D Leigh Biz

As an artist or artist manager, you will find yourself across the table from various representatives of the music industry.  How do you protect your interests and/or the interests of your clients?  In the absence of taking a college course or a workshop specific to negotiation skills, you can educate yourself by various means such as books, podcasts and related videos on sites such as YouTube.  In this article, I will provide guidance I have learned from reading the book Getting To Yes: Negotiating Agreement Without Giving In by Roger Fisher, William Ury and Bruce Patton.  These gentlemen are members of the Harvard Negotiation Project, which is part of the Program on Negotiation (PON) at Harvard Law School.  They have extensive knowledge in the area of negotiation and have written other books on the topic, which are referenced at the end of this article.

In terms of the book, Getting To Yes, the first sentence of the Introduction section says it all, “Like it or not, you are a negotiator”.  We employ negotiating skills in a multitude of situations, such as buying a car, accepting a job offer, and even making family decisions on where to vacation.  The authors provide some great techniques to ensure a successful negotiation, and it’s not the hard-nosed tactics you may have employed in the past.  For instance, the four points of their principled negotiation method are:

Using these techniques can create better, more engaging relationships with the other party, which can in turn forge the path for more constructive business dealings. 

            Principled negotiation had been adopted in various forms in practice and teachings.  For instance, Dr. Thomas N. Deuning discusses these concepts as a way to conduct “interest-based negotiations”.  His webinar, Principles of Negotiation, shows how conventional negotiation methods are ineffective.  This includes a win-lose attitude, asserting positions and personal preferences, being stubborn, threats, and bluffs.  Furthermore, he re-introduces the concept of having a BATNA (Best Alternative To a Negotiated Agreement).  Duening goes a step further and provides four steps to acceptable negotiation outcomes: 1) obtain substantial results, 2) influence the balance of power, 3) promote a constructive climate, and 4) obtain procedural flexibility.  This information was extremely valuable in creating my negotiation process going forward.

Another resource that I found to be very informative was a video posted of a class conducted by Joel Peterson at Stanford University’s School of Business entitled “Conducting Effective Negotiations”.  He notes that the course was formerly titled “How to Negotiate When You Absolutely Have To Have The Deal”.  He commented that he would hope that no one would allow himself or herself to be placed in such a position!  In terms of business negotiations, Peterson states that the main deliverables are typically price, terms, timeframes, warranties and remedies.  I very much appreciated his take on the use of “dirty tricks” in negotiations.  In the video, he and the class members have an enlightening discussion about the various things they have witnessed, such as, being locked in the negotiating room, abusive language, shouting, lack of breaks and stalling to extend the meeting time.  His advice to the class was to “call them out” on the behavior, plan for contingencies, make the behavior ineffective or to simply ignore it.  He refers to a quote that states, “don’t wrestle with pigs, you get dirty and they enjoy it”! Another great learning was to treat the negotiation as “just a conversation”.  This makes it a less intimidating activity. 

Getting to Yes was originally published in 1983.  Since then, there have been other advances in negotiation techniques.  But the initial concepts have endured over time.  William Ury has been a consultant for the White House and has been involved as a mediator and negotiator for various global issues.  Recently, he has been involved in the Abraham’s Path Project, which addresses the Middle East conflict by encouraging people to travel the path of Abraham to recognize mutual benefit.  In his TED presentation, The Walk from “no” to “yes”, he talks about ways to resolve conflict and have better negotiations.  I was very impressed with the story he tells related to his interaction with a tribe in South Africa.  There are 3 tools utilized to minimize the outbreak of tribal war; 1) hide the weapons, 2) cooling off periods, and 3) the 3^rd side.  The 3^rd side is a concept of community, family, friends, etc. that helps you be more reflective and put things into perspective.  This in turn, reminds you of what’s important, and refocuses your efforts toward mutual gain.  He notes an African proverb that says, “When spider webs unite, they can halt even the lion”.   

I would encourage you to access the resources noted in this blog posting to improve your ability to negotiate for yourself and/or your clients.  Being well informed and prepared are your best weapons to ensure that no one takes advantage of you during those discussions.  Keep in mind; these techniques can be employed within all types of negotiations, including personal relationships with spouses, siblings, parents and children.  Learning more about appropriate ways to negotiate will allow you to be more objective and seek mutual gain. 

References

Fisher, R., Ury, W., & Patton, B. (2011). Getting to yes: Negotiating agreement without giving in. New York: Penguin.

Conducting Effective Negotiations

http://www.youtube.com/watch?v=rCmvMDrCWjs

Principles of Negotiation Webinar

http://www.youtube.com/watch?v=zgkahscrvf8

TED talk – William Ury: The Walk From “no” to “yes”

http://www.youtube.com/watch?v=Hc6yi_FtoNo

Additional Resources

Fisher, R., & Shapiro, R. (2006). Beyond reason: Using emotions as you negotiate. New York:Penguin.

Ury,W.(2007). The power of a positive no: Save the deal, save the relationship, and still say no.  New York: Bantam Dell

Stone, D., Patton, B., Heen, S. (20xx). Difficult conversations: How to discuss what matters most.  New York: Penguin.

Those who have backgrounds that include business or technical instruction know the importance of creating a plan in order to succeed. In the music business, the art of planning is not always exercised.  Most musicians see success as a “hit or miss” proposition, believing that a fan base or networking is the only way to make it big.  I beg to differ.  Planning is an important part of success in any career.  Now, I admit, I tend to “over-plan”.  I don’t shop without a pre-written list, I utilize a daily planner for my “to-do” items, and I still have a separate account for automatic deposits from my paycheck for holiday savings.  Can you say ANALytical?!  Ok, that may be a bit much for most people, but don’t discount planning as a tool to move you toward your goals.

I recently read an article by Peter Spellman, Director of Music Business Solutions (mbsolutions.com).  Peter has over 15 years of experience in artist development.  He is the author of The Self-Promoting Musician: Do-it-Yourself Strategies for Independent Music Success (Berklee Press) and is currently the Director of Career Development at Berklee College of Music.  His article is titled, PLAN YOUR WORK, WORK YOUR PLAN: Creating A Map to Music Career Success. This article provides some great guidance for both musicians and managers.  He notes that “more often than not, musicians tend to get nowhere because of the absence of a map.”  But he also acknowledges that the map should allow for flexibility since there are many paths to success in the music business.  Having goals can be the difference between playing gigs part-time at your local club or becoming a national recording artist.  He quotes a study by the Ford Foundation where it was determined that 10% of the population had specific goals, but only 7 out of 10 of those people achieved their goals.  The top 3% had an 89% success rate, mainly because they wrote down their goals! 

One way I have started to claim my success is by creating a vision board.  I first became aware of this tool in reading The Secret by Rhonda Byrne.  I was awed by the story told in the book by John Assaraf, whereas he visualized a home he wanted to have, and years later actually purchased the home.  My vision board consists of pictures of the future I want for my clients and myself.  I plan to make sure my clients have clear goals, with the understanding that my job is to help them get there.  Here are a few of the strategies that Spellman notes in his article that I plan to employ.

These tips can help you to stay the course and realize when you have veered from your desired goal.  Be sure to take a look at Spellman’s article and note the additional resources that he provides (book titles, websites, etc.).  I found these to be equally informative.  Please be sure to leave a comment to let me know your thoughts.

D. Leigh

In today’s world of digital music, mixtapes, viral videos and Kickstarter, many wonder whether it’s worthwhile to be signed by a record label.  As long as you have loyal fans, gigs on the calendar and the freedom to make the music you like, why bother?  Well, it really depends on how large you envision your audience to be.  If you want to be well known in your city, then what you’re doing is probably enough.  But, if you want your music to be on a national or international level, you will need some marketing support and financial backing.  Therefore, this blog posting is for artists and managers interested in the “big leagues”.  For those of you still in denial about wanting to be signed to a record deal, this chart is for you…

Recently, I read a report entitled Investing in Music: How music companies discover, nurture and promote talent.  I highly encourage all artists and managers to read this document; I was truly enlightened.  This report was published by the IFPI (International Federation of the Phonographic Industry) and WIN (Worldwide Independent Music Industry Network).  IFPI is a not for profit professional association that represents the international recording industry and is affiliated with the RIAA (Recording Industry Association of America).  Their stated mission is to:

Plácido Domingo, world famous tenor and conductor, is the current chairman of IFPI.  He notes that to have a successful career in music, besides talent, you must have “ambition, passion, boundless energy and a relentless commitment to hard work.”  The report is comprised of sections related to record label investment, discovering and signing talent, nurturing talent and promoting talent.  The report provides great insight in terms of how record companies perform these functions.  And for those who are nurturing and promoting talent, it clarifies the label’s role via their A&R functions. 

So, how does a record company help?  Mainly, their investment includes payment of advances, tour support, marketing and promotion costs, financing recording costs, and even music videos.  They typically have a team of people who assist in all aspects of your career.  They can also assist in brokering collaborations with top people in the industry including producers, videographers and other artists.  A record label is also adept at developing synch deals with various brands to help promote your music.  This doesn’t negate the role of your manager, who will provide guidance in negotiating a deal with a record label along with your attorney.  You can also clarify if you want your manager to continue performing their current function. 

So don’t automatically decide you don’t want to work with a record label, there can be great benefits in creating this type of partnership. 

Be sure to leave a comment with your thoughts on the report. 

D Leigh

As I sit tonight watching the American Music Awards, I am inspired by how the music industry recognizes talent.  They recognize the hard work and effort that it takes to deliver the songs, create music videos, and execute national tours.  And the recognition is plentiful.  Here’s a small list of award shows:

BET Awards (Black Entertainment Television)

CMA (Country Music Awards)

MTV Music Awards

Soul Train Music Awards

Billboard Music Awards

GMA (Gospel Music Award)

But ask any musician, and they’ll tell you that the highest recognition is the Grammy Award.  It’s like getting an Oscar as an actor.  So, new musicians watch the Grammy Awards year after year and they see this as the Mount Everest of recognition. But did you know how much they do for both current and aspiring artists?  Well, I’m going to show you how you can start interacting with the Grammys today! 

The GRAMMY organization has various divisions that impact the industry and the community.  First, The Recording Academy provides resources for music industry professionals.  You can vote and participate in the GRAMMY Awards process, address your rights as a musician, attend events, network, and have access to GRAMMY365.  They also advocate for the rights of music people, and provide outreach programs and student initiatives such as the GRAMMY U program.  Membership includes singers, songwriters, producers, managers and other professionals in the music industry.  But one of the best benefits is the ability to share your work and solicit advice from other music professionals.  Here is their mission statement:

As the preeminent membership organization for musicians, producers, engineers and other music professionals, our mission is to advance artistic and technical excellence, work to ensure a vital and free creative environment, and act as an advocate on behalf of music and its makers.

Another division is GRAMMY U.  This service helps college students intent on pursuing a music career.  They provide networking, educational programs and opportunities to perform.  It also provides access to industry professionals.  For high school students, there is the GRAMMY Foundation, which sponsors various GRAMMY Camp programs.  They also advocate for music education in school systems by providing awards and grants to public schools.    

And if that wasn’t enough, they have a philanthropic division called MusiCares, which provides assistance to music people who are in need.  This support includes medical, financial, and personal issues for those who are in or nearing a crisis situation.   

Having said all of this, I have an enormous amount of respect for this organization.  So, I just submitted my application for membership.  You should too!

  So, here’s something you may not know, I’m a huge movie fan. So, for this week’s blog, I’m going to enlist some help, “from my little friends”, to discuss a very important topic for talent managers.

Remember this line from the movie Wall Street; “Greed, for lack of a better word, is good”?  Then came the collective gasp heard ‘round the world.  How could one of the 7 Deadly Sins be touted as a good thing?  That would be akin to saying disagreement is good.  And in today’s business world, even that statement might be seen as blasphemous, revolutionary, or even irrational.  But, contrary to popular belief, a disagreement simply means you have a different opinion, different beliefs, or even different facts.  Over the course of history, there have been many brave people who were willing to “disagree”.  In the words of Agent K from Men In Black, "1,500 years ago, everybody "knew" that the earth was the center of the universe. 500 years ago, everybody "knew" that the earth was flat.”  And who’s to say that everything we “know” today will hold true in the future.  Therefore, disagreeing has some merit.

Recently I watched a video on Ted.com by Margaret Heffernen, author of Willful Blindness.  Margaret’s career started in television production, and she eventually became the CEO of five businesses.  In her Ted.com video, she talks about the importance of allowing people to disagree and the benefits that can be derived from these debates.  She speaks of Dr. Alice Stewart, a pioneer in research regarding the effects of the X-ray machine when used on pregnant women.  Margaret also relates a story about an executive who was hesitant to speak up about an issue, and how his silence could have endangered patients.

 

I was very impressed with Margaret’s storytelling ability.  She didn’t use PowerPoint slides or videos, but was able to keep the audience engaged simply through telling a compelling, engaging story.  She also provided an interesting statistic in regards to people’s hesitancy to disagree. She states, “In surveys of European and American executives, fully 85 percent of them acknowledged that they had issues or concerns at work that they were afraid to raise.”  If executives feel this way, imagine what the statistic would be for those at lower levels in organizations.  Malcolm Gladwell discusses how culture can play a role in conflict avoidance and how the result can be tragic.  

This video inspired me to make sure my voice is heard in all situations.  Having the courage to stand up for my clients, and what is right, will be an important element of my brand. My final quote actually comes from the book that a movie was based on.  In, To Kill A Mockingbird by Harper Lee, she states, “Before I can live with other folks I’ve got to live with myself. The one thing that doesn’t abide by majority rule is a person’s conscience.”  Words to live by.

As you begin working with your clients, one very important aspect of your role as an artist manager is to help them make good decisions related to promotions.  For new bands, a manager needs to help them navigate through a plethora of choices related to social media, promotional giveaways and branding.

In regards to social media, there are numerous sites available.  The key is to understand the value of this medium.  It’s not just for kids anymore; it has become a necessity in terms of reaching mass audiences.  Social media has revolutionized the way we seek, find and engage with others.  As you work with the band to determine which sites to use, an important thing to remember is that fans expect two-way communication via sites such as MySpace, Twitter and Facebook.  Simply providing your gig dates won’t be enough to keep fans interested.  Be creative by uploading videos to your website and YouTube, providing frequent updates, and delivering postings that entice fans to visit your sites often.  For musicians, knowing how to use online resources to build a fan base can make the difference in being a local artist versus a national or international artist.

Promotional giveaways for musicians can include tee shirts, wristbands, posters, and even free music.  Fans appreciate these types of items and it supports your efforts to build a fan base.  In terms of music, you may consider uploading your artist’s tracks on sites that allow free downloads such as DatPiff.com. If your artist balks at the idea of giving away their work, refer them to this article related to the benefits of providing free music.  Another type of promotional giveaway is a media press kit. This kit will provide venue owners with information about the artist and a sample of their music.  I am currently working on a media press kit for the band I represent.  I have created a project timeline and the band has agreed to the contents.  Various band members have been assigned to complete tasks.  This ensures that everyone works together as a team and has some ownership in the final product.

Finally, it is important to assist in developing the artist’s brand.  They may lean toward the outrageous like Lady Gaga or Nicki Minaj; or they may be more subdued such as Maxwell or Jill Scott.  As their manager, you should encourage them to be true to themselves.  Trying to maintain a persona that is not authentic can be taxing, and this energy should be used for their creative endeavors.  An artist shouldn’t feel hindered by their image.  Their brand should be a reflection of them and their music.  They should be confident in who they are and the talent they possess.  Your encouragement in these areas can help propel your artists to successful careers in the music industry.

As noted in the previous blog posting (September 8, 2012), there will inevitably be turnover in a band.  As you can imagine, the reasons are numerous.  Here are a few that you may encounter:

If you are a band member who is struggling with whether you should stay with a band, take a look at this article to help with that decision.  As with most things in life, be sure to think through the pros and cons, and don’t make these types of decisions when angry or highly emotional. 

On the other hand, you may be managing a band that needs to replace a member.  Knowing what to look for may reduce turnover in the future.  Your role is to help make sure this person is a good fit.  The candidate should audition for the band, and you should assist in the interview process.  Ask questions about their background, aspirations, availability, talents, etc.  You can also ask more targeted questions such as, “give an example of a difficult situation you encountered and how you handled it”.  It may be beneficial to use targeted selection interviewing in order to determine past behaviors, which can be predictors of future behavior.

The band I manage, Three Story Hill, recently added two new members.  The first addition was a new drummer to replace one that was not performing well (see #2 above).  The other new member is a vocalist.  We hope these changes will make a difference in the musical quality of the band as they prepare to record some tracks for an EP.  This EP will become an integral element of their press kit, along with video footage, a band biography and photos.  This will be a great marketing tool to introduce the band to venues.  In a future posting I will chronicle our efforts to complete this endeavor.