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| secure employment, and get % of the agreed upon money |
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| agents have 2 client bases |
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| 1.) roster of artists 2.) talent buyers (promoters or venues) |
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| long-term career advisement/development |
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| is not considered employment it is a venture |
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| as much entertainment happens there, california law is generally abided by |
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| can a manager directly secure employment? |
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| many union juristictions and laws in certain districts prohibit this. (hiring an agent indirectly secures employment) |
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| a legal representative of the act the act must fulfill agreements that the agent enters into |
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| they get a % of the gross= they want high ticket prices and sold out. generally 10-15% |
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| states require licenses for legal representatives |
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| agents work within companies though acts will generally have a “keyman” clause in contract, contracting them to a specific agent within the company |
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| specialize in entertainment law they maintain relationships with all entities in the music business. work out agreements between publisher/writer, record cont/artist, promoter/artist/agent, artist manager/artist. they must discolse of relationships that may pose conflict of interest. |
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1. get paid hourly rate (plus expenses)
2. set fee (no incentive to see it through)
3. contingency agreements- |
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| lawyer will not be paid unless or until there is money(this is more often if they are negotiating a deal) (though you will have to cover additional expense- so you insert “floors and ceilings” as far as spending goes here |
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| you can fire your lawyer at any time, though this is more difficult with a contingency agreement in place |
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| get songwriters with publishers ‘solicited” |
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| secure employment, regulate labor |
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American Federation of musicians (musicians union)
-recording sessions- rates
-live music (contracted musicians (work/break time periods)
-broadcast performance. |
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American Federation of musicians (musicians union)
-recording sessions- rates
-live music (contracted musicians (work/break time periods)
-broadcast performance. |
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| 300 to 900, 3 hr increments with 15 minute breaks (if you step into one 3 hour session you pay for the whole thing even if its only 5 minutes) |
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| royalty artist, non-union |
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| unions cannot prevent people from getting work, meaning non-union members @ union recording sessions are paid a union rate and work under inion conditions. |
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| American Federation of TV and Recording Artists (vocalists)-not considered musicians. higher rates for feature vocalists including residuals (royalties from broadcast) as it is considered higher risk to use voice. |
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2 forms.
1.Phonograph Recording Session-documents services and times
2. Production and Wage form- documents personel and wages |
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| play two instruments=you get paid twice. |
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| works for the union. responsible for hiring union members (may sit in on session to document it) |
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| one of the musicians on session who presides over the session. they earn double. |
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| healthcare and pension plan (record companies pay union small payments to support these) |
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| cannot directly secure employment- often employ assistance from office assents, tour/road managers, and business managers. |
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-responsible for collecting money
-getting the act to the venue
-all employess on the tour
-responsible for merchandise
-lights and sound
-travel/lodging/meals |
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| components that must be in place for manager to work |
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1. belief in artist talent
2. wll organized
3. honest
4. effective communicator
5. willing to hire in areas outside expertise
6. assembles/maintains industry contacts
7. share visiona nd goals with artist |
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| you can fire your manager but they are usually under contract. |
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| what does a manager technically do? |
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| takes potential-devlops and offers resource |
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| what the commission is taken out of, ex. income from recording, performance, publishing, merchandise |
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| standard practice is gross, exceptions are the recording budget |
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| artist has sole manager, generally unless artist is very powerful, not vice versa |
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| then you are working with that “keyman” and if he leaves you are no longer contracted to company. |
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| is artist management contract transferable? |
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| control expense=why you have a business manager |
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| manager is often entitled to (some or all) income derived from contracts established during the management agreement) |
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| is established, over time the managers commission decreases steadily to 0 |
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| terminated one manager, hired another one typically |
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| an escalation period will go into place for new manager. 1st manager is not entitles to work of manager 2, including renegotiated contracts |
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| things the manager thinks about |
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| what kind of performer is the act? who is the audience? can the audience be expanded? what can be done to fully exploit the artist potential? |
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| things the manager thinks about |
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| what kind of performer is the act? who is the audience? can the audience be expanded? what can be done to fully exploit the artist potential? |
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| writers? choreographers? musical director? |
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| Headline-set length, (headliners management is in charge of the show), techincal issues, Billing, (marquee etc.) |
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| radio, print press, web ( those with no news sell “the story” of the band) |
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one sheet
image
audio
contact info
tour dates
record release info
press clippings |
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| artist management contract |
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1. appointment
2.employment
3.assignment
4.term/termination
5.power of attorney
6. artists responsibilities
7.managers commission rate
8.managers commission base
9. accounting, payment structre
10. default/cure
11.arbitration |
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parties, services-“best efforts” and “reasonable” should be in there for this one. Manager offer advice and councel. any [subsets] -busness mgt.
-represntaion, designating manager as artist representation |
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| limitations/prohibition of transfer of the agreement where you might give permission to let manager hire people to take care of subset type work. exclusivity is here. keyman clause here too. |
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| mgr is the sole rep of artists, artists also want vice versa but most managers will not go for that. |
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| initial time period, and any options at the discretion of both parties. options often include income plateaus be reached and escalations for managers. |
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| 3 year periods with 1 year options |
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| right of the manager to enter into agreements on behalf of the artist (time and money limitations are put in place here) |
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| concert promo business startup |
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| register co. name with local/state offices and obtain a business license and get a bank account |
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needed for-security deposits for venues
-advances to performers
-potential losses
-promotion advertising expense |
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co-sponsorship:
local radio
-record companies
-papering the house
-venue
-corporate sponsorship |
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| provide free or low cost ads in exchange for billing/rep dj |
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| negative tour support meaning the rec. co. pays money to promotor to put on the show-eventually comes out of artist royalties |
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| record company buys a block of tickets-very commmon for up and coming acts. |
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| reduction in rental for participation n ancillary sales (primarily merch) |
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| (fly a banner for few thou sort of thing)-venues may have ties to competitors=show may not be able to happen there |
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| (fly a banner for few thou sort of thing)-venues may have ties to competitors=show may not be able to happen there |
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| ticket pricedeterming the value of seats v. draw v. what audience will pay |
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| college sponsoring-no ticketing, are in many cases closed events=unpublicized (restricted) meaning you can have another publicized event in area. |
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| venue rental, liability insurance, security, promotion |
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-flat fee
-flat fee and or % the gross |
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| venue just provides the room |
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| things venues can provide |
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| personnel, stagemangers, lights and sound, box office |
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| where must you break even? |
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| 5-10% rental, 15% for promostion expense, 10% for unforseen expense |
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| document, part of contract specifying what promoter must supply in terms of audio/lights |
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| personall needs, this is part of contract |
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| agent, they work out ossible dates (artists will have a standard fee, guarentee-may be tiered to venue size) |
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| fixed amt of money due to artist no matter what, (will need a deposit of 50% of guarentee. percentage, based on ticket sales |
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| often contract is guarentee vs. percentage |
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| promoter must put a Hold on it often 50% of deposit |
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| standing room only, not actually a thing anymore cause of fire code, but means sold out |
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| agent will have a opener with a headliner, promoter can offer agent a number of shows. |
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