 The music business offers seemingly limitless opportunities for hard-working musicians. However, the business side of a music career presents musicians with many opportunities to damage their career before it gains momentum. Musicians are confronted with myriad contracts controlling every relationship involving the movement of funds or control of copyrights, trademarks, master tapes, and other valuable assets. Understanding contracts and the terms in the contracts is critical to advancing and protecting a career in music.
A musician promoting him- or herself, securing shows at clubs and venues, and attracting consistent audiences may be urged to obtain a manager, business manager, or public relations (“PR”) representative. The musician must carefully select which, if any, of these assistants and representatives to hire. A manager, business manager, and PR representative are each important elements of a successful music career, but each may only be appropriate at a certain stage in the musician’s career. Additionally, the musician should carefully evaluate which representatives to hire and should avoid hiring representatives based only on that representative’s current client base.
Securing legal counsel to review and revise contracts with managers and representatives will help protect the musician from agreeing to contracts that are unfavorable to the musician. Musicians presented with contracts often feel pressured to sign the contract immediately without consulting an attorney. Signing a contract that was not reviewed by an attorney working in the musician’s best interest could result in significant impairment to the musician’s rights.
Musicians also should avoid relying solely on non-attorneys such as managers and business managers to evaluate contracts with record labels, music publishers, and other entities seeking an agreement with the musician. Managers, business managers, and PR representatives possess unique and helpful skills in the music industry but may not have the proper training to give legal advice about contracts. Reviewing manager and record label contracts with an attorney will help to ensure the musician retains the rights most valuable to the musician. |