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What Is a
Manager
and How Do I Get One?
The term "manager" does not have a precise definition in the
music industry. A manager can range from a friend who helps book shows
for you, to a corporation that handles dozens of artists. This column
will focus on professional managers.
A manager is someone who takes an interest in an artist's career and
invests his or her time and energy in helping the artist succeed. The
duties of managers are rather ambiguous. They include counselling the
artist as to all aspects of the entertainment industry including record
companies, advertizing and merchandising. Overall, a manger is your link
to the entertainment industry. He will advise you as to standard
practices, reputations, etc.. Therefore, it is of the utmost importance
to get a manager who knows what she is doing. Since the manager will be
getting a percentage of your income, be sure you get what you pay for.
Some managers will sign you up for a percentage of income and sit back
and do very little and wait for the band to hit it on their own.
There are various things you should look for in a manager. First, make
sure you like the manager personally. You will have more contact with
your manager than with anyone else. If you don't get along, don't feel
comfortable or trust him, don't hire him as your manager. Second, make
sure the person respects your music and your abilities as an artist.
Your manager should be your biggest fan and supporter. Third, check out
the person's reputation. Call people in the industry and ask what the
manager's reputation is in the entertainment community. Remember, this
person will be representing you, you don't want someone who is generally
viewed as a jerk as your representative. Finally, find out if the
manager has contacts in the record industry. If you are desperate, you
can ignore the previously mentioned three criteria if the manager can
secure you a record deal. There are some people who have incredible
contacts. However, be forewarned, my experience has shown that managers
talk a good talk about industry "contacts" but seldom deliver.
Therefore, I would stick with the first three criteria as paramount. If
someone says they can get you a record deal, allow them to
"shop" your tape non-exclusively, but don't let them be your
manager.
Most professional managers will present you with a contract to sign.
Like any music contract, have someone who knows the industry look it
over for you. There are generally accepted terms in manager's contracts
and there are people who try to take advantage of a band's naivete. The
best managers, i.e. professional, will hand you a fair contract. A fair
contract is for a term of 3 years with an option period and 15-20% of
the artists' total income. A fair contract will also have escape clauses
for the artist such as, "if manager fails to secure a record
contract within one year, contract is void," or "if artists'
gross income fails to reach $X in the second year, artist may terminate
this contract." A professional manager will agree to these type of
provisions. An unscrupulous manager will take a large percentage, do
little work, and not allow the artist to get out of the contract.
Most managers will demand (and get) power of attorney for the band. This
means that the manager can sign his name and bind the band as if they
signed themselves. This power is important, but once again, you must be
able to trust your manager. You should specifically list what power the
manager has to bind the band. It is advisable to limit his authority to
spend your money to a specific amount. For instance, you may chose to
give the manager power of attorney to spend under $200, but for amounts
over that, he must consult with the band. There are infinite
combinations, but the possibility for abuse is clear without these
limitations.
The final issue in management contracts is that of assignability. Beware
the contract that states that the manager has the power to assign his
rights under the contract. This means that the manager can give her
management rights to another person. This clause completely defeats all
my criteria for selecting a manager. If you picked your manager based on
my criteria, why allow the manager an opportunity to get out of the job
of managing you and appoint someone else in his place? Insist that the
manager not be allowed to assign the contract. A scrupulous manager will
agree to this. She will either be with the band for the long haul or not
at all.
Unfortunately, there are no easy answers to the question, "how do I
get a manager?". Finding a manager can be as difficult as getting a
record contract. In fact, a first step to getting a record contract is
getting a manager. It is a classic Catch 22 situation. Here are a few
suggestions. First, network among entertainment industry professionals.
Get to meet the bar owners, the recording studio owners, journalists,
and do I dare say, lawyers. Word of mouth and personal salesmanship is
the best route in the entertainment industry. You should also pursue a
manager as you would a record company; send your tape, invite them to
your shows, send publicity, etc.. There are a couple of good resources
that list managers. Try the Yellow Pages of Rock, Recording Industry
Sourcebook and Billboard Buyers' Guides. Even if a manager says,
"solicited material only," send your tape anyway. This
standard warning serves to lessen the number of tapes one has to listen
to and chances are they will listen to everything they receive.
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Michael McCready represents clients in all areas of the music industry
including music, radio, television, stage, and book publishing. His
music law practice includes representing bands, record labels,
production companies, recording studios, promoters, and music
publishers. His work includes copyrights, analyzing and drafting
contracts, trademarks, publishing, and litigation.
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