I need some serious advice please.

Posted: Wed Apr 30, 2008 11:25 am

I am in an independent band, who is being pursued by an independent record label. there are 5 of us, and we are all songwriters in the band. we are also being pursued by a major publishing company, and we want both deals to work out seamlessly. how do I achieve this?

any help would be greatly appreciated. thank you. Very Happy

Posted: Wed Apr 30, 2008 11:26 am

Such nice problems you have!
Where are you located?

Posted: Wed Apr 30, 2008 11:28 am

in the south jersey/philadelphia area.

Posted: Wed Apr 30, 2008 12:16 pm

Do you have copies of the contracts?

Posted: Wed Apr 30, 2008 12:48 pm

Very simple. It is time for you to speak with an entertainment lawyer.

Posted: Wed Apr 30, 2008 1:42 pm

1. Get a lawyer - one who is a specialist in the music business.

2. Start reading. Passman's book is a good start. Lots of others out there. Ask your lawyer for recommendations.

3. Sit down with your band and start talking about how the band is going to be run as a business. Write a letter of agreement describing how you plan to run the band: how money gets split, how decisions get made, who owns what (including the name of the band). This is very hard for some bands, but it will save a lot of bitterness down the line. Your lawyer may be a help here, but the legality of the agreement is a lot less important than the fact that these issues get talked about.

Posted: Wed Apr 30, 2008 1:42 pm

taxman wrote:

Very simple. It is time for you to speak with an entertainment lawyer.

+1

Posted: Wed Apr 30, 2008 6:38 pm

Be prepared to mind your own business! A lawyer in any field is a tool. They work for you, not the other way around. I find it very difficult to believe this two headed pursuit is happening and you have NO idea of what to do next. For you guys to have gotten this far shows an incredible focus and sustained drive coupled with a highly marketed....and marketable product.

Based on the little I know of getting signed it seems to be the surest way to loose control of music money and mind. Maybe it's just time to incorporate and keep on running the gig your way?

Posted: Wed Apr 30, 2008 6:56 pm

Do not incorporate. The modern company vehicle is a limited liabity company (LLC) it is much more flexible than a corporation. Don't do it on your own. Forming an LLC is a piece of cake, but deciding who should be members, what type of member they shoud be, and how the entity should be managed is much more difficult.

I am a tax lawyer and do consulting work for an entertainment firm in NYC. However, I am not an entertainment lawyer and don't hold myself out as one. Unfortunately, as a lawyer I am required to tell you that comments I make on this forum are not intended as legal advice and that no attorney client relationship is created hereby. If you need help finding an entertainment lawyer let me know.

Posted: Wed Apr 30, 2008 7:48 pm

ill be brutally honest with you guys, I'm actually in a music business class and our final is this topic, and our class can ask us anything about the topic. our reading curriculum is donald passmans book, so I'm familiar with the material. I'm just trying to get a head start on the topic.

thanks guys.

Posted: Wed Apr 30, 2008 7:55 pm

Are you saying this was a class exercise?

Posted: Wed Apr 30, 2008 8:14 pm

You are also dishonist and requesting information under false pretenses.

Posted: Wed Apr 30, 2008 8:18 pm

Posted: Wed Apr 30, 2008 8:49 pm

this was my final debate, im trying to see if im on the right track.

Posted: Wed Apr 30, 2008 9:00 pm

Quote:

this was my final debate, im trying to see if im on the right track.

We can all appreciate that, and applaud you for furthering your education...

However, posing your question the way you did isn't necessarily the best way to make friends and influence people here on teh internets.

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