Discussion: Contracts and Artist representation 1 Week 2 Discussion Board Discussion Board Assignment Read the ???????????????????????????????? below and analyze/discuss the issues with the proposed contract as if you represent the artist. Discussion Board Goal By completing the discussion board, you will gain a better understanding of contracts as a whole. Discussion Board Specifications Manager is new to the music business, but he is very excited about starting his career as a manager. Right now, he is desperately trying to convince artists to let him represent them. When he attends shows and sees artists he likes, he talks to them after their set. Manager explains that he will do everything he can to make the artists big money and get them excellent deals if they just let him be their manager. As he says, great management is an investment and if the artist is willing to invest in him, they’ll be investing in the right man. Manager doesn’t hide his contract from the artists; he always shows them a copy of his management contract so that they can review it. In particular, he points out that in his contract, his artists are entitled to a lot of great benefits at every gig. He also describes how he will be a one-stop-shop for his artists, so they won’t have to deal with lots of different people just to perform the music they love. Manager also offers to have his lawyer discuss the contract with the artists, so that they get some legal advice before they sign the agreement. An artist who is considering signing this contract already discussed it with Manager’s attorney and now has brought it to you for advice. Please advise Artist on what problems and/or benefits you think the agreement has and whether he should sign with Manager. The contract reads as follows: Whereas, MANAGER is an experienced manager in the entertainment industry; Whereas, ARTIST desires to obtain MANAGER’S advice, counsel and direction in the development and enhancement of ARTIST’S professional career in the entertainment industry; Whereas, the nature and extent of the success or failure of ARTIST’S career cannot be predetermined; and Whereas, it is therefore ARTIST’S desire that MANAGER’S compensation be determined in such manner as will permit MANAGER to accept the risk of failure and likewise benefit to the extent of ARTIST’S success. 2 1. TERM ARTIST hereby engages MANAGER as ARTIST’S exclusive personal manager and advisor for a period of three (3) years commencing on the date hereof. 2. SERVICES MANAGER agrees during the Term hereof to advise, counsel and direct ARTIST in connection with all matters relating to ARTIST’S professional career in all branches of the entertainment industry, including without limitation: (a) in the selection of literary, music and musical material; (b) with respect to publicity, public relations and advertising; (c) with respect to the adoption of proper formats for the presentation of ARTIST’S music talents and in the determination of the proper style, mood, setting and characterization in keeping with ARTIST’S talents; (d) in the selection of music and other talent to assist, accompany or embellish ARTIST’S music presentation; (e) with regard to general practices in the entertainment and amusement industries; (f) with respect to compensation and privileges extended for similar music values; (g) with respect to the selection of theatrical agencies, talent agencies, and other persons, firms and corporations who will counsel, advise, seek and procure employment and engagements for ARTIST; and (h) concerning any other matters as to which ARTIST may request MANAGER’S advice and which relate to ARTIST’S activities in the entertainment industry. 3. FEES & COMMISSIONS As compensation for MANAGER’S services, ARTIST shall pay to MANAGER an initial Set-Up Fee of $500.00 as a one-?time administration fee for the 1st 30 days of service for MANAGER to review and examine existing business plans, contracts, deals and other pertinent business to set-?up operations to manage future business. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER 3 throughout the full Term hereof, as and when received by ARTIST, twenty-?five percent (25%) (herein "Commission") of ARTIST’S Gross Earnings. (a) The Term "Gross Earnings" as used herein shall mean and include any gross monies or other consideration (without any exclusion or deduction) which ARTIST may receive, or which may be or become due or payable to ARTIST as a result of ARTIST’S activities in and throughout the entertainment industry, whether as an actor, performer, writer, composer, author, publisher, lyricist, singer, musician, artist, technician, producer, director, supervisor, executive consultant or proprietor, including any and all gross sums resulting from the use of ARTIST’S music talents and the results and proceeds thereof. As compensation for MANAGER’S services, ARTIST shall pay to MANAGER a 25% interest in all copyrights created, shopped and/or placed during the term of agreement. ARTIST also agrees to pay MANAGER the Commission following the Term hereof upon and with respect to any of ARTIST’S Gross Earnings derived from any and all employments, engagements, contracts, agreements and activities negotiated, entered into, commenced or performed during the Term hereof in perpetuity relating to any of the foregoing, and upon any and all extensions, renewals and substitutions thereof and therefore, and upon any resumptions of such employments, if resumed within eighteen (18) months after the expiration of the Term hereof. 4. ARTIST’S CAREER ARTIST agrees at all times to use ARTIST’S best efforts to devote himself to ARTIST’S career and to do all things necessary and desirable to promote ARTIST’S career and earnings therefrom. 5. SCOPE MANAGER shall only be required to render reasonable services that are provided for herein and when reasonably requested by ARTIST. MANAGER shall not be required to travel or to meet with ARTIST at any particular place except in MANAGER’S discretion and only after satisfactory arrangements have been made for the costs and expenses of such travel to be paid by ARTIST. ARTIST understands that MANAGER is acting hereunder as an independent contractor and that MANAGER may appoint or engage any and all other persons, firms or corporations throughout the world, in MANAGER’S discretion, to perform any or all of the services which MANAGER has agreed to perform hereunder. MANAGER’S services hereunder are not exclusive to ARTIST, and MANAGER shall at 4 all times be free to perform the same or similar services for others as well as to engage in any and all other business activities. (a) In connection herewith, it is specifically acknowledged and agreed that MANAGER shall have the right to act as personal manager for any other musicians, vocalists or other persons whether or not they may be affiliated with ARTIST and that no advice and counsel which MANAGER may render to such individuals in connection with MANAGER’S services to them shall be deemed to be a breach of this Agreement or of MANAGER’S obligations and duties hereunder. 6. CONTROVERSIES In order to make specific and definite and/or to eliminate, if possible, any controversy which may arise between the parties hereunder, ARTIST agrees that if at any time ARTIST believes that the terms of this Agreement are not being performed by MANAGER as herein provided, ARTIST will so advise MANAGER in writing by certified mail, return
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