Hello Roger,
Good for you and your new found talent! I'll look forward to hearing
him.
The following will give you examples of contracts and some excellent
material to read and some to purchase and download. There is a lot of
information here, and I know you need to move quickly. Let's get you
started:
http://www.popmatters.com/books/reviews/c/colonel-tom-parker.html
Colonel Tom Parker: The Curious Life of Elvis Presley's Eccentric
Manager
Author: James L. Dickerson
Cooper Square Press
June 2001, 257 pages, $27.95
"...One thing, however, meets with general agreement: whatever Elvis's
other problems may have been, his biggest failing was his utter
dependence upon his manager, Colonel Tom Parker. When they inked their
first contract, Parker took an unusual 25% commission; by the time of
the King's death, three-fourths of Elvis's income went into Parker's
pocket, seemingly without Elvis's knowledge. If Elvis was Faust,
selling his soul for the riches of the earth, Parker will always be
Mephistopheles, paying with a mess of pottage..."
http://www.askmen.com/toys/special_feature/27b_special_feature.html
Elvis Presley: 25th Anniversary Of His Death
By Bernie Alexander
Entertainment Correspondent - Every 2nd Sunday
"...But success and greed came at a price. With hopes of mega-success,
Colonel Parker signed Elvis to a slew of low-budget musical comedies.
And with money seemingly being at the forefront of all decisions made
by the Colonel, his management contract with Elvis was even
renegotiated to an even 50/50 split between the two, an unheard of
percentage in the industry..."
So I think what we find with Elvis is highly unusual, Roger. And any
contractual relationship is negotiable, so I am sure you (or I) could
find examples of percentages that range from below 10% (rare) for
artist management to the apparent high of Elvis and the Colonel (even
more rare). Do see the examples below.
This should be a very good resource, particularly as you have an
urgent need:
http://www.musiccontracts.com/
Here you can purchase and download forms and contracts including:
Contract Packages
Contract Package For Artist
Contract Package For Record Label
Contract Package For Personal Manager
Contract Package For Producer
Contract Package For Publishing Company
Individual Contracts
Agent-Shopping Letter Agreement (Publishing)
Agent-Shopping Letter Agreement (Recording)
Band Partnership Agreement
Booking Agent Agreement (Simple)
Booking Agent Agreement (Extensive)
Co-Publishing Agreement (Specific Term)
Co-Publishing Agreement (Record Co. Affiliate)
Investment Agreement In Record Company
Joint Venture Agreement
Letter Of Direction (To Record Company)
Live Performance Agreement (Simple)
Management Agreement (Artist)
Management Agreement (Business Manager)
Master Use License
Mechanical License
Producer Of Tracks 1 (No Royalty/Song Rights)
Producer Of Tracks 2 (No Royalty/No Song Rights)
Producer Of Tracks 3 (Royalty/Song Rights)
Producer Of Tracks 4 (Royalty/No Song Rights)
Producer-Record Company Agreement
Producer-Artist Development Agreement
Record Company Business Plan and Prospectus
Recording Agreement (Traditional Royalty)
Recording Agreement (Percentage of Profits)
Release Of Recording Agreement
Side Artist Agreement 1 (No Royalty/Song Rights)
Side Artist Agreement 2 (No Royalty/No Song Rts)
Side Artist Agreement 3 (Royalty/Song Rights)
Side Artist Agreement 4 (Royalty/No Song Rights)
Single Song Publishing Agreement
Single Song Collaboration Agreement
Synchronization License
As you can see, there may well be more than one applicable to your
situation. For example:
Business Manager Management Agreement
Description: This Business Manager Management Agreement is used by a
business manager when contracting with an artist. The business
manager, typically different from the manager, is employed to collect
and distribute the artist's money as well as advise the artist in
money matters. A business manager is usually an accountant or C.P.A.
Number of Pages: 6
Download this contract for only $ 19.95
And...
Artist-Manager Management Agreement
Description: This Artist Manager Management Agreement is used by a
manager when contracting with an artist when the manager will be
personally managing and advising the career of the recording and
performing artist
Number of Pages: 7
Download this contract for only $ 29.95
The first page of this agreement is shown on the site above.
You also might be interested in the Management package:
http://www.musiccontracts.com/contractpages/managerpackagepage.htm
Contract Package for Personal Manager
Description: The contracts contained in this package are used to help
personal managers set up and run their business. Most of the
contracts can be purchased individually on this site. However, this
package includes a variation of some of those contracts and are not
available individually.
To view a sample of the contract click on the name of the contract.
For a description of the basic contracts, return to the home page and
click on the name of the single contract. To purchase this package
click on the order button below. The contracts in the record label
package are as follows:
Agent Shopping Letter Agreement (Record Company)
Agent Shopping Letter Agreement (Publisher)
Booking Agent Agreement (Simple)
Booking Agent Agreement (Extensive)
Letter of Direction (To Record Company)
Management Agreement (Artist)
Management Agreement (Producer)
Management Agreement (Business Manager)
Performance Agreement (Simple)
Producer-Artist Development Agreement
Release (Release from contract)
Download this package for only $ 159.99
I think this is an excellent resource for you for immediate templates
to work with.
And here is another site with downloadable forms:
http://www.musiclegalforms.com/cat-pkgmanage.html
Contract Package For Management Company $99.95
Description: Designed for today's managment company, the contracts and
legal
forms in this package will help you set up and run your business. The
package contains 19 different forms, including artist management
contracts, copyright assignment agreements, recording contracts, and
so much more.
This package contains the following contracts and legal forms:
Artist Management Contract
Artist Publicity Contract
Assignment of Interest and Release (Expel Member From Partnership)
Assignment of Interest and Release (Release Artist From Label)
Confidentiality Agreement
Copyright Assignment Agreement
Engineer Work-For-Hire Agreement
General Partnership Agreement
Graphic Design Work-For-Hire
Independent Contractor Agreement
Model/Talent Release Form
Musician Work-For-Hire Agreement
Photographic Release Agreement
Recording Artist Contract (single deal - percentage of profits)
Recording Artist Contract (single deal - traditional royalty)
Recording Artist Contract (album deal - percentage of profits)
Recording Artist Contract (album deal - traditional royalty)
Tour Sponsorship Agreement
Web Site Design Contract
You can find another sample of a management contract here:
http://www.starpolish.com/advice/article.asp?id=20
This sample does mention 20% of gross for management functions and has
a good sampling of clauses you should read.
As matter of fact, browsing this site further, I would recommend you
read the copious amount of information on this page:
http://www.starpolish.com/advice/article.asp?id=19
The Personal Management Contract
Janine S. Natter , Esq.
Editor’s Note: Since there are complex legal intricacies within a
management agreement, we strongly suggest that you read this content
from start to finish the first time, and repeat with subsequent
readings for a proper study and deeper understanding. For ease of
later reference, however, here is an outline with links to the various
subsections.
This is 25 pages of useful information.
And there is even more here including analysis of working management
artists relationships:
http://www.starpolish.com/advice/article.asp?id=18
The index has a great deal more information on ALL aspects of the
business:
http://www.starpolish.com/advice/
More:
http://www.legaljungleguide.com/resourc/musician/contract/musicmanagers.htm
Negotiation Guide for the Personal Management Agreement
This negotiation guide is an excerpt from the audiobook,
The Musician's Guide Through the Legal Jungle:
Answers to Frequently Asked Questions About Music Law
View a detailed outline or listen to excerpts of the audiobook.
Excerpts from this page:
"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...
But most importantly:
...COMMISSION
The typical commission is 15 to 20% of the artist's
entertainment-related income but may be as high as 25%. The artist may
seek to exclude some categories of income from the manager's
commission, or make income in certain categories commissionable only
after all related costs have been paid. For example, most personal
management agreements should provide that the manager does not collect
a commission on money that is not actually income to the musician such
as money a record company gives the artist for recording costs and
tour support..."
This page speaks to some of the specific regulations on New South
Wales law and artist management and has a sample checklist:
http://www.simpsons.com.au/documents/music/lectures/AgentsMa.pdf
If you would like, you can view a sample recording contract, a bit
different than a management contract but possibly useful, at this
site. After all, if you are going to be in the biz, you will need to
know this aspect as well:
http://www.angelfire.com/tn/capitolmanagement/artistcontract.html
Roger, I know time is of the essence and I also don't want to overload
you with information. Please take a look at the above and let me know
if there is anything else you desire on this and I will be happy to
seek further information for you.
Kind Regards,
-=clouseau=- |
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