Net- cut out expenses artist pd before mngr gets pd % (Artist wants this) Records deals: most the $ coming from record pays for the actual recording Gross- income before expenses (Mngr wants this) Mngr can get portion of getting client a record deal, i.e. finder’s fee But if att’y, may not be allowed finder’s fee Term Generally 3 years, 2 for newer/younger mngr Irvine- 5 yrs (Owner of Frontline Mgmt- the most important mgmt co in world; he only works on a handshake deal) Way to incentivize—longer term = need to get artist more work After Term Income (“sunset” provision) $ earned after agmt is over for deals that occurred during mngr’s term Makes sure mngr gets pd for everything he worked on Expenses Dictates what mngr can spend w/o authority & still get reimbursed by artist Mngr still has to inform artist of all expenses on a regular basis Authority Mngrs usually want: Power of att’y Ability to hire/fire ppl Dictates what artist wants mngr to be able to do On certain issues, will always need artist’s permission Other: Arbitration clause Fiduciary duties Mngrs want reasonable efforts, artists want best efforts Cases—This is all CA Law Buchwald v. Superior Ct of San Fran (CA 1967) Katz signed Jefferson Airplane Katz not licensed Said he would procure shows for them & receive commission All mngr agmts disclaim: I’m not your agent even if I get you a job Agmt says supposed to resolve disputes through AAA, instead referred to Labor Commiss’r under Talent Agency Act (TAA) TAA K b/w unlicensed agent & artist void Agmt b/w Katz + JA for personal rep advisor & mngr Does not promise to obtain employ’mt for JA JA says verbal promise
Net- cut out expenses artist pd before mngr gets pd % (Artist wants this) Records deals: most the $ coming from record pays for the actual recording Gross- income before expenses (Mngr wants this) Mngr can get portion of getting client a record deal, i.e. finder’s fee But if att’y, may not be allowed finder’s fee Term Generally 3 years, 2 for newer/younger mngr Irvine- 5 yrs (Owner of Frontline Mgmt- the most important mgmt co in world; he only works on a handshake deal) Way to incentivize—longer term = need to get artist more work After Term Income (“sunset” provision) $ earned after agmt is over for deals that occurred during mngr’s term Makes sure mngr gets pd for everything he worked on Expenses Dictates what mngr can spend w/o authority & still get reimbursed by artist Mngr still has to inform artist of all expenses on a regular basis Authority Mngrs usually want: Power of att’y Ability to hire/fire ppl Dictates what artist wants mngr to be able to do On certain issues, will always need artist’s permission Other: Arbitration clause Fiduciary duties Mngrs want reasonable efforts, artists want best efforts Cases—This is all CA Law Buchwald v. Superior Ct of San Fran (CA 1967) Katz signed Jefferson Airplane Katz not licensed Said he would procure shows for them & receive commission All mngr agmts disclaim: I’m not your agent even if I get you a job Agmt says supposed to resolve disputes through AAA, instead referred to Labor Commiss’r under Talent Agency Act (TAA) TAA K b/w unlicensed agent & artist void Agmt b/w Katz + JA for personal rep advisor & mngr Does not promise to obtain employ’mt for JA JA says verbal promise
Entertainment%20Law%20-%20Fall%202011-%20Rosenthal.docx