Rock Band Legal Troubles and How to Avoid Them




Rock Band Legal Troubles And How To Avoid Them
by Sue Basko, esq.

I get contacted on a regular basis by people from rock bands that are having legal problems. In almost all of these situations, the problems could have been avoided or minimized by getting proper legal advice and help all along during the rock band process.

IF YOU DO NOT CARE WHAT HAPPENS TO YOUR MUSIC OR TO YOUR CAREER AS A MUSICIAN, then you can do whatever.

IF YOU DO CARE about your music career, THEN READ ON:

When you are forming a band, you should formulate a plan and have contracts between the band members.

When you are in a songwriting partnership, you should have a contract.

LONG before you work with a producer or step into a studio, you should have a contract.

ANY contract you sign should be read and analyzed by a lawyer.

ANY time you join an organization (ASCAP, BMI, SESAC, etc) you should get legal advice first -- before you join.

ANY time you sign your songs over to any organization or company or website for any purpose, you should have a lawyer analyze if this is the best thing for you to do.

Before you upload your music onto any website for any purpose, have a lawyer check it out.

Any time you buy a promo package, have it checked out.

If you want your copyright registered properly, or your songs registered properly with a PRO, or your trademark or service mark registered properly, get it done by a lawyer.

These are the kinds of complaints I hear:

I played on a major tour and they never paid me.

I have CDs in distribution and was never paid.

I uploaded my song to (some website) and now it is being used in a movie/ commercial/ video game/ and I am not making any money.

I uploaded a song to a website and they won't let me take it off.

I signed a licensing contract, they changed the name of my song, used it for things, and paid me nothing.

I wrote songs with someone and they registered copyright in their name only.

I signed with a promo company and they registered my songs in their name.

We were offered a show and they wanted us to sell tickets.

We played a show and never got paid.

I signed with a record label, it is 6 years later, and I have never been paid royalties. It was a bad contract. What can I do?

I got kicked out of my own band. I thought I owned the songs or CDs, too, and they are telling me I don't.

We signed a contract with a manager and he took all our money.

We signed a production deal and the record label paid all the money to the production company and not to us.

I signed a 360 deal, I don't even know what it is, and now I am being billed for all kinds of things I don't even know anything about.

WHAT I DO ABOUT THESE KINDS OF COMPLAINTS:

WHAT I DO -- Generally, nothing! I do not get involved in crazy messes that people brought upon themselves by not having a music lawyer take care of their business all along.

So -- go to the top list, read it again, and see if you better get a lawyer before you get into a mess.
Enough said!



Rock Bands and Mid-Life Crisis



Rock Bands and Mid-Life Crisis
by Sue Basko

I run a lot of ads all over the internet and I get many replies. There is a slow, but steady stream of men in the 40 - 60 year old age range that contact me, hoping to reconnect with their rock musician selves that they left behind years earlier. Usually, I take time to listen and answer their questions. Here, I will explain what I think is usually an ideal answer.

So-called "mid-life" crisis can hit men or women. In men, there is often a crisis that comes at age 40 and another at age 50. There are many good books about this. "Mid-life" is a misnomer, for the average life expectancy of an American male is 75 years. At 40, a man has statistically used 53% of his life, and at 50, he has used 67% of his years. He is getting older, his wife looks older (while in his mind, he still looks the same as he did at 20), his joints are stiffening, his kids are grown or a nuisance, he has hit a dead end in his job, and he still is not a rock star. Of course, he has not touched a musical instrument in over 15 years and has not played in a band for 20 years. So, he replies to my music lawyer ad seeking hope, and this is how I respond:

Usually, if there is recorded music online, I listen. Usually these are old recordings. In most cases, it is very excellent music of a style that was popular at some point in the 1970s or 1980s. It is usually something like classic rock, stadium rock, stadium metal, or some other genre that I have never cared for. But -- usually the excellence shines through, even though it is nothing I would personally care to listen to.

In most cases, these men have a few nightmare stories to tell about a past manager or past record label. I listen very carefully to these stories, because many of them are situations where promising rock bands fell into the hands of scam artists. This happens even today, perhaps more than ever. One of my missions as a music lawyer is to warn young people about these scams and try to steer them clear.

These are questions these men ask, and here are my usual replies:

Is there any hope I can get "signed" by a record label? No. Very few people do get signed, even when they are young and actively engaged in making music and performing. There is no chance that anyone is going to sign a non-active musician.

However, today, you do not need a record label to be able to record and sell your music. You can record and mix on a computer using Garage Band or ProTools, and you can sell your music online. There is no gatekeeper, other than following decency laws, copyright laws, and basic protocol. You don't need anyone's permission. It does not cost much money. If you want to do it, just go do it.

Can I get a publisher? Probably not. Publishing deals are hard to come by. A publisher is looking for songs that others will want to record. That is what publishing is all about. Your lyrics and music are sort of okay, but they are very dated.

However, you can self-publish your own music and you can put in as much effort as you like trying to get established or up-and-coming artists to record your songs. In fact, I encourage you to join ASCAP and other songwriter organizations and join together with like-minded people. Join up with Music After 50 or connect with others on Facebook just to talk it over with others.

Can I get my songs placed into TV or movies? Not likely. Songs used in TV and movies are usually one of two kinds: either old, famous songs that the audience will recognize and love; or brand new songs that are just recorded and for sale online. The filmmakers want to add an asset to their film by using music of the most popular group that they can afford. The songs add to the investment value of the film and the likelihood of landing a distributor for the film if the music performer is touring, on the radio, and in demand.

Most song placement in TV and movies pays surprisingly little, unless it is already a very famous song. However, when people hear the song, many will then buy it online or at a store. Song placement can be a source of money that way.

However, you can TRY to get placement by putting your songs onto the many, many online sites that license songs out for such purposes. Try Jamendo as a start, and then find the others by asking around.

Can you help me find gigs? No, because you have not even touched an instrument in over 10 years. But, I do encourage you to pull out your instrument, practice, and place ads for others to play with you. Or connect with others online. Once you get rolling, if you sound pretty good, I think you will find plenty of places willing to have you come in and play. If you want to go solo, there are plenty of open mic nights.

Is there any hope? Yes, the hope is in connecting with the part of you that you have put aside while you pursued a career and family. You do not have to and should not renege on those responsibilities. But if you look carefully at how you spend your time, you will find time that can be spent playing music. For example, do you watch TV? A recent study by the U.S. Bureau of Labor Bureau of Labor Statistics says the average American spend 2.8 hours per day watching television. If you spent that 2.8 hours per day playing music, you would be quite good at it.

Make a list of the things you used to love doing, that were a part of you. And then think of how you can meaningfully reconnect with those parts of you to rekindle your spirit. You may find that a small dose will help you reconnect. For example, you may find that you do not need to become a rock star at age 50, but that practicing a few songs and playing them at an open mic may be just what you need.

If you connect with like-minded people, there is no reason why you cannot now form a rock band and book real gigs. The key is to be realistic. You may be playing "arena rock," but you are not going to be playing in an arena, unless you sneak into your kids' high school arena when no one is looking. You have to be steadfast, because once you start your rock band, your kids will roll their eyes faster than the pictures on a slot machine. Just try your best not to embarrass them too much.

Another thing that being older is good for is being a mentor to those younger, if anyone will listen to you. If you are a former rock musician, you may want to offer your services as a manager or booker to younger bands. If you are not caught up in the way things used to be, but are aware of what is happening now, you could be most helpful.

-- Take care, and feel free to email me at SueBaskoMusic@gmail.com





So You Want to be a Hip Hop Star?



So You Want to be a Hip Hop Star?
by Sue Basko, esq.

I work with a lot of hip hop artists, ghetto rappers, white boy rappers, humor rappers, and a good dose of record labels specializing in such music.

I love rap music. I like creative word play. I love innovative spitting and new beats. I am a strong supporter of freedom of speech, and good rap is all about that. I especially love funny rap.

I often get rappers or hip hop artists that come to me saying they want to get their music out there. Some want a record deal. Others want to figure out how to retain their music and get airplay. Some want shows. Since I know people that do all of these things, I am a pretty good source. I am happy to say I have worked with some really good rappers.

However, most of the music that new people bring me is unusable for airplay, record deals, etc. Why? Because of the words. They are using words that cannot be played on radio.

If your music cannot be played on radio, you cannot usually get a record deal. If it cannot be played on radio, you cannot get people to buy your music.

And if it cannot be played on radio, it also cannot last for long on myspace or youtube - it will be flagged and removed once someone notices it and objects, because those venues do not allow indecent materials, either.

UPDATE August 2011:: Myspace now has a Top Hip Hop Songs music player, and MANY of the songs on it could not be played on the radio. I am not sure what the Myspace policy now is on individual artist pages. But this Top Hip Hop player is loaded with just about everything in the list below.

Still this does not change the common sense rule that if you want to get a record deal, you should have at least some songs that can be played on the radio!

Also, most internet radio, most contests, and most websites do not allow music with obscene or profane language.

Yes, big name artists sometimes do release popular songs that break this rule. Right now, I am thinking of Ice Cube’s song, “Drink the Kool-Aid.” Several versions of the song have been released on Itunes. The song is gathering steam by being featured on myspace and also by having a great music video. However, if this song were to be played on the radio, it would be little more than a series of bleeps. It is a truly great song in both music and meaning, and I am glad there are now alternate avenues to promote and sell such songs.

There is a set of federal laws called the Decency Act. One of the laws in that set is this:

TITLE 18 PART I CHAPTER 71 § 1464
§ 1464. Broadcasting obscene language
Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both.

I have rappers/ hip hop artists all the time telling me their songs are clean. Often I will put on my headphones and in the first line of the song, I hear bitch, motherfucker, and nigger. Whatever it is art-wise or however great its importance socially, it cannot be played on the radio.

I could go on an on about the social implications of this. I will try not to. But I must, just for a little bit.

  We have radio giving lavish amounts of air time to dangerous right wing extremists like Rush Limbaugh. He and his pals are allowed to rant and incite idiocy on a mass scale. Yet, at the same time, we have rappers telling tales of the hood, or making funny rhymes about sex and love and life -- and they cannot get a minute of air time. It begs the question of where obscenity lies -- in a list of words, or in the ideas being promulgated.

Just as there is right wing radio and the only listeners are people that want to fill up on hate and irrationality, so, too, there might be rap radio, for people who want to hear songs that go beyond the boundaries of good taste. But, there is not, because that violates federal law.

If you want to have ANY CHANCE whatsoever of your music played on the radio, KEEP IT CLEAN.

Then, I have contact with lots of people that are clueless about what is and is not considered "clean." While no list can be totally comprehensive, it is fairly safe to say that the following cannot be said on the radio:

Anything referring to defecation or urination, especially on someone. You can't use the words and you can't use the ideas. This includes the words: pee, piss, shit, crap, and any other such words or nicknames or slang, as well as referring to the acts without using the words.

Words referring to sex, such as fuck. When talking about sex but not using such words, there is a fine line. And although "masturbate" and "fellate" rhyme really nicely, you can't use either one in a song on radio.

Anything referring to the anus or anal sex. This includes anus, butthole, anal, etc.

Any generally uncomfortable words for people, such as motherfucker, cocksucker, asshole.

Words that refer derogatorily to women, such as bitch, cunt, whore, ho, and to body parts, such as tits, snatch, cunt, pussy, etc. Also, just using the actual names for such parts, such as vagina (even though there are good rap rhymes for this word) is also a no-no.

Words that are derogatory to any group, including gays, lesbians, and any ethnic or national group.

  That means, you can't use the words faggot, queer, lezbo, or any of the many words for different ethnic groups.

There are also topics that are generally off-limits, such as overt references to cop killing, drug dealing, gangs, or abuse of anyone.

Then there is the n word. Can rap use the word nigger? Not on the radio. If you use nigger appropriately one or two times in a song, or something like once every chorus, and if you can create a radio edit where it is not in there, that is one thing. Then you have the radio edit and it sounds almost like the original, but without that word. On the other hand, if you create a song that needs more than a few bleeps, it is useless for radio play. And if you are white and you use the word nigger, you are just an idiot and deserve whatever happens to you.

I have actually heard songs that use almost every one of the words on the list. Some of these songs are pathetic and non-creative. Some are clever and even hilariously funny. Some just make me cringe. But the bottom line is that -- NONE of it is getting played on the radio.

So, folks -- if you want to be a hip hop star, start it off right by spitting clean.




Venues Beyond Bars:
In-Store Musical Performances



Venues Beyond Bars:
In-Store Musical Performances
by Sue Basko

This is the first in a series of posts about playing music at venues other than bars or clubs. The other posts will come in time and will be grouped as a series in the Table of Contents in the sidebar.

Expand your horizons. Consider trying to get booked at venues beyond bars.

Playing at Stores. For a store to be able to have in-store events, they must have insurance that covers this as well as zoning laws and mall rules that do not prohibit it. If it is a chain store, it must be a chain-wide activity, and no local manager would be allowed to make such a decision on their own.

If a store is independent, you may be able to convince the owner/ manager to allow you to play there. The store needs enough space, not only for you to play, but for the audience to be able to stand without causing a fire or safety hazard or blocking shoppers.

PAYMENT: If you convince a store to let you play there, do not expect or ask to be paid. You should not expect to be paid because the store is not going to make any money from you being there. The store most likely has added expenses caused by your performance, such as having to pay a few employees to be there, printing flyers, running ads, additions to insurance, extra electricity and air conditioning or heating, added security, damages or shoplifting by the audience, etc.

SELLING CDs AND MERCH: You should, however, ask if you can sell CDs and merchandise. Ask if the store has a table you can use for this. If not, ask if you can bring your own. Ask how big it can be.

MINIMUM QUALIFICATIONS: If your act involves obscenities or objectionable behavior, do not ask a store to let you play there, because your act is not suited for public performance to a general audience. Stores and malls are looking for acts that are safe, friendly, pleasant, family-friendly, accomplished, reliable, responsible, cooperative, on-time, cheerful, nice-looking, good with the public, who can follow instructions and set up with a minimum of equipment or fuss. If that is not you, skip it.

If you could show up on a street corner and play music and gather a happy crowd, your act is probably well-suited to playing in a store.

ONE big RULE: You must play original songs and not "cover" songs at in-store appearances, unless the store has purchased performance rights licenses for cover songs from the appropriate PRO. It is highly unlikely the store has done so, so just assume that you will play originals only and no cover songs. Also, some stores can only allow performances by bands or artists that are unsigned or signed with an independent label. Some stores cannot have performances by artists from specific labels. This has to do with the label not allowing this.

PROMO/store: Once you have secured a date to play an in-store performance, ask if the store does any promo. Can you bring them a flyer or poster? Will they hang it? Will they print flyers and distribute to their customers? Do they run ads? Do they put up a sign in the store or mall on the day of the show?

PROMO/ by you: Then -- do your part. Run free ads on Craigslist, backpage, local and regional news websites. Include photos. Let people know at nearby churches and schools, pass out flyers, post about it on your Facebook, myspace, blogs, Twitter, etc. Mention it to your emailing list and in your emailed newsletter. Find out public transportation to the location and let people know. Find out where there are bike racks and publish this.

Store Venues to Consider:

Apple Stores have auditoria where they hold classes and music performances. Who will they consider? Music acts that are selling nicely on Itunes. Who they book: Singer songwriters with solid skills and simple acts with music that appeals to the type of people who shop at Apple Stores - educated, intelligent, civilized.

Hot Topic stores are located in many malls. Who they will book: Emo and rock acts that can play an acoustic-only performance, with no drums, no screaming or loud vocals. The act should be young and hip and appeal to teens and be able to draw a crowd. No cover songs allowed, must play 100% original songs. The musicians do a meet-and-greet with the audience after the show and sell their CDs and merch.

Independent stores: Bassment in Chicago's Wicker Park has hip-hop in-store performances. In Los Angeles, many bookstores, comic stores, or other places will at times have in-store performances. Ask around and go make friendly with the store owners.

Malls: Most malls book musical acts. Most book far in advance. Some charge the act to play, ranging from a low permit fee to a large promo fee. Some do the opposite and pay the acts to play. Some take only acts that are sponsored or brought in by one of the stores in the mall. The usual playing location is a central area, whether indoors or outdoors. Who they book? Family-friendly, polished, accomplished acts currently touring or selling well. You are going to need to show a CD and a promo package. Some malls may also have times for local teen acts to compete or perform.

Record Stores: Independent record stores and some chains have music performances. Usually, they will only consider you if you have a CD or record being sold in their store. They also want you to be able to draw a crowd to the store, since bringing in potential local customers is the point of having you there. Some record stores that have in-stores:

California: Fingerprints in Long Beach, California. Amoeba Records in Hollywood, San Francisco, and Berkeley.

Chicago: Permanent Records on Chicago Avenue has Saturday all-ages in-stores. Saki on Fullerton has in-stores.

Bookstores: The Barnes and Noble and Border's Bookstore chains host musical performances. Who they are likely to book: Musicians whose work is being sold in the stores. Also, solo musicians or singer songwriters with music that blends nicely with a bookstore - pleasant, accomplished, not loud or disturbing.

Feel free to email me and tell me where and when you are playing an in-store!

-- Sue

Hollywood Translator



Hollywood Translator
by Sue Basko, esq.

To help you understand what is going on, it helps to use this handy Hollywood Translator:

When they say this...  ===>  It means this.

Let me get back to you on that. --->   Please stop calling me.

I'm searching for a role for you. --->  Who are you again?

You would be best in a serious role. ---> You seem old.

It's interesting.  ---> It's too weird to be marketable.

It's a challenging role. --->  The part calls for you to be ugly and/or mean.

Sure, you can send me your demo.---> I need a new drink coaster.

We want you to be part of our team.  ---> We can't afford to pay you.

We'll give you a piece of the picture.  ---> Or a piece of gum, which is worth more.

We'd love to work with you. --->  And we charge for all our services.

 Your script needs a few changes. ---> I am stealing your story idea.

 I'm a little hesitant.  ---> I love it and am afraid you will raise your price.

We're concerned about health. ---> You seem like an alcoholic, drug addict, or nut.

Our project is going great! ---> We're broke and about to be evicted.

We offer challenging internships. ---> Slavery-- anyone?

It's like "The Office."---> Well, we wish it was like "The Office."

Our act is like "Cirque du Soleil."--->   We use purple lights and fog machines.

Are you ready for the role of a lifetime?--->  Will you play the part of a pedophile priest?

We'll send these songs to Chris to mix. --->  He might be able to salvage this mess.

WHY Myspace Used to Be the Ideal Place for Rock Bands



WHY Myspace Used to Be the Ideal Place for Rock Bands/
The Death of Myspace

By Sue Basko, esq.

Myspace USED to work perfectly and was a showcase for rock bands and musicians at EVERY level of their careers. Everyone was on it, from the beginner to the superstar.

I used to have a beautiful music myspace, with slide shows and videos embedded on the front face -- and a huge photo up on top. I used it as a showcase for my legal/ music work, featuring videos and photos of people with whom I was working.

I work with rock bands, and I told all of them to use their myspace to create a showcase for themselves -- using HTML to give themselves a great background and layout that was unique to their style and message. Also, to put slide shows and embed videos on the front page.

WHAT MADE THIS POSSIBLE on the "old" myspace:

1) The flexibility of the page with HTML coding possible;

2) companies that sprang up providing layout codes, banners, etc, for free;

3) myspace has GREAT SEO (search engine optimization);

4) myspace allowed users to choose their own URL name, so these could easily be the band name if it was not already taken;

5) photo slideshow capability in many nice designs;

6) embed capability for videos from youtube right onto the page;

7) interior workings that really worked - the current page does not work, period, with long delays and entire functions that are not functioning;

8) front page of a myspace is totally open to the public even if they were not "members" of myspace -- this is what made myspace THE BEST for rock bands! There was no registering, no belonging required -- and anyone, anywhere in the world could hear a few songs of the band, see a nice slide show, listen to some videos of the group in performance.

The front pages are still open, but they now look terrible, are barely legible, have no style because there is no HTML capability, no embeds, no slideshows, the music player has ads, the photo quality and layout is abysmal (and the user can no longer control this) and the whole myspace experience is now quite dismal and unusable.

But the MAIN PROBLEM is that myspace now loads terribly slowly, even on a fast computer and fast internet connection. This makes it all but completely unusable by the viewer or the myspace owner. The programming of the myspace now just does - not - work. Period.

Myspace (before this change) was the ideal source for music journalists, bloggers, bookers, agents, record labels, radio DJs, agents, manager, venues, festivals, and fans -- to check out a rock band -- with no strings attached. The old myspace was widely used by the most major agents, record labels, and television shows as a source to locate new music and talent! It cannot be used for this now!

Myspace was always the showcase for bands. It was where you could send potential bookers, etc. Even record labels used it to screen potential signees. It was a one-stop place to see and hear the band upfront, real easy. Now it cannot be that. It is such a shame.

Myspace also used to have a wonderful blog set-up. I used my myspace blog regularly for serious blog essays as well as for embedding videos of musicians in performance. Myspace blogs had such great SEO that I could get hundreds of hits within hours of posting each blog. Now, the blog is buried, non-functioning, and a huge mess.

The computer programming that went into creating the "new myspace" was not done right, and none of the elements on it work properly. All over the internet, you can read complaints from the most avid users of myspace. Myspace has ruined itself.

This is the death of myspace, by suicide. Never have I seen a business ruin all the good things it has going in one swoop. All I can figure is someone is intentionally trying to kill myspace so they can take it over, whoever "they" is. The thing is, with the way people are jumping ship and being disgusted, there won't be much to take over.

Thanks for reading. You can email me at SueBaskoMusic@gmail.com

What is a Talent Agent
and How Do I Get One?


What is a Talent Agent and How Do I Get One?
By Sue Basko

For more info, please see:

A TALENT AGENT IS a person that represents an actor in finding work. A casting agent is a person that works for a production to help find the right actors for the roles. A talent agent works closely with casting agents to try to match their clients with the roles available. A good agent will know what shows are being cast, what the casting agent wants to see, and will be able to get an audition for an appropriate candidate. Talent agents make their money by taking a percentage of the money paid to the actors they represent for the work they arranged for them.

TALENT AGENTS ARE LICENSED BY THE STATE in California, Illinois, New York, and many other states! The states keep lists, some of which are online. If a person is not on the list, they are not an agent.

A TALENT AGENT WILL NOT: charge you money upfront, sell you photos, charge you for classes. A manager (different from an agent) often will suggest to you what you need in order to be represented, and will very likely have a good list of photographers or demo reel makers to choose from. However, if the manager is legit, they will never try to sell you any such items, and will never sell you a prepaid package of classes and photos, for example.

(When you are done with this post, for more info, please see:



WHO IS NOT AN AGENT: Companies that hold open auditions are almost never real agents. Companies that hold showcases. Companies that try to sell you classes. Companies that try to sell you anything. Companies that charge you registration fees or fees upfront are rarely real agents. IN CALIFORNIA, ILLINOIS, NEW YORK, AND MANY other states, anyone that is not licensed as an agent is NOT an agent!

HOW CAN I QUALIFY TO GET A REAL AGENT? You will be considered a serious candidate if you have these things :

1) serious and high-quality education and training in acting;

2) acting experience;

3) a proper acting resume;

4) photos of yourself;

5) an actor demo reel;

6) time to commit to acting and the ability to show up;

7) a track record of being reliable, responsible and easy to work with;

8) good health;

9) a wardrobe of clothes suited to a variety of typical role types (Many actors shop thrift stores to build a wardrobe of different looks. Having different eyeglass frames, hats, and bags suited to different character types is also good);

10) a look that is in demand;

11) live/ work in Los Angeles, New York, or Chicago;

12) SAG membership is a good plus, if you have been able to get it.

Some typical male role types include: father, businessman, blue collar worker, teacher, policeman, doctor, street gangster, henchman type, "funny" type, grandfather, hip young type, nerd, street person, various ethnic types.

Some typical female role types include: mother, businesswoman, teacher or librarian, hip young woman, sexy lawyer or doctor type, "chubby" types, "funny" types, grandmother, street person, elegant older lady, various ethnic types.

CHICAGO: In Chicago, talent agents are considered by the State to be employment agencies. Therefore, they are required to accept resumes and head shots from everyone and anyone. Most of those entries are never going to result in any work. It takes much more effort than this to actually have the attention of an agent.

Many people in Chicago will talk about their agents or about being with several agencies. In many cases, this simply means they have dropped off their materials at an agency. If you are a serious actor, you will be working with one agent exclusively. You can probably get this by having all the qualifications listed above and bringing this to the attention of the different agents.

Chicago agencies deal mainly with work on commercials. There is not much of this work right now due to the economy. Hollywood movies that are shot in Chicago are cast through Los Angeles agencies, although they may have very minor roles and extras cast through Chicago agencies. If you want an actual acting role, you must have a Los Angeles agent.

LOS ANGELES: In Los Angeles, agents are licensed by the State, but it is recognized that they must be selective. NEVER deal with an agent that is not licensed. You can check this database to see if they are licensed: California Talent Agency License Database. You should have all the items listed above. You must also move to Los Angeles so that you can audition. It is not a bad plan to contact agents before you move to Los Angeles, to try to interest someone in your career.

HOW DO I LOCATE A LICENSED AGENT IN LOS ANGELES?

Update August 2019 CALIFORNIA:  You can look up any person who tells you they are a California talent agent on this database.  If they are not on the database, they are NOT a talent agent!
https://www.dir.ca.gov/databases/dlselr/talag.html

There used to be a wonderful little book called "The Agencies," put out by Larry Parke, but Mr. Parke died and the book ceased publication. There is a somewhat comparable book, called "Agency Guide," now put out by Breakdown Services. You can purchase it for under $10 at this link by scrolling to the bottom book and ordering online.

Many Los Angeles agencies will say they are not accepting new applicants. However, your lawyer or manager may be able to get you in to be seen. The famous agencies tend to represent established, well-known actors. Smaller agencies in Los Angeles tend to have one or more specialties. For example, an agency may specialize in children, different ethnic groups, chubby people, alternative looks (piercings and tattoos) and other niche types.

Update July 2019 ILLINOIS:  https://suebasko.blogspot.com/2019/01/illinois-talent-agencies.html

IF YOU ARE OFFERED A CONTRACT: If you are offered a contract, have it checked out by a lawyer. If the agent is in California, check on the link above to be sure the agent is licensed. If an agent is licensed, they are regulated by the state and must follow certain laws. This is a very good thing that provides the actor with a lot of solid protection.

WHAT ARE TYPICAL BEGINNER ROLES: In Chicago, you will be hoping for commercials or print ads. As a beginner, your starting point will probably be in "extra" roles, sometimes also called "background." Speaking or directed roles usually go to SAG members. You can also get good experience by being in movies made by film students or in smaller independent films.

In Los Angeles, actors hope for roles on television shows and in movies. Beginners usually have three types of things offered to them: 1) extras or background in television, movies, or music videos; 2) game show audience members; 3) attending parties.

Are people really paid to attend parties? You betcha! The parties are usually openings for a product, service, recording, or production of some type. Fragrances and clothing lines are typical. In most cases, these are cast with young, good-looking people who are at least 21, if alcohol is to be served. The casting agent instructs them in what to wear, and they are forbidden from discussing their paid status, or anything controversial or of substance. So, if you are ever at a Hollywood party, and there are lots of good-looking young people who are dressed very similarly, don't seem to know anyone there, and seem very friendly and yet won't discuss anything -- you can bet they are paid party-goers.

You might also want to read:
Rob Adler on Acting, Teaching Acting to Children and Adults, Games, and Other Thoughts
Demo Reels: How and Why- with Darryl Harbeck
Using Songs in a Film Legally - Synch Rights
Using Songs in a Film Legally, Part 2: What about Music Licensors?
Character Actor: Interview with Dave Vescio
How To Register Copyright on a Screenplay Online

Ten Reasons to Invest in Independent Films



Ten Reasons to Invest in Independent Films
by Sue Basko, esq.

If you want to invest in something where you are sure to be repaid and to make a profit, most independent films are a very poor choice. It is extremely difficult and rare for an independent film to recoup its costs, let alone become a moneymaker. The few that do are usually made by experienced people, backed by ample funding, and distributed by a top-rated mainstream distributor.

But.. there are other reasons to invest in independent film. One can invest in things other than the moneymaking aspects of a film. By giving your money to make a film, you can:

1) Help support the filmmakers, so they can eat, have a place to live, and make their movie;

2) Help promote the story or cause of the film, if it is something you believe in;

3) Help promote the art of filmmaking;

4) Get involved in an interesting project;

5) Let the filmmakers get needed experience so they can move on in their careers and use this film as samples on their reels;

6) Get experience yourself as a film funder or executive producer;

7) Get into the filmmaking community;

8) Get invited to screenings, parties, festivals, and awards ceremonies;

9) Perhaps take a role in the film -- either technical, acting, promotion, design or sales of licensed merchandise related to the film, etc;

10) Your leadership role in the film can lead to other opportunities outside of film.

What is a Contract?




What is a Contract?
by Sue Basko, esq.

A contract is an agreement between two or more parties.

A contract can be written or oral.

If you agree to do something or pay someone for something, you probably have a contract.

Sometimes a contract can be implied, such as when someone provides you with a service that people normally pay for. Examples of this are when you go out to eat or go to a doctor.

The parties to the contract are the people or companies, or other entities that are agreeing to be bound by the contract.

A written contract is supposed to say what the parties have agreed to. There is supposed to be a "meeting of the minds" so that the parties are agreeing to what is in the contract.

If a contract says things that you do not understand or that were not discussed, or that the other party told you would never happen or that you could ignore, you may still be bound to those things in the contract. You need to have the contract revised before you sign it. Before. If there is something in the contract that is not agreed upon, it should not be in the contract.

There is no such thing as a "standard contract" that cannot be changed. There may be people unwilling to change a contract. Then, you should decide if you can accept it as is, or if you need to walk away.

A form contract or one taken from a book will almost never reflect accurately upon your agreement.

A contract can look like a fancy form. Or it can be simply written and typed. Or written by hand. A contract can be in the form of a letter. A contract can come in an email. Or by fax.

Or you might agree to a deal on the phone or in person; that may be a contract.

A contract might say "Contract" up on top, and it might not. It might say "Agreement" or "Deal Memo" or "Memorandum." Or it might not have any title.

You don't neccessarily have to sign anything for there to be a contract.

Many contracts are formed orally. Sometimes an oral contract is set in writing in a letter or email. This is sometimes called a deal memo. If you disagree with what it says, you must write that back right away. If you do not, that means you agree that the deal has been accurately described in the letter or email.

A contract may use "Terms of Art." These are words that have a special meaning in that field of law. 

 Sometimes the definition of the term is created within the contract, and sometimes they are special words known by lawyers who have studied that field of law. Words that seem normal can have very different meanings in a contract. This especially applies in entertainment contracts. It is very difficult to know what these contracts mean unless you have studied this exact field of law. That is why it can be very dangerous to have a family lawyer or a friend or other musician or manager try to tell you what music or film contracts mean. Often people who have taken a music law course or read a book will tell me what they think a contract means, and they are often very mistaken.

You can never contract to do anything illegal. For example, if you are 17, you cannot agree to be in a porn film. If you sign such a contract, it is not valid. Your parents cannot sign such a contract for you. It is illegal.

A contract must have consideration. That means that both parties agree to do something. One can provide a good or service, and the other can pay. Or both can provide a good or service.

There are many examples of consideration. To give an idea of how varying this can be -- Suppose someone says, "My band has a contract to play at a club." That sounds pretty good, right? But that contract can mean all kinds of different things, such as:


  • The band plays at the club and the club pays the band $500.
  • The band plays at the club and the club pays the band $500 only if 300 people come and buy drinks.
  • The club agrees to let the band play, if the band sells 300 tickets in advance -- and the band gets only the money from CD sales that night.
  • The club agrees to let the band play, but the band must pay the club $500 in advance and is allowed to charge a cover.
  • The club agrees to let the band play, but only if the band is well-known and does promo before the show.
  • The club agrees to pay the band $500, but only if the bar grosses $5000 that night.
  • The club agrees to let the band play that night, but won't pay them anything, but might give them a few free drinks.

These examples show why it is so important to read and understand a contract before signing. You need to know what you are agreeing to, so you are not surprised.

The more stake there is in the contract, the more important it is to know what it says and means. If the contract means your career, you better know what you are signing.



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