| If
you are presented with a music contract that lasts longer
than a short period of time, requires you to pay over a percentage
of your income or puts you in an exclusive relationship, you
should have an attorney experienced in music law review the
contract before you sign it. That means consulting with an
attorney before signing an extended contract with a talent
agent, a personal manager, a record label or a music publishing
company.
No contract is set in stone. Even if you are
a new songwriter or performing artist, the music contracts
set in front of you are generally not take it or leave it
offers. Even the musician with very little bargaining power
can get the other side to make at least some concessions in
his favor if he knows what to ask for. This is where an attorney
familiar with the common music industry contract terms can
help you.
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Many lawyers will have an initial meeting
with you free of charge. At that meeting you can discuss your
specific legal needs, the attorney's experience in the music
industry, whether the attorney has any conflicts that might
prevent her from representing you on a particular deal, and
her fee arrangements.
To find an interested attorney, the artist
should locate a list of music attorneys, call them, and ask
if they will are willing to listen to new material for possible
representation. Most attorneys will probably suggest that
the artist send in a demo. If the attorney hears potential,
and wants to represent the artist to labels and publishers
(i.e., submit the demo), the lawyer will expect to be compensated.
There are several different ways to structure a lawyer's fees.
The most common fee structure is the hourly
fee. Here, the attorney will charge the artist a set rate
($100-$400) per hour for time spent working for the artist.
Another common arrangement is the flat fee. This means that
the artist will pay a set amount which will not change regardless
of the time the attorney works.
Probably the most beneficial plan for the
struggling artist (and the least common), is for the attorney
to get paid a percentage of the income on the agreement the
attorney negotiates. Under this last instance, the typical
arrangement would be for the attorney to receive 5-10% of
the advance money that the artist realizes upon signing a
deal.
Keep in mind that the above scenarios are
not exclusive and that there are many different fee arrangements
which can be entered into with an attorney.
Music
agent or composer agent | The
Personal Manager | Music
Attorney | Business
Manager |
Negotiating
Contracts with Your Music Agents | Why
use a music entertainment agency ? |
Business
Formation | Management
Agreement
|
