Part 3: Managing Artist Relationships

Chapter 8

Start Thinking. . . Who seeks employment opportunities for an artist?

Who negotiates contracts on behalf of an artist?

Who advises an artist on their career and long-term objectives?

Chapter GoalsLearn what a talent agent does and how the agent’s activities are regulated.

Gain an understanding of the role of the artists’ personal manager and how the manager’s activities are regulated.

Acquire awareness of the services performed by the music business attorney and how the attorney is selected, retained, compensated, and discharged.

Agents, Managers, and AttorneysArtists need support personnel

There are several possible configurations of an artist’s team of professional assistants:

The Team

The Team in the Studio

The Touring Team

AgentsBooking/talent agent = person in the full-time business of procuring employment for artist

Two kinds of clientsartiststhe buyer of such talent

Agent’s task

AgentsRegional and Boutique AgenciesRegional agencies

small group of agentshandle local bookingsminimum survival level

Boutique agenciessmall and specializedLos Angeles or New York

AgentsNational Full-Service AgenciesMajor cities of the world10%-15% commissionMultiple contractsHandshake agreementsChanging representation

key man clause

AgentsRegulation of AgentsStatutory regulation

California lawagent = only one to procure artist’s employment

Talent Agencies Act of 1978 and Employment Agency Act

Union regulationmaximum allowable commissions are stipulatedprofessional activity can be limited lengths of contracts are limited

ManagersArtist’s personal managerFees = 10%-25% of artist’s dealsLess famous stars = higher percentage for manager

ManagersRegulation of ManagersStatutory regulation

California lawmanager advises client about careertalent agent license versus union constraints

Union regulationfranchise restrictions

Disputes with Clients – see page 151

ManagersAssistants to ManagersRoad managers

transportation of people and equipmentmeals and lodgingsecurityhire tour accountantssupervise sound reinforcement and lighting personnel

check box office receiptscollect performance income

AttorneysLitigation servicesTransactional servicesShortage of experienced lawyers in the entertainment field

AttorneysRetaining Legal CounselFinding an attorney

1. What is their reputation?2. What is their experience in the music

industry?3. How well do they know copyright protection?

Role of the music attorneyPayment options

hourly fee fixed fee contingent payment plan

AttorneysRetaining Legal CounselForm of organizationContract negotiationsThe adversarial relationshipExtralegal servicesTermination

For Further Thought. . . What restrictions would a talent agent face when representing an AFTRA singer?

What difficulty do personal managers face when working in California, and what options do they have to overcome this difficulty?

What are the possible roles an attorney can play in the music industry?