| When
negotiating contracts with your representatives, there are
a number of factors to be considered. A crucial negotiating
point is how you will get out of the agreement if the relationship
with your representative doesn't turn out well.
This may seem cynical. However, the musician's
right to terminate a management agreement and the music manager's
right to payment after termination have been central issues
in some of the most drawn-out legal battles involving musicians.
For that reason, you should address these
issues at the beginning of the representation relationship.
Negotiating termination rights is most critical in agreements
with personal managers and talent agents. Typically, your
agreement with an attorney or business manager can be terminated
at will with minimal complications.
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Musicians may seek advice from several music
managers during the course of their careers. The personal
manager is the music manager who assists the performing artist
in the development and overall direction of his music career.
TERM
Personal management agreements normally run
for 1 to 5 years. Most managers will want a term of at least
3 years. It is in the artist's interest to have the option
to terminate the agreement if certain goals are not met. For
example, the artist may have the option to terminate the contract
if the artist has not secured a recording contract within
18 months of entering into the personal management agreement.
EXCLUSIVITY
Personal management agreements are exclusive.
This means that the artist can not have another party perform
the duties of a personal manager. However, the personal manager
may represent other artists.
DUTIES OF PERSONAL MANAGER
In advising, counseling and assisting the
artist with career development, the personal manager's duties
are varied and often undefined, and may include many of the
following activities:
* Assisting in the selection of songs, background
vocalists, and producers for demonstration tapes and record
albums
* Helping the artist secure a recording contract,
songwriter agreement and other music contracts
* Coordinating relations between the artist
and the record company and music publishing company
* Overseeing the planning of publicity and
marketing campaigns
* Coordinating tour schedules
* Aiding in the selection of and coordinating
the efforts of the artist's other business advisers (attorney,
booking agent, business manager, etc.)
* Handling the day-to-day tasks of managing
the artist's career
* Acting as the liaison for communications
between the artist and the rest of the world
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
|
