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Making a Demo Tape


10 Reasons Why Most Demo Recordings are Rejected
by Christopher Knab - Fourfront Media & Music - July 2003

"Getting a deal" has long been the goal of many would-be artists and bands.
 For mostly naive reasons, most new talent feel that by securing a recording contract
 with a significant major or independent label, success will be guaranteed. (talk about naivete).
 To get this 'belief system' up and running, many musicians figure all they have to do is send
 off their music to a label, and a recording contract will come their way shortly.

The following list of '10 Reasons Why Demo Are Rejected' was gathered together
 after years of listening to comments made by Record Label A&R reps at music industry
conferences and workshops; as well as from personal interviews with reps, and from many
 interviews A&R reps have given to the press. In addition, I can verify that these observations
 as true, from having personally listened to thousands of demos over the years.

The purpose of providing you with this information is to at least improve the odds that
 your music will get listened to when you submit your demos. This list will look at the
 most common mistakes musicians make when either shopping for a record deal, or trying
 to get the attention of A&R Reps with their demo recordings.

10 Reasons Demos are Rejected:

1. No Contact Information on CDR and/or CDR container
(put your name, address, email, and phone number on both)
2. Lack of Originality
(just because you can record, doesn't mean your music is worth recording)
3. The Music Is Good, But The Artist Doesn't Play Live
( this applies to all genres of music except electroninca and experimental music)
4. Poorly Recorded Material
( So you bought ProTools....so what!)
5. Best songs are not identified or highlighted on the CDR
( give the folks a break, for demos-send only 3 or 4 songs and highlight the best ones)
6. Sending Videos In Place Of CDRs
( keep it simple, in the demo mode, all anyone wants is to check out your songwriting and musicianship)
7. Sending Unsolicited Recordings
(you sent them, but they never asked for them)
8. Sending The Wrong Music To The Wrong Label
(you didn't do your research to find out what labels put out what kind of music)
9. Musicians Can't Play Their Instruments Competently
(this is so basic, but you would be astounded at how incompetant most start-up musicians are)
10. The Music Sucks
( this criticism is as old as music itself. you may think your music is the greatest
thing since frappacinos, but most demo recordings the industry receives are as bad as the
 first round contestants on American Idol) 
 

 


How to make a demo!

I'm going to tell you the basics of how to create your own demo tape, things you should
consider, like track length, how many tracks to use, and what to do about your demo cover.
these are a few pointers that will put you ahead of the game when competing against the
thousands of striving musicians for gig's and record deals.

Time Record label executives receive thousands of demos, and don't have time to listen
to a full 12 song album.
keep your tracks to a minimum, three to four songs will be enough to showcase your
style of music. in addition your songs should be under 5 min in length. this is the rough
time of a radio edit, if your get signed, or get a gig from your demo you can always create
an extended mix. your demo is simply to grab the attention of a record executive or a bar
owner, and if your lucky enough to grab 12 minutes of there time, it would give you better
chances if the listen to a few of your songs instead of one long one. Live vs. studio recordings

This will depend on who your sending it to. A bar owner will be interested in how well
your band can play live because that is what they will be hiring you to do, is to play live.
Not to say that you can't use studio recordings on your demo, just make sure to put at
least one live recording on your demo tape, if you are using it to secure a gig.

Your demo tape cover
Obviously your demo tape cover can play a huge role in whether or not your demo will get listened to.
If you can visually intrigue someone by your cover they will be more curious to find out what is on the CD.
Check out our article on "CD cover design" to get a few hintsThese points are simply to give you an idea
on how you should go about producing your demo, if you are needing some information about how to
record your music, and or vocals by using a home PC you may want to read "How to Set Up and Record Vocals".
This article explains the basics of PC recording, including some tips to achieve a great sound from
your raw recordings.

Good luck with your demo tape, and once its finished duplicate it, and distribute it through
any avenue you can. You never know what third party may end up listening to it.

Getting it on tape... well, CD
While you're working on your song, you'll need to record the melody so you can remember it,
work out alternate lyric and melody ideas, try different chord progressions and see how they sound.
When you have written a compelling song with a memorable melody, emotionally evocative lyric, and
good structure that keeps the listener's attention, you'll want to make a demo to show it off.
 
Advances in recording technology have revolutionized home recording. It is now relatively easy and
affordable to put together a home demo studio. Although a course in home recording is beyond the
scope of this article, here are a couple of ways to get started...

HOME MIDI STUDIOS:
There are now a couple of inexpensive software programs that include both midi sequencers
(for use with midi keyboards) and audio recording capability (to record vocals and guitar).
Cakewalk Home Studio 2 (Windows) will record unlimited audio and includes realtime audio
and midi effects - all for under $100! For Mac users there's Garageband from Apple.
It is included in the iLife software package for under $80. You will need a midi keyboard
for use with both of these programs. Apple has one for under $100.
Yamaha makes a good inexpensive keyboard. (See sidebar for links to these products at Amazon.com)

PORTASTUDIOS:
If you are a singer-songwriter who plays guitar, you might want to bypass the world of midi music
entirely and record vocals and guitar direct to disc using a digital Portastudio.
This is great for making rough demos and working out your song.
Later, you can take your CD-quality tracks to a project studio to add drums and bass when you
are ready to submit your song to publishers or producers. Digital Portastudios are now very
affordable and sound great. The Tascam 8-Track Digital Portastudio allows you to dump
your tracks directly to computer for use with Protools.

SONGWRITING SOFTWARE:
There is a unique software program called Band In A Box (Windows/MAC) that I personally recommend.
BIAB is like having a song collaborator who never tells you your ideas stink.
It will create a chord progression or you can type one in or play one on a midi keyboard.
It will create a drum, bass, piano, guitar, and string arrangement based on your chords.
You can select from many styles - finding one that sounds good can take a little while but you
only need one or two good styles. It can play the arrangement on the internal sounds in your
computer or a midi keyboard. (The guitar parts are terrible so mute them. Drums, bass, and piano are all quite good.)
BIAB will even create a melody and a title. Melodies tend to be a little generic but you can keep
the bits you like and have it create new melodies as much as you like. It's inexpensive, fun, creative, and
a great place to start a new song from scratch! If you have a sequencer or software synth you like to use, you
can export BIAB files as Standard Midi Files and import them into other music programs.
This software looks dorky on the surface and there's definitely a learning curve but it's the
 best all-in-one creative tool I've found for songwriters! (See sidebar.)

OTHER RECORDING RESOURCES:
I like to be in control of the final sound of my songs, so I record and mix EVERYTHING in my home studio.
But this can be very time-consuming and it does take away from the time you can spend writing songs.
If this is a bit more than you want to take on, never fear, there are some alternatives.
Go to your local community college and talk to someone in the music department.
You'll find a half dozen students with home recording facilities who will either be willing to collaborate
with you, record your song for a nominal sum, or do it as a school assignment for credit.
There are studios in many cities that specialize in arranging, recording and mixing demos.
You can find them in the phone book. Most local bands know someone with a home studio, so ask
around at the clubs. Meet as many people in the local music scene as you can.
You'll find resources, collaborators, and information that will be very helpful.

When you have a few songs recorded, you can go to GarageBand.com and post them.
If you review other people's songs you can earn credits toward posting your own songs for FREE.
Listening to the songs and demos on this site is a great way to get a feel for what's going on
in the world of indie artists and songwriters. Chat with other musicians and songwriters on
the message boards. Expose yourself!!! (Well, only if you feel like.) For some useful links, check
out the Songwriter Resources page on this site where you'll find links to online songwriter
forums, message boards, web sites, and contests.
 
 
Further reading:Stuck for ideas, try one of these

Designing your album & duplicating copies



CD design


You can design your own albums covers yourself using free software that comes with
NEATO label making kits.
I have used their "mediaface" software for all 3 of my album covers.

Though you will need to make the jpeg covers on "coraldraw" or "Photoshop" first.

This means that with the Neato kit and software you can do the whole thing at home.


Cd duplication


There are many website's and shops that offer services for CD duplication.

Diskmakers.com seems' to be the cheapest however you must have a US
address credit card or they wont process the order.

Dont forget that some music website's(cafe press & musicforte.com) will
press copies for you (at a premium though!)


I will research some more and add some more to this post.

How to Write an Artist Biography

Before you begin to write the bio, be sure you have "taken an inventory" of
your background, accomplishments, goals, and objectives as a musician, and remember who you are writing the Bio for: A&R Reps at Record Labels, Media Contacts, Booking Agents, and Management Contacts. These professionals in the music business are busy individuals, who may deal with dozens of "wanna-be's" every week, so make your bio informative, upbeat, and filled with useful comments, descriptions, quotes, and motivational language that can make them want to listen to your music, and help you on your musical way.
 
When you are ready to rock n’roll, writing the Bio using this outline can keep you focused and organized.

1st Paragraph:
Start with an introductory sentence that clearly defines the essential band/artist name,
your specific genre of music, where you are from, and perhaps a positive quote about
your music from a contact you have made in the music business.

2nd Paragraph:
This section should address the immediate purpose of the Bio.
What are you doing at this time? Mention a current activity you are involved with.
If a new CD or Tape is coming out, that should be the main topic of the
first sentence of the second paragraph. In other word, a reason why the Bio has
been written should be clearly stated early on. Hints about any promotional activities
that will be occurring to support the CD/Tape is also useful in this paragraph.

3rd and 4th Paragraph:
At this point, information on any other band members can be introduced,
and background information on the forming of the group, past experience,
accomplishments, and recognition issues can be addressed. If you have
developed a plan for your career path, additional paragraphs elaborating
on this type of can be written, that demonstrate how your current project
is part of a larger career development plan.

Ending:
As stated earlier, the Bio should not waste words. For a new artist
1 page is sufficient to get the job done. For more experienced artists,
a page and a half to two pages should be the maximum length. So,
ending the Bio in a efficient way should be the aim; use another
quote from a gatekeeper who supports the artist, or summarize the
2nd paragraph information, reminding the reader of current activities.


How to Write a Music-Related Press Release

When to Write a Press Release:

• Concert/Show and or Tour information
• Record, Publishing, Merchandising Deal Announcements
• Band Personnel Changes/Additions
• CD, Tape, and Video Release Information
• Promotional Events/Marketing Plans/Misc. Announcements What The Print and Broadcast Media Need:
• News or announcements related to their target audience
• Deadlines met for calendars and event listings
• Event or information in proximity to their coverage area Layout and Essential Information:• Double space all content
• The phrase "For Immediate Release" centered near top 1/3 or page
• Date press release is sent out
• Contact information: Person media can call for more information with phone number and fax number
• Printed on company or artist/band stationary with full address info
• 1 to 1 1/2 pages long (unless for major event or project)
• End with the marks ### centered at end of the body The Press Release Structure:The Slug Line (Headline)
• Short, but attention-getting headline phrase
• A hint of the purpose or topic to be presented The Lead Paragraph• Should include the 5 W's and the H
 (if needed): Who, What, Where, When, Why, and How
• Summation of the basic topic/information
• Begin with the most important part of the information
• Who is in the beginning sentence, followed by Where and When
• Why, What, and How follow in the next few sentences
• No unnecessary details should be included in the lead paragraph The Body
• Elaboration on the theme or purpose of the press release
• One thought, one paragraph. Cohesive, single ideas in each paragraph
• Write information in descending order of importance
• Keep information factual. Opinions only in quotes with proper credit
• Use simple sentences (Subject - Object -Verb) and avoid too much hype
• Ending option: Recap essential information from first paragraph
• Proofread several times for spelling, and/or grammatical errors

Ingredients of a Demo and/or Press Kit
1. Attractive, creatively designed folder.
2. Cover Letter: A letter of introduction to the specific person you are sending the kit to.
3. Bio: 1 to 1-1/2 pages long. Include: Introductory Statement, Summary of Current Project,
 Additional Information, Background of Artist/Band, Elaboration of any other key info, Ending Paragraph/Sentence.
4. Fact Sheet: 1 page long! Points out key info on the artist or band from the Bio.
5. Photograph: 8x10 black and white glossy ONLY!
6. Press Clippings: 2 or 3 sheets of Xeroxed reviews.
7. CD: 3 or 4 songs that reflect the best of your music.
8. CD Insert with song titles, name, copyright info, contact info, credits.

Note: Put contact information on every part of the kit!

What A&R Reps Do


What exactly is an 'A&R' rep anyway?

We hear the term all the time, and most of us have a certain picture in our mind. But it is correct?
Here's a short job description.

An A&R Reps Primary Job:
Seek talent by:
• Auditioning demo tapes (solicited, as well as unsolicited, depending on record label policy.)
 If interested, ask to see artist perform live.
• Attending live shows at clubs, showcases, concerts, and other venues.
• Following leads from any ‘buzz’ created by artists.
• Checking industry insiders (managers, agents, attorneys, concert promoters,
 label promo reps, retail contacts, trade and consumer press tips, regional ‘scenes’, or other sources.)
• Watching for talent on other labels, who’s contracts are expiring. Other Responsibilities
• Evaluate talent and match with potential audience tastes.
• Sign talent to label with executives approval.
• Search for new songs for existing talent on the label.
• Coordinate label relationships for an artist, once they are signed to the label.
• Provide creative input and direction on artist’s material.
• Find suitable producers and recording studios.
• Plan the recording budget with the business affairs department.



With so many internet record labels to choose from,
how do you tell them apart?
 


Sean McManus makes some suggestions.

Oh, how the tables have turned. They come crawling now.
Where major labels binned your demos unheard, internet labels
 are advertising for your music in magazines and on websites everywhere.
But what's in it for you? With a whole host of internet record labels online,
 you can afford to be choosy. Here are some of the things to consider when vetting sites:

How well known is the label?
MP3.com made a fortune on the stock market because of its well known domain
name and now Peoplesound.com's poster campaign and Popwire.com's music
magazine advertising have taken brand awareness to a new level. The label needs
to attract visitors to sell your music. How will people find your music? It's no good
being listed with a label if no one will ever find your songs. Look for exposure on
the homepage, search engines where you can cite influences and well-carved
categories. Among Vitaminic.co.uk's 150 categories are flamenco and death metal.
Although both will attract fewer visitors than a catch-all 'guitar music' category,
narrower categories funnel genuine potential customers towards your songs.

Does the label have its own domain name?
Weird as it may sound, since anyone can set up a website, there are
some alleged internet record labels operating out of free service providers.
The domain name you type in to visit the site needs to be short and sweet,
without any dangly page names or squiggles. If the label hasn't invested in
its own domain name, consider how permanent and professional it's likely to be.

What software do you need to access the site?
Any site that has its own proprietary download system, or which puts
stringent requirements on the browser visitors may use, restricts its
potential market to the patient and extremely eager. Sites dripping
with slow graphics also require visitors to have a fast modem or
high boredom threshold.

How often are you paid and at what intervals?
Sites often impose a minimum level at which they will issue a cheque.
For US sites, it makes sense for you to negotiate this as high as sensible
so that any bank charges in cashing the cheque are spread further.
US$25 (about £15) goes nowhere when it costs £5 to cash a dollar cheque.
Consider too how many sales your payout level is equal to and how
realistic this is. The label gets its cut however many times your song
sells, but you don't really make anything until they send you a cheque.

Consider the royalty rate.
Whether you will make more at a less generous but busier site or
at a site with fewer visitors but a higher royalty rate is a moot point.
But don't sign to a stingy site with low traffic. How quickly can
you terminate the contract and does the label retain any rights or money?
You need to escape quickly if a major label snaps you up, and most internet
labels recognise this readily.

Is there an affiliate programme, that will pay you extra for any sales your
website refers to the label's site? That could effectively increase your payout rate by another 10%.

Does the label require exclusive rights to anything?
Many internet record labels are happy for material to be posted at competitive sites,
which helps you to spread your music far and wide. The time taken in keeping up
accounts with lots of different labels might be better spent badgering major labels though.

Is the site design consistent with your band's image?
If you're a folk band, you don't really want to be at a site that looks like a spaceship
dashboard. Does the site offer promotional pages you can use to tell people about
the band, forthcoming gigs and merchandise? If you don't have your own website,
you should look for a label that will give you your own corner of the web with an
address you can promote on your posters and leaflets.

What does it cost you?
A lot of labels have set-up costs, which you might recoup through higher royalty rates.
But be sure you know and trust what you're buying, because plenty of sites are totally
free. Speak to similar acts already with the label to see how much success they've had with it.
 
 
Here is some extra reading that may help:

You have a CD, where do you sell it ?


Easiest place to buy or sell Royalty Free Music.
So you have a fab album and you want the world to hear it! What's the best avenue for sale's.

Firstly, dont get conned by people who email and say "get a free music review for $50" and
then after listening to your tunes say "we really liked your songs and want to promote you"
and when you read the fine print it say's that they offer $.. promotion deals at different levels.
You should have to pay, if they wanted you that bad they would pay you!

Always check there company address and make sure there is a telephone number.
Also search the web and type in "-company name-SCAM" and see if there are any post's about them.

If you feel 100% sure about them, then approach and get the legal stuff signed.

On-line distribution
 


I first got on-line with my music around 2002 (late i know, but hey it's England) and joined
Soundclick.com to list my music. I then heared about CDBABY who are an independant
on-line music store. The deal is you pay $35 to set up each album (one off) and then
$20 for digital distribution (over 100 stores) to all the big names.(i-tunes,Rhapsody,wallmart,ebay etc)

The whole store sell's unsigned artist's CD's and is a great way to get your music out there and
Derek Silvers (CEO) is a fab guy and used to work for a big record lable.

I always get emails from him advising me how to sell better and what promotions there are
big names on their site. You get paid if anyone buy's your mp3's or albums (less their commision)
and they have teamed up with "3mobile" recently (you dont get paid ,but the exposure will be huge!)

Can i sell individual songs?
 
Sure , why not !
 
There are loads of site now that offer MP3 sales but double check what kind of deal they
offer and READ THE CONTRACT!

I was offered a deal by a company , but it seem's that it wasn't as free as i thought.
They said i had to pay to list my songs! the cheek! CDbaby do that with EBAY for free!

Here's a list of sites that you can list and sell your mp3's for free-

American idol underground
Free to join ,a great way to get exposure, plus some fantastic prizes worth up to $200,00!

Soundclick.com
My favourite site! and they have a huge fan base and you can sell mp3's and make friends!
Great free website to sell & List your CD's with top selling world bands
!
 

MusicForte Fantastic free new website with exposure to Japanese market!
http://www.betarecords.com/- Join for free & Upload 8 tracks!

Channel4.com-slash music-Join for free and upload tracks,great exposure!
PopWorld Promotes -Based on the Channel4 show,you get exposure and win real gigs on TV!
CDFuse.com- free music website where you can upload tracks and a bio and sell cd's!
Mixposure-Great website with some fantastic and friendly people on!
Purevolume- The place for rising artists to host their mp3s & get exposure.
MVINE-Is a genre-free independent record label ... We're on your side. ...
Letstalkmusic-The online musicians community working to promote independent artists.
LTM works with artists to provide a one stop shop for success.

I will keep updating this page once i find some more good sites.

Support the artist
listening to my album tracks pays me
Rob Neary on "
Rhapsody" 14day free trail!
Albums
"
Evolution","Freakmachine" & "Robot Rock 

Negotiation... The Discussion Before the Contract Stage
The music business is deal driven. Every dollar earned is the product of a negotiated contract. Good negotiators achieve better deals. Negotiation skills are essential to be highly successful in the music business...

Most of the lucrative deals in the music industry are not simple contract offers. They are the result of long-term relationships... it is important to recognize the difference. This is the reason that most artists are continually seeking out established representation. Many experienced representatives are not interested in working with many new acts because development needs and maintenance requirements are often too time consuming. Every new artist needs to continually work hard at being good enough to attract quality interest. The reputation of a good representative will not and should not be compromised by offering a substandard act to his/her long established list of clients. Get used to rejection... and get inspired to work harder.

Deal making isn't just about booking performance dates. A knowledgeable dealmaker knows that the on-going relationship between the parties is what brings the most rewarding results. Therefore, the deal process often requires the exploration of the personal needs and expectations of the participants and should always form a bridge of opportunity for a long-term association. Don't be discouraged by the lack of interest from the big guys... you are likely not good enough yet. Make an honest effort to get better and try again.

Essentially, deal making is the process for building a business relationship. It is the foundation for a mutually enduring association between an artist and his or her commercial entities. There is a lot to learn about the art of deal making. This article will focus on the most important aspects of the process. It is my approach - and one that has been proven to work for me. It may not suit everyone.

Whenever approaching a new deal, the dealmaker must ask the following questions...

Who is The Buyer and who dictates the terms? In many cases there is no room to negotiate... an established event, venue or production may have a "house contract" with set budget, rules and regulations that limit or clearly stipulate the artists' and buyer's responsibilities. You must basically either accept or reject these gigs. There may be very little room for any adjustments. A good negotiator will soon know if there is any wiggle room or not and, in the long run, will usually do much better for the artist than they can do for themselves. This is the main reason why most successful artists have professional representation to deal with their business requirements.

Has a Deal Memo been issued? It is advisable to begin every new deal opportunity with an introductory letter of agreement outlining the most important deal points with the request for an approval response from the buyer. This allows the dealmaker to revisit the artist's position in the event there are any objectionable points. For example, if the artist has just experienced a "non-payment" situation and requests an advance payment on the contract, and the buyer has recently lost a "deposit" by way of a "no show" performer... the deal would likely collapse. Of course, the average gig details can be discussed totally on the telephone. But, it is so much more professional to follow up with a written proposal. All contract details can usually be worked through successfully if the process starts with a non-threatening "deal memo" that is issued as a "first draft" which suggests that the deal points are not written in stone. Many deals have been lost without an explanation when the contract appears too demanding or one-sided. The buyer may suggest that he/she has changed their mind when the "deal-breaker" was actually the tone of the contract. It is always wise to test the water before issuing the final contract.

Have all the Important Points been covered? Aside from the date, place, time and length of performances, etc., many other items should be clarified. In an on-going production, some artists insist on complete control of the performance and others just show up and do what they're told. If creative control is an issue, the negotiator must find a way to provide the performance assurances needed for investors to accommodate this requirement. Unless the artist has producer skills or credits, this item could be a deal-breaker.

Artists' Support might be a factor in a deal... a well-known producer or choreographer might enhance the artist's skill level and be a deal-maker. An artist with children may have to establish the framework for the provision of some child-minding or supervision. Unless the buyer recognizes conflicting obligations and/or special needs of the artist, and can find mutual ground for agreement, reaching a deal is very unlikely.

Who is providing What? Unsatisfactory travel arrangements quite often are a deal-breaker for the artist. Is there a travel allowance? Is the airline ticket provided only good on stipulated dates to and from wherever? Do we travel in a mini-van or a spacious coach? Is it a five star hotel or a three star motel? Are meals included or a per diem paid? How many room nights are provided and can I come in early? What kind of sound system is there? Can my technician run the sound? What time is rehearsal and sound-check? Is there a toilet and mirror in the dressing room? All your questions must be discussed with the buyer in advance of issuing the contract. There is no room for assumptions or expectations... you need to put it in writing!

In some cases you know from a previous experience that an agent, producer or buyer can be trusted to deliver with only the vaguest of terms in the contract. With others, you know that if it isn't down in black and white, it isn't going to be delivered. But, why take the chance... always write it down!

Discipline is Essential in Negotiation. Too often significant deal points have already been conceded by the artist before the dealmaker gets a chance to negotiate them. If you hire an experienced representative's services, don't talk business with a prospective buyer... only talk music or performance.

Discussing aspects of the deal with the other side before the dealmaker does will likely cost you money in the end. The negotiator will almost certainly have to work at regaining some of the points you have given away. Here is a great analogy that says it all... DON'T HIRE A DOG & THEN BARK YOURSELF!

Sometimes an artist will think the negotiator is threatening the deal. The buyer may even make that implication to the artist. An experienced performer will simply make it politely clear that such matters are in the hands of the negotiator and promptly steer the conversation back to artistic issues. Any such discussion should be reported to the negotiator so that he or she knows exactly what has been said. Successful negotiation requires team loyalty. Remember who is on your side. Don't get rattled, the buyer is just trying to get the best possible deal.

Never make the buyer part of your "in house" discussions. Any concerns are matters for your team to resolve. Don't flag your problems to the other side. Think of it in terms of a sports team... if you have a problem with one of your team members, you don't ask the other team's coach what you should do. You thrash it out behind closed doors. The experienced performer will listen to criticism and modify their technique or behavior as necessary.

Good Negotiation Technique is a Major Asset. Most negotiators will tell you that the best deals are made by first listening to the other side completely before you discuss any of your deal points. This allows the negotiator to modify any intended requests that may have been obviously dangerous. Here are a few pointers in negotiation technique...

1. Always Start With a Deal Memo - This is especially necessary when approaching a large deal as the points will likely be much more complex. It is easier to understand a deal if everything is set out in summary form without the distraction of the legal terminology which will later bind those points together. This provides a much better chance for a successful result.

2. Focus On the Important Points - When preparing the full-length contract, be sure and continue to focus on the deal points... don't try to re-draft it. It's easy to get overly thorough now that you have an accepted deal. Don't go there... it is extremely dangerous. No deal is perfect. Get some advice if you're nervous... no need to fall into a trap for the unwary.

3. Have a Good Reason for Every Request - The essence of every good deal is reason and common sense. If the other side understands that your requests are reasonable, it is likely to be accepted. Outright demands are rarely effective. A buyer may be forced into acceptance due to a number of circumstances... if this is the case, the relationship is probably over. If you know a request is unreasonable, why go there? This is usually more about ego than negotiating a fair deal.

4. Speak With One Voice - Remember previous warnings... always let the negotiator take care of the business. This is not just a matter of protocol, it is essential to maintaining the relationship. If it becomes necessary to deal hard on any issue, let the negotiator be the bad guy.

5. Ask For Changes in a Block - Try not to make the negotiation a torture test. Don't ask for changes that haven't been discussed. Buyers become rightfully irritated when you keep asking for stuff that they believe has already been covered. The only points that should be revisited are issues resulting from the negotiation of later deal points.

6. Never Promise What You Can't Deliver - This is an absolute rule of thumb... if you are not sure, be honest about it. Building respect is part of the process. And, when you give your word... be prepared to bend over backwards to deliver on your promise. Unexpected changes that "take away" from the other side should be replaced with something in return.

7. Don't Lose Your Temper - It's only business... nothing personal. Negotiation is an exercise in control. If you lose your temper, the other side wins... it's that simple.

8. Leave Your Ego at the Door - Like entertainers, good negotiators need to have a strong ego... but they should never bring it to the negotiation table. Have a cold shower in the morning and wash it down the drain before getting on the phone... or tuck it safely in your pocket before going into a meeting. Testosterone and ego will always harm the negotiation process... they are both destructive and will usually destroy any possibility of reaching an agreement. Don't go there!

9. Take It or Leave It? - At the end of the day, there are limits to every deal. Should you do the deal or should you walk? Sometimes a lawyer will advise against a deal and the artist will go ahead anyway... the lawyer will always facilitate their client's wishes. But, when a lawyer advises against a deal, there is likely some unhealthy reason involved and there's a good chance for failure. If a contract is not fair to both sides, it will never work. And, if either party feels ripped off, or grows disillusioned with the deal - it's over. Only the lawyers will win.

10. Dance With the One What Brung You - This is the oldest rule in the book, stemming from the old fashioned country dances on the farm... where the girls would always save the last dance for, and go home with, the boy that brought them. It's a common courtesy that every performer should adopt when re-booking any engagement. Always pay the agent or representative that booked you at the first gig for every replay thereafter. It is a good habit that will bring huge dividends in the future. Remember... real success is about long-term relationships. Try not to burn any bridges... it may be a huge shortcut down the road.

In conclusion... a good contract has to embody the needs and expectations of both parties. The contract is a formal expression of those two elements. Sometimes a contract has to try and guess the future and must be re-evaluated if either party experiences any unforeseen hardships. For example, if a project doesn't come close to the expected sales, and is facing a shut down, perhaps a renegotiated fee will save the day. It is impossible to define every eventuality. The parties have to develop mechanisms for achieving a fair adjustment later when some results are in and more information is known.

Long-term deals, such as personal management and artist development, are especially vulnerable to disastrous conclusions. Therefore, it is invaluable to build in a "Sunset Clause" for uncertain situations... a clause whereby both parties agree in advance to a separation procedure that kicks in when either party wishes to terminate for whatever reason. This clause must set out fair perimeters for termination, and clearly state what happens with payments and/or penalties, etc. for both parties when termination is implemented.

One final deal making tip... Always remember "An ounce of prevention is worth a pound of cure."

Posted By Les Vogt @ 12:00 AM

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