Report From the 1997 Philadelphia Music Conference

Page 3 from the TagYerit Journal

Saturday November 8th (cont'd)


Music Business Attorneys Panel
The six attorneys on this panel represent both sides of the industry, the artists and the labels. They were very forthcoming with their advice. When you need a lawyer, make sure he's (or she's) an entertainment lawyer.

John Robertson (represents artists Philadelphia, New York, New Jersey) John has been shoppiing only two artists ove the past year, because those are the ones he believes in.

Interview the attorney. How many bands are they shopping? Make sure an attorney (who's shopping it) likes your music, that they listen to the whole thing .. Fees are ALWAYS negotiable with a lawyer. Make sure that the lawyer is at risk, that he (she) has an investment in your career. In the matter of accountability, if you are paying expenses, you want 'pre-approved' expenses. ... The book "Everything You Need to Know About The Music Business" by Donald Passman is a must.

Michael Gentlesk III(artist)

First things ... Have a mutual agreement among band members about who in the band owns the band name, the copyright, merchandising rights etc.
If you sign a retainer with an attorney, have another lawyer look it over ... When offerred a standard label contract, you can always get a better deal. It never hurts to ask.

John Luneau (Ryko)

Have a relationship early on ... Does band need an attorney or a manager? There are no easy answers. Some lawyers are great with contracts but bad for other details.. A manager would want a long term contract, but you can fire an attorney.
Concerning the VLA (Volunteer Law Agency for the Arts) ... In Philadelphia, it depends on your needs. It can work fine, but for a really serious (difficult) contract you might be better served by an experienced entertainment lawyer.

Jay Rosenthal(Washington D.C / artist / S&P, Sweet Honey, Jonathon Edwards)

Concerning the VLA in Wasingtotn D.C. ... You have to qualify below a certain amount. ($16,000-20,000?) Even if you don't qualify, it can be a good place tp get a referral. It can also work for you if you get a volunteer lawyer who works with an experienced attorney.
How does a lawyer get paid? Billable hours, flat rates for certain jobs, or by percentage? Legal fees are overhead expenses ... Watch out for production agreements.
Educate yourself! A lot of times a lawyer is teaching ....

Eric Bender (Polygram)

To reduce legal costs, it is possible to do your own negotiations, using your lawyer as a coach. This can significantly reduce costs. ... Percentage rates are negotiable ... 5% of deal? 10% (sometimes royalties)

Kevon Glickman (Ruffhouse) When each of the attorneys were originally introducing themselves, He stood up, said, "I just saw Pattie Smith. I don't even want to talk after that" and sat down

When discussing percentage, is that of the gross amount or net. ... An example, on a $150,000 advance is it 5% of the 150,000 =$7,500, or 5% of the after expenses cost of $30,000 = $1,500.
YOU have to know all of the players. Don't even depend on your lawyer or manager. At the end of the day, both sides have to be happy. Things change. You have to stay flexible.

How to Distribute, Sell And Market Your Own Record
Only have a few notes of general interest from this panel ... Distributors are not there to sell your record. The store has to have demand . Often distributors won't deal with single release labels. If you can't get a distribution deal, then try for a subdistribution deal with another small label that has distribution.... Look for different markets. MIDEM in France is a week long annual event. It is the largest event of it's kind for music. ... Jill Shewell-Stump from Sam Goody's was on the panel to discuss "play-in-store" events. Most of the sale of local artist music is from these events. Without these events, it helps to have your retail price below $10. ... Listening posts in stores - may cost $65 per store per month ... To work a regional market such as in the southeast U.S. including Florida and Georgia, press 2500 CDs. ... There are over a thousand radio stations in the northeast U.S.

Easy on the Eyes: Video 101
Moderated by Mike Nise, (Omni 2000 Camden, NJ) - a longtime tv producer. "You must combine all elements to have a strong visual as well as musical image. You want to hook your audience on every level."

Joey Welz (Caprice Records)"Bill Haley and the Settlement played for 7 years as a country band before The Comets. I was a roadie for the band for 2 years before they let me join on keyboards. The band did everything to entertain. We jumped up and down ... something visual ... that helped the band. And the movie The Blackboard Jungle helped to launch the song." With "Rock Around the Clock" playing under the opening and closing credits, The Blackboard Jungle (Feb. 1955) was the first movie to use a rock and roll soundtrack. " (We're Gonna) Rock Around the Clock" was written by Jimmy De Knight, Max Freedman, and Dave Myers December, 1952.

Mike Nise, "MTV was nothing new. It was repackaging of ways to promote. These things go in cycles. The Majors are in a doldrum while there are more young adults than during "Rock Around The Clock." The question is 'What aren't the Majors doing?' Gotta know how to use the medium. A lot of times people aren't buying the music they're buying the artist."

Amy Beth Parravano; songwriter, singer (Northampton Line, Nobody's Angel) In the last 8 years she has produced and directed "Amy Beth Presents", a RI cable access TV show.
" With local access cable, you can start your own show. There are 10,000 potential viewers in our broadcast area. And you can expand that by bicycling the tape. (A system of swapping shows with other cable access stations.) Find multiple system operators. Get your production tape to them."

Laura Beth Basker was on the panel representing a TV production company. They use a non-linear editor. A simple video/ one camera live shoot can be done for $2500. You can get a great video for $12,000 - $15,000

Mike Nise, " Omni 2000 also has a new division, Omniworld Entertainment. We don't just listen to the music we want to know more about the talent." Mike introduced the two women responsible for Omniworld Entertainment, Christy and Amy. (I didn't catch heir last names.)
" The two basic video types are concept video and performance video. Their popularity is cyclical. History has no beginning or end. It just has roots."

Editors comments:
We went to the panels to figure out how to plan and further our music career as songwriters. In a way, we got more than we bargained for. There was an political message underlying many of the problems spelled out by the panels and speakers. Radio stations are being run by conglomerates who have no interest, in music. The major record labels are also suffering from stagnation and bloated corporate board rooms. I spoke with several 'retired' DJs who spent years on radio, only to give up, because there was no room left for self expression. Living in western Massachusetts, we're fortunate at having several independently run radio stations (WRSI, WRNX), as well as 3 college radio stations, and an NPR station. Perhaps the demographics are too dispersed to attract corporate radio. The internet offers an alternative, but it's potential is yet to be realised. There is still room for artists to get noticed using conventional means and maybe the obstacles today are just a way to weed out from the 30,000 CD releases each year. The danger as Patti Smith pointed out, is that communication is a right, and we have to be careful that we don't lose that right by allowing radio and other media to be co-opted by special interests. And as Little Steven pointed out, half the people in the industry are honest and hardworking. Just be sure you're part of that half.


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