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I’ll admit it. After the years I spent studying Music Business in college and at conferences, I’ve learned a lot about the music industry…but not nearly as much as I’ve learned from actual first hand experience. As a professional, gigging musician for many years now, I’ve gone through plenty “you live, you learn” moments. I’d like to share one of the most important, even if you’ve already heard it a million times: Get it in writing.

Regardless of if it’s how much you’re agreeing to pay in the recording studio, details of compensation from a club or festival, licensing structures, etc.- Get it in writing.

It doesn’t matter how good of a friend you think your producer is, or how prestigious of an event it is you were just booked to play- Get it in writing.

This can be done several different ways, but they all have the same common goal- To protect you as the artist and to make sure everyone upholds their end of the deal, no matter how formal or informal. Signed, written contracts specifically detailing things out is one way to go. A simple time stamped email is another.

Let me give you an example. My band was booked to play a very well known, highly publicized event that has been established in the U.S. for decades. Television shows have done specials on this event, and they book huge headliners (anyone ever heard of any artists named George Clinton, Black Eyed Peas, or Snoop Dog?). What I’m getting at is…it’s a reputable event.

When speaking with the promoter, we worked out the compensation, hotels, hospitality, and equipment over the phone. I wrote everything down, and we shared a few emails after. My biggest mistake: Not getting the specific details down in writing from him.

We did the event, had a blast, gave a great performance, and would absolutely do it again. BUT…nobody knew who was responsible for providing us with the aforementioned compensation after the event. After that weekend, I called the promoter to ask about it. No response. Gave it a polite week before checking in again. No response. In the end, it took over seven months of persistent phone calls, emails, faxes, and eventually two letters from a lawyer to actually get paid.

Yes, we were finally compensated and even received a very kind apology. But in the end, we were lucky.  If an artist finds themselves in a similar situation and takes the offending party to court, but has no written or recorded verbal contract outlining how, when and what they are to be paid, they’ll have great difficulty proving their case.

You don’t necessarily need a ten page contract for everything.  Here are a few examples:

• Write a quick summary email bullet-pointing the details of the gig and asking the promoter to confirm that everything is correct.  Save their response, and bring a printed out copy with you to the gig.  The same can be applied to Instant Messages and Social Networking correspondence (Facebook, Myspace, LinkedIn, etc.).

•  Most cell phones, office lines, and even home phone services have a “record” feature available now on them.  Record your conversation with the booking agent or promoter when discussing dates, compensation, hospitality, etc.  A verbal contract is just as legal as a written one.

•  Save any voicemails from the event or company stating details of the gig.

•  Save any contracts anyone ever makes you sign.  Ever.  Save and organize them- they may prove very useful even after the event.

These can be applied not just to live performance opportunities but any business correspondence for an artist. Long story not so short, I could have saved myself some strife and a couple fees to a lawyer. Do yourself a favor- Get it in writing.

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5 Responses to “Get It In Writing”
 

This is so true.

Even if you are working with friends, it is always best to get things in writing.

I think a lot of musicians, having more laid back attitudes and whatnot, really don’t get on this as much as they should.

It often takes getting screwed to realize that it is a must.

I really like the idea of recording your conversations with booking and promoters, or anyone music related when working out agreements.

Do you have any specific resources on how to do this? Or maybe show us how to set up something with our providers?

Thanks!

Jeff F wrote on September 15th, 2008 at 5:46 pm

 

Hey Jeff,

Great question! I did a little research for you guys and found a few resources:

-Many cell phones offer Voice Memos, where you can record a message to yourself. Most allow you to create a voice memo during a phone conversation. Check out your phone’s features for more info.

-Affordable software ($30 or so) for setting up your computer to record phone calls is available at http://www.nch.com.au/software/callrec.html

-Personal tools for recording VoIP calls- http://voip.about.com/od/voipcallrecording/a/PerCallRecTools.htm

-Lastly, I should point out that there are definitely laws associated with recording your telephone calls. If you’re going to record a conversation, politely tell the other party that you like to keep a copy of the conversation just to keep the details straight. If they have an issue with this, legally you’ll need to cooperate with their wishes (though if everything is copacetic, they shouldn’t have an issue, right?). Please take a look at http://www.callcorder.com/phone-recording-law-america.htm

Jenny Langer wrote on September 16th, 2008 at 10:41 am

 

I’m glad that somebody knows what they are doin. It seems that when a serious person comes along to a talented person it would seem likely they team up right? Wrong. Most musicians want to “Put their city on the map” so to speak, and aren’t aware of the advantages of teamwork.

Wade Bassford wrote on October 2nd, 2008 at 9:01 pm

 

Really, get it in writing. Talking from experience we got together with friends and recorded an album. We “verbally” agreed that I will pay the production costs and they will pay for all post production costs. When we finished recording they said thy do not have money so the project was put on hold.
Well, realizing that I wasted my money I decided to proceed with the release of that album and the pirated it citing that it is also their product. My only regret was that I did not write our agreement down. I learned a great deal from such verbal agreement.

Tshidino Ndou wrote on October 10th, 2008 at 8:06 am

 

I like your article very much! This stands so true in the music business today. If you don’t signatures on written paper contract, you’ll be so sorry later on.

I’ve always required all my artists to sign contracts. it’s been a pretty good deal. It keeps both side happy and it really helps business go quite smoothly.

Airomee Wind wrote on October 10th, 2008 at 3:08 pm

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