Artist management agreements series; (part 3) the manager’s responsibilities and activities

The territory

Generally, the manager will be appointed on a world-wide basis. However, the artist might wish to limit the territory by, for example, excluding the UK, USA, Japan and Canada. (Obviously, he might feel that separate management representation in these huge markets might be preferable). This has its benefits, of course, but such arrangements are often unwieldy and cumbersome, and can cause conflicts between the various managers involved.

In general, the most sensible arrangement is for the parties to agree on a world-wide appointment, but on the basis that:

1. A sub-manager be appointed for important foreign markets such as the UK, USA, Japan and Canada, by the joint agreement of the manager and the artist; and

2. Any other sub-manager should likewise be chosen by mutual agreement.

Importantly, you should see to it in the contract that the sub-manager’s commission should be paid out of the manager’s commission. There is no point in paying two people for one person’s work.

The manager’s responsibilities and activities

The manager’s appointment might be very broad and might encompass all of the artist’s activities in the entertainment industry (including all the spin-offs of the artist being a successful recording artist, such as screen acting, stage acting, writing books, art and even photography (as in the case of Brian Adams)).

Alternatively, the manager’s appointment might be limited exclusively to the artist’s activities as a songwriter, recording artist and concert performer. The relevance of this issue is two-fold: - firstly, if the appointment encompasses all the activities then the manager has the right and authority to negotiate the artist’s agreements with third parties in all those areas of the artist’s endeavours; secondly, the activities will generate commission for the manager in all those areas of the artist’s endeavours.

When discussing this, it is important to have regard to the manager’s expertise and experience in the various fields of activity. The artist should appreciate that the manager will be his sole and exclusive representative in all business matters if this is what was agreed to, and this may be a good or a bad thing, depending on the manager’s competencies and contacts. If you foresee that you will have an active music career and an equally successful acting career, but the manager to whom you are signing only has abilities in the field of music, you would be foolish to sign your entire career over to him.

This is what a typical manager’s responsibilities clause (including the power of attorney) might look like:

“ARTIST hereby grants to COMPANY, without reservation and to the exclusion of all other, irrevocably for the term of this agreement, full rights and mandate to represent ARTIST for all purposes, in all spheres and in every medium of the entertainment industry, howsoever arising, and whether contractual or otherwise, throughout the territory. In this regard ARTIST grants to the COMPANY full power of attorney and agency to enter into contracts for and on behalf of ARTIST, whether in whole or in part, with regard to any function or activity relating to the operations of ARTIST, including but not restricted to:

1. live performances, touring and live theatre;

2. composition and recordings;

3. promotional and advertising activities;

4. media exposure, including radio and television broadcasts, publication in magazines, books, newspapers and internet presence;

5. cabaret and variety performances;

6. video recordings and motion pictures;

7. personal appearances and performances in all media formats;

8. advertising for third parties on whatever medium, including product endorsements;

9. all musical and non-musical creative pursuits;

10. all socially relevant occasions in terms of ARTIST’S commitment to public social responsibility, participation in radio and television talk shows and other presentations and the like.

11. Merchandising (i.e. the design, manufacture and sale of items bearing ARTIST’S name, likeness, logo, album sleeves and other graphic representations);

12. Agreements of whatever nature related to the creative industries, including but not restricted to those in the fields of recording, licensing and publishing.”