|
the music biz for musicians: lawgirl on brian mcphersonBrian McPherson is an entertainment attorney in Los Angeles who has probably represented 90% of the alternative bands you have ever heard of at one point of another. Brian was recently appointed VP of A&R for London/Slash Records, and has just released his first book, Get it in Writing: the Musician's Guide to the Music Business. Brian definitely knows his stuff. In fact, he is the person I turn to when I have questions. He was kind enough recently to answer a few questions specially for lawgirl.com readers: Hey Brian. What are some of the common mistakes you see bands make when entering into recording contracts? That's difficult to answer. I think high expectations is a big problem. The process of getting signed is so long and miserable and exciting etc. that a lot of bands feel like the work is done once the ink is dry, but in reality that's when the real work begins. You have to realize that the odds are stacked against you - too many bands act like rock stars before they have entered the studio to make their first record. Other mistakes? Not having an attorney or having a bad or inexperienced one - choose your counsel wisely. Ask other bands, ask your manager, ask people at ASCAP and BMI for referrals. In your experience, are demo deals usually beneficial or detrimental...why? I go into the demo deal thing at some length in the book. I'm not saying that they are a bad thing - it's just that none of my clients have ever turned a demo deal into a record deal. Keep in mind that there are different levels of demo deals - some might be like "Here's $500 - go into an 8 track studio and cut one song" while others might involve long contracts and as much as $10,000.00. If a demo deal is the only way for you to cut demos, go for it, as long as the deal doesn't tie you up for more than a few months. At what point in a band's career do you think it is important to hook up with legal representation? As soon as anyone is putting contracts in front of you, whether its a manager, publisher, record company, etc., you need to seek counsel. Also, if you want to "shop" your material to labels and publishers, having a lawyer or a manager submit the material really helps - most labels won't even open your package unless they know where it's from. If you are a garage band and have no intention of putting out records or becoming a "professional" musician, you probably don't ever need a lawyer. Do you typically encourage your clients to enter into publishing deals? I don't encourage or discourage them. I just explain publishing to them: You need someone to administer your songs, and if you are sought after, you can secure a publishing deal of some kind that can pay you a cash advance. I think that everyone has heard horror stories about writers "giving up their publishing for nothing" and that certainly has occurred (and still does). However, modern publishing deals can be much more writer favorable. In the old days, you might sell 100% of your publishing rights in perpetuity for as little as a dollar. Nowadays, publishers typically ask for only 50% of the copyright, and those rights often revert to the writer at a later date (seven to fifteen years after the end of the deal) if the writer has leverage going into the negotiation. I think most writers look at publishing deals as a loan, and if that's the case, you want get as big an advance as possible while giving up the least amount of publishing income to the publisher. Getting back to your question, if a hot band is offered a small deal very early on, they have to decide whether it makes sense to wait until they get more successful so that they can get a better deal (or simply keep their publishing). The downside? If you wait until you get "huge" you may find yourself waiting until the need of time and wishing you had taken that "small" deal. I simply present several of these scenarios to the artist and let them decide. How did you go about "discovering" most of the bands that you have represented? Most come through referrals from other bands or artists I represent. Others come via referrals from publishers and A&R people, or attorneys who can't represent the artist for one reason or another. Sometimes you are just in the right place at the right time - I saw Beck opening for Lois and the Spinanes at a crappy bar in Pomona 6 years ago and struck up a conversation with Margaret Mittleman (who ultimately signed him to BMG publishing) at the bar. She explained that he needed an attorney, introduced us, and we met the next day. A few days later I was his attorney. If I hadn't been at that show, there's no telling whether I would have ever even met him. What advice can you offer bands seeking good legal representation? What's a good way to get a good lawyer? Talk to your friends in bands, ask your manager, interview the attorneys - there are no stupid questions - check with the state bar to see if they have had any malpractice claims lodged against them. A lot of it is "vibe" - you want your attorney to be available to you when you need him or her, and you need to be comfortable with that person. Do you think 5% deals for legal representation are fair to Artists, or would you encourage them to try to retain an attorney on an hourly basis if they can? It's like this: I expect my hourly clients (which are very few in number) to pay my bills every month. Five percent clients pay when they make money, so most clients feel more comfortable with this arrangement. Frankly, I would probably make more charging hourly or on a "flat fee" basis, but I get very involved in my clients' careers, and I like the feeling that if the band succeeds, I succeed as well. But I offer all billing options to potential clients and let them pick what they are comfortable with. What advise can you offer to law students wanting to become music lawyers? Be patient - it's very difficult to break into any kind of transactional entertainment work. I had an advantage because I worked as an assistant to the head of A&R at IRS Records before I went to law school, so I knew some of the "players" and I asked people to introduce me to music attorneys. One of them (Rosemary Carroll) gave me a job as a clerk, and here I am. Thanks Rosemary! Be persistent - send letters and resumes out - you never know when someone is looking for new blood. Also be aware that competition for these positions is fierce - some boutique entertainment firms will work you like a dog and pay you below market - this is called "paying your dues" and I had to do it. Of course, it was well worth it. If you want to break in with a bigger firm, you will probably have to start in the litigation department and log a few years before they let you move over to entertainment transactional. If this is the case, make sure you get to know the entertainment lawyers at the firm so you are in a good position when they need another attorney. Thanks, Brian. It's always a pleasure to chat with you. No problem. It's great to see you. For more valuable information, Buy Brian's book. Or write to Brian after you've bought his book to tell him how much you like it. Be sure to buy the book before you ask him to sign your band. It's just good form.
* * *
l a w g i r l h o m e |
