There are many sacrifices that musicians must make in order to gain experience and/or exposure, such as working for little or no pay. But if you want music to be your livelihood, it is your responsibility to make sure that you are compensated fairly for each and every job.
From salaries or wages to buy-outs, per diems and retainers, the following discussion sheds light on what you may be entitled to when negotiating your agreement with an employer.
Working For Employers With Limited Budgets
As either a contract employee or a self-employed musician, especially
early in your career, frequently you'll be offered work that pays
substandard wages far below the minimum scales suggested by the unions
(*The American Federation of Musicians—AFM—or *The American
Federation of Radio and Television Artists—AFTRA). This may be
due to your inexperience, or to an employer's greed, or to a group's
financial restrictions (i.e., a limited budget). When you accept
employment from an employer who has a limited budget, there are really
no fairness guidelines, but you should at least establish that your pay
will increase when the group starts to make more money. This is
especially important if you're a contract employee working with one
employer on a regular basis. Otherwise, you may continue to be paid the
same low fee in spite of the group's newfound success and subsequent
profits. It's common sense to establish that safeguard!
Working For Employers With Larger Budgets
The day will eventually come when you're asked to work with successful
and reputable employers who are willing to pay fairly and offer special
perks—even greater than the union minimum scales and treatment
suggested by the unions. But after adapting an "anything goes" approach
to business for so long in your formative years, you may end up
undercutting yourself in these new and potentially advantageous
situations. To avoid that, you need to understand what you may be
entitled to. The following discussion sheds light on your wages, per
diems, retainers, equipment, equipment techs, buy outs, and much more.
Keep in mind that the agreement you're able to negotiate here as either
a contract employee or as an independent contractor is substantially
influenced by your reputation and experience, and/or how badly a
potential employer may want to work with you.
Wages.
The wages you can expect from employers that have larger budgets will
naturally be much greater than the compensation offered from employers
with limited budgets. For instance, in 2001 the Backstreet Boys paid a
relatively unknown horn player a weekly salary of $4,000 to tour.
Session musicians sometimes get paid double or triple the union minimum
scale (known as "double scale" or "triple scale") to record an album or
to overdub a solo. When negotiating your fee, take notice of the
strength of the record company for whom you're recording, the capacity
of the venue in which you are playing, the time of year in which you're
working (such as on a national holiday), and the length of the tour on
which you may be embarking. Consider other factors as well: How much
work will you be giving up to take on a new job? What are your personal
monthly bills? How much will you net after your basic expenses? How
long will you be able to survive financially after the completion of a
tour?
Sometimes an employer may be willing to guarantee you a flat salary to cover your services for an entire year. For instance, in 1999 one drummer earned an annual salary of $100,000 while working with one of the greatest rock groups in the world—sorry, their identity must be left anonymous. Though these situations may be rare, it pays to be sure that all of your obligations (e.g., rehearsals, recording, and touring) are clearly outlined in your agreement with the band.
Rehearsals.
You've probably been participating in rehearsals with little or no pay
for years, but employers with larger budgets will typically compensate
you for rehearsals in preparation for "phonograph" recording sessions,
single live performances, and extended tours. The amount will vary
between employers, but minimum compensation of $90 for a two-and-a-half
hour rehearsal is not uncommon.
Per Diems.
Per diems are standard in the industry, and negotiating a reasonable PD
is usually not too difficult. A per diem is a daily allowance for food.
The amount varies greatly, but can range anywhere from $50 to $200 per
day. Keep in mind that if you're performing a gig out of the country,
your per diem should be adjusted to reasonably accommodate the exchange
rate.
Buy Outs.
In addition to receiving a "per diem," employers with larger budgets
may offer you money in something called a "buy out." A buy out occurs
when the concert promoter does not fulfill his or her contractual
obligation to provide food and drink backstage. This obligation is
stipulated in a band "rider," a contractual addendum in live
performance contracts which also includes lighting and sound
requirements for the group, dressing room accommodations, and security
needs. For one reason or another, a promoter may not be able to provide
the requested food, so he "buys" the band out. A buy out is based on
the number of people traveling with the band; a group may provide you
with additional funds ranging from $15 to $50 per buy out (and more).
There are cases where musicians receive hundreds of dollars in buy outs
over the course of a tour. The amount is subject to the individual
situation.
Equipment.
Musical equipment is another important factor to consider when
arranging your deal with an employer. Instruments and protective travel
cases may be provided via your employer's recording and/or tour
budgets. For instance, a musician hired to play drums on a band's
record negotiated to have the group pay for the rental of high quality
drums for the session. In another situation, a drummer needed heavy
duty travel cases for an upcoming European tour, so the group paid over
$3,000 to have the cases custom built. When he parted ways with the
band, they offered him the option of purchasing the gear.
Equipment Endorsements.
Your employer may cover minor equipment expenses for maintenance or
usage of items such as guitar picks, guitar strings, amplifier tubes,
drum sticks, and drum skins. If your emplyer doesn't cover the cost of
these expenses, you may obtain sponsorship from a variety of equipment
manufacturers if your group is already successful, or gaining
additional exposure from radio play and record sales. Most companies
will begin your relationship by offering you a reduced price on
equipment (usually 60 to 70 percent off the retail price). If you're
currently working regularly for a very large and successful
organization, some companies may offer you free equipment and advertise
your name and likeness with their product.
Develop as many relationships with manufacturers as possible, but focus on companies whose products you truly desire; a company will want to know that you're not just looking for free equipment. Introduce yourself in a telephone call or at trade shows such as the National Association for Music Merchants NAMM conventions). Send manufacturers your recent record releases, updated tour "itineraries" (i.e., performance dates and locations), performance reviews, and magazine articles. "Show manufacturers that you are attracting attention from the community, especially from the demographic of fans between the ages of 18 to 24," advises Bill Zildjian, vice president of the Sabian cymbal company. "This age group is more likely to buy manufacturer's products, and that makes manufacturers happy!"
Equipment Techs.
The care and maintenance of your musical equipment is critical, both in
the recording studio and out on the road. When you're working for
employers with larger budgets, they may hire studio techs to tune and
maintain your equipment when recording. On a tour, road techs are
usually hired to handle the set-up of your musical equipment and to
ensure its proper functioning before a concert performance. Techs help
when a guitar string or drum head breaks, a vocal mic needs to be
replaced, or a cord is accidentally pulled out of an amplifier. At the
end of the night, techs are responsible for breaking down musical
equipment and making sure that it's loaded in the vans, trucks, or
buses. A tech adds to the professionalism of a tour by allowing
musicians to concentrate on their principle job at
hand—performing. Should an employer fail to provide you with a
tech, negotiate your fee accordingly, so that you can afford to hire
one yourself. Note: If your musical equipment is lost or damaged on the
road (e.g., if an amplifier is dropped from a truck or a guitar is left
at the last gig), the group's organization or, in some cases, the venue
in which you are performing should cover the repair or replacement
costs.
Travel and Lodging.
Although your employer will generally cover or reimburse you for travel
costs and lodging, the quality of service is usually uncertain.
Employers with larger budgets may take more care in providing the best
possible travel and hotel accommodations. You may be provided with
first class airline tickets and/or single hotel room accommodations.
Though this may seem unimportant, after being out on the road for
several months it can mean the world to you. Whether you receive this
type of special treatment or not depends on your employer, but keep in
mind that it does exist. (Note: Hotel "incidentals" such as, phone
calls, room service fees, and movie rentals are your responsibility. So
be careful! Incidentals can add up quickly—especially telephone
and on-line costs.) Employers with larger budgets also pay for the
costs for traveling to gigs in or around your hometown (such as mileage
on your car, parking expenses, etc.), as well as the costs of cartage
(the costs of transporting heavy or multiple pieces of musical
equipment).
Special Clothing.
If specific clothing that is not "standard" or "ordinary" is required
for a promotional video shoot, stage show, or tour, the group will
usually reimburse you for the cost of that clothing. For instance, one
musician was allotted $500 to buy clothing for a video shoot that only
lasted a day. The artist and video director specifically wanted the
band and dancers to dress in black studded leather pants (in case
you're wondering, the shoot was for a hard-core rap artist). Keep in
mind that the money you're offered depends on the specifics of each
individual situation.
Retainers.
In times of temporary unemployment, such as during a break in a tour
schedule, employers with larger budgets may provide you with additional
benefits such as a "retainer." A retainer enables you to maintain an
income while your services are on hold. You are expected to be
more-or-less on call and are thus limited or excluded from taking on
other work. A retainer is usually 50 percent of your weekly salary.
Retainers are most common when you're working regularly for one artist.
* [Contact the AFM at (800) 762-3444 or at www.afm.org.]
* [Contact AFTRA at (212) 532-0800 or www.aftra.com.]
Bobby Borg is the author of "The Musician's Handbook: A Practical Guide To Understanding The Music Business," which is available now at www.bobbyborg.com or in a store near you. Contact: www.bobbyborg.com
| Negotiating Your Employment Agreement - Part 1 and
many other articles, tips, and other info can be found in the Music Biz FAQs
section of the site for TAXI:
The World's Leading Independent A&R Company. |