THE PROFESSIONAL MUSICIAN'S CAREER MANAGEMENT TEAM:

ROLES, RELATIONSHIPS, AND RESPONSffiiLITIES

by

Jason C. Johnson

A SENIOR THESIS

in

GENERAL STUDIES

Submitted to the General Studies Council in the College of Arts and Sciences

at Texas Tech University in Partial fulfillment of the Requirements for

the Degree of

BACHELOR OF GENERAL STUDIES

Apprond

Dr. A.W. GustatGtn Department of Family Financial Planning

Chair of Thesis Committee

Gary Osier President. Gary Osier Presents

Tom Barnett Department of Mass Communications

Accepted

Dr. Dale Davis Director of General Studies

December 1997

,. 14t~----~--------~~

~~-5 -(;, ACKNOWLEDGMENTS

.', --1 '9 ~ i ' "5 I would like to thank Wayne Kirkpatrick, Chaz Corzine, Amy Stokes, and Mike

/)0 i McGee for taking the time out of their busy schedules to allow the opportunity to

c· interview them. Without their insight, I would not have been able to gain a realistic

perspective on how the music industry operates. I would also like to thank Dr. A. W

Gustafson, Gary Osier, and Tom Barnett for their guidance and support. Their expertise

and opinions significantly helped shape this thesis. They were an invaluable source of

knowledge, and their contributions are greatly appreciated.

11

_._.-- ... -------------_ ........

~=""""""---.!::.../

T ABLE OF CONTENTS

ACKNOWLEDGEMENTS 11

CHAPTER

1. INTRODUCTION 1

II. THE PERSONAL MANAGER 3

III. THE PROMOTER 7

IV. THE FINANCIAL MANAGER 13

V THEAGENT 18

VI. THE ATTORNEY 23

VII. CONCLUSION 27

WORKS CITED 28

111

CHAPTER I

INTRODUCTION

The music industry is an ever-changing business that demands a lot of networking,

intense devotion, and to some extent a great deal of luck. Anyone who is seriously

considering entering the music industry should first begin to research the best

approach to finding a successful path.

Obviously, not everyone who has talent and the dream of making it as a musical artist

will attain his or her goal. Far more people have not succeeded as artists than there are

people who have successfully navigated the road to stardom. Although the odds are

against a new artist, I believe that, with ambition and determination, an artist can greatly

increase his chances of achieving success with the assistance of a professional career

team.

A career team is a group of people that an artist assembles in order to better and

further his professional career as an artist. Members of a career team range in their

responsibilities and roles greatly, but they all have the same common goal, and that is

helping the person to reach the goal of becoming a recognized and successful artist. A

good career team should provide the artist with sound advice, structure, and support. It is

vital that the artist respect and trust the opinions of everyone he considers to be (l

member of his career team. This is important because they are the people who help the

artist to make decisions about new material, imaging, touring, contract terms, and

finances. A typical career management team for a performer consists of a personal

manager, an agent, a business manager, and an attorney. Every member of an artist's

1

career team has a different specialization, and everyone IS equally valuable to the

advancement and longevity of the performer's career.

2

CHAPTER II

THE PERSONAL MANAGER

According to Passman, the personal manager is probably the most important person

in an artist's professional life. A great manager can take his client straight to the top and

help him or her realize every dream they have ever had as an artist, but a bad manager

can sink the artist to the very bottom. A good manager should be the general manager of

the artist's whole operation and should be the guardian of the artist's career. A personal

manager's relationship to the artist is the business equivalent of a marriage because if

either one of the partners fails to do his or her part, the whole relationship will fall apart.

(48) For the most part, the manager will usually fulfill his obligations because it is hi~

sole responsibility, but the artist should also understand and support his manager in order

to fulfill his or her end of the agreement.

A personal manager is someone who represents, advises, and works for the artist.

The manager handles all of the day-to-day business while the artist creates and performs.

It is for handling the artist's daily operations that the manager receives a percentage of

the artist's earnings. Managers charge different percentages, and the rate is determined

by the artist and his position in the industry. The Musician's Business and Legal Guid_e

states that a manager should provide knowledge, judgment, and objectivity concerning

record companies, scheduling, and recording habits (Halloran 265). A manager must

also have much insight concerning the people within the record company that the artist is

dealing with because the main objective of a manager is to get the artist favorable

3

exposure. Without favorable exposure there will be no record contracts and without

record contracts there will be no money.

It is the manager's job to know the record compames because certain record

companies are better for certain types of music. It is up to the manager to know who will

do the best job of producing his client and which record companies are known to produce

the best acts for specific genres of music. Along with producing and sound quality. the

manager should also know which labels do a good job of promoting the artist, because

without proper marketing a talented artist may still go unnoticed. It is essential that the

record label is devoted to promoting the artist because the label is the company that has

contracted the artist.

Another one of the manager's main jobs is scheduling for his clients. It is important

for a manager to schedule the activities of the artist around recording and performing

obligations. A manager must take into account all the different facets of the artist's life

in order to help the artist be more structured while also letting the artist have time to work

on creative projects such as songwriting. As far as scheduling is concerned, the manager

should also help the artist coordinate his concert tours by working with promoters to

ensure the best deals and the best routing for the tour.

Some of the main responsibilities of the manager, according to Passman. are

assembling and heading a professional career team for the performer. Acting as a butTer

between the artist and the public, protecting the performer's interest, and negotiating

various contract terms for the artist are also his responsibility. (48) In order for a

professional top level artist to have a successful and lucrative career, he must have a staff

of business-minded professionals monitoring and planning his every endeavor. The

4

manager IS 10 charge of assembling and heading this business staff. The personal

manager should head and monitor the staff because ultimately he is responsible for the

success of failure of the artist. The business staff advises the manager on budgets and

legalities, and the personal manager in turn advises the artist on his career.

The personal manager also acts as a type of buffer between the outside world and the

artist. The manager makes statements on his client's behalf and many times deflects

allegations concerning his client. This is done many times to protect the image of the

artist and also to help them retain some sense of privacy. The personal manager also aCb

as a buffer between the artist and record companies. Passman suggests, that the manager

is basically the mediator and the negotiator between the artist and the record label. The

manager is the chief negotiator for his clients recording contracts. (47) The manager

tries to reach terms for the artist that will be favorable not only monetarily but also

creatively. It is very important that the artist have creative control. Without this

freedom, according to Kirkpatrick, "the artist is at the mercy of the studios and the record

label." If the artist does not have creative control, then his ideas and opinions about the

production are meaningless. It is especially important that the artist have creative

freedom when he records his second album. This is because some labels feel that it is (l

good idea to release a song that is essentially a clone of the artist's first hit. The label

company may want to do so because it feels that it will help to establish the artist by

associating him with a particular style of songs. On the other hand, some labels feel it i:-.

a good idea to release a song that is completely different in order to show that the al1ist

has unlimited style capabilities. In either case, it should be up to the artist to make the

final decisions concerning style and sound. (Kirkpatrick)

5

Some of the special considerations that an artist should look at is the amount of

power a manager brings to the relationship. An artist should remember that a manager

can often make or break a performer's career. If a potential manager does not have very

much knowledge or clout with key companies in the recording industry, then it will be

difficult for him not only to negotiate deals but even to get in the door for an interview

Also, the manager's influence can substantially determine how much promotional

backing an album will receive.

Finally, and most important, an artist should consider the contract agreement

between himself and the personal manager. This contract should be looked at in great

detail to avoid confusion and conflicts of interest. Also, Passman suggests, that the artist

should check the manager's fees because, while the standard industry rate is 1 S% to 20~/o

of the artist's gross earnings, some managers unfairly feel that they are entitled to more

(48).

6

CHAPTER III

THE PROMOTER

One of the key figures involved in any entertainment venture is the promoter

Without the promoter, the performer would go virtually unnoticed. The promoter is in

charge of publicizing the artist and the event. Weissman maintains that "the promoter

should check on record sales, radio play, and the attendance at previous concerts that the

artist has done in the immediate and surrounding areas." The promoter should also

inquire as to whether or not the artist has recently appeared nearby, and if so, whether the

concert a financial success. (152)

Bookings and area publicity are both handled by established promoters. The main job

of a promoter is to make the public aware of the artist and upcoming appearances. ."\

great way to publicize an event is for the promoter to set up an in-studio interview on the

morning of the show to be conducted by the local radio station. This is great publicity for

the concert because it gives the listening audience a personalized feel for the performer

and it arouses their curiosity about the show.(McGee Interview. Oct. 8 1997)

The promotions can be handled basically two different ways for a performing artist

One is that the performer works with promoters on an independent basis or city-wide

basis. The other way that promoters work is that some are contracted by the record

companies to do the publicity for the artist's upcoming album release or touring schedule

There seems to be varying opinions on which approach works best for tour. Ultimately it

is up to the artist's manager and the artist record label to decide which promoter will be

contracted.

7

On an independent territorial basis, the promoter works with the performer to set up

the performing dates and to arrange the location. One good thing about using an

independent promoter is that he should know the local hot spots and tend to have a good

feel for the target market in his city. Also, there is the element of familiarity because the

promoter knows the people that work for most of the clubs and entertainment centers.

This is helpful because by the time the artist arrives to perform, all of the preparations are

in order for the event. This is possible because preparing for the whole event involves

operating procedures that are standard for the promoter and for the local crews

On the other hand, a promoter who has contracted with a record label handles all the

tour dates and sets up the venues on a state-wide or nation-wide basis. This way can also

be advantageous because, by structuring a tour using one promoter, the artist and the

manager can deal directly with the promoter. Another advantage is that every concert

date will be structured exactly the same so that there should not be any surprises for

anyone involved. The only problem with a promoter handling a concert for a nation-wide

tour, according to Weissman, is that often some of the local promoters feel that their

territory is being violated and may be reluctant to help the artist with future promotions

(152). But the record label usually feels more comfortable with only one promoter

handling the tour because, if a problem arises, the record company can then deal directly

with the promoter.

A promoter that is contracted by a record label is almost solely responsible for the

artist's bookings, area publicity, and the tour schedule. In order for the performer to have

a successful tour, all three matters must be attended to equally by the promoter.

8

First of all, the promoter must book and schedule a concert date and a venue. He

must then make sure that the necessary provisions are met according to the ar1ist ~

performance contract. Secondly, the promoter must contact and coordinate all the people

and equipment that need to be involved. This ranges from set-up crews to the local

police departments. Then the promoter must make deposits on the venue and any

equipment or services that will be rendered before or on the date of the event.

Normally, the promoter's main concern is publicizing and orchestrating the event If

the promoter is exclusively in charge of publicizing the event, then there are a few

different ways that he can make the public aware of the upcoming event. One way is to

pay for advertising on the local radio stations. Usually, the radio stations charge a

standard fee for their advertising, but often another type of arrangement can be made

For example, the radio station may lower its advertising price if the promoter agrees to

give the station a set number of complimentary tickets to the event. Often this is done

because the radio station wants to incorporate the event into its own promotions by

having a drawing to win the tickets for its listening audience. The promoter can publicize

the event by placing ads in the local newspaper stating the time, date, and the featured

performer. Some promoters may even choose to run an advertisement on the local

television station. This is a fairly uncommon practice because most concert events seem

to be spread more by word of mouth or by the local radio stations but primarily became

the cost of television advertising is very expensive.

In determining how to promote a particular concert, Weissman states that it is

important to know exactly which age group the act will draw. This will help the

promoter determine what type of advertising he will do. Weissman gives the example

9

that if the promotions are for a country music act, it would be natural to advertise on the

local country music radio stations and to concentrate on the newspapers and magazines

that the promoter thinks country music fans might read. Weissman also states that the

scheduling of a concert must also be carefully considered. If the promoter is planning to

attract a college-age audience and the college is in finals week or out of session, then the

concert may be in jeopardy because of the scheduling. Or certain holidays may cause

people to stay home, while other holidays may bring the crowd out because they do not

have to work. Also, if a concert is held outdoors, attendance may be influenced by the

weather, and the promoter may have to arrange an alternate site or schedule a rain date.

(153)

As I stated previously, promoters are not solely in charge of publicizing the al1ist

because their main concern is publicizing the event. Sometimes even if the promoter is

working on an independent territorial basis, he can acquire promotional help from the

artist's record company. The record company is often willing to sponsor newspaper or

radio ads to advertise the artist's latest release or upcoming concert event. Sometime~

the ads may be bought by the record company, and the costs may then be shared with the

promoter. The record company can also help the promoter with posters, giveaways, radio

interviews, window displays, and restocking the radio stations and local record store~

with new shipments of the artist's records.

Weissman suggests that posters should be printed and placed in the surrounding

towns and in the city where the concert is scheduled. The first posters, which should go

out well before the concert, should be placed in noticeable locations such as college

campuses, record stores, and busy intersections. When planning the advertising for the

10

event, the promoter will often set a minimal advertising budget and hold a reserve fund

for extra newspaper and radio ads if the initial ticket sales are slow or margi I1JI.

Weissman also suggests that it is important for the promoter to advertise in the media that

match the demographics of the artist's audience and that, occasionally, the promoter can

acquire free radio publicity through community bulletin boards and usually can get a

cheaper rate by advertising in college newspapers. (154)

Well in advance of the actual event, the promoter should be very busy lining up the

all the details of the concert. One of the promoter's jobs is to hire lighting, sound, and

stage crews for the concert, assuming that the artist does not travel with his own technical

crew. The promoter is also in charge of alerting the press about the event by issuing

press releases and inviting the press to attend the concert. About eight weeks prior to the

event, according to Osier, the promoter should be setting up ticket distribution sites and

monitoring sales. If the ticket sales are slow, then Osier suggests that the promoter

should consider lowering the ticket prices or possibly offering some type of discount 011

the admission price.(Osier)

Upon renting the location for the event, the promoter will then be instructed by either

the auditorium or municipal officials as to what the guidelines and stipulations for that

particular site are. The promoter will then hire security and vendors according to the

management's policies.

The promoter is the main person in charge of keeping the artist and his crew happy

on the date of the event. This is so because in almost every entertainment contract there

is a rider that details exactly what is expected from the promoter prior to and on the date

of the event. As stated by Weissman, a rider is written into the contract to ensure that the

11

artist has everything he or she may need or want on the date of the event. The rider

stipulates that the promoter is to provide meals and any other amenities that may be

requested by the artist. This may include anything from limousines to personal

hairdressers. (155) The promoter must do everything possible to keep the artist satisfied

because, if the artist is not satisfied with the accommodations, then chances are that the

promoter will not be satisfied with the performance of the artist.

12

CHAPTER IV

THE FINANCIAL MANAGER

The job of the financial manager can be tricky. If the finances are not managed

properly, the artist could end up bankrupt during or after his performing career. Business

managers oversee the financial aspects of their clients' lives. The business manager takes

an active role in the collection of income, prepares budgets and monitors expenditures,

actively participates in the client's investment decisions, oversees insurance coverage.

initiates and participates in estate planning, and constantly monitors the tax consequences

of all transactions. While accounting is universal for all business, business management

as described here is unique to the entertainment industry.

According to Halloran, the field is not regulated: there are no licensing or educationa 1

requirements to become a business manager. Although there are no requirements to be a

business manager, there are licensing requirements in order for a business manager to

give investment advice. In today's entertainment industry, most of the business managers

are not only licensed investment advisors, but the majority are certified public

accountants (CPAs), lawyers, or persons with some type of financial background.

(Halloran 309)

An artist does not usually hire a business manager until he has had some amount of

success in the industry. Up until this point, the artist's business matters can be handled

by an accountant that can advise the artist on specific matters such as basic tax returns.

The business manager is in charge of reviewing invoices, verifying them and

processing them for payment. He is in charge of preparing payroll checks for his c1ienfs

13

employees, prepanng incoming checks for deposit, and monitoring bank accounts to

make sure that there are sufficient funds to cover checks and to cover the client's

withdrawals. Any of the excess funds that will be needed for the future are transferred to

short-term investments to earn interest income.

Halloran says that most artists today have one or more contracts. These include

recording, merchandising, publishing, and even foreign reproducing and sub-publishing

contracts. The business manager is responsible for monitoring all of the artist's contracts

to make sure that all payments are received. He is responsible for collecting allY

outstanding payments. He also makes sure that all the income is properly documented

and paid. (310)

If the artist controls his or her publishing, according to Halloran, monitoring the

income is more difficult. The reason is that there may be other sub-publishing deals and

licensing to account for. An income schedule is kept by the business manager to monitor

the publishing and sub-publishing royalties earned, the schedule also ensures that all

mechanical fees are granted and that all payments are received. (310)

Halloran states that most business managers use a bookkeeping system that i ~

computerized. This system produces statements that show all cash receipts and

disbursements, cash balances, and financial statements that show monthly and cumulative

income and expense figures. These statements are then reviewed to prepare ta'\

projections, budgets, annual meeting packages, and special reports requested by the

client. (311)

Depending on the projected income and the client's preference, the business manager

prepares a budget that shows projected expenses for the specified period. The business

14

manager can also prepare a budget for personal spending, but it is up to the client to stay

within the established budget in order to maintain long-term financial safet~· (Halloran

311 )

Halloran also maintains that the business manager is responsible for managing all the

taxes, such as payroll tax, sales tax, gift tax, and income tax. He also represents the artist

during audits by the Internal Revenue Service. (311) The business manager has to be

involved with attorneys so that they can prepare estate and retirement plans for the artist

The business manager along with the lawyer also has to examine matters such as current

assets and liabilities in order to devise a financial plan for the artist. The business

manager also sets up the insurance policies for the artist. Once the policy is completed.

the business manager then contracts for an additional life insurance policy to pay an~

estate taxes in the event that something unfortunate were to happen to the artist.

Halloran further contends that one of the main jobs of the business manager is ta\:

planning for his client. Tax planning is a constant process that involves determining \vhat

is best for the artist. For example, should the business manager set the artist -s finances

up to be considered a sole proprietorship, partnership, or corporation. He has to decide

on whether a pension plan or medical reimbursement plan is better for the artist. And the

business manager also has to make decisions concerning which type of investment plan

the artist should follow. (311)

The business manager works with the personal manager to budget the income and

expenses for the artist's touring schedule. Once the tour is underway the business

manager monitors the income and the expenses of the tour. Also, the business manager

15

sets up the insurance for the tour and he checks on compliance with state tax laws. He

reviews all third party contracts and monitors the actual income for the tour.

The business manager is responsible for making sure that the artist has the

appropriate insurance coverage for his employees, businesses, and property (Hallora 11

312). A business manager should be chosen according to the artist's investment plans

and financial goals. He should work with the artist to set up an investment plan that the

artist is comfortable with and that both the artist and business manager agree is realistic.

The artist's business manager watches over any acquisition or sale by the artist ill

order to monitor costs. According to Halloran, the business manager also deals with loan

brokers and lenders in order to set up the most effective investment plans for the artist

The business manager does so because the professional life of an artist is usually more

limited than the forty to forty-five year work span of most people; therefore, an aliist ha~

to be more concerned about making his investments work for the future than most people

. (Halloran 3 13)

Finally, one of the hardest jobs a financial manager has, in Corzine's opinion. IS

actually keeping the artist on a budget and making him understand the reasoning for the

budget. Probably the toughest time for a business manager to keep an artist on budget is

whenever the artist has his first really successful venture. The reason is that, before thi ~

point, the artist has probably just been making enough money to get by Now, all of a

sudden, the artist has achieved success, and the record company is projecting that the

album will go to the top of the charts. By this point, the artist is not only trying to decide

on his next project, but he is also trying to decide how to spend his newly acquired

wealth. The biggest problem with this type of situation is the possibility that the record

16

companies projections are incorrect and the album does not reach the top of the charts

Then the artist is not only dejected because of the album's failure, but he is also ill debt

because he based his spending on unrealized income projections. Another point that must

be considered is that, before the album was recorded, there was a recording budget. This

budget was established to cover all production costs with any remaining balance to go to

the artist upon the completion of the album. Upon completion of the album, the artist

should then receive his first royalty check, and that first check should cover all the

expenses, such as recording recoupment and packaging. The first royalty checks will

also be used to pay the artist's personal manager, talent agent, business manager, and any

taxes. Paying all of this in one shot, the artist could end up with a minimal amount of

money or potentially none. This is the main reason that it is so important for the business

manager to insist that his client strictly adhere to a monitored budget. (Corzine)

17

CHAPTER V

THE AGENT

Talent agents in today's musIC industry are very specialized employment

contractors. As agents, they are authorized by their client to act for them in order to

obtain work. Passman contends, that the role of an agent in the music business is very

different from the role of an agent in the film industry. This is because agents in the film

industry are the major power players in the industry, controlling many different aspects of

the industry. (74) However, agents in the music industry are almost exclusively involved

in booking for live personal appearances such as concerts and promotions. Music agents

do not get paid for recordings and songwriting by the artist they represent; therefore,

they are not a major part of the entire music industry. This does not mean that mllsic

agents are not an important part of an artist's career; it only means that their scope of

influence is somewhat limited.

Because an agent is such a valuable part of an artist's career team, the artist

should exercise extreme caution when selecting an agent. Many of the talent agenci('~

are basically the same, and all otTer the same primary services. But if the artist takes the

time to investigate the different agencies he will discover that each agency has its own

specialization and its own established relationships with certain record companies. This

is a point that should be considered when an artist is selecting an agent.

If the artist has a personal manager, then the personal manager will have the most

contact with the talent agent. Corzine notes that the artist will probably see his agent at

18

concerts and arranged meetings, but other than those times, the agent will usually deal

with the personal manager. With that in mind, the artist should make the final decision

concerning agent representation, but the screening of potential agents mav be better

handled by the personal manager. (Corzine)

It is very important for an artist to be represented by people who enjoy their work

and are excited by the artist's talent and ability. Agents who enjoy their client's work

will always be better able to represent their client versus an agent who is not interested.

(Halloran 286) Even the biggest and best agency is of little value to an artist if it can nol

find an agent who appreciates the artist's work and can communicate with him

effectively. Also, it is very important that the artist have a good impression of the agent

who is about to represent him.

It is vital to the relationship that the artist be able to relay creative ideas and

business plans to his agent. Because the agent represents the artist in contracting

business, the agent must be someone whom the artist trusts very deeply. The agent

should also have an attitude and appearance that the artist feels represents him or her in a

positive fashion.

Halloran suggests that when an artist signs with an agency, he should make sure

that he deals exclusively with the agent of his choice. This is very important because the

agent that the artist chooses will deal with the entire agency for the artist. Another point

that the artist should consider is how many other clients a potential agency represents and

who those clients are. If an agent has too many other accounts, then the agent may be

spread too thin and may not have as much time to devote to the artist's needs. (Halloran

286) Also, if the agent has many big-name clients, he may not consider a new artist as a

19

top client. Therefore, the agent may not put forth a great deal of effort in securing \vorl.:

for the new artist.

In order to avoid running into the problem of an agency having too many client"

and not enough time, some artists may choose to go with a smaller agency. In Hallora n':­

opinion, a small agency can often be more advantageous to an artist because the client-to­

agent ratio will usually be lower. This ratio allows the agent to devote more of his time

to scouting and booking dates for his clients. It also allows the agent to be able to spend

more time with his clients.(288)

There are differences among all agencies; however, according to Halloran, the

biggest difference is between a specialized agency and a full-service firm. A specialized

agency is an agency that prides itself on one particular area of expertise, such as personal

appearances or live performances. However, a full-service agency deals with all aspects

of the entertainment industry, such as film and television as well as personal appearance~

and live performances. (288) Both types of agencies can be equally productive; it just

depends on the artist's preference. But, if for example, the artist is a singer who also ha~

acting ambitions, it may be better for that artist to be represented by a full-service firm. It

might make the transition from singing to acting a little easier.

Frascogna and Hetherington suggest that a new artist should check a potential

agency's client list to see if he would mix well with the rest of the agency's clientele

The artist may not receive adequate representation if the agency that he is considering i ~

geared toward a genre of music that is entirely different from the music that the al1ist

performs. If the artist is new to performing, it would also be advisable for the performer

to see what kind of venues that the agency prefers to book. (117) If the artist is ne\\ to

20

the scene, then he would probably not want an agency that prefers to book arena t~'Pe

shows~ instead, the artist should probably prefer to go with an agency that typicall~'

books local clubs.

Clout is very important in the music business. If an agency does not have much

clout, then it will be hard for the agency to contract jobs for its clients, The more

influence an agent has and the better his reputation, the more concert promoters and other

talent buyers want to hire the agent's acts. If, for example, an agent delivers several good

acts to a promoter, then that agent's credibility begins to increase, thus establishing him

as a reputable and reliable agent. The agent is then in a position to begin pushing his

developing acts, and it will also make the promoters more protective of their relationship

with the agent. (Halloran 287)

Both Corzine and Halloran maintain that most agents' relationships with

promoters are based primarily on reciprocity, If a promoter takes a chance on hiring one

of the agency's new developing acts, then in return the agency will usually help thL'

promoter by giving him the opportunity to use some of the agency's hottest acts. Also, it

is beneficial to the promoter as well as to the agent if the promoter is willing to take a

chance on a developing act. If the act becomes very successful in the future, then the act

will be very likely to play for that promoter again. (Corzine~ Halloran 288)

It is very important that the artist and his agent maintain a good and stable

relationship. As in the case of the manager, it is important for the agent to kno\\ his

clients in order to know their preferences and to gain a better a understanding of their

needs. (Corzine) It would be very advantageous for the artist to provide as much

background information about himself as possible. Also, it may prove to be beneficial

21

for the artist to outline his future career ambitions and goals so that the agent will kno\\

what to expect and what type of plans will need to be made in order to sllccessrl.lll~

represent the artist.

It is very important that the artist consider as many alternatives and variables as

possible. The artist should check out potential agencies by asking current clients,

managers, promoters, or record label executives about the agency's reputation. The al1ist

should find out how the agency is regarded by the music industry and should check Ollt

its past and current clientele. The best recommendation for a talent agency is a long list

of successful clients who are in the artist's music category. (Corzine)

22

CHAPTER VI

THE ATTORNEY

Musicians face many different legal problems throughout their career; therefore, it

is very important that they have a dependable lawyer to advise them on the different !ega I

matters that arise. Passman states, that the artist will also need a good music business

attorney, because the attorney must do a lot more than review contracts and offer legal

advice. Music business attorneys also help their clients to shape and negotiate deals

inside and outside of the music business. (67)

In today's music business, Passman contends that lawyers have established

themselves as one of the most powerful groups in the industry. The reason is that while

other groups are very powerful, their influence is limited to their particular field in the

industry. For example, the agents, the personal managers, and the business managers al e

all very powerful within their respective areas, but their influence does not carry over into

other fields. While the personal managers are very powerful, they can represent only a

very limited number of clients at one time. This is due to the amount of personal

attention their clients require. And while the business managers may have many clients.

they deal in only specified financial areas. Because of this restriction, they also have a

very limited field of influence. The reason that the influence of these three types of

professionals in the music industry is usually somewhat limited is that they are not

involved on a daily basis with contract negotiation and structuring. Attorneys, on the

other hand, are involved in all aspects of the music business, and they are also able to

23

handle more clients than any of the other groups because the time required to represent

each client is far less. Because of the attorney's wide sphere of knowledge and his large

client base, he is one of the major power players in the music business. The additional

factor that attorneys are generally among the most informed people in the business also

adds to their power. (Passman 67)

Because the music industry IS so complex, especially due to the nature of

recording and publishing agreements, according to Halloran, it is very important that a

music business lawyer be skilled in drafting and negotiating contracts. Also, some of the

music attorneys will help the artist by pushing his demo tapes or "shopping" the demo in

industry lingo. (46) A demo tape is a very basic tape that usually consists of three to si.\

songs that showcase the artist's style and range. If an attorney is willing to push a demo.

it can be very beneficial to the artist because most music attorneys have good rapport

with recording labels and publishing companies. These companies generally trust the

opinion of the lawyer.

Another service the attorney provides is monitoring the other members of the

artist's career team (Halloran 46). While the personal manager and the artist have the

final decision- making authority, the attorney deals with the other members of the artist ~

group to ensure that all of the legal guidelines are followed.

In some instances, the music attorney will also collect the payments for an artist

(Halloran 46). The attorney then deposits the money into a trust account after deducting

his hourly, percentage, or retainer fee. This may be done to document the payment

received and also to serve as a protective measure for the attorney's client. Music

attorneys also provide the client with general advice and recommendations concerning

24

the artist's career. (Halloran 46) This can be helpful to a young, unseasoned artist

because he may not be getting good career advice from a personal manager who is also

inexperienced.

In order to find an attorney that fits an artist's profile and personality, it i~

important to shop around for an attorney that meets the artist's criteria. An attorney

should be willing to devote as much time as necessary to representing his client

According to Halloran, the artist should go through an interview process with the lawyers

that have been recommended by his personal manager in order to find an attorney that

best suits his needs. An artist should not be afraid to interview potential lawyers because

if the artist and the attorney can not get along, then their professional relationship i5.

doomed from the start. While interviewing an attorney, the artist should inquire as to

what the lawyer's specialty is in entertainment law and what type of previous mu:-ic

business experience he has. (47) The interview process should be very thorough because

it is very hard for an artist to find an attorney that will represent him effectively.

Over the past ten years, the trend has been for entertainers to be represented by

"boutique" firms. Halloran says that the reason is that if an artist is not represented hy <I

sole practitioner, a "boutique" law firm is smaller and offers more specialization in

entertainment law. A "boutique" firm usually has ten to twenty lawyers that handle

entertainment clients exclusively. (46) This helps put the artist at ease because the firm

specializes in entertainment law and the artist can feel confident that the firm knows all

the technicalities and loopholes for the music industry very well. Most of the "boutique"

entertainment law firms charge their clients either a flat fee, or they take 5% of the dollar

25

amount from the deal they negotiate for their clients. (Halloran 46) If the artist's deab

become larger monetarily, then it is usually better to go with a predetermined hourly fee

26

CHAPTER VII

CONCLUSION

For some artists, performing may actually become the easiest part of their career.

The success or failure of an artist is very dependent on many forces outside of music.

That is why it is so important for an artist in today's music industry to have the proper

career management group. Establishing and managing the career of a professional music

artist requires not only the talent of the artist but also the combined talents of

professionals in widely varying careers. The artist's career management team provides

the artist with personal, creative, legal, and financial advice in order to help the aJ1ist

maintain a professional career in the music industry. The artist's career management tealll

also offers the artist some degree of support and stability in a business and lifestyle that is

fast-paced and somewhat unreliable. All things considered, it is almost imperative that

an artist have proper management that includes every aspect of his or her career. It

would seem highly unlikely that an artist would have even marginal success in today ~

music industry without the guidance of a professional career management team.

27

WORKS CITED

Corzine, Chaz. Harold-Blanson Management of Nashville. Talent agent. Personal interview and telephone interview. 24 Sept. 1997.

Frascogna, Xavier M., Jr. and H. Lee Hetherington. The Business of Artist Management. New York: Watson-Guptill, 1997.

Halloran, Mark. The Musician's Business and Legal Guide. Rev. 2nd ed. Upper Saddle River, N.J: Prentice-Hall, 1986.

Kirkpatrick, Wayne. President, Beanstalk Recording. Grammyaward winning Nashville songwriter and producer. Personal interview. 14 Sept. 1997.

McGee, Mike. President, Leisure Management International. Personal inten"iew. 8 Oct. 1997.

Osier, Gary. President, Gary Osier Presents. Dallas area promoter. Personal Interview. 5 Sept. 1997.

Passman, Donald. All You Need to Know About the Music Business. New York: Prentice-Hall, 1996.

Riordan, James. Making it in the New Music Business/ Tony Riordan. Cincinnati. OH: Writers Digest Books, 1988.

Texas Music Office. The Texas Music Industry: A Reference Book for the Texas Music Industry. Austin, TX: 1995.

Stokes, Amy. Nashville Association of Songwriters International. Personal interview and telephone interview. 16 Sept. 1997.

Weissman, Dick. The Music Business: Career Opportunities and Self-Defense. Rev. 2nd ed. New York: Three Rivers Press, 1997.

Wheaton, Robert. Six Flags Entertainment. Concert producer. Personal inten'iew. 7 Oct. 1997.

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