MUSIC MANAGER CONTRACTS- BEFORE YOU SAY I DO…
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Are you an upcoming artist? Thinking of taking up that juicy offer with a management company, here are a few Music Manager/ Artist Basic 101 in order to avoid a *one chance* encounter (Nigerian slang) …
General
- Most importantly, contact a Lawyer and not just any Lawyer, a Media and Entertainment Lawyer.
- The agreement should be simple and contain information on money, division of labour etc
- The agreement should be beneficial to both parties. No matter how experienced the manager is, your talent is worth much more, always keep that in mind and don’t sign yourself into slavery.
· You need to understand that every Artist/ Manager situation is unique, and one size does not necessarily fit all so adapt the guidelines indicated, depending on the scenario that you find yourself.
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Specifics
Duration of the Contract and Termination terms- It will be necessary to agree on duration and cancellation policy. A one-year tenure with an option to extend subject to the agreement of both parties will be advantageous for the artiste whilst the manager would prefer a longer term to expend sufficient time and effort to jumpstart the artist's career.
It is usually advisable not to leave the option of an extension to the music manager alone. Ensure that the manager’s failure to perform is a breach of contract. Also to be included is a provision for putting the manager on notice in the event of a default of the contract, which if not cured within a reasonable time will result in termination of the contract.
Manager’s Obligations- The contract should contain job specifications- this should include label promotions, getting gigs and basically kick the ball rolling for you. Most agreements provide a very broad array of management services so that the manager has control over almost every aspect of the artist’s entertainment career.
Manager’s Exclusivity- Most managers would prefer an exclusive contract with the artiste and there is little room for negotiation in this regard.
Money:
Management Fee-The standard is between 15-20% of earnings however it can be negotiated to up to 50% of earnings (the more experienced the Manager, the higher rate of negotiation). Managers are usually also entitled to proceeds from album sales, label advancing, earnings from deals negotiated. Note however that this would be subject to contract.
Expenses- The agreement may contain clauses which indicate that you will be required to pay for your manager’s business trips on your behalf and miscellaneous expenses incurred in the promotion of your brand subject to your authorization.
Post-term Compensation – It is extremely important for the agreement to state that commissions should be grounded only on deals actually entered or substantially negotiated during the term of the contract, and not after the Term.
Manager’s Authority – It is important for the agreement to state that the Manager requires the artist’s knowledge and permission to act on his behalf. However, there should be an advance approval given by the artist for the manager to use his name and likeness, expend money on his behalf within a certain limit.
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