Agents, Managers, and Attorneys Chapter Eight Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Start Thinking . . . Who seeks employment opportunities for an artist? Who negotiates contracts on behalf of an artist? Who advises artists on their career and long-term objectives? Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

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

Agents, Managers, and Attorneys Artists need support personnel There are several possible configurations of an artist’s team of professional assistants Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

The Team [Insert Figure 8.1a] Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

The Team in the Studio [Insert Figure 8.1b] Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

The Touring Team [Insert Figure 8.1c] Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

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

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

Agents National Full-Service Agencies Major cities of the world 10–15% commission Multiple contracts Handshake agreements Changing representation key man clause Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

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

Managers Artist’s personal manager Fees = 10–25% of artist’s deals Less famous stars = higher percentage for manager Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Managers Regulation of Managers Statutory regulation California law manager advises client about career talent agent license versus union constraints Union regulation franchise restrictions Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

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

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

Attorneys Litigation services Transactional services Represent artist in court Transactional services The bulk of day-to-day legal work Shortage of experienced lawyers in the entertainment field Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Attorneys Retaining Legal Counsel Finding an attorney What is their reputation? What is their experience in the music industry? How well do they know copyright protection? Role of the music attorney Payment options hourly fee retainer fixed fee contingent payment plan Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

Attorneys Retaining Legal Counsel Form of organization Contract negotiations The adversarial relationship Extralegal services Termination Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners

For Further Thought . . . What restrictions would a talent agent face when representing a SAG-AFTRA singer? What different functions do agents and personal managers serve, and which position is the most heavily regulated? What are the possible roles an attorney can play in the music industry? Music Business Handbook and Career Guide, 10th Ed. © 2013 Sherwood Publishing Partners