Saturday, April 28, 2012

Forming A Rock Band


There are few things more thrilling than standing on a stage playing an instrument or singing your heart out, while watching the fans below having a great time.
Yes, starting a rock band can be a lot of fun AND it can be profitable, if you follow a few easy steps while getting started.
1. The first part is getting together a group of like-minded people who want to play music together. Make sure the other people have similar interests, morals and don't smell too bad. You will be spending a lot of time with them, so you should get a long well with each other or you'll be spending more time looking for replacements than you will playing music.
2. Once you have the people in place, you need to agree on a style of music to play. If you have a songwriter in the group, you'll want to play those "originals." These are songs you will own, record and sell. If no-one in the group is a songwriter, you'll be playing "covers". When starting a rock band this is how most begin. Covers are other people's music that you like on the radio or from a certain era, or genre. (80s, 90s, or Classic Rock, etc.) While you can have a lot of fun and make a good living just playing covers, the real money and "rock stardom" come from playing originals.


3. Next, you'll need to think about where you want to play. Wedding bands are mostly cover bands with a very wide variety of music styles. Since the band is not the star of the show (the bride is) they tend to be a little more subdued. If you want to play a lot of loud music with lots of stage antics, you'll be playing at clubs and theaters. Corporate gigs are great, since they can pay a lot of money, but they tend to best suited for established "show" bands, usually with a female singer or two.
4. OK, so you've got the band together, you've learned the songs, now you're ready to go right? Wrong! Starting a rock band also means starting your band promotion. Now is when you get ready to cash in on all the long hours you've spent learning your instrument and rehearsing with the band. This is where the band marketing and promotions come in. Think about the marketing of your band just like you would any other aspect of it. You wouldn't go on stage without your instruments, or a sound system, right? Well don't forget the marketing either.
Marketing Items You'll Need:
Band Name
Banner
Promo Kit (Online)
Web Site Auto Responder
5. Your band name will set the tone for your image. For example, if you are starting a rock band that is going to play heavy metal music, you'll probably want a name more like "The Devil Demons" rather than "The Cute, Fluffy Bunnies." Make sure your band looks and acts like your name name implies and relates to the music you play.
6. Get a banner made up at any local sign shop that you can hang up behind you wherever you play. I can't tell you how many bands I have seen and have no clue who they were because they didn't have a banner. This is no way to start a rock band. It's a way to guarantee you never play anywhere but your garage.
7. Next you'll need an online Promo Kit where you can store your band photos, demo music video of you playing, contact numbers etc.
8. Your web site should have info about the band, some sample photos, music demos, videos, etc. Be sure your phone number is there where someone can easily find it. VERY IMPORTANT - Be sue you have a place where someone can sign-up to be on your mailing list.


9. Which leads us to the Autoresponder. An Autoresponder creates a form on your web site so you can capture email addresses. It then stores them for you so you can automatically send out messages, or send them out whenever you want. This way your fans will know when and where you are playing. You can also send them notices of new music and merchandise you have for sale.
10. Be sure whenever/wherever you play that you have someone with a sign-up sheet getting people's email addresses. You will then enter them into your mailing list. I can't stress enough how important it is that you create this fan base. This element is one of the most important when starting a rock band. This list of people will be who you market your shows and recorded music to for a long as you want to make money with your music. Every show you do without getting these emails could be the difference between you becoming a hugely successful, professional musician, or just having a fun hobby.
Most aspiring musicians fail to succeed, not due to a lack of talent, but from a lack of knowing what to do. The difference between supporting yourself as a musician or having to live off macaroni and cheese is simply having the information you need, and then acting on it.
...............................................................................

If you have found this blog entry entertaining or informative why not subscribe to 
my Feedburner notifications? 
............................................................................... 


Related articles
Enhanced by Zemanta

Monday, April 2, 2012

Avoid Legal Disasters With Your Band

Singer of the finnish thrashmetal band Mokoma.Singer of the finnish thrashmetal band Mokoma. (Photo credit: Wikipedia)
Being in a band should  be fun. Most people who play do it because they have to; it is part of their soul. 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 too 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.
As an active musician and a lawyer, I see both sides of this. The fun, rewarding parts as well as the potentials for legal disaster if your band does not take the proper steps. These 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. Legal training teaches you to think in these terms. I can't help it. It is as much a part of me as the guitar licks on Dark Side of the Moon. 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.
Disaster Scenario
You have worked hard to put your band together. Over the past 4 years, you have had several changes in lineup. First you replaced the drummer that was late on every fill and had the personality of Eyore from Winnie the Poo. 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, Tom, the lead singer 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.
Toms has no insurance. Tom 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 Jim, 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. Jim is worth $10,000,000. Who do you suppose is going to pay the damages? Jim, who drank water all night.
The next thing that happens is that Jim 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, Jim's 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 got drunk and swerved in the oncoming lane on the way home from the gig.
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.

Enhanced by Zemanta