While gathering background for a profile of the notable local-music-scene figure, I found that while most music types I spoke with don't personally know Barber, everyone has an opinion about him. They would accusingly quip, "He's a lawyer," or ask, "Isn't he the guy who got Vendetta Red signed?"
Well, yes, he is a lawyer. In fact, he's one of the few entertainment lawyers in town who works exclusively with the music industry. Many local bands that have a question about a contract or want to start exploring major (or even indie) label options call Barber.
And yes, he is also the guy who got Vendetta Red signed. Kind of.
In 2002, the local rock outfit inked their much-talked-about contract with Sony Records. The signing was met with mixed reactions, as is generally the case when any previously independent artist decides to work with a major label--which often gives fans the false impression that the band's only intention is to make money and get really, really famous. Vendetta Red's deal, specifically, left a bad taste throughout the scene because not only had the band just released their debut full-length record on the local indie label Loveless Records, but they were young and still considered a fairly new band who had yet to "pay their dues" (i.e., bust ass in the local scene for years).
In Seattle, where music is often celebrated as an art form rather than a business, a lot of folks in the community are uncomfortable with the idea that it's also a major industry, which makes Barber's position a lightning rod simply because the nature of his work is business-related. With this city's growing number of indie record labels and artists, and some popular bands focusing their energies playing atypical venues, Seattle musicians tend to question anyone with an industry-oriented agenda. So as expected, people began to question Vendetta Red for their ambition and Barber for helping to aid it along.
"Unfortunately, a lot of people focused on the deal instead of seeing the band for themselves," says Barber, "and because [of that], they thought Vendetta Red must not be a good band or good guys."
Having already formed a friendship with VR before the deal went down, Barber watched as interest in the band began to culminate, and says it quickly became apparent that the band needed outside assistance to help field offers. "This is the situation that's really unfortunate for most artists because you have a group of 18- to 22-year-old kids who have no business making the kind of decisions they're about to make. There were a lot of offers from labels coming in, and I was like, 'You guys need a lawyer right now,'" says Barber. "Then it just escalated. I brought up Capitol, Artist Direct, DreamWorks; they all had reps come up to see the band."
Ultimately, though, the major-label interest was already there with VR, and a deal would've happened whether or not Barber was involved. And no matter where you stand on the major-label issue, there are bands whose goals are to sign to one from the very beginning. Even in "DIY or die" Seattle. Barber says his intention in working with such bands is to ensure that they're protected in their choices.
"I make any artist that is considering going to a major [label] very aware of what it's like to work with such a label. You're basically entering into a partnership. You're letting somebody in to dictate a lot of things--direction, choice of producers, where you're going to record, who's going to mix your record, artwork, photos, on down the line," he explains.
"You have to provide something for them to promote you [with], and if you don't, it means the label can sit on your record, they can stop promoting it, or they can pull tour support."
Entering into such a situation isn't up to a lawyer; it's up to a band. So Barber's job is to ensure that the choice is as thought out and smart as possible. And he doesn't only work with major-label and big-money bands. "I can point to my roster and show you a bunch of bands that have never made any money or been able to pay me," Barber says with a laugh.
His roster (about 30 clients long) includes local indie acts like the Ruby Doe, Kinski, and United State of Electronica, as well as producer John Goodmanson (who has worked with the Blood Brothers, Harvey Danger, and Sleater-Kinney). Of Barber's list, only four acts are currently on major labels (Vaux, Acceptance, Brandi Carlile, and Vendetta Red).
He does everything for his clients, from one-time contract negotiations to acting as their full-time management and legal representation.
"Every band is unique and has its own goals. My job is to make them aware of all the different opportunities," he says. "I let them decide for themselves where they fall within all those options."
Barber came to Seattle after graduating from law school in 1996 (he attended Southern Methodist University in Dallas, TX). "I decided to go to law school just because I didn't really know for sure what I was going to do," he explains. "I didn't necessarily know what lawyers do, and then when I found out, at least in a traditional sense, I realized that probably isn't what I wanted [to do]."
A music fan, Barber knew the only way he was going to find happiness in his new career was to somehow use it to involve himself in the music industry. After graduation, he came to Seattle with the goal of doing just that.
"I perceived Seattle as a big music town, and fortunately I was right," he says. "That doesn't necessarily mean that Seattle is a big music-industry town; the two are very different. But I'm trying to change that. Everybody told me that I'd have to be in New York or L.A. to do what I do and I refuse to believe it. There's no reason that I need to be there to help protect artists or promote artists to labels."
Barber offers a service to musicians, but he's also a businessman, a moneymaker, which is enough to give people the idea that he might be taking advantage of young and somewhat naive bands to make money off of deals that might not be in their best interest. It's a claim Barber says is completely unfounded.
"As a lawyer I'm bound by the Rules of Professional Conduct. If a lawyer enters into some kind of arrangement and is just out to get the band a deal to get a fee, then he can be called out on that and potentially be disbarred," he explains. "I don't get paid unless [the band] gets paid, but what I won't allow to happen is for the artist to do a deal that's not in their best interest just to get a legal fee from them."
Barber also points out that if he were in the business strictly for the money, well, then he would be in the wrong business.
"I'm now in my seventh year of practice as a lawyer," he says, "and if I had stayed with the firm [where he worked for two years before branching out on his own] I would be making substantially more money than I do now. If you are in the music industry to make money, you won't last very long. People will know that's your motive. It's too emotional and emotionally draining of an industry to be in it for money."
Still, people talk, people assume. And Barber has fallen prey to small-town gossip a number of times. For example, the situation between him and the Divorce, another one of his clients, became a topic of discussion for many. The rumor mill painted a very ugly relationship between the two parties, and everyone who was talking about it (read: friends of friends) insisted that the two former cohorts are now on very bad terms.
Shane Berry, singer for the Divorce, sets the record straight:
"We're still working with him," insists Berry, "he's just not as hands-on as he once was. He was acting as a manager, but I'm not sure we had the same ideas for the direction of the band. Some people may have taken that the wrong way and ended up thinking that we had a falling-out or a bad relationship. That's not true. He's still a good friend of mine. And he's still definitely our lawyer."
Barber's is obviously a job that brings countless downfalls and accusations, but he claims in the end that he does it because he truly does want to protect artists and be a part of the music community.
"A lot of times, working around music is the only redeeming aspect of the job," Barber admits. "You run into situations where you don't get paid or people devalue what you've done. The music industry is full of very low lows and very high highs; you rarely get to coast at a middle ground. The redeeming thing is that you're still involved in music."
