Keep it Raw or Go BIG?

Since we have been recording some new material with Between Bluffs, it has sparked ideas and conversations about one of my favorite "great debates" of the musician - how to approach producing a studio album. 

Do you stay true to what can be produced in a live setting?

Or, do you go all out and try to create something unique altogether, utilizing all the tools of recording technology?

Or is there somewhere in between?

Keep it Raw!

On one hand, they say, Keep it Raw! Keep it Real! Don't do more than what can be done live. Stick with your style and try not to deviate; that is the true form of your music and how people will experience it. Reproduce that live show of the stage as closely as possible in the studio because when a fan experiences your music at a live show, they get a certain expectation. If they enjoyed themselves enough to want to buy a CD then they get home they want and expect a similar experience. Maybe they will enjoy the translation from stage to studio, but maybe not. Can that experience on stage ever truly be translated to a studio disc? How can you capture the energy of hundreds or thousands of people together in a room vibing on some good music when you are sitting by yourself in an isolation booth trying to lay down a vocal track , staring into the black insulation foam? Maybe you record as much of it live as you can? But then are you not just doing live album? What is the point of recording in the controlled atmosphere of the studio when you are just going to basically track a live show? Why not just record the next big live show and get the fans on tape too?

Go Big!

The others say Go BIG! The studio offers you the chance to do things that you could never even possibly try to imagine doing live. Layers upon layers of harmonies that fill the void; string and horn sections you could never possibly afford to hire for every gig; collaborations with members of other bands who are way too busy to hit the road with you; imagination being the only limitation to ideas coming to fruition. But then there's that disappointment factor again. The fan who experiences your music for the first time online then comes to a live show and realizes that you don't actually have a string quartet or horn section, or group of awesome black soul singers. It's just a power trio or standard rock four piece. Maybe they are impressed at the raw transformation of the sound, and like it even better. Either way, it's not what they expected; maybe even not what they wanted.

Stuck in the Middle

Is there a middle ground? Can you capture something in the studio that is both a fair representation of the live show, but also something grand and spectacular that takes it to another level? How do you know what to emphasize and what not to in order to achieve the best of both worlds?

Butch Vig, Rick Rubin, George Martin, Brian Eno, Phil Spector, Quincy Jones all seemed to have cracked the code on making a fantastic album. They made great records that will transcend time and stand on their own, but how did those records translate to the live stage? In some cases, not nearly as well. On the other hand, bands like the Grateful Dead and Widespread Panic had spectacular live shows that never quite translated into a studio album of equal quality. It's a catch 22.

the ever pestilent question of the musician...

We sat up all night long, laughing and smoking; manifesting our nostalgia; drinking and talking. All the while, we stared into the fire as if there were nothing else in the entire world worth looking at. As if the controls of our head had been commandeered by moths hellbent on flying straight into the heart of a mesmerizing light. Luckily, no one fell in; likely because our bodies were numb and sunken deep into our chairs with no hope of ever standing back up. There was no will or apparent ability to do so. Our drunk, limp bodies and the chairs in which they sat, melted into one mindless being. Our hearts were heavy with deep, fond feelings for the wonderful moment that we were so blessed to experience together. Friends sharing life and music; fire and drink - a small microcosm of Peace and Sanity in a world of Chaos and Madness.

As the time and the alcohol progressed, the conversations grew heavier. Amidst the barrage of drunken "I love you mans" were ruminations on different human perspectives; the fallacies of stereotypes; circular questions of truth and time; the infinite spans of the universe(s); the potential in future human technologies; the meaning and purpose of life; the dangers and beauties of religion; and then more "I love you mans"...

These wonderful ponderments were interspersed with brief outbursts of idiocy in order to lighten our intellectual load. We wondered if male olympic swimmers shaved their balls? Why mustaches aren't called mouth brows? Are breast implants effective floatation devices? How exactly does corn reconstruct itself after a bowel movement? And don't you dare tell me its cellulose! Can you simultaneously believe in science and magic? Why not?

We solved all of the deepest, most pressing questions of the day. Now, we know why people do the things they do because that is the way of the world. The answer to every why? is because. Our eyes were open, though somewhat slanted. We saw more clearly and more blearily at the same time. A drunken philosopher farts from both ends, and the hot gas exuding from our mouths was equally repulsive to anything that ever came from our rears. 

I grabbed the guitar, and made a few cockeyed strums. The steel strings offered a resistance to my fingers that seemed to emphasize the slowing synapses of my brain. Do I even know how to play this thing anymore? Maybe not. I have an idea in my head, but bringing that idea forth into the world will be a painful birth. Many will suffer. Ears may bleed. This could get ugly.

"Sing one!" the voices on the other side of the glowing embers call out to me.

"OK..." I reply in reluctance.

One simply can't dilly dally on a guitar around the fire. No! A song must be played. And from start to finish too. Don't give me none of this half-assed, I forgot the words; I'm drunk; I don't feel like it bullshit. The people must be entertained! 

The search begins in the song database of my mind for an appropriate number, and the ever pestilent question of the musician pops into my brain, "Do I play what I think everybody wants to hear? Or do I play what I feel like playing right now?"

Of course, there is the third factor to consider, "What am I capable of pulling off right now with my current level of intoxication?"

It never fails. Even in the most comfortable of environments, surrounded by the closest of friends. The struggle persists between the artist and audience on the basis of motivation and purpose. Who am I doing this for and why? Is it for me? Or is it for the approval of others? What drives me to make music? Why do I think about it night and day, yearning to sing out and make noise that will rattle the earth? What is it that I hope to gain by singing songs? Approval? or Release?

"Are you gonna play one or what?" an obvious response to my extended moment of inner conflict. 

I think I'll play one of my tunes... And after the first few strums, the voices inside my head go quiet. 

"Oh," I thought. "That's why I play."

How to get paid at the end of the gig.

What happens when a venue doesn't want to pay me even though they said they would?

I've heard plenty of crazy ideas about what musicians should do to protect themselves from getting ripped off by greedy venues or promoters. We all know that iconic scene in the Blues Brothers where the band goes to get paid and the bar tells them that their drink tab was more than their pay. Of course, they were outnumbered by crazy rednecks and ended up fleeing for their lives with no money to show for a long night of babysitting rowdy drunks. But that was a Hollywood movie. So, what happens in real life? 

My friend told me about one of his experiences at a gig in Austin, where at the end of the night the venue didn't want to pay. So, they casually went and grabbed their tool kit from the van. While the manager was distracted, they proceeded to remove the front doors from the place. Then, like a boss, he said, "If you want your doors back, you'll have to pay us." Now, that certainly might be an effective method, but I definitely don't recommend it because it might be interpreted as extortion... It makes for a good story though. 

But seriously, what can you do? You play the gig. You fulfill your obligation to the venue, and the price was already agreed upon. Then the time comes to get paid, and the promoter doesn't want to pony up. "It was slow tonight... You didn't bring enough people," he says. Or my favorite, "Can I pay you in sandwiches instead?" Well, let me just call my landlord and ask him if I can pay rent in sandwiches this month. 

Listen, unless it was agreed upon beforehand that I would have to bring a certain amount of people in order to get paid, that's irrelevant. 

A deal is a deal. Whether it is in writing or merely spoken, as long as a contract is definite in the necessary terms, has been communicated clearly, and is accepted by both parties, it is a legally enforceable contract. You don't have to be a licensed booking agent to have an enforceable contract with someone. You don't have to be a lawyer either. Anyone can make a legally enforceable contract. Once a contract is accepted, it cannot be changed. In other words, if we agree on a price and I perform my end of the bargain, show me the money! On a side note, if a person is not a licensed talent agent (someone who books multiple artists) they are acting illegally, and no contract made by them is enforceable. You can't legally contract to do something illegal.

That said, I have to let you know that I am not a lawyer. I'm just a musician and this not legal advice nor should be interpreted or construed as such in any way. I'm just putting a few things out there that I've learned over the years playing gigs and doing the research. If you ever run into trouble, you should always consult an experienced lawyer, and make sure that you get the most accurate and up to date information possible. 

Now, my explanation before of a legal contract was the most basic and generic explanation that you can possibly get, so here's a few more details to always consider just to cover your ass.

First and foremost, always write it down! Even though oral contracts can be enforced, they are much harder to prove. So, get the deal in an email or on a facebook thread, both mediums are recognized as legit written communications by a court. You will have proof to show the original terms of the gig. If you can't get an email, have them text you the specific price, location, date, time slot and what sound equipment you need to provide. These are the essential items that you need to have written down. 

As an exception, it doesn't have to be a specific amount of money explicitly stated in the deal. As long as there is a set method of determining that specific number when the time for payment comes. For example: If the promoter agrees to give you $5 per person, that is specific enough. The problem will be with the official head count. Ask for the official print out of ticket sales. Take pictures of the crowds at the show. Ask the door guy how many people showed up. Its always better to be prepared, and if you have some real evidence to prove that the number was not met then you might be able to argue for the difference if you feel like you got ripped off.

Once you have a gig offer in writing from a venue that you have confirmed, you essentially have what constitutes an "offer to make a unilateral contract." A unilateral contract can only be accepted upon the requested performance in the contract, i.e. you showing up at that location on that day and rocking out for that period of time. After you have completed that performance, the venue becomes legally obligated to pay you the money that they promised. 

However, they can withdraw the contract prior to your completion of the full performance because technically, a unilateral contract is not accepted until after the performance is completed. You may be able to collect something on partial performance like the costs incurred by agreeing to the gig and as a result turning away other opportunities as well as cost of gas for driving there or something, but that is a bit more complicated situation. You definitely would want a lawyer to go any further there. 

Another side note, if you don't negotiate for free booze then there is no such thing! Sorry Booze Brothers, don't drink up your paycheck!

Of course, all of this stuff depends on how much trouble it's worth to you to get that $200 or whatever the gig was supposed to pay in the first place. A common misnomer is that the money needs to be a certain amount for a court to acknowledge it. But this isn't true. You can file a claim for breach of contract in small claims court no matter what the amount of money in dispute. The smaller the amount the less likely you will want to go through all the trouble though. 

You can check out the fee schedule for the court in the county where the venue is located and see how much filing fees are. Then call an entertainment lawyer and take those bitches to the house because you may have a number of other claims besides just the breach of contract. That might enable you to really stick it to them if you want to and that would make it more worth the trouble. But you must have solid evidence to back up your claim of an agreement, and that is why you always cover your ass in the first place.

So, we all know that we can sue each other for basically anything right? What else is new?

I hear the phrase "Theft of Services" a lot from musicians who claim that you can call the police if you don't get paid at the end of a gig. This is another common misnomer. As far as I understand, "Theft of services" is a statutory crime that really doesn't exist in Florida. "Theft of services" is considered a civil dispute that must be settled in a civil court. The only remedies of the law would be the ones I discussed earlier, meaning you would have to sue to get anything and there would be no involving the police because it is not a crime to refuse to pay someone for services.  

However, as I was looking at the Florida theft statutes, I came across §812.155, which states,

"Whoever, with intent to defraud the owner or any person lawfully possessing any personal property or equipment of the rental thereof, hires or leases said personal property or equipment from such owner or such owner's agents or any person in lawful possession thereof shall, upon conviction, be guilty of a misdemeanor."

It goes on to say that if the value of the property is over $300, then it is a third degree felony. 

So, how does this apply? Well, I would argue that in situations where you are bringing out your own PA equipment, (typically thousands of dollars worth of stuff that a venue needs in order to have a night of music) for all intents and purposes, that constitutes "renting" of said equipment from you for the night. If you can prove that they defrauded you into renting it to them, that is, they never had any intention of paying you and tricked you in order to gain access to your personal property, then you may have a criminal charge against them. In which case, you could call the police, and potentially have them arrested. 

Now, I'm not a lawyer, and I don't know the odds of success on such a claim. I searched the database of court opinions and couldn't come up with a specific case in which this was argued in the scenario that I'm describing, but it's worth a shot if you are in a difficult situation. 

So, next time you are arguing with a venue owner or a promoter over your pay, and you can back up your agreement with evidence, tell them you will sue them in small claims court. Then, when it gets serious, inform them of FL Statute §812.155, the crime of "defrauding an owner of personal property." Threaten to call the police, and do so if you have to, but make sure you are in a mental condition capable of talking to a police officer, i.e. don't be a drunk ass. 

They will cough up the money. Take it, and don't ever do business with those cheap bastards again.