Music Business Success

 
Introduction.
This article is intended as a very brief guide of the sure way to achieve success in the music industry. The intended audience of this essay is the independent creative performing musical artist who is starting from scratch, that is, the "unsigned" performing singer-songwriter or the musical act performing original songs. The substance of this essay amounts to a typical consultation that I offer independent artists who contact me to inquire about the services that I provide and who often ask the popular question: "Do you shop demos?"

Independent Achievement.
The typical mission statement of an independent musical artist who consults me is that they "want a deal". What kind of deal and with whom are not usually clear in his or her mind. Furthermore, the artist often appears to have no concept of how that "deal" is going to be procured. This indicates to me that the artist does not have defined professional goals. Unfortunately, I have to take the time to explain to the artist who is at this stage that they are not in a position to hire an attorney. It is always regrettable for me to turn away a prospective client.

A business and marketing plan for achieving professional goals should be the artist's starting point. However, most artists do not have a plan. Many artists who approach me have made a demo tape and intend to indiscriminately spend money on duplication and mailing to send the demo to people "in the industry" who may or may not be interested in receiving it, much less listening to it and acting on it for the benefit of the artist. From a simplistic perspective, the ultimate goal of the striving independent artist is to make a profession of selling records. Right? In order to initiate this process, the artist must first make a record. Therefore, the business plan that I recommend is a course of action founded on an independent release. An independently released compact disc is essential for two reasons. First, it is a hard product that the artist can sell. The second reason for having a compact disc is to have an industry-standard quality demo. The CD is better than a tape in sound quality and appearance. These two motives are basically inseparable.

The artist can sell his or her compact disc at performances, through the
Internet, to friends, or to the general public on consignment or through distributors. The most effective way for an independent artist to demonstrate his or her ability to sell is to sell. Since the success as an independent artist in the music industry is based on record sales, in order to achieve success, it is essential for the independent artist who is struggling to build a career to develop a marketable product. Therefore, any independent artists looking to achieve success in the record business should release an independent record. That is, primarily, a full-length compact disc. When I suggest this to aspiring artists I often hear, "But I don't have the money." Unfortunately, the
answer is "Get the money." Once the independent record is released and is being sold, a viable independent record company exists. It is not unusual for a local artist's independent release to be the best-selling record at the major retailers in his or her local domain.

No matter what the professional level of the artist, any performance, promotion, image creation, recording, or other related pursuits of a recording artist are directed to one objective: record sales. A record company, whether a major record company or a small independent record label, is interested in one thing: record sales. Music quality, style, performance, genre, or other qualities mean nothing except how they relate to record sales.

Success in the sale of the independently released compact disc can generate the kind of professional music industry interest that the independent artist seeks. If the artist has independent success at selling records, building a fan base, and getting radio support, then that is the best indication to a record company that the artist is a worthwhile commodity in which they should consider investing. Furthermore, the extent of the artist's independent success can strengthen the artist's bargaining position when it is time for a deal to be struck.

A self-starting approach that begins with an independent release has been an effective method for some who have found themselves being pursued by the record companies instead of the other way around as a result of their independent success. An independent artist client of mine was recently profiled in Billboard Magazine along with some other artists in the local region where she is based. In the article she was quoted as saying that she was not courting a major label deal. She stated that since she was so successful independently, she didn't need
them. Shortly after that article was published, she received inquiries from A&R people at all the major record labels. She found that few of the other artists mentioned in the article were contacted by the major label A&R community. It seems that, unlike her, they had all professed their quest for a major label deal.

The best dramatization of the effect of a successful independent release is contained in the film Jailhouse Rock. In that film, the protagonist singer performer, Vince Everett (Elvis Presley) and his manager (Judy Tyler) pound the pavement with his demo trying to get a "deal". They are met with consistent rejection everywhere they go. Finally, with no recourse left they release a single themselves. After a lot more hustling, that includes cuddling up to a radio DJ, the single is a commercial success. When Vince is in a record store signing copies of his new hit single for a long line of fans, one of the record company executives who had previously rejected his solicitation steps in and
shaking Presley's hand, says something to the effect that: "Now that I've seen your ability to sell records, I've changed my mind about you. We'd like to sign you up." That method of independent development is as true today as it was when that film was released in 1957.

The Attorney's Role.
A. The Function of an Attorney. An attorney is a professional who engages in the practice of law. An attorney provides legal counseling and advice, negotiates and drafts legal documents such as contracts, and offers representation in courts of law. In Illinois, one must be licensed by the state as an attorney in order to provide legal advice or services or appear as a legal representative in court. A litigation attorney handles disputes and courtroom procedure. An entertainment litigator is involved in such disputes as copyright infringement or breach of contract cases. A transactional attorney works on the contracts that construct a business deal and often will never enter a courtroom. An entertainment transactional attorney may work exclusively on music licenses for the use of songs in film and television, or may only draft and negotiate recording contracts.

When an artist is starting an independent record label in order to release his or her own material, there may be little need to retain an attorney. However, if there are any agreements between members of the band, if the label is "signing" another artist, or any other contracts are involved, an attorney's involvement would be essential. Many attorneys will provide a free initial consultation in order to help the small business artist properly determine how and when the attorney's services will be needed.

B. Attorney Shopping Deals. There is a widespread belief among artists that attorneys can "shop deals". Artists often call me and express the belief that an attorney can "get a deal". This generalization probably results from the perception of what high-profile attorneys sometimes accomplish for their famous and established clients. However, at the independent level with an unproven artist who has no track record of sales, an attorney may be an ill-suited promoter for the artist and his or her product.

When an independent artist approaches me, I inform him or her that I do not shop demos, but instead I strictly practice law. This means that if they have a contract that needs to be drafted, reviewed, or negotiated, then that is the role that I can play in their career. In the event that the artist does not require my legal services, but still needs help with career development or guidance, I direct the artist to seek out a manager or producer.

C. Attorney as Manager. It is not unusual for an attorney to also act as a
manager for an artist. An attorney who guides an artists career or helps shop the artist's product to a record label or publishing company is not strictly performing the role of an attorney in those duties, but is effectively operating as a manager, agent, or even producer. An attorney can provide such managerial services, but my perception is that there is a misconception among many independent artists who believe that attorneys generally do provide managerial services in the entertainment industry as part of their normal practice.

Conclusion.
The achievement of success as a recording artist is never an easy path. There are some strategies, however, that can hedge the bets in the favor of the artist to give him or her fewer excuses for failure. Getting started without success can be an effective way to ward off failure. An attorney can not deliver success for the artist, but usually is one participant in the journey of an artist who is already beating a path to it.

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