Join Richard Stim for an in-depth discussion in this video Basic terms, part of Music Law: Recording Management Rights and Performance Contracts.
- A performance agreement establishes…the date and time of the gig, the number…of sets and their length, the payment,…time for load-in and sound check, and of course,…the most important of all subjects of negotiation,…the size of the artist's guest list.…A performance agreement may be an oral agreement…or a simple one page written agreement.…If a musician or a venue has more…detailed requirements, for example,…security, liability and hospitality issues,…those are usually addressed in the document…known as a rider, that is attached to the basic agreement.…
Performance agreements can provide…for payment to artist in various ways.…For example, a percentage of the gig,…or a flat fee with no percentage,…or a guaranteed fee or percentage of the gig,…whichever is higher, or a guaranteed fee…plus a percentage of revenues above the guarantee.…In some cases, part of the fee is paid ahead of time.…In which case, the timing and amount of payment…should be included in the performance agreement.…That way, for example, if the advance is not paid,…
For example, when it comes to record contracts, it's important to know how advances and royalties work, how to maintain creative control, and what happens when a member leaves a band. Rich also tackles management contracts, describing what managers can do for you—and what to do when you need to let them go. Next, he explores the basic terms, riders, and payment options in performance contracts. Then learn about releases, artwork permissions, publishing and producer agreements, and other types of legal arrangements. Rich wraps up the course with a discussion of oral agreements, attorney fees and roles, and five basic rules worth remembering for every music contract.
DISCLAIMER: This course is taught by an attorney (or other instructor) and addresses US law concepts that may not apply in all countries. Neither LinkedIn (including Lynda.com) nor the instructor represents you and they are not giving legal advice. The information conveyed through this course is akin to a college or law school course; it is not intended to give legal advice, but instead to communicate information to help viewers understand the basics of the topic presented. The views (and legal interpretations) presented in this course do not necessarily represent the views of LinkedIn or Lynda.com.
- Why bother with a contract?
- Understanding terms, options, royalties, and deductions
- Making provisions for marketing
- Including warranties and indemnity clauses
- Hiring a manager
- Understanding performance contracts
- Getting permission to use samples
- Creating a band partnership
- Record keeping
- Going through mediation or arbitration