In past columns, I've written about many local bands who were just starting their careers, trying to find the time and money to begin touring.
Some of those bands have worked hard, had some success and are now ready for the next stage of professional development. New York City music business lawyer Alan Bergman has guest lectured in my music industry classes at the State University College at Oneonta many times, so I asked him to give some advice for bands who were beginning to get paying jobs at bars, clubs and other live performances.
Bergman, educated at Princeton University and New York University law school, has worked on contracts for many famous musicians including Roger Waters, Squeeze, John Coltrane and Thelonious Monk, as well as record contracts for the pop groups The Mamas and the Papas and Three Dog Night.
His company, 1630 Music Services Inc., specializes in music clearance and music publisher administration as well as representing licensees of music like ABC-TV, BET and motion picture, video and DVD producers. Bergman is also a drummer and percussionist and plays jazz, rock and classical music with equal skill and enthusiasm.
I asked him, what sort of a contract does an artist need for personal appearances? How does a musician protect himself and how does he make sure he gets paid?
He replied, "The specifics of a contract depend very much on the success level of the artist and the scope of the venue and the gig. But in all cases insist on getting 50 percent of the total fee on signing the contract and any expenses for travel promised by the promoter or club owner. The other 50 percent is paid on the night of the performance preferably before the artist goes on stage. If the date is a percentage date, those calculations usually go on while the performance is in progress."
He continued:
The standard single engagement contract is usually in two parts.
The first part is sometimes the American Federation of Musicians one-page form contract.
It outlines the parties, the venue, the date and place of the performance, the hours, the price agreed upon and when payment is to be made. If possible, it's good to have a second part that is called the artist rider and contains specific protections the artist requires for his performance and also contains technical requirements. That rider is best prepared by a lawyer in consultation with the artist's manager and should be designed to be reasonable and clear so that it shouldn't change much from gig to gig.
On gigs where the artist has some name recognition, an important item to cover in the rider is billing (how the artist's name is listed in publicity), including the relationship between the artist's billing and the billing of supporting acts, if any.
Where the gig involves travel that is being reimbursed, the rider will contain the details. How will the artist and his sidemen travel? Hotel details are important including the class of the hotel, the number of rooms, availability of room service and convenience to the venue. Even if the travel is not being reimbursed, some thought should be given to the band's requirements for space to load in, sound check details and other items usually included in a technical rider. Even at entry-level gigs, these items should be mentioned so that the band knows what to expect before they get there.
Sound is essential, especially in acoustic gigs. This would be in a technical rider, which might also include light, stage size, power requirements, house mixing boards and operators, dressing rooms, security, food for the band, rehearsal time and space and other practical considerations.
Stage equipment is another important item and might include music stands; stools; drum sets and risers; all the little things that make up the "Backline." These become big when they're not there. Even if they are not provided, the band should know that in advance.
The rider or the main contract (sometimes both) must specify sound check time. And for many pianists, the rider specifies a specific piano, and I've had artists who refused to perform when it wasn't there.
If the engagement is on a percentage basis, there might be specific provisions about how the artist's representatives verify the number of tickets sold. At the big venue level where reserved seats are sold, the most important item is what's called the ticket manifest, which is an affidavit from the printer of the tickets as to how many tickets were actually printed. It is then the obligation of the promoter to account for each of those tickets. At the opposite level of percentage gigs, the proverbial "Door Gig," you may find the artist's manager (or even the artist himself) with the club owner late at night at a table at the back of the club counting out cash.
Other important paragraphs of the rider relate to free tickets, security, prohibitions against recording or photography, prohibitions against sponsorship without the artist's consent and possibly language giving the artist the right to approve advertising or obligating the promoter or club owner to buy advertising.
The rider may also cover insurance. The artist should (but often does not) carry his own insurance covering damage, injury or liability. And the presenter must have liability insurance of his own. For a band that gigs a lot, an annual policy is not expensive and is an essential investment not only for damage and liability for the customers but for the band members as well. The question of forming a corporation should also be discussed with an attorney. On that point, I realize that not all bands can afford to have an attorney negotiate each contract, but an initial consultation with an attorney experienced in this area is something almost every serious musician can afford, and is a learning experience for dealing with the promoters (and each other) that will be well worth the modest investment.
No matter how complete the contract and rider, the unexpected can happen. There should be provisions relating to the circumstances under which the artist can cancel the agreement. The closer this happens to the date, the harder it should be to cancel if the promoter is not at fault.
Certain things such as acts of God and transportation difficulties do sometimes result in cancellation. What happens then? Does the artist reschedule? Is the money returned? All these things should be covered in the well-drafted rider.
Sometimes this can lead to extensive negotiation between the artist and the promoter prior to the concert. But it's better to argue about things three weeks in advance than when the audience is in their seats and the artist refuses to go on.
Dr. Janet Nepkie is a member of the music industry faculty in the music department of the State University College at Oneonta.
{"Standing Head"/}Industry tips
1. Insist on getting part of your price in advance and the rest before you walk on stage.
2. Your agreement with the club or venue owner or promoter should include details about your travel and hotel even if it's not being reimbursed.
3. Make sure your contract includes a way to verify the number of customers or tickets sold if that affects your compensation.
4. Try to have an experienced attorney or manager draft your agreement and riders at least in the early stages which you can then use for future similar gigs. You can adjust them if you need to do so for specific shows.
5. Remember that each gig you play is an audition for your next job. Arrive on time, play the show you agreed to play, and try to make the venue owner's job as easy as possible. That's the way to get return engagements.
_ music business lawyer
Alan Bergman
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