A & R Companies: Should You Pay Someone to Shop Your Music Project?

There was a time when an aspiring singer/performer would hope for the chance to audition in front of a known record producer in the hopes of getting that producer to take them into the studio to record a song. When I was in my 20's, musicians and singers (myself included) would often work extra hours on their jobs, or even get a second job so they could afford to go to the studio on their own to produce a demo tape. They could then make copies of the tape (cassette) and present it to various record labels and pray for a response. I used to make some of my presentations in person by appointment, went to a few music conventions, and so on. I can't even begin to remember how many cassettes and CDRs I made and sent through the mail. The general practice of labels was to only respond to the projects they found highly interesting. And that would only be a fraction of a percent of the hundreds of thousands of these projects mailed by desperate musicians each year. The rest got no feedback at all.

Then there were the entertainment lawyers that doubled as A&R representatives. They would take copies of your project, usually about 10 at a time, and sign you to a contract that stated that they'd 'shop' your music to their record label contacts. This would be an exclusive contract; meaning that for a specified period of time (usually 6 months to a year) the lawyer was the only person that was officially allowed to shop the material. And if by chance a possible deal was presented to you directly, the entertainment lawyer had to be informed, and your contract with him would still apply. Yes, he would still get his cut, even if YOU found your own deal. But, that was not a totally bad thing because at least you wouldn't have to pay legal fees to anyone else; you've already got an entertainment lawyer under contract.

So where was the problem with signing a 'shop' contract with an entertainment lawyer? Well, the lawyer would usually charge a fee for the contract term, which could be from $500 to a few thousand. This would not be a problem if the lawyer really dedicated himself to getting you signed. Obviously, nobody could realisticly give a guarantee that they could land you a record deal. However, so many just signed shop contracts, took money from any desperate fool that would pay, placed the artist's CD copies on a shelf (or in the trash) and did absolutely nothing but string the clients along with fake '"updates" about deals that "almost" happened. To add insult to injury, the lawyer would contact the artist/client toward the end of the contract period stating that he's "working on a couple of deals with real good potential", and is expecting "good news". However, your contract with him is ending, so you'll need to renew the contract with him for another term if he is to share this information with you and still represent you. So, you renew the contract, pay him more money, and he strings you along for ANOTHER 6 months to a year.

Many musicians started realizing that this practice was taking place. So, to avoid being taken advantage of they would seek out more reputable entertainment attorneys. This did not help much because even though a very successful, reputable lawyer could provide proof of signed record deals, these signed deals would be a result of the lawyer forwarding only the CDs of clients that HE chose to. And again, because he had MORE musicians flocking to him because he was able to get signed record deals, it was easier for him to take advantage MORE clients by selling them false hope, and only putting effort into the projects he chose to.

There are now a lot more independent A&R companies and entertainment lawyers who continue to serve the purpose of shopping for record deals for the artists/client. The fees for this type of service has increased considerably over the years. You can expect to pay upfront fees from $1,500 and up. A few do a great job. But, in my opinion, most do not. Because the reality is that a contract of service is not a guarantee of a subsequent record deal, and you will have no way of knowing if the person or company you hire is doing due diligence to get you signed. You've paid them in advance. If they DO secure a deal for you, you BOTH win. If they DON'T, THEY STILL WIN. Again, you have no way of knowing if they really even tried. I'd like to think that if my music is so great sounding and you believe so much in it's HIT potential, why worry about me paying you in advance?

So how do you keep from getting screwed? Do it yourself! In my opinion, nobody will ever care more about your situation that YOU. And, it's much much easier than you think. With the vast amount of resources given to us by the internet we can accomplish things in the music world that were impossible 20 years ago. Online downloads and physical CD sales of your project, your own music website, your own personal website; link all of those with a good Youtube, Twitter, and Myspace campagn. Tie all that in with your offline efforts and you'd be surprised what you can accomplish. You might even have record labels calling YOU! It happens all the time. If you do decide to go the DIY route you can be sure of one thing: You'll know know if someone is really working hard on your behalf, because that person will be YOU.

On the other hand, if you choose to hire an independent A&R company or entertainment lawyer, don't let me stop you. Just make sure and do your homework and research a LOT of them before you settle on one. If you happen to find one that is willing to take the advance fee without hearing you music or your vision, don't trust them. They are likely taking fees from anybody that's naive enough to pay.

Better youself everyday by always learning. Goodbye, and happy tracking!