Vol 4, Issue 9: Risk Management

The other day, I received two proposals from individuals “generously” offering to take over the reins of my career. No doubt my recent invitation to attend the 53^rd Annual Grammy Awards as a honourary guest artist had something to do with it. Although I’ve made it abundantly clear to my fellow players as well as several management firms that have approached me in the past that I’m confident in my abilities to navigate my professional aspirations and indeed have had success via the D.I.Y. approach, I was willing to, at least, hear them out. While I relay to you these experiences, I ask you, my budding professional artists, to reflect on why I had issues with BOTH proposals (gotta make sure you’ve learned something thus far!):

Proposal numero uno came in the form of a simple email and let me be clear, I mean SIMPLE. I received no personal introduction nor cover letter catered to my specific needs as an artist, but rather an attached text-only word document which consisted of no more than the individual stating his name, his age (not sure that’s entirely relevant, but okay…), the fact he’s worked on and off within the music/modeling biz for approximately 20 years, and three different service options he was willing to provide. Without getting into nitty gritty detail, the service options included:

a) Management: the lowest fee option, in which he got “final say over everything” (his own words). This agreement would be legally binding.

b) Exclusive Booking Agent: “all gigs and all event coordinators or bar owners interested must go through [him].” Again, legally binding.

OR

c) Freelance Non-Contractual Promoter: the highest fee option, in which you could continue to book your own gigs, but he would assumingly be able to get you bigger opportunities as well.

In addition to the above overview, it is important to make mention of a few interesting points of discussion in regard to his proposal. First off, he made the bold claim that, “many bars/clubs won’t hire a band that isn’t with a licensed Agent.” Considering my and many others successes as self-represented D.I.Y.-ers, I don’t feel it’s even necessary to point out the inaccuracy of that statement. 

Secondly, he made mention of the fact that apparently most of the acts he contacts elect option b (yes, believe it or not, he has acts he represents). 

Thirdly, he NEVER outlined exactly what his fees are, and failed to list any referrals, recommendations, or past clientele. 

His terms of agreement were not outlined (ie: the length of time for which the contract is legally binding would have been nice), nor was there any mention of an escape clause defining the agreement termination process in the event you or he was dissatisfied with the relationship and wished to end the contract prior to the completion of its term. FINALLY, and the point to which I’d like you to draw your attention most closely, irrespective of the option you selected, ALL monies were to be paid to him directly, and it was then HIS responsibility to pay you the lump sum after his percentage had been subtracted. If you don’t have a million red flags a-flying at this current moment given my last utterance, you should NOT be considering working in this business professionally. I mean that seriously.

The latter proposal fell much more into the “wolf in sheep’s clothing” category in that the party responsible for it at least attempted to metaphorically “wine and dine me” for a couple of weeks. We conversed extensively via email and over the phone prior to the development of any formal proposal. I tell you sincerely, it appeared as though they truly understood my ambitions and were willing to assist me in getting to exactly where I needed to go. They further made it a repeated point to make clear that they are a small but efficiently run organization that RARELY takes on new talents, no doubt as a means of drawing a parallel between their business tactics and my D.I.Y. ethos, and well, a little ego-stroking (ie: I should be SOOOO honoured that they’d consider me!) never hurts either considering most artists are pretty insecure given the exorbitant amount of competition.

Okay, so why did I go into suspicious mode when I received their proposition? Well, similarly to my previously outlined “friend”, there was no escape clause, no provided testimonials, no detailed timelines of when I could anticipate certain tasks being executed, nor were there any “legal” assurances that in fact they would fulfill the agreed upon expectations (to a better extent than I could myself) outside of their word. Yes, while this may have been a legal document, don’t kid yourself – the headache and money involved to take such scammers to court if they fail to live up to their outlined contractual obligations is far more than the average musician is able to even process, let alone deal with.

My biggest issue, however, with this second attempt pertained to its multiple demands for upfront money ON TOP of commissions to be earned on a per-gig basis. Not only was a flat fee of a cool $1600 (USD) to be paid PER YEAR (with a caveat that I should be “well positioned” to likely but NOT definitely have to pay it again in the future) in order for their services (booking, publicity, promotions) to be executed, but further, they expected me to shell out an additional 100 smackers (USD) just to have my bio and photo added to their website. I mean, I don’t know about you but if they’re supposedly “representing” me, shouldn’t that last bit at least be included?

Logically, yes people deserve compensation for their work. However, tell me would a smart consumer purchase an expensive vehicle, without conducting a test drive first? Likewise, would a well-versed businessperson overhaul their entire factory with new equipment without any warranty guarantees? I think we both know the answer to said queries.

While I’ve written extensively on the importance of protecting oneself from shady promoters and venue owners, I haven’t touched upon the topic of what a legit management proposal should overview, at great length. In sum, I hope you’ve gathered from this storytelling session that it is in your best interest to NEVER agree to an exclusive terminally-binding contract from anyone offering to manage your career that demands more than a straight up commission-based percentage of between 10-15% per booked opportunity. Two, NEVER allow said individuals to “manage” your finances. Finally, like anything else in this biz, do your research, ask for referrals, get to know exactly who you’re working with before you cross any “t”s or dot any “i”s.

Vol 2, Issue 13: Alternative Sources of Revenue Pt IV: Licensing & Songwriting, Indie Vs. Major Representation

It is possible for musicians, without representation, to both license and write songs for various purchasers, but as Simon Wilcox, a highly successful songwriter for EMI Music Publishing notes, signing a deal with representation helped her enormously. In terms of finding appropriate opportunities for her music, expanding her portfolio, and allowing for collaboration with industry veterans, EMI more than helped her get her foot in the door. With projects including writing for Juliette Lewis, Three Days Grace, and The Trews on her resume, EMI presented Wilcox with breaks she likely wouldn’t have been able to muster on her own. But in saying that, she most certainly credits her perseverance, and hard work as factors in her success. After all, if it wasn’t for her already established impressive songwriting portfolio, she likely wouldn’t have grabbed EMI’s attention.

According to Michael McCarty, Managing Director of EMI Music Publishing Canada and a graduate of Fanshawe’s very own MIA program, EMI only signs about one out of every thousand artists they review (and keep in mind artists are ONLY reviewed if they have been recommended through a previously established connection). However, Steve Thomson of Backstage Productions offers more of an optimistic view with his new talent recruitment protocol.

Unlike the majors, Backstage Productions and other independent music publishers are willing to accept unsolicited material, and even provide funding for the recording of a demo, if they truly believe that the songwriter has got what it takes. Take David Baccha, for example.

Starting out as a controversial radio discjockey in Cleveland, Ohio, Baccha migrated to Toronto to elude government authorities that weren’t too happy with the satirical content of his show (to say the least). Again, through the magic of connections, he was able to hook up with Steve, then the manager for Ronnie Hawkins, who instantly recognized Baccha’s potential and contracted him as a songwriter for his company. Throughout his career, Baccha has had the privilege of undertaking many songwriting endeavours including writing for numerous commercial campaigns, and movie scores. Maintaining his American roots, Baccha also initiated a writing deal with Jimmy Inner, drummer for Lighthouse, and the composer behind the “Dirty Dancing Soundtrack”. Through Inner, he obtained the opportunity to write for pop-band Dejavu, which spawned for Baccha, a series of billboard charting hits.

Despite the fact that both Wilcox and Baccha have carved out successful songwriting careers for themselves, they continue to compose their own original material, and participate in various gigs on the side. According to Wilcox, “a successful song in Canada is worth about four figures on average, five, if you're lucky, but that can vary greatly depending on [the song’s genre] and where it is being played.” In general, it would seem that pop songs, because there are more outlets for distribution, tend to generate higher revenues, and instrumental tracks, especially if intended for synchronization use, are easier to sell.

Although, as Wilcox indicated, a single composition can allot a songwriter a substantial chunk of change, Baccha quickly pointed out that because royalty payments are issued annually, budgeting one’s expenses carefully is absolutely essential. Elaborating on this point, Baccha also explained that songwriting does not earn a writer a consistent paycheck because there is no way to guarantee the success of a given track. In fact, he has personally had tracks that weren’t “discovered” (or profitable) until TEN years after their initial release!

From my own personal experiences with licensing, I can tell you that I have had a moderate amount of success including having ANTI-HERO’s album featured on MTV’s hit tv series, Next, WITHOUT being signed to a music publisher. However, the opportunities with which I’ve been presented are sporadic at best, and are usually “exposure deals” in which there is little or no monetary exchange. In addition to music publishers, there are several licensing agencies whose job it is to solicit the work of independent artists to various music buyers, but after two years of being signed to a handful of these agencies, I’m still waiting for something to come into fruition!However with the growing popularity of sites such as www.youlicense.com , a site designed for independent musicians to solicit their music directly to music purchasers FREE of charge, things may be changing.

Both Backstage Productions and EMI Music Publishing are always on the look out for new emerging talent to feature on various projects, and if you want to be successful in this alternative artist arena, diversity will be your ticket.

For more detailed information on songwriting and licensing, Baccha suggests picking up a copy of Songwriters magazine, an industry publication issued by the Songwriters Association of Canada.

About the Author:

Rose Cora Perry is the frontwoman for Canadian hard rock band ANTI-HERO known as “The 21st Century Answer to Nirvana”, as well as the sole owner and operator of HER Records, a management company in which she offers marketing, promotion, publicity, tour booking, and artist development services.

Her band ANTI-HERO has toured extensively across North America playing notable festivals such as Warped Tour, Canadian Music Week, NorthbyNorthEast, Wakefest, and MEANYFest.Voted “Best Rock Act of the Year” by numerous industry publications, their critically acclaimed debut album, "Unpretty" is available worldwide for purchase.

Rose Cora Perry is a dedicated promoter of D.I.Y. ethics, and an avid supporter of independent musicians.For more information on Rose Cora Perry and her band's accomplishments, please visit http://www.anti-hero.ca/ or http://www.rosecoraperry.com/

Vol 2, Issue 4: The REAL Deal on Record Deals

I remember the day that my band ANTI-HERO announced that we signed a distribution deal and how much it got blown out of proportion. Friends of ours began writing us letters wondering when we’d buy them each a hot new sports car or generously donate money to their cause? My response to them and anyone else who seems to be under the misconception that we are throwing parties just to roll around in our billows of cash is this: just because you sign a record deal doesn’t mean that all of your prayers have been answered.

For one thing, there are different kinds of deals a band can sign which may or may not include thousands of dollars being paid upfront to the artist. However, even in this "best" case scenario, what the music industry doesn’t tell you is that if your act flops, you will now owe that money back to your label. Don’t think that this is an uncommon dilemma in which bands find themselves. You just never hear about it because it would ruin our idealistic view of what "being signed" really means, thereby encouraging more artists to go at it independently further crippling the major labels and their stronghold on the industry.Now, not to get into semantics, but let me clarify one thing.

The word "independent" and/or "indie" is commonly used incorrectly when referring to artists. Contrary to popular belief, "indie" is NOT a genre, but rather it refers to the independent status of a band meaning that they are self-managed/published artist, and that they embrace the punk slogan D.I.Y. as their mandate. Even if an act is signed to an indie label, what one needs to understand is that all indie labels have an major label affiliate for distribution purposes, and usually a booking/publicity company affiliate, so further, the lines between major and indie become blurred. In my opinion, a true indie band is one that provides its own booking, management, publicity, distribution, and struggles its way to the top without any label support.Thanks for letting me get that out of my system.

Let’s now go back to the types of deals a band may be offered, so that you can establish which type of agreement would best suit your act’s needs.

1) Distribution: A distribution deal will make your album(s) available in retail stores, downloadable on sites such as iTunes, and/or online for purchase. The availability of your album in stores in various territories will highly depend upon your act’s touring history. With a distro deal, no upfront money is offered to the artist. For that matter, your act may be required to take money out of its own pockets to pay for the re-pressing of your cds with the distributor’s logo and copyright information. In addition, your distributing label will receive a substantial cut of the profits from all of your cd sales including your off-stage sales (the cds you sell at shows). If your cd is recalled or returned, again you will owe your distributor money for the inconvenience you have caused them. So, be sure that your cd is gonna sell.

Pros: Having a major distributor affiliated with your band may assist with publicity and bookings. Having your music worldwide will assist your act in widening its fanbase.

Cons: In-store cd sales are at an all-time low (in fact, many major labels are switching to cataloging only), and with illegal downloading programs such as Limewire, it’s difficult to make any money from online sales. In addition, you will now be sharing your profits providing your act with less money to spend on other areas that need development.

2) Indie Label Representation: Signing to an indie label will provide you with distribution (though it may be limited to the areas in which your act tours), and likely booking and publicity services. However, booking and publicity services may be charged as extra expenses to your act. In addition, you will likely be required to continue to perform several of your own management functions to assist with the label’s efforts. There may or may not be an offering of upfront money, however, funds are limited so likely, it would not be a large amount. Indie labels often book tours and do promotions in which all of their artists are grouped together.

Pros: Less pressure to conform to current music trends. Higher likelihood of getting approved for grant programs.

Cons: Less funding for booking, and publicity than what a major label could provide you. You could get stuck in the stigma of only being successful when in conjunction with the other artists on your label. Competition is steep.

3) Major Label Representation: With major label representation, you get to focus on just being a musician. Your booking, management, and publicity is all taken care of. Your albums are available worldwide, and you will be provided with great opening and festival opportunities. However, it’s becoming increasingly difficult to get signed to a major label as their funds have diminished significantly due to illegal downloading. They are becoming more choosy with the artists that they represent, and are more likely to sign acts that mimic what’s currently popular on the airwaves producing short-lived careers for their artists. If music is your livelihood, becoming a one-hit wonder would be devastating.

Pros: Unlimited opportunities in terms of marketing, and promotions. Worldwide touring opportunities, and distribution.

Cons: Loss of control over the marketing of your act’s image and sound. Due to the extensive rosters of major labels, your act may be shelved for anywhere from a few months to a year. If your act flops, you will be required to pay the label back all of the funds with which it provided you for marketing, recording, and promotion etc.

4) Strictly Booking or Publicity Deals: If an act wishes to continue to be independent, but requires additional booking or publicity services, they can sign agreements with independent firms that will assist with booking or publicity for a monetary fee and/or percentage of your earnings. Most bookers and/or publicists are unlikely to work with bands that are unestablished and do not already have record deals or at least distribution.

Pros: Several venues, festivals, and/or media outlets do not accept unsolicited materials from artists, and therefore having an agent work on your behalf may open up some doors.

Cons: This is often an expensive endeavour and firms cannot provide a guarantee that their services will assist you. Just because your act is offered a show and/or press through one of these firms, it does not mean that it is guaranteed to be favourable.With any opportunity, there will always be upsides and downfalls, but knowing what risks your act is willing to take, and what services best suit your needs will assist you greatly in choosing an appropriate career path.

Irrespective of what any record deal promises to deliver, remember this: just because they say they will provide you with all these wonderful services doesn’t necessarily mean they will. Most acts are so overwhelmed at the very proposition of being signed that they put themselves in a scenario in which they can easily be taken advantage of. As most artists do not have the funding behind them to go through legal proceedings in the event that their label screws them over, labels are aware of the fact that they can away with making empty promises.

Although the workload of self-management is overwhelming at times, I find myself satisfied in knowing that what my band has accomplished is entirely in thanks to all of our hard work. Being a true indie band is something that has worked for us, but don’t be fooled into thinking it’s been an easy road.

However, on the other side of things, I hope that you all now understand that just because an act is signed, it doesn’t mean that a) they no longer have to work hard and/or b) that their career will be well taken care of. Perhaps I’ve become jaded from my experiences in the music biz, but I personally would never put my life into the hands of another to sit back and watch it run its course. My life = my music, and I don’t feel that anyone is capable of truly understanding what that means to me except for me.

About the Author:

Rose Cora Perry is the frontwoman for Canadian hard rock band ANTI-HERO known as “The 21st Century Answer to Nirvana”, as well as the sole owner and operator of HER Records, a management company in which she offers marketing, promotion, publicity, tour booking, and artist development services.

Her band ANTI-HERO has toured extensively across North America playing notable festivals such as Warped Tour, Canadian Music Week, NorthbyNorthEast, Wakefest, and MEANYFest.

Voted “Best Rock Act of the Year” by numerous industry publications, their critically acclaimed debut album, "Unpretty" is available worldwide for purchase.

Rose Cora Perry is a dedicated promoter of D.I.Y. ethics, and an avid supporter of independent musicians.For more information on Rose Cora Perry and her band's accomplishments, please visit http://www.anti-hero.ca/ or http://www.rosecoraperry.com/