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music Business Test 2
agents managers attorneys
86
Music
Undergraduate 2
11/11/2009

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Term
agents
Definition
secure employment, and get % of the agreed upon money
Term
agents have 2 client bases
Definition
1.) roster of artists 2.) talent buyers (promoters or venues)
Term
managers
Definition
long-term career advisement/development
Term
record deal
Definition
is not considered employment it is a venture
Term
california law
Definition
as much entertainment happens there, california law is generally abided by
Term
can a manager directly secure employment?
Definition
many union juristictions and laws in certain districts prohibit this. (hiring an agent indirectly secures employment)
Term
agent becomes
Definition
a legal representative of the act the act must fulfill agreements that the agent enters into
Term
agent payment
Definition
they get a % of the gross= they want high ticket prices and sold out. generally 10-15%
Term
to be an agent
Definition
states require licenses for legal representatives
Term
agencies
Definition
agents work within companies though acts will generally have a "keyman" clause in contract, contracting them to a specific agent within the company
Term
attorneys
Definition
specialize in entertainment law they maintain relationships with all entities in the music business. work out agreements between publisher/writer, record cont/artist, promoter/artist/agent, artist manager/artist. they must discolse of relationships that may pose conflict of interest.
Term
attorney payment
Definition
1. get paid hourly rate (plus expenses)
2. set fee (no incentive to see it through)
3. contingency agreements-
Term
contingency agreements
Definition
lawyer will not be paid unless or until there is money(this is more often if they are negotiating a deal) (though you will have to cover additional expense- so you insert "floors and ceilings" as far as spending goes here
Term
termination
Definition
you can fire your lawyer at any time, though this is more difficult with a contingency agreement in place
Term
lawyers "shop"
Definition
get songwriters with publishers 'solicited"
Term
unions
Definition
secure employment, regulate labor
Term
gulds
Definition
work for creative rights
Term
AFM
Definition
American Federation of musicians (musicians union)
-recording sessions- rates
-live music (contracted musicians (work/break time periods)
-broadcast performance.
Term
AFM
Definition
American Federation of musicians (musicians union)
-recording sessions- rates
-live music (contracted musicians (work/break time periods)
-broadcast performance.
Term
AFM rates?
Definition
300 to 900, 3 hr increments with 15 minute breaks (if you step into one 3 hour session you pay for the whole thing even if its only 5 minutes)
Term
artist contract
Definition
royalty artist, non-union
Term
Taft-Hartley Act
Definition
unions cannot prevent people from getting work, meaning non-union members @ union recording sessions are paid a union rate and work under inion conditions.
Term
AFTRA
Definition
American Federation of TV and Recording Artists (vocalists)-not considered musicians. higher rates for feature vocalists including residuals (royalties from broadcast) as it is considered higher risk to use voice.
Term
AFTRAs forms
Definition
2 forms.
1.Phonograph Recording Session-documents services and times
2. Production and Wage form- documents personel and wages
Term
doubling
Definition
play two instruments=you get paid twice.
Term
residuals
Definition
from broadcast
Term
royalties
Definition
from sales
Term
contracter
Definition
works for the union. responsible for hiring union members (may sit in on session to document it)
Term
leader
Definition
one of the musicians on session who presides over the session. they earn double.
Term
Union benefits
Definition
healthcare and pension plan (record companies pay union small payments to support these)
Term
personal managers
Definition
cannot directly secure employment- often employ assistance from office assents, tour/road managers, and business managers.
Term
Tour Manager
Definition
-responsible for collecting money
-getting the act to the venue
-all employess on the tour
-responsible for merchandise
-lights and sound
-travel/lodging/meals
Term
components that must be in place for manager to work
Definition
1. belief in artist talent
2. wll organized
3. honest
4. effective communicator
5. willing to hire in areas outside expertise
6. assembles/maintains industry contacts
7. share visiona nd goals with artist
Term
termination of manager
Definition
you can fire your manager but they are usually under contract.
Term
what does a manager technically do?
Definition
takes potential-devlops and offers resource
Term
managers payment
Definition
commission %rate
Term
base
Definition
what the commission is taken out of, ex. income from recording, performance, publishing, merchandise
Term
gross or net?
Definition
standard practice is gross, exceptions are the recording budget
Term
exclusivity
Definition
artist has sole manager, generally unless artist is very powerful, not vice versa
Term
company manager
Definition
then you are working with that "keyman" and if he leaves you are no longer contracted to company.
Term
is artist management contract transferable?
Definition
no
Term
key to success
Definition
control expense=why you have a business manager
Term
management termination
Definition
manager is often entitled to (some or all) income derived from contracts established during the management agreement)
Term
de-escalation
Definition
is established, over time the managers commission decreases steadily to 0
Term
terminated one manager, hired another one typically
Definition
an escalation period will go into place for new manager. 1st manager is not entitles to work of manager 2, including renegotiated contracts
Term
things the manager thinks about
Definition
what kind of performer is the act? who is the audience? can the audience be expanded? what can be done to fully exploit the artist potential?
Term
things the manager thinks about
Definition
what kind of performer is the act? who is the audience? can the audience be expanded? what can be done to fully exploit the artist potential?
Term
develop the act
Definition
writers? choreographers? musical director?
Term
programming the act
Definition
Headline-set length, (headliners management is in charge of the show), techincal issues, Billing, (marquee etc.)
Term
advance career
Definition
radio, print press, web ( those with no news sell "the story" of the band)
Term
"focus tracks"
Definition
"sounds like"
Term
press kit
Definition
one sheet
image
audio
contact info
tour dates
record release info
press clippings
Term
artist management contract
Definition
1. appointment
2.employment
3.assignment
4.term/termination
5.power of attorney
6. artists responsibilities
7.managers commission rate
8.managers commission base
9. accounting, payment structre
10. default/cure
11.arbitration
Term
appointment
Definition
parties, services-"best efforts" and "reasonable" should be in there for this one. Manager offer advice and councel. any [subsets] -busness mgt.
-represntaion, designating manager as artist representation
Term
employment
Definition
attempt
Term
assignment
Definition
limitations/prohibition of transfer of the agreement where you might give permission to let manager hire people to take care of subset type work. exclusivity is here. keyman clause here too.
Term
exclusivity
Definition
mgr is the sole rep of artists, artists also want vice versa but most managers will not go for that.
Term
term/termination
Definition
initial time period, and any options at the discretion of both parties. options often include income plateaus be reached and escalations for managers.
Term
standard agreements
Definition
3 year periods with 1 year options
Term
termination
Definition
de-escalation periods
Term
power of attorney
Definition
right of the manager to enter into agreements on behalf of the artist (time and money limitations are put in place here)
Term
concert promo business startup
Definition
register co. name with local/state offices and obtain a business license and get a bank account
Term
startup capital
Definition
needed for-security deposits for venues
-advances to performers
-potential losses
-promotion advertising expense
Term
reduce risk?
Definition
co-sponsorship:
local radio
-record companies
-papering the house
-venue
-corporate sponsorship
Term
local radio cs
Definition
provide free or low cost ads in exchange for billing/rep dj
Term
record company cs
Definition
negative tour support meaning the rec. co. pays money to promotor to put on the show-eventually comes out of artist royalties
Term
papering the house
Definition
record company buys a block of tickets-very commmon for up and coming acts.
Term
venue
Definition
reduction in rental for participation n ancillary sales (primarily merch)
Term
corporate sponsorship
Definition
(fly a banner for few thou sort of thing)-venues may have ties to competitors=show may not be able to happen there
Term
corporate sponsorship
Definition
(fly a banner for few thou sort of thing)-venues may have ties to competitors=show may not be able to happen there
Term
scaling the house
Definition
ticket pricedeterming the value of seats v. draw v. what audience will pay
Term
colleges/NACA
Definition
college sponsoring-no ticketing, are in many cases closed events=unpublicized (restricted) meaning you can have another publicized event in area.
Term
budget
Definition
venue rental, liability insurance, security, promotion
Term
venue rental
Definition
-flat fee
-flat fee and or % the gross
Term
four walling
Definition
venue just provides the room
Term
things venues can provide
Definition
personnel, stagemangers, lights and sound, box office
Term
where must you break even?
Definition
at 60% of seats sold
Term
percentge breakdown
Definition
5-10% rental, 15% for promostion expense, 10% for unforseen expense
Term
technical rider
Definition
document, part of contract specifying what promoter must supply in terms of audio/lights
Term
personal rider
Definition
personall needs, this is part of contract
Term
promoter contracts
Definition
agent, they work out ossible dates (artists will have a standard fee, guarentee-may be tiered to venue size)
Term
guarentee
Definition
fixed amt of money due to artist no matter what, (will need a deposit of 50% of guarentee. percentage, based on ticket sales
Term
often contract is guarentee vs. percentage
Definition
whichever is higher
Term
to book a venue
Definition
promoter must put a Hold on it often 50% of deposit
Term
SRO
Definition
standing room only, not actually a thing anymore cause of fire code, but means sold out
Term
packaging
Definition
agent will have a opener with a headliner, promoter can offer agent a number of shows.
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