Your Guide to an Artist Management Agreement
1.Exclusivity: In most cases and as a practice in the industry, an artist in one go only engages with one management, the reason being that multiple managers bringing in multiple deals always depicts in practice the famous saying that ‘too many cooks spoilt the broth’. As a talent management agency, you want your artist to be exclusively yours therefore a written clause indicating that your artist should not engage with any other person or entity for the term of your agreement is very essential.
2.Remuneration: Almost parallel to any other aspect of the agreement in terms of importance is deciding on the remuneration you get for managing the artist. The terms of this clause should be as clear as possible. If you are taking 15%, then your agreement should clearly indicate 15% of what. Over and above mentioning the percentage share you get from a deal, you can in certain instances put a cap on your minimum share and leave open the option to increase percentage based on the size of the deal. Further, decide on dates when the imbursement is to be released to the artists so as to avoid any confusion w.r.t. the payments
3.Goals: Before signing any Artist Management Agreement, always have a mutual and clear understanding of the long-term goals of your artist. This helps in understanding the kind of gigs you need to bring in for your artist and their expectation of you. Put down in writing your understanding with the artist to avoid any confusion/ issue at a later stage.
4.Term: It is very important to have the term set out in the agreement. As the manager signing the artist you may have the liberty to decide how you want to carve out the term of the agreement. Whether you want to continue for a long period of time or you want automatic renewal after the first year or you want to review progress after ‘x’ months to see if the artist is performing up to your expectations. You must always have in writing the term for which you wish to engage with the artist.
5.Decision: Always include in your agreement a clause that clearly puts out who the decision maker is. While in practice people often mutually decide on matters of this kind, however it is essential to have a written agreement on who the ultimate decision maker is. As a manager you should be in charge of the final decision being made for your artist because at the end of the day, how they perform directly reflects on you as a brand.
6.Termination: Be clear about actions that can lead to termination of the agreement. It is not uncommon to have artists who behave unprofessionally at times, whether or not you wish to report such behaviour or take action against it is your choice, but at all times keep in your agreement a clause that safeguards you and your public image from any such act.
7.Obligations: Your agreement should have the duties and obligations of both the parties very clearly set out. Be firm in what you expect from the artist, whether it is performance standards, or behaviour expectations or any other term which is crucial to you, make sure to put that down in writing to avoid any confusion at a later stage.
8.Reputational damage: Often in practice, the action of the artist reflects on the reputation of the manager too, whether or not you are involved in any activity it is presumed that being the manager of the artist you have direct responsibility for their actions. Always in writing hold yourself harmless from the actions of the artist. If you are a company managing several artists, you cannot be held liable for every act of every client, therefore include a clause in your agreement relieving yourself from any such liability.
9.Original work: In your agreement with the artist have a clause that makes it necessary for them to perform, deliver original works. As an artist management company, you do not want people to form opinions of you or your artist being a rip-off. Demand only original work and take in writing that all performances/ deliverables of the artist are original to your best knowledge.
10. Assignment : Ensure that the artist cannot assign his rights, duties or obligations arising out the agreement to any third person. You need to for the sake of clarity put in writing that no person other than the artist himself is responsible for the performance of the contract.
11 Reimbursement: Discuss in advance and put in writing the understanding you have with the artist w.r.t. the payment for miscellaneous expenses and incase those are borne by you, include in the agreement the time frame within which they should be reimbursed, or if they should be deducted from the pay of the artist. As a manager you are travelling with the artist for events and more therefore the internal system that would facilitate your reimbursement should be very clear.
Conclusion
In conclusion, an Artist Management Agreement is the foundation of the relation between an artist and the manager therefore it is very important to ensure that all the terms contained thereof are very well written. While the ideal way is to ensure proper legal assistance is taken to draft such crucial agreements, for those who do not wish to consult professionals, this write-up enlists in brief the important clauses you do not want to miss out on.
Author: Medha Banta– LLM, IPR and Technology Law Associate Khurana & Khurana, Advocates and IP Attorneys, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing.
