A Little Help Please?

It seems so surreal that I will be graduating from Full Sail University in December with a Master’s in Entertainment Business. A few months ago, I was questioning whether or not to pursue another degree after college let alone Full Sail University. Granted, I was very reluctant about paying the cost of tuition, but after seeking wise counsel from many Full Sail’s students, admission counselors, and financial aid advisors, I was comfortable with the decision of looking at it as an investment. Full Sail University has placed me on the journey of starting my own entertainment company through the many courses in its curriculum. I don’t know about you, but starting a business can be very scary. There is the threat of failure, being sued, not being prepared, and a host of other fears.

            This intimidating feeling was all too familiar, so I had to seek the guidance from Frederick Livingston who is an entertainment lawyer in Detroit, Michigan. Mr. Livingston graduated from Wayne State University and started out as a personal injury lawyer. Being that he grew up around music his whole life, he decided to pursue entertainment law. Moreover, he was perturbed at the many frauds that would get over on people with true talent with phony deals. It is his duty at the Law Offices of Frederick V. Livingston to protect these individuals and provide a service that is of quality.

In regards to my business, Livingston advised me to file as a Limited Liability Company because of the high potential of being litigated. He states, “If you do not get sued, you’re not making money because no one is paying attention to you!” I was all right with not being sued, but there was some truth to the statement. This filing protects the owner from having his or her personal assets at risk during a lawsuit. Having a plan was crucial advice he gave me because doing entertainment full-time takes a while. Therefore, gaining experience by working for another entertainment company, interning, or doing entertainment business on the side was recommended. Mr. Livingston also touched on the point of imaging. You cannot charge top bucks for your services if you do not have the proper equipment to send documents or hold meetings with potential clients. Building relationships and trust as a brand is a much-needed aspect of my business. There should be no rush to get into this business without the proper timing and preparation. He often sees management companies entangled in misrepresentation, frustration of purpose, and breach of contract litigations. To avoid these liabilities, I must be able to perform all the duties stated in the contract. Many management contracts are oral, but he advises that every agreement be in writing to avoid the tedious task of proving an oral contract if the situations gets there.

This was the amazing advice Fred Livingston gave to me as I am in pursuance to own an entertainment company. He encourages each individual who wants to go into business in the industry to gain book knowledge. This aspect is important, but it will also give the person a firm foundation. Then match this knowledge with real-world experience.

           

Take It From Them

One of the most avoided subjects of the entertainment industry is LAW, but it is the most important concept to understand in order to survive a gruesome industry. Many artists have talents, but the individual later find themselves irrelevant in a couple of years due to the lack of legal knowledge that result in multi-million dollar lawsuits. We even see in articles that artists and musicians we look up to are caught in legal battles that seem senseless but are later lessons for all who are watching.  Take the legal woes of Drake, Beyoncé, and New Boyz to understand how agreements and copyright infringement can be a headache in the long run.

In the news, it has been reported that James Prince, the guy who discovered Drake, is suing Drake’s management team for money. Prince states he is owed money from a verbal agreement between him and Cortez Bryant. Prince is also asking the judge to stop the negotiations between Drake and his record label because it would hurt Drake financially in the long run. Prince teaches us a lesson that when we do business, we should always get agreements in writing. He could have avoided the legalities if the agreement was already put into writing and both parties had signed. However, we must understand that verbal agreements can uphold in court also. BE WISE and CAUTIOUS of the words you say.

Oftentimes, mainstream artists become a target for lucrative ventures because of the artist’s major following and the company’s ability to make millions of dollars. This is the case of Beyoncé and Gate Five who wanted to release a video game with Beyoncé’s dance moves. The deal was very lucrative for both parties, but in the middle of the agreement, Beyoncé requested more money from Gate Five. Since the company was not able to come up with the money, she pulled out of the deal. It was then reported that Beyonce’ was actually looking at doing business with another gaming company (EA Games) which was a breach of contract. Therefore, Gate Five is now suing her for damages and for the judge to release documents of conversations she had with other parties that could unfold her motive of leaving the deal. In this instance, Beyonce’ business ethics come into question. If an individual does not want to do business with a company, just say NO! Going behind the backs of people destroys trust and a good relationship. It is important to know as artists that your reputation follows you everywhere. Practice business ethics to ensure your practices are sound.

Lastly, the importance of research is key in this next case. Frequently, an artist comes up with a unique name, but they do not know someone else across the world thought of the same name. New Boyz is a Hip-Hop group who is being sued by a Christian group from Australia named Newsboys. Newsboys from Australia have been receiving bad reviews from followers who think they have been releasing vulgar music, which is actual music from New Boyz.  Therefore, Newsboys are suing for damages for lost revenue during the time this confusion happened. I feel that this is something that management and label’s lawyers should have researched before releasing music under this name. Cover the bases because being creative is not too common nowadays. However, I do not agree with the fact that Newsboys should get paid for loss of revenue because they are from Australia, but some type of statement needs to be made.

All in all, having legal knowledge of the business can save you trouble in the long run. Be proactive about your career and learn from these artists who are constantly in the media. Remember to get everything in writing, have good business practices and ethics, and RESEARCH information.

These Two Will Meet

Many aspiring artists and musicians dream of being the greatest at his or her gift, but unfortunately, it is not enough to just dream. It is common to hear opportunity will meet preparation, and those who are prepared receive major opportunities. Discipline and practice set apart artists who want to achieve the dream from those who just talk about the dream.  Oftentimes, many people quit his or her dream because it became too hard or it was not happening fast enough. Which one are you?

Artist House Music posted a video of a Loyola University professor interviewing Kirk Whalum who is a professional saxophone player. In the video “Constantly Improving your Craft as a Musician," Kirk shared how important it is to continuously improve your gift. Before Kirk became famous, he practiced every chance he received. One day, he received a call from a friend who played for Whitney Houston and asked him if he wanted to play for her as the saxophonist. This was an opportunity of a lifetime, and he did not let it pass him by. However, Kirk understood touring was not what he wanted to do for the rest of his life because it would not challenge his gift. Therefore, he went on to be a solo artist and became very successful.

As an artist or musician, take these key points into consideration:

1.     BE PREPARED: A musician or an artist should constantly practice everyday. Take vocal and instrumental lessons from professionals who can teach the individual the fundamentals of their instrument.

2.     STAY CURRENT: An artist NEVER stops learning his or her instrument. Every day the artist should research new music trends, artists, instrumentalists, and business practices in the industry.

3.     DON’T GET COMPLACENT: Always find the opportunity to try something new with your gift. If you are on tour, swallow the hard pill of quitting the tour and become a solo artist once you build a fan base.

Remember, OPPORTUNITY WILL MEET PREPARATION. Will you be ready?

A Manager's Dream

Talent is a key ingredient that catches the eye of many managers in the entertainment business, but this has proven not to be enough. Oftentimes, managers are looking for those artists who possess many talents that ultimately bring in multiple streams of income. With the recording industry experiencing a decline in CD sales, record labels are only interested in 360 artists where the label is able to make money from CD sales, touring, merchandising, and other aspects of the artist’s career.  

        Simeon Henderson is an artist who understands the importance of being multi-talented in the theater/film industries. He holds the title as an actor, director, producer, and author. In our conversation with him, he began to explain the importance of management and hard work to reach your dreams.

Mr. Simeon, could you talk about what you do in the entertainment industry?

In the entertainment industry, I am an actor, producer, director, and now I’m an author.

What are some of the shows you’ve been apart of?

I’ve associate produced several films which includes Tactical that went to Redbox and Blockbuster.  Also, Caught in the Game, Party Line and Comatose are among my other roles. I also produced several stage plays, and I’ve made appearances in Barbershop 2, Toured with Tyler Perry’s The Marriage Counselor, and I just recently filmed an episode for Season Two of Kelsey Grammar’s T.V. Series Boss. I’ve just been working and grinding.

In production, that is similar to being a manager. Oftentimes, people see the show but don’t see what goes on behind the scenes; can you tell us about being the producer?

I love being a producer; you have to make things happen. Pretty much, you’re making your dreams come true. It’s cool because you are directly involved in the creative process. I should say it’s like a woman being pregnant because she has to nurture the baby while in the stomach and when the baby grows up, she has to raise it up. Producing a project you get to watch it from conception, to birth, to growth, and I love being behind the scenes and making things happen. I love helping people make their dreams come true by working with music, acting in a movie, or stage plays. It’s also a must that you stay professional, you don’t have to be a jerk, but you have to be PROFESSIONAL.

In this industry, how important is it to have management?

It’s a necessary evil. When I say this, no one should be able to promote you better than you. You have to push your product and what you do. You need a manager because he or she can be the buffer. The people you don’t want to talk to, they can do it. It gives you a sense of relief because you don’t have to do everything yourself. Even I have a manager now, but I am still very hands on. If you don’t have a manager, you can work hard for yourself, and that makes people want to work with you.

You spoke about necessary evil, what tips do you give aspiring artists because there are some sneaky people in this industry?

Listen, find somebody that you can talk to, someone who can help, someone who has your best interest at heart. YOU MUST LISTEN and be willing to work hard. A lot of people are not willing to do that because they think they know everything. Listen to the people that have been there. I know you have to open your mind and work hard to persevere and you must have that tenacity and drive to be the best. But when you’re striving to be the best, you have to be humble, focused, grounded, and you have to keep your ears open. I remember when I was working on Barbershop II and I was a stand in. I got to do everything Kenan did first before he came on set. The director told me I was good and asked if I auditioned for this. The thing was is that I was so in tune and dedicated to it that it stood out.

You recently wrote a book, and it’s a manager’s dream to manage someone who has multiple talents. Can you tell me more about the book?

The book is out. It is called the Truth Series. I’ve always wanted to write a book and I wrote it. This one was for the people, but the next one will be for me. People often talk around things and talk about things to one another, but they don’t say it out loud. I wanted to give people an outlet and voice to say it, and do it anonymously. My pseudo name is William Truth, and they can go to www.williamtruth.com. You can see video trailers and voice over trailers to see how it’s done. It’s just one of those things that if you want to do something, you have to go for it and DO IT!

Deal or No Deal

Have you ever watched the television show, “Deal or No Deal”? This show was very interesting because it was such a gamble to choose a brief case, hope for small numbers, and wait for the negotiator’s offer. I could only imagine the nerves of the contestants. Similarly, negotiations for independent artists are a gamble because many record labels take risks with many artists who are unknown, similar to the briefcase. As artists, you must be able to negotiate deals with many of the bookers and promoters who will give you the opportunity to showcase your music.

Jeremy Swearin is all too familiar with negotiations as a booking manager at a record label in Houston, Texas. He was able to gain experience as a student at Full Sail University. We were able to sit down and ask Jeremy a few questions about negotiating.

In booking, how is negotiating associated with your job?

“My job as a booking agent is to make sure that we are looking for the best opportunities for our clients and the best exposure. So we look at the markets that are interested in booking them but also the places they’ve gone. We try to our booking form to get all details about event, what is being asked of us, and the budget. After gaining this information, it goes from there.”

Oftentimes, artists are expensive and people don’t want to pay the performer’s fee. What do you do to make sure the company comes out on top?

“Yes, one of our biggest problem is that the industry is so small. We often do customized price packages based on the information given. We then run into someone hearing about the price we charged another client. We let everyone know that each opportunity is different. We are a booking agent and management company, so we are looking out for the best interest of the artists.

Do you look for mutual benefits in most cases? Why or why not?

“It depends, if it is a promoter or an organizer who we’ve done consistent business with, we try to make sure that happens. Also it really depends upon the opportunity, especially if this opportunity can lead to another opportunity for our other clients.”

How do you deal with negative emotions?

“Well, it is a difficult subject because no one should discuss the contract since each opportunity is different as previously stated. For the most part, we are pretty consistent with our fees, and we don’t go down too much on the price. However, if a client is not getting much work, then there is flexibility in the price. I just try to explain to them in a calm manner that separates the people from the problem. If that doesn’t work, we have the upper hand because they are demanding our artists, and if the artist has a major following, then they are able to make greater demands than others. We also use objective criteria, but it really depends upon the present situation.”

Have you ever been caught in a negotiation when someone tried to use dirty tricks?

“We’ve had some, and we didn’t do business. I’ve had that happened to me recently. I’ve had promoters try to go through another booking agent and then come to me, and then try to under cut me. However, me and the other booking agent has a great relationship, so we talked. I’ve also had promoters who have tried to book our artist, not sign a contract to advertise, and destroyed the client’s name and brand. We call them out about it and don’t do business with them.”

How do you approach a negotiation?

“I’m doing both, looking for opportunities for artists and receive requests for the artists. If I am looking for an opportunity, I am pitching through a cold call. Our negotiations are built upon relationships, so I just call to see if any opportunities are available for the artists. If there are, then we go from there trusting that each one will do good business.”

We see firsthand that booking managers have a major job that requires much negotiation. These individuals are the first contact between the potential clients and record label. Mutual benefit, in some cases, is the main goal if it is beneficial for the company. However, status will play a major role because these individuals are calling the record label for the artist. Therefore, they can demand high prices without feeling bad if a negotiation does not go through. In the end, we learn that each negotiation is different and should be approached as such. Research your potential negotiator’s company and background to understand more about the negotiation on the table. 

Artist Management

Artist Management is a touchy subject many independent artists shy away from because it requires the artist to give up their rights of doing everything in their career. We often see up-and-coming artists being the manager, cd duplicator, engineer, marketer, and etc. Trusting a person with your career (life), is something that is not easy to take in because many questions arise: Are they honest? Are they experienced? What do I look for in a manager? These are some of the common questions that come to mind and are crucial in the process of selecting a manager.

Artist Manager Chris Ayears gives great insight on what skills you should look for in a manager as he explains his expertise of being in the music industry for many years. Ayears first started in the industry as an intern with Virgin Records in the radio department with Lou Calhoun. He soon figured out that he did not just want to do radio, but he fell in love with the process of getting records on the radio. Therefore, this led him to artist management. After being asked what interested him in artist management, he stated he was a behind the scene helper by nature. When he was young, his friends from the neighborhood established a rap group, and instead of being in the group, he wanted to be the manager. Keep in mind, he was only about 12 years old. Because of his efforts and minimal connections, the rap group was the first black crew on American Bandstand, which started giving them visibility. This sparked something on the inside of him.

Ayears stated that in management, you have to be a great listener because you have to listen to the artist and know the vision, and then take that, put it to paper and action. Also, the individual must be a major problem solver, negotiator, and salesman because you have to sale the artist. If the manager cannot sale you, he or she is not a great match for you. The manager should be the most knowledgeable person about the artist by knowing his or her strengths and weaknesses. Integrity is a major determining factor for a manger because in this industry, your word is BOND. Be really persistent because everything is not going to be easy, and success depends on the manager and artist’s determination.

What should an artist look for in artist manager?

Look for someone who is genuinely passionate about their project. They must have experience and know what they can do for the artist’s career. Examples should be presented of what they’ve done. The person must have a great reputation and be able to call people to be able to ask them how they do business. This person should be a hard worker who is willing to go the extra mile and stay up late, and really represent them. You want them to know more about the business more than the artist.

What are the biggest mistakes artists make in hiring a manager?

They just hire their friends or relatives or just someone who isn’t knowledgeable about the business.  When you hire a person close to you, the person is a YES person. You need someone who will tell you the truth and say NO. They become executive assistant. The manager must be strong enough to tell you about your career and make sure it is on the right path to GREATNESS.

How much should an artist manager be paid?

The industry standard range is 20%. The more established the artist, the lower the rate. If they come to you with 30% or 35%, YOU SHOULD RUN. 25% only comes when they are going to put money in your project, and should operate on a deescalating scale. Also, the person is very well connected and can get you out there by building you from the ground up.

What are some the greatest highlights of your career?

My greatest highlight was having Le’Andria Johnson say my name on the stage while receiving her Grammy. There was a lot of work put into it: airplanes, sound checks, early mornings, and etc. So, to hear my name was a great feeling. Also, having conversations with all the Music World artists Brian Courtney Wilson, Amber Bullock, Trin-i-tee 5:7 were great.

What encouraging words do you have to give to artists?

Artists, it is very important that you get a manager that you TRUST. Artists never let a manager outwork you. It’s your voice and livelihood. Managers just know that it is a blessing to manage a career. Don’t take it lightly. Learn everything there is to know about the artist and business. Subscribe to Digital Music News, Billboard, and know industry trends, no matter what industry. Always make connections and don’t be a tired worker. It’s great to mold an artist and bring the music to the masses. Take it seriously and have fun with it!!

A Great Resource

Education has become the center of national attention lately because employment opportunities are not available for recent college graduates. Not only do these individuals have an unusable degree, but also massive amounts of debt. According to the Associated Press, one of two college graduates is either unemployed or underemployed. Usually, people who only had a high school diploma were out of work, but in today’s economy, some college graduates are out of luck.

How does this information correlate with today’s independent artists? Many artists have a talent that is remarkable, but he or she lacks the business knowledge to secure legitimate deals that keep them with work. The artist, at the present moment, cannot afford a personal manager to negotiate deals, so he or she is forced to do the work alone. Because the artist has no work, then the individual accumulates debt that forces them to live in the car.

If an independent artist cannot afford to go to college or does not have the desire to, he or she can use Artist House Music as a tool to learn about the music industry. Here, many interviews with industry professionals are available for the artist to learn about current trends, how to market an album, legalities, and everything you need to know to succeed in the business. For instance, an artist wants to learn how to record music on Pro Tools. He or she can go onto Artist House Music and receive tutorials about the recording program. There are also other links to related articles based on the search results. This site is an aspiring artist, musician, or producer’s dream place of free information.

However, the ONLY downside to this website is that it has limited full videos available. When you are getting great information, the video cuts off as your write the new material. However, the many articles make up for the lack of longevity of the videos. Nevertheless, this site is one of the best instruments an independent artist can use to gain knowledge about the music industry. An artist increases his or her chances of being successful by gaining the necessary knowledge to negotiate deals and make hit songs at home. Without further due, go use this great resource!