Jim Morrison Rules from the Grave

31 08 2008
The Doors in happier times
The Doors are music legends; rock n’ roll hall of famers. They were led by iconic front man Jim Morrison who’s powerful voice and drug induced escapades marked an amazing, albeit brief, run as one of rock’s biggest bands. So why am I writing about Jim and The Doors now? Because their 1970 band member agreement is still controlling the lives of the three living members.

A recent lawsuit between John Densmore (drummer) and the parents of Morrison on one side and Ray Manzarek (keyboards) and Robbie Krieger (guitar) on the other, was just recently put to rest. The California Supreme Court refused to hear an appeal filed by Krieger and Manzarek thereby upholding a $5 million dollar ruling against them and in favor of Densmore and Morrison’s family.

Krieger and Manzarek wanted to go on a revival tour in 2003 but Densmore declined the offer citing his past promises to Morrison and his opinion that The Doors cannot be The Doors without Morrison. Densmore compromised and allowed his two former band mates to tour under the new name “The Doors of the 21st Century”. However, once Manzarek and Krieger hit the road, “the 21st Century” was only seen in small print and it was clear that the two were attempting to capitalize on the fame and notoriety of their former band. (To find out more about the case go to http://news.findlaw.com/ap/e/1403/08-22-2008/20080822023504_40.html)

Through the power of the 1970 band member agreement, Densmore and Morrison’s family successfully sued Manzarek and Krieger. The agreement states that any business deal offered to the band requires the permission of all four bandmates; a vote against by one means a vote against by all. Depending on which side of the case one was on, this provision was either brilliant or shortsighted. Densmore’s probable argument is that the band had the foresight to include this type of strict consent requirement to preserve the image and brand name of the band. While Manzarek’s and Krieger’s likely stance is that the provision was meant for a different time and a different place.

A unanimous consent provision is rarely seen in today’s band member agreements, but is, at times, still appropriate. What may have saved the day for the Doors and avoided this type of nasty and expensive lawsuit was to also include an amendment provision which would allow the remaining band members to amend the band member agreement by a vote of the majority of the then living band members.

If you feel like your band and your band mates are all on equal footing, this type of provision may be the right move. Just like life, contracts should be fluid. Maybe unanimous consent is the right call now, but give yourself a chance to change things around when your band changes (somebody leaves, you bring on a new member, etc.). Again, these are not fun things to think about, but look at The Doors, more than 35 years after their last major album release, the band is still utilizing their band member agreement.

Best Band Name Competition Week 2:

Last week’s competition was a bit off. Perhaps because last week’s nominee wasn’t really a band name or perhaps because I creeped too many people out who actually checked out the Exotic Men of Mystery’s webpage. Not really sure. Here’s a better one; straight forward, evokes a joyful and funny image and near and dear to my heart:

THE NERD PARADE. (its best to picture it, makes the name much better)

Check them out: www.myspace.com/thenerdparade





Tax Write Offs and Excellent Band Names (sort of)

23 08 2008

There is something that our benevolent government enacted entitled the American Jobs Creation Act of 2004 (see: http://www.irs.gov/pub/irs-regs/11540305.pdf for text of the important section of the AJCA). Section 181 of the act is all that a musician, a film maker, a video producer or a really rich person with too much in the way of “passive income” should worry about.

This tax break, which is set to expire at the end of 2008, allows someone who spends money to produce a movie, a music video, a webisode or Internet production to deduct every dollar spent against his or her personal income. In plain English: If you spend $100 to make a music video or maybe to make a video journal of your tour, that $100 can be used as a deduction against your income for the year.

This not only helps out musicians looking to make videos themselves, but is a really good way to get your dad or your rich great uncle to pony up some cash to make the video really pop. The tax credit applies to money spent on the production and post-production work (editing, mixing, sound, etc.). Rather than letting a label put you deeper in the whole by setting up a crazy video with Maserati’s, a mansion, live leopards and 30 video hos thereby putting you $100,000 further into the hole; get some people with money together and try to explain this tax break. Better yet, have me try to explain the tax break to the rich people (they tend to need lawyers more often than musicians).

Now for a new section of the L4M blog. I don’t really know who reads my blog, but I have a feeling a lot of the time it comes off a bit depressing what with all the ripping on the music industry and legal crap artists have to deal with on a daily basis. Hopefully you realize that I’m trying to help musicians treat their art as a business so that they don’t get hosed. Anyway, (there I go again), I want to pay homage to the best band names (active bands only) that I have come across. Your submissions are welcome and encouraged. If your band has an especially awesome name, I will link to it and your music (if you want).
This blog’s winner was (emphasis on was) going to go to the Exotic Men of Magic. They were on the marquee at a local rock bar, the Double Door (www.doubledoor.com) which has a solid reputation in Chicago for featuring a good mix of musicians. My wife and I noticed the name and immediately thought it was simultaneously a hilarious and yet intriguing name. Why are they exotic and do they perform magic whilst they rock? I figured they were a classic rock type band hearkening back to the likes of Led Zeppelin and Iron Maiden with perhaps a Tenacious D comedy twist. Man was I wrong. At your own risk, check out www.exoticmenofmagic.com. NOT A ROCK BAND. I imagine there were a few confused people at that show. So they are not the official winner, but a good conversation starter nonetheless.
Any nominees of your own?




Where are the Managers?

14 08 2008

Over the past several weeks I have had numerous musicians ask me if I could recommend a good manager. While I do know a bunch of qualified people who are currently managing bands, it is abundantly clear that there is a lack of skilled people to help artists out with day to day management. But, do you really need a manager and if you do, where are you going to find the right fit?

In a perfect world every musician has the time and money to do nothing but write and perform her music. Unfortunately, more often than not realities like rent and food get in the way of creative expression. So this is what I have found to be the normal pattern of musicians who are starting out: they work either a full time or part time job, attempt to get their own gigs at night, create catchy posts on their myspace page while at work, eat one meal a day, and try to write new songs at around 3 am. Sound about right?

What musicians find is similar to entrepreneurs operating more traditional businesses: there isn’t enough time in the day and there is too much work for just one person.

www.thesun.co.uk/…/news/article380311.ece

I don’t have a quick fix for this dilemma. You are struggling to do something for one of two reasons, A. you are a masochist or B. you love making music. Granted, most musicians are a combination of A and B, artists generally struggle so mightily for the love of their art. The struggle, if done in the right manner, can lead to marginal success. The problem, and thus the potential need for a manager (and the reason for the title of this post) is what to do when the artist fails or does not know how to capitalize on this success.

When an artist builds a buzz by herself and is able to get music produced and shows booked, the struggle takes on a whole new level. Artists who come into my office are usually at this point. They have been approached by a label or they have a potential license deal or maybe they are attempting to put together a summer tour. Their problems of creating music have now escalated into the need for management of a career. A good manager may be the answer.

Managers come in all shapes and sizes. There are huge management companies, see Crush Management, and their are the friend-turned-manager type. The danger for the artist is that the big management companies sometimes fail to pay attention to a band unless it has a top forty song while the former friend manager may not know what the hell he is doing. That is why finding a good manager that fits your needs is not often the easiest thing to do.

If you are at the point where you A. really need help with booking shows, organizing a tour, coming up with marketing, licensing and branding ideas for your band and B. can afford to pay someone around 20% of everything you make, you need to do a lot of due diligence before you hire your manager. If you aren’t at this point yet, you need to continue the independent struggle. If you are a band, divvy up the responsibilities. If you are a solo artist, ask your parents or siblings for help (or sleep even less). If you can answer yes to both A and B, then you should start interviewing managers.

There is nothing wrong with hiring a friend, if that friend has some business skills, is good with people, is tough enough not to back down from shady promoters, club owners and label execs. Talk to your friends who have already hired a manager; network to find the right fit for you. You need to vibe with the person and share a similar vision for where your music should be.

Finally, put your relationship with your manager down in writing. Even if you are friends, you want to be able to go back to a piece of paper to determine what is owed and what is not rather than try to remember what you agreed to after 11 PBRs. Contracts are important, especially in the early stages of relationships. Just ask Paul McCartney’s wife (that was a lame pre-nup joke, sorry).








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