I am convinced that if bands would devote even one-tenth of the time they spend in rehearsals for band meetings, many more bands would survive rather than deteriorate because of internal conflicts.Īfter reaching consensus among members (assuming that all members of the band are to “own” the band), the members should memorialize their agreement in a written and properly executed document. Rehearsals are for rehearsing and band meetings are for conducting band business. This discussion should take place very early in a band’s formation and during an official band meeting, not during a band rehearsal. Regardless of the business structure that a band ultimately adopts, its members should discuss among themselves how the band will operate. Also, because the various business forms carry different tax consequences, band members should also involve their individual accountants or tax advisers in the decision-making process. Because of the possibility of conflicts when representing bands, lawyers should advise each band member of his or her right to retain independent counsel. The choice of business structure should always be considered carefully and with the advice of legal counsel. Indeed, many bands choose to formally organize as corporations or limited liability companies (a/k/a "LLCs"). Although a partnership is a legitimate business structure, it might not be the best form for a particular band.
If a band fails to formally organize as a business entity, it operates as a partnership by default. This is a recipe for disaster that all-too-often catches up with band members eventually. Indeed, very successful bands have operated for years with no formal agreement on such critical issues as division of income and ownership of band assets. Unfortunately, this often leads to confusion or, even worse, mistaken beliefs among band members. Emerging bands are focused initially on trying to put together their repertoire, and then they start performing and recording and just never seem to get around to formally memorializing their inner workings. One of the most common challenges that new bands encounter is that they typically are so focused on their music that they never get around to discussing how they are to operate. Although nothing can guarantee that a band's members will always get along and keep making beautiful music together (sorry, I couldn’t resist), there are steps that bands can take to foster growth and facilitate a prompt resolution when things do go bad. However, almost invariably, when things go bad in a band, they go bad quickly and irreparably. I’ve been in bands virtually my entire musical life and I can tell you firsthand, when a band is comprised of individuals who share mutual respect and a passion for their music, the experience can be great.
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