Summertime isn’t only about the weather; it’s also a great time to find hot new talent at festivals all over the country. If you’re a new artist, festivals are an excellent opportunity to introduce yourself to industry professionals – agents, managers, publicists, promoters, producers and many more. But if you’re playing your first big show, what are the legal considerations to think about as you enter the industry? This article looks at management agreements in closer detail.
Every management company (and manager) is different, and so is every agreement. However, there are some key themes that are important to consider. For example, if you’re presented with a management agreement – does it make clear who will be your direct point of contact, or is it anyone at the company? If you’re excited at the idea of working with a specific individual, who has come to see your show, does your agreement clearly state that they will be the person responsible for developing your career?
If you’re getting a lot of attention at the festival, it is likely that a variety of industry professionals will come and see your show. Whether you have an agent or manager already or not, some individuals might try and talk to you about opportunities directly and then follow up with your agent or manager later. If you are looking at signing a management agreement, does it make clear how any commission will be paid if work opportunities come from you (the artist), or will the manager receive the same commission whether they found the opportunity or not? Some managers might be open to the idea of a different commission percentage if the artist has found the work themselves, whereas other management companies do not negotiate on this point and will apply the same commission rate for all their work.
If you decide to leave that management company after working with them for a period of time, what does your agreement state about royalties and continuing commission? Will this stop after a period of time (even if that manager introduced the work) or will they continue to be paid a percentage as long as you continue to be involved (and receive payment) for that opportunity?
It is also important to consider whether you’re comfortable with how you can leave a management company. Some companies have a more flexible attitude towards an artist leaving their business, others have very strict terms. You will need to read this carefully. If you decide to sign the agreement and there is a period within which you must give notice of your intention to leave, it might be helpful to set a reminder so that you can review how you’re feeling, for example a month before, to give yourself an opportunity to look at other agencies before you find yourself not being able to leave for quite a while after that. You might be very happy with no need to consider leaving at all, but it is a useful exercise to consider how you’re feeling and what you might like to do.
It is industry standard to receive legal advice when you are presented with a management agreement. No reputable manager should have any issue with you taking some time to receive legal advice about the agreement they have presented to you. If they do, that is certainly something to consider. The most important point is to ensure that you have read your agreement carefully and you understand all the terms and conditions contained within it. When you find the right manager for you, not only can it create fantastic opportunities for your career, but it can also result in great friendships, support from a person who really understands you as an artist, and guidance as to how to get the best out of you and your work.
At Glaisyers ETL, our Creative, Digital & Marketing Team can help you to navigate any management agreements you may encounter at the beginning of your career, and throughout. For further information about our service offering, please get in touch with Steve Kuncewicz at steve.kuncewicz@glaisyers.com.
