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

3. 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

4. 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

5. 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

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

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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

16. 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

17. 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

18. 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

19. 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

20. 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