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Setting Up a Tour; Getting Gear Back from a Deadbeat

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  Mr. Industry
Dear Mr. Industry,

Our band has gotten a lot of fans in other cities thanks to stuff we've done online, and we want to start touring to other parts of the country. What do we need to do to set up a tour? How much time in advance do we need to plan it? Do we need to get a booking agent? What else do we have to do to make it happen?

– Pete Z.
Ann Arbor, MI


Dear Pete,

Touring is very important for a number of reasons. Not only does it help you recruit fans from other areas, it increases your likelihood of getting press in other cities, gives you valuable road experience, magnifies your buzz in the record industry, and ultimately makes you a better band. There is no substitute for the pressures of playing on stage, especially in front of people who don't know you and who might be less forgiving than your home audience.

Also, because it's unwise to play too many times within one market lest you dilute your draw, touring gives you the opportunity to perform every night (or at least more often), which will vastly improve your band's cohesiveness and ability to cope with unexpected events — such as sound issues, audience issues, setlist issues, sobriety issues, waking-up-and-the-van-has-left issues, and other facts of road life.

The most obvious approach to touring is to get a booking agent who can help book support tours with better-drawing bands, and voilá, you're off. Unfortunately, getting a booking agent tends to be harder than landing a record deal, so most bands should be prepared to book their own tours, at least in the beginning.

As a side note, California has a law that requires anyone who books performance engagements for artists to have a Talent Agent's License issued by the state. Artists booking themselves probably don't have to worry much about this, but managers should be very careful booking shows for their bands without having a license. One notorious case resulted in a manager losing all his commissions from working with the band (even those earned from income other than the shows the manager booked), though some courts have limited the damages from such offenses to the amount the manager earned commissioning the performances they booked.

Doing regional tours
several times a year
is an effective way to
build a band's career.

If you're booking your own shows (or even booking through an agent), it is wise to stick to regional touring as opposed to touring nationally. Building a draw requires repeated visits to cities, and doing a single visit to a distant city isn't going to do much for the long-term success of your career (unless there have been serious inroads into this market from online activities, radio, etc). Doing regional tours several times a year is an effective way to build a band's career.

One valuable approach to touring is aligning with other local bands to set up a bill which can be presented to clubs and bookers in the various cities you want to play. This spreads out the workload and makes the endeavor a lot more enjoyable, since you'll be playing with the same bands most nights. Of course, it would be even better if the other bands have a draw in the cities you are visiting, so you can play for more people. It also helps if you actually like the other bands' music, and you have musical styles that fit comfortably on the same bill.

Either way, just define a certain time frame, do some research on the best clubs to play in the market you want to visit (asking other touring bands would be the best way to do this), and patiently start contacting bookers at these venues. If you're hoping to headline, you will need to book at least two or three months out — clubs try to lock down their headliners early, and many agencies work on this timeline. Even support and opening slots will probably be filled six weeks prior to the night of the show, so planning ahead is key. If you're booking consecutive nights in different cities, try to plan the most efficient route possible so you don't have to double back to a region you passed through three nights earlier.

Booking tours (or shows in any city) is all about perseverance. Contact bookers, try to establish a relationship, send CDs and press/photo materials, and be persistent and polite. No booker wants to be harassed, though they understand that you need to stay on top of them. Being arrogant or taking a hard line ("We're going to be a huge band, and if you don't give us a gig we'll remember it") isn't going to work all that well. If the booker hasn't heard of you, well, there are hundreds of other bands he or she also hasn't heard of who would love to take any spot the club will offer (and won't be annoying about it).

Once you've booked a show in another region, contact the weeklies, blogs, and other entertainment listings in the area to try to get feature stories, reviews, or at least mentions in their calendar sections. You should also try to get in touch with college radio in the area — make sure they have your CD, and let them know when you'll be in town if they want to do interviews, mention your show on-air, etc. Keep in mind that a band should continue to tour through an area multiple times, so the draw (hopefully) increases each time. To encourage this, ALWAYS have a mailing list out at your shows so you can promote upcoming visits to your new fans.

Don't be discouraged if you play to no-one on a given day — everyone has to start somewhere, and playing a great show for an audience of zero does much more for your career than sitting at home. Finally, please be careful driving: Try not to drive at night or after gigs, look out for black ice, buy a van alarm, lock your doors, don't drink and drive, and never talk back to a cop (or a security guard).

Mr. Industry

 

Dear Mr. Industry,

I bought a bunch of gear with my former songwriting partner. We went 50-50 on a PA system and some mics and amps and stuff. We agreed that we'd both be able to use the gear with our new bands, but every time I ask if I can use it he comes up with some excuse about why he needs it that night. Frankly he's had some substance issues in the past, and I'm worried that he sold the equipment and is trying to cover it up. How can I make him give me access to the gear, or at least find out if it's still there? And if he's sold it, how do I get my share of the money back?

– Lloyd H.
Seattle, WA


Dear Lloyd,

Bummer. First rule: Don't buy anything with anyone you don't trust, nor keep co-owned equipment anywhere you don't have immediate access to it. First off, I'd try to meet with him, take the high road, inquire as to his personal issues, and perhaps offer to buy his half from him (if he still has the gear), or sell your half to him (which you indicate would probably not be possible).

First rule: Don't buy anything
with anyone you don't trust.

If this doesn't work, you could try suing him in small claims court. If he refuses to give you access to co-owned property, he would have committed the tort of conversion. Small claims court is for amounts in dispute of less than a certain amount (depending on your area), and often do not involve attorneys.

You could also call the cops, but that might be a bit harsh. Clearly, withholding co-owned property from one owner is illegal, and could amount to theft, burglary, or other offenses. Be careful before making these allegations, however, as getting the cops involved may escalate the situation beyond your comfort zone.

Mr. Industry

 

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney in your state/country for individual advice regarding your own situation. In addition, no e-mail or other message to or from rightround.com establishes any attorney-client relationship.

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Ask Mr. Industry at mrindustry@rightround.com, or leave a question below!

Posted February 2007

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