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Tips On Making It In The Biz
by Ronald S. Bienstock, Esq.

Questions and Answers

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Q: What are all the forms in which an artist and his manager receive their compensation? For example does the label just issue one check to the artist and he takes out the managers cut? Does the publishing agency write out a check to the manger or artist or too the label? I'm really stuck on this and can't find any book which really gives a clear answer and let me thank you in advance for the opportunity to even be able to ask these questions.--Chuck, Block Entertainment

A: Chuck, here's a thumbnail Sketch: The 4 Major Income Streams Are: 1) Live Income 2) Merchandise 3) Publishing 4) Masters Generally when a band/artist has achieved a certain level of business success, acumen or organization, they seek the services of an accountant/business manager who collects all the income on their behalf. It is that person who will be writing your commission checks to you. Generally at a higher the manager will not be collecting commission directly from the source.

Q: Hi, Ron. Thanks a lot for your articles, they are extremely helpful. I was just curious, my band has recorded a six song demo and we feel like we should shop it around before we spend money on mass producing it and selling it. Is that a good idea? We feel that there is no point in making our own when we could be signed any day now. Should we go ahead and see how many we can sell? That is a way for the label to notice us right?--T.M.

A: It can't hurt to have a real SounScan number for the A&R research people to get excited over. If you think you can recoup your costs on the recording and manufacturing- why not work on getting your product out there. Have you video-taped a live show? If so send us both the demo & video.

Q: Dear Ron, I am a 40 year old singer / songwriter / pianist and father. I live in Portland, Oregon. I started playing in a group for money at age 13, but my music career was cut short at age 17 when my girlfriend became pregnant. I have been writing songs for 27 years and still perform semi-regularly. I believe I have some good material. Unfortunately, because I've been pretty busy (raising a family); I do not have any personal contacts in the music industry. Ron, I really need an honest opinion of my songwriting abilities from someone who is "in the know". Now, after all these years, I finally have the time and money to promote my songs. What would be the best way for me to get my songs "exposed" to some good music industry people. I mostly write love songs and new age music.--A.J.

A: I would be happy to take a listen to your material and see if it's something I believe I can find a home for or not. If nothing else just to get a general sense of what direction you are heading in with your material. Also, just to let you know your choice of music style is not the easiest in terms of placement.

Q: I was on a major and was dropped after I got in sort of a tiff with Al Cafaro. Anyway, I went back to my roots, underground and started a band. I mean, I really worked. I got on a reputable indie (Sympathy For The Record Industry) and a few others and I've been touring for 4 years. I've been all over the U.S. and Europe and I've learned how to do everything from the ground up. Now, I'd like [to be on] a major again. What would you suggest I do first?--Jeannette

A: A couple of questions first: 1. Where do you stand with regard to contractual obligations with the Indie? 2. Can you provide me with sales figues and any other info related to the indie sales, so that I may be able to understand better and possibly help? Send me any some material to listen to. Also, any video of live performances. Send it to my office and I'll give it a listen through when I get it.

Ronald S. Bienstock is Senior Partner at Ronald S. Bienstock and Associates 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 Jounal, and has a monthly column, "The Biz", in Guitar Magazine. A performing and recording musician for 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. "The Suits" are presently recording their follow-up LP. You can contact Ron here the cyber way at: RSBESQ@getsigned.com or via his website at: http://www.MusicEsq.com You can also reach him at: 212-399-0099 or fax at: 212-399-1278.

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