Chapter 8 Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Chapter 8

Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Agents, Managers, and Attorneys

Chapter Eight

Start Thinking . . .

1. Who seeks employment opportunities for an artist?

2. Who negotiates contracts on behalf of an artist?

3. Who advises artists on their career and long-term objectives?


Chapter Goals

• Learn 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 Attorneys

• Artists need support personnel

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


The Team

[Insert Figure 8.1a]


The Team in the Studio

[Insert Figure 8.1b]


The Touring Team

[Insert Figure 8.1c]


Agents

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

• Two kinds of clients Artists the buyer of such talent

• Agent’s task


AgentsRegional and Boutique Agencies

• Regional agencies small group of agents handle local bookings minimum survival level

• Boutique agencies small and specialized Los Angeles or New York


AgentsNational Full-Service Agencies

• Major cities of the world

• 10–15% commission

• Multiple contracts

• Handshake agreements

• Changing representation key man clause


AgentsRegulation of Agents

• Statutory regulation California law agent = only one to procure artist’s employment Talent Agencies Act of 1978 and Employment Agency Act

• Union regulation maximum allowable commissions are stipulated professional activity can be limited lengths of contracts are limited


Managers

• Artist’s personal manager

• Fees = 10–25% of artist’s deals

• Less famous stars = higher percentage for manager


ManagersRegulation of Managers

• Statutory regulation California law manager advises client about career talent agent license versus union constraints

• Union regulation franchise restrictions


ManagersDisputes With Clients

• The main catalyst for disputes between artists and managers is managers acting as agents

• Rosa Blasi California Supreme Court ruled that only part of the

contract was void Big win for managers

• Ke$ha


ManagersAssistants to Managers

• Road managers Responsible for transportation, meals and lodging, security,

hiring tour accountants, supervising sound and lighting, checking box office receipts, collecting performance income

• Road crew members (roadies) hired to move and help set up performances lesser known acts pay minimum salaries plus travel expenses top acts tour with highly disciplined, well-paid crews


Attorneys

• Litigation services Represent artist in court

• Transactional services The bulk of day-to-day legal work

• Shortage of experienced lawyers in the entertainment field


AttorneysRetaining Legal Counsel

• Finding 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 attorney

• Payment options hourly fee

retainer fixed fee contingent payment plan


AttorneysRetaining Legal Counsel

• Form of organization

• Contract negotiations

• The adversarial relationship

• Extralegal services

• Termination


For Further Thought . . .

1. What restrictions would a talent agent face when representing a SAG-AFTRA singer?

2. What different functions do agents and personal managers serve, and which position is the most heavily regulated?

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


Documents

Chapter 8 Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners