Types of Agents

If you ask 10 different agents what they do in a day and what their typical duties are, you will get 10 different answers. The truth is just like every musician, every agent has something different to offer. There are independent agents, agents connected to big agencies like William Morris or CAA, agents who have started their own agencies; big agents and small-time agents. Some musicians can go through three or four agents in their careers. The trick is finding the type of agent you need at this point in your career.

Primarily, agents book gigs and organize performance fees for an artist playing. Unlike what you see in the movies, agents don’t organize travel plans, promotional work or stage production. That’s what a band manager does, “We get artists gigs,” says Bruce Houghton, president of Skyline Music, “No more and no less. In the current environment, we also advise the artist and often managers about how best to navigate in what we like to call ‘the new music business.’ ”

Agents typically work for 10 to 15 percent of what the band makes at a performance they have booked. That means many agents are only interested in representing artists who already have a large following and sell out clubs and venues or are looking to take their career to the next level. So why get an agent if all they do is dial a phone number and call a club? Easy. Connections. No matter how hard a musician may try, there is often a limit to how far they can with only their own contacts.

What They Do

“We all know various types of clients,” says S.S. ‘Sparky’ Sparks of The Sparks Agency, “Basically, it’s the connections and a full-time commitment to the job—the business of the business. [I also] know to ask questions that the band may not think of asking, like ‘Is it going to be outside?’ or ‘Will you be filming done?’ and ‘What percent we get from that?’ and ‘What does the band get out of it?’ These are things a good agent [will] do.”
However, keep in mind that an agent will inevitably be concerned about the bottom line, and that bottom line is how much money they’re getting.

“My job is a professional middleman and to give both entities, the band and the venue, the tools to have a good performance,” Sparks says. “Entertainment booking is translation. It’s our job to make sure both sides of the fence are treated well and happy so it’s easy to book a second time. You have to sell to make money in this business, and you only get 15 to 20 percent of that date. That’s the bottom line.”

Most individual agents represent anywhere between 10 and 20 artists depending on the size of the agency and size of the artist. Houghton from Skyline Music recommends looking for a 10 to 1 ratio of artist to agents. According to Tony Saldano, CEO of T&T Management and Booking Agency, agents tend to focus on a few clients in order to compete with the number of gigs out there as well as give each agent as much individual time as possible. The amount of individual time can range depending on the client load of the agent.

“I care very much about providing (musicians) with the best services I can possibly provide, and care very much about their needs as both people and artists, as their successes are also my own,” Saldano says. ”Their failures are a reflection on me as well, and that is why I prefer not to spend my time wasting it frivolously.”

Sparks says that he hasn’t seen much competition among agents themselves, and that agents will actually help each other get gigs at time. Houghton however, says the market for gigs is very competitive if a band doesn’t easily sell tickets.

Keith Case, owner of Keith Case and Associates also says that for some clients he offers a to book interview requests, hotels and anything else they may need if the artists don’t have a manager who can book their dates and accommodations for them. While it may contradict the sometimes elusive nature of an agent, many can be very attentive once they’re hooked in with an artist. “It’s hard to get us to sign an act, but after we do we go to war for them and will be bloody stumps before we give up,” Houghton says. “If you can’t find an agent that makes you feel that way; keep making calls yourself.”

If you dream of fame and fortune, your best bet may be to go for a major label. One advantage to major labels is their size and large staff means more manpower, money and connections behind you to promote and distribute your album. These labels don’t just stick to the U.S., they often promote albums internationally and book foreign tours. Sound exciting? Before you set off for L.A., you may want to learn all the facts about major labels—the good, the bad and the complicated.

What is a major record label? For starters, there are the Big Four: Sony BMG Music Entertainment, Universal Music Group, EMI Music Group, and Warner Music Group. These labels are the top of the umbrella group, and have several smaller labels below them. For instance, Warner Music Group manages Warner Bros Records.

At major labels, you can get a lot of bang for your buck. Perks can include large advances, possible fame, a larger advertising budget, and the ability to distribute and sell millions of records. Despite what movies or television may tell you, some A&R representatives work very hard for their artists. They pride themselves on doing everything they can to further the artist’s career, and they often have several other people working with them.

Craig Aaronson, an A&R Executive at Warner Records, believes that major labels offer artists a chance to reach bigger audiences through several different venues. He feels that despite cushy budgets, artists can feel more confident about their album with a whole staff of people behind them. “I think we have a lot of resources,” Aaronson says, “We have a large staff that can work in all the different areas of marketing. We’re [ultimately] there to try and enable artists to reach a bigger audience.” But going with a Biggie doesn’t mean you’ll be lacking in personal attention, “I’m very close with all my artists and there’s always a core group—between five and ten people—that work extremely closely with artists on a day-to-day level and become their family at the label,” says Aaronson.

Depending on the label, artists can also have majority or complete creative control. While the record label maintains rights on the final record, Aaronson says Warner Records takes pride in giving their artists an album they can be proud of. A&R people are often protective of their artists and go to great lengths to help them with their albums, and Aaronson maintains, he’s no exception, “I kill for my artists, I work really hard for them.” And over time, that hard work has paid off. “They know we get in the trenches and roll up our sleeves and do the work that any company would do for an artist they care about.” The Warner Executive adds, “I do it. I live it. And I work around the clock for my artists.”

If this kind of passion and publicity is what you want behind your work, there are a series of steps you’ll have to take to get signed to a major label. The first is to research and find an agent or manager. One thing to remember is most A&R reps at major labels do not take unsolicited material. An agent, manager, lawyer, or prestigious music industry individual will have to send it in for you.

Another way to be noticed by A&R reps, of course, is to have them find you themselves. After all, the job of A&R people is to find new talent. They’re constantly scouring clubs and music venues looking for the next big talent and the next great song. But short of trolling the streets of Hollywood with your guitar, how do you make yourself attractive to an A&R Executive?

Tim Carthart of Warner Records, says the trick is to be yourself. “[Musicians can be noticed] by writing original music and by showing that they’re willing to work really hard for their careers,” he says. “They can show [us] by touring, selling their own CDs and promoting their band online, and showing improvement in songwriting.”

And when you do get noticed, you’ll want to arm yourself with an entertainment attorney. These lawyers have specialized knowledge of the in-depth complexities of music contracts, which can be filled with loopholes and complex clauses. Music contracts can be as long as 50-60 pages. Glenn Litwak, an entertainment lawyer that represents B2K and Omarian, believes artists should look for lawyers that specialize in their particular genre of music, “If they do country music, get a music lawyer in country music. If they do R&B or Blues, they should [find] an R&B music lawyer.”

Now let’s talk money. if you get an advance, will it pay for a Kia or a Ferrari? The first thing to remember is that every contract is different. Music contracts usually reserve artists for a certain number of albums, anywhere from one to eight. Normally, the artist is signed for one to two records. The artist is given an advance that can range from $5,000 to several millions, depending on the clout of the artist. Don’t get too excited though, that money is all repaid to the record company through royalties. That means if you get an advance of $300,000 and your album sells ten copies, you have to pay the record label back that entire wad of cash.

Reality check! The Internet is full of tales of woe about major labels “stiffing” artists. True or not, record contracts are long and complex to protect both the label and the artist. Each contract is different, so have your lawyer look things over. If you’ve written your own songs, make sure you’re getting publishing royalties as well. This means more money in your pocket because you’ll get both mechanical and publishing royalties.

Of course, some divas may find major labels too limiting for their taste. Large labels have several artists, and some artists may not get the attention they might get with an independent. Again, this all depends on the label. But for those high-maintenance artists who want a label at their beck-and-call, this may be a deal-breaker.

Before signing a contract, make sure you know who owns what. Some contracts may stipulate that the large label owns the rights over the final product. Which means that after spending months on your album, the label can change it at the last second if they fear it won’t sell well. This is how the label prevents itself from losing money they spent for studio time and recording costs. If you’re a pop artist and you come out with a jazz record at the last second, the label has a right to fight you for the album they commissioned and paid for.

To clarify, the record label owns the actual physical recording on the CD. The artist owns the music in publishing, which means the song itself. And there are no limitations on performing or singing the song during a concert. So sing on!

After all this, what’s the first thing you should do as an aspiring artist? You guessed it—go out and sing! “The best advice I [can] have is go build something on your own,” says Warner Exec, Aaronson. “Go out there and tour. Don’t rely on anyone else to promote you. We’ll find you.”

After all, that’s his job.

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To some listeners, college DJs may not seem like a big deal. But the truth is college DJs serve a greater purpose—for them, it isn’t about just having fun doing a university job. College radio DJs are the gatekeepers of college radio, which for indie artists and college bands is an open forum to have their music heard for the very first time. And best of all, college radio is a safe haven where any band can play and get played, without having to worry about ratings.

New Mexico State University DJ, Glory Reichelt says the impact of college radio stations like KRUX-FM, where she works, is often overlooked, “It’s a useful tool for artists [and] I think it’s a really strong medium,” she adds. “It’s a really good starting ground and [college radio DJs] feel they’re overlooked for playing that music first. [That’s] a lot more important than people think it is.”

So why are college DJ’s so important? Since university radio stations are independent and not controlled by university politics or advertising, they’re generally focused on promoting “pure” music. College DJs introduce new music to the masses and give airplay to bands that may never otherwise be heard—they’re like a petri dish for the music industry.

And for college students, college radio is the ideal—a radio station with music they actually like, run by people their own age. For students who ultimately get involved as DJs, it’s a wonderful experience to meet people who share their passion for music. And it’s more than just a job—it gives them an opportunity to express their feelings, thoughts and musical styles.

“The first thing is that [college radio] can be used [as] a voice for students,” KRUX DJ Glory says. “Kids are allowed to play the music they want to play. They feel [they can] express themselves and people are able to hear [music they] may not have been able to hear before.” For other students, it means being around their own kind, “I think what college radio does is important because it creates an environment for people with like-minded interests to get together and do something they all like,” says University of Texas DJ and Station Manger at KVRX-FM, Loren Seeger, “It’s a good way to learn about new music, old music and the history of music. [Also] it’s a good way to really explore the whole genre of College Rock and explore lesser known acts—people who are struggling to get noticed.” For many college students, finding an indie band no one has heard of is like finding buried treasure. And for indie bands hungry for airplay, college radio stations shine like a beacon of hope in the cruel recording world.

Independent labels—the mavericks of the industry—pride themselves on providing individualized service to the artist and staying true to the music.

However, you’re not as likely to get famous on an indie recording label, though it has happened before. Ani DiFranco, Hootie and the Blowfish and Edwain McCain are all independent label artists. In DiFranco’s case, she actually went one step further. She started her own label—Righteous Babe Records—and turned down lucrative deals from larger labels. “The label was started by Ani as a way to put out her music,” says Susan Tanner, a representative for Righteous Babe. “In order to do what she wanted to do, and serve her best interests, she started her own company. She pretty much figured ‘I’ve done it myself and I’m happy to keep doing it myself.’ “ Tanner adds, “We’ve expanded to include other artists, but we are still primarily Ani’s label.”

So, if there’s no guarantee of getting rich and famous, what’s the point of signing with an independent label? Independent labels offer several advantages, such as more creative control, larger royalties and merchandise and promotion profits. It’s a great way for fledgling artists to break out of anonymity and distribute their music by manufacturing CDs or online promotion.

And in many cases, independent labels only sign a few artists in order to give each one more individualized attention. It’s easier for an artist to create a ‘niche’ in the industry and find a certain audience, as proven by Righteous Babe Records. “There isn’t someone who sits and listens to everything and says, ‘We should sign this artist,’ “ says Tanner. “To date, the artists we’ve released have come from Ani—people she admires. It’s quite different than other companies.” She explains, “Some of the artists, like Kurt Swinghammer, may not have seen a release in the U.S. if we had not put it out. They may not make ‘popular music’ but they are artists who are very passionate about their music.”

But no indie label is perfect. Some of the disadvantages to signing with a small indie are not having a lot of money for distribution, advertising or publicity. So you end up taking two big risks: The first—you may not sell many records (translation, don’t quit your day job,) and the second—if they’re not selling records, the label could go bankrupt, which means you’ve lost countless hours or work and money.

David Meme of Loca Records, a UK-based indie record company, confirms that these kinds of common problems in the independent music industry mean that small labels often have with a tough time faring against the majors, especially when it comes to promotion. “It is so expensive you cannot conceive,” Meme says. “And we have no chance of competing with the majors and major-independents. So, tiny labels and artists tend to rely on word-of-mouth, random and cheap promotional techniques and, in the end, sheer obstinate stubbornness [to promote records]. [You’ve gotta take the attitude] ‘this band is fantastic and I will wait until everyone catches on!’ To be honest, I think playing live is the best bet for independent promotion; that and the college or university tours.”

And just as there are different artists, there are several types of independent labels that an artist can choose from. Here’s a list for you to consider.

The first is the self-starter label such as DiFranco’s Righteous Babe. If you’ve got brains and guts, starting your own label may be the best thing for you. Originally, DiFranco was the sole artist signed to Righteous Babe. Now, there are thirteen successful artists who sell 3—5,000 records a year.

The second type of label is an independent online record label that sells music through an online catalogue or print-on-demand CDs. A prime example of a label with this kind of success is Magnatune. Magnatune maintains they want everyone to win. The company hand-selects artists and gives the artists an incredible 50% of all profits. Artists also retain all rights to their music, and they are free to sign with another label whenever they wish. “Artists who sign with Magnatune are independent themselves,” says Teresa Mangalo, Vice President of Music Licensing and Partnerships at the indie label. “They [musicians] are looking to partner with a label that will allow them to be creative and support them, as well as provide online distribution. With us, artists keep the copyright to their music and receive 50% of album sales. Basically, musicians love Magnatune. We make money for them.”

The third type of independent label is called the creative commons license label. This one’s a bit tricky, so pay attention. The creative commons license is a worldwide, non- profit organization that allows listeners to hear the music before they purchase it. The label doesn’t own the artist, and the artist doesn’t have to sign over his rights. By sharing music, artists are supported by fans and other artists.

Take UK-based Loca Records, for example. With six artists, they have chosen to non-exclusively release records under the creative commons license. After feeling suffocated by major labels and gypped by copyright laws, Loca feels the creative commons license allows them to fight for free speech and free expression. This frees them up to focus on the music. “I think everyone has suffered from the large corporate labels and their attempts to sew up the music industry and turn it into a factory,” Meme says. “[It is about] honesty. The labels don’t tend to make much money from their releases and so [they] do it for the love of music. This means that the artist is more likely to be talking to attentive, interested, if often overworked, people at the label who genuinely care about the music.”

And finally, the fourth type of label is a distribution system that does all the dirty work for a small fee.  Independent Records, for example, provides a “shell” for independent artists and catalogues. Independent offers a list of providers that register, master and distribute the release. The artist retains all ownership, licenses, publishing and profits from their release. So what’s the catch? Independent provides bar codes that you need to distribute, but you do all the hard work. They won’t market or sell your album for you.

Whether you decide to don a pink tutu and tights or sprint off to start your own label, independent labels offer you plenty of choices. You may not get rich and famous right away, but you’ll be keeping it real, indie style.

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