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Originally Posted by appler  Thanks, Rick. Good points - let me try and clarify a bit. Clearly I'm out of my element here so any guidance or direction would be fantastic.
The agreement covers payment from album sales, merchandise and gigs and (I think) any other revenue we might take in.
The booking bonus is a percentage and I think it's only good if we get paid - what's a good number here?
Thanks for the tip about ASCAP. Wasn't familiar with that. I'm going to ask that subs be dealt with on an individual basis, preferably the guy who hires the sub just pays the sub what he would have made.
We've already made back what we paid the attorney so far but I'm sure that'll change in the near future! As I understand it, he's charging us a "friendly" rate since we're still young and broke. |
Not sure if you saw this
http://www.talkbass.com/forum/showth...nd#post7264851
The division of income among a band can be as simple or complex as the band wants it to be. And it often depends on the band dynamic. For example, is there one main songwriter? If so, some writers aren't too keen on splitting the money from their songs.
There really isn't an objective "fair" or getting "screwed," in my opinion. First off, when there is little or no success, people tend to be more incline to divide things up equally. That’s not necessarily more “fair,” it’s just that what’s being agreed on has no real context or consequences at the time of the decision.
Obviously, once money and success come, it wouldn’t be a stretch to say that certain band members feel they are more valuable and deserve more, regardless of what was originally agreed to. Perhaps less obvious would be the example where, since there are no liabilities at the start, band members may agree to share any liabilities equally (e.g., costs to record the band's album). However, would you want to share in the liability if someone in your band used pyrotechnics on stage in a small club that caused it to burn down and kill people? What seemed “fair” at the time (i.e., all for one and one for all) may not be so appealing later.
Often times I have a producer client who wants to sign an artist to a production agreement and will say they want to be “fair.” However, different producer clients have very different points of view. I’ve seen superstar producer clients be “aggressive” (e.g., “I’m so and so and they’re lucky to have this opportunity”) and I’ve seen superstars take less than what they seemingly “deserve.” I’ve also seen people whose career is on the downward trend act a little “desperate.” Sometimes any particular producer’s response is shaped by how they were treated when they started, the genre they work in (urban can be a little rough and tumble), the current status of their career, etc.
You simply have to think things through, talk it over, get professional input, and, ultimately, do the best you can. In my opinion, there isn’t an answer.
Best,
MA
Operating Agreements 
