The Intra-Band Agreement: Get it or Weep

by Billy McCarthy
10-01-02

Aerosmith, I'll bet, has it. Led Zeppelin and Motley Crue did. Cheap Trick too, rumored to forbid motorcycles or hang gliding. Eminem can do without it; Britney Spears never needed it and probably never will.

If you're a musician currently in a band situation and dining nightly on Top Ramen Noodles, or have just inked a legitimate record deal, it's best you get it NOW. No - not herpes, The Intra-band Agreement. Having one will not only protect your financial future, but it will tame any temptation of your band mates, as well as that bombastic monster known as the lead singer (who, in most cases, moonlights as lead songwriter in your group and is hailed by his third girlfriend-of-the-week, as "the whole band").

Keep in mind the key word in this piece is "group", so if you're a solo artist who is paying cash to your band for rehearsal time and has made it clear only you are going to suck any and all advances upon a recording contract, you can split. However, if you're not engaged in the aforementioned activities, but you write all the melody and licks, it's suggested you maybe start throwing them a piece of publishing as incentive for all their hard work in crafting your songs that will one day glorify you as the next Jewel or perhaps Lenny Kravitz.

So you say, "No way, I write every note on every song." Then you must be Sheryl Crow or James Taylor with nothing necessary but an acoustic guitar, a lucky break, and a heavyweight producer who will hire top session players for your debut album. There's only one problem. You get the heavyweight producer and session players after you ink a major record deal. Still wondering why you're eating Top Ramen and have gone through twenty players changes in two years? Maybe it's because only the seasoned players figure out the payoff in the end, which today is more than just about the music.

Almost any music attorney can draw up an Intra-band Agreement for around 500 bucks. In fact, I'm not even close to an attorney (cause I'm a little honest), but I'm going to give you some tips at zero cost to you. In fact, bag the attorney, amend to this, write it up yourself, and get Uncle Donald (the Notary Public) to legalize it.

Hence. You've formed a band with your childhood buddies. Your battle cry is "To the top! One for all, all for one!" Two years down the road the "unbreakable band" is missing Monday Night Football or the Yankees in the pennant race for that moldy, smelly rehearsal carpet, and countless cans of Budweiser. Your family and friends wonder, "Are you guys really going to make it?" You've played every dive bar in your suburban outskirts, spent countless hours finding the hook in your tunes that will bury Creed for good and have them opening for you in five years. But, you have patience. And why not? You guys rock! You're scoring nightly! You've gotta hang in there, cause then you'll have that shot at scoring Pink after your band presents at the VH1 Music Awards-you can feel it.

Suddenly, you get a bite. Most likely not from a live performance in some dive bar (no industry heavyweights in Iowa), but from some A&R rep in L.A. who couldn't hear a train wreck if it plowed through his living room but actually found forty seconds after his ninety minute lunch at California Pizza Kitchen to listen to your three song demo. Suddenly he's flying to Iowa because you were smart enough to put your phone number on the actual CD and not just the CD cover. The A&R guy loves you! (He thinks). Next, your band convinces themselves and you to fire that chubby, childhood buddy nicknamed "Jim Bob", whom you all called manager, because he owned the only record store in your hometown and picked up the rehearsal tab. This is, of course, only on the "secret" advice of the A&R guy assuring your band that a guy once named Brian Epstein (who also owned a record store and managed a band long ago called The Beatles) isn't happening twice in this lifetime. Let alone there's not a legitimate record label in the U.S.A. that's going to hand a guy named Jim Bob five figures to turn a profit for their corporate shareholders. Maybe in Nashville.

Next, you sign to that major label. You, the bass player, played some great lines on the demo, but suddenly Johnny (the lead singer) remembers ten years ago when you felt up his fiancée. Yeah, so what if you were all sixteen back then? Besides, you're getting a little too much attention these days and you're as chubby as "Jim Bob". You're fired. Thus, loyalty dissolves, rock stars are born, you're still our friend, and sorry, it's business.

"What business?" You're asking, "It's all about music." You moan. Well, to the one egocentric in your band, it never was just about music. Now it's about a recording contract, MTV, and mingling with Pink. It's only half about your music and all about future business. In short, show me a guy who's in music for the art alone and I'll show you a guy without a record deal.

Next, the band must register all songs with ASCAP or BMI - no ifs, ands, or buts. I recommend BMI, since it has no quarterly dues. Or, register now and pay a little one-time fee (if you're unpublished) to either. Song splits are required upon registration and it may be worth it to call your band mates' or writing partners' bluff. Unless music is just fun and you really couldn't care less about collecting any piece of the pie once your song hits Billboard's Top Ten, which is anywhere from five to a six or even seven figure in future royalties. Ask Sir Paul McCartney.

Now comes the real fun. Who wrote the songs? Of course! The lead singer and lead guitar player, right? WRONG. Let the war begin. This is where "genius, I knew it!" is the 24/7 closet chant of most songwriters. The songwriters, who conceived the melody and lyrics of the songs, but some strange reason and many years of getting nowhere strumming his or her guitar by their lonesome self in the bedroom, needed others to input that thing in music called "magic". Remember, once redemption occurs, via money from your art, the songwriter (in his mind) never needed you. He is Axl Rose. She is Sheryl Crow, who owe only a thank you to their big sister for turning them on many years ago to all of the above. But does the songwriter who writes the lyrics, melody and music, necessarily own the entire song? Yes and No.

Enter, The Intra-band Agreement. Hopefully if you are in a band situation, you will do this long before that A&R guy hears a train wreck. Sure the lead singer, lead guitarist, bass player, or even drummer (believe that one) solely brought the songs to the table and once recorded to tape opened the door for opportunity via a deal or even a heavy local following. But who crafted thee songs? The answer is, every member who was present from the songs bare roots. Bare roots are anything from a guitar string strumming, keyboards poking around or the humming of a melody - in or out of the shower. Don't think Poison, Creed, Aerosmith, Crue, or any other rock or pop icon group got signed over great songs alone. It's called a total package, which in short has always been called chemistry. A fancy term we musicians pen for teamwork. That's right, from the thundering solid cracking of the drummer to that solid bass line pulsating throughout the song that groove, holding up the building for the songwriter to layer creative magic atop. Take out the sauce and it doesn't taste like pizza-no matter what the toppings are. Who is the sauce? The band. Of course, you could go all the way and split writing and publishing equally (even if no other members wrote a note) to keep harmony within your band marriage, as Led Zeppelin and rumor has it, Guns N' Roses did-no slouches to success. No way - then compromise and split the publishing equally.

So what is in an Intra-band Agreement? It's anything you wish; from demanding all members wear black on stage, to getting fired for grabbing a band mate's girlfriend's ass. Here are a few professional pointers I suggest:

Begin with something like, "WE (list all band members by legal name, date, blah, blah, blah…) collectively own the group name, "Anxiety Society." Collectively is important, because if collectively does not own the group name, any individual left standing can run with the name if, A. you disband, or B. they own it solely and then fire everyone. If a group name holds some weight (as in a band following), the remaining member or members will run with it-with or without you. Just ask Axl Rose, Skid Row, or… have you seen Bad Company lately?? We all know Axl is nothing without Slash and the boys, but today is no slouch when it comes to selling GNR at the box office. He might have snuck down to the local paper right when GNR formed and registered it under "Sole Ownership". A.k.a. William Bailey. Back then, Guns n Roses probably didn't care, cause (Axl) Bailey shelled out the $50.00 bucks. They were also at that point, "a one for all" kind of band, (not to mention tweaked out of their mind). Include in your I.B.A. any majority voting on monies to be spent or replacing personal members, personal managers, even roadies! (All hiring and firing in every department of the band should be majority rules). Keyword is MAJORITY. Two and two is a deadlock-revote. It must be three/two (five piece) three/one (four piece) or two/one (three piece). Then, everyone is safe. Note: WITHOUT QUESTION, if it's a group name, Merchandising is always split equally! Hands down! Must never forget to include that. You'd be surprise how many people think they're Elvis in a group situation. My ex-singer did!

The songs splits. It's pretty simple. There's 100% on the songwriting side, 100% on the publishing side. Let's use this example on a four-piece band. Singer comes down with a sappy ballad. Has the lyrics, and chord changes start to finish, cause he finally got dumped by a chick. You give it a go at rehearsal. Singer's bridge to the song sucks. Gotta suck down some Bud. Bass player comes up with a new chord change for that bridge. It works perfectly. Drummer hums up a melody for that new bridge. Another homerun. Guitar player comes up with a solo for the typical solo section. The split? Singer gets 75% writers. Bass player gets 15% writers. Drummer gets 10% writers. Guitar player gets zip. Why zip? Solos don't count, bass lines don't count, and beats don't count. That's why the payoff is equal split in publishing. However, if it's a running guitar lick throughout the tune (and a giant hook) such as Bob Seger's, "Down on Main Street", throw the guitar player 10% because we all know that particular guitar hook is as strong as the lyric and melody itself. I'll betcha' Seger wrote both.

Onto the publishing. Equal split within members across the board. Even if the song is no different than when the songwriter brought it to the table. Remember, you are a band, who together inspired foundation for the songwriter to create, polish and stand on. Besides, it's 25% publishing verses the 100% writing and 25% publishing the songwriter has- even if he is the next, Barry Manilow.

Suddenly, you have the bands loyalty, songs and sweat on tape. You're about to be fired. You can feel it. Laugh! You own some publishing! Let those former band mates continue! Now who's your bitch!? Well, not really. If they're wise, the remaining band mates should stipulate that the Intra-band Agreement is a wash if the band hasn't landed a deal, let's say, within nine months of that departing member.

So why is the intra-band agreement important? Let me share a personal financial blooper with you. Back in 1983, (before D'Molls) I was in a band with CC Deville (Poison) called Screamin' Mimi's. Back then, (according to Don Dokken (Dokken) and Herman Rarebell (Scorpions) we were going to be the next big thing. We had around twelve songs, but there was one song in particular we felt would just clinch a deal for us-"Talk Dirty To Me". CC brought the song to my ears on guitar. He had the lyrics, melody and chords, but had no structure or idea how to arrange it in sequence-verse, chorus, pre-chorus, etc. I polished it up-arranged it solely and entirely. The opening idea with just drums and guitar, then the bass kicking in, the dynamic three chord kicks towards the end, were my contribution. No, not songwriting credit, but without a doubt, arrangement, which in a group sense or individually equals publishing. It's called points earned by a producer whose one of many chores is arrangement.

In fact, the only difference on Poison's version of "Talk Dirty To Me", than Screamin' Mimi's is the players themselves. Poison literally karaoke'd the song note for note from Mimi's original version. Back in 83, we cared nothing about sweat and invested time, which in itself made it so easy to concentrate on what will happen and not, if nothing happens.

I still have that actual video rehearsal tape of "Talk Dirty To Me"-note for note, chop to chop, to Poison's blockbuster version. I should sell that tape. What do you think?

CC split Screamin' Mimi's and I and others moved on. We just could not find that magical singer. CC strolled the song right over to Poison's rehearsal and they recorded it on their debut album. It was a no-brainer for Poison because…well, because any halfway decent musician breezes through a cover song.

I, nor any other members of Screamin' Mimi's ever heard of an >B>Intra-band Agreement back in 1983. It's all history and in stone that "Talk Dirty To Me" was the pinnacle point to launching Poison's career. I might have to sell that tape. I have no resentment, just a lesson learned, as is so great in life. Come to think of it, CC did give me cab fare one night from the Rainbow Bar and Grill. (Such a nice boy).

Point being, had Screamin' Mimi's simply assigned splits on every song we rehearsed, Poison would have had the right to record it, but we would have retained all and any publishing royalties. What's it all in dollars? I'd say modestly over five thousand round trip cab fares from New York to Los Angeles. Of course, that's not including what CC would of kept on the writer's side all by his lonesome self. Do the math and make it Paris to LA for him.

I made sure D'Molls had an Intra-band agreement before we signed to Atlantic Records in 1986. Thank God, for that and the few hundred bucks I still acquire in royalties even some twelve years later. That's a lot of Top Ramen.

But hey, I'm grateful. I never did get those herpes.

Billy McCarthy will be releasing The Devil of Shakespeare, on Benbella Books available in May, 2004 on Amazon.com and bookstores everywhere.

www.billymccarthy.com