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 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

The Team in the Studio

The Touring Team

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

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

Agents National Full-Service Agencies Major cities of the world 10%-15% commission Multiple contracts Handshake agreements Changing representation key man clause

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

Managers Artist’s personal manager Fees = 10%-25% of artist’s deals Less famous stars = higher percentage for manager

Managers Regulation of Managers Statutory regulation California law manager advises client about career talent agent license versus union constraints Union regulation franchise restrictions Disputes with Clients – see page 151

Managers Assistants to Managers Road managers transportation of people and equipment meals and lodging security hire tour accountants supervise sound reinforcement and lighting personnel check box office receipts collect performance income

Attorneys Litigation services Transactional services Shortage of experienced lawyers in the entertainment field

Attorneys Retaining 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 fixed fee contingent payment plan

Attorneys Retaining Legal Counsel Form of organization Contract negotiations The adversarial relationship Extralegal services Termination

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?