Don't Fight The Law

If you ask anyone who has been or still is in a band, the'll instantly tell you how much fun it is. I record as a solo artist and play all intruments (vocals included) These days I do it because I have to. I find writing, recording and producing exhilarating. A 'conventional' band on the other hand pose a totaly different set of variables into the equation. What musicians need to know is that the band business is full of potential legal liability. Very few people see it that way, but they should. A band usually travels, it owns heavy electricity based gear and lights; much of which is very expensive. The band relies on as many people as possible coming to one place to see them if they want to succeed. A lot of the places that bands hang out serve alcohol and people are there to let loose, party,and have a good time.


The fun, rewarding parts as well as the potentials for legal disaster if your band manager does not take the proper steps pretty-well nulify each other. The potential disaster scenarios are present regardless of whether you are a small startup band playing in the bottom tier clubs or parties or have gained some popularity and are playing larger venues or the big stage.


There are many disaster scenarios. This is where band managers step in. They should have multiple 'escape plans' in place on the likelihood of pretty-well anything going pear-shaped for your band. Here is just one such disaster scenario that I think everyone who has ever played in a band will realize is not at all far-fetched. There are many others, but here is one.


Here's the disaster scenario:


You have worked hard to put your band together. Over the past few years, you have had several changes in lineup. First you replaced the drummer that was late on every fill and had the personality of Gumby. Then you vocalists' wife was jealous and you ended up replacing him. The lead guitarist had a huge ego and was messing up the vibe. This story of building a band are common. We have all been there.


Now, finally, you have a cookin' band. Your summer is looking great: all festival dates, even a couple of big backup dates. The band is cookin'. You have hit your stride. Success is coming, you can feel it.

One night, you are playing one of the old clubs that you started out in, more or less for nostalgia but certainly not for the money. A couple of the members decide to make a party of it. These are old friends there and they keep buying drinks for the band. By the end of the night, a couple of the members are pretty lit up. After the gig, the lead singer (We'll call him Charlie), gets in his car to drive to an after bar party. On the way there he swerves into the coming lane and runs head on into another vehicle. He has no insurance. Charlie has no assets. His only income comes from the band. The other car involved files a lawsuit. Who are they going to sue?


If you have not organized your band through an official corporate or LLC entity, every member in the band is likely to be sued. The law is likely to deem you to be a partnership. Every partner is jointly and severally liable for all damages caused by other partners. That means everyone is potentially responsible for the full extent of the damages.


Now let's say the drummer, let's call him Adam, has a great job. He has amassed a ton of money in the bank and investments. He owns a million dollar home where the band rehearses in his plush rehearsal room. He owns multiple businesses. He is set.


The lawsuit comes up and finds that the singer was responsible for causing the accident. 100 % responsible. Each member of the band is joined as a party because there was no legal entity formed for the band. The band members filed a motion to dismiss early on in the lawsuit claiming that the singer was not acting within the scope of the business of the band. The court rules that he was acting within the scope of band business at the time of the accident. He was leaving a band show.


Damages come down at $5,000,000. Each partner is liable for the full $5,000,000 under joint and several liability principles. There is no insurance. Everyone except Jim is poor. Adam is worth $10,000,000. Who do you suppose is going to pay the damages? Adam, who drank water all night.


The next thing that happens is that Adam gets summons to appear at a supplemental collections hearing where the other side asks him questions, under penalty of perjury, about what he owns, what he is worth, where his assets are etc.

The next thing you know, Adams house is attached. His wages are garnished. Someone comes and gets his boat. All sorts of things start happening in Jim's life. All because he played in the band where the singer, who no-one knew was battling alcoholism, got drunk and swerved in the oncoming lane on the way home from the gig. The guy is plainly more of an alcoholic than he is a rock star like Eric Clapton.


A lot of bands are pretty apathetic about their business structure. They go to gigs, collect cash and split it up at the end of the night. They give very little thought of legal liability or protection of assets.


So the lesson here is, if you are in a band do not assume that you are immune from possible liability just because you have not yet "made it" or you are just doing it on the side. The band business is filled with possible legal issues, regardless of the size or success of the band. You need to take the appropriate legal steps to protect yourself and your assets from exposure to these risks.

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Only Rock and Roll

Rock and Roll is an exciting and highly admired genre of popular music which mainly appeals to the young generation....but not exclusively. This extremely popular form of music has attained great recognition and adulation amongst the music lovers for several decades. The most admirable aspect of this genre is its variety and unique style. This form uses several high tech instruments which give an attractive and interesting appeal to it. It can....and does....incorporate a vast array of instruments like synthesizers, mouth organ and piano etc. It also utilises instruments most commonly associated with the genre' such as the electric guitar, bass guitar and drums. Rock and Roll is the modern and advanced form of music that is comparatively faster and louder than the conventional genres like classic and folk. It gives the artists a liberty to experiment with variety of styles and express themselves with freedom. The soul of rock is the rock band or the group of musicians and singers who collectively play the songs.

The youth go crazy for this form of music; they are ardent fans of the various rock stars like Robbie Williams, Metallica Lady Ga Ga and more recently, young Justin Beiber. Many rock albums take you through the various aspects and emotions of life. The two that spring instantly to mind are Bob Dylans "Together Through Life" and The Rolling Stones "A Bigger Bang." Although not necessarily ranked as their best, they most certainly cover the widest array of emotions. The words of the songs simply enthrall the senses and thrill the listeners. In this kind of music the prominent vocal melody is accompanied with harder instrumental sounds such as a distorted guitar sound and more prominent bass guitar and drum sound, with keyboards acting mote as a backround 'fill.'

Rock music evolved around 1940's and 1950's. This genre is highly influenced by the country music and blues which were very popular around that time. This style was basically a blue-based song with fast and peppy dance tracks. One can find the classic albums on various online music stores. You can search top rock music albums on the internet.


Rock and Roll reached great heights with several amazing rock stars that awed the audiences with amazing performances. Elvis Presley is the most admired and popular artist in the world of rock; his unique style, classic dance movements and incredible songs entertained the music lovers. The Beatles are the most famous and highly applauded rock band. They had, by far, the most numbers of the chart topping hits in their time.


Eventually by the early 1970s the various rock bands emerged which were famous amongst the music lovers at that time. The bands from United States and Britain began to become immensely popular. Some of the most famous bands were Black Sabbath, Alice Cooper, New York Dolls Queen and Judas Priest as the decade progressed.

By the 1980s a 'fresher' style of rock bands began to make waves in the rock music world. Bon Jovi, New York Dolls, Sweet, Guns and Roses, Twisted Sister and Kiss were the several most popular artistes of the 1980's. In the 1990's Rock soared new heights with emergence of some highly commendable forms like Grunge. This popular genre was associated with the fusion of various elements like hardcore punk and heavy metal sound to give amazingly enthralling melodies. The lyrics of the songs focused on the themes of social concern like entrapment and alienation. Many youngsters found this appealing and yet Bob Dylan had been conveying similar messages back in the early 1960s using only his voice and an acoustic guitar initially. The Grudge had heavy and loud tunes with extensive use of guitar and fuzz. Several famous bands like Alice in Chains, Candlebox and Soundgarden, gained a wide audience applause and appreciation.


The Britpop and Indie Pop were few forms that gained immense adulation in the 1990's. In the 2000 several new styles of pop gained recognition and flourished with great adulation. Garage rock, Emo and Metal core are the most admired sub genres of rock. Various rock bands like the White Stripes, The Vines and The Strokes came with some thrilling and happening albums. These are very famous CD rock music hits.


With the emergence of MTV rock gained immense hype and recognition. Internet further enhanced the growth of this unique genre. The highly popular rock music CDs are available on the internet, you can easily find your favourite DVD for rock music on various websites.


I sometimes wonder what the future holds for rock music; particularly for the independent musician....but I don't wonder for too long. I just get on with it.

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Musicians, Music And Money

An industry that was once top-heavy with ultra successful millionaire rockstars is quickly changing. The slow death of the traditional record label is proof of this phenomenon. Once again, the internet has revolutionized an industry and leveled the playing field for all talent. No longer do you have to jump each time you hear label scouts may be in the area. The record label is no longer useful to an artist, as the internet has destroyed their competitive advantage of worldwide distribution.

Independent musicians, this is your time time to shine and profit. Believe it or not, you can still make a nice profit from your music. Record sales are dropping like a rock, so how are you supposed to make any money? A successful approach should be at least four pronged and should include CD's (I know I just slammed this medium, but it still has a few years left), digital music sales, ad supported downloads, and live show promotion.

There is no reason you should ignore CD's just yet. There are still a few people who have not yet accepted the digital music revolution and still like a tangible product. These are the same people who like to print everything, just in case their computer crashes and all of the web servers and backup media somehow crash or disappear too. Old habits die hard, I suppose.

Digital music is clearly being accepted as a primary mode of distribution today. In fact, 2008 saw sales surpass 1 billion songs. PC's, Laptops, and most phones can now be used to download music, making it that much more convenient to purchase a song. Fans at a live show can purchase a song on their phone without even leaving their seat.

Ad supported music is trying to catch on but it's having a hard time in this rough economy. It is the most logical next step for music. It is apparently very difficult to sell digital music, as services such as Limeware illegally make it available for free. So if you can't sell the music, sell the attention that your music garners. Companies are always trying to get inside the heads of consumers. Music makes targeting a specific market possible, as artists often attract only certain demographics. While websites that have attempted this approach have had limited success, there is nothing stopping you from going out and selling advertising in your community. Add advertisements to your banner or your promotional materials.

Finally, if you can't sell your music to make money, use it as a promotional tool. Give snippets away to attract people to your shows. If you're a new and upcoming band, most people have probably not heard you, and will probably not buy your music or attend your shows until they do. The internet provides free worldwide distribution, so make your best songs available to download for free and let them spread like wildfire.

The music industry is quickly changing, but that doesn't mean musicians can't still make a living from their art. It simply takes a little more creativity now.

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