Friday, July 11, 2014

Testament and Greg

Greg Christian has been “airing dirty laundry,” of late about how financially inequitable the situation was while he was in Testament and how that led to his decision to quit the band.  It got me thinking.

I *LIKE* Greg.  He's a neat guy, has helped pen some of my favorite songs, and it does sound like he not only got railroaded, a bit, but screwed, overall.  That said, when I see things like "it may be time to see what my attorney thinks," I twitch, because that should have been done *first.*  You bring in the attorney to look over your ***contract***, that legally binding document that will stipulate royalties, per-show pay or salary, in this case (was this to mitigate uncertainty, going with a "guarantee" pay rather than "per-show?"), and if the contract isn't up to snuff -- *don't sign it* and negotiate until you get one that's to your liking.  Otherwise, legally, you're, as it's been coined -- over a barrel.  Now, going back over unpaid royalties might be an option, but, again, if there was no breach of contract because there was no contract, it will be an uphill battle and, usually, doesn't end in the person getting royalties, just a loss of friendship(s) and a lot of bitterness.

I guess my other problem that is raised, here, is this -- he talks about getting a paltry amount per show.  He's got a W-2.  This says, to me, a few things, including "employment at will" and "agreed upon wage."  Basically, if they had played *2* shows, that would be have fabulous, right? $19K or so per show.  Instead, having a set salary of $38K and touring the world, doing a billion shows, yeah, it's going to break down to "not very much" per show.  That's the problem with salary -- it's averaged across the year's worth of dates and not, as has been mentioned, a four week stretch of *4* shows, which, yeah, makes it REALLY hard to live on $1.25/show ( exaggeration... ). 

I guess my take on this revolves around what a bizarre beast the music business is.
When one talks about things like Chuck and Eric "throwing down $3K" for first class tickets and having more money per show and this and that and the other thing, it comes down to several factors that aren't addressed, not the least of which are what kinds of contracts Chuck and Eric negotiated, to begin with.

1) During Greg's absence from the band, how many albums were released (2 new, "Demonic" and "The Gathering" along with "First Strike" where Greg gets "composer" credits), tours toured (boatloads) and income banked that put Eric and Chuck in the situations they're now in? I mean, an 8- or so year gap in Testament-based income is nothing to sneeze at, and certainly factors in, especially when combined with


2) New revenue streams -- with Chuck, Eric, Alex and Gene having other income to subsidize Testament's overall income, it would certainly make it easier to spend more money than someone who doesn't have these revenues, not to mention


3) Royalties...If Greg doesn't have a contract in place stating, *explicitly*, what his cut of each *song,* let alone albums are, that's a big no-no.  It all comes down to what you've signed as to what you get in this department -- nothing is guaranteed; nothing.  If these weren't done when Legacy became Testament and he became part of that monster, then it *really* needed to be done when he re-joined, since I'm not sure what legal weirdness happens when you quit a band and what carries over beyond hopefully pre-negotiated and contracted royalties.  If he's saying he's not getting royalties, I'm wagering no contract was signed stipulating this.  If there was, then, yeah, it's time to bring in a lawyer. 


4) We don't know what the other members got paid.  It *could* have been the same, though I really doubt this, but, again, with more in the bank, it's a lot easier to make do with $500/show than someone relying on the $500/show to feed, house and transport him to the next show...

There's also
5) How much does it cost to ship gear?  Yeah, I know $100K sounds like a lot for a show.  And, really, compared to local bands jumping over the moon for $100/show at a bar, it is.  Now, I know when I fly, I have to pay $50+ for each additional piece of luggage and I have to check my guitar...singular...in a flight case...$50, and praying nothing impales it.  I can't imagine what flying a stage full of gear would cost, even at a "economy shipping rate."  I guess I could look it up, but between that, whatever is on the rider, new strings, sticks, cords, etc., per show...somehow I think it could add up quicker than one would care to think, considering also insuring all of the gear, maybe on a per-flight basis, in addition to whatever a 3-month-tour-worth-of-clothes suitcase armada looks like (they're guys...1? ;) ) and what extra baggage costs those are (though, the band members have to pay for this, it sounds like...).  You also have to pay your


6) Your management, your promoters and your crew -- sound guys, roadies, strange hangers-on that you think might be part of the entourage, but can't quite remember, but they look "metal" -- "Wanna go to Tokyo?"  Then there's gas for the buses or whatever transports your gear from the airport to the venue.  It all has to come from somewhere, and odds are good, you're paying for this from the revenues from the previous night's gig.

I could be wrong, but it really sounds like it comes down to not walking in with a lawyer at the get-go to negotiate a proper, satisfactory contract.

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