from other acts or another job) and be willing to work with you for quite some time without the expectation of a commission (even though one is provided for in the Artist / Manager Contract). Your understanding should be a contract spelling out the details of the relationship. Keep in mind that in the early stages of your career, most "A-level" managers will not be interested in an artist who isn't signed (or about to be signed) to a major record label or publishing company. 

#2) Management - Later on in an artist's career, at the point when the artist cannot get any further by themselves, or when the workload is too great and additional help is needed.

If you are highly organized, business oriented, find it easy to focus on long term goals, love to read music business books, have some financial resources, have had some musical success on your own, and know a lot about the music business, you should probably self-manage to begin with and seek management later on in your career when the workload becomes too great and you have gone as far as you can go alone or when a major record label deal is pending.

Many A-level managers prefer that artists wait until later on in their careers before signing with a management company (preferably theirs and usually when a major record deal is pending).  Naturally, they would prefer that you don't sign with any management companies until they are interested in signing you. It is important to remember, however, that most of these A-level managers won't want to sign you unless a major label deal is pending or already under way. Besides that, there aren't enough of these managers available to sign every single one of the thousands of artists that deserve to be signed at that level. 
 

Waiting to sign with a manager later on in your career can present some other problems. One problem is that unless you are extremely organized, committed, and well-read, you are likely to make many mistakes on your own since there is nobody around to play "devil's advocate" with you on ideas and strategies. Yet another problem is that down the road, you will tie the hands of the manager with any bad decisions that you have already made, including image development and your "sound" as an artist, as well as all deals that you have already signed (recording, publishing, licensing, merchandising, etc.). A manager may be unable to get you out of any bad long-term deals you may have signed without their counsel (read "career", not "legal").

#3) Never. An artist can do without a manager.
 

Some artists (especially those that have either had a bad management experience themselves or have heard of someone else who has) believe that an artist can do without a manager. It is possible (and doable), up to a certain point, to conduct your own affairs without employing the help of a manager. 
 

It is important, however, to recognize that many industry professionals prefer to speak to a manager instead of directly to the artist. Part of the reason for this is that artists are likely to take things very personally in one-on-one discussions with industry people. Many artists see things from an emotional point of view when the discussion is being framed in business terms and can't separate themselves as human beings from their music as product. In addition, some record label A&R reps prefer to see a committed team of professionals (e.g. manager, attorney, promoter, publicist, and booking agent) surrounding the artist, since this indicates the presence of a well-organized team that makes an investment of millions of dollars seem less risky. 
 

It is much easier for a manager to play "bad cop" in situations where a deal has to be re-negotiated or turned down. The manager can act as a buffer in many instances and force people to go through them in order to reach you. That way, scam artists are less likely to present managers with shady proposals. There is also not enough time in a day for an artist to do everything by themselves. 
 

All-in-all, a well-connected, knowledgeable, and honest manager can be an indispensable asset to an artist under the right circumstances.

THE QUALIFICATIONS OF A MANAGER

Now that you have a good idea of what a manager is, does, and when to hire him, lets turn to the next obvious question, "Who can be a manager?" the answer is really simple "anybody" Some universities have recently started offering courses on the music business, but there are few requirements or qualifications if any a artist manager must meet. On the whole artist management is open to anyone interested in getting involved.

 Often a die hard fan, friend or relative may serve as the artist manager rather than seeking someone whom he has not had a prior relationship. This is understandable, but it may not be the best career choice for the artist career. Often a friend or relative while being well meaning will not have the qualities, knowledge, experience, or contacts to provide a professional level of management to the artist. There is also a real danger that because of the close personal relationship, a friend or relative will not stand up to the artist and say no when firmness and objectivity are required. A " Yes"  man may be a asset to the artist ego, but is of no value in meaningful career develop. This is not to say a friend or relative may not prove up to the challenge, but consider their strengths and weaknesses carefully before committing to this choice. remember that record executive its business first for him and it must be for you as well.  Keep in mind the many area's of involvement in the managers career and the best qualities for the job at hand. A good manager will be organized, professional, knowledgeable, able to develop and implement a game plan for the artist and to oversee all areas of the artist career at the same time.

MANAGER COMPENSATION  

Managers are normally paid on a commission basis. Managers currently charge around 20 to 25% of the artists gross income, that is your total income before your expenses are deducted. Your booking agents commission is considered an expense, therefore your manager's commission is in addition to the agents commission. On the average your manager will probably agree to 20%, but the wider the range of services the manager offers  the more you should expect to pay. The artist may be required to pay reasonable expenses incurred on their behalf such as phone bills, mailings, promotional materials, etc. The terms of compensation should be clear in the artist management contract.

FINDING A MANAGER

Perhaps you've begun to attract some local attention and are considering making a recording. Perhaps your finding it more difficult to keep up with things and you wish you had someone to offer advice about your next career steps. Once you've decided that you are ready for management, there are several ways you can find a manager. You should first take stock of what you have to offer (besides your talent). It helps to have a good idea about yourself and your style. Don't expect managers to be able to perform an assortment of miracles all by themselves. You have to come to the table with some elements in place and be willing to work hard to formulate the rest. A manager can help you articulate your vision, find others that believe in you, and get you into the hands of interested and successful music industry professionals.

Once you are sure you have something to offer, you can ask club owners, attorneys, publicists, recording studio engineers, record producers, independent record label owners, and other artists that are signed if they have any management company recommendations. You can also find a list of managers from music industry print directories (e.g. the Musicians Atlas, the Indie Contact Bible, the Industry Yellow Pages, Pollstar, the Recording Industry Sourcebook, etc.) or online directories like the one at the Indie Managers Association and others.  Check with friends and other musicians for leads. 
 

Pay close attention to the submission policies of the management company before mailing anything out. Some managers will only accept solicited material (material submitted to them from known sources). Others are willing to accept unsolicited materials, while still others prefer you to call or email first. Do not violate these policies. It is almost always a good idea to call or email first before you send anything (unless they tell you not to call or email first). Contacting them before you send materials gives you a chance to talk to somebody and find out what they are looking for and what materials will be most appropriate to send. 

WORKING WITH A MANAGER 

The manager-artist relationship is a very important one, and you must be sure that a manager is the right fit for you (and vice-versa). Many times, a manager will approach you before you get a chance to approach them. This is not necessarily a bad thing, since it makes sense that you came to their attention by creating a buzz in your area, selling a lot of CDs, receiving radio airplay or great reviews, or putting on a great live show. If this is the case, they may know a lot about you and ask a lot of questions. 

Be wary of managers that don't ask a lot of questions about you, your goals, and your achievements. Don't be offended by these questions, since they only serve to identify areas of opportunity or career challenges that the manager should know about.

A sign of a good manager is that plenty of dialogue will take place before a contract is offered and signed. You should spend a lot of time discussing your short and long-term career goals and seeing how the manager can help you achieve them. You should ask what ideas they have to get you where you are trying to go. You should try to get to know each other and get a feel of how you will work together. You should also check to make sure that the potential manager doesn't have too many artists on their roster, and that they will have enough time to devote to your career.

A potential manager should like your type of music and be familiar with how an artist like you is promoted and marketed. It is extremely important to find a manager that is the right fit, and if you can't find one, you are much better off managing yourself until the right one comes along. 

Good managers are always in high demand and not easy to find.

If you find a manager that seams to fit the bill be sure you are compatible with each other before signing a long-term agreement you will be working very closely during the course of your relationship together. The average artist management contract is usually between two and five years in length.  Only accept friends, friends-of-friends, family members, etc., as potential managers if they have some experience in managing artists in your genre, have some industry contacts, and know how the music business works. These people are often well intentioned, but can cause more harm than good with what they don't know. In summary it is the manager's responsibility to work with all the various persons already mentioned in the coordination of their respective functions as they relate to the artist. The manager should be viewed as the artists personal representative, authorized to act in his behalf when dealing with these and all others in the entertainment industry.

When the artist negotiates with prospective managers, its important to discuss exactly what the artist expects the manager to do and what is not expected from the manager. Each party to the artist/manager relationship must understand the role of the artist and manager and the expectations shared by both. A clear understanding of these points is an absolute necessity to any meaningful and lasting professional relationship.

THREE SIMPLE BUT PROFOUND PRINCIPLES OF SUCESSFUL ARTIST MANAGEMENT

1) Talk is substantially more plentiful and far less effective than action.

2) You can never know enough people in the music business, unless they have a bad opinion of you then one is too many.

3) No one has yet to come up with a satisfactory substitute for talent, hard work, imagination, and persistence.

THE AGENT

The booking agent as mentioned is often confused with the manager. The competent agent finds out which buyers need acts, when they need them, and under what kinds of budget constraints. The good agent is familiar with  all venues in his area and works closely with other agents in areas outside of his coverage to employ his artists. It is the agents responsibility to negotiate and issue booking agreements or contracts, collect deposits, send out promotional materials, and plan a sound tour route. An agent may also set up press and other media interviews, and make road arrangements depending on your agreement with him and if you have a road manager or tour manager. Although agents may perform some managerial functions and vice versa it is best to understand and define your needs before entering into any agreements.

A band just starting out needs to keep working. Trying to get gigs for yourself or your band can be about as much fun as paying taxes...Well, maybe not THAT much.
The fun part is when you get your phone bill. The cost of promotional materials, mailings, etc. That's when you realize why the booking agents charge about 15 to 20% for their services. Getting the phone numbers to the club, finally getting someone on the phone, (just to find out that you're not calling the correct number for bookings,) calls regarding production, more calls to get info on media, radio stations and anything else can put you into MA BELL kind of deep, not to mention the time and effort involved. Establishing connections and knowing the market is the name of the game.

That's what the booking agents are charging for, the information and the contacts.
It takes years to cultivate the relationships and info required to adequately approach the brick wall of booking a band, not to mention knowing what to say once you get the booking person on the phone.

If you have ever tried to book your band yourself, you've probably found out that there's more to it than just calling some club and asking for a date. It used to be that a band could make a few calls, throw their shit in the truck and tour the country making anywhere from $100 - $200 per night just because they were a band willing to travel.. NOT ANY MORE!

AGENT COMPENSATION

Agents are normally paid on commission, as mentioned the going rate is around 15 to 20% of your fee, or sometimes they will charge their expenses for phone calls and mailings, etc. plus a fee if you have a low earning potential. Payment is usually made in one of two ways. If there is a deposit, it is normally one quarter to one half your fee, and the agent will deduct his fee from the deposit after the gig is played and the band gets the balance of the deposit plus any remaining monies due from the club after the gig.. If no deposit is involved you may send a check to your agent after each gig, tour, or on a weekly, monthly basis as agreed upon when signing with the agent.

FINDING A BOOKING AGENT

At this point your band should have a good idea of the kinds of places you want to play at, and the type of gigs your interested in, but you may not have the experience, the time, or the contacts to get those gigs. That's what the booking agent is for. Once you are working on a regular basis, it should build the bands confidence, helping to keep everyone committed to the band and to focus on larger goals.

Until you start to develop a reputation and have played a reasonable number of gigs it may be hard to find a booking agent interested in working with you, but begin by looking in music related publications, on the Internet, alternative papers, the phone book, and word of mouth. Many of the best agents and managers do not advertise as they are already busy and that's a good start. Talk to bands a step or two ahead of your level and inquire about their agents, are they happy with them and do they get good gigs. Be sure to find an agent that handles the type of music you are performing.

When your band is ready to meet with an agent appoint a band spokesman to make contact with the agent, offer a complete your promo package with a CD or tape, bios, pictures, press reviews, and any other relevant materials and ask when you can check back to see if the materials were received and reviewed. Be sure to find what services he performs, what his fee is, and if he works on an exclusive or non-exclusive basis. (whether he will be your sole agent or you can hire additional agents to work with you). If you are unsuccessful in obtaining an agent at first you might want to consider hiring an enthusiastic friend or loyal fan whom you can train to do your booking. 

At this point your band should have a good idea of the kinds of places you want to play at, and the type of gigs your interested in, but you may not have the experience, the time, or the contacts to get those gigs. That's what the booking agent is for. Once you are working on a regular basis, it should build the bands confidence, helping to keep everyone committed to the band and to focus on larger goals.

DISCLAIMER:  This information is offered as an educational and informational tool only, and should not be relied on as legal advice. Applicability of the principles discussed may differ substantially in individuals situations. If you need specific legal advise you should consult an attorney.
 

Tips on how to get gigs for your band

Trying to get gigs for your band can be an exacerbating experience, much like doing your taxes or going to court for a ticket.

One fun part is when you get your phone bill. That's when you realize why.the booking agents charge a hefty 10 to 15 or 20% of a gig "just to make a few phone calls". Getting the right phone numbers to the club often is no easy task, finally getting someone on the phone, (just to find out that you're not calling the correct number for bookings,) calls regarding production etc, more calls to get info on media, radio stations and calls to band members, close fans etc. The time spent on the phone over just one booking can be unreal. Establishing really good connections with venues, booking agents, club owners, other bands, local media and press is the name of the game.

That's what the booking agents are charging for, the information and the contacts.
It takes years to cultivate the relationships and info required to adequately approach the brick wall of booking a band, not to mention knowing what to say once you get the booking person on the phone. the best way to market your band to the venue is key to getting gigs.

If you have ever tried to book yourself, you've probably found out that there's more to it than just calling some club and asking for a date your band can play on. It used to be that a band could make a few calls, throw their shit in the truck and tour the country making anywhere from $100 - $200 per night just because they were a band willing to travel.. NOT ANY MORE!

With the stupid ineffective drinking laws that went into effect all around the country, club business has taken a nose dive that, coupled with the glut of new bands makes it almost impossible to get gigs unless you're SOMEBODY. Clubs look for a known or familiar name and a band with a large fan base that can produce people for their shows.
It used to be that a band with a record out was something special. Now almost every band has a release out. Every band is on some INDIE label these days.  What makes you special now, is what your record is doing . Is it selling? Is it in local stores? Is it being
played on the radio? Is it being played on college radio? Where is it on
CMJ?  - HARD REPORT?- ROCKPOOL? - BILLBOARD POP 200 YET?  How are your
numbers in POLLSTAR?  Do you have any press, and if you do, what kind of
press.  SPIN?  ROLLING STONE? BILLBOARD?  NY TIMES?  ARE YOU DRAWING
BIG CROWDS???

Now you may be saying to yourself " we're just getting started" . Yeah, well that just means you're that far behind the bands that DO have those kinds of credentials.(and there are a shit-load of them out there too!)

I'm not saying you're not as good, just way behind. That's exactly the stuff club owners and promoters are looking for in the bands they're giving the jobs to. There are bands on MAJOR LABELS with killer college airplay begging for opening act slots!

 Ask yourself. Why should a club owner book you or your band? Because you're good? Hell! There are tons of bands out there that are good. Because you draw a crowd in your home town? So What! What does that mean in THEIR town? Because you'll play for cheap? He's got a list of 30 to 50 bands that will play for FREE! (And a few that will pay him to play) You've got to be special in some respect, and you've got to figure out a way to get the
booking person to give you a chance to show what your band can do. You've got to
show him how you can start drawing crowds to his venue as well as put on a killer show.

I know it seems like just the easiest thing in the world to keep up with what you're doing, but it can get confusing and a mistake (double-booking / non confirmation) can be costly. Even more so if your booking a tour for your band. To book your band successfully you must be persistent, professional, have a killer press kit put together, and be well organized.   I like to personally use those big month-at-a-time" desk calendars, one for each band as well as my computer to stay on top of things.  Make sure that you do your work in pencil. The calendar will mutate before your very eyes and it's better to erase rather than mark out things. For those of you fortunate enough to a computer you can use your CALENDAR program that does everything for you but it's still good to have that paper calendar as backup and to eye ball things.

Once a week, talk with everyone in the band about THEIR schedules. Find out from your band members how far in advance you can book something. IT'S IMPORTANT TO BE ABLE TO ACCEPT AN OFFER ON THE PHONE without having to call everyone in the band, then call the booking person back. If you're hesitant, the job may go to someone else
who's not. Make notes on the calendar regarding who can work & when. If someone is going to be completely un-available, mark it big so you don't
forget and book a gig.

Mark a gig with a (T) for tentative until you've actually got it, then erase the (T). You wouldn't believe how many mistakes take place because someone didn't understand that it was a firm deal. It also helps you to look at sections dates and think about routing. If the (T) is still there, maybe the gig can be moved or swapped with another band. Make sure your band members know about changes you've made.

Keep a phone log of every call you make. Mark the date, time called, number called, how long you talked, name of establishment and who you spoke with. This will get very tiresome but it's important. First it lets you look back and remember the conversation. Second, it helps to write down when to call people back. When a booking person says, "call me next Friday", they don't mean next Thursday . Third, you may not believe this, but the phone
companies' equipment actually makes a mistake now and again. Check your log against your phone bill immediately when you get it. Call the phone company right away and let them know about any discrepancies. Deduct the mistakes from your phone bill. Fourth, the log also gives you a record of how much money and time you're spending on the phone so that when you DO get a gig, and it DOES pay you some money, you can reimburse the booking person. Start Building a contact file from these records to save time in the future.

Well now you've got some tools to use. It's time to make the call.

It's never easy to talk with a booking person who has no idea who the hell you are. Put yourself in their shoes for a minute. Imagine what's it's like to get 25 to 50 calls a day or more  from bands (and agents) that want to tell you how great they are, not to mention the other calls you have to handle about the bands that you DO book, plus talking with the press people, the flyers, merchandise people, the beer salesman, the radio station, the P.A. people, light crew, blah-de-blah, and so on and so forth. Hell I'm tired already . You really
don't want to blow anyone off, but your also tired of hearing the same old bullshit. Who do you think invented the answering machine?  A fed-up club owner!  Keep in mind that these people are busy people. Don't take up any more of their time than absolutely necessary. Let your tape and credentials do the talking. USE A PROFESSIONAL PRESSKIT and get it in the hands of the right person.

Then call them at a good time. WHEN: The best time I've found to call for a booking is between 1 PM and 5 PM. It's different for everyone, but most club people stay up fairly late
in the AM and don't get started with their business day until the afternoon. It's not the best time to try to talk business when they just got up and walked through the door.

MAKE THE CALL If you get an assistant : Identify yourself, give them your name and which band you represent. Tell them that you're calling about booking a gig for your band. Most probably, the assistant will tell you right off that you need to go ahead and send the DEMO and the PRESS KIT. Don't try to get any further at this time. The assistant is there for a reason. Don't piss them off! They can be your best ally, or they can be your worst enemy. Thank them for their time and ask if you could get the correct mailing address to send the press kit and demo too and whose attention should it be sent too as well .

ALWAYS Be polite.

Ask them when a good time to try to reach the booking person would be so you can call back after they get the info. Don't try to sell yourself to the assistant. Be relaxed, be yourself , but don't try to be some hot-shot booking agent type. If you get the real booking person, identify yourself and band. If your band has been playing out for awhile, ask them if they're familiar with the name. If they're not, give them a VERY BRIEF description and a credential or two.

EXAMPLE: "Hi! this is Jim and I'm with a band called the Evil Demons,
 Are you familiar with them? ("no") Well, we're an hardcore band
out of New Jersey and we've been playing around the Tri state area. We have a good fan base, great press and  We're trying to expand out to some other areas like..(his town's name)" and we were interested in talking with you about a possible date.

If you have any air play on stations that service their area, mention it.
"Yeah, they're playing our cd on WSOU and we thought it would be a good
time to try to do some shows in your area" (Club Owner "yeah, well we're kind of booked
up right now")  Reply "I understand,  but would it be all right if I just send you some
info and a CD on the band, we're trying to schedule some shows in your area right now for blah-de-blah week, and maybe we can put something together for then that would benefit us both."

Try to make the first contact as brief as possible if they're un-familiar with your group. If they have heard of you , don't try to impress them with statements like "REALLY?". The proper response would be "Good!" then go straight to the "looking for a date" mode.

When they're ready to talk with you about a booking, (if you're kind of new band ) they usually don't come right out and offer you the date. Instead, they'll probably want to look at their calendar and check out some possibilities. Cross check available dates of theirs with available dates of yours to determine the time frame. Have your calendar ready. KNOW your open dates. If the only dates they have open are booked for you, determine if their
date is more desirable to you. Don't cancel a premium money date for a so-so opening act slot unless you feel like that's the only date they're going to be able to offer you.

Some venues are so hard to get into that it's wise to accept anything! You may have to wait 6 months for another offer. If they offer you one date, chances are they'll offer you another, but when? Sometimes it's tough to determine if you should take one date over another date. Talk it over with your group. Ask some other bands that have played the new venue how they're doing at this place. An opening act slot in front of say, Slayer may look great until you find out that no one goes into the club until the headliner goes on. You have to weigh a lot of factors. You won't always make the right decision, but it's not the end of the world if you fuck up. There will be other opportunities. Keep the long-range big picture in mind. When
they say they have the such and such date open, and YOU have that date open too, then you say "yeah, we could do that date, let me get some information from you."

NOW THE MONEY!!! No one knows exactly what to ask for when you do your first deal with a new club.. It takes a series of maneuvers and posturing to actually arrive on a deal. My favorite line is "now what kind of money can we do on this date?".

It's short and to the point. It also throws the ball into their court. To which most of them will respond "I don't know, what do you need?".KNOW HOW MUCH IT COST YOUR BAND TO PERFORM,  Review  the venue size. Ask what that night of the week is like as opposed to other nights. Try to price yourself the first time in such a fashion that will guarantee your expenses, and if you have an unusually good attendance, you'll get some bonus money. Ask the booking person what kinds of guarantees they are able to offer for a first time in. A good rule is " the lower the guarantee, the higher the percentage". Some clubs have strict
policies regarding guarantees and you just have to accept them or not. If the deal they're offering is bullshit, you may want to go along with it just to establish yourself. Once you're established as a draw or a favorite act, the deal can be adjusted. Some clubs have built in audiences that are going to be there no matter who's playing. Don't try to tap the clubs
already established income. Try to get your pay determined by the ability of your band.

Most booking people that are professional will most likely give you a suggestion on exactly what to do if they don't have anything for you. If they don't, tell them that you'll give them a call back after a while ( 2-3 weeks should be sufficient). If you get the same thing again, it may be that the guy just doesn't want to take the time to try you out for any number of reasons. Maybe he didn't like your tape. Maybe he liked it but only ' OK'. Maybe he's had a bunch of bands like your band play recently and he just doesn't want to do another band like yours again. Maybe he just doesn't want to deal with new bands this week. Maybe he didn't get laid last night. There are tons of reasons why they may not be offering you a date.

Again, don't pester the shit out of them. Ask if they listened to your CD. Try to go over some bands that your band would go well with.  Bands that regularly play that club and ask when they're scheduled back in there. Tell them how much you want to play their market and you REALLY want it to be in their club or venue. Ask them if it would be ok to call back in "a
week or so". If they say yes, thank them and let them go. Mark it on your calendar when to call back and even though you want to call back in three days, DON'T. (unless something comes up) If some unusual show happens to come up that your band would be good with, go ahead and call. Always be professional on the phone and in person.

 

OK Start booking that tour ... and Good Luck!