If you have finally reached the decision that your hobby of playing music is one in which you want to make into a career, you may decide to get together with other musicians and form a band. Your desire to put together the next P-Funk or Boyz II Men should be tempered by the advice written below.

First, as a new band or group, you need to decide on what exactly is the purpose or goal of the group. Is it to play professionally, semi-professionally or just to get “name” recognition as an outstanding band. Not everyone, believe it or not, considers a recording contract the ultimate goal in making music. Some people have very satisfying and rewarding day jobs and only do music as another form of recreation. If your goal is to be a recording/performing star, it is obviously important to make sure that the other people in your group have this similar goal as well.

The next thing needed is to decide the business structure of your band. The structure your band or group may take--whether as a Sole Proprietorship, Partnership, or Corporation-- is included here because even though it might be one in which you get together just to jam on the weekends or play that occasional club date or do a benefit for a local charity, there are still some implications of business management that need to be addressed to function most effectively: How can the cost and expense of going from place to place be handled?; can the cost of buying and marinating your gear be considered a tax-write off in your particular situation”?; does your personal insurance cover theft or damage to your gear?; what legal liabilities could you face if a club patron trips over your mic cord and breaks a limb?. (Please refer to the tip I wrote entitled “Structuring Your Business” for further information).

Another aspect to forming a band to consider: who will LEGALLY own the name of the group? It is necessary to establish ownership of the band’s or group’s name in the event that there is ever a break-up--either amicably or incredibly nasty--of the musical unit. Who will be able to walk away with full ownership and all the rights ownership entails of the band’s name? This ownership is tied directly into trademark registration, a topic I addressed in last week’s tip. Please don’t assume that because you are a member of a group--even a founding member--that you have the right to use its name in another incarnation. The list is endless of artists who were surprised to find out that they could not use a particular name because someone else had registered it as their own.

Consider this: when Jackie, Tito, Jermaine, Marlon, and Michael Jackson decided to leave Motown for Epic records in the late 70’s, they were shocked to find out that Berry Gordy and Motown owned the name “The Jackson Five” and were preventing them from using it with the new company. To continue in the music business, they had to resort to just using their family name and calling themselves simply “The Jacksons.”

Forming a band also involves setting up rules and procedures for practice times and rehearsals. Again, find out if everyone whom you wish to work with is on the same page as you when it comes to this important matter. If designated times to rehearse are not taken seriously by everyone--that 7:00PM does not mean “7-ish”--then you will have a situation that will potentially cause the implosion of your group. Nothing screams “amateur” more than having a band, group, or artist show up late to gigs, studio recordings, or rehearsals.

In every band or group, someone should be designated as the leader or spokesman (or “spokesperson” for the PC police reading this). That individual does not necessarily have to be the one who thought of forming the group, but rather one whose persona, patience, and personality helps the group or band achieve their goals. In the group’s or band’s early stages, this person could also be the “manager” , the one whose decision on any given situation for the act should be the final one. (At the very early stages, an outside manager may not even be necessary).

Once the group or band has been formed, other issues as to whether the act will be one that plays all “cover” tunes--tunes originally sung and/or recorded by other artists--or all original tunes could be addressed. Some clubs or venues will state they have no preference--as long as the act can draw a crowd. Cover bands have an advantage in that area in that they are performing material the audience is more than likely familiar with. A band playing all-original material, however, should not sacrifice their artistic style, taste or integrity if their passion is to develop a following from their original tunes. Original bands just have to work harder establishing their songs and style to the public. If monetary factors become too overwhelming and the group or band is forced to consider adding cover tunes to their repertoire in order to get a particular gig, they should consider doing a set consisting of 50% covers and 50% originals.