The Music Advisors It might take a team effort to get you serious attention in today's music scene
By Eugene Foley
Adapted from Foley’s book, Artist Development, A Distinctive Guide To The Music Industry’s Lost Art.
Personal managers, lawyers, and booking agents can be very instrumental in advancing your career. Assembling the right advisors can often be the difference between success and failure for an artist. Qualities to consider include experience, contacts, knowledge, enthusiasm, competence, personality, fees, and commissions.
Years ago, talented acts would often be discovered by a record company executive or a producer with strong A&R contacts. The artist would be developed, recorded and then eventually marketed to consumers.
These days, most artists are presented to record company executives through a manager, lawyer, agent, producer, or publisher. By the time that they are even heard by an A&R rep, the artist should have already been developed, recorded a demo, and created a significant buzz.
If a label hears about your act from a few different sources, that may really pique their interest. Most record companies are now counting on the artist’s advisors to groom and develop them long before they offer a deal. This has increased the profile and importance of personal managers, lawyers, agents, and booking agents over the years.
The Manager
A skilled personal manager can be a tremendous asset to the artist’s career. On the other hand, an incompetent manager can actually harm the artist. A manager will often make a great deal of decisions with, or on the artist’s behalf. You need someone who knows the music business inside and out.
The majority of personal managers receive a 15% to 20% percent commission, and their contracts usually last between one to five years. Before signing any contract, make sure that you have an entertainment lawyer review it on your behalf.
Most personal managers help their artists choose which songs to include on the demo. As you know, songs are the most important component of the entire package. Hopefully, you will have a manager who has a good ear for hit material. If outside songwriters are needed, your manager can contact music publishers and song writers for tunes that would be suitable for your project. When you’re ready for a producer and a recording studio, your manager should help you find the right people and setting.
An artist and his manager must be able to successfully communicate with each other. It is vital that your manager understands your vision, so he or she can find the right producer for the project. If you eventually sign with a record company, your manager should be in regular contact with them on your behalf. Your manager must make sure that the promotional and marketing people are properly handling their respective responsibilities regarding your project. Your manager should also be in touch with the label regarding various business and creative decisions that come up.
Managers also interview and hire photographers, publicists, and other music industry professionals for or with you. This allows the artist to concentrate more intently on the music. A manager should also assist with polishing up your entire act, including your image and your live show.
You should look for a manager who has genuine enthusiasm for your career. You also want someone who truly believes in you and understands your goals, artistic vision, and direction. They are going to be your number one cheerleader, so you will want someone who is really excited about your project. You don’t want to be managed by someone who is not competent. Your career is going to be in their hands in many ways. Make sure that you believe in their abilities as much as they believe in yours.
Many experienced personal managers are talented negotiators with excellent business skills. They often have a wide range of contacts throughout the music industry. This industry is propelled by networking, and the concept of “it’s who you know, not what you know” rings true on a daily basis.
When the situation is right, a personal manager can be a wonderful asset to a recording artist. The manager becomes an advisor, an ally, a negotiator, a promoter, and most importantly, a confidant. Your manager should do everything in his or her power to advance your career, while allowing you the luxury of concentrating on writing, recording, rehearsing, and performing.
One of the key elements in a successful artist/manager relationship involves trust. If trust is not there, things begin to crumble from the inside. The parties must also share the same vision. Everyone has to agree and want the same thing for the artist’s career. Open lines of communication are crucial in this area. Unrealistic expectations will do no one any good.
Make sure that you enjoy and celebrate any positive goals that have been reached. An impromptu party to celebrate a big achievement is a nice reward for everyone on the team and encourages future success. A good manager will embrace your positive contributions to the project. Sometimes people are so focused on the future, they forget to enjoy the present moment a little bit.
The Attorney
Another important advisor is your entertainment attorney. It’s very important to have an entertainment lawyer when you need legal or career advice relating to the music industry. They can help you with general legal issues and handle all of your contract-related needs.
If you are given a recording contract, a personal management agreement, or anything else related to the entertainment industry, hire someone to review your paperwork who deals with those issues every day. One could argue that a lawyer should be the first person that you bring on board as your “team” is created.
Try to hire someone who really knows the music business. Entertainment lawyers know what the industry standards are when they review or negotiate a contract for you. They know what deal points and percentages are fair for their clients. If someone has no music industry related experience because they concentrate on another area of law, they may not know all of the nuances that are found in music-related contracts.
You should never sign a contract without having a lawyer advise you. The music industry is filled with horror stories about people who signed things without legal assistance and ended up paying for that mistake many times over.
If the lawyer is successful in securing a deal, he or she usually receives a commission based upon the initial advance and/or the signing bonus. Some even ask for a percentage of future royalties. There are many variations on fees, commissions and bonuses, so it is imperative that you check around.
Some lawyers concentrate on contracts, career guidance, and other transactional services and do not shop artists. Speak to several people and decide which fee structure and person is best for your needs. Don’t be afraid to call around and ask some questions. Be sure that your call is brief, polite, and to the point. You will be calling people who are extremely busy.
When it comes to other services, such as contract drafting, reviewing, or negotiating, and general career guidance, most lawyers charge an hourly fee ranging from $200 to $500. Some will charge a flat rate for a specific task, such as preparing a contract or letter for you.
You may also choose to discuss a retainer with the attorney. Generally, a retainer is when the client pays a law firm a monthly, quarterly or annual fee up front and then hourly expenses for services rendered are deducted from the money you paid in advance. The lawyer is then available to give the client legal advice and professional services throughout the agreed upon time period as long as money still remains in reserve.
Most entertainment lawyers will not work on complete speculation deals. This basically means providing various legal services for free until the artist becomes a success and can then afford to pay for the accrued services. With so few artists who actually make it, if professionals did everything on spec, they could not afford to remain in business. Lawyers and other professionals have large overhead costs, such as employee salaries, rent, health insurance, advertising, office equipment, and other general business expenses. Take that into consideration the next time you are thinking about hiring any highly trained professional.
You’ll be working closely with your lawyer, so try to find someone that has a personality you like, in addition to experience and contacts. It also helps to find someone who is enthusiastic about your music. If they are going to shop your CD around, they should sincerely believe in the music.
Most record companies refuse unsolicited packages and only accept demos from lawyers, agents, managers, publishers, and record producers with whom they have a professional relationship. Once again, contacts play a tremendous role. How can you expect to get a deal if nobody ever hears your demo?
The chances that an A&R rep will walk into your neighborhood bar on a Tuesday night and see you performing live is not very likely. This is especially true if you don’t live in a major music city such as New York, Los Angeles, or Nashville.
Many up-and-coming acts cannot find an experienced and competent manager who is willing to work with them. Therefore, the artist has nobody knowledgeable to direct their career. In situations like this, an entertainment lawyer can fill this void and guide the artist through the often confusing business of music.
The Booking Agent
The “booking agent” is another important advisor on your team. Their primary duty is to secure well-paying gigs for you. Some booking agents will also help promote and advertise concerts and personal appearances.
You already know the importance of playing live and how it relates to increasing your buzz and income. It’s very important to secure a booking agent who has contacts at the venues in your region so they can get you steady, paying work.
Unsigned acts can perform at a variety of venues including clubs, colleges, festivals, hotels, casinos, restaurants, record stores, book stores, and so on. Most booking agents receive a 5% to 10% percent commission for the concerts they secure for you.
When an experienced professional is arranging your live performances, a label is confident that record sales will increase due to the higher exposure. I often suggest to artists that they should get their press kit and demo to booking agents in their region and start building relationships with those people. Even if they are not ready to sign you today, keep the right agencies up to date on your efforts. Eventually they may see enough progress to finally offer you a deal. Perhaps they would even offer you an opening spot on a tour with an artist already on their roster.
If you are planning a tour, an accomplished booking agent can also help you decide how much money you could expect and what markets would be most receptive to your music. When your booking agent gets an offer from a club or venue, they should contact your manager for approval before the gig is booked. This should prevent double booking or scheduling problems.
An “agent” is not to be confused with a “booking agent.” I can best explain the role of an “agent” as a cross between a manager and a lawyer. They help the artist with a wide range of promotional, marketing, publicity, and in some instances, legal tasks. The agent provides valuable direction, guidance, knowledge, experience, and advice to the artist and their career on a regular basis. Some even quarterback the artist’s entire promotional campaign.
Agents are usually skilled in numerous facets of the music business and are a big help in areas such as artist development, negotiation, and general career guidance. Top agents have numerous contacts throughout the music industry and utilize those connections to help their clients.
Many agents contribute to their clients by providing career and financial advice, reviewing contracts, negotiating deals, shopping material, securing endorsements, developing business opportunities, etc. Some people refer to their “booking agent” as their “agent” – simply as an abbreviated nickname. So try to be clear about which professional you are referring to, when speaking to others, if you are fortunate enough to have an agent and a booking agent.
Eugene Foley is the Founder and President of Foley Entertainment, Inc., a music industry consulting firm and licensed entertainment agency. Foley Entertainment represents artists, songwriters, managers, labels, executives, producers, engineers, and other industry participants. Foley is a licensed agent, and is recognized as an accomplished expert in music industry consulting, intellectual property, and artist development. Learn more at http://www.foleyentertainment.com.
Adapted from Foley’s book, Artist Development, A Distinctive Guide To The Music Industry’s Lost Art. 
