Music Attorney Ron Bienstock (Goo Goo Dolls, Billy Joel, etc.) answers your Biz/Legal questions including: "What percentage should I expect to receive once I sign with a major label?", "How do I get into artist management?", "When do I need an attorney for my band?" and much more!

* Terms of Use: This column and the information contained within is presented to our readers as a reference tool. The short answers given to these questions are not intended to constitute full and complete "legal advice." The answers given here do not constitute an attorney/client relationship. Getsigned.com will not be responsible or liable for any damages arising from the information posted here. We strongly advise setting up an appointment with Mr. Bienstock to discuss your problems in more detail. He can be reached via his website at www.musicesq.com

Q: Hi Ron, I am a college student, with a major in music business. I was looking into artist management, but I have no idea where to start once I graduate college. Any tips on where to start out in that kind of career? Any help would be greatly appreciated. ---Thank you, Tabitha

A: Tabitha:

Several schools such as NYU have graduate degrees in music and media management (I know - I lecture there!). Internships at management companies and/or record companies are excellent ways to be around the business. You can also check out the Getsigned.com bookstore for the latest "how-to" books & DVDs on artist management. You really don't need to go to school to get into artist management--just need the focus, drive and commitment to succeed. Where to start? Why not take on a client or two in your area. You'll get plenty of real world experience that way. There'll be bumps along the way, but that's how you learn. Typically, managers take 15-25% commission on gross receipts. That means you take your cut "off the top"--before expenses. Good luck in your new career!

Q: I'm about to get a deal with an independent label who has distribution with WEA and they want to give me 25% of the record sales. How does that compare to average contracts and is this a good deal? --Thanks, R.R.

A: R.R.,

I hope you are not negotiating this deal yourself! As to your specific question, 25% of retail, wholesale, P.P.D, etc....? US major label agreements generally are based on retail (Sony is wholesale, sometimes Capitol is, too). The "average" deal is 13% to 14% of retail with industry standard deductions such as free goods, etc.

Q: At what point in a new songwriter's career should she get an attorney--and how in the world do you pick one? --Thanks, Sandy

A: Sandy:

A good time is when you think you are ready to pursue a career in the music business. Learn the "ropes" now from an experienced person you trust. Trust is how you pick the attorney to work with. Look for experience and someone willing to talk to you, albeit for a fee (sounds like psychiatry). Again, speak to as many attorneys as you can and pick someone based on experience and trust. The Music Business Registry publishes an Attorney Registry which lists all music business attorneys (including the services they provide), direct dial phone and fax numbers, e-mail addresses and website URLs as well as the Legal and Business Affairs personnel at all of the record labels, music publishers, film studios and television network music departments. You may want to check there to find an experienced music attorney in your area.

Q:  Dear Ron--I have a record that was recorded years ago by a record company. This Master was used in a movie and also on a TV series many times. My contract says nothing about movies or TV use--the only thing the contract says is "only records sales for royalties to be paid to artist."  Am I out of luck as far as what this contract says? --Thank you, Nick

A: Hi, Nick:

Were you a co-writer? If so, that is probably the more important question, as the income from the publishing is more likely to be available either through performance royalties or synchronization licenses. As to the master usage - you were probably un-recouped - and we would have to see the relevant provisions to render any further analysis.

Best Regards,
Ronald S. Bienstock, ESQ.
 

This e-mail address is being protected from spam bots, you need JavaScript enabled to view it  Website Back	Attorney Ron Bienstock
	Ronald S. Bienstock is Senior Partner at Bienstock & Michael, P.C. in New York City. Ron received his J.D. from California Western School of Law in 1981. He is admitted to practice in New York, New Jersey, and Washington State. Ron was editor-in-chief and publisher of International Musician & Recording World and was general counsel to Hoshino, U.S.A., manufacturer of Ibanez Guitars, Electronics, and Tama Drums. In 1991, Ron was voted as one of the top 100 "Most Influential People in the Music Business", by BAM Magazine. Recently, Ron has been music business commentator for CNN and has been a guest lecturer at New York University, Benjamin Cardozo School of Law, and Quinnipiac School of Law. Ron has been published in the New York Law Journal, New York State Bar Association Entertainment, Arts, and Sports Law Journal, and has contributed to Getsigned.com since 1998. A performing and recording musician for over 25 years, Ron continues to perform and record with his band, "The Suits", who's debut LP on Viceroy Records secured them appearances on Late Night with Conan O'Brien and CNBC. Ron is also Co-Chair of the NYSBA committee on the recording industry and the Internet. Ron has scored and composed for off-broadway, film and tv including the 100th anniversary of the Dodgers video and the award winning play "Two" by Romulus Linney. He and his firm have proudly represented Getsigned.com, Inc. since 1998.
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Comments (2)

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Dear Ron,
I was just wondering how do most bands get record deals? And would sending in your music to a record label help you get discovered?

Jonathan , July 29, 2010

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Publishing Deal?

Hi I have heard of bands who gets advanced of 250k and on top of that they also signed 1 Million dollar Publishing Deal with EMI

Does that mean it will be the Songwriter of the band that will sign for that particular Publishing deal assuming there is only one songwriter?

Please enlightened.

burp , November 05, 2009

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