How to get a record deal?

How Can I help someone get a record deal?

• Hey, Im trying to get someone a record deal, They are by far one of the best rap artists I have heard in a long time, They are not aware that Im trying to get them a record deal yet... Could someone please help? (He lives in America, Chicago!

• Answer:

  It is commendable that you want to help someone secure a recording agreement. There are a lot of issues here. You probably DO want this person to know you are trying to help them because you may take on some legal duties and you don't necessarily want. You probably do not, for example, want to be perceived as an "agent" for the artist - basically speaking on behalf of the artist without their knowledge and consent. In some states the law requires that any person who obtains employment for an artist be approved as an agent - and an agent cannot also serve as the artist's manager. If you determine that no such regulation applies to you, you could see if you can contact some of the labels that you think might be interested and see if they will accept material from you. If they will they will give you some direction as to how to send material to them (sending it to a specific post office box, making a specific mark on the outside, etc.). Most labels will not accept unsolicited material and if mailed to them they will simply return it to the sender. This is because they do not want to be accused of infringing on someones copyrights (songs & sound recordings, primarily, but also artwork, photographs, etc.) or trademarks (the artist's name). They will simply delete e-mails with sound recordings attached. Some guidance here on submitting material: make it look professional. One way to actually network with record companies is to approach label representatives at music conferences and seminars, at concerts and music industry events. The artist can retain an attorney familiar with the business or a manager to shop the artist. Another way to obtain access is to participate in music/talent contests. Obviously, it should be one appropriate to the genre. There are some scam contests out there, so be sure that the event has a track record and a good reputation. The very best way for an artist to get noticed is buzz. That is, building a huge fan base and following. These days it is much easier to do than previously with social media, dedicated websites and the like. Another consideration is for the artist to remain independent and build a team of professionals to assist them. Record deals have always been seen as a mixed blessing. However, as with any contract it depends on the terms of the agreement. There ARE NO SUCH THINGS as "standard" recording or publishing, or management, or booking agent agreements. While all established companies use a form they have had one or more attorney's develop, the terms are usually negotiable. (There is a songwriter's guild agreement that is "standard," but every publisher I am aware of uses an agreement they have had developed for their own purposes.) Record deals are very tricky and complicated things. The artist should absolutely retain an experienced entertainment attorney for assistance. While all attorneys should understand the basics of contracts ("Contracts" is a first year law school class almost everywhere), entertainment agreements are unique. Just as you would not go to an orthopedic doctor for cancer, you should not go to an attorney who is not experienced in entertainment for record or music publishing agreements. Additionally, artists, songwriters and anyone else who wants to work in the music business (and it is a business) should learn as much as possible about copyrights, trademarks, right of publicity, recording agreement concepts, publishing agreement concepts, etc., etc. One would not assume that they could be a commercial over the road trucker just because they can drive a manual transmission. Likewise, an artist should not assume that they can be successful in the music business if they don't understand (or have someone trustworthy helping them understand) the music business just because they can sing, play an instrument, or riff (the same goes for songwriters). Any artist or songwriter who wants a "deal" should be willing to walk away from any offer. If they are not, then they have already lost the negotiation. A bad deal is often worse than no deal at all. I have had clients who essentially signed away their music career because they signed the first "deal" that came along with no professional advice. One tactic that industry folks use (there must be a class on it somewhere) is what I call "artificial time pressure." That is, they will give the potential artist or writer some excuse why the deal has to be signed right away. "You won't get on tour with XYZ;" or "we can't get the recording produced by Big Shot producer;" or "we can't get the album in the stores or on the internet in time for Christmas;" unless the deal is signed right away. Related to that is that the artist's attorney is usually blamed for holding everything up while trying to negotiate the terms. Anything to put pressure on the artist to sign the deal. All the best, Greg Seneff, Sr., Esq.