my 6-member band is currently evaluating record contracts from labels. what do i look for/how do i protect my rights and ability to work on projects outside my band as a solo artist? i want to contribute songs to my band and record and tour with them, but i don't want to be tied down to only that project. i want to be able write songs for my solo career, play other shows solo and with other bands and be able to record a solo record. basically not sign all my rights to everything i do over to label that the band is signing to.
any songs i submit to the band would belong to the band agreement. my solo songs/performances would likely consist of entirely different songs (there is a chance i could do a band song if i ever played solo live shows, but that is not an imminent concern)
You should probably get ready to hire a talent agent or attorney. Based on your concerns above, need to start looking for provisions in proposed contract that talk about exclusivity, non compete/competition, and restrictive covenants. You do not want to accept a restrictive covenant which limits your ability to freelance. You cannot accept what is a called a non-compete agreement, nor agree that the label have exclusive rights to your individual labor, talent, or performance. I would also suggest that you talk about these concerns with your band mates. If everyone is on the same page, then the group can speak with one voice to labels on the subject. It may complicate matters or make it more difficult to sign, however. Labels typically want exclusive rights to a performer. When you go out and perform at a local pub, or record with another band, you are watering down the label's rights to sell your music. It similar to any employment situation: an employer typically doesn't want his or employees competing against them in the same marketplace for the same target demographic spending the same consumer dollars.
There are other legal and business issues that you need to address if you intend to reserve your rights as a solo artist, foremost among them copyright and licensing. Who is going to own the rights to the band's songs and will you have the right or license to perform them on your own for example? Feel free to contact me to start discussing these things. I repeat my advice to discuss these with your band mates and keep a dialogue open about everyone's expectations. Nothing can blow up a deal like lack of communication and diverging expectations when people simply assume everyone wants the same thing.
BEFORE you speak to an entertainment attorney you need to do your own homework on the business of music.
The following links are to books that will help you and the website includes links to other useful books: http://j.mp/bJasBO and http://j.mp/c9ZXur . Also, visit http://www.indieguide.com [which provides much inside information and a free indie band survival book] and http://j.mp/9OZKW5 [site to buy the 2010 version of the Indie Bible].
If you want to make music that's a wonderful and satisfying hobby. But if you want to make money making music then you've crossed the line into doing business and, by definition, that means you need to know what you're doing. No one can -- or will -- spoon feed you that information. There's no getting around to doing your own homework. Good luck.
